Foreign Americium Disposal and Storage Act of 2025; FADS Act of 2025
Summary
The Foreign Americium Disposal and Storage Act of 2025 (FADS Act) aims to clarify the Department of Energy's authority to dispose of foreign-origin fissile or radiological materials, specifically americium-241 (Am-241), at the Waste Isolation Pilot Plant (WIPP). Currently, US-origin Am-241 can be disposed of at WIPP, but Russian-origin Am-241 cannot, despite having similar properties. The bill amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 to include foreign-origin transuranic elements for disposal at WIPP.
Expected Effects
The FADS Act will allow the National Nuclear Security Administration (NNSA) to accelerate the removal of proliferation-attractive fissile materials or radiological materials, reducing the risk of these materials being used in radiological dispersal devices (dirty bombs). It will also streamline the disposal process for foreign-origin Am-241 sources that meet WIPP's Waste Acceptance Criteria. The Carlsbad Field Office estimates a negligible impact on WIPP operations.
Potential Benefits
- Reduces the risk of radiological dispersal devices by accelerating the removal of Am-241.
- Streamlines the disposal process for foreign-origin Am-241.
- Supports the NNSA's defense nuclear nonproliferation mission.
- Addresses a gap in current regulations regarding the disposal of foreign-origin Am-241.
- Has a negligible impact on WIPP operations, according to the Carlsbad Field Office.
Potential Disadvantages
- Potential environmental concerns, although the impact is estimated to be negligible.
- Possible public perception issues related to the disposal of radioactive materials.
- Increased oversight and monitoring may be required to ensure compliance with WIPP Waste Acceptance Criteria.
Constitutional Alignment
The bill appears to align with the Constitution's provision for the common defense (Preamble) and the Necessary and Proper Clause (Article I, Section 8), as it addresses national security concerns related to nuclear materials. The regulation of radioactive materials disposal falls under the broad authority of Congress to provide for the nation's defense and welfare. No specific constitutional conflicts are apparent.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).