42 U.S.C. § 16041: Nuclear facility and materials security

Not later than 18 months after August 8, 2005 , the Nuclear Regulatory Commission (referred to in this section as the “Commission”) shall assign a Federal security coordinator, under the employment of the Commission, to each region of the Commission. 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; 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 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. For any licensed nuclear power plants located where there is a permanent population, as determined by the 2000 decennial census, in excess of 15,000,000 within a 50-mile radius of the power plant, not later than 18 months after August 8, 2005 , the Commission shall require that backup power to be available for the emergency notification system of the power plant, including the emergency siren warning system, if the alternating current supply within the 10-mile emergency planning zone of the power plant is lost. Not later than 18 months after August 8, 2005 , the Commission, after consultation with States and other stakeholders, shall issue final regulations establishing such requirements as the Commission determines to be necessary to carry out this section and the amendments made by this section. The regulations shall include a definition of the term “discrete source” for purposes of paragraphs (3) and (4) of section 2014(e) of this title . cooperate with States; and use model State standards in existence on August 8, 2005 . In this paragraph, the term “byproduct material” has the meaning given the term in paragraphs (3) and (4) of section 2014(e) of this title . 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 States that have entered into an agreement with the Commission under that section before the date on which the plan is published. a description of the conditions under which a State may exercise authority over byproduct material; and 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 the State intends to continue to implement the regulatory responsibility of the State with respect to the byproduct material. physicians; and patients the medical treatment of which relies on radiopharmaceuticals. Except as provided in subparagraph (B), the Commission may grant a waiver to any entity of any requirement under this section or an amendment made by this section with respect to a matter relating to byproduct material (as defined in paragraphs (3) and (4) of section 2014(e) of this title ) if the Commission determines that the waiver is in accordance with the protection of the public health and safety and the promotion of the common defense and security. any requirement under the amendments made by subsection (c)(1); 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 any other matter for a period ending after the date that is 4 years after August 8, 2005 . the State has entered into an agreement with the Commission under section 2021(b) of this title ; the agreement described in subclause (I) covers byproduct material (as described in paragraph (3) or (4) of section 2014(e) of this title ); and the program of the State for licensing such byproduct material is adequate to protect the public health and safety. The Commission shall publish in the Federal Register a notice of any waiver granted under this subsection.