I 

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 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Dirty Bomb Prevention 

5 Act’’. 

6 SEC. 2. RADIATION SOURCE PROTECTION. 

7 (a) AMENDMENT.—Chapter 14 of the Atomic Energy 

8 Act of 1954 (42 U.S.C. 2201 et seq.) is amended by add9 ing at the end the following new section: 
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1 ‘‘SEC. 170C. Radiation Source Protection.—

2 ‘‘a. TASK FORCE ON SEALED SOURCE PROTEC3 TION.—

4 ‘‘(1) ESTABLISHMENT.—There is hereby estab5 lished a task force on sealed source protection. 

6 ‘‘(2) MEMBERSHIP.—The task force shall be 

7 headed by the Chairman of the Commission or his 

8 designee. Its members shall be the following: 

9 ‘‘(A) The Secretary of Homeland Security 

10 or his designee. 

11 ‘‘(B) The Secretary of Defense or his des12 ignee. 

13 ‘‘(C) The Secretary of Energy or his des14 ignee. 

15 ‘‘(D) The Secretary of Transportation or 

16 his designee. 

17 ‘‘(E) The Attorney General or his des18 ignee. 

19 ‘‘(F) The Secretary of State or his des20 ignee. 

21 ‘‘(G) The Director of the Central Intel22 ligence Agency or his designee. 

23 ‘‘(H) The Director of the Federal Emer24 gency Management Agency or his designee. 
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1 ‘‘(I) The Director of the Federal Bureau of 

2 Investigation or his designee. 

3 ‘‘(3) DUTIES.—

4 ‘‘(A) IN GENERAL.—The task force, in 

5 consultation with other State, Federal, and 

6 local agencies and members of the public, as 

7 appropriate, shall evaluate and provide rec8 ommendations to ensure the security of sealed 

9 sources from potential terrorist threats, includ10 ing acts of sabotage, theft, or use of such 

11 sources in a radiological dispersal device. 

12 ‘‘(B) RECOMMENDATIONS TO CONGRESS

13 AND THE PRESIDENT.—Not later than 180 

14 days after the date of the enactment of this sec15 tion, and not less than once every 3 years there16 after, the task force shall submit a report to 

17 Congress and to the President, in unclassified 

18 form with a classified annex if necessary, pro19 viding recommendations, including rec20 ommendations for appropriate regulatory and 

21 legislative changes, for—

22 ‘‘(i) the establishment of or modifica23 tions to a classification system for sealed 

24 sources based on their potential 

25 attractiveness to terrorists and the extent 
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1 of the threat to public health and safety, 

2 taking into account sealed source radioac3 tivity levels, dispersability, chemical and 

4 material form, for radiopharmaceuticals, 

5 the availability of these substances to phy6 sicians and patients whose medical treat7 ment relies on them, and other factors as 

8 appropriate; 

9 ‘‘(ii) the establishment of or modifica10 tions to a national system for recovery of 

11 sealed sources that have been lost or sto12 len, taking into account the classification 

13 system established under clause (i); 

14 ‘‘(iii) the storage of sealed sources not 

15 currently in use in a safe and secure man16 ner; 

17 ‘‘(iv) the establishment of or modifica18 tion to a national tracking system for 

19 sealed sources, taking into account the 

20 classification system established under 

21 clause (i); 

22 ‘‘(v) the establishment of or modifica23 tions to a national system to impose fees 

24 to be collected from users of sealed 

25 sources, to be refunded when the sealed 
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1 sources are returned or properly disposed 

2 of, or any other method to ensure the re3 turn or proper disposal of sealed sources; 

4 ‘‘(vi) any modifications to export con5 trols on sealed sources necessary to ensure 

6 that foreign recipients of sealed sources 

7 are able and willing to control United 

8 States-origin sealed sources in the same 

9 manner as United States recipients; 

10 ‘‘(vii) whether alternative technologies 

11 are available that can perform some or all 

12 of the functions currently performed by de13 vices that employ sealed sources, and if so, 

14 the establishment of appropriate regula15 tions and incentives for the replacement of 

16 such devices with alternative technologies 

17 in order to reduce the number of sealed 

18 sources in the United States; and 

19 ‘‘(viii) the creation of or modifications 

20 to procedures for improving the security of 

21 sealed sources in use, transportation, and 

22 storage, which may include periodic Com23 mission audits or inspections to ensure 

24 that sealed sources are properly secured 

25 and can be fully accounted for, Commis-
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1 sion evaluation of security measures, in2 creased fines for violations of Commission 

3 regulations relating to security and safety 

4 measures applicable to licensees who pos5 sess sealed sources, background checks for 

6 certain individuals with access to sealed 

7 sources, assurances of the physical security 

8 of facilities that contain sealed sources, 

9 and the screening of shipments to facilities 

10 particularly at risk for sabotage of sealed 

11 sources to ensure that they do not contain 

12 explosives. 

13 ‘‘b. COMMISSION ACTIONS.—Not later than 60 days 

14 after receipt by Congress and the President of the report 

15 required under subsection a.(3)(B), the Commission, in 

16 accordance with the recommendations of the task force, 

17 shall take any appropriate actions, including commencing 

18 revision of its system for licensing sealed sources, and 

19 shall take necessary steps to ensure that States that have 

20 entered into an agreement under section 274 b. establish 

21 compatible programs in a timely manner. 

22 ‘‘c. NATIONAL ACADEMY OF SCIENCES STUDY.—Not 

23 later than 60 days after the date of the enactment of this 

24 section, the Commission shall enter into an arrangement 

25 with the National Academy of Sciences for a study of in-
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1 dustrial, research, and commercial uses for sealed sources. 

2 The study shall review the current uses for sealed sources, 

3 identifying industrial or other processes that utilize sealed 

4 sources that could be replaced with economically and tech5 nically equivalent (or improved) processes that do not re6 quire the use of radioactive materials. The Commission 

7 shall transmit the results of the study to Congress within 

8 24 months after the date of the enactment of this section. 

9 ‘‘d. DEFINITION.—For purposes of this section, the 

10 term ‘sealed source’ means any byproduct material or spe11 cial nuclear material encased in a capsule designed to pre12 vent leakage or escape of the material, except that such 

13 term does not include fuel or spent fuel.’’. 

14 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

15 sections of the Atomic Energy Act of 1954 is amended 

16 by adding at the end of the items relating to chapter 14 

17 the following new items:

‘‘Sec. 170B. Uranium supply. 

‘‘Sec. 170C. Radiation source protection.’’.

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