[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2763 Introduced in Senate (IS)]







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.

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

SECTION 1. TREATMENT OF ACCELERATOR-PRODUCED AND OTHER RADIOACTIVE 
              MATERIAL AS BYPRODUCT MATERIAL.

    (a) Definition of Byproduct Material.--Section 11e. 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 ``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 in 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 in a commercial, medical, or 
                research activity; and
            ``(4) any discrete source of naturally occurring 
        radioactive material, other than source material that--
                    ``(A) the Nuclear Regulatory Commission determines 
                (after 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), would 
                pose a threat similar to that 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.''.
    (b) Agreements.--Section 274b. of the Atomic Energy Act of 1954 (42 
U.S.C. 2021(b)) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (5) and (6), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) byproduct materials (as defined in section 11e.(3));
            ``(4) byproduct materials (as defined in section 
        11e.(4));''.
    (c) Regulations.--
            (1) In general.--Not later than the effective date of this 
        section, the Nuclear Regulatory Commission shall promulgate 
        final regulations establishing such requirements and standards 
        as the Commission considers necessary for the acquisition, 
        possession, transfer, use, or disposal of byproduct material 
        (as defined in paragraphs (3) and (4) of section 11e. of the 
        Atomic Energy Act of 1954 (as added by subsection (a))).
            (2) Cooperation.--The Commission shall cooperate with the 
        States in formulating the regulations under paragraph (1).
            (3) Transition.--To ensure an orderly transition of 
        regulatory authority with respect to byproduct material as 
        defined in paragraphs (3) and (4) of section 11e. of the Atomic 
        Energy Act of 1954 (as added by subsection (a)), not later than 
        180 days before the effective date of this section, the Nuclear 
        Regulatory Commission shall prepare and provide public notice 
        of a transition plan developed in coordination with States 
        that--
                    (A) have not, before the effective date of this 
                section, entered into an agreement with the Commission 
                under section 274b. of the Atomic Energy Act of 1954 
                (42 U.S.C. 2021(b)); or
                    (B) in the case of a State that has entered into 
                such an agreement, has not, before the effective date 
                of this section, applied for an amendment to the 
                agreement that would permit assumption by the State of 
                regulatory responsibility for such byproduct material.
    (d) Effective Date.--Except with respect to matters that the 
Nuclear Regulatory Commission determines are required to be addressed 
earlier to protect the public health and safety or to promote the 
common defense and security, the amendments made by this section take 
effect on the date that is 1 year after the date of enactment of this 
Act.
                                 <all>