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FYI
The American Institute of Physics Bulletin of Science Policy News
Number 66: May 23, 2003

Legislation Addresses Security of Radioactive Materials

Among the terrorist threats the federal government is working to
minimize is the threat of radioactive material being used in a
radiological dispersal device, or "dirty bomb."  At a March
conference of the International Atomic Energy Agency on this issue,
Energy Secretary Spencer Abraham declared, "We are gathered here to
deal with...the terrible threat posed by those who would turn
beneficial radioactive sources into deadly weapons."  While Abraham
proposed an international initiative to identify and control high-
risk radioactive sources, several Members of Congress have also
introduced bills to address the threat of dirty bombs in this
country.  In the Senate, Sen. Hillary Clinton (D-NY) introduced the
"Dirty Bomb Prevention Act of 2003" (S. 350) on February 11.  A
similar companion bill in the House, H.R. 891, was introduced by Rep.
Edward Markey (D-MA) on February 25.  Major provisions of the bills
are summarized below; portions of Abraham's speech will be
highlighted in the next FYI.
 
Both bills would amend the Atomic Energy Act of 1954 to enhance the
security of certain radioactive materials.  Radioactive materials
have numerous beneficial applications, in medicine as well as in
other areas.  The American Association of Physicists in Medicine
(AAPM) is reviewing the bills, according to Gerald White, Chair of
AAPM's Professional Council.  He indicated that AAPM is "concerned
that the use of radioactive materials in the diagnosis and treatment
of disease not be unnecessarily impeded." 

The Senate bill targets "sensitive radioactive material," including
any source materials, by-product materials, special nuclear
materials, or other radioactive materials that warrant "improved
security and protection against loss, theft, or sabotage."  The House
bill only refers to protection of sealed source material.  Neither
bill deals with safeguarding spent or unspent nuclear fuel.  Both
bills would establish a Task Force of federal officials (or, in the
case of the House bill, their designees) to assess the security of
such materials against threats of sabotage, theft, or use in a dirty
bomb.  Membership of the Task Force varies from bill to bill, but in
both cases would include the Secretaries of Defense, Homeland
Security, and Transportation, and the Directors of the Central
Intelligence Agency and the Federal Emergency Management Agency. 

The Task Force would make recommendations on administrative and
legislative actions, according to the Senate bill, "to provide the
maximum practicable degree of security" against possible threats.  (
The House bill encourages the Task Force to consult with federal,
state, and local agencies and the public in this process.)  While the
details vary slightly from bill to bill, in general these
administrative and legislative actions may include development or
modification of the following: a classification system for such
materials; a national tracking system and a national system for
recovery of material that is lost or stolen; procedures to improve
security during use, transportation and storage; provisions for
storage of material that is not currently in use; methods to ensure
return or proper disposal of such materials (possibly by a refundable
user fee); and modifications of export controls to ensure foreign
recipients will control the materials in a similar manner. 

Procedures to improve the security of such radioactive materials
during use may include periodic audits or inspections, increased
fines for security and safety violations, background checks on
individuals with access to such materials, measures to ensure the
physical security of storage facilities, and screening of shipments
of radioactive material to ensure the shipments do not contain
explosives. 

The House bill also calls for the National Academy of Sciences to
study the industrial, research, and commercial uses for sealed
radioactive sources, and identify "industrial or other processes that
utilize sealed sources that could be replaced with economically and
technically equivalent (or improved) processes that do not require
the use of radioactive materials." 

Questions have been raised about the additional costs hospitals might
incur in meeting enhanced security requirements, and about how
effectively the bills would restrict terrorists' access to materials
that could be used in a dirty bomb. 

The prospect for the bills is not known.  Similar bills were
introduced, but not passed, last year.  Both of the current bills
were introduced by Democrats, and each has only one Republican
cosponsor at this time.  The Senate bill, which is cosponsored by
Senators Judd Gregg (R-NH) and Harry Reid (D-NV),  has been referred
to the Committee on Environment and Public Works.  The House bill,
which now has eight cosponsors, has been referred to the House Energy
and Commerce Subcommittee on Energy and Air Quality. 

###############
Audrey T. Leath
Media and Government Relations Division
The American Institute of Physics
fyi{at}aip.org  www.aip.org/gov
(301) 209-3094
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