Page:United States Statutes at Large Volume 119.djvu/823

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[119 STAT. 805]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 805]

PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 805

‘‘(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

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