H.R. 4236
119th CONGRESS 1st Session
To clarify the authority of the Department of Energy to dispose of certain foreign-origin fissile or radiological materials at the Waste Isolation Pilot Plant.
IN THE HOUSE OF REPRESENTATIVES · June 27, 2025 · Sponsor: Mr. Mills · Committee: Committee on Foreign Affairs
Table of contents
- SEC. 1. Short title
- SEC. 2. Clarification of authority to dispose of certain fissile or radiological materials
SEC. 1. Short title
This Act may be cited as the or the "Foreign Americium Disposal and Storage Act of 2025" or "FADS Act of 2025".
SEC. 2. Clarification of authority to dispose of certain fissile
or radiological materials
(a) Findings
Congress finds the following: (1) While United States-origin americium-241 (Am–241) sealed sources recovered by the National Nuclear Security Administration of the Department of Energy may be disposed of at the Waste Isolation Pilot Plant (WIPP), Russian-origin Am–241 sources may not be.
(2) Section 2(19) of the WIPP Land Withdrawal Act of 1991 identifies WIPP as the location for the disposal of . "radioactive waste materials generated by atomic energy defense activities"
(3) The Am–241 sources of concern that may not currently be eligible for disposal at WIPP have the same isotopic properties and are often colocated with sources that are eligible for disposal at WIPP.
(4) Russian-origin sealed sources, once confirmed to meet the WIPP Waste Acceptance Criteria, should be eligible for disposal at WIPP.
(5) The Carlsbad Field Office of the Department estimates the volume to be disposed is equivalent to 1 to 2 shipments a year and will have a negligible impact on WIPP operations.
(6) The Department, the Nuclear Regulatory Commission (NRC), and the international community have identified Am–241 as a radioisotope that should be protected due to the possibility of its use in a radiological dispersal device.
(7) As part of its defense nuclear nonproliferation mission, the National Nuclear Security Administration recovers thousands of disused sealed sources from domestic and international facilities.