§6156 — Title 10 Armed Forces | U.S. Code

Summary

The Administrator must eliminate all blood-irradiation machines that use cesium chloride in the United States by December 31, 2027. To do that, the Administrator will run voluntary programs for device owners. The United States can pay up to 50% of each replacement device’s cost (subject to the Administrator’s review) and up to 100% of the cost to remove and dispose of retired cesium sources. Replacements must be x‑ray irradiators or other FDA‑approved devices that lower the security risk. The programs run until December 31, 2027. Within 180 days after the enactment of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), the Administrator must report to Congress with an inventory of cesium devices (number, general location, user type), a plan and prioritization method (considering age and past security work), a joint strategy with the NRC and FDA to limit new cesium devices, the annual funds needed, and the disposal path for retired cesium. By September 20, 2023, the Administrator must report results, including number of replacements, life‑cycle costs (training, maintenance, replacement), cost‑effectiveness, technology performance, and whether the goal is likely to be met. Appropriate congressional committees: House — Appropriations; Armed Services; Energy and Commerce. Senate — Appropriations; Armed Services; Energy and Natural Resources; Health, Education, Labor, and Pensions. Covered programs: the Cesium Irradiator Replacement Program and the Off‑Site Source Recovery Program.

Title 10, §6156

Armed Forces — Source: USLM XML via OLRC

(a)The Administrator shall ensure that the goal of the covered programs is eliminating the use of blood irradiation devices in the United States that rely on cesium chloride by December 31, 2027.

(b)To meet the goal specified by subsection (a), the Administrator shall carry out the covered programs in a manner that—

(1)is voluntary for owners of blood irradiation devices;

(2)allows for the United States, subject to the review of the Administrator, to pay up to 50 percent of the per-device cost of replacing blood irradiation devices covered by the programs;

(3)allows for the United States to pay up to 100 percent of the cost of removing and disposing of cesium sources retired from service by the programs; and

(4)replaces such devices with x-ray irradiation devices or other devices approved by the Food and Drug Administration that provide significant threat reduction as compared to cesium chloride irradiators.

(c)The Administrator shall carry out the covered programs until December 31, 2027.

(d)Not later than 180 days after the date of the enactment of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), the Administrator shall submit to the appropriate congressional committees a report on the covered programs, including—

(1)identification of each cesium chloride blood irradiation device in the United States, including the number, general location, and user type;

(2)a plan for achieving the goal established by subsection (a);

(3)a methodology for prioritizing replacement of such devices that takes into account irradiator age and prior material security initiatives;

(4)in consultation with the Nuclear Regulatory Commission and the Food and Drug Administration, a strategy identifying any legislative, regulatory, or other measures necessary to constrain the introduction of new cesium chloride blood irradiation devices;

(5)identification of the annual funds required to meet the goal established by subsection (a); and

(6)a description of the disposal path for cesium chloride sources under the covered programs.

(e)The Administrator shall submit an assessment to the appropriate congressional committees by September 20, 2023, of the results of the actions on the covered programs under this section, including—

(1)the number of replacement irradiators under the covered programs;

(2)the life-cycle costs of the programs, including personnel training, maintenance, and replacement costs for new irradiation devices;

(3)the cost-effectiveness of the covered programs;

(4)an analysis of the effectiveness of the new irradiation devices’ technology; and

(5)a forecast of whether the Administrator will meet the goal established in subsection (a).

(f)In this section:

(1)The term “appropriate congressional committees” means—

(A)the Committee on Appropriations, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives; and

(B)the Committee on Appropriations, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate.

(2)The term “covered programs” means the following programs of the Office of Radiological Security of the National Nuclear Security Administration:

(A)The Cesium Irradiator Replacement Program.

(B)The Off-Site Source Recovery Program.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, referred to in subsec. (d), is the date of enactment of Pub. L. 115–232, which was approved Aug. 13, 2018.

Prior Provisions

A prior section 6156 was renumbered section 8267 of this title. Provisions similar to those in this section were contained in section 3141 of Pub. L. 115–232, which was set out as a note under section 2569 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(15).

Amendments

2025—Subsec. (f). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) and (2) headings which corresponded to the defined term in each par.

§6156 Acceleration of Replacement of Cesium Blood Irradiation Sources