Collapse to view only § 16041. Nuclear facility and materials security
- § 16041. Nuclear facility and materials security
- § 16042. Department of Homeland Security consultation
§ 16041. Nuclear facility and materials security
(a) In general
(1), (2) Omitted
(3) Federal security coordinators
(A) Regional offices
(B) ResponsibilitiesThe 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
(c), (d) Omitted
(e) Final regulations; waivers
(1) to (3) Omitted
(4) Final regulations
(A) Regulations
(i) In general
(ii) Inclusions
(B) CooperationIn promulgating regulations under paragraph (1),1
1 So in original. Probably should be “subparagraph (A),”.
the Commission shall, to the maximum extent practicable—(i) cooperate with States; and
(ii) use model State standards in existence on August 8, 2005.
(C) Transition plan
(i) Definition of byproduct material
(ii) Preparation and publicationTo 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 2021(b) of this title; 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) InclusionsThe 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 2014(e) of this title, entered into between the Commission and a State under section 2021(b) of this title 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 2014(e) of this title, 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 2014(e) of this title, 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 radiopharmaceuticalsIn 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
(B) Exceptions
(i) In generalThe 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 August 8, 2005; or(III) any other matter for a period ending after the date that is 4 years after August 8, 2005.
(ii) Waivers to StatesThe 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 2021(b) of this title;(II) the agreement described in subclause (I) covers byproduct material (as described in paragraph (3) or (4) of section 2014(e) of this title); and(III) the program of the State for licensing such byproduct material is adequate to protect the public health and safety.
(C) Publication
(Pub. L. 109–58, title VI, § 651, Aug. 8, 2005, 119 Stat. 799.)
§ 16042. Department of Homeland Security consultation
Before issuing a license for a utilization facility, the Nuclear Regulatory Commission shall consult with the Department of Homeland Security concerning the potential vulnerabilities of the location of the proposed facility to terrorist attack.
(Pub. L. 109–58, title VI, § 657, Aug. 8, 2005, 119 Stat. 814.)