FADS Act Clarifies Nuclear Waste Rules: Allows Disposal of Foreign 'Dirty Bomb' Materials at WIPP

The Foreign Americium Disposal and Storage Act of 2025 (FADS Act) might sound like a title from a sci-fi movie, but it’s actually a hyper-focused bill designed to fix a very specific, real-world security problem: getting rid of dangerous radiological material. Essentially, this legislation gives the Department of Energy (DOE) the green light to dispose of certain foreign-made nuclear waste at the Waste Isolation Pilot Plant (WIPP) in New Mexico, clearing a regulatory roadblock that currently prevents the safe removal of materials that could be used in a ‘dirty bomb.’

The Bureaucratic Snag Holding Up Security

This bill targets a highly technical, yet critical, inconsistency in current law. Right now, the DOE can dispose of U.S.-made Americium-241 (Am241) sealed sources—a transuranic element—at WIPP, which is designed for this specific type of waste. However, if that exact same material was manufactured in a foreign country, say Russia, the DOE’s hands are tied. The problem is that these U.S. and foreign sources often end up co-located, meaning we can secure some of the risk but not all of it, leaving dangerous material sitting around simply because of its origin.

Clearing the Path for Dangerous Waste

Section 2 of the FADS Act amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 to clarify the DOE’s authority. It specifically allows for the collection, storage, and disposal of foreign-origin fissile or radiological materials containing transuranic elements at WIPP, provided two conditions are met. First, the material must be classified as waste from atomic energy defense activities. Second, it must be similar to the proliferation-attractive materials already covered by the existing law. This move directly addresses the Am241 issue, giving the National Nuclear Security Administration (NNSA) a clear, legal pathway to remove these high-risk sources faster.

Real-World Impact: Less Risk, Minimal Disruption

For most people, the immediate impact of this bill is better national security. Am241 is considered a “proliferation-attractive material,” meaning it’s highly sought after by groups looking to create radiological dispersal devices, or 'dirty bombs.' Expediting its disposal means removing that risk from circulation. The change resolves a logistical headache for the NNSA, allowing them to clean up sites completely instead of leaving behind foreign-made sources that pose the same threat as the U.S.-made ones they just removed.

Crucially, the DOE estimates that allowing this foreign material disposal will only add about one or two shipments per year to WIPP’s operations. This means the bill achieves its security goal without placing a significant new burden on the WIPP facility or the communities along the transportation routes. It’s a very targeted, low-volume fix for a high-stakes security gap, streamlining an essential part of nuclear waste management that benefits everyone by reducing the availability of dangerous materials.