[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 350 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 350

 To amend the Atomic Energy Act of 1954 to strengthen the security of 
                    sensitive radioactive material.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2003

  Mrs. Clinton (for herself, Mr. Gregg, and Mr. Reid) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Atomic Energy Act of 1954 to strengthen the security of 
                    sensitive radioactive material.

    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 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.''.
                                 <all>