42 U.S.C. § 2210h: Radiation source protection

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 . a Category 1 Source or a Category 2 Source, as defined in the Code of Conduct; and 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. the recipient of the radiation source may receive and possess the radiation source under the laws and regulations of the country of the recipient; 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 a notification has been provided to the recipient country; and a notification has been received from the recipient country; the proposed recipient is authorized by law to receive the radiation source; and the shipment will be made in accordance with any applicable Federal or State law or regulation; and has determined that the licensee has verified that the proposed recipient is authorized under law to receive the radiation source; and has required that the transfer shall be made in accordance with any applicable Federal or State law or regulation. 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. 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. enable the identification of each radiation source by serial number or other unique identifier; require reporting within 7 days of any change of possession of a radiation source; require reporting within 24 hours of any loss of control of, or accountability for, a radiation source; and provide for reporting under subparagraphs (B) and (C) through a secure Internet connection. A violation of a regulation issued under subsection (a) or (b) shall be punishable by a civil penalty not to exceed $1,000,000. 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. 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 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. Not later than 2 years after August 8, 2005 , the Commission shall submit to Congress the results of the study under paragraph (1). There is established a task force on radiation source protection and security (referred to in this section as the “task force”). The chairperson of the task force shall be the Chairperson of the Commission (or a designee). The Secretary of Homeland Security (or a designee). The Secretary of Defense (or a designee). The Secretary of Energy (or a designee). The Secretary of Transportation (or a designee). The Attorney General (or a designee). The Secretary of State (or a designee). The Director of National Intelligence (or a designee). The Director of the Central Intelligence Agency (or a designee). The Administrator of the Federal Emergency Management Agency (or a designee). The Director of the Federal Bureau of Investigation (or a designee). The Administrator of the Environmental Protection Agency (or a designee). 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. radiation source radioactivity levels; radioactive half-life of a radiation source; dispersability; chemical and material form; for radioactive materials with a medical use, the availability of the sources to physicians and patients for medical treatment; and any other factor that the Chairperson of the Commission determines to be appropriate; the establishment of, or modifications to, a national system for recovery of lost or stolen radiation sources; 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; modifications to the national tracking system for radiation sources; 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; 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; 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 with alternative technologies in order to reduce the number of radiation sources in the United States; or 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 periodic audits or inspections by the Commission to ensure that radiation sources are properly secured and can be fully accounted for; evaluation of the security measures by the Commission; increased fines for violations of Commission regulations relating to security and safety measures applicable to licensees that possess radiation sources; criminal and security background checks for certain individuals with access to radiation sources (including individuals involved with transporting radiation sources); 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 ; assurances of the physical security of facilities that contain radiation sources (including facilities used to temporarily store radiation sources being transported); and 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. take any action the Commission determines to be appropriate, including revising the system of the Commission for licensing radiation sources; and 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.