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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Dirty Bomb Prevention Act of 2003''.

SEC. 2. SENSITIVE RADIOACTIVE MATERIAL SECURITY.

(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:

''SEC. 170C. SENSITIVE RADIOACTIVE MATERIAL SECURITY.

''(a) Definitions.--In this section:
''(1) Sensitive radioactive material.--
''(A) In general.--The term 'sensitive radioactive
material' means--
''(i) a material--
''(I) that is a source material,
byproduct material, or special nuclear
material; and
''(II) that is any other
radioactive material (regardless of
whether the material is or has been
licensed or otherwise regulated under
this Act) produced or made radioactive
before or after the date of enactment
of this section; and
''(ii) that is in such a form or quantity
or concentration that the Commission
determines, based on and consistent with the
recommendations of the task force, should be
classified as 'sensitive radioactive material'
that warrants improved security and protection
against loss, theft, or sabotage.
''(B) Exclusion.--The term 'sensitive radioactive
material' does not include nuclear fuel or spent
nuclear fuel.
''(2) Security threat.--The term 'security threat' means--
''(A) a threat of sabotage or theft of sensitive
radioactive material;
''(B) a threat of use of sensitive radioactive
material in a radiological dispersal device; and
''(C) any other threat of terrorist or other
criminal activity involving sensitive radioactive
material that could harm the health or safety of the
public due primarily to radiological properties of the
sensitive radioactive material, as determined by the
Commission based on and consistent with the
recommendations of the task force.
''(3) Task force.--The term 'task force' means the task
force on sensitive radioactive material security established by
subsection (b).
''(b) Task Force on Sensitive Radioactive Material Security.--
''(1) Establishment.--There is established a task force on
sensitive radioactive material security.
''(2) Membership.--The task force shall be comprised of--
''(A) the chairman of the Commission, who shall
serve as chairperson of the task force;
''(B) the Secretary of Defense;
''(C) the Secretary of Transportation;
''(D) the Administrator of the Environmental
Protection Agency;
''(E) the Attorney General;
''(F) the Secretary of State;
''(G) the Director of the Central Intelligence
Agency;
''(H) the Secretary of Health and Human Services;
''(I) the Director of the Federal Emergency
Management Agency; and
''(J) the Secretary of Homeland Security.
''(c) Duties.--
''(1) In general.--The task force shall--
''(A) evaluate the security of sensitive
radioactive material against security threats; and
''(B) recommend administrative and legislative
actions to be taken to provide the maximum practicable
degree of security against security threats.
''(2) Considerations.--In carrying out paragraph (1), the
task force shall make recommendations to--
''(A) determine the radioactive materials that
should be classified as sensitive radioactive
materials;
''(B) develop a classification system for sensitive
radioactive materials that--
''(i) is based on the potential for use by
terrorists of sensitive radioactive material
and the extent of the threat to public health
and safety posed by that potential; and
''(ii) takes into account--
''(I) radioactivity levels of
sensitive radioactive material;
''(II) the dispersibility of
sensitive radioactive material;
''(III) the chemical and material
form of sensitive radioactive material;
''(IV) the availability of
pharmaceuticals containing sensitive
radioactive materials for use by
physicians in treating patients; and
''(V) other appropriate factors;
''(C) develop a national system for recovery of
sensitive radioactive material that is lost or stolen,
taking into account the classification system
established under subparagraph (B);
''(D) provide for the storage of sensitive
radioactive material that is not currently in use in a
safe and secure manner;
''(E) develop a national tracking system for
sensitive radioactive material, taking into account the
classification system established under subparagraph
(B);
''(F) develop methods to ensure the return or
proper disposal of sensitive radioactive material;
''(G) modify current export controls on sensitive
radioactive materials so that, to the extent feasible,
exports from the United States of sensitive radioactive
materials are made only to foreign recipients that are
willing and able to control the sensitive radioactive
materials in the same manner as recipients in the
United States; and
''(H) establish procedures to improve the security
of sensitive radioactive material in use,
transportation, and storage.
''(3) Procedures to improve security.--The procedures to
improve the security of sensitive radioactive material under
paragraph (2)(H) may include--
''(A) periodic audits or inspections by the
Commission to ensure that sensitive radioactive
material is properly secured and can be fully accounted
for;
''(B) evaluation by the Commission of security
measures taken by persons that possess sensitive
radioactive material;
''(C) imposition of increased fines for violations
of regulations relating to security and safety measures
applicable to licensees that possess sensitive
radioactive material;
''(D) conduct of background checks on individuals
with access to sensitive radioactive material;
''(E) measures to ensure the physical security of
facilities in which sensitive radioactive material is
stored; and
''(F) screening of shipments of sensitive
radioactive material to facilities that are
particularly at risk for sabotage to ensure that the
shipments do not contain explosives.
''(d) Report.--Not later than 90 days after the date of enactment
of this section, and not less frequently than once every 3 years
thereafter, the task force shall submit to the President and Congress a
report in unclassified form (with a classified annex, if necessary)
describing the administrative and legislative actions recommended under
subsection (c)(1).
''(e) Administrative Action.--Not later than 60 days after the date
of submission of the report under subsection (d), the Commission shall,
based on and consistent with the recommendations of the task force,
take such actions as are appropriate to--
''(1) revise the system for licensing sensitive radioactive
materials based on and consistent with the recommendations of
the task force; and
''(2) ensure that States that have entered into an
agreement under section 274b. establish compatible programs in
a timely manner.''.
(b) Technical and Conforming Amendment.--The table of contents of
the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by
adding at the end of the item relating to chapter 14 the following:

''Sec. 170B. Uranium supply.
''Sec. 170C. Sensitive Radioactive Material Security.''.
Dirty Bomb Prevention Act of 2003 - Amends the Atomic Energy Act of 1954 to establish the task force on sensitive radioactive material security to: (1) evaluate the security of sensitive radioactive material against security threats; and (2) recommend administrative and legislative actions to be taken to provide the maximum practicable degree of security against such threats. Prescribes implementation guidelines.