[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2689 Introduced in House (IH)]






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 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''.

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 adding at the end the following new 
section:
    ``Sec. 170C. Radiation source 
Protection. --
    ``a. Nuclear Regulatory Commission Approval.--Not later than 180 
days after the date of enactment 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 proposed 
                        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 appropriate 
                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 possession 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 accordance 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 accordance 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 establishing 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 radiation 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 section, 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 replaced with economically and 
technically equivalent (or improved) 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 event 
of an accident or attack involving the radiation source. The Nuclear 
Regulatory Commission shall transmit the results of the study to 
Congress not later than 24 months after the date of enactment of this 
section.
    ``e. Commission Actions.--Not later than 60 days after receipt by 
Congress and the President of a report required under subsection 
f.(3)(B), the Nuclear Regulatory Commission, in accordance with the 
recommendations of the task force, shall take any appropriate actions, 
including commencing revision of its system for licensing radiation 
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.
    ``f. Task Force on Radiation Source Protection and Security.--
            ``(1) Establishment.--There is hereby established a task 
        force on radiation source protection and security.
            ``(2) Membership.--The task force shall be headed by the 
        Chairman of the Nuclear Regulatory Commission or the Chairman's 
        designee. Its members shall be the following:
                    ``(A) The Secretary of Homeland Security or the 
                Secretary's designee.
                    ``(B) The Secretary of Defense or the Secretary's 
                designee.
                    ``(C) The Secretary of Energy or the Secretary's 
                designee.
                    ``(D) The Secretary of Transportation or the 
                Secretary's designee.
                    ``(E) The Attorney General or the Attorney 
                General's designee.
                    ``(F) The Secretary of State or the Secretary's 
                designee.
                    ``(G) The Director of National Intelligence or the 
                Director's designee.
                    ``(H) The Director of the Central Intelligence 
                Agency or the Director's designee.
                    ``(I) The Director of the Federal Emergency 
                Management Agency or the Director's designee.
                    ``(J) The Director of the Federal Bureau of 
                Investigation or the Director's designee.
            ``(3) Duties.--
                    ``(A) In general.--The task force, in consultation 
                with other State, Federal, and local agencies and 
                appropriate members of the public, after public notice 
                and an opportunity for public comment, shall evaluate 
                and provide recommendations to ensure the security of 
                radiation sources from potential terrorist threats, 
                including acts of sabotage, theft, or use of such 
                radiation sources in a radiological dispersal device.
                    ``(B) Recommendations to congress and the 
                president.--Not later than 1 year after the date of 
                enactment of this section, and not less than once every 
                3 years thereafter, the task force shall submit a 
                report to Congress and to the President, in 
                unclassified form with a classified annex if necessary, 
                providing recommendations, including recommendations 
                for appropriate regulatory and legislative changes, 
                for--
                            ``(i) a list of additional radiation 
                        sources that should be required to be secured 
                        under this Act, based on their potential 
                        attractiveness to terrorists and the extent of 
                        the threat to public health and safety, taking 
                        into account radiation source radioactivity 
                        levels, dispersability, chemical and material 
                        form, and, for radiopharmaceuticals, the 
                        availability of these substances to physicians 
                        and patients whose medical treatments relies on 
                        them, and other factors as appropriate;
                            ``(ii) the establishment of or 
                        modifications to a national system for recovery 
                        of radiation sources that have been lost or 
                        stolen;
                            ``(iii) the storage of radiation sources 
                        not currently in use in a safe and secure 
                        manner;
                            ``(iv) modification to the national 
                        tracking system for radiation sources;
                            ``(v) the establishment of or modifications 
                        to a national system to impose fees to be 
                        collected from users of radiation sources, to 
                        be refunded when the radiation sources are 
                        properly disposed of, or any other method to 
                        ensure the proper disposal of radiation 
                        sources;
                            ``(vi) any modifications to export controls 
                        on radiation sources necessary to ensure that 
                        foreign recipients of radiation sources are 
                        able and willing to control United States-
                        origin radiation 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 devices or 
                        processes that employ radiation sources, and if 
                        so, the establishment of appropriate 
                        regulations and incentives for the replacement 
                        of such devices or processes with alternative 
                        technologies in order to reduce the number of 
                        radiation sources in the United States, or with 
                        radiation sources that would pose a lesser risk 
                        to public health and safety in the event of an 
                        accident or attack involving the radiation 
                        source; and
                            ``(viii) the creation of or modifications 
                        to procedures for improving the security of 
                        radiation sources in use, transportation, and 
                        storage, which may include periodic Nuclear 
                        Regulatory Commission audits or inspections to 
                        ensure that radiation sources are properly 
                        secured and can be fully accounted for, Nuclear 
                        Regulatory Commission evaluation of security 
                        measures, increased fines for violations of 
                        Nuclear Regulatory Commission regulations 
                        relating to security and safety measures 
                        applicable to licensees who possess radiation 
                        sources, criminal and security background 
                        checks for certain individuals with access to 
                        radiation sources (including individuals 
                        involved with transporting radiation sources), 
                        assurances of the physical security of 
                        facilities that contain radiation sources 
                        (including facilities used to temporarily store 
                        radiation sources being transported), 
                        requirements and a mechanism for effective and 
                        timely exchanges of information regarding the 
                        results of such criminal and security 
                        background checks between the Nuclear 
                        Regulatory Commission and States with which the 
                        Commission has entered into an agreement under 
                        section 274 b., and the screening of shipments 
                        to facilities particularly at risk for sabotage 
                        of radiation sources to ensure that they do not 
                        contain explosives.
    ``g. Definition.--For purposes of this section, the term `radiation 
source' means any sealed or unsealed source whose activity levels are 
within Category 1, Category 2, or Category 3 as defined under the Code 
of Conduct on the Safety and Security of Radioactive Sources, approved 
by the Board of Governors of the International Atomic Energy Agency on 
September 8, 2003.''.
    (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.''.

SEC. 3. TREATMENT OF ACCELERATOR-PRODUCED AND OTHER RADIOACTIVE 
              MATERIAL AS BY-PRODUCT MATERIAL.

    (a) Definition of Byproduct Material.--Section 11 e. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(e)) is amended--
            (1) by striking ``means (1) any radioactive'' and inserting 
        ``means--
            ``(1) any radioactive'';
            (2) by striking ``material, and (2) the tailings'' and 
        inserting ``material;
            ``(2) the tailings''; and
            (3) by striking ``content.'' and inserting ``content;
            ``(3)(A) any discrete source of radium that is produced, 
        extracted, or converted after extraction, before, on, or after 
        the date of enactment of this paragraph for use in commercial, 
        medical, or research activity; or
            ``(B) any material that--
                    ``(i) has been made radioactive by use of a 
                particle accelerator; and
                    ``(ii) is produced, extracted, or converted after 
                extraction, before, on, or after the date of enactment 
                of this paragraph for use in commercial, medical, or 
                research activity; and
            ``(4) any discrete source of naturally occurring 
        radioactive material, other than source material, that--
                    ``(A) has been removed from the natural environment 
                and has been concentrated to levels greater than that 
                found in the natural environment due to human 
                activities; and
                    ``(B) before, on, or after the date of enactment of 
                this paragraph, is extracted or converted after 
                extraction for use in commercial, medical, or research 
                activity.''.
    (b) Agreements.--Section 274 b. of the Atomic Energy Act of 1954 
(42 U.S.C. 2021(b)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) byproduct materials (as defined in section 11 e.);'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3), respectively.
    (c) Regulations.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Nuclear Regulatory Commission, after 
        consultation with States and other stakeholders, shall 
        promulgate final regulations as the Commission considers 
        necessary to implement this Act and the amendments made by this 
        Act. Such regulations shall include a definition of the term 
        ``discrete'' for purposes of paragraphs (3) and (4) of section 
        11 e. of the Atomic Energy Act of 1954 (as added by subsection 
        (a)) that is designed to ensure that byproduct material is 
        controlled in a manner consistent with other materials that 
        pose the same threat to public health and safety and the common 
        defense and security.
            (2) Cooperation.--The Commission shall cooperate with the 
        States in formulating the regulations under paragraph (1), and 
        to the extent practicable shall use existing State consensus 
        standards.
            (3) Transition.--To ensure an orderly transition of 
        regulatory authority with respect to byproduct material as 
        defined in paragraphs (3) and (4) of section 11 e. of the 
        Atomic Energy Act of 1954 (as added by subsection (a)), the 
        regulations promulgated under paragraph (1) shall include a 
        transition plan, developed in coordination with States, for--
                    (A) States that have not, before such plan is 
                issued, entered into an agreement with the Commission 
                under section 274 b. of the Atomic Energy Act of 1954 
                (42 U.S.C. 2021(b)); and
                    (B) States that have entered into such an agreement 
                with the Commission, including, in the case of a State 
                that has entered into such an agreement and has 
                certified that it has an existing State program for 
                licensing of the byproduct material defined in 
                paragraphs (3) and (4) of section 11 e. of the Atomic 
                Energy Act of 1954 (as added by subsection (a)) that is 
                adequate to protect public health and safety, provision 
                for assumption by the State of regulatory 
                responsibility for such byproduct material through an 
                administrative process that--
                            (i) provides interim provisional 
                        recognition of an existing State program for 
                        licensing the byproduct material until adoption 
                        of an amended agreement under section 274 b.; 
                        and
                            (ii) requires that the byproduct material 
                        is included in the periodic reviews of the 
                        State programs for adequacy and compatibility 
                        required under section 274 j.(1).
            (4) Availability of radiopharmaceuticals.--In its 
        promulgation of final rules under paragraph (1), the Commission 
        shall consider the impact on the availability of 
        radiopharmaceuticals to the physicians and patients whose 
        medical treatment relies on them.
    (d) Waste Disposal.--
            (1) In general.--Section 81 of the Atomic Energy Act of 
        1954 (42 U.S.C. 2111) is amended by adding at the end the 
        following: ``Byproduct material may only be transferred to and 
        disposed of in a disposal facility licensed by the Commission, 
        if the disposal facility meets the licensing requirements of 
        the Commission and is adequate to protect public health and 
        safety, or a disposal facility licensed by a State that has 
        entered into an agreement with the Commission under section 274 
        b., if the disposal facility meets requirements of the State 
        that are compatible with the licensing requirements of the 
        Commission and is adequate to protect public health and 
        safety.''.
            (2) Byproduct material not considered low-level radioactive 
        waste.--Section 2(9) of the Low-Level Radioactive Waste Policy 
        Act (42 U.S.C. 2021b(9)) is amended by adding after 
        subparagraph (B) the following:
        ``Such term shall not include byproduct material as defined in 
        paragraphs (3) and (4) of section 11 e. of the Atomic Energy 
        Act of 1954.''.
    (e) Effective Date.--Subsections (a), (b), and (d) shall take 
effect 1 year after the date of enactment of this Act.

SEC. 4. RADIATION SOURCES CONTROLLED BY DEPARTMENT OF ENERGY.

    (a) Nuclear Fuel.--
            (1) Report.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary of Energy shall transmit 
        to Congress a report accounting for the location and status of 
        all nuclear fuel that has been exported by the Federal 
        Government.
            (2) Reacquisition.--
                    (A) In general.--The Secretary of Energy shall, to 
                the maximum extent practicable, reacquire nuclear fuel 
                described in paragraph (1) for disposal, giving highest 
                priority to nuclear fuel that is--
                            (i) in a location that is not secure; or
                            (ii) in a country that does not have 
                        sufficient resources to either properly dispose 
                        of the nuclear fuel or return the nuclear fuel 
                        to the United States for disposal.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated to the Secretary of 
                Energy $50,000,000 for each of the fiscal years 2006 
                through 2010 for carrying out subparagraph (A).
    (b) Radiation Sources and Sealed Sources of Plutonium.--
            (1) Report.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary of Energy shall transmit 
        to Congress a report accounting for the location and status of 
        all radiation sources (as defined in section 170C(g) of the 
        Atomic Energy Act of 1954, as added by section 1 of this Act) 
        and sealed sources of plutonium weighing more than 1 gram that 
        have been exported by the Federal Government.
            (2) Reacquisition.--
                    (A) In general.--The Secretary of Energy shall, to 
                the maximum extent practicable, reacquire radiation 
                sources and sealed sources of plutonium described in 
                paragraph (1) for disposal that are--
                            (i) in a location that is not secure; or
                            (ii) in a country that does not have 
                        sufficient resources to either properly dispose 
                        of the radiation sources and sealed sources of 
                        plutonium or return the radiation sources and 
                        sealed sources of plutonium to the United 
                        States for disposal.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated to the Secretary of 
                Energy $30,000,000 for each of the fiscal years 2006 
                through 2010 for carrying out subparagraph (A).
                                 <all>