42 U.S.C. § 2211 — Payment of claims or judgments for dam-

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 Page 5519 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2215 as a result of civil insurrection. The President may authorize, under such terms and conditions as he may direct, the payment of such claims or judgments from any contingency funds available to the Government or may certify such claims or judgments to the Congress for appropriation of the necessary funds. (Pub. L. 93–513, Dec. 6, 1974, 88 Stat. 1611.) Editorial Notes CODIFICATION Section was not enacted as part of the Atomic En- ergy Act of 1954 which comprises this chapter. Executive Documents EX. ORD. NO. 11918. COMPENSATION FOR DAMAGES IN- VOLVING NUCLEAR REACTORS OF UNITED STATES WAR- SHIPS Ex. Ord. No. 11918, eff. June 1, 1976, 41 F.R. 22329, pro- vided: By virtue of the authority vested in me by the joint resolution approved December 6, 1974 (Public Law 93–513, 88 Stat. 1610, 42 U.S.C. 2211), and by section 301 of title 3 of the United States Code, and as President of the United States of America, in order that prompt, adequate and effective compensation will be provided in the unlikely event of injury or damage resulting from a nuclear incident involving the nuclear reactor of a United States warship, it is hereby ordered as fol- lows: SECTION 1. (a) With respect to the administrative set- tlement of 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 involv- ing the nuclear reactor of a United States warship, the Secretary of Defense is designated and empowered to authorize, in accord with Public Law 93–513 [this sec- tion], the payment, under such terms and conditions as he may direct, of such claims and judgments from con- tingency funds available to the Department of Defense. (b) The Secretary of Defense shall, when he considers such action appropriate, certify claims or judgments described in subsection (a) and transmit to the Director of the Office of Management and Budget his rec- ommendation with respect to appropriation by the Con- gress of such additional sums as may be necessary. SEC. 2. The provisions of section 1 shall not be deemed to replace, alter, or diminish, the statutory and other functions vested in the Attorney General, or the head of any other agency, with respect to litigation against the United States and judgments and com- promise settlements arising therefrom. SEC. 3. The functions herein delegated shall be exer- cised in consultation with the Secretary of State in the case of any incident giving rise to a claim of a foreign country or national thereof, and international negotia- tions relating to Public Law 93–513 [this section], shall be performed by or under the authority of the Sec- retary of State. GERALD R. FORD. § 2212. Transferred Editorial Notes CODIFICATION Section, Pub. L. 101–510, div. C, title XXXI, § 3141, Nov. 5, 1990, 104 Stat. 1837, which related to contractor liability for injury or loss of property arising out of atomic weapons testing programs, was renumbered sec- tion 4803 of Pub. L. 107–314, the Bob Stump National De- fense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(4)(A)–(C), Nov. 24, 2003, 117 Stat. 1783, and transferred to section 2783 of Title 50, War and National Defense. PRIOR PROVISIONS A prior section 2212, Pub. L. 98–525, title XVI, § 1631, Oct. 19, 1984, 98 Stat. 2646, related to contractor liabil- ity for injury or loss of property arising out of atomic weapons testing programs, prior to repeal by Pub. L. 101–426, § 13, as added Pub. L. 101–510, div. C, title XXXI, § 3140, Nov. 5, 1990, 104 Stat. 1837. § 2213. Repealed. Pub. L. 109–58, title VI, § 637(b), Aug. 8, 2005, 119 Stat. 791 Section, Pub. L. 99–272, title VII, § 7601, Apr. 7, 1986, 100 Stat. 146; Pub. L. 100–203, title V, § 5601, Dec. 22, 1987, 101 Stat. 1330–275; Pub. L. 101–239, title III, § 3201, Dec. 19, 1989, 103 Stat. 2132; Pub. L. 101–508, title VI, § 6101(e), Nov. 5, 1990, 104 Stat. 1388–299, related to assessment and collection of annual charges from Nuclear Regu- latory Commission licensees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 109–58, title VI, § 637(c), Aug. 8, 2005, 119 Stat. 791, provided that: ‘‘The amendments made by this sec- tion [amending section 2214 of this title and repealing this section] take effect on October 1, 2006.’’ § 2214. Repealed. Pub. L. 115–439, title I, § 101(b), Jan. 14, 2019, 132 Stat. 5568 Section, Pub. L. 101–508, title VI, § 6101, Nov. 5, 1990, 104 Stat. 1388–298; Pub. L. 102–486, title XXIX, § 2903(a), Oct. 24, 1992, 106 Stat. 3125; Pub. L. 103–66, title VII, § 7001, Aug. 10, 1993, 107 Stat. 401; Pub. L. 105–245, title V, § 505, Oct. 7, 1998, 112 Stat. 1856; Pub. L. 106–60, title VI, § 604, Sept. 29, 1999, 113 Stat. 501; Pub. L. 106–377, § 1(a)(2) [title VIII], Oct. 27, 2000, 114 Stat. 1441, 1441A–86; Pub. L. 109–58, title VI, § 637(a), Aug. 8, 2005, 119 Stat. 791; Pub. L. 109–103, title IV, Nov. 19, 2005, 119 Stat. 2283; Pub. L. 115–439, title I, § 101(a), Jan. 14, 2019, 132 Stat. 5567, related to NRC user fees and annual charges. See section 2215 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 115–439, title I, § 101(b), Jan. 14, 2019, 132 Stat. 5568, provided that: ‘‘Effective October 1, 2020, section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214) is repealed.’’ § 2215. Nuclear Regulatory Commission user fees and annual charges for fiscal year 2021 and each fiscal year thereafter (a) Annual budget justification (1) In general In the annual budget justification submitted by the Commission to Congress, the Commis- sion shall expressly identify anticipated ex- penditures necessary for completion of the re- quested activities of the Commission antici- pated to occur during the applicable fiscal year. (2) Restriction Budget authority granted to the Commission for purposes of the requested activities of the Commission shall be used, to the maximum extent practicable, solely for conducting re- quested activities of the Commission. (3) Limitation on corporate support costs With respect to the annual budget justifica- tion submitted to Congress, corporate support costs, to the maximum extent practicable,