Sec. 651. NUCLEAR FACILITY AND MATERIALS SECURITY

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## SEC. 651 NUCLEAR FACILITY AND MATERIALS SECURITY **[**[42 U.S.C. 16041](/us/usc/t42/s16041)**]** ###

(a)Security Evaluations; Design Basis Threat Rulemaking ####

(1)In general Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) (as amended by section 624(a)) is amended by adding at the end the following: > > ## “SEC. 170D SECURITY EVALUATIONS > > > ### “a Security Response Evaluations > > Not less often than once every 3 years, the Commission shall conduct security evaluations at each licensed facility that is part of a class of licensed facilities, as the Commission considers to be appropriate, to assess the ability of a private security force of a licensed facility to defend against any applicable design basis threat. > > > ### “b Force-on-Force Exercises > > > ####

(1)> > The security evaluations shall include force-on-force exercises. > > > #### “(2) > > The force-on-force exercises shall, to the maximum extent practicable, simulate security threats in accordance with any design basis threat applicable to a facility. > > > #### “(3) > > In conducting a security evaluation, the Commission shall mitigate any potential conflict of interest that could influence the results of a force-on-force exercise, as the Commission determines to be necessary and appropriate. > > > ### “c Action by Licensees > > The Commission shall ensure that an affected licensee corrects those material defects in performance that adversely affect the ability of a private security force at that facility to defend against any applicable design basis threat. > > > ### “d Facilities Under Heightened Threat Levels > > The Commission may suspend a security evaluation under this section if the Commission determines that the evaluation would compromise security at a nuclear facility under a heightened threat level. > > > ### “e Report > > Not less often than once each year, the Commission shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report, in classified form and unclassified form, that describes the results of each security response evaluation conducted and any relevant corrective action taken by a licensee during the previous year. > > > ## “SEC. 170E DESIGN BASIS THREAT RULEMAKING > > > ### “a Rulemaking > > The Commission shall— > > > #### “(1) > > not later than 90 days after the date of enactment of this section, initiate a rulemaking proceeding, including notice and opportunity for public comment, to be completed not later than 18 months after that date, to revise the design basis threats of the Commission; or > > > #### “(2) > > not later than 18 months after the date of enactment of this section, complete any ongoing rulemaking to revise the design basis threats. > > > ### “b Factors > > When conducting its rulemaking, the Commission shall consider the following, but not be limited to— > > > #### “(1) > > the events of September 11, 2001; > > > #### “(2) > > an assessment of physical, cyber, biochemical, and other terrorist threats; > > > #### “(3) > > the potential for attack on facilities by multiple coordinated teams of a large number of individuals; > > > #### “(4) > > the potential for assistance in an attack from several persons employed at the facility; > > > #### “(5) > > the potential for suicide attacks; > > > #### “(6) > > the potential for water-based and air-based threats; > > > #### “(7) > > the potential use of explosive devices of considerable size and other modern weaponry; > > > #### “(8) > > the potential for attacks by persons with a sophisticated knowledge of facility operations; > > > #### “(9) > > the potential for fires, especially fires of long duration; > > > #### “(10) > > the potential for attacks on spent fuel shipments by multiple coordinated teams of a large number of individuals; > > > #### “(11) > > the adequacy of planning to protect the public health and safety at and around nuclear facilities, as appropriate, in the event of a terrorist attack against a nuclear facility; and > > > #### “(12) > > the potential for theft and diversion of nuclear materials from such facilities.” > . ####

(2)Conforming amendment The table of sections of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) (as amended by section 624(b)) is amended by adding at the end of the items relating to chapter 14 the following:" “Sec. 170D. Security evaluations. “Sec. 170E. Design basis threat rulemaking.” ". ####

(3)Federal security coordinators #####

(A)Regional offices Not later than 18 months after the date of enactment of this Act, the Nuclear Regulatory Commission (referred to in this section as the “Commission”) shall assign a Federal security coordinator, under the employment of the Commission, to each region of the Commission. #####

(B)Responsibilities The Federal security coordinator shall be responsible for— ######

(i)communicating with the Commission and other Federal, State, and local authorities concerning threats, including threats against such classes of facilities as the Commission determines to be appropriate; ######

(ii)monitoring such classes of facilities as the Commission determines to be appropriate to ensure that they maintain security consistent with the security plan in accordance with the appropriate threat level; and ######

(iii)assisting in the coordination of security measures among the private security forces at such classes of facilities as the Commission determines to be appropriate and Federal, State, and local authorities, as appropriate. ###

(b)Backup Power for Certain Emergency Notification Systems For any licensed nuclear power plants located where there is a permanent population, as determined by the 2000 decennial census, in excess of 15,000,000 within a 50-mile radius of the power plant, not later than 18 months after enactment of this Act, the Commission shall require that backup power to be available for the emergency notification system of the power plant, including the emergency siren warning system, if the alternating current supply within the 10-mile emergency planning zone of the power plant is lost. ###

(c)Additional Provisions ####

(1)Provision of support to university nuclear safety, security, and environmental protection programs Section 31 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2051(b)) is amended— #####

(A)by striking “ b. The Commission is further authorized to make ” and inserting the following: > > ### “b Grants and Contributions > > The Commission is authorized— > > > #### “(1) > > to make” > ; #####

(B)in paragraph

(1)(as designated by subparagraph (A)) by striking the period at the end and inserting “; and”; and #####

(C)by adding at the end the following: > > #### “(2) > > to provide grants, loans, cooperative agreements, contracts, and equipment to institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) to support courses, studies, training, curricula, and disciplines pertaining to nuclear safety, security, or environmental protection, or any other field that the Commission determines to be critical to the regulatory mission of the Commission.” > . ####

(2)Recruitment tools Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) (as amended by subsection (a)(1)) is amended by adding at the end the following: > > ## “SEC. 170F RECRUITMENT TOOLS > > “The Commission may purchase promotional items of nominal value for use in the recruitment of individuals for employment.” > . ####

(3)Expenses authorized to be paid by the commission Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) (as amended by paragraph (2)) is amended by adding at the end the following: > > ## “SEC. 170G EXPENSES AUTHORIZED TO BE PAID BY THE COMMISSION > > “The Commission may— > > > #### “(1) > > pay transportation, lodging, and subsistence expenses of employees who— > > > ##### “(A) > > assist scientific, professional, administrative, or technical employees of the Commission; and > > > ##### “(B) > > are students in good standing at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) pursuing courses related to the field in which the students are employed by the Commission; and > > > #### “(2) > > pay the costs of health and medical services furnished, pursuant to an agreement between the Commission and the Department of State, to employees of the Commission and dependents of the employees serving in foreign countries.” > . ####

(4)Partnership program with institutions of higher education #####

(A)In general Chapter 19 of the Atomic Energy Act of 1954 (42 U.S.C. 2015 et seq.) (as amended by section 622(a)) is amended by inserting after section 243 the following: > > ## “SEC. 244 PARTNERSHIP PROGRAM WITH INSTITUTIONS OF HIGHER EDUCATION > > > ### “a Definitions > > In this section: > > > #### “(1) Hispanic-serving institution > > The term ‘**Hispanic-serving institution**’ has the meaning given the term in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)). > > > #### “(2) Historically black college and university > > The term ‘**historically Black college or university**’ has the meaning given the term ‘**part B institution**’ in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). > > > #### “(3) Tribal college > > The term ‘**Tribal college**’ has the meaning given the term ‘**tribally controlled college or university**’ in section 2(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)). > > > ### “b Partnership Program > > The Commission may establish and participate in activities relating to research, mentoring, instruction, and training with institutions of higher education, including Hispanic-serving institutions, historically Black colleges or universities, and Tribal colleges, to strengthen the capacity of the institutions— > > > #### “(1) > > to educate and train students (including present or potential employees of the Commission); and > > > #### “(2) > > to conduct research in the field of science, engineering, or law, or any other field that the Commission determines is important to the work of the Commission.” > . ####

(5)Conforming amendments The table of sections of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) (as amended by subsection (a)(2)) is amended— #####

(A)by adding at the end of the items relating to chapter 14 the following:" “Sec. 170F. Recruitment tools. “Sec. 170G. Expenses authorized to be paid by the Commission.” ";and #####

(B)by inserting after the item relating to section 243 the following:" “Sec. 244. Partnership program with institutions of higher education.” ". ###

(d)Radiation Source Protection ####

(1)Amendment Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) (as amended by subsection (c)(3)) is amended by adding at the end the following: > > ## “SEC. 170H RADIATION SOURCE PROTECTION > > > ### “a Definitions > > In this section: > > > #### “(1) Code of conduct > > 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. > > > #### “(2) Radiation source > > The term ‘**radiation source**’ means— > > > ##### “(A) > > a Category 1 Source or a Category 2 Source, as defined in the Code of Conduct; and > > > ##### “(B) > > 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. > > > ### “b Commission Approval > > Not later than 180 days after the date of enactment of this section, the Commission shall issue regulations prohibiting a person from— > > > #### “(1) > > exporting a radiation source, unless the Commission has specifically determined under section 57 or 82, consistent with the Code of Conduct, with respect to the exportation, that— > > > ##### “(A) > > the recipient of the radiation source may receive and possess the radiation source under the laws and regulations of the country of the recipient; > > > ##### “(B) > > 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 > > > ##### “(C) > > before the date on which the radiation source is shipped— > > > ###### “(i) > > a notification has been provided to the recipient country; and > > > ###### “(ii) > > a notification has been received from the recipient country; > > as the Commission determines to be appropriate; > > > #### “(2) > > importing a radiation source, unless the Commission has determined, with respect to the importation, that— > > > ##### “(A) > > the proposed recipient is authorized by law to receive the radiation source; and > > > ##### “(B) > > the shipment will be made in accordance with any applicable Federal or State law or regulation; and > > > #### “(3) > > selling or otherwise transferring ownership of a radiation source, unless the Commission— > > > ##### “(A) > > has determined that the licensee has verified that the proposed recipient is authorized under law to receive the radiation source; and > > > ##### “(B) > > has required that the transfer shall be made in accordance with any applicable Federal or State law or regulation. > > > ### “c Tracking System > > > ####

(1)> > > #####

(A)> > Not later than 1 year after the date of enactment of this section, the Commission shall issue regulations establishing a mandatory tracking system for radiation sources in the United States. > > > ##### “(B) > > 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. > > > #### “(2) > > The tracking system under paragraph

(1)shall— > > > ##### “(A) > > enable the identification of each radiation source by serial number or other unique identifier; > > > ##### “(B) > > require reporting within 7 days of any change of possession of a radiation source; > > > ##### “(C) > > require reporting within 24 hours of any loss of control of, or accountability for, a radiation source; and > > > ##### “(D) > > provide for reporting under subparagraphs

(B)and

(C)through a secure Internet connection. > > > ### “d Penalty > > A violation of a regulation issued under subsection a. or b. shall be punishable by a civil penalty not to exceed $1,000,000. > > > ### “e National Academy of Sciences Study > > > ####

(1)> > Not later than 60 days after the date of enactment of this section, 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. > > > #### “(2) > > The study under paragraph

(1)shall include a review of uses of radiation sources in existence on the date on which the study is conducted, including an identification of any industrial or other process that— > > > ##### “(A) > > 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 > > > ##### “(B) > > 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. > > > #### “(3) > > Not later than 2 years after the date of enactment of this section, the Commission shall submit to Congress the results of the study under paragraph (1). > > > ### “f Task Force on Radiation Source Protection and Security > > > ####

(1)> > There is established a task force on radiation source protection and security (referred to in this section as the ‘task force’). > > > #### “(2) > > > #####

(A)> > The chairperson of the task force shall be the Chairperson of the Commission (or a designee). > > > ##### “(B) > > The membership of the task force shall consist of the following: > > > ###### “(i) > > The Secretary of Homeland Security (or a designee). > > > ###### “(ii) > > The Secretary of Defense (or a designee). > > > ###### “(iii) > > The Secretary of Energy (or a designee). > > > ###### “(iv) > > The Secretary of Transportation (or a designee). > > > ###### “(v) > > The Attorney General (or a designee). > > > ###### “(vi) > > The Secretary of State (or a designee). > > > ###### “(vii) > > The Director of National Intelligence (or a designee). > > > ###### “(viii) > > The Director of the Central Intelligence Agency (or a designee). > > > ###### “(ix) > > The Director of the Federal Emergency Management Agency (or a designee). > > > ###### “(x) > > The Director of the Federal Bureau of Investigation (or a designee). > > > ###### “(xi) > > The Administrator of the Environmental Protection Agency (or a designee). > > > #### “(3) > > > #####

(A)> > 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. > > > ##### “(B) > > Not later than 1 year after the date of enactment of this section, and not less than once every 4 years thereafter, the task force shall submit to Congress and the President a report, in unclassified form with a classified annex if necessary, providing recommendations, including recommendations for appropriate regulatory and legislative changes, for— > > > ###### “(i) > > a list of additional radiation sources that should be required to be secured under this Act, based on the potential attractiveness of the sources to terrorists and the extent of the threat to public health and safety of the sources, taking into consideration— > > > ###### “(I) > > radiation source radioactivity levels; > > > ###### “(II) > > radioactive half-life of a radiation source; > > > ###### “(III) > > dispersability; > > > ###### “(IV) > > chemical and material form; > > > ###### “(V) > > for radioactive materials with a medical use, the availability of the sources to physicians and patients for medical treatment; and > > > ###### “(VI) > > any other factor that the Chairperson of the Commission determines to be appropriate; > > > ###### “(ii) > > the establishment of, or modifications to, a national system for recovery of lost or stolen radiation sources; > > > ###### “(iii) > > 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; > > > ###### “(iv) > > modifications to the national tracking system for radiation sources; > > > ###### “(v) > > 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 Act; > > > ###### “(vi) > > 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; > > > ###### “(vii) > > > ######

(I)> > 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 > > > ###### “(II) > > the establishment of appropriate regulations and incentives for the replacement of the devices and processes described in subclause (I)— > > > ###### “(aa) > > with alternative technologies in order to reduce the number of radiation sources in the United States; or > > > ###### “(bb) > > 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 > > > ###### “(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 the date of enactment of this paragraph for use for a commercial, 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 extraction, 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 Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate Federal agency, determines 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., 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 redesignated 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 requirements 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 prepare and publish a transition plan for— ######

(I)States that have not, before the date on which the plan is published, 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 ######

(II)States that have entered into an agreement 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 paragraph (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 ending after the date that is 1 year after the date of enactment of this Act; or ######

(III)any other matter for a period ending after the date that is 4 years after the date of enactment of this Act. ######

(ii)Waivers to states The Commission shall terminate any waiver granted to a State under subparagraph

(A)if the Commission determines that— ######

(I)the State has entered into an agreement with the Commission under section 274 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)); ######

(II)the agreement described in subclause

(I)covers byproduct material (as described in paragraph

(3)or

(4)of section 11 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) (as amended by paragraph (1))); and ######

(III)the program of the State for licensing such byproduct material is adequate to protect the public health and safety. #####

(C)Publication The Commission shall publish in the Federal Register a notice of any waiver granted under this subsection.

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Sec. 651

NUCLEAR FACILITY AND MATERIALS SECURITY

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