Page:United States Statutes at Large Volume 119.djvu/821

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 803

‘‘(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. ‘‘(2) RADIATION SOURCE.—The term ‘radiation source’ means— ‘‘(A) a Category 1 Source or a Category 2 Source, as defined in the Code of Conduct; and ‘‘(B) any other material that poses a threat such that the material is subject to this section, as determined by the Commission, by regulation, other than spent nuclear fuel and special nuclear materials. ‘‘b. COMMISSION APPROVAL.—Not later than 180 days after the date of enactment of this section, the Commission shall issue regulations prohibiting a person from— ‘‘(1) exporting a radiation source, unless the Commission has specifically determined under section 57 or 82, 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— ‘‘(i) a notification has been provided to the recipient country; and ‘‘(ii) a notification has been received from the recipient country; as the Commission determines to be appropriate; ‘‘(2) importing a radiation source, unless the Commission has determined, with respect to the importation, that— ‘‘(A) the proposed recipient is authorized by law to receive the radiation source; and ‘‘(B) the shipment will be made in accordance with any applicable Federal or State law or regulation; and ‘‘(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 ‘‘(B) has required that the transfer shall be made in accordance with any applicable Federal or State law or regulation. ‘‘c. TRACKING SYSTEM.—(1)(A) Not later than 1 year after the date of enactment of this section, 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

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