I 
109TH CONGRESS 
1ST SESSION H. R. 2689 
To increase the security of radiation sources, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 26, 2005 
Mr. MARKEY introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To increase the security of radiation sources, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 add-
ing at the end the following new section: 
‘‘SEC. 
170C. 
RADIATION
SOURCE 
PROTECTION. —
‘‘a. 
NUCLEAR
REGULATORY
COMMISSION
AP-
PROVAL.—Not later than 180 days after the date of enact-
ment of this section, the Nuclear Regulatory Commission 
shall issue regulations prohibiting a person from— 
‘‘(1) exporting a radiation source unless the 
Nuclear Regulatory Commission has specifically 
found, with respect to that export, that— 
‘‘(A) the appropriate regulatory agency in 
the recipient country— 
‘‘(i) has been informed of the pro-
posed export; and 
‘‘(ii) has determined that the proposed 
export will be made in accordance with the 
recipient nation’s laws and regulations; 
‘‘(B) the recipient nation has the appro-
priate technical and administrative capability, 
resources, and regulatory structure to ensure 
that the radiation source will be managed in a 
safe and secure manner; and 
‘‘(C) the person exporting the radiation 
source has made arrangements to retake pos-
session of it when the recipient is no longer 
using it;
‘‘(2) importing a radiation source unless the 
Nuclear Regulatory Commission has specifically 
found, with respect to that import, that— 
‘‘(A) the proposed recipient is authorized 
under law to receive the shipment; and 
‘‘(B) the shipment will be made in accord-
ance with all applicable Federal and State laws 
and regulations; and 
‘‘(3) selling or otherwise transferring ownership 
of a radiation source unless the Nuclear Regulatory 
Commission has specifically found, with respect to 
that sale or transfer, that— 
‘‘(A) the proposed recipient is authorized 
under law to receive the radiation source; and 
‘‘(B) the transfer will be made in accord-
ance with all applicable Federal and State laws 
and regulations. 
‘‘b. TRACKING SYSTEM.—Not later than 180 days 
after the date of enactment of this section, the Nuclear 
Regulatory Commission shall issue regulations estab-
lishing a mandatory tracking system for all radiation 
sources in the United States. Such system shall— 
‘‘(1) enable the identification of each radiation 
source by serial number or other unique identifier;
‘‘(2) require reporting within 24 hours of any 
change of geographic location or ownership of a ra-
diation source, including any change of geographic 
location that occurs while the radiation source is 
being transported; 
‘‘(3) require reporting within 24 hours of any 
loss of control of or accountability for a radiation 
source; and 
‘‘(4) provide for reporting through a secure 
Internet connection. 
‘‘c. PENALTY.—Each violation of regulations issued 
under subsection a. or b. shall be punishable by a civil 
penalty of up to $1,000,000. 
‘‘d. NATIONAL ACADEMY OF SCIENCES STUDY.—Not 
later than 60 days after the date of enactment of this sec-
tion, the Nuclear Regulatory Commission shall enter into 
an arrangement with the National Academy of Sciences 
for a study of industrial, research, and commercial uses 
for radiation sources. The study shall review the current 
uses for radiation sources, identifying industrial or other 
processes that utilize radiation sources that could be re-
placed with economically and technically equivalent (or im-
proved) processes that do not require the use of radiation 
sources, or that can be used with radiation sources that 
would pose a lesser risk to public health and safety in the