H. R. 6—213
‘‘(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 regu-
lations relating to security and safety measures applicable 
to licensees that possess radiation sources; 
‘‘(IV) criminal and security background checks for cer-
tain 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 secu-
rity 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 sabo-
tage 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 rec-
ommendations 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 RADIO-
ACTIVE 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
H. R. 6—214
the date of enactment of this paragraph for use for a commer-
cial, medical, or research 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 extrac-
tion, before, on, or after the date of enactment of this 
paragraph for use for a commercial, medical, or research 
activity; and 
‘‘(4) any discrete source of naturally occurring radioactive 
material, other than source material, that— 
‘‘(A) the Commission, in consultation with the Adminis-
trator of the Environmental Protection Agency, the Sec-
retary of Energy, the Secretary of Homeland Security, and 
the head of any other appropriate Federal agency, deter-
mines would pose a threat similar to the threat posed 
by a discrete source of radium-226 to the public health 
and safety or the common defense and security; and 
‘‘(B) before, on, or after the date of enactment of this 
paragraph is extracted or converted after extraction for 
use in a commercial, medical, or research activity.’’. 
(2) AGREEMENTS WITH GOVERNORS.—Section 274 b. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2021(b)) is amended 
by striking ‘‘State—’’ and all that follows through paragraph 
(4) and inserting the following: ‘‘State: 
‘‘(1) Byproduct materials (as defined in section 11 e.). 
‘‘(2) Source materials. 
‘‘(3) Special nuclear materials in quantities not sufficient 
to form a critical mass.’’. 
(3) WASTE DISPOSAL.— 
(A) DOMESTIC DISTRIBUTION.—Section 81 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2111) is amended— 
(i) by striking ‘‘No person may’’ and inserting the 
following: 
‘‘a. IN GENERAL.—No person may’’. 
(ii) by adding at the end the following: 
‘‘b. REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
byproduct material, as defined in paragraphs (3) and (4) of 
section 11 e., may only be transferred to and disposed of in 
a disposal facility that— 
‘‘(A) is adequate to protect public health and safety; 
and 
‘‘(B)(i) is licensed by the Commission; or 
‘‘(ii) is licensed by a State that has entered into an 
agreement with the Commission under section 274 b., if 
the licensing requirements of the State are compatible with 
the licensing requirements of the Commission. 
‘‘(2) EFFECT OF SUBSECTION.—Nothing in this subsection 
affects the authority of any entity to dispose of byproduct 
material, as defined in paragraphs (3) and (4) of section 11 
e., at a disposal facility in accordance with any Federal or 
State solid or hazardous waste law, including the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.). 
‘‘c. TREATMENT AS LOW-LEVEL RADIOACTIVE WASTE.—Byproduct 
material, as defined in paragraphs (3) and (4) of section 11 e.,
H. R. 6—215
disposed of under this section shall not be considered to be low-
level radioactive waste for the purposes of— 
‘‘(1) section 2 of the Low-Level Radioactive Waste Policy 
Act (42 U.S.C. 2021b); or 
‘‘(2) carrying out a compact that is— 
‘‘(A) entered into in accordance with that Act (42 U.S.C. 
2021b et seq.); and 
‘‘(B) approved by Congress.’’. 
(B) DEFINITION OF LOW-LEVEL RADIOACTIVE WASTE.—
Section 2(9) of the Low-Level Radioactive Waste Policy 
Act (42 U.S.C. 2021b(9)) is amended— 
(i) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively, and indenting the 
clauses appropriately; 
(ii) in the matter preceding clause (i) (as redesig-
nated by subparagraph (A)) by striking ‘‘The term’’ 
and inserting the following: 
‘‘(A) IN GENERAL.—The term’’; and 
(iii) by adding at the end the following: 
‘‘(B) EXCLUSION.—The term ‘low-level radioactive 
waste’ does not include byproduct material (as defined in 
paragraphs (3) and (4) of section 11 e. of the Atomic Energy 
Act of 1954 (42 U.S.C. 2014(e)).’’. 
(4) FINAL REGULATIONS.— 
(A) REGULATIONS.— 
(i) IN GENERAL.—Not later than 18 months after 
the date of enactment of this Act, the Commission, 
after consultation with States and other stakeholders, 
shall issue final regulations establishing such require-
ments as the Commission determines to be necessary 
to carry out this section and the amendments made 
by this section. 
(ii) INCLUSIONS.—The regulations shall include a 
definition of the term ‘‘discrete source’’ for purposes 
of paragraphs (3) and (4) of section 11 e. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(e)) (as amended 
by paragraph (1)). 
(B) COOPERATION.—In promulgating regulations under 
paragraph (1), the Commission shall, to the maximum 
extent practicable— 
(i) cooperate with States; and 
(ii) use model State standards in existence on the 
date of enactment of this Act. 
(C) TRANSITION PLAN.— 
(i) DEFINITION OF BYPRODUCT MATERIAL.—In this 
paragraph, the term ‘‘byproduct material’’ has the 
meaning given the term in paragraphs (3) and (4) 
of section 11 e. of the Atomic Energy Act of 1954 
(42 U.S.C. 2014(e)) (as amended by paragraph (1)). 
(ii) PREPARATION AND PUBLICATION.—To facilitate 
an orderly transition of regulatory authority with 
respect to byproduct material, the Commission, in 
issuing regulations under subparagraph (A), shall pre-
pare and publish a transition plan for— 
(I) States that have not, before the date on 
which the plan is published, entered into an agree-
ment with the Commission under section 274 b.
H. R. 6—216
of the Atomic Energy Act of 1954 (42 U.S.C. 
2021(b)); and 
(II) States that have entered into an agree-
ment with the Commission under that section 
before the date on which the plan is published. 
(iii) INCLUSIONS.—The transition plan under clause 
(ii) shall include— 
(I) a description of the conditions under which 
a State may exercise authority over byproduct 
material; and 
(II) a statement of the Commission that any 
agreement covering byproduct material, as defined 
in paragraph (1) or (2) of section 11e. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(e)), entered 
into between the Commission and a State under 
section 274 b. of that Act (42 U.S.C. 2021(b)) before 
the date of publication of the transition plan shall 
be considered to include byproduct material, as 
defined in paragraph (3) or (4) of section 11e. of 
that Act (42 U.S.C. 2014(e)) (as amended by para-
graph (1)), if the Governor of the State certifies 
to the Commission on the date of publication of 
the transition plan that— 
(aa) the State has a program for licensing 
byproduct material, as defined in paragraph 
(3) or (4) of section 11e. of the Atomic Energy 
Act of 1954, that is adequate to protect the 
public health and safety, as determined by 
the Commission; and 
(bb) the State intends to continue to 
implement the regulatory responsibility of the 
State with respect to the byproduct material. 
(D) 
AVAILABILITY
OF
RADIOPHARMACEUTICALS.—In 
promulgating regulations under subparagraph (A), the 
Commission shall consider the impact on the availability 
of radiopharmaceuticals to— 
(i) physicians; and 
(ii) patients the medical treatment of which relies 
on radiopharmaceuticals. 
(5) WAIVERS.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), the Commission may grant a waiver to any entity 
of any requirement under this section or an amendment 
made by this section with respect to a matter relating 
to byproduct material (as defined in paragraphs (3) and 
(4) of section 11 e. of the Atomic Energy Act of 1954 
(42 U.S.C. 2014(e)) (as amended by paragraph (1))) if the 
Commission determines that the waiver is in accordance 
with the protection of the public health and safety and 
the promotion of the common defense and security. 
(B) EXCEPTIONS.— 
(i) IN GENERAL.—The Commission may not grant 
a waiver under subparagraph (A) with respect to— 
(I) any requirement under the amendments 
made by subsection (c)(1); 
(II) a matter relating to an importation into, 
or exportation from, the United States for a period