I
107TH CONGRESS
2D SESSION
H. R. 5023
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
JUNE 26, 2002
Mr. MARKEY 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 recommenda-
tions with respect to the security of sealed sources of
radioactive materials, 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. TASK FORCE
ON SEALED SOURCE PROTEC-
TION.—
‘‘(1) ESTABLISHMENT.—There is hereby estab-
lished 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 Defense or his des-
ignee.
‘‘(B) The Secretary of Transportation or
his designee.
‘‘(C) The Attorney General or his designee.
‘‘(D) The Secretary of State or his des-
ignee.
‘‘(E) The Director of the Central Intel-
ligence Agency or his designee.
‘‘(F) The Director of the Federal Emer-
gency Management Agency or his designee.
‘‘(G) The Director of the Federal Bureau
of Investigation or his designee.
‘‘(H) The Homeland Security Officer or
his designee.
‘‘(3) DUTIES.—
material form, and other factors as appro-
priate;
‘‘(ii) the establishment of or modifica-
tions to a national system for recovery of
sealed sources that have been lost or sto-
len, 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 man-
ner;
‘‘(iv) the establishment of or modifica-
tion to a national tracking system for
sealed sources, taking into account the
classification system established under
clause (i);
‘‘(v) the establishment of or modifica-
tions 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 re-
turn or proper disposal of sealed sources;
‘‘(vi) any modifications to export con-
trols 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 de-
vices that employ sealed sources, and if so,
the establishment of appropriate regula-
tions 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 Com-
mission audits or inspections to ensure
that sealed sources are properly secured
and can be fully accounted for, Commis-
sion evaluation of security measures, in-
creased fines for violations of Commission
regulations relating to security and safety
measures applicable to licensees who pos-
sess 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 in-
dustrial, 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 tech-
nically equivalent (or improved) processes that do not re-
quire 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 spe-
cial nuclear material encased in a capsule designed to pre-
vent 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.’’.
Æ