relating to security and safety measures 
applicable to licensees who possess radi-
ation sources, criminal and security back-
ground checks for certain individuals with 
access to radiation sources (including indi-
viduals involved with transporting radi-
ation sources), assurances of the physical 
security of facilities that contain radiation 
sources (including facilities used to tempo-
rarily store radiation sources being trans-
ported), requirements and a mechanism for 
effective and timely exchanges of informa-
tion regarding the results of such criminal 
and security background checks between 
the Nuclear Regulatory Commission and 
States with which the Commission has en-
tered into an agreement under section 274 
b., and the screening of shipments to facili-
ties particularly at risk for sabotage of ra-
diation sources to ensure that they do not 
contain explosives. 
‘‘g. DEFINITION.—For purposes of this section, the 
term ‘radiation source’ means any sealed or unsealed 
source whose activity levels are within Category 1, Cat-
egory 2, or Category 3 as defined under the Code of Con-
duct on the Safety and Security of Radioactive Sources, 
approved by the Board of Governors of the International 
Atomic Energy Agency on September 8, 2003.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of the Atomic Energy Act of 1954 is amended 
by adding at the end of the items relating to chapter 14 
the following new items: 
‘‘Sec. 170B. Uranium supply. 
‘‘Sec. 170C. Radiation source protection.’’. 
SEC. 3. TREATMENT OF ACCELERATOR-PRODUCED AND 
OTHER 
RADIOACTIVE 
MATERIAL 
AS 
BY- 
PRODUCT MATERIAL. 
(a) DEFINITION OF BYPRODUCT MATERIAL.—Sec-
tion 11 e. of the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)) is amended— 
(1) by striking ‘‘means (1) any radioactive’’ and 
inserting ‘‘means— 
‘‘(1) any radioactive’’; 
(2) by striking ‘‘material, and (2) the tailings’’ 
and inserting ‘‘material; 
‘‘(2) the tailings’’; and 
(3) by striking ‘‘content.’’ and inserting ‘‘con-
tent; 
‘‘(3)(A) any discrete source of radium that is 
produced, extracted, or converted after extraction, 
before, on, or after the date of enactment of this
paragraph for use in commercial, medical, or re-
search activity; or 
‘‘(B) any material that— 
‘‘(i) has been made radioactive by use of a 
particle accelerator; and 
‘‘(ii) is produced, extracted, or converted 
after extraction, before, on, or after the date of 
enactment of this paragraph for use in commer-
cial, medical, or research activity; and 
‘‘(4) any discrete source of naturally occurring 
radioactive material, other than source material, 
that— 
‘‘(A) has been removed from the natural 
environment and has been concentrated to lev-
els greater than that found in the natural envi-
ronment due to human activities; and 
‘‘(B) before, on, or after the date of enact-
ment of this paragraph, is extracted or con-
verted after extraction for use in commercial, 
medical, or research activity.’’. 
(b) AGREEMENTS.—Section 274 b. of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2021(b)) is amended— 
(1) by amending paragraph (1) to read as fol-
lows:
‘‘(1) byproduct materials (as defined in section 
11 e.);’’; 
(2) by striking paragraph (2); and 
(3) by redesignating paragraphs (3) and (4) as 
paragraphs (2) and (3), respectively. 
(c) REGULATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Nuclear Regu-
latory Commission, after consultation with States 
and other stakeholders, shall promulgate final regu-
lations as the Commission considers necessary to im-
plement this Act and the amendments made by this 
Act. Such regulations shall include a definition of 
the term ‘‘discrete’’ for purposes of paragraphs (3) 
and (4) of section 11 e. of the Atomic Energy Act 
of 1954 (as added by subsection (a)) that is de-
signed to ensure that byproduct material is con-
trolled in a manner consistent with other materials 
that pose the same threat to public health and safety 
and the common defense and security. 
(2) COOPERATION.—The Commission shall co-
operate with the States in formulating the regula-
tions under paragraph (1), and to the extent prac-
ticable shall use existing State consensus standards.
(3) TRANSITION.—To ensure an orderly transi-
tion of regulatory authority with respect to byprod-
uct material as defined in paragraphs (3) and (4) of 
section 11 e. of the Atomic Energy Act of 1954 (as 
added by subsection (a)), the regulations promul-
gated under paragraph (1) shall include a transition 
plan, developed in coordination with States, for— 
(A) States that have not, before such plan 
is issued, entered into an agreement with the 
Commission under section 274 b. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2021(b)); and 
(B) States that have entered into such an 
agreement with the Commission, including, in 
the case of a State that has entered into such 
an agreement and has certified that it has an 
existing State program for licensing of the by-
product material defined in paragraphs (3) and 
(4) of section 11 e. of the Atomic Energy Act 
of 1954 (as added by subsection (a)) that is 
adequate to protect public health and safety, 
provision for assumption by the State of regu-
latory responsibility for such byproduct material 
through an administrative process that— 
(i) provides interim provisional rec-
ognition of an existing State program for
licensing the byproduct material until 
adoption of an amended agreement under 
section 274 b.; and 
(ii) requires that the byproduct mate-
rial is included in the periodic reviews of 
the State programs for adequacy and com-
patibility required under section 274 j.(1). 
(4) 
AVAILABILITY
OF
RADIOPHARMA-
CEUTICALS.—In its promulgation of final rules 
under paragraph (1), the Commission shall consider 
the impact on the availability of radiopharma-
ceuticals to the physicians and patients whose med-
ical treatment relies on them. 
(d) WASTE DISPOSAL.— 
(1) IN GENERAL.—Section 81 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2111) is amended 
by adding at the end the following: ‘‘Byproduct ma-
terial may only be transferred to and disposed of in 
a disposal facility licensed by the Commission, if the 
disposal facility meets the licensing requirements of 
the Commission and is adequate to protect public 
health and safety, or a disposal facility licensed by 
a State that has entered into an agreement with the 
Commission under section 274 b., if the disposal fa-
cility meets requirements of the State that are com-
patible with the licensing requirements of the Com-
mission and is adequate to protect public health and 
safety.’’. 
(2) BYPRODUCT
MATERIAL
NOT
CONSIDERED 
LOW-LEVEL RADIOACTIVE WASTE.—Section 2(9) of 
the Low-Level Radioactive Waste Policy Act (42 
U.S.C. 2021b(9)) is amended by adding after sub-
paragraph (B) the following: 
‘‘Such term shall not include byproduct material as 
defined in paragraphs (3) and (4) of section 11 e. 
of the Atomic Energy Act of 1954.’’. 
(e) EFFECTIVE DATE.—Subsections (a), (b), and (d) 
shall take effect 1 year after the date of enactment of this 
Act. 
SEC. 4. RADIATION SOURCES CONTROLLED BY DEPART-
MENT OF ENERGY. 
(a) NUCLEAR FUEL.— 
(1) REPORT.—Not later than 6 months after 
the date of enactment of this Act, the Secretary of 
Energy shall transmit to Congress a report account-
ing for the location and status of all nuclear fuel 
that has been exported by the Federal Government. 
(2) REACQUISITION.— 
(A) IN GENERAL.—The Secretary of En-
ergy shall, to the maximum extent practicable,
reacquire nuclear fuel described in paragraph 
(1) for disposal, giving highest priority to nu-
clear fuel that is— 
(i) in a location that is not secure; or 
(ii) in a country that does not have 
sufficient resources to either properly dis-
pose of the nuclear fuel or return the nu-
clear fuel to the United States for disposal. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to the Secretary of Energy $50,000,000 
for each of the fiscal years 2006 through 2010 
for carrying out subparagraph (A). 
(b) RADIATION SOURCES AND SEALED SOURCES OF 
PLUTONIUM.— 
(1) REPORT.—Not later than 6 months after 
the date of enactment of this Act, the Secretary of 
Energy shall transmit to Congress a report account-
ing for the location and status of all radiation 
sources (as defined in section 170C(g) of the Atomic 
Energy Act of 1954, as added by section 1 of this 
Act) and sealed sources of plutonium weighing more 
than 1 gram that have been exported by the Federal 
Government. 
(2) REACQUISITION.—
(A) IN GENERAL.—The Secretary of En-
ergy shall, to the maximum extent practicable, 
reacquire radiation sources and sealed sources 
of plutonium described in paragraph (1) for dis-
posal that are— 
(i) in a location that is not secure; or 
(ii) in a country that does not have 
sufficient resources to either properly dis-
pose of the radiation sources and sealed 
sources of plutonium or return the radi-
ation sources and sealed sources of pluto-
nium to the United States for disposal. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to the Secretary of Energy $30,000,000 
for each of the fiscal years 2006 through 2010 
for carrying out subparagraph (A). 
Æ