---
kind: "section"
citation: "42 U.S.C. § 16041"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16041"
heading: "Nuclear facility and materials security"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16041"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter VI — Nuclear Matters"
  - "Part C — Nuclear Security"
---

# §16041. Nuclear facility and materials security

- (a) **In general—**
  - (1) **, (2) Omitted—**
  - (3) **Federal security coordinators—**
    - (A) **Regional offices—** Not later than 18 months after August 8, 2005, the Nuclear Regulatory [Commission](/usc/42/16451.md?p=3) (referred to in this section as the “[Commission](/usc/42/16451.md?p=3)”) shall assign a Federal security coordinator, under the employment of the [Commission](/usc/42/16451.md?p=3), to each region of the [Commission](/usc/42/16451.md?p=3).
    - (B) **Responsibilities—** The Federal security coordinator shall be responsible for—
      - (i) communicating with the [Commission](/usc/42/16451.md?p=3) and other Federal, [State](/usc/42/15951.md?p=b-2), and local authorities concerning threats, including threats against such classes of facilities as the [Commission](/usc/42/16451.md?p=3) determines to be appropriate;
      - (ii) monitoring such classes of facilities as the [Commission](/usc/42/16451.md?p=3) 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](/usc/42/16451.md?p=3) determines to be appropriate and Federal, [State](/usc/42/15951.md?p=b-2), and local authorities, as appropriate.
- (b) **Backup power for certain emergency notification systems—** 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](/usc/42/16451.md?p=3) 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.
- (c) **, (d) Omitted—**
- (e) **Final regulations; waivers—**
  - (1) **to (3) Omitted—**
  - (4) **Final regulations—**
    - (A) **Regulations—**
      - (i) **In general—** Not later than 18 months after August 8, 2005, the [Commission](/usc/42/16451.md?p=3), after consultation with [States](/usc/42/15951.md?p=b-2) and other stakeholders, shall issue final regulations establishing such requirements as the [Commission](/usc/42/16451.md?p=3) determines to be necessary to carry out this section and the amendments made by this section.
      - (ii) **Inclusions—** 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](/usc/42/2014.md?p=e).
    - (B) **Cooperation—** In promulgating regulations under [paragraph (1)](#e-1),[^1] the [Commission](/usc/42/16451.md?p=3) shall, to the maximum extent practicable—
      - (i) cooperate with [States](/usc/42/15951.md?p=b-2); and
      - (ii) use model [State](/usc/42/15951.md?p=b-2) standards in existence on August 8, 2005.
    - (C) **Transition plan—**
      - (i) **Definition of byproduct material—** 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](/usc/42/2014.md?p=e).
      - (ii) **Preparation and publication—** To facilitate an orderly transition of regulatory authority with respect to byproduct material, the [Commission](/usc/42/16451.md?p=3), in issuing regulations under [subparagraph (A)](#e-4-A), shall prepare and publish a transition plan for—
        - (I) [States](/usc/42/15951.md?p=b-2) that have not, before the date on which the plan is published, entered into an agreement with the [Commission](/usc/42/16451.md?p=3) under [section 2021(b) of this title](/usc/42/2021.md?p=b); and
        - (II) [States](/usc/42/15951.md?p=b-2) that have entered into an agreement with the [Commission](/usc/42/16451.md?p=3) under that section before the date on which the plan is published.
      - (iii) **Inclusions—** The transition plan under [clause (ii)](#e-4-C-ii) shall include—
        - (I) a description of the conditions under which a [State](/usc/42/15951.md?p=b-2) may exercise authority over byproduct material; and
        - (II) a statement of the [Commission](/usc/42/16451.md?p=3) that any agreement covering byproduct material, as defined in paragraph (1) or (2) of [section 2014(e) of this title](/usc/42/2014.md?p=e), entered into between the [Commission](/usc/42/16451.md?p=3) and a [State](/usc/42/15951.md?p=b-2) under [section 2021(b) of this title](/usc/42/2021.md?p=b) 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](/usc/42/2014.md?p=e), if the Governor of the [State](/usc/42/15951.md?p=b-2) certifies to the [Commission](/usc/42/16451.md?p=3) on the date of publication of the transition plan that—
          - (aa) the [State](/usc/42/15951.md?p=b-2) has a program for licensing byproduct material, as defined in paragraph (3) or (4) of [section 2014(e) of this title](/usc/42/2014.md?p=e), that is adequate to protect the public health and safety, as determined by the [Commission](/usc/42/16451.md?p=3); and
          - (bb) the [State](/usc/42/15951.md?p=b-2) intends to continue to implement the regulatory responsibility of the [State](/usc/42/15951.md?p=b-2) with respect to the byproduct material.
    - (D) **Availability of radiopharmaceuticals—** In promulgating regulations under [subparagraph (A)](#e-4-A), the [Commission](/usc/42/16451.md?p=3) shall consider the impact on the availability of radiopharmaceuticals to—
      - (i) physicians; and
      - (ii) patients the medical [treatment](/usc/42/11851.md?p=11) of which relies on radiopharmaceuticals.
  - (5) **Waivers—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#e-5-B), the [Commission](/usc/42/16451.md?p=3) 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](/usc/42/2014.md?p=e)) if the [Commission](/usc/42/16451.md?p=3) 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.
    - (B) **Exceptions—**
      - (i) **In general—** The [Commission](/usc/42/16451.md?p=3) may not grant a waiver under [subparagraph (A)](#e-5-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 States—** The [Commission](/usc/42/16451.md?p=3) shall terminate any waiver granted to a [State](/usc/42/15951.md?p=b-2) under [subparagraph (A)](#e-5-A) if the [Commission](/usc/42/16451.md?p=3) determines that—
        - (I) the [State](/usc/42/15951.md?p=b-2) has entered into an agreement with the [Commission](/usc/42/16451.md?p=3) under [section 2021(b) of this title](/usc/42/2021.md?p=b);
        - (II) the agreement described in [subclause (I)](#e-5-B-ii-I) covers byproduct material (as described in paragraph (3) or (4) of [section 2014(e) of this title](/usc/42/2014.md?p=e)); and
        - (III) the program of the [State](/usc/42/15951.md?p=b-2) for licensing such byproduct material is adequate to protect the public health and safety.
    - (C) **Publication—** The [Commission](/usc/42/16451.md?p=3) shall publish in the Federal Register a notice of any waiver granted under this subsection.

## Footnotes

[^1]: So in original. Probably should be “subparagraph (A),”.

## Source credit

(Pub. L. 109–58, title VI, § 651, Aug. 8, 2005, 119 Stat. 799.)

## Notes

### Editorial Notes

### References in Text

For references to “the amendments made by this section”, “an amendment made by this section”, and “the amendments made by subsection (c)(1)”, appearing in subsecs. (e)(4)(A)(i), (e)(5)(A), and (e)(5)(B)(i)(I), respectively, see Codification note below.

### Codification

Section is comprised of section 651 of Pub. L. 109–58. Subsec. (a)(1), (2) of section 651 of Pub. L. 109–58 enacted sections 2210d and 2210e of this title, subsec. (c)(1) of section 651 of Pub. L. 109–58 amended section 2051 of this title, subsecs. (c)(2) to (5) and (d) of section 651 of Pub. L. 109–58 enacted sections 2210f to 2210h and 2015c of this title, and subsec. (e)(1) to (3) of section 651 of Pub. L. 109–58 amended sections 2014, 2021, 2021b, and 2111 of this title.