(a) DefinitionsIn this section:
(1) Code of conduct
The term “Code of Conduct” means the code entitled the “Code of Conduct on the Safety and Security of Radioactive Sources”, approved by the Board of Governors of the International Atomic Energy Agency and dated September 8, 2003.
(b) Commission approvalNot later than 180 days after August 8, 2005, the Commission shall issue regulations prohibiting a person from—
(1) exporting a radiation source, unless the Commission has specifically determined under section 2077 or 2112 of this title, consistent with the Code of Conduct, with respect to the exportation, that—
(A)
the recipient of the radiation source may receive and possess the radiation source under the laws and regulations of the country of the recipient;
(B)
the recipient country 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) before the date on which the radiation source is shipped—
as the Commission determines to be appropriate;
(2) importing a radiation source, unless the Commission has determined, with respect to the importation, that—
(3) selling or otherwise transferring ownership of a radiation source, unless the Commission—
(A)
has determined that the licensee has verified that the proposed recipient is authorized under law to receive the radiation source; and
(c) Tracking system
(1)
(A)
Not later than 1 year after August 8, 2005, the Commission shall issue regulations establishing a mandatory tracking system for radiation sources in the United States.
(B)
In establishing the tracking system under subparagraph (A), the Commission shall coordinate with the Secretary of Transportation to ensure compatibility, to the maximum extent practicable, between the tracking system and any system established by the Secretary of Transportation to track the shipment of radiation sources.
(2) The tracking system under paragraph (1) shall—
(C)
require reporting within 24 hours of any loss of control of, or accountability for, a radiation source; and
(d) Penalty
A violation of a regulation issued under subsection (a) or (b) shall be punishable by a civil penalty not to exceed $1,000,000.
(e) National Academy of Sciences study
(1)
Not later than 60 days after August 8, 2005, the Commission shall enter into an arrangement with the National Academy of Sciences under which the National Academy of Sciences shall conduct a study of industrial, research, and commercial uses for radiation sources.
(2) The study under paragraph (1) shall include a review of uses of radiation sources in existence on the date on which the study is conducted, including an identification of any industrial or other process that—
(A)
uses a radiation source that could be replaced with an economically and technically equivalent (or improved) process that does not require the use of a radiation source; or
(B)
may be used with a radiation source that would pose a lower risk to public health and safety in the event of an accident or attack involving the radiation source.
(f) Task force on radiation source protection and security
(1)
There is established a task force on radiation source protection and security (referred to in this section as the “task force”).
(3)
(A)
The task force, in consultation with Federal, State, and local agencies, the Conference of Radiation Control Program Directors, and the Organization of Agreement States, and after public notice and an opportunity for comment, shall evaluate, and provide recommendations relating to, the security of radiation sources in the United States from potential terrorist threats, including acts of sabotage, theft, or use of a radiation source in a radiological dispersal device.
(B) Not later than 1 year after August 8, 2005, and not less than once every 4 years thereafter, the task force shall submit to Congress and the President a report, 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 chapter, based on the potential attractiveness of the sources to terrorists and the extent of the threat to public health and safety of the sources, taking into consideration—
(ii)
the establishment of, or modifications to, a national system for recovery of lost or stolen radiation sources;
(iii)
the storage of radiation sources that are not used in a safe and secure manner as of the date on which the report is submitted;
(v)
the establishment of, or modifications to, a national system (including user fees and other methods) to provide for the proper disposal of radiation sources secured under this chapter;
(vi)
modifications to export controls on radiation sources to ensure that foreign recipients of radiation sources are able and willing to adequately control radiation sources from the United States;
(vii)
(I)
any alternative technologies available as of the date on which the report is submitted that may perform some or all of the functions performed by devices or processes that employ radiation sources; and
(II) the establishment of appropriate regulations and incentives for the replacement of the devices and processes described in subclause (I)—
(aa)
with alternative technologies in order to reduce the number of radiation sources in the United States; or
(bb)
with radiation sources that would pose a lower 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 use, transportation, and storage of radiation sources, including—
(I)
periodic audits or inspections by the Commission to ensure that radiation sources are properly secured and can be fully accounted for;
(III)
increased fines for violations of Commission regulations relating to security and safety measures applicable to licensees that possess radiation sources;
(IV)
criminal and security background checks for certain individuals with access to radiation sources (including individuals involved with transporting radiation sources);
(V)
requirements for effective and timely exchanges of information relating to the results of criminal and security background checks between the Commission and any State with which the Commission has entered into an agreement under section 2021(b) of this title;
(VI)
assurances of the physical security of facilities that contain radiation sources (including facilities used to temporarily store radiation sources being transported); and
(VII)
the screening of shipments to facilities that the Commission determines to be particularly at risk for sabotage of radiation sources to ensure that the shipments do not contain explosives.
(g) Action by CommissionNot later than 60 days after the date of receipt by Congress and the President of a report under subsection (f)(3)(B), the Commission, in accordance with the recommendations of the task force, shall—
(1)
take any action the Commission determines to be appropriate, including revising the system of the Commission for licensing radiation sources; and
(2)
ensure that States that have entered into agreements with the Commission under section 2021(b) of this title take similar action in a timely manner.
(Aug. 1, 1946, ch. 724, title I, § 170H, as added Pub. L. 109–58, title VI, § 651(d)(1), Aug. 8, 2005, 119 Stat. 802; amended Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.)