Page:United States Statutes at Large Volume 119.djvu/824

 119 STAT. 806

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PUBLIC LAW 109–58—AUG. 8, 2005

‘‘(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; ‘‘(II) evaluation of the security measures by the Commission; ‘‘(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 274 b.; ‘‘(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 COMMISSION.—Not 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 274 b. take similar action in a timely manner.’’. (2) CONFORMING AMENDMENT.—The table of sections of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) (as amended by subsection (c)(5)(A)) is amended by adding at the end of the items relating to chapter 14 the following: ‘‘Sec. 170H. Radiation source protection.’’.

(e) TREATMENT OF ACCELERATOR-PRODUCED AND OTHER RADIOACTIVE MATERIAL AS BYPRODUCT MATERIAL.— (1) DEFINITION OF BYPRODUCT MATERIAL.—Section 11 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) is amended— (A) by striking ‘‘means (1) any radioactive’’ and inserting the following: ‘‘means— ‘‘(1) any radioactive’’. (B) by striking ‘‘material, and (2) the tailings’’ and inserting the following: ‘‘material; ‘‘(2) the tailings’’. (C) by striking ‘‘content.’’ and inserting the following: ‘‘content; ‘‘(3)(A) any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after

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