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108th CONGRESS
1st Session
H. R. 891
To establish a task force to evaluate and make recommendations with
respect to the security of sealed sources of radioactive materials, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2003
Mr. Markey (for himself, Mr. Israel, and Ms. Lee) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
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A BILL
To establish a task force to evaluate and make recommendations with
respect to the security of sealed sources of radioactive materials, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dirty Bomb Prevention Act''.
SEC. 2. RADIATION SOURCE PROTECTION.
(a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following new
section:
``Sec. 170C. Radiation Source Protection.--
``a. Task Force on Sealed Source Protection.--
``(1) Establishment.--There is hereby established a task
force on sealed source protection.
``(2) Membership.--The task force shall be headed by the
Chairman of the Commission or his designee. Its members shall
be the following:
``(A) The Secretary of Homeland Security or his
designee.
``(B) The Secretary of Defense or his designee.
``(C) The Secretary of Energy or his designee.
``(D) The Secretary of Transportation or his
designee.
``(E) The Attorney General or his designee.
``(F) The Secretary of State or his designee.
``(G) The Director of the Central Intelligence
Agency or his designee.
``(H) The Director of the Federal Emergency
Management Agency or his designee.
``(I) The Director of the Federal Bureau of
Investigation or his designee.
``(3) Duties.--
``(A) In general.--The task force, in consultation
with other State, Federal, and local agencies and
members of the public, as appropriate, shall evaluate
and provide recommendations to ensure the security of
sealed sources from potential terrorist threats,
including acts of sabotage, theft, or use of such
sources in a radiological dispersal device.
``(B) Recommendations to congress and the
president.--Not later than 180 days after the date of
the enactment of this section, and not less than once
every 3 years thereafter, the task force shall submit a
report to Congress and to the President, in
unclassified form with a classified annex if necessary,
providing recommendations, including recommendations
for appropriate regulatory and legislative changes,
for--
``(i) the establishment of or modifications
to a classification system for sealed sources
based on their potential attractiveness to
terrorists and the extent of the threat to
public health and safety, taking into account
sealed source radioactivity levels,
dispersability, chemical and material form, for
radiopharmaceuticals, the availability of these
substances to physicians and patients whose
medical treatment relies on them, and other
factors as appropriate;
``(ii) the establishment of or
modifications to a national system for recovery
of sealed sources that have been lost or
stolen, taking into account the classification
system established under clause (i);
``(iii) the storage of sealed sources not
currently in use in a safe and secure manner;
``(iv) the establishment of or modification
to a national tracking system for sealed
sources, taking into account the classification
system established under clause (i);
``(v) the establishment of or modifications
to a national system to impose fees to be
collected from users of sealed sources, to be
refunded when the sealed sources are returned
or properly disposed of, or any other method to
ensure the return or proper disposal of sealed
sources;
``(vi) any modifications to export controls
on sealed sources necessary to ensure that
foreign recipients of sealed sources are able
and willing to control United States-origin
sealed sources in the same manner as United
States recipients;
``(vii) whether alternative technologies
are available that can perform some or all of
the functions currently performed by devices
that employ sealed sources, and if so, the
establishment of appropriate regulations and
incentives for the replacement of such devices
with alternative technologies in order to
reduce the number of sealed sources in the
United States; and
``(viii) the creation of or modifications
to procedures for improving the security of
sealed sources in use, transportation, and
storage, which may include periodic Commission
audits or inspections to ensure that sealed
sources are properly secured and can be fully
accounted for, Commission evaluation of
security measures, increased fines for
violations of Commission regulations relating
to security and safety measures applicable to
licensees who possess sealed sources,
background checks for certain individuals with
access to sealed sources, assurances of the
physical security of facilities that contain
sealed sources, and the screening of shipments
to facilities particularly at risk for sabotage
of sealed sources to ensure that they do not
contain explosives.
``b. Commission Actions.--Not later than 60 days after receipt by
Congress and the President of the report required under subsection
a.(3)(B), the Commission, in accordance with the recommendations of the
task force, shall take any appropriate actions, including commencing
revision of its system for licensing sealed sources, and shall take
necessary steps to ensure that States that have entered into an
agreement under section 274 b. establish compatible programs in a
timely manner.
``c. National Academy of Sciences Study.--Not later than 60 days
after the date of the enactment of this section, the Commission shall
enter into an arrangement with the National Academy of Sciences for a
study of industrial, research, and commercial uses for sealed sources.
The study shall review the current uses for sealed sources, identifying
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. The
Commission shall transmit the results of the study to Congress within
24 months after the date of the enactment of this section.
``d. Definition.--For purposes of this section, the term `sealed
source' means any byproduct material or special nuclear material
encased in a capsule designed to prevent leakage or escape of the
material, except that such term does not include fuel or spent fuel.''.
(b) Table of Sections Amendment.--The table of sections of the
Atomic Energy Act of 1954 is amended by adding at the end of the items
relating to chapter 14 the following new items:
``Sec. 170B. Uranium supply.
``Sec. 170C. Radiation source protection.''.
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