42 U.S.C. § 2210i — Secure transfer of nuclear materials

Page 5518 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2210i (V) requirements for effective and timely exchanges of information relating to the re- sults of criminal and security background checks between the Commission and any State with which the Commission has en- tered into an agreement under section 2021(b) of this title; (VI) assurances of the physical security of facilities that contain radiation sources (in- cluding facilities used to temporarily store radiation sources being transported); and (VII) the screening of shipments to facili- ties 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 accord- ance with the recommendations of the task force, shall— (1) take any action the Commission deter- mines to be appropriate, including revising the system of the Commission for licensing radi- ation sources; and (2) ensure that States that have entered into agreements with the Commission under sec- tion 2021(b) of this title take similar action in a timely manner. (Aug. 1, 1946, ch. 724, title I, § 170H, as added Pub. L. 109–58, title VI, § 651(d)(1), Aug. 8, 2005, 119 Stat. 802; amended Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (f)(3)(B)(i), (v), was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Administrator of the Federal Emergency Manage- ment Agency’’ substituted for ‘‘Director of the Federal Emergency Management Agency’’ in subsec. (f)(2)(B)(ix) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6. § 2210i. Secure transfer of nuclear materials (a) The Commission shall establish a system to ensure that materials described in subsection (b), when transferred or received in the United States by any party pursuant to an import or export license issued pursuant to this chapter, are accompanied by a manifest describing the type and amount of materials being transferred or received. Each individual receiving or accom- panying the transfer of such materials shall be subject to a security background check con- ducted by appropriate Federal entities. (b) Except as otherwise provided by the Com- mission by regulation, the materials referred to in subsection (a) are byproduct materials, source materials, special nuclear materials, high-level radioactive waste, spent nuclear fuel, transuranic waste, and low-level radioactive waste (as defined in section 10101(16) of this title). (Aug. 1, 1946, ch. 724, title I, § 170I, as added Pub. L. 109–58, title VI, § 656(a), Aug. 8, 2005, 119 Stat. 813.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 109–58, title VI, § 656(c), Aug. 8, 2005, 119 Stat. 814, provided that: ‘‘The amendment made by sub- section (a) [enacting this section] shall take effect upon the issuance of regulations under subsection (b) [set out below], except that the background check re- quirement shall become effective on a date established by the Commission.’’ [For issuance of regulations effec- tive Feb. 23, 2007, see 72 F.R. 3025.] REGULATIONS Pub. L. 109–58, title VI, § 656(b), Aug. 8, 2005, 119 Stat. 814, provided that: ‘‘Not later than 1 year after the date of the enactment of this Act [Aug. 8, 2005], and from time to time thereafter as it considers necessary, the Nuclear Regulatory Commission shall issue regulations identifying radioactive materials or classes of individ- uals that, consistent with the protection of public health and safety and the common defense and secu- rity, are appropriate exceptions to the requirements of section 170D [probably means 170I] of the Atomic En- ergy Act of 1954 [42 U.S.C. 2210i], as added by subsection (a) of this section.’’ EFFECT ON OTHER LAW Pub. L. 109–58, title VI, § 656(d), Aug. 8, 2005, 119 Stat. 814, provided that: ‘‘Nothing in this section [enacting this section and provisions set out as notes under this section] or the amendment made by this section shall waive, modify, or affect the application of chapter 51 of title 49, United States Code, part A of subtitle V of title 49, United States Code, part B of subtitle VI of title 49, United States Code, and title 23, United States Code.’’ § 2211. Payment of claims or judgments for dam- age resulting from nuclear incident involving nuclear reactor of United States warship; ex- ception; terms and conditions It is the policy of the United States that it will pay claims or judgments for bodily injury, death, or damage to or loss of real or personal property proven to have resulted from a nuclear incident involving the nuclear reactor of a United States warship: Provided, That the in- jury, death, damage, or loss was not caused by the act of an armed force engaged in combat or