Page:United States Statutes at Large Volume 119.djvu/831

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 813

(B) in the second sentence, by striking ‘‘Every’’ and inserting the following: ‘‘(2) Every’’; and (C) in paragraph (1) (as designated by subparagraph (A))— (i) by striking ‘‘or in the custody’’ and inserting ‘‘in the custody’’; and (ii) by inserting ‘‘, or subject to the licensing authority of the Commission or certification by the Commission under this Act or any other Act’’ before the period. SEC. 655. SABOTAGE OF NUCLEAR FACILITIES, FUEL, OR DESIGNATED MATERIAL.

(a) IN GENERAL.—Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) is amended— (1) in paragraph (2), by striking ‘‘storage facility’’ and inserting ‘‘treatment, storage, or disposal facility’’; (2) in paragraph (3)— (A) by striking ‘‘such a utilization facility’’ and inserting ‘‘a utilization facility licensed under this Act’’; and (B) by striking ‘‘or’’ at the end; (3) in paragraph (4)— (A) by striking ‘‘facility licensed’’ and inserting ‘‘, uranium conversion, or nuclear fuel fabrication facility licensed or certified’’; and (B) by striking the comma at the end and inserting a semicolon; and (4) by inserting after paragraph (4) the following: ‘‘(5) any production, utilization, waste storage, waste treatment, waste disposal, uranium enrichment, uranium conversion, or nuclear fuel fabrication facility subject to licensing or certification under this Act during construction of the facility, if the destruction or damage caused or attempted to be caused could adversely affect public health and safety during the operation of the facility; ‘‘(6) any primary facility or backup facility from which a radiological emergency preparedness alert and warning system is activated; or ‘‘(7) any radioactive material or other property subject to regulation by the Commission that, before the date of the offense, the Commission determines, by order or regulation published in the Federal Register, is of significance to the public health and safety or to common defense and security;’’. (b) CONFORMING AMENDMENT.—Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284) is amended by striking ‘‘intentionally and willfully’’ each place it appears and inserting ‘‘knowingly’’. SEC. 656. SECURE TRANSFER OF NUCLEAR MATERIALS.

(a) AMENDMENT.—Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201–2210b) (as amended by section 651(d)(1)) is amended by adding at the end the following new section: ‘‘SEC. 170I. 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

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42 USC 2210i. Procedures.

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