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August 4, 2016
<http://inhomelandsecurity.com/a-secret-group-bought-the-ingredients-for-a-dirty-bomb-here-in-the-u-s/>
A secret group bought the ingredients for a dirty bomb — here in the U.S.


The clandestine group’s goal was clear: Obtain the building blocks of a
radioactive “dirty bomb” — capable of poisoning a major city for a year or
more — by openly purchasing the raw ingredients from authorized sellers
inside the United States.It should have been hard. The purchase of lethal
radioactive materials — even modestly dangerous ones — requires a license
from the Nuclear Regulatory Commission, a measure meant to keep them away
from terrorists. Applicants must demonstrate they have a legitimate need
and understand the NRC’s safety standards, and pass an on-site inspection
of their equipment and storage.But this secret group of fewer than 10
people — formed in April 2014 in North Dakota, Texas and Michigan —
discovered that getting a license and then ordering enough materials to
make a dirty bomb was strikingly simple in one of their three tries.
Sellers were preparing shipments that together were enough to poison a city
center when the operation was shut down.The team’s members could have been
anyone — a terrorist outfit, emissaries of a rival government, domestic
extremists. In fact, they were undercover bureaucrats with the
investigative arm of Congress. And they had pulled off the same stunt nine
years before. Their fresh success has set off new alarms among some
lawmakers and officials in Washington about risks that terrorists inside
the United States could undertake a dirty bomb attack.Here’s how they did
it: In Dallas, they incorporated a shell company they never intended to run
and rented office space in a nondescript industrial park, merely to create
an address for the license application. In a spot on the form where they
were supposed to identify their safety officer, they made up a name and
attached a fake résumé. They claimed to need the material to power an
industrial gauge used in oil and gas exploration.Last year, their
application was sent not to Washington but to Texas regulators, who had
been deputized by the NRC to grant licenses without federal review. When
the state’s inspector visited the fake office, he saw it was empty and had
no security precautions. But members of the group assured him that once
they had a license, they would be able to make the security and safety
improvements.So the inspector, who always carried licenses with him, handed
them one on the spot.The two-page Texas document authorized the company to
buy the sealed radioactive material in an amount smaller than needed for
any nefarious purpose. But no copies were required to be kept in a
readily-accessible, government database. So after using the license to
place one order, the team simply made a digital copy and changed the
permitted quantities, enabling it to place a new order with another seller
for twice the original amount.“I wouldn’t call what we did very
sophisticated,” Ned Woodward, the mastermind of the Government
Accountability Office’s plot, said in a phone interview with the Center for
Public Integrity. “There was nothing we had done to improve that site to
make it appear as if it were an ongoing business.”In 2007, Woodward’s
colleagues in the GAO similarly set up fake businesses, got licenses to
purchase low-level radioactive material and altered them to buy larger
quantities. The NRC promised “immediate action to address the weaknesses we
identified,” according to the GAO’s report on that incident.The auditors’
aim this time around was to see whether the government had cleaned up its
act and taken steps to close some simple gateways to obtaining the
ingredients for a dirty bomb.It turns out, the government had not.While the
purchases that Woodward’s team set in motion were never completed, if they
had been, his group would have had enough radioactive material to create
the type of dangerous dirty bomb that terrorists may seek, according to
David Trimble, director of Natural Resources and Environment at the GAO and
Woodward’s boss. It would have been within the group’s reach to spread
cancer-causing americium and beryllium dust over many blocks, threatening
the health of anyone who breathed it.The quantity each seller could have
sent was dangerous, and together the quantity was “significantly
dangerous,” Trimble said, speaking on a GAO podcast.He said he is confident
his investigators could have altered the license again and again, allowing
them to amass an even larger quantity. “It’s a back door,” he said in an
interview. “We walked through it and we showed the door was still open. We
could have kept doing it. If you can forge [a license] once, there’s no
reason you can’t forge it again and again.”Texas nuclear regulatory
officials have responded by quietly firing two managers and organizing new
training efforts.NRC Commissioner Jeff Baran, a lawyer and former House
staff member, wrote a swift letter to the two other current NRC
commissioners (two positions are vacant) stating that even if Texas changed
its procedures, “GAO’s covert testing identified a regulatory gap.” He
urged his colleagues to consider creating a system for tracking licenses
and sales of low-level radioactive materials — an idea that its members
rejected seven years ago under heavy state and industry pressure.The GAO’s
July 15 report on the episode, which described the bare bones of its scam
without naming any of the states involved or identifying the precise
materials that were improperly ordered, similarly said that the NRC and
state regulators aren’t doing enough to keep such materials out of
terrorists’ hands.It criticized the state regulator for granting the
licenses, but also said the commission needs to act to block license
alterations and track sales and shipments of lower-level radiological
materials, using measures like those already in place for the sale of more
hazardous fissile materials.*Billions of dollars in potential economic
harm*Unlike
a nuclear detonation, which could destroy a large city, the explosion of a
dirty bomb would provoke more chaos than immediate fatalities, according to
a 2007 study commissioned by the Department of Homeland Security.“A
terrorist attack using a dirty bomb in the United States is possible,
perhaps even moderately likely, but would not kill many people,” two
professors at the University of Southern California wrote in the study,
which was conducted with advice from government scientific and
counterintelligence experts. “Instead, such an attack primarily would
result in economic and psychological consequences.”The explosion could be
lethal to someone nearby or to the first emergency personnel to arrive. But
cleaning up the contaminated area would cost billions of dollars and take
about a year in the scenario examined by the study’s authors — a dirty bomb
targeting the ports of Los Angeles and Long Beach, which together
constitute the third-busiest in the world. At its worst, the resulting
economic harm could exceed $250 billion.One key to keeping the ingredients
out of terrorists’ hands, the authors concluded, is “being more proactive
in controlling and protecting the original sources of radioactive
material.” But they also warned that “an attack that involves relatively
low-level radioactive material from a U.S. facility” — the precise scenario
tested by the GAO — is more likely to be successful than an attack using
imported material, because the chances of detection are so much less.“Why
bother smuggling it if you can just order it with a fake license,” Trimble
said.Radioactive materials considered useful in a dirty bomb are widely
present in U.S. and international commerce, used legitimately for medical
and industrial purposes in more than 70,000 high-risk devices located at
13,000 buildings, according to a 2013 Energy Department estimate. These
include machinery that irradiates food or blood products or is used to
diagnose illness. In the United States alone, about 21,000 licenses for the
purchase of these materials are active — and in some states they are
reviewed by regulators only once a decade.The Obama administration
highlighted the dangers associated with loose radioactive materials at
international summits in 2010, 2012, 2014 and this March. On March 31,
President Obama’s deputy national security adviser Ben Rhodes warned
reporters at a media briefing that while terrorists would have a hard time
building or stealing a working nuclear weapon and delivering it, making a
“more rudimentary dirty bomb” would be less challenging.Coordinated suicide
bombings in Brussels nine days earlier had stoked special anxiety about
dirty bombs, because two perpetrators had secretly surveilled a senior
researcher in a Belgian radioactive isotope program as he came and went
from his home. The resulting videos, which police seized, prompted worries
that the terrorists wanted to kidnap the man to force a handover of
radioactive materials.The Belgian video suggested that “terrorist
organizations like al-Qaeda and ISIL have an interest in getting their
hands on these types of materials,” Rhodes said at the summit media
briefing, using an acronym for the Islamic State. “They want to do as much
damage as possible. That was al-Qaeda’s position for many years; we have no
reason to doubt that that is ISIL’s position as well.”The Obama
administration’s ambition in convening the summits, Rhodes said, was to
“bring the standard up around the world so that it is at the level that we
see certainly here in the United States.”That level, it turns out, isn’t so
high.*Tighter regulation rejected in 2009*In a written statement about the
report, Rep. Bennie Thompson (D-Miss.), the ranking Democrat on the House
Committee on Homeland Security, who asked for the GAO’s investigation,
said, “radiological and nuclear terrorism remains a threat to our nation’s
security,” and the GAO’s scam showed how easy it is to exploit gaps in the
NRC’s oversight that should have been fixed years ago.“The NRC should
re-evaluate its licensing requirements to ensure those who want to do us
harm cannot obtain a license to purchase radioactive materials as easily as
covert testers did,” Thompson said.Similar demands were made, but refused,
after the GAO’s sting operation in 2007 exposed the same weaknesses. Then,
NRC staff proposed requiring that all licensing and sales involving
“Category 3 radioactive materials” — those in types or quantities
considered less dangerous than others — be tracked in a single national
database, as they already were for higher-risk Category 1 and 2 materials.
Otherwise, it said, these Category 3 materials might be accumulated
surreptitiously — through the process the GAO used — “for potential
malevolent use.”Companies that sell radiological materials complained in
response that they couldn’t even begin to guess how burdensome an expanded
tracking system might be for them. Regulators in 24 of the states that had
been deputized by the NRC to issue licenses also registered their
opposition to the expanded tracking, partly because the system for tracking
more dangerous quantities was then not working well.Only Minnesota
supported the proposal, calling it one of several “essential steps” that
were “long overdue.” Then-NRC member Peter Lyons, a former official at the
Los Alamos weapons laboratory, similarly argued at the time that expanded
tracking “will further reduce the potential for aggregating sources” to a
dangerous level. But NRC Commissioner Kristine Svinicki, a nuclear engineer
who had worked on the civilian side of the Energy Department, said she
thought the on-site inspections would be enough to stop thefts or
diversions.In June 2009, the radioactive material sellers and state
regulators got their way. The NRC rejected on the plan with a 2-to-2 tie
vote.That left in place regulations for keeping low-level radioactive
materials out of terrorists’ hands that were written in 1978. While the NRC
is technically responsible for overseeing these rules, in practice it has
granted only 13 percent of the active purchase licenses, relying instead on
inspectors in 37 states to oversee the rest. They are supposed to get NRC
training, and to follow the NRC’s 14-point checklist rules for inspections.This
is what the GAO sought to verify: “We designed our test to fail” through
egregious behavior during on-site visits, the report said.The NRC had
previously judged North Dakota’s on-site inspections deficient. With high
staff turnover fueled by higher-paying jobs in the state’s booming oil and
gas industry, the NRC decided in 2011 to put its radiation protection
office into a remedial “heightened oversight” program. But the GAO’s
experiment failed there, showing the state had turned around.The
applicants’ facility was unsuited for the kind of work they said they
intended to do. They “couldn’t even get a well-logging truck through the
door of this building they’d rented,” said Dale Patrick, manager of the
radiation program at the North Dakota Department of Health, in a telephone
interview. Similar concerns arose during a second GAO licensing effort in
Michigan, where NRC regional inspectors from Illinois also blocked the
GAO’s scam.But Texas failed the GAO’s test last year because its inspector
didn’t follow agreed procedures “to make sure this unknown entity was a
legitimate company and did not question that the applicant was not a
registered business with the Texas secretary of state,” according to
Christine Mann, a spokeswoman for the Texas Department of State Health
Services.Texas’s on-site inspectors routinely carried licenses with them
and commonly handed them to applicants on the spot without consulting
anyone else about what they’d observed. The practice meant that a single
person, operating in the field and without independent scrutiny, functioned
as the sole obstruction to improper sales.“Yes, that did happen, but we no
longer allow that to occur,” Mann said.The GAO’s sting spurred change in
Texas. The state fired two managers and sent letters of reprimand to two
members of its licensing staff, according to Mann. The radiation control
department retrained its personnel, and altered its procedures to require
supervisory reviews of all licenses. A new NRC review in February, however,
noted that the division still had “budgetary shortfalls” because the state
was using its regulatory fees to raise revenues that it then spent for
other purposes. It had 42 personnel to oversee more than 1,570 licensees
and shippers and thousands of transactions each year.After being briefed by
the GAO on what had happened, the NRC immediately revoked the license Texas
had granted the GAO’s shell company and told the vendors to cancel the
orders. The NRC also asked all its state-level partners and regional NRC
offices to review their licensing practices and updated its training
courses to emphasize the need for heightened scrutiny. But unnamed NRC
officials told the GAO that “NRC had no current plans to take action” to
enact stricter regulations, because the issue had been considered and
rejected in 2009.After the report’s release, however, Duncan White, a
senior health physicist at the NRC, wrote in an official blog post that NRC
staff will restudy the issue and discuss it further with the commission
later this year. A spokeswoman for the NRC, Maureen Conley, declined to add
to what the blog said.“We’re encouraged that NRC appears to be looking
closely at this issue and considering the merits of the recommendation that
we made,” Trimble said, “which we believe is on point.”


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