II 

108TH CONGRESS 

2D SESSION S. 2763

To amend the Atomic Energy Act of 1954 to clarify the treatment of 

accelerator-produced and other radioactive material as byproduct material. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2004

Mrs. CLINTON (for herself, Mr. GREGG, and Mr. REID) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL

To amend the Atomic Energy Act of 1954 to clarify the 

treatment of accelerator-produced and other radioactive 

material as byproduct material.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. TREATMENT OF ACCELERATOR-PRODUCED 

4 AND OTHER RADIOACTIVE MATERIAL AS BY5 PRODUCT MATERIAL. 

6 (a) DEFINITION OF BYPRODUCT MATERIAL.—Sec7 tion 11e. of the Atomic Energy Act of 1954 (42 U.S.C. 

8 2014(e)) is amended—
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1 (1) by striking ‘‘means (1) any radioactive’’ and 

2 inserting ‘‘means—

3 ‘‘(1) any radioactive’’; 

4 (2) by striking ‘‘material, and (2) the tailings’’ 

5 and inserting ‘‘material; 

6 ‘‘(2) the tailings’’; and 

7 (3) by striking ‘‘content.’’ and inserting ‘‘con8 tent; 

9 ‘‘(3)(A) any discrete source of radium-226 that 

10 is produced, extracted, or converted after extraction, 

11 before, on, or after the date of enactment of this 

12 paragraph, for use in a commercial, medical, or re13 search activity; or 

14 ‘‘(B) any material that—

15 ‘‘(i) has been made radioactive by use of a 

16 particle accelerator; and 

17 ‘‘(ii) is produced, extracted, or converted 

18 after extraction, before, on, or after the date of 

19 enactment of this paragraph, for use in a com20 mercial, medical, or research activity; and 

21 ‘‘(4) any discrete source of naturally occurring 

22 radioactive material, other than source material 

23 that—

24 ‘‘(A) the Nuclear Regulatory Commission 

25 determines (after consultation with the Admin-
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1 istrator of the Environmental Protection Agen2 cy, the Secretary of Energy, the Secretary of 

3 Homeland Security, and the head of any other 

4 appropriate Federal agency), would pose a 

5 threat similar to that posed by a discrete source 

6 of radium-226 to the public health and safety 

7 or the common defense and security; and 

8 ‘‘(B) before, on, or after the date of enact9 ment of this paragraph, is extracted or con10 verted after extraction, for use in a commercial, 

11 medical, or research activity.’’. 

12 (b) AGREEMENTS.—Section 274b. of the Atomic En13 ergy Act of 1954 (42 U.S.C. 2021(b)) is amended—

14 (1) by redesignating paragraphs (3) and (4) as 

15 paragraphs (5) and (6), respectively; and 

16 (2) by inserting after paragraph (2) the fol17 lowing: 

18 ‘‘(3) byproduct materials (as defined in section 

19 11e.(3)); 

20 ‘‘(4) byproduct materials (as defined in section 

21 11e.(4));’’. 

22 (c) REGULATIONS.—

23 (1) IN GENERAL.—Not later than the effective 

24 date of this section, the Nuclear Regulatory Com25 mission shall promulgate final regulations estab-
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1 lishing such requirements and standards as the 

2 Commission considers necessary for the acquisition, 

3 possession, transfer, use, or disposal of byproduct 

4 material (as defined in paragraphs (3) and (4) of 

5 section 11e. of the Atomic Energy Act of 1954 (as 

6 added by subsection (a))). 

7 (2) COOPERATION.—The Commission shall co8 operate with the States in formulating the regula9 tions under paragraph (1). 

10 (3) TRANSITION.—To ensure an orderly transi11 tion of regulatory authority with respect to byprod12 uct material as defined in paragraphs (3) and (4) of 

13 section 11e. of the Atomic Energy Act of 1954 (as 

14 added by subsection (a)), not later than 180 days 

15 before the effective date of this section, the Nuclear 

16 Regulatory Commission shall prepare and provide 

17 public notice of a transition plan developed in co18 ordination with States that—

19 (A) have not, before the effective date of 

20 this section, entered into an agreement with the 

21 Commission under section 274b. of the Atomic 

22 Energy Act of 1954 (42 U.S.C. 2021(b)); or 

23 (B) in the case of a State that has entered 

24 into such an agreement, has not, before the ef25 fective date of this section, applied for an 
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1 amendment to the agreement that would permit 

2 assumption by the State of regulatory responsi3 bility for such byproduct material. 

4 (d) EFFECTIVE DATE.—Except with respect to mat5 ters that the Nuclear Regulatory Commission determines 

6 are required to be addressed earlier to protect the public 

7 health and safety or to promote the common defense and 

8 security, the amendments made by this section take effect 

9 on the date that is 1 year after the date of enactment 

10 of this Act.

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