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42 USC CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC
ENERGY 01/02/2006
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
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CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
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DIVISION A - ATOMIC ENERGY
SUBCHAPTER I - GENERAL PROVISIONS
Sec.
2011. Congressional declaration of policy.
2012. Congressional findings.
2013. Purpose of chapter.
2014. Definitions.
2015. Transfer of property.
2015a. Cold standby.
2015b. Scholarship and fellowship program.
(a) Scholarship program.
(b) Fellowship program.
(c) Requirements.
(d) Competitive process.
(e) Direct appointment.
2015c. Partnership program with institutions of higher
education.
(a) Definitions.
(b) Partnership program.
2016. Repealed.
2017. Authorization of appropriations.
(a) Congressional authorization.
(b) Accounting.
(c) Restoration or replacement of facilities.
(d) Substituted construction projects.
2017a to 2017b. Omitted.
2018. Agency jurisdiction.
2019. Applicability of Federal Power Act.
2020. Licensing of Government agencies.
2021. Cooperation with States.
(a) Purpose.
(b) Agreements with States.
(c) Commission regulation of certain activities.
(d) Conditions.
(e) Publication in Federal Register; comment of
interested persons.
(f) Exemptions.
(g) Compatible radiation standards.
(h) Consultative, advisory, and miscellaneous
functions of Administrator of Environmental
Protection Agency.
(i) Inspections and other functions; training
and other assistance.
(j) Reserve power to terminate or suspend
agreements; emergency situations; State
nonaction on causes of danger; authority
exercisable only during emergency and
commensurate with danger.
(k) State regulation of activities for certain
purposes.
(l) Commission regulated activities; notice of
filing; hearing.
(m) Limitation of agreements and exemptions.
(n) "State" and "agreement" defined.
(o) State compliance requirements: compliance
with section 2113(b) of this title and
health and environmental protection
standards; procedures for licenses,
rulemaking, and license impact analysis;
amendment of agreements for transfer of
State collected funds; proceedings
duplication restriction; alternative
requirements.
2021a. Storage or disposal facility planning.
2021b. Definitions.
2021c. Responsibilities for disposal of low-level
radioactive waste.
2021d. Regional compacts for disposal of low-level
radioactive waste.
(a) In general.
(b) Applicability to Federal activities.
(c) Restricted use of regional disposal
facilities.
(d) Congressional review.
2021e. Limited availability of certain regional disposal
facilities during transition and licensing
periods.
(a) Availability of disposal capacity.
(b) Limitations.
(c) Commercial nuclear power reactor
allocations.
(d) Use of surcharge funds for milestone
incentives; consequences of failure to meet
disposal deadline.
(e) Requirements for access to regional disposal
facilities.
(f) Monitoring of compliance and denial of
access to non-Federal facilities for
noncompliance; information requirements of
certain States; proprietary information.
(g) Nondiscrimination.
2021f. Emergency access.
(a) In general.
(b) Request for emergency access.
(c) Determination of Nuclear Regulatory
Commission.
(d) Temporary emergency access.
(e) Extension of emergency access.
(f) Reciprocal access.
(g) Approval by compact commission.
(h) Limitations.
(i) Volume reduction and surcharges.
(j) Deduction from allocation.
(k) Agreement States.
2021g. Responsibilities of Department of Energy.
(a) Financial and technical assistance.
(b) Omitted.
2021h. Alternative disposal methods.
2021i. Licensing review and approval.
2021j. Radioactive waste below regulatory concern.
2022. Health and environmental standards for uranium
mill tailings.
(a) Promulgation and revision of rules for
protection from hazards at inactive or
depository sites.
(b) Promulgation and revision of rules for
protection from hazards at processing or
disposal sites.
(c) Publication in Federal Register; notice and
hearing; consultations; judicial review;
time for petition; venue; copy to
Administrator; record; administrative
jurisdiction; review by Supreme Court;
effective date of rule.
(d) Federal and State implementation and
enforcement.
(e) Other authorities of Administrator
unaffected.
(f) Implementation or enforcement of Uranium
Mill Licensing Requirements.
2023. State authority to regulate radiation below level
of regulatory concern of Nuclear Regulatory
Commission.
(a) In general.
(b) Relation to other State authority.
(c) Definitions.
SUBCHAPTER II - ORGANIZATION
2031, 2032. Repealed.
2033. Principal office.
2034. General Manager, Deputy and Assistant General
Managers.
(a) General Manager; chief executive officer;
duties; appointment; removal.
(b) Deputy General Manager; duties; appointment;
removal.
(c) Assistant General Managers; duties;
appointment; removal.
2035. Divisions, offices, and positions.
(a) Program divisions; appointment and powers of
Assistant General Manager and Division
Directors.
(b) General Counsel.
(c) Inspection Division; duties.
(d) Executive management positions; appointment;
removal.
2036, 2037. Repealed.
2038. Appointment of Army, Navy, or Air Force officer as
Assistant General Manager for Military
Application; Chairman of Military Liaison
Committee; compensation.
2039. Advisory Committee on Reactor Safeguards;
composition; tenure; duties; compensation.
2040. Fellowship program of Advisory Committee on
Reactor Safeguards; selection of fellowships.
SUBCHAPTER III - RESEARCH
2051. Research and development assistance.
(a) Contracts and loans for research activities.
(b) Grants and contributions.
(c) Purchase of supplies without advertising.
(d) Prevention of dissemination of information
prohibited; other conditions of agreements.
2052. Research by Commission.
2053. Research for others; charges.
SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL
2061. Production facilities.
(a) Ownership.
(b) Operation of Commission's facilities.
(c) Operation of other facilities.
2062. Irradiation of materials.
2063. Acquisition of production facilities.
2064. Disposition of energy; regulation on sale.
SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL
2071. Determination of other material as special nuclear
material; Presidential assent; effective date.
2072. Repealed.
2073. Domestic distribution of special nuclear material.
(a) Licenses.
(b) Minimum criteria for licenses.
(c) Manner of distribution; charges for material
sold; agreements; charges for material
leased.
(d) Determination of charges.
(e) License conditions.
(f) Distribution for independent research and
development activities.
2074. Foreign distribution of special nuclear material.
(a) Compensation; distribution to International
Atomic Energy Agency; procedure for
distribution; repurchase of unconsumed
materials; price; purchase of materials
produced outside United States; price.
(b) Distribution to persons outside United
States of plutonium and other special
nuclear material exempted under section
2077(d) of this title; compensation;
reports.
(c) Licensing or granting permission to others
to distribute special nuclear material;
conditions.
(d) Laboratory samples; medical devices;
monitoring or other instruments;
emergencies.
(e) Arrangements for storage or disposition of
irradiated fuel elements.
2075. Acquisition of special nuclear material; payments;
just compensation.
2076. Guaranteed purchase prices.
2077. Unauthorized dealings in special nuclear material.
(a) Handling by persons.
(b) Engagement or participation in development
or production.
(c) Distribution by Commission.
(d) Establishment of classes of special nuclear
material; exemption of materials, kinds of
uses and users from requirement of license.
(e) Transfer, etc., of special nuclear material.
2078. Congressional review of guaranteed purchase price,
guaranteed purchase price period, and criteria
for waiver of charges.
SUBCHAPTER VI - SOURCE MATERIAL
2091. Determination of source material.
2092. License requirements for transfers.
2093. Domestic distribution of source material.
(a) License.
(b) Minimum criteria for licenses.
(c) Determination of charges.
2094. Foreign distribution of source material.
2095. Reports.
2096. Acquisition of source material; payments.
2097. Operations on lands belonging to United States.
2098. Public and acquired lands.
(a) Conditions on location, entry, and
settlement.
(b) Reservation of mineral rights; release.
(c) Prior locations.
2099. Prohibitions against issuance of license.
SUBCHAPTER VII - BYPRODUCT MATERIALS
2111. Domestic distribution.
(a) In general.
(b) Requirements.
(c) Treatment as low-level radioactive waste.
2112. Foreign distribution of byproduct material.
(a) Cooperation with other Nations.
(b) Distribution to individuals.
(c) Distributor's license.
2113. Ownership and custody of certain byproduct
material and disposal sites.
(a) Specific assurances in license for
pretermination actions.
(b) Transfer of title; health and environmental
protection through maintenance of property
and materials; use of surface or subsurface
estates: first refusal rights of
transferor; maintenance, monitoring, and
emergency measures and other authorized
action; licensee-transferor liability for
fraud or negligence; administrative and
legal costs limitation; government
retransfers under section 7914(h) of this
title.
(c) Compliance with applicable standards and
license requirements; determination upon
termination of license.
2114. Authorities of Commission respecting certain
byproduct material.
(a) Management function.
(b) Rules, regulations, or orders for certain
activities; civil penalty.
(c) Alternative requirements or proposals.
SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY
2121. Authority of Commission.
(a) Research and development; weapons
production; hazardous wastes; transfers of
technologies.
(b) Material for Department of Defense use.
(c) Sale, lease, or loan to other Nations of
materials for military applications.
2122. Prohibitions governing atomic weapons.
2122a. Repealed.
2123. Transferred.
SUBCHAPTER IX - ATOMIC ENERGY LICENSES
2131. License required.
2132. Utilization and production facilities for
industrial or commercial purposes.
(a) Issuance of licenses.
(b) Facilities constructed or operated under
section 2134(b).
(c) Cooperative Power Reactor Demonstration
facilities.
2133. Commercial licenses.
(a) Conditions.
(b) Nonexclusive basis.
(c) License period.
(d) Limitations.
(f) Accident notification condition; license
revocation; license amendment to include
condition.
2134. Medical, industrial, and commercial licenses.
(a) Medical therapy.
(b) Industrial and commercial purposes.
(c) Research and development activities.
(d) Limitations.
2135. Antitrust provisions governing licenses.
(a) Violations of antitrust laws.
(b) Reports to Attorney General.
(c) Transmissions to Attorney General of copies
of license applications; publication of
advice; factors considered; exceptions.
2136. Classes of facilities.
2137. Operators' licenses.
2138. Suspension of licenses during war or national
emergency.
2139. Component and other parts of facilities.
(a) Licenses for domestic activities.
(b) Export licenses.
(c) Exports inimical to common defense and
security of United States.
2139a. Regulations implementing requirements relating to
licensing for components and other parts of
facilities.
2140. Exclusions from license requirement.
2141. Licensing by Nuclear Regulatory Commission of
distribution of special nuclear material, source
material, and byproduct material by Department of
Energy.
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
2151. Effect of international arrangements.
2152. Policies contained in international arrangements.
2153. Cooperation with other nations.
(a) Terms, conditions, duration, nature, scope,
and other requirements of proposed
agreements for cooperation; Presidential
exemptions; negotiations; Nuclear
Proliferation Assessment Statement.
(b) Presidential approval and authorization for
execution of proposed agreements for
cooperation.
(c) Submittal of proposed agreements for
cooperation to Congressional committees.
(d) Congressional action.
2153a. Approval for enrichment after export of source or
special nuclear material; export of major
critical components of enrichment facilities.
2153b. Export policies relating to peaceful nuclear
activities and international nuclear trade.
(a) Undertakings by transferee nations receiving
nuclear material and equipment or sensitive
nuclear technology.
(b) Enrichment of source or special nuclear
material only under effective international
auspices and inspection.
(c) Establishment of physical security measures.
(d) United States military activities.
2153c. Renegotiation of agreements for cooperation.
(a) Application to existing agreements of
undertakings required of new agreements
after March 10, 1978.
(b) Presidential review of export agreement
conditions and policy goals.
(c) Presidential proposals for additional export
criteria.
(d) Congressional action.
2153d. Authority to continue agreements for cooperation
entered into prior to March 10, 1978.
2153e. Protection of environment.
2153e-1. Effectiveness of rule, regulation, or procedure
with regard to exports subject to Nuclear
Non-Proliferation Act of 1978.
2153f. Savings clause; Nuclear Non-Proliferation Act of
1978.
2154. International atomic pool.
2155. Export licensing procedures.
(a) Executive branch judgment on export
applications; criteria governing United
States nuclear exports.
(b) Requests to be given timely consideration;
Presidential review if Commission is unable
to make required statutory determinations;
Commission review.
(c) Additional export criteria.
2155a. Regulations establishing Commission procedures
covering grant, suspension, revocation, or
amendment of nuclear export licenses or
exemptions.
2156. Criteria governing United States nuclear exports.
2156a. Regulations establishing levels of physical
security to protect facilities and material.
2157. Additional export criterion and procedures.
2158. Conduct resulting in termination of nuclear
exports.
2159. Congressional review procedures.
(a) Committee consideration of Presidential
submissions; reports.
(b) Consideration of resolution by respective
Houses of Congress.
(c) Debate.
(d) Vote on final approval.
(e) Appeals from decisions of Chair.
(f) Resolution.
(g) Continuity of Congressional sessions;
computation of time.
(h) Supersedure or change in rules.
(i) Joint resolutions.
2160. Subsequent arrangements.
(a) Consultation and concurrence; negotiations
of a policy nature; notice of proposed
subsequent arrangements; Nuclear
Proliferation Assessment Statement;
reprocessing of material.
(b) Reports to Congressional committees;
increase in risk of proliferation.
(c) Procedures for consideration of requests for
subsequent arrangements.
(d) Activities not prohibited, precluded, or
limited.
(e) Jurisdiction of Secretary of Energy.
(f) Subsequent arrangements involving direct or
indirect commitment of United States for
storage or other disposition of foreign
spent nuclear fuel in United States.
2160a. Review of Nuclear Proliferation Assessment
Statements.
2160b. Authority to suspend nuclear cooperation with
nations which have not ratified the Convention on
the Physical Security of Nuclear Materials.
2160c. Consultation with Department of Defense concerning
certain exports and subsequent arrangements.
2160d. Further restrictions on exports.
(a) In general.
(b) Medical isotope production.
(c) Definitions.
SUBCHAPTER XI - CONTROL OF INFORMATION
2161. Policy of Commission.
2162. Classification and declassification of Restricted
Data.
(a) Periodic determination.
(b) Continuous review.
(c) Joint determination on atomic weapons;
Presidential determination on disagreement.
(d) Removal from Restricted Data category.
(e) Joint determination on atomic energy
programs.
2163. Access to Restricted Data.
2164. International cooperation.
(a) By Commission.
(b) By Department of Defense.
(c) Exchange of information concerning atomic
weapons; research, development, or design,
of military reactors.
(d) By Department of Energy.
(e) Communication of data by other Government
agencies.
2165. Security restrictions.
(a) On contractors and licensees.
(b) Employment of personnel; access to
Restricted Data.
(c) Acceptance of investigation and clearance
granted by other Government agencies.
(d) Investigations by FBI.
(e) Presidential investigation.
(f) Performance of personnel security
investigations by FBI.
(g) Investigation standards.
(h) War time clearance.
2166. Applicability of other laws.
2167. Safeguards information.
(a) Confidentiality of certain types of
information; issuance of regulations and
orders; considerations for exercise of
Commission's authority; disclosure of
routes and quantities of shipment; civil
penalties; withholding of information from
Congressional committees.
(b) Regulations or orders issued under this
section and section 2201(b) of this title
for purposes of section 2273 of this title.
(c) Judicial review.
(d) Reports to Congress; contents.
2168. Dissemination of unclassified information.
(a) Dissemination prohibited; rules and
regulations; determinations of Secretary
prerequisite to issuance of prohibiting
regulations or orders; criteria.
(b) Civil penalties.
(c) Criminal penalties.
(d) Judicial review.
(e) Quarterly reports for interested persons;
contents.
2169. Fingerprinting for criminal history record checks.
(a) In general.
(b) Waiver.
(c) Regulations.
(d) Use of biometric methods.
(e) Processing fees; use of amounts collected.
SUBCHAPTER XII - PATENTS AND INVENTIONS
2181. Inventions relating to atomic weapons, and filing
of reports.
(a) Denial of patent; revocation of prior
patents.
(b) Denial of rights; revocation of prior
rights.
(c) Report of invention to Under Secretary of
Commerce for Intellectual Property and
Director of the United States Patent and
Trademark Office.
(d) Report to Commission by Under Secretary of
Commerce for Intellectual Property and
Director of the United States Patent and
Trademark Office.
(e) Confidential information; circumstances
permitting disclosure.
2182. Inventions conceived during Commission contracts;
ownership; waiver; hearings.
2183. Nonmilitary utilization.
(a) Declaration of public interest.
(b) Action by Commission.
(c) Application for patent.
(d) Hearings.
(e) Commission's findings.
(f) Limitations on issuance of patent.
(g) Royalty fees.
(h) Effective period.
2184. Injunctions; measure of damages.
2185. Prior art.
2186. Commission patent licenses.
2187. Compensation, awards, and royalties.
(a) Patent Compensation Board.
(b) Eligibility.
(c) Standards.
(d) Limitations.
2188. Monopolistic use of patents.
2189. Federally financed research.
2190. Saving clause for prior patent applications.
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
2201. General duties of Commission.
(a) Establishment of advisory boards.
(b) Standards governing use and possession of
material.
(c) Studies and investigations.
(d) Employment of personnel.
(e) Acquisition of material, property, etc.;
negotiation of commercial leases.
(f) Utilization of other Federal agencies.
(g) Acquisition of real and personal property.
(h) Consideration of license applications.
(i) Regulations governing Restricted Data.
(j) Disposition of surplus materials.
(k) Carrying of firearms; authority to make
arrests without warrant.
(l) Repealed.
(m) Agreements regarding production.
(n) Delegation of functions.
(o) Reports.
(p) Rules and regulations.
(q) Easements for rights-of-way.
(r) Sale of utilities and related services.
(s) Succession of authority.
(t) Contracts.
(u) Additional contracts; guiding principles;
appropriations.
(v) Support of United States Enrichment
Corporation.
(w) License fees for nuclear power reactors.
(x) Standards and instructions for bonding,
surety, or other financial arrangements,
including performance bonds.
2201a. Use of firearms by security personnel.
(a) Definitions.
(b) Authorization.
(c) Background checks.
(d) Effective date.
2202. Contracts.
2203. Advisory committees.
2204. Electric utility contracts; authority to enter
into; cancellation; submission to Energy
Committees.
2204a. Fission product contracts.
(a) Authority to enter into contracts.
(b) Cancellation.
(c) Submission to Energy Committees.
2205. Contract practices.
2205a. Repealed.
2206. Comptroller General audit.
2207. Claim settlements; reports to Congress.
2208. Payments in lieu of taxes.
2209. Subsidies.
2210. Indemnification and limitation of liability.
(a) Requirement of financial protection for
licensees.
(b) Amount and type of financial protection for
licensees.
(c) Indemnification of licenses by Nuclear
Regulatory Commission.
(d) Indemnification of contractors by Department
of Energy.
(e) Limitation on aggregate public liability.
(f) Collection of fees by Nuclear Regulatory
Commission.
(g) Use of services of private insurers.
(h) Conditions of agreements of indemnification.
(i) Compensation plans.
(j) Contracts in advance of appropriations.
(k) Exemption from financial protection
requirement for nonprofit educational
institutions.
(l) Presidential commission on catastrophic
nuclear accidents.
(m) Coordinated procedures for prompt settlement
of claims and emergency assistance.
(n) Waiver of defenses and judicial procedures.
(o) Plan for distribution of funds.
(p) Reports to Congress.
(q) Limitation on awarding of precautionary
evacuation costs.
(r) Limitation on liability of lessors.
(s) Limitation on punitive damages.
(t) Inflation adjustment.
2210a. Conflicts of interest relating to contracts and
other arrangements.
(a) Disclosure requirements.
(b) Evaluation.
(c) Promulgation and publication of rules.
2210b. Uranium supply.
(a) Assessment of domestic uranium industry
viability; monitoring and reporting
requirements; criteria; implementation by
rules and regulations.
(b) Disclosure of information.
(c) Criteria for monitoring and reporting
requirements.
(d) Excessive imports; investigation by United
States International Trade Commission.
(e) Excessive imports for contracts or options
as threatening national security;
investigation by Secretary of Commerce;
recommendation for further investigation.
2210c. Elimination of pension offset for certain rehired
Federal retirees.
(a) In general.
(b) Procedures.
(c) Effect of waiver.
2210d. Security evaluations.
(a) Security response evaluations.
(b) Force-on-force exercises.
(c) Action by licensees.
(d) Facilities under heightened threat levels.
(e) Report.
2210e. Design basis threat rulemaking.
(a) Rulemaking.
(b) Factors.
2210f. Recruitment tools.
2210g. Expenses authorized to be paid by the Commission.
2210h. Radiation source protection.
(a) Definitions.
(b) Commission approval.
(c) Tracking system.
(d) Penalty.
(e) National Academy of Sciences study.
(f) Task force on radiation source protection
and security.
(g) Action by Commission.
2210i. Secure transfer of nuclear materials.
2211. Payment of claims or judgments for damage
resulting from nuclear incident involving nuclear
reactor of United States warship; exception;
terms and conditions.
2212, 2213. Repealed or Transferred.
2214. NRC user fees and annual charges.
(a) Annual assessment.
(b) Fees for service or thing of value.
(c) Annual charges.
(d) "Nuclear Waste Fund" defined.
SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY ACQUIRED
2221. Just compensation for requisitioned property.
2222. Condemnation of real property.
2223. Patent application disclosures.
2224. Attorney General approval of title.
SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
2231. Applicability of administrative procedure
provisions; definitions.
2232. License applications.
(a) Contents and form.
(b) Review of applications by Advisory Committee
on Reactor Safeguards; report.
(c) Commercial power; publication.
(d) Preferred consideration.
2233. Terms of licenses.
2234. Inalienability of licenses.
2235. Construction permits and operating licenses.
2236. Revocation of licenses.
(a) False applications; failure of performance.
(b) Procedure.
(c) Repossession of material.
2237. Modification of license.
2238. Continued operation of facilities.
2239. Hearings and judicial review.
2240. Licensee incident reports as evidence.
2241. Atomic safety and licensing boards; establishment;
membership; functions; compensation.
2242. Temporary operating license.
(a) Fuel loading, testing, and operation at
specific power level; petition, affidavit,
etc.
(b) Operation at greater power level; criteria,
effect, terms and conditions, etc.;
procedures applicable.
(c) Hearing for final operating license;
suspension, issuance, compliance, etc.,
with temporary operating license.
(d) Administrative remedies for minimization of
need for license.
(e) Expiration of issuing authority.
2243. Licensing of uranium enrichment facilities.
(a) Environmental impact statement.
(b) Adjudicatory hearing.
(c) Inspection and operation.
(d) Insurance and decommissioning.
(e) No Price-Anderson coverage.
(f) Limitation.
SUBCHAPTER XVI - JOINT COMMITTEE ON ATOMIC ENERGY
2251 to
2257. Repealed.
2258. Joint Committee on Atomic Energy abolished.
(a) Abolition.
(b) References in rules, etc., on and after
September 20, 1977.
(c) Transfer of records, data, etc.; copies.
2259. Information and assistance to Congressional
committees.
(a) Secretary of Energy and Nuclear Regulatory
Commission.
(b) Department of Defense and Department of
State.
(c) Government agencies.
(d) Utilization of services, facilities, and
personnel of Government agencies;
reimbursement; prior written consent.
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
2271. General provisions.
(a) Authority of President to utilize Government
agencies.
(b) Criminal violations.
(c) Violations of this chapter.
2272. Violation of specific sections.
2273. Violation of sections.
(a) Generally.
(b) Construction or supply of components for
utilization facilities; impairment of basic
components; "basic component" defined;
posting at construction sites of
utilization facilities and on premises of
component fabrication plants.
(c) Criminal penalties.
2274. Communication of Restricted Data.
2275. Receipt of Restricted Data.
2276. Tampering with Restricted Data.
2277. Disclosure of Restricted Data.
2278. Statute of limitations.
2278a. Trespass on Commission installations.
(a) Issuance and posting of regulations.
(b) Penalty for violation of regulations.
(c) Penalty for violation of regulations
regarding enclosed property.
2278b. Photographing, etc., of Commission installations;
penalty.
2279. Applicability of other laws.
2280. Injunction proceedings.
2281. Contempt proceedings.
2282. Civil penalties.
(a) Violations of licensing requirements.
(b) Notice.
(c) Collection of penalties.
2282a. Civil monetary penalties for violation of
Department of Energy safety regulations.
(a) Persons subject to penalty.
(b) Determination of amount.
(c) Assessment and payment.
(d) Limitation for not-for-profit institutions.
2282b. Civil monetary penalties for violations of
Department of Energy regulations regarding
security of classified or sensitive information
or data.
(a) Persons subject to penalty.
(b) Fee or payment reductions for violations.
(c) Powers and limitations.
(d) Application to certain entities.
2282c. Worker health and safety rules for Department of
Energy nuclear facilities.
(a) Regulations required.
(b) Civil penalties.
(c) Contract penalties.
(d) Coordination of penalties.
2283. Protection of nuclear inspectors.
(a) Homicide.
(b) Assault.
2284. Sabotage of nuclear facilities or fuel.
(a) Physical damage to facilities, etc.
(b) Unauthorized use or tampering with
facilities, etc.
SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD
2286. Establishment.
(a) Establishment.
(b) Membership.
(c) Chairman and Vice Chairman.
(d) Terms.
(e) Quorum.
2286a. Functions of Board.
(a) In general.
(b) Excluded functions.
2286b. Powers of Board.
(a) Hearings.
(b) Staff.
(c) Regulations.
(d) Reporting requirements.
(e) Use of Government facilities, etc.
(f) Assistance from certain agencies of Federal
Government.
(g) Assistance from organizations outside
Federal Government.
(h) Resident inspectors.
(i) Special studies.
(j) Evaluation of information.
2286c. Responsibilities of Secretary of Energy.
(a) Cooperation.
(b) Access to information.
2286d. Board recommendations.
(a) Public availability and comment.
(b) Response by Secretary.
(c) Provision of information to Secretary.
(d) Final decision.
(e) Implementation plan.
(f) Implementation.
(g) Imminent or severe threat.
(h) Limitation.
2286e. Reports.
(a) Board report.
(b) DOE report.
2286f. Judicial review.
2286g. "Department of Energy defense nuclear facility"
defined.
2286h. Contract authority subject to appropriations.
2286h-1. Transmittal of certain information to Congress.
2286i. Annual authorization of appropriations.
SUBCHAPTER XVIII - EURATOM COOPERATION
2291. Definitions.
2292. Authorization of appropriations for research and
development program; authority to enter into
contracts; period of contracts; equivalent
amounts for research and development program.
2293. Omitted.
2294. Authorization for sale or lease of uranium and
plutonium; amounts; lien for nonpayment; uranium
enrichment services.
2295. Acquisition of nuclear materials.
(a) Authorization; restriction of amounts of
plutonium or uranium; amount and use of
plutonium authorized to be acquired.
(b) Terms and periods of contracts to acquire
plutonium.
(c) Terms and periods of contracts to acquire
uranium.
(d) Contracts for purchase of special nuclear
materials.
(e) Certification by Commission.
2296. Nonliability of United States; indemnification.
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
PART A - REMEDIAL ACTION AT ACTIVE PROCESSING SITES
2296a. Remedial action program.
(a) In general.
(b) Reimbursement.
2296a-1. Regulations.
2296a-2. Authorization of appropriations.
(a) In general.
(b) Source.
2296a-3. Definitions.
PART B - URANIUM REVITALIZATION
2296b. Overfeed program.
(a) Uranium purchases.
(b) Use of domestic uranium.
2296b-1. National Strategic Uranium Reserve.
2296b-2. Sale of remaining DOE inventories.
2296b-3. Responsibility for the industry.
(a) Continuing Secretarial responsibility.
(b) Encourage export.
2296b-4. Annual uranium purchase reports.
(a) In general.
(b) Congressional access.
2296b-5. Uranium inventory study.
2296b-6. Regulatory treatment of uranium purchases.
(a) Encouragement.
(b) Report.
(c) Savings provision.
2296b-7. Definitions.
DIVISION B - UNITED STATES ENRICHMENT CORPORATION
SUBCHAPTER I - GENERAL PROVISIONS
2297, 2297a.Repealed.
SUBCHAPTER II - ESTABLISHMENT, POWERS, AND ORGANIZATION OF
CORPORATION
2297b to 2297b-15. Repealed.
SUBCHAPTER III - RIGHTS, PRIVILEGES, AND ASSETS OF CORPORATION
2297c to 2297c-7. Repealed.
SUBCHAPTER IV - PRIVATIZATION OF CORPORATION
2297d,
2297d-1. Repealed.
SUBCHAPTER V - AVLIS AND ALTERNATIVE TECHNOLOGIES FOR URANIUM
ENRICHMENT
2297e to 2297e-7. Repealed.
SUBCHAPTER VI - LICENSING AND REGULATION OF URANIUM ENRICHMENT
FACILITIES
2297f. Gaseous diffusion facilities.
(a) Issuance of standards.
(b) Annual report.
(c) Certification process.
(d) Requirement for operation.
2297f-1. Licensing of other technologies.
(a) In general.
(b) Costs for decontamination and
decommissioning.
2297f-2. Regulation of Restricted Data.
SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING
2297g. Uranium Enrichment Decontamination and
Decommissioning Fund.
(a) Establishment.
(b) Administration.
2297g-1. Deposits.
(a) Amount.
(b) Source.
(c) Special assessment.
(d) Authorization of appropriations.
(e) Termination of assessments.
(f) Continuation of deposits.
(g) Treatment of assessment.
2297g-2. Department facilities.
(a) Study by National Academy of Sciences.
(b) Payment of decontamination and
decommissioning costs.
(c) Payment of remedial action costs.
2297g-3. Employee provisions.
2297g-4. Reports to Congress.
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION
PRIVATIZATION
2297h. Definitions.
2297h-1. Sale of Corporation.
(a) Authorization.
(b) Proceeds.
2297h-2. Method of sale.
(a) Authorization.
(b) Board determination.
(c) Adequate proceeds.
(d) Application of securities laws.
(e) Expenses.
2297h-3. Establishment of private corporation.
(a) Incorporation.
(b) Status of private corporation.
(c) Application of post-Government employment
restrictions.
(d) Dissolution.
2297h-4. Transfers to private corporation.
2297h-5. Leasing of gaseous diffusion facilities.
(a) Transfer of lease.
(b) Renewal.
(c) Exclusion of facilities for production of
highly enriched uranium.
(d) DOE responsibility for preexisting
conditions.
(e) Environmental audit.
(f) Treatment under Price-Anderson provisions.
(g) Waiver of EIS requirement.
(h) Maintenance of security.
2297h-6. Transfer of contracts.
(a) Transfer of contracts.
(b) Nontransferable power contracts.
(c) Effect of transfer.
(d) Pricing.
2297h-7. Liabilities.
(a) Liability of United States.
(b) Liability of Corporation.
(c) Liability of private corporation.
(d) Liability of officers and directors.
2297h-8. Employee protections.
(a) Contractor employees.
(b) Former Federal employees.
2297h-9. Ownership limitations.
(a) Securities limitations.
(b) Ownership limitation.
2297h-10. Uranium transfers and sales.
(a) Transfers and sales by Secretary.
(b) Russian HEU.
(c) Transfers to Corporation.
(d) Inventory sales.
(e) Government transfers.
(f) Savings provision.
2297h-11. Low-level waste.
(a) Responsibility of DOE.
(b) Agreements with other persons.
(c) State or interstate compacts.
2297h-12. AVLIS.
(a) Exclusive right to commercialize.
(b) Transfer of related property to Corporation.
(c) Liability for patent and related claims.
2297h-13. Application of certain laws.
(a) OSHA.
(b) Antitrust laws.
(c) Energy Reorganization Act requirements.
-End-
-CITE-
42 USC Division A - Atomic Energy 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
-HEAD-
DIVISION A - ATOMIC ENERGY
-End-
-CITE-
42 USC SUBCHAPTER I - GENERAL PROVISIONS 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
SUBCHAPTER I - GENERAL PROVISIONS
-End-
-CITE-
42 USC Sec. 2011 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2011. Congressional declaration of policy
-STATUTE-
Atomic energy is capable of application for peaceful as well as
military purposes. It is therefore declared to be the policy of the
United States that -
(a) the development, use, and control of atomic energy shall be
directed so as to make the maximum contribution to the general
welfare, subject at all times to the paramount objective of
making the maximum contribution to the common defense and
security; and
(b) the development, use, and control of atomic energy shall be
directed so as to promote world peace, improve the general
welfare, increase the standard of living, and strengthen free
competition in private enterprise.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 1, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 921; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to those comprising this section were
contained in section 1 of act Aug. 1, 1946, ch. 724, 60 Stat. 755,
which was classified to section 1801 of this title, prior to the
general amendment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109-58, title VI, Sec. 601, Aug. 8, 2005, 119 Stat. 779,
provided that: "This subtitle [subtitle A (Secs. 601-610) of title
VI of Pub. L. 109-58, amending sections 2210 and 2282a of this
title and enacting provisions set out as notes under sections 2210
and 2282a of this title] may be cited as the 'Price-Anderson
Amendments Act of 2005'."
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-245, Sec. 1, July 10, 2000, 114 Stat. 501, provided
that: "This Act [enacting section 285a-9 of this title and enacting
and amending provisions set out as notes under section 2210 of this
title] may be cited as the 'Radiation Exposure Compensation Act
Amendments of 2000'."
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104-134, title III, Sec. 3101, Apr. 26, 1996, 110 Stat.
1321-335, provided that: "This subchapter [subch. A (Secs. 3101-
3117) of ch. 1 of title III of Pub. L. 104-134, enacting sections
2297h to 2297h-13 of this title, amending sections 2014, 2239,
2243, 2282, 2296b-7, 2297f, and 2297f-1 of this title and section
9101 of Title 31, Money and Finance, repealing sections 2297 to
2297e-7 of this title, and enacting provisions set out as notes
under section 2297 of this title and section 9101 of Title 31] may
be cited as the 'USEC Privatization Act'."
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-408, Sec. 1, Aug. 20, 1988, 102 Stat. 1066, provided
that: "This Act [enacting section 2282a of this title, amending
sections 2014, 2210, and 2273 of this title, and enacting
provisions set out as notes under sections 2014 and 2210 of this
title] may be cited as the 'Price-Anderson Amendments Act of
1988'."
SHORT TITLE OF 1964 AMENDMENT
Pub. L. 88-489, Sec. 21, Aug. 26, 1964, 78 Stat. 607, provided
that: "This Act [amending sections 2012, 2013, 2073 to 2078, 2135,
2153, 2201, 2221, 2233, and 2234 of this title, repealing section
2072 of this title, and enacting provisions set out as notes under
sections 2012 and 2072 of this title] may be cited as the 'Private
Ownership of Special Nuclear Materials Act'."
SHORT TITLE OF 1958 AMENDMENT
Pub. L. 85-846, Sec. 1, Aug. 28, 1958, 72 Stat. 1084, provided:
"That this Act [enacting sections 2291 to 2296 of this title] may
be cited as the 'EURATOM Cooperation Act of 1958'."
SHORT TITLE
Section 291 of title I of act Aug. 1, 1946, as added by act Aug.
30, 1954, Sec. 1; renumbered title I, Oct. 24, 1992, Pub. L. 102-
486, title IX, Sec. 902(a)(8), 106 Stat. 2944, provided that:
"This Act [enacting this chapter and amending sections 1031(d) and
1032 of former Title 5, Executive Departments and Government
Officers and Employees, and enacting provision set out as a note
under section 2221 of this title] may be cited as the 'Atomic
Energy Act of 1954'."
SEPARABILITY
Section 281 of title I of act Aug. 1, 1946, as added by act Aug.
30, 1954, Sec. 1; renumbered title I, Oct. 24, 1992, Pub. L. 102-
486, title IX, Sec. 902(a)(8), 106 Stat. 2944, provided that: "If
any provision of this Act [enacting this chapter] or the
application of such provision to any person or circumstances, is
held invalid, the remainder of this Act or the application of such
provision to persons or circumstances other than those as to which
it is held invalid, shall not be affected thereby."
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2012 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2012. Congressional findings
-STATUTE-
The Congress of the United States makes the following findings
concerning the development, use, and control of atomic energy:
(a) The development, utilization, and control of atomic energy
for military and for all other purposes are vital to the common
defense and security.
(b) Repealed. Pub. L. 88-489, Sec. 1, Aug. 26, 1964, 78 Stat.
602.
(c) The processing and utilization of source, byproduct, and
special nuclear material affect interstate and foreign commerce and
must be regulated in the national interest.
(d) The processing and utilization of source, byproduct, and
special nuclear material must be regulated in the national interest
and in order to provide for the common defense and security and to
protect the health and safety of the public.
(e) Source and special nuclear material, production facilities,
and utilization facilities are affected with the public interest,
and regulation by the United States of the production and
utilization of atomic energy and of the facilities used in
connection therewith is necessary in the national interest to
assure the common defense and security and to protect the health
and safety of the public.
(f) The necessity for protection against possible interstate
damage occurring from the operation of facilities for the
production or utilization of source or special nuclear material
places the operation of those facilities in interstate commerce for
the purposes of this chapter.
(g) Funds of the United States may be provided for the
development and use of atomic energy under conditions which will
provide for the common defense and security and promote the general
welfare.
(h) Repealed. Pub. L. 88-489, Sec. 2, Aug. 26, 1964, 78 Stat.
602.
(i) In order to protect the public and to encourage the
development of the atomic energy industry, in the interest of the
general welfare and of the common defense and security, the United
States may make funds available for a portion of the damages
suffered by the public from nuclear incidents, and may limit the
liability of those persons liable for such losses.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 2, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 921; amended Pub. L. 85-256, Sec. 1,
Sept. 2, 1957, 71 Stat. 576; Pub. L. 88-489, Secs. 1, 2, Aug. 26,
1964, 78 Stat. 602; renumbered title I, Pub. L. 102-486, title IX,
Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to those comprising this section were
contained in section 1 of act Aug. 1, 1946, ch. 724, 60 Stat. 755,
which was classified to section 1801 of this title, prior to the
general amendment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.
AMENDMENTS
1964 - Subsec. (b). Pub. L. 88-489, Sec. 1, struck out subsec.
(b) which found that use of United States property by others must
be regulated in national interest and in order to provide for
common defense and security and to protect health and safety of
public.
Subsec. (h). Pub. L. 88-489, Sec. 2, struck out subsec. (h) which
found it essential to common defense and security that title to all
special nuclear material be in United States while such special
nuclear material is within United States.
1957 - Subsec. (i). Pub. L. 85-256 added subsec. (i).
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-MISC2-
CONTROL AND REGULATION POWERS OF UNITED STATES AND OF ATOMIC ENERGY
COMMISSION UNAFFECTED BY PRIVATE OWNERSHIP OF SPECIAL NUCLEAR
MATERIALS
Section 20 of Pub. L. 88-489 provided that: "Nothing in this Act
[amending this section and sections 2013, 2073 to 2078, 2135, 2153,
2201, 2233 and 2234 of this title, repealing section 2072 of this
title, and enacting provisions set out as notes under this section
and section 2072 of this title] shall be deemed to diminish
existing authority of the United States, or of the Atomic Energy
Commission under the Atomic Energy Act of 1954, as amended [this
chapter], to regulate source, byproduct, and special nuclear
material and production and utilization facilities, or to control
such materials and facilities exported from the United States by
imposition of governmental guarantees and security safeguards with
respect thereto, in order to assure the common defense and security
and to protect the health and safety of the public, or to reduce
the responsibility of the Atomic Energy Commission to achieve such
objectives."
-End-
-CITE-
42 USC Sec. 2013 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2013. Purpose of chapter
-STATUTE-
It is the purpose of this chapter to effectuate the policies set
forth above by providing for -
(a) a program of conducting, assisting, and fostering research
and development in order to encourage maximum scientific and
industrial progress;
(b) a program for the dissemination of unclassified scientific
and technical information and for the control, dissemination, and
declassification of Restricted Data, subject to appropriate
safeguards, so as to encourage scientific and industrial
progress;
(c) a program for Government control of the possession, use,
and production of atomic energy and special nuclear material,
whether owned by the Government or others, so directed as to make
the maximum contribution to the common defense and security and
the national welfare, and to provide continued assurance of the
Government's ability to enter into and enforce agreements with
nations or groups of nations for the control of special nuclear
materials and atomic weapons;
(d) a program to encourage widespread participation in the
development and utilization of atomic energy for peaceful
purposes to the maximum extent consistent with the common defense
and security and with the health and safety of the public;
(e) a program of international cooperation to promote the
common defense and security and to make available to cooperating
nations the benefits of peaceful applications of atomic energy as
widely as expanding technology and considerations of the common
defense and security will permit; and
(f) a program of administration which will be consistent with
the foregoing policies and programs, with international
arrangements, and with agreements for cooperation, which will
enable the Congress to be currently informed so as to take
further legislative action as may be appropriate.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 3, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 922; amended Pub. L. 88-489, Sec. 3,
Aug. 26, 1964, 78 Stat. 602; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to those comprising this section were
contained in section 1 of act Aug. 1, 1946, ch. 724, 60 Stat. 755,
which was classified to section 1801 of this title, prior to the
general amendment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.
AMENDMENTS
1964 - Subsec. (c). Pub. L. 88-489 inserted "whether owned by the
Government or others" and "and to provide continued assurance of
the Government's ability to enter into and enforce agreements with
nations or groups of nations for the control of special nuclear
materials and atomic weapons".
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2014 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2014. Definitions
-STATUTE-
The intent of Congress in the definitions as given in this
section should be construed from the words or phrases used in the
definitions. As used in this chapter:
(a) The term "agency of the United States" means the executive
branch of the United States, or any Government agency, or the
legislative branch of the United States, or any agency, committee,
commission, office, or other establishment in the legislative
branch, or the judicial branch of the United States, or any office,
agency, committee, commission, or other establishment in the
judicial branch.
(b) The term "agreement for cooperation" means any agreement with
another nation or regional defense organization authorized or
permitted by sections 2074, 2077, 2094, 2112, 2121(c), 2133, 2134,
or 2164 of this title, and made pursuant to section 2153 of this
title.
(c) The term "atomic energy" means all forms of energy released
in the course of nuclear fission or nuclear transformation.
(d) The term "atomic weapon" means any device utilizing atomic
energy, exclusive of the means for transporting or propelling the
device (where such means is a separable and divisible part of the
device), the principal purpose of which is for use as, or for
development of, a weapon, a weapon prototype, or a weapon test
device.
(e) The term "byproduct material" means -
(1) any radioactive material (except special nuclear material)
yielded in or made radioactive by exposure to the radiation
incident to the process of producing or utilizing special nuclear
material;
(2) the tailings or wastes produced by the extraction or
concentration of uranium or thorium from any ore processed
primarily for its source material content;
(3)(A) any discrete source of radium-226 that is produced,
extracted, or converted after extraction, before, on, or after
August 8, 2005, for use for a commercial, medical, or research
activity; or
(B) any material that -
(i) has been made radioactive by use of a particle
accelerator; and
(ii) is produced, extracted, or converted after extraction,
before, on, or after August 8, 2005, for use for a commercial,
medical, or research activity; and
(4) any discrete source of naturally occurring radioactive
material, other than source material, that -
(A) the Commission, in consultation with the Administrator of
the Environmental Protection Agency, the Secretary of Energy,
the Secretary of Homeland Security, and the head of any other
appropriate Federal agency, determines would pose a threat
similar to the threat posed by a discrete source of radium-226
to the public health and safety or the common defense and
security; and
(B) before, on, or after August 8, 2005, is extracted or
converted after extraction for use in a commercial, medical, or
research activity.
(f) The term "Commission" means the Atomic Energy Commission.
(g) The term "common defense and security" means the common
defense and security of the United States.
(h) The term "defense information" means any information in any
category determined by any Government agency authorized to classify
information, as being information respecting, relating to, or
affecting the national defense.
(i) The term "design" means (1) specifications, plans, drawings,
blueprints, and other items of like nature; (2) the information
contained therein; or (3) the research and development data
pertinent to the information contained therein.
(j) The term "extraordinary nuclear occurrence" means any event
causing a discharge or dispersal of source, special nuclear, or
byproduct material from its intended place of confinement in
amounts offsite, or causing radiation levels offsite, which the
Nuclear Regulatory Commission or the Secretary of Energy, as
appropriate, determines to be substantial, and which the Nuclear
Regulatory Commission or the Secretary of Energy, as appropriate,
determines has resulted or will probably result in substantial
damages to persons offsite or property offsite. Any determination
by the Nuclear Regulatory Commission or the Secretary of Energy, as
appropriate, that such an event has, or has not, occurred shall be
final and conclusive, and no other official or any court shall have
power or jurisdiction to review any such determination. The Nuclear
Regulatory Commission or the Secretary of Energy, as appropriate,
shall establish criteria in writing setting forth the basis upon
which such determination shall be made. As used in this subsection,
"offsite" means away from "the location" or "the contract location"
as defined in the applicable Nuclear Regulatory Commission or the
Secretary of Energy, as appropriate, indemnity agreement, entered
into pursuant to section 2210 of this title.
(k) The term "financial protection" means the ability to respond
in damages for public liability and to meet the costs of
investigating and defending claims and settling suits for such
damages.
(l) The term "Government agency" means any executive department,
commission, independent establishment, corporation, wholly or
partly owned by the United States of America which is an
instrumentality of the United States, or any board, bureau,
division, service, office, officer, authority, administration, or
other establishment in the executive branch of the Government.
(m) The term "indemnitor" means (1) any insurer with respect to
his obligations under a policy of insurance furnished as proof of
financial protection; (2) any licensee, contractor or other person
who is obligated under any other form of financial protection, with
respect to such obligations; and (3) the Nuclear Regulatory
Commission or the Secretary of Energy, as appropriate, with respect
to any obligation undertaken by it in indemnity agreement entered
into pursuant to section 2210 of this title.
(n) The term "international arrangement" means any international
agreement hereafter approved by the Congress or any treaty during
the time such agreement or treaty is in full force and effect, but
does not include any agreement for cooperation.
(o) The term "Energy Committees" means the Committee on Energy
and Natural Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives.
(p) The term "licensed activity" means an activity licensed
pursuant to this chapter and covered by the provisions of section
2210(a) of this title.
(q) The term "nuclear incident" means any occurrence, including
an extraordinary nuclear occurrence, within the United States
causing, within or outside the United States, bodily injury,
sickness, disease, or death, or loss of or damage to property, or
loss of use of property, arising out of or resulting from the
radioactive, toxic, explosive, or other hazardous properties of
source, special nuclear, or byproduct material: Provided, however,
That as the term is used in section 2210(l) of this title, it shall
include any such occurrence outside the United States: And provided
further, That as the term is used in section 2210(d) of this title,
it shall include any such occurrence outside the United States if
such occurrence involves source, special nuclear, or byproduct
material owned by, and used by or under contract with, the United
States: And provided further, That as the term is used in section
2210(c) of this title, it shall include any such occurrence outside
both the United States and any other nation if such occurrence
arises out of or results from the radioactive, toxic, explosive, or
other hazardous properties of source, special nuclear, or byproduct
material licensed pursuant to subchapters V, VI, VII, and IX of
this division, which is used in connection with the operation of a
licensed stationary production or utilization facility or which
moves outside the territorial limits of the United States in
transit from one person licensed by the Nuclear Regulatory
Commission to another person licensed by the Nuclear Regulatory
Commission.
(r) The term "operator" means any individual who manipulates the
controls of a utilization or production facility.
(s) The term "person" means (1) any individual, corporation,
partnership, firm, association, trust, estate, public or private
institution, group, Government agency other than the Commission,
any State or any political subdivision of, or any political entity
within a State, any foreign government or nation or any political
subdivision of any such government or nation, or other entity; and
(2) any legal successor, representative, agent, or agency of the
foregoing.
(t) The term "person indemnified" means (1) with respect to a
nuclear incident occurring within the United States or outside the
United States as the term is used in section 2210(c) of this title,
and with respect to any nuclear incident in connection with the
design, development, construction, operation, repair, maintenance,
or use of the nuclear ship Savannah, the person with whom an
indemnity agreement is executed or who is required to maintain
financial protection, and any other person who may be liable for
public liability or (2) with respect to any other nuclear incident
occurring outside the United States, the person with whom an
indemnity agreement is executed and any other person who may be
liable for public liability by reason of his activities under any
contract with the Secretary of Energy or any project to which
indemnification under the provisions of section 2210(d) of this
title has been extended or under any subcontract, purchase order,
or other agreement, of any tier, under any such contract or
project.
(u) The term "produce", when used in relation to special nuclear
material, means (1) to manufacture, make, produce, or refine
special nuclear material; (2) to separate special nuclear material
from other substances in which such material may be contained; or
(3) to make or to produce new special nuclear material.
(v) The term "production facility" means (1) any equipment or
device determined by rule of the Commission to be capable of the
production of special nuclear material in such quantity as to be of
significance to the common defense and security, or in such manner
as to affect the health and safety of the public; or (2) any
important component part especially designed for such equipment or
device as determined by the Commission. Except with respect to the
export of a uranium enrichment production facility, such term as
used in subchapters IX and XV of this division shall not include
any equipment or device (or important component part especially
designed for such equipment or device) capable of separating the
isotopes of uranium or enriching uranium in the isotope 235.
(w) The term "public liability" means any legal liability arising
out of or resulting from a nuclear incident or precautionary
evacuation (including all reasonable additional costs incurred by a
State, or a political subdivision of a State, in the course of
responding to a nuclear incident or a precautionary evacuation),
except: (i) claims under State or Federal workmen's compensation
acts of employees of persons indemnified who are employed at the
site of and in connection with the activity where the nuclear
incident occurs; (ii) claims arising out of an act of war; and
(iii) whenever used in subsections (a), (c), and (k) of section
2210 of this title, claims for loss of, or damage to, or loss of
use of property which is located at the site of and used in
connection with the licensed activity where the nuclear incident
occurs. "Public liability" also includes damage to property of
persons indemnified: Provided, That such property is covered under
the terms of the financial protection required, except property
which is located at the site of and used in connection with the
activity where the nuclear incident occurs.
(x) The term "research and development" means (1) theoretical
analysis, exploration, or experimentation; or (2) the extension of
investigative findings and theories of a scientific or technical
nature into practical application for experimental and
demonstration purposes, including the experimental production and
testing of models, devices, equipment, materials, and processes.
(y) The term "Restricted Data" means all data concerning (1)
design, manufacture, or utilization of atomic weapons; (2) the
production of special nuclear material; or (3) the use of special
nuclear material in the production of energy, but shall not include
data declassified or removed from the Restricted Data category
pursuant to section 2162 of this title.
(z) The term "source material" means (1) uranium, thorium, or any
other material which is determined by the Commission pursuant to
the provisions of section 2091 of this title to be source material;
or (2) ores containing one or more of the foregoing materials, in
such concentration as the Commission may by regulation determine
from time to time.
(aa) The term "special nuclear material" means (1) plutonium,
uranium enriched in the isotope 233 or in the isotope 235, and any
other material which the Commission, pursuant to the provisions of
section 2071 of this title, determines to be special nuclear
material, but does not include source material; or (2) any material
artificially enriched by any of the foregoing, but does not include
source material.
(bb) The term "United States" when used in a geographical sense
includes all territories and possessions of the United States, the
Canal Zone and Puerto Rico.
(cc) The term "utilization facility" means (1) any equipment or
device, except an atomic weapon, determined by rule of the
Commission to be capable of making use of special nuclear material
in such quantity as to be of significance to the common defense and
security, or in such manner as to affect the health and safety of
the public, or peculiarly adapted for making use of atomic energy
in such quantity as to be of significance to the common defense and
security, or in such manner as to affect the health and safety of
the public; or (2) any important component part especially designed
for such equipment or device as determined by the Commission.
(dd) The terms "high-level radioactive waste" and "spent nuclear
fuel" have the meanings given such terms in section 10101 of this
title.
(ee) The term "transuranic waste" means material contaminated
with elements that have an atomic number greater than 92, including
neptunium, plutonium, americium, and curium, and that are in
concentrations greater than 10 nanocuries per gram, or in such
other concentrations as the Nuclear Regulatory Commission may
prescribe to protect the public health and safety.
(ff) The term "nuclear waste activities", as used in section 2210
of this title, means activities subject to an agreement of
indemnification under subsection (d) of such section, that the
Secretary of Energy is authorized to undertake, under this chapter
or any other law, involving the storage, handling, transportation,
treatment, or disposal of, or research and development on, spent
nuclear fuel, high-level radioactive waste, or transuranic waste,
including (but not limited to) activities authorized to be carried
out under the Waste Isolation Pilot Project under section 213 of
Public Law 96-164 (93 Stat. 1265).
(gg) The term "precautionary evacuation" means an evacuation of
the public within a specified area near a nuclear facility, or the
transportation route in the case of an accident involving
transportation of source material, special nuclear material,
byproduct material, high-level radioactive waste, spent nuclear
fuel, or transuranic waste to or from a production or utilization
facility, if the evacuation is -
(1) the result of any event that is not classified as a nuclear
incident but that poses imminent danger of bodily injury or
property damage from the radiological properties of source
material, special nuclear material, byproduct material, high-
level radioactive waste, spent nuclear fuel, or transuranic
waste, and causes an evacuation; and
(2) initiated by an official of a State or a political
subdivision of a State, who is authorized by State law to
initiate such an evacuation and who reasonably determined that
such an evacuation was necessary to protect the public health and
safety.
(hh) The term "public liability action", as used in section 2210
of this title, means any suit asserting public liability. A public
liability action shall be deemed to be an action arising under
section 2210 of this title, and the substantive rules for decision
in such action shall be derived from the law of the State in which
the nuclear incident involved occurs, unless such law is
inconsistent with the provisions of such section.
(jj) (!1) Legal Costs. - As used in section 2210 of this title,
the term "legal costs" means the costs incurred by a plaintiff or a
defendant in initiating, prosecuting, investigating, settling, or
defending claims or suits for damage arising under such section.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 11, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 922; amended Aug. 6, 1956, ch. 1015,
Sec. 1, 70 Stat. 1069; Pub. L. 85-256, Sec. 3, Sept. 2, 1957, 71
Stat. 576; Pub. L. 85-602, Sec. 1, Aug. 8, 1958, 72 Stat. 525; Pub.
L. 87-206, Secs. 2, 3, Sept. 6, 1961, 75 Stat. 476; Pub. L. 87-615,
Secs. 4, 5, Aug. 29, 1962, 76 Stat. 410; Pub. L. 89-645, Sec. 1(a),
Oct. 13, 1966, 80 Stat. 891; Pub. L. 94-197, Sec. 1, Dec. 31, 1975,
89 Stat. 1111; Pub. L. 95-604, title II, Sec. 201, Nov. 8, 1978, 92
Stat. 3033; Pub. L. 100-408, Secs. 4(b)-5(b), 11(b), (d)(2),
16(a)(1), (b)(1), (2), (d)(1)-(3), Aug. 20, 1988, 102 Stat. 1069,
1070, 1076, 1078-1080; Pub. L. 101-575, Sec. 5(a), Nov. 15, 1990,
104 Stat. 2835; renumbered title I and amended Pub. L. 102-486,
title IX, Sec. 902(a)(8), title XI, Sec. 1102, Oct. 24, 1992, 106
Stat. 2944, 2955; Pub. L. 103-437, Sec. 15(f)(1), Nov. 2, 1994, 108
Stat. 4592; Pub. L. 104-134, title III, Sec. 3116(b)(1), Apr. 26,
1996, 110 Stat. 1321-349; Pub. L. 109-58, title VI, Sec. 651(e)(1),
Aug. 8, 2005, 119 Stat. 806.)
-REFTEXT-
REFERENCES IN TEXT
For definition of Canal Zone, referred to in subsec. (bb), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
Section 213 of Public Law 96-164, referred to in subsec. (ff), is
Pub. L. 96-164, title II, Sec. 213, Dec. 29, 1979, 93 Stat. 1265,
which is not classified to the Code.
-MISC1-
PRIOR PROVISIONS
Provisions similar to those comprising this section were
contained in section 18 of act Aug. 1, 1946, ch. 724, 60 Stat. 774,
which was classified to section 1818 of this title, prior to the
general amendment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.
AMENDMENTS
2005 - Subsec. (e). Pub. L. 109-58 substituted "means - " for
"means", realigned margins of pars. (1) and (2), and added pars.
(3) and (4).
1996 - Subsec. (v). Pub. L. 104-134, which directed the amendment
of subsec. (v) by striking out "or the construction and operation
of a uranium enrichment facility using Atomic Vapor Laser Isotope
Separation technology", was executed by striking out "or the
construction and operation of a uranium enrichment production
facility using Atomic Vapor Laser Isotope Separation technology"
before ", such term as used", to reflect the probable intent of
Congress.
1994 - Subsec. (o). Pub. L. 103-437 substituted " 'Energy
Committees' means the Committee on Energy and Natural Resources of
the Senate and the Committee on Energy and Commerce of the House of
Representatives" for " 'Joint Committee' means the Joint Committee
on Atomic Energy".
1992 - Subsec. (v). Pub. L. 102-486 amended last sentence
generally. Prior to amendment, last sentence read as follows:
"Except with respect to the export of a uranium enrichment
production facility, such term as used in subchapters IX and XV of
this division shall not include any equipment or device (or
important component part especially designed for such equipment or
device) capable of separating the isotopes of uranium or enriching
uranium in the isotope 235."
1990 - Subsec. (v). Pub. L. 101-575 inserted at end "Except with
respect to the export of a uranium enrichment production facility,
such term as used in subchapters IX and XV of this chapter shall
not include any equipment or device (or important component part
especially designed for such equipment or device) capable of
separating the isotopes of uranium or enriching uranium in the
isotope 235."
1988 - Subsecs. (j), (m). Pub. L. 100-408, Sec. 16(b)(1),
substituted "Nuclear Regulatory Commission or the Secretary of
Energy, as appropriate," for "Commission" wherever appearing.
Subsec. (q). Pub. L. 100-408, Sec. 16(d)(1), substituted
"section" for "subsection" in three places, which for purposes of
codification was translated as "section", thus requiring no change
in text.
Pub. L. 100-408, Sec. 16(a)(1), substituted "Nuclear Regulatory
Commission" for "Commission" wherever appearing.
Subsec. (t). Pub. L. 100-408, Sec. 16(d)(2), substituted
"section" for "subsection" in two places, which for purposes of
codification was translated as "section", thus requiring no change
in text.
Pub. L. 100-408, Sec. 16(b)(2), substituted "Secretary of Energy"
for "Commission" in cl. (2).
Subsec. (w). Pub. L. 100-408, Sec. 16(d)(3), substituted
"subsections (a), (c), and (k) of section 2210 of this title" for
"section 2210(a), (c), and (k) of this title".
Pub. L. 100-408, Sec. 5(a), inserted "or precautionary evacuation
(including all reasonable additional costs incurred by a State, or
a political subdivision of a State, in the course of responding to
a nuclear incident or a precautionary evacuation)" after first
reference to "nuclear incident".
Subsecs. (dd) to (ff). Pub. L. 100-408, Sec. 4(b), added subsecs.
(dd) to (ff).
Subsec. (gg). Pub. L. 100-408, Sec. 5(b), added subsec. (gg).
Subsec. (hh). Pub. L. 100-408, Sec. 11(b), added subsec. (hh).
Subsec. (jj). Pub. L. 100-408, Sec. 11(d)(2), added subsec. (jj).
1978 - Subsec. (e). Pub. L. 95-604 designated existing provisions
as cl. (1) and added cl. (2).
1975 - Subsec. (q). Pub. L. 94-197 substituted "source, special
nuclear, or byproduct material" for "facility or device" and
inserted proviso to include within term as used in section 2210(c)
of this title any occurrence outside both the United States and any
other nation.
Subsec. (t). Pub. L. 94-197 expanded definition to include
nuclear incidents occurring outside the United States as the term
is used in section 2210(c) of this title and inserted reference to
person required to maintain financial protection.
1966 - Subsec. (j). Pub. L. 89-645, Sec. 1(a)(2), added subsec.
(j). Former subsec. (j) redesignated (k).
Subsecs. (k), (l). Pub. L. 89-645, Sec. 1(a)(1), redesignated
former subsecs. (j) and (k) as (k) and (l), respectively. Former
subsec. (l) redesignated (n).
Subsec. (m). Pub. L. 89-645, Sec. 1(a)(3), added subsec. (m).
Former subsec. (m) redesignated (o).
Subsecs. (n) to (p). Pub. L. 89-645, Sec. 1(a)(1), redesignated
former subsecs. (l) to (n) as (n) to (p), respectively. Former
subsecs. (n) to (p) redesignated (p) to (r), respectively.
Subsec. (q). Pub. L. 89-645, Sec. 1(a)(1), (4), redesignated
former subsec. (o) as (q) and inserted ", including an
extraordinary nuclear occurrence," between "occurrence" and
"within", respectively. Former subsec. (q) redesignated (s).
Subsecs. (r) to (cc). Pub. L. 89-645, Sec. 1(a)(1), redesignated
former subsecs. (p) to (aa) as (r) to (cc), respectively.
1962 - Subsec. (o). Pub. L. 87-615, Sec. 4, enlarged definition
of "nuclear incident" to include any occurrence within the United
States causing any of the listed injuries and damages within or
outside the United States, provided that as used in section 2210(l)
of this title, term shall "include" instead of "mean" any such
occurrence outside the United States, and that as used in section
2210(d) of this title, the term shall include any such occurrence
outside the United States if such occurrence involves a facility or
devise owned by, and used by or under contract with, the United
States.
Subsec. (r). Pub. L. 87-615, Sec. 5, limited definition of
"person indemnified" to nuclear incidents occurring within the
United States, or in connection with the nuclear ship Savannah, and
inserted provisions with respect to nuclear incidents occurring
outside the United States.
1961 - Subsec. (b). Pub. L. 87-206, Sec. 2, included section
2121(c) of this title in enumeration.
Subsec. (u). Pub. L. 87-206, Sec. 3, designated existing
provisions as cls. (i) and (ii) and added cl. (iii).
1958 - Subsec. (o). Pub. L. 85-602 inserted proviso defining
"nuclear incident" as it is used in section 2210(l) of this title.
1957 - Subsec. (j). Pub. L. 85-256 added subsec. (j). Former
subsec. (j) redesignated (k).
Subsecs. (k) to (m). Pub. L. 85-256, redesignated former subsecs.
(j) to (l) as (k) to (m), respectively. Former subsec. (m)
redesignated (p).
Subsec. (n). Pub. L. 85-256 added subsec. (n). Former subsec. (n)
redesignated (q).
Subsec. (o). Pub. L. 85-256 added subsec. (o). Former subsec. (o)
redesignated (s).
Subsecs. (p), (q). Pub. L. 85-256 redesignated former subsecs.
(m) and (n) as (p) and (q), respectively. Former subsecs. (p) and
(q) redesignated (t) and (u), respectively.
Subsec. (r). Pub. L. 85-256 added subsec. (r). Former subsec. (r)
redesignated (w).
Subsecs. (s), (t). Pub. L. 85-256 redesignated former subsecs.
(o) and (p) as (s) and (t), respectively. Former subsecs. (s) and
(t) redesignated (x) and (y), respectively.
Subsec. (u). Pub. L. 85-256 added subsec. (u). Former subsec. (u)
redesignated (z).
Subsecs. (v) to (aa). Pub. L. 85-256 redesignated former subsecs.
(q) to (v) as (v) to (aa), respectively.
1956 - Subsec. (u). Act Aug. 6, 1956, substituted "the Canal Zone
and Puerto Rico" for "and the Canal Zone".
-CHANGE-
CHANGE OF NAME
Committee on Energy and Commerce of House of Representatives
treated as referring to Committee on Commerce of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress. Committee on
Commerce of House of Representatives changed to Committee on Energy
and Commerce of House of Representatives, and jurisdiction over
matters relating to securities and exchanges and insurance
generally transferred to Committee on Financial Services of House
of Representatives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
-MISC2-
EFFECTIVE DATE OF 1988 AMENDMENT
Section 20 of Pub. L. 100-408 provided that:
"(a) Except as provided in subsection (b), the amendments made by
this Act [enacting section 2282a of this title and amending this
section and sections 2210 and 2273 of this title] shall become
effective on the date of the enactment of this Act [Aug. 20, 1988]
and shall be applicable with respect to nuclear incidents occurring
on or after such date.
"(b)(1) The amendments made by section 11 [amending this section
and section 2210 of this title] shall apply to nuclear incidents
occurring before, on, or after the date of the enactment of this
Act.
"(2)(A) Section 234A of the Atomic Energy Act of 1954 [section
2282a of this title] shall not apply to any violation occurring
before the date of the enactment of this Act.
"(B) Section 223 c. of the Atomic Energy Act of 1954 [section
2273(c) of this title] shall not apply to any violation occurring
before the date of enactment of this Act."
EFFECTIVE DATE OF 1978 AMENDMENT
Section 208 of Pub. L. 95-604 provided that: "Except as otherwise
provided in this title [see section 202(b) of Pub. L. 95-604, set
out as an Effective Date note under section 2113 of this title] the
amendments made by this title [enacting sections 2022 and 2114 of
this title, amending this section and sections 2021, 2111, and 2201
of this title, and enacting provisions set out as notes under
sections 2021 and 2113 of this title] shall take effect on the date
of the enactment of this Act [Nov. 8, 1978]."
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-FOOTNOTE-
(!1) So in original. No subsec. (ii) has been enacted.
-End-
-CITE-
42 USC Sec. 2015 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2015. Transfer of property
-STATUTE-
Nothing in this chapter shall be deemed to repeal, modify, amend,
or alter the provisions of section 9(a) of the Atomic Energy Act of
1946, as heretofore amended.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 241, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 960; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-REFTEXT-
REFERENCES IN TEXT
Section 9(a) of the Atomic Energy Act of 1946, as heretofore
amended, referred to in text, which was formerly classified to
section 1809(a) of this title, provided that: "The President shall
direct the transfer to the Commission of all interests owned by the
United States or any Government agency in the following property:
"(1) All fissionable material; all atomic weapons and parts
thereof; all facilities, equipment, and materials for the
processing, production, or utilization of fissionable material or
atomic energy; all processes and technical information of any kind,
and the source thereof (including data, drawings, specifications,
patents, patent applications, and other sources (relating to the
processing, production, or utilization of fissionable material or
atomic energy; and all contracts, agreements, leases, patents,
applications for patents, inventions and discoveries (whether
patented or unpatented), and other rights of any kind concerning
any such items;
"(2) All facilities, equipment, and materials, devoted primarily
to atomic energy research and development; and
"(3) Such other property owned by or in the custody or control of
the Manhattan Engineer District or other Government agencies as the
President may determine."
-MISC1-
PRIOR PROVISIONS
Provisions similar to those comprising this section were
contained in section 9 of act Aug. 1, 1946, ch. 724, 60 Stat. 765,
which was classified to section 1809 of this title, prior to the
complete amendment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2015a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2015a. Cold standby
-STATUTE-
The Secretary is authorized to expend such funds as may be
necessary for the purposes of maintaining enrichment capability at
the Portsmouth, Ohio, facility.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 242, as added Pub. L. 107-
222, Sec. 1(d)(1), Aug. 21, 2002, 116 Stat. 1336.)
-End-
-CITE-
42 USC Sec. 2015b 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2015b. Scholarship and fellowship program
-STATUTE-
(a) Scholarship program
To enable students to study, for at least 1 academic semester or
equivalent term, science, engineering, or another field of study
that the Commission determines is in a critical skill area related
to the regulatory mission of the Commission, the Commission may
carry out a program to -
(1) (!1) award scholarships to undergraduate students who -
(A) are United States citizens; and
(B) enter into an agreement under subsection (c) of this
section to be employed by the Commission in the area of study
for which the scholarship is awarded.
(b) Fellowship program
To enable students to pursue education in science, engineering,
or another field of study that the Commission determines is in a
critical skill area related to its regulatory mission, in a
graduate or professional degree program offered by an institution
of higher education in the United States, the Commission may carry
out a program to -
(1) (!1) award fellowships to graduate students who -
(A) are United States citizens; and
(B) enter into an agreement under subsection (c) of this
section to be employed by the Commission in the area of study
for which the fellowship is awarded.
(c) Requirements
(1) In general
As a condition of receiving a scholarship or fellowship under
subsection (a) or (b) of this section, a recipient of the
scholarship or fellowship shall enter into an agreement with the
Commission under which, in return for the assistance, the
recipient shall -
(A) maintain satisfactory academic progress in the studies of
the recipient, as determined by criteria established by the
Commission;
(B) agree that failure to maintain satisfactory academic
progress shall constitute grounds on which the Commission may
terminate the assistance;
(C) on completion of the academic course of study in
connection with which the assistance was provided, and in
accordance with criteria established by the Commission, engage
in employment by the Commission for a period specified by the
Commission, that shall be not less than 1 time and not more
than 3 times the period for which the assistance was provided;
and
(D) if the recipient fails to meet the requirements of
subparagraph (A), (B), or (C), reimburse the United States
Government for -
(i) the entire amount of the assistance provided the
recipient under the scholarship or fellowship; and
(ii) interest at a rate determined by the Commission.
(2) Waiver or suspension
The Commission may establish criteria for the partial or total
waiver or suspension of any obligation of service or payment
incurred by a recipient of a scholarship or fellowship under this
section.
(d) Competitive process
Recipients of scholarships or fellowships under this section
shall be selected through a competitive process primarily on the
basis of academic merit and such other criteria as the Commission
may establish, with consideration given to financial need and the
goal of promoting the participation of individuals identified in
section 1885a or 1885b of this title.
(e) Direct appointment
The Commission may appoint directly, with no further competition,
public notice, or consideration of any other potential candidate,
an individual who has -
(1) received a scholarship or fellowship awarded by the
Commission under this section; and
(2) completed the academic program for which the scholarship or
fellowship was awarded.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 243, as added Pub. L. 109-58,
title VI, Sec. 622(a), Aug. 8, 2005, 119 Stat. 782.)
-FOOTNOTE-
(!1) So in original. No par. (2) has been enacted.
-End-
-CITE-
42 USC Sec. 2015c 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2015c. Partnership program with institutions of higher
education
-STATUTE-
(a) Definitions
In this section:
(1) Hispanic-serving institution
The term "Hispanic-serving institution" has the meaning given
the term in section 1101a(a) of title 20.
(2) Historically Black college and university
The term "historically Black college or university" has the
meaning given the term "part B institution" in section 1061 of
title 20.
(3) Tribal college
The term "Tribal college" has the meaning given the term
"tribally controlled college or university" in section 1801(a) of
title 25.
(b) Partnership program
The Commission may establish and participate in activities
relating to research, mentoring, instruction, and training with
institutions of higher education, including Hispanic-serving
institutions, historically Black colleges or universities, and
Tribal colleges, to strengthen the capacity of the institutions -
(1) to educate and train students (including present or
potential employees of the Commission); and
(2) to conduct research in the field of science, engineering,
or law, or any other field that the Commission determines is
important to the work of the Commission.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 244, as added Pub. L. 109-58,
title VI, Sec. 651(c)(4)(A), Aug. 8, 2005, 119 Stat. 802.)
-End-
-CITE-
42 USC Sec. 2016 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2016. Repealed. Pub. L. 105-85, div. C, title XXXI, Sec.
3152(a)(1), Nov. 18, 1997, 111 Stat. 2042
-MISC1-
Section, act Aug. 1, 1946, ch. 724, title I, Sec. 251, as added
Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 960; amended June 11,
1959, Pub. L. 86-43, 73 Stat. 73; renumbered title I, Oct. 24,
1992, Pub. L. 102-486, title IX, Sec. 902(a)(8), 106 Stat. 2944,
required Commission to submit to Congress annual report on its
activities.
-End-
-CITE-
42 USC Sec. 2017 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2017. Authorization of appropriations
-STATUTE-
(a) Congressional authorization
No appropriation shall be made to the Commission, nor shall the
Commission waive charges for the use of materials under the
Cooperative Power Reactor Demonstration Program, unless previously
authorized by legislation enacted by the Congress.
(b) Accounting
Any Act appropriating funds to the Commission may appropriate
specified portions thereof to be accounted for upon the
certification of the Commission only.
(c) Restoration or replacement of facilities
Notwithstanding the provisions of subsection (a) of this section,
funds are hereby authorized to be appropriated for the restoration
or replacement of any plant or facility destroyed or otherwise
seriously damaged, and the Commission is authorized to use
available funds for such purposes.
(d) Substituted construction projects
Funds authorized to be appropriated for any construction project
to be used in connection with the development or production of
special nuclear material or atomic weapons may be used to start
another construction project not otherwise authorized if the
substituted construction project is within the limit of cost of the
construction project for which substitution is to be made, and the
Commission certifies that -
(1) the substituted project is essential to the common defense
and security;
(2) the substituted project is required by changes in weapon
characteristics or weapon logistic operations; and
(3) the Commission is unable to enter into a contract with any
person on terms satisfactory to it to furnish from a privately
owned plant or facility the product or services to be provided by
the new project.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 261, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 960; amended Pub. L. 85-79, Sec. 1, July
3, 1957, 71 Stat. 274; Pub. L. 87-615, Sec. 8, Aug. 29, 1962, 76
Stat. 411; Pub. L. 88-72, Sec. 107, July 22, 1963, 77 Stat. 88;
renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to those comprising this section were
contained in section 19 of act Aug. 1, 1946, ch. 724, 60 Stat. 775,
which was classified to section 1819 of this title, prior to the
general amendment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.
AMENDMENTS
1963 - Subsec. (a). Pub. L. 88-72 required legislative
authorization of appropriations to the Commission and waiver of
charges for use of materials under the Cooperative Power Reactor
Demonstration Program. Former provisions of subsec. (a) authorized
appropriations necessary and appropriate to carry out the
provisions and purposes of this chapter, excepting in par. (1) sums
necessary for acquisition of real property or facility acquisition,
construction or expansion (and deeming under certain conditions a
nonmilitary experimental reactor to be a facility) and in par. (2)
sums necessary to carry out cooperative programs for development
and construction of reactors for demonstration of their use in
production of electrical power or process heat, or for propulsion,
or for commercial provision of byproduct material, irradiation or
other special service, for civilian use, by arrangements providing
for payment of funds, rendering of services and undertaking of
research and development without full reimbursement, the waiver of
charges accompanying such arrangement or the provision of other
financial assistance pursuant to such arrangement or the
acquisition of real property or facility acquisition, construction
or expansion undertaken by the Commission as part of such
arrangement.
Subsec. (b). Pub. L. 88-72 substituted "Any act appropriating
funds to the Commission" for "The acts appropriating such sums."
Subsec. (c). Pub. L. 88-72 struck out authorization of funds
provision for advance planning, construction design and
architectural services in connection with any plant or facility and
inserted "Notwithstanding" phrase.
Subsec. (d). Pub. L. 88-72 struck out "hereafter" after "Funds"
and inserted "construction" before "project" wherever appearing.
1962 - Subsecs. (c), (d). Pub. L. 87-615 added subsecs. (c) and
(d).
1957 - Pub. L. 85-79 designated first sentence as introductory
clause of subsec. (a) and as (a)(1), inserted proviso to (a)(1),
added (a)(2), by designating second sentence as subsec. (b), and
struck out former sentence which provided that "Funds appropriated
to the Commission shall, if obligated by contract during the fiscal
year for which appropriated, remain available for expenditure for
four years following the expiration of the fiscal year for which
appropriated.".
EFFECTIVE DATE OF 1963 AMENDMENT
Section 107 of Pub. L. 88-72 provided that the amendment made by
that section is effective Jan. 1, 1964.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2017a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2017a. Omitted
-COD-
CODIFICATION
Section, act Sept. 26, 1962, Pub. L. 87-701, Sec. 103, 76 Stat.
601, which authorized appropriations for the Atomic Energy
Commission for advance planning, construction design, and
architectural services in connection with certain projects, was
from an Act authorizing appropriations for the Atomic Energy
Commission, and was not enacted as part of the Atomic Energy Act of
1954 which comprises this chapter. See section 2017a-1 of this
title.
Similar provisions were contained in the following prior
appropriation authorization acts:
Sept. 26, 1961, Pub. L. 87-315, Sec. 103, 75 Stat. 678.
May 13, 1960, Pub. L. 86-457, Sec. 103, 74 Stat. 121.
June 23, 1959, Pub. L. 86-50, Sec. 103, 73 Stat. 83.
Aug. 4, 1958, Pub. L. 85-590, Sec. 103, 72 Stat. 493.
Aug. 21, 1957, Pub. L. 85-162, title I, Sec. 103, 71 Stat. 406.
May 3, 1956, ch. 233, Sec. 103, 70 Stat. 129.
July 11, 1955, ch. 304, Sec. 103, 69 Stat. 293.
-End-
-CITE-
42 USC Sec. 2017a-1 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2017a-1. Omitted
-COD-
CODIFICATION
Section, Pub. L. 95-39, title III, Sec. 304, June 3, 1977, 91
Stat. 189, which authorized the Administrator of the Energy
Research and Development Administration to perform construction
design services for any Administration construction project
whenever the Administrator made certain determinations, was from an
Act authorizing appropriations for fiscal year 1977 to the Energy
Research and Development Administration, and was not enacted as
part of the Atomic Energy Act of 1954 which comprises this chapter.
See section 5821(g) of this title.
Similar provisions were contained in the following prior
appropriation authorization acts:
Pub. L. 94-187, title III, Sec. 301, Dec. 31, 1975, 89 Stat.
1073.
Pub. L. 93-276, title I, Sec. 103, May 10, 1974, 88 Stat. 118.
Pub. L. 93-60, Sec. 103, July 6, 1973, 87 Stat. 144.
Pub. L. 92-314, title I, Sec. 103, June 16, 1972, 86 Stat. 225.
Pub. L. 92-84, title I, Sec. 103, Aug. 11, 1971, 85 Stat. 306.
Pub. L. 91-273, Sec. 103, June 2, 1970, 84 Stat. 300.
Pub. L. 91-44, Sec. 103, July 11, 1969, 83 Stat. 47.
Pub. L. 90-289, Sec. 103, Apr. 19, 1968, 82 Stat. 97.
Pub. L. 90-56, Sec. 103, July 26, 1967, 81 Stat. 125.
Pub. L. 89-428, Sec. 103, May 21, 1966, 80 Stat. 163.
Pub. L. 89-32, Sec. 103, June 2, 1965, 79 Stat. 122.
Pub. L. 88-332, Sec. 104, June 30, 1964, 78 Stat. 229.
-End-
-CITE-
42 USC Sec. 2017b 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2017b. Omitted
-COD-
CODIFICATION
Section, act Sept. 26, 1962, Pub. L. 87-701, Sec. 104, 76 Stat.
601, which authorized appropriations for the Atomic Energy
Commission for restoration or replacement of facilities, was from
an Act authorizing appropriations for the Atomic Energy Commission,
and was not enacted as part of the Atomic Energy Act of 1954 which
comprises this chapter. See section 2017(c) of this title.
Similar provisions were contained in the following prior
appropriation authorization acts:
Sept. 26, 1961, Pub. L. 87-315, Sec. 104, 75 Stat. 678.
May 13, 1960, Pub. L. 86-457, Sec. 104, 74 Stat. 122.
June 23, 1959, Pub. L. 86-50, Sec. 104, 73 Stat. 83.
Aug. 4, 1958, Pub. L. 85-590, 72 Stat. 493.
Aug. 21, 1957, Pub. L. 85-162, title I, Sec. 104, 71 Stat. 406.
May 3, 1956, ch. 233, Sec. 104, 70 Stat. 129.
July 11, 1955, ch. 304, Sec. 104, 69 Stat. 293.
-End-
-CITE-
42 USC Sec. 2018 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2018. Agency jurisdiction
-STATUTE-
Nothing in this chapter shall be construed to affect the
authority or regulations of any Federal, State, or local agency
with respect to the generation, sale, or transmission of electric
power produced through the use of nuclear facilities licensed by
the Commission: Provided, That this section shall not be deemed to
confer upon any Federal, State, or local agency any authority to
regulate, control, or restrict any activities of the Commission.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 271, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 960; amended Pub. L. 89-135, Aug. 24,
1965, 79 Stat. 551; renumbered title I, Pub. L. 102-486, title IX,
Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1965 - Pub. L. 89-135 inserted "produced through the use of
nuclear facilities licensed by the Commission: Provided, That this
section shall not be deemed to confer upon any Federal, State, or
local agency any authority to regulate, control, or restrict any
activities of the Commission."
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2019 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2019. Applicability of Federal Power Act
-STATUTE-
Every licensee under this chapter who holds a license from the
Commission for a utilization or production facility for the
generation of commercial electric energy under section 2133 of this
title and who transmits such electric energy in interstate commerce
or sells it at wholesale in interstate commerce shall be subject to
the regulatory provisions of the Federal Power Act [16 U.S.C. 791a
et seq.].
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 272, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 960; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in text, is act June 10, 1920,
ch. 285, 41 Stat. 1063, as amended, which is classified generally
to chapter 12 (Sec. 791a et seq.) of Title 16, Conservation. For
complete classification of this Act to the Code, see section 791a
of Title 16 and Tables.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2020 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2020. Licensing of Government agencies
-STATUTE-
Nothing in this chapter shall preclude any Government agency now
or hereafter authorized by law to engage in the production,
marketing, or distribution of electric energy from obtaining a
license under section 2133 of this title, if qualified under the
provisions of said section, for the construction and operation of
production or utilization facilities for the primary purpose of
producing electric energy for disposition for ultimate public
consumption.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 273, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 960; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2021 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2021. Cooperation with States
-STATUTE-
(a) Purpose
It is the purpose of this section -
(1) to recognize the interests of the States in the peaceful
uses of atomic energy, and to clarify the respective
responsibilities under this chapter of the States and the
Commission with respect to the regulation of byproduct, source,
and special nuclear materials;
(2) to recognize the need, and establish programs for,
cooperation between the States and the Commission with respect to
control of radiation hazards associated with use of such
materials;
(3) to promote an orderly regulatory pattern between the
Commission and State governments with respect to nuclear
development and use and regulation of byproduct, source, and
special nuclear materials;
(4) to establish procedures and criteria for discontinuance of
certain of the Commission's regulatory responsibilities with
respect to byproduct, source, and special nuclear materials, and
the assumption thereof by the States;
(5) to provide for coordination of the development of radiation
standards for the guidance of Federal agencies and cooperation
with the States; and
(6) to recognize that, as the States improve their capabilities
to regulate effectively such materials, additional legislation
may be desirable.
(b) Agreements with States
Except as provided in subsection (c) of this section, the
Commission is authorized to enter into agreements with the Governor
of any State providing for discontinuance of the regulatory
authority of the Commission under subchapters V, VI, and VII of
this division, and section 2201 of this title, with respect to any
one or more of the following materials within the State:
(1) Byproduct materials (as defined in section 2014(e) of this
title).
(2) Source materials.
(3) Special nuclear materials in quantities not sufficient to
form a critical mass.
During the duration of such an agreement it is recognized that the
State shall have authority to regulate the materials covered by the
agreement for the protection of the public health and safety from
radiation hazards.
(c) Commission regulation of certain activities
No agreement entered into pursuant to subsection (b) of this
section shall provide for discontinuance of any authority and the
Commission shall retain authority and responsibility with respect
to regulation of -
(1) the construction and operation of any production or
utilization facility or any uranium enrichment facility;
(2) the export from or import into the United States of
byproduct, source, or special nuclear material, or of any
production or utilization facility;
(3) the disposal into the ocean or sea of byproduct, source, or
special nuclear waste materials as defined in regulations or
orders of the Commission;
(4) the disposal of such other byproduct, source, or special
nuclear material as the Commission determines by regulation or
order should, because of the hazards or potential hazards
thereof, not be so disposed of without a license from the
Commission.
The Commission shall also retain authority under any such agreement
to make a determination that all applicable standards and
requirements have been met prior to termination of a license for
byproduct material, as defined in section 2014(e)(2) of this title.
Notwithstanding any agreement between the Commission and any State
pursuant to subsection (b) of this section, the Commission is
authorized by rule, regulation, or order to require that the
manufacturer, processor, or producer of any equipment, device,
commodity, or other product containing source, byproduct, or
special nuclear material shall not transfer possession or control
of such product except pursuant to a license issued by the
Commission.
(d) Conditions
The Commission shall enter into an agreement under subsection (b)
of this section with any State if -
(1) The Governor of that State certifies that the State has a
program for the control of radiation hazards adequate to protect
the public health and safety with respect to the materials within
the State covered by the proposed agreement, and that the State
desires to assume regulatory responsibility for such materials;
and
(2) the Commission finds that the State program is in
accordance with the requirements of subsection (o) of this
section and in all other respects compatible with the
Commission's program for the regulation of such materials, and
that the State program is adequate to protect the public health
and safety with respect to the materials covered by the proposed
agreement.
(e) Publication in Federal Register; comment of interested persons
(1) Before any agreement under subsection (b) of this section is
signed by the Commission, the terms of the proposed agreement and
of proposed exemptions pursuant to subsection (f) of this section
shall be published once each week for four consecutive weeks in the
Federal Register; and such opportunity for comment by interested
persons on the proposed agreement and exemptions shall be allowed
as the Commission determines by regulation or order to be
appropriate.
(2) Each proposed agreement shall include the proposed effective
date of such proposed agreement or exemptions. The agreement and
exemptions shall be published in the Federal Register within thirty
days after signature by the Commission and the Governor.
(f) Exemptions
The Commission is authorized and directed, by regulation or
order, to grant such exemptions from the licensing requirements
contained in subchapters V, VI, and VII of this division, and from
its regulations applicable to licensees as the Commission finds
necessary or appropriate to carry out any agreement entered into
pursuant to subsection (b) of this section.
(g) Compatible radiation standards
The Commission is authorized and directed to cooperate with the
States in the formulation of standards for protection against
hazards of radiation to assure that State and Commission programs
for protection against hazards of radiation will be coordinated and
compatible.
(h) Consultative, advisory, and miscellaneous functions of
Administrator of Environmental Protection Agency
The Administrator of the Environmental Protection Agency shall
consult qualified scientists and experts in radiation matters,
including the President of the National Academy of Sciences, the
Chairman of the National Committee on Radiation Protection and
Measurement, and qualified experts in the field of biology and
medicine and in the field of health physics. The Special Assistant
to the President for Science and Technology, or his designee, is
authorized to attend meetings with, participate in the
deliberations of, and to advise the Administrator. The
Administrator shall advise the President with respect to radiation
matters, directly or indirectly affecting health, including
guidance for all Federal agencies in the formulation of radiation
standards and in the establishment and execution of programs of
cooperation with States. The Administrator shall also perform such
other functions as the President may assign to him by Executive
order.
(i) Inspections and other functions; training and other assistance
The Commission in carrying out its licensing and regulatory
responsibilities under this chapter is authorized to enter into
agreements with any State, or group of States, to perform
inspections or other functions on a cooperative basis as the
Commission deems appropriate. The Commission is also authorized to
provide training, with or without charge, to employees of, and such
other assistance to, any State or political subdivision thereof or
group of States as the Commission deems appropriate. Any such
provision or assistance by the Commission shall take into account
the additional expenses that may be incurred by a State as a
consequence of the State's entering into an agreement with the
Commission pursuant to subsection (b) of this section.
(j) Reserve power to terminate or suspend agreements; emergency
situations; State nonaction on causes of danger; authority
exercisable only during emergency and commensurate with danger
(1) The Commission, upon its own initiative after reasonable
notice and opportunity for hearing to the State with which an
agreement under subsection (b) of this section has become
effective, or upon request of the Governor of such State, may
terminate or suspend all or part of its agreement with the State
and reassert the licensing and regulatory authority vested in it
under this chapter, if the Commission finds that (1) such
termination or suspension is required to protect the public health
and safety, or (2) the State has not complied with one or more of
the requirements of this section. The Commission shall periodically
review such agreements and actions taken by the States under the
agreements to ensure compliance with the provisions of this
section.
(2) The Commission, upon its own motion or upon request of the
Governor of any State, may, after notifying the Governor,
temporarily suspend all or part of its agreement with the State
without notice or hearing if, in the judgment of the Commission:
(A) an emergency situation exists with respect to any material
covered by such an agreement creating danger which requires
immediate action to protect the health or safety of persons
either within or outside the State, and
(B) the State has failed to take steps necessary to contain or
eliminate the cause of the danger within a reasonable time after
the situation arose.
A temporary suspension under this paragraph shall remain in effect
only for such time as the emergency situation exists and shall
authorize the Commission to exercise its authority only to the
extent necessary to contain or eliminate the danger.
(k) State regulation of activities for certain purposes
Nothing in this section shall be construed to affect the
authority of any State or local agency to regulate activities for
purposes other than protection against radiation hazards.
(l) Commission regulated activities; notice of filing; hearing
With respect to each application for Commission license
authorizing an activity as to which the Commission's authority is
continued pursuant to subsection (c) of this section, the
Commission shall give prompt notice to the State or States in which
the activity will be conducted of the filing of the license
application; and shall afford reasonable opportunity for State
representatives to offer evidence, interrogate witnesses, and
advise the Commission as to the application without requiring such
representatives to take a position for or against the granting of
the application.
(m) Limitation of agreements and exemptions
No agreement entered into under subsection (b) of this section,
and no exemption granted pursuant to subsection (f) of this
section, shall affect the authority of the Commission under section
2201(b) or (i) of this title to issue rules, regulations, or orders
to protect the common defense and security, to protect restricted
data or to guard against the loss or diversion of special nuclear
material. For purposes of section 2201(i) of this title, activities
covered by exemptions granted pursuant to subsection (f) of this
section shall be deemed to constitute activities authorized
pursuant to this chapter; and special nuclear material acquired by
any person pursuant to such an exemption shall be deemed to have
been acquired pursuant to section 2073 of this title.
(n) "State" and "agreement" defined
As used in this section, the term "State" means any State,
Territory, or possession of the United States, the Canal Zone,
Puerto Rico, and the District of Columbia. As used in this section,
the term "agreement" includes any amendment to any agreement.
(o) State compliance requirements: compliance with section 2113(b)
of this title and health and environmental protection standards;
procedures for licenses, rulemaking, and license impact analysis;
amendment of agreements for transfer of State collected funds;
proceedings duplication restriction; alternative requirements
In the licensing and regulation of byproduct material, as defined
in section 2014(e)(2) of this title, or of any activity which
results in the production of byproduct material as so defined under
an agreement entered into pursuant to subsection (b) of this
section, a State shall require -
(1) compliance with the requirements of subsection (b) of
section 2113 of this title (respecting ownership of byproduct
material and land), and
(2) compliance with standards which shall be adopted by the
State for the protection of the public health, safety, and the
environment from hazards associated with such material which are
equivalent, to the extent practicable, or more stringent than,
standards adopted and enforced by the Commission for the same
purpose, including requirements and standards promulgated by the
Commission and the Administrator of the Environmental Protection
Agency pursuant to sections 2113, 2114, and 2022 of this title,
and
(3) procedures which -
(A) in the case of licenses, provide procedures under State
law which include -
(i) an opportunity, after public notice, for written
comments and a public hearing, with a transcript,
(ii) an opportunity for cross examination, and
(iii) a written determination which is based upon findings
included in such determination and upon the evidence
presented during the public comment period and which is
subject to judicial review;
(B) in the case of rulemaking, provide an opportunity for
public participation through written comments or a public
hearing and provide for judicial review of the rule;
(C) require for each license which has a significant impact
on the human environment a written analysis (which shall be
available to the public before the commencement of any such
proceedings) of the impact of such license, including any
activities conducted pursuant thereto, on the environment,
which analysis shall include -
(i) an assessment of the radiological and nonradiological
impacts to the public health of the activities to be
conducted pursuant to such license;
(ii) an assessment of any impact on any waterway and
groundwater resulting from such activities;
(iii) consideration of alternatives, including alternative
sites and engineering methods, to the activities to be
conducted pursuant to such license; and
(iv) consideration of the long-term impacts, including
decommissioning, decontamination, and reclamation impacts,
associated with activities to be conducted pursuant to such
license, including the management of any byproduct material,
as defined by section 2014(e)(2) of this title; and
(D) prohibit any major construction activity with respect to
such material prior to complying with the provisions of
subparagraph (C).
If any State under such agreement imposes upon any licensee any
requirement for the payment of funds to such State for the
reclamation or long-term maintenance and monitoring of such
material, and if transfer to the United States of such material is
required in accordance with section 2113(b) of this title, such
agreement shall be amended by the Commission to provide that such
State shall transfer to the United States upon termination of the
license issued to such licensee the total amount collected by such
State from such licensee for such purpose. If such payments are
required, they must be sufficient to ensure compliance with the
standards established by the Commission pursuant to section 2201(x)
of this title. No State shall be required under paragraph (3) to
conduct proceedings concerning any license or regulation which
would duplicate proceedings conducted by the Commission. In
adopting requirements pursuant to paragraph (2) of this subsection
with respect to sites at which ores are processed primarily for
their source material content or which are used for the disposal of
byproduct material as defined in section 2014(e)(2) of this title,
the State may adopt alternatives (including, where appropriate,
site-specific alternatives) to the requirements adopted and
enforced by the Commission for the same purpose if, after notice
and opportunity for public hearing, the Commission determines that
such alternatives will achieve a level of stabilization and
containment of the sites concerned, and a level of protection for
public health, safety, and the environment from radiological and
nonradiological hazards associated with such sites, which is
equivalent to, to the extent practicable, or more stringent than
the level which would be achieved by standards and requirements
adopted and enforced by the Commission for the same purpose and any
final standards promulgated by the Administrator of the
Environmental Protection Agency in accordance with section 2022 of
this title. Such alternative State requirements may take into
account local or regional conditions, including geology,
topography, hydrology and meteorology.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 274, as added Pub. L. 86-373,
Sec. 1, Sept. 23, 1959, 73 Stat. 688; amended 1970 Reorg. Plan No.
3, Secs. 2(a)(7), 6(2), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat.
2086; Pub. L. 95-604, title II, Sec. 204(a)-(e)(1), (f), Nov. 8,
1978, 92 Stat. 3036-3038; Pub. L. 96-295, title II, Sec. 205, June
30, 1980, 94 Stat. 787; Pub. L. 97-415, Sec. 19(a), Jan. 4, 1983,
96 Stat. 2078; renumbered title I and amended Pub. L. 102-486,
title IX, Sec. 902(a)(6), (8), Oct. 24, 1992, 106 Stat. 2944; Pub.
L. 109-58, title VI, Sec. 651(e)(2), Aug. 8, 2005, 119 Stat. 807.)
-REFTEXT-
REFERENCES IN TEXT
For definition of Canal Zone, referred to in subsec. (n), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
-COD-
CODIFICATION
In subsec. (h) of this section, provisions for the establishment
of a Federal Radiation Council and for the designation of its
Chairman and members have been omitted and the Administrator of the
Environmental Protection Agency has been substituted for the
Council as the person charged with the responsibility of carrying
out the functions of the Council pursuant to Reorg. Plan No. 3 of
1970, Secs. 2(a)(7), 6(2), eff. Dec. 2, 1970, 35 F.R. 15623, 84
Stat. 2086, set out in the Appendix to Title 5, Government
Organization and Employees, which abolished the Federal Radiation
Council and transferred its functions to the Administrator of the
Environmental Protection Administration.
-MISC1-
AMENDMENTS
2005 - Subsec. (b). Pub. L. 109-58 substituted "State:" for
"State - " in introductory provisions, added pars. (1) to (3), and
struck out former pars. (1) to (4) which read as follows:
"(1) byproduct materials as defined in section 2014(e)(1) of this
title;
"(2) byproduct materials as defined in section 2014(e)(2) of this
title;
"(3) source materials;
"(4) special nuclear materials in quantities not sufficient to
form a critical mass."
1992 - Subsec. (c)(1). Pub. L. 102-486, Sec. 902(a)(6), inserted
before semicolon at end "or any uranium enrichment facility".
1983 - Subsec. (o). Pub. L. 97-415 inserted provisions relating
to the adoption of equivalent alternative requirements by the
States.
1980 - Subsec. (j). Pub. L. 96-295 designated existing provisions
as par. (1) and added par. (2).
1978 - Subsec. (b). Pub. L. 95-604, Sec. 204(a), inserted in par.
(1) "as defined in section 2014(e)(1) of this title" after
"byproduct materials", added par. (2), and redesignated former
pars. (2) and (3) as (3) and (4), respectively.
Subsec. (c). Pub. L. 95-604, Sec. 204(f), required the Commission
to retain authority under the agreement to make a determination
that all applicable standards and requirements have been met prior
to termination of a license for byproduct material as defined in
section 2014(e)(2) of this title.
Subsec. (d)(2). Pub. L. 95-604, Sec. 204(b), inserted "in
accordance with the requirements of subsection (o) of this section
and in all other respects" before "compatible".
Subsec. (j). Pub. L. 95-604, Sec. 204(d), inserted "all or part
of" after "suspend", designated provision requiring termination or
suspension be necessary to protect the public health and safety as
cl. (1), added cl. (2), and inserted provision requiring the
Commission to periodically review the agreements and actions taken
by the States under the agreements to ensure compliance with the
provisions of this section.
Subsec. (n). Pub. L. 95-604, Sec. 204(c), inserted definition of
"agreement".
Subsec. (o). Pub. L. 95-604, Sec. 204(e)(1), added subsec. (o).
EFFECTIVE DATE OF 1978 AMENDMENT
Section 204(e)(2) of Pub. L. 95-604, as added by Pub. L. 96-106,
Sec. 22(d), Nov. 9, 1979, 93 Stat. 800, provided that: "The
provisions of the amendment made by paragraph (1) of this
subsection (which adds a new subsection o. to section 274 of the
Atomic Energy Act of 1954 [this section]) shall apply only to the
maximum extent practicable during the three-year period beginning
on the date of the enactment of this Act [Nov. 8, 1978]."
Amendment by Pub. L. 95-604 effective Nov. 8, 1978, see section
208 of Pub. L. 95-604, set out as a note under section 2014 of this
title.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-MISC2-
STATE AUTHORITIES AND AGREEMENTS RESPECTING BYPRODUCT MATERIAL;
ENTRY AND EFFECTIVE DATES OF AGREEMENTS
Section 204(g), (h) of Pub. L. 95-604, as amended by Pub. L. 96-
106, Sec. 22(a), (b), Nov. 9, 1979, 93 Stat. 799; Pub. L. 97-415,
Sec. 19(b), Jan. 4, 1983, 96 Stat. 2079, provided that:
"(g) Nothing in any amendment made by this section [amending this
section] shall preclude any State from exercising any other
authority as permitted under the Atomic Energy Act of 1954 [this
chapter] respecting any byproduct material, as defined in section
11 e. (2) of the Atomic Energy Act of 1954 [section 2014(e)(2) of
this title].
"(h)(1) During the three-year period beginning on the date of the
enactment of this Act [Nov. 8, 1978], notwithstanding any other
provision of this title [See Effective Date of 1978 Amendment note
set out under section 2014 of this title], any State may exercise
any authority under State law (including authority exercised
pursuant to an agreement entered into pursuant to section 274 of
the Atomic Energy Act of 1954 [this section]) respecting (A)
byproduct material, as defined in section 11 e. (2) of the Atomic
Energy Act of 1954 [section 2014(e)(2) of this title], or (B) any
activity which results in the production of byproduct material as
so defined, in the same manner and to the same extent as permitted
before the date of the enactment of this Act, except that such
State authority shall be exercised in a manner which, to the extent
practicable, is consistent with the requirements of section 274 o.
of the Atomic Energy Act of 1954 (as added by section 204(e) of
this Act) [subsec. (o) of this section]. The Commission shall have
the authority to ensure that such section 274 o. is implemented by
any such State to the extent practicable during the three-year
period beginning on the date of the enactment of this Act. Nothing
in this section shall be construed to preclude the Commission or
the Administrator of the Environmental Protection Agency from
taking such action under section 275 of the Atomic Energy Act of
1954 [section 2022 of this title] as may be necessary to implement
title I of this Act [section 7911 et seq. of this title].
"(2) An agreement entered into with any State as permitted under
section 274 of the Atomic Energy Act of 1954 [this section] with
respect to byproduct material as defined in section 11 e. (2) of
such Act. [section 2014(e)(2) of this title], may be entered into
at any time after the date of the enactment of this Act [Nov. 8,
1978] but no such agreement may take effect before the date three
years after the date of the enactment of this Act.
"(3) Notwithstanding any other provision of this title [See
Effective Date of 1978 Amendment note set out under section 2014 of
this title], where a State assumes or has assumed, pursuant to an
agreement entered into under section 274 b. of the Atomic Energy
Act of 1954 [subsec. (b) of this section], authority over any
activity which results in the production of byproduct material, as
defined in section 11 e. (2) of such Act [section 2014(e)(2) of
this title], the Commission shall not, until the end of the three-
year period beginning on the date of the enactment of this Act
[Nov. 8, 1978], have licensing authority over such byproduct
material produced in any activity covered by such agreement, unless
the agreement is terminated, suspended, or amended to provide for
such Federal licensing. If, at the end of such three-year period, a
State has not entered into such an agreement with respect to
byproduct material, as defined in section 11 e. (2) of the Atomic
Energy Act of 1954, the Commission shall have authority over such
byproduct material: Provided, however, That, in the case of a State
which has exercised any authority under State law pursuant to an
agreement entered into under section 274 of the Atomic Energy Act
of 1954 [this section], the State authority over such byproduct
material may be terminated, and the Commission authority over such
material may be exercised, only after compliance by the Commission
with the same procedures as are applicable in the case of
termination of agreements under section 274j. of the Atomic Energy
Act of 1954 [subsec. (j) of this section]."
FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS
For provisions relating to the responsibility of the head of each
Executive agency for compliance with applicable pollution control
standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,
set out as a note under section 4321 of this title.
-EXEC-
EXECUTIVE ORDER NO. 12192
Ex. Ord. No. 12192, Feb. 12, 1980, 45 F.R. 9727, which
established the State Planning Council on Radioactive Waste
Management and provided for its membership, functions, etc., was
revoked by Ex. Ord. No. 12379, Sec. 13, Aug. 17, 1982, 47 F.R.
36099, set out as a note under section 14 of the Federal Advisory
Committee Act in the Appendix to Title 5, Government Organization
and Employees.
-End-
-CITE-
42 USC Sec. 2021a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2021a. Storage or disposal facility planning
-STATUTE-
(a) Any person, agency, or other entity proposing to develop a
storage or disposal facility, including a test disposal facility,
for high-level radioactive wastes, non-high-level radioactive
wastes including transuranium contaminated wastes, or irradiated
nuclear reactor fuel, shall notify the Commission as early as
possible after the commencement of planning for a particular
proposed facility. The Commission shall in turn notify the Governor
and the State legislature of the State of proposed situs whenever
the Commission has knowledge of such proposal.
(b) The Commission is authorized and directed to prepare a report
on means for improving the opportunities for State participation in
the process for siting, licensing, and developing nuclear waste
storage or disposal facilities. Such report shall include detailed
consideration of a program to provide grants through the Commission
to any State, and the advisability of such a program, for the
purpose of conducting an independent State review of any proposal
to develop a nuclear waste storage or disposal facility identified
in subsection (a) of this section within such State. On or before
March 1, 1979, the Commission shall submit the report to the
Congress including recommendations for improving the opportunities
for State participation together with any necessary legislative
proposals.
-SOURCE-
(Pub. L. 95-601, Sec. 14, Nov. 6, 1978, 92 Stat. 2953.)
-REFTEXT-
REFERENCES IN TEXT
Commission, referred to in text, probably means the Nuclear
Regulatory Commission in view of the fact that this section was
enacted as part of the act authorizing appropriations for the
Nuclear Regulatory Commission for fiscal year 1979.
-COD-
CODIFICATION
Section was enacted as part of an act authorizing appropriations
to the Nuclear Regulatory Commission for fiscal year 1979, and not
as part of the Atomic Energy Act of 1954 which comprises this
chapter.
-MISC1-
PLAN FOR PERMANENT DISPOSAL OF WASTE FROM ATOMIC ENERGY DEFENSE
ACTIVITIES; SUBMISSION OF PLAN TO CONGRESS NOT LATER THAN JUNE 30,
1983
Pub. L. 97-90, title II, Sec. 213, Dec. 4, 1981, 95 Stat. 1171,
directed President to submit to Committees on Armed Services of
Senate and of House of Representatives not later than June 30,
1983, a report setting forth his plans for permanent disposal of
high-level and transuranic wastes resulting from atomic energy
defense activities, such report to include, but not be limited to,
for each State in which such wastes are stored in interim storage
facilities on Dec. 4, 1981, specific estimates of amounts planned
for expenditure in each of the next five fiscal years to achieve
the permanent disposal of such wastes and general estimates of
amounts planned for expenditure in fiscal years thereafter to
achieve such purpose, and a thorough and detailed program
management plan for the disposal of such wastes.
WEST VALLEY DEMONSTRATION PROJECT; RADIOACTIVE WASTE MANAGEMENT;
PROJECT ACTIVITIES; PUBLIC HEARINGS; REVIEW OF PROJECT AND
CONSULTATIONS; AUTHORIZATION OF APPROPRIATIONS; REPORT TO CONGRESS
Pub. L. 107-66, title III, Nov. 12, 2001, 115 Stat. 503, provided
in part: "That funding for the West Valley Demonstration Project
shall be reduced in subsequent fiscal years to the minimum
necessary to maintain the project in a safe and stable condition,
unless, not later than September 30, 2002, the Secretary: (1)
provides written notification to the Committees on Appropriations
of the House of Representatives and the Senate that agreement has
been reached with the State of New York on the final scope of
Federal activities at the West Valley site and on the respective
Federal and State cost shares for those activities; (2) submits a
written copy of that agreement to the Committees on Appropriations
of the House of Representatives and the Senate; and (3) provides a
written certification that the Federal actions proposed in the
agreement will be in full compliance with all relevant Federal
statutes and are in the best interest of the Federal Government."
Pub. L. 96-368, Oct. 1, 1980, 94 Stat. 1347, as amended by Pub.
L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1000, provided that:
"Section 1. This Act may be cited as the 'West Valley
Demonstration Project Act'.
"Sec. 2. (a) The Secretary shall carry out, in accordance with
this Act, a high level radioactive waste management demonstration
project at the Western New York Service Center in West Valley, New
York, for the purpose of demonstrating solidification techniques
which can be used for preparing high level radioactive waste for
disposal. Under the project the Secretary shall carry out the
following activities:
"(1) The Secretary shall solidify, in a form suitable for
transportation and disposal, the high level radioactive waste at
the Center by vitrification or by such other technology which the
Secretary determines to be the most effective for solidification.
"(2) The Secretary shall develop containers suitable for the
permanent disposal of the high level radioactive waste solidified
at the Center.
"(3) The Secretary shall, as soon as feasible, transport, in
accordance with applicable provisions of law, the waste
solidified at the Center to an appropriate Federal repository for
permanent disposal.
"(4) The Secretary shall, in accordance with applicable
licensing requirements, dispose of low level radioactive waste
and transuranic waste produced by the solidification of the high
level radioactive waste under the project.
"(5) The Secretary shall decontaminate and decommission -
"(A) the tanks and other facilities of the Center in which
the high level radioactive waste solidified under the project
was stored,
"(B) the facilities used in the solidification of the waste,
and
"(C) any material and hardware used in connection with the
project,
in accordance with such requirements as the Commission may
prescribe.
"(b) Before undertaking the project and during the fiscal year
ending September 30, 1981, the Secretary shall carry out the
following:
"(1) The Secretary shall hold in the vicinity of the Center
public hearings to inform the residents of the area in which the
Center is located of the activities proposed to be undertaken
under the project and to receive their comments on the project.
"(2) The Secretary shall consider the various technologies
available for the solidification and handling of high level
radioactive waste taking into account the unique characteristics
of such waste at the Center.
"(3) The Secretary shall -
"(A) undertake detailed engineering and cost estimates for
the project,
"(B) prepare a plan for the safe removal of the high level
radioactive waste at the Center for the purposes of
solidification and include in the plan provisions respecting
the safe breaching of the tanks in which the waste is stored,
operating equipment to accomplish the removal, and sluicing
techniques,
"(C) conduct appropriate safety analyses of the project, and
"(D) prepare required environmental impact analyses of the
project.
"(4) The Secretary shall enter into a cooperative agreement
with the State in accordance with the Federal Grant and
Cooperative Agreement Act of 1977 [see section 6301 et seq. of
Title 31, Money and Finance] under which the State will carry out
the following:
"(A) The State will make available to the Secretary the
facilities of the Center and the high level radioactive waste
at the Center which are necessary for the completion of the
project. The facilities and the waste shall be made available
without the transfer of title and for such period as may be
required for completion of the project.
"(B) The Secretary shall provide technical assistance in
securing required license amendments.
"(C) The State shall pay 10 per centum of the costs of the
project, as determined by the Secretary. In determining the
costs of the project, the Secretary shall consider the value of
the use of the Center for the project. The State may not use
Federal funds to pay its share of the cost of the project, but
may use the perpetual care fund to pay such share.
"(D) Submission jointly by the Department of Energy and the
State of New York of an application for a licensing amendment
as soon as possible with the Nuclear Regulatory Commission
providing for the demonstration.
"(c) Within one year from the date of the enactment of this Act
[Oct. 1, 1980], the Secretary shall enter into an agreement with
the Commission to establish arrangements for review and
consultation by the Commission with respect to the project:
Provided, That review and consultation by the Commission pursuant
to this subsection shall be conducted informally by the Commission
and shall not include nor require formal procedures or actions by
the Commission pursuant to the Atomic Energy Act of 1954, as
amended [this chapter], the Energy Reorganization Act of 1974, as
amended [section 5801 et seq. of this title], or any other law. The
agreement shall provide for the following:
"(1) The Secretary shall submit to the Commission, for its
review and comment, a plan for the solidification of the high
level radioactive waste at the Center, the removal of the waste
for purposes of its solidification, the preparation of the waste
for disposal, and the decontamination of the facilities to be
used in solidifying the waste. In preparing its comments on the
plan, the Commission shall specify with precision its objections
to any provision of the plan. Upon submission of a plan to the
Commission, the Secretary shall publish a notice in the Federal
Register of the submission of the plan and of its availability
for public inspection, and, upon receipt of the comments of the
Commission respecting a plan, the Secretary shall publish a
notice in the Federal Register of the receipt of the comments and
of the availability of the comments for public inspection. If the
Secretary does not revise the plan to meet objections specified
in the comments of the Commission, the Secretary shall publish in
the Federal Register a detailed statement for not so revising the
plan.
"(2) The Secretary shall consult with the Commission with
respect to the form in which the high level radioactive waste at
the Center shall be solidified and the containers to be used in
the permanent disposal of such waste.
"(3) The Secretary shall submit to the Commission safety
analysis reports and such other information as the Commission may
require to identify any danger to the public health and safety
which may be presented by the project.
"(4) The Secretary shall afford the Commission access to the
Center to enable the Commission to monitor the activities under
the project for the purpose of assuring the public health and
safety.
"(d) In carrying out the project, the Secretary shall consult
with the Administrator of the Environmental Protection Agency, the
Secretary of Transportation, the Director of the United States
Geological Survey, and the commercial operator of the Center.
"Sec. 3. (a) There are authorized to be appropriated to the
Secretary for the project not more than $5,000,000 for the fiscal
year ending September 30, 1981.
"(b) The total amount obligated for the project by the Secretary
shall be 90 per centum of the costs of the project.
"(c) The authority of the Secretary to enter into contracts under
this Act shall be effective for any fiscal year only to such extent
or in such amounts as are provided in advance by appropriation
Acts.
"Sec. 4. Not later than February 1, 1981, and on February 1 of
each calendar year thereafter during the term of the project, the
Secretary shall transmit to the Speaker of the House of
Representatives and the President pro tempore of the Senate an up-
to-date report containing a detailed description of the activities
of the Secretary in carrying out the project, including agreements
entered into and the costs incurred during the period reported on
and the activities to be undertaken in the next fiscal year and the
estimated costs thereof.
"Sec. 5. (a) Other than the costs and responsibilities
established by this Act for the project, nothing in this Act shall
be construed as affecting any rights, obligations, or liabilities
of the commercial operator of the Center, the State, or any person,
as is appropriate, arising under the Atomic Energy Act of 1954
[this chapter] or under any other law, contract, or agreement for
the operation, maintenance, or decontamination of any facility or
property at the Center or for any wastes at the Center. Nothing in
this Act shall be construed as affecting any applicable licensing
requirement of the Atomic Energy Act of 1954 or the Energy
Reorganization Act of 1974 [section 5801 et seq. of this title].
This Act shall not apply or be extended to any facility or property
at the Center which is not used in conducting the project. This Act
may not be construed to expand or diminish the rights of the
Federal Government.
"(b) This Act does not authorize the Federal Government to
acquire title to any high level radioactive waste at the Center or
to the Center or any portion thereof.
"Sec. 6. For purposes of this Act:
"(1) The term 'Secretary' means the Secretary of Energy.
"(2) The term 'Commission' means the Nuclear Regulatory
Commission.
"(3) The term 'State' means the State of New York.
"(4) The term 'high level radioactive waste' means the high
level radioactive waste which was produced by the reprocessing at
the Center of spent nuclear fuel. Such term includes both liquid
wastes which are produced directly in reprocessing, dry solid
material derived from such liquid waste, and such other material
as the Commission designates as high level radioactive waste for
purposes of protecting the public health and safety.
"(5) The term 'transuranic waste' means material contaminated
with elements which have an atomic number greater than 92,
including neptunium, plutonium, americium, and curium, and which
are in concentrations greater than 10 nanocuries per gram, or in
such other concentrations as the Commission may prescribe to
protect the public health and safety.
"(6) The term 'low level radioactive waste' means radioactive
waste not classified as high level radioactive waste, transuranic
waste, or byproduct material as defined in section 11e. (2) of
the Atomic Energy Act of 1954 [section 2014(e)(2) of this title].
"(7) The term 'project' means the project prescribed by section
2(a).
"(8) The term 'Center' means the Western New York Service
Center in West Valley, New York."
[For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which a report required under section 4 of Pub. L. 96-368, set out
above, is listed in item 1 on page 84), see section 3003 of Pub. L.
104-66, as amended, and section 1(a)(4) [div. A, Sec. 1402(1)] of
Pub. L. 106-554, set out as notes under section 1113 of Title 31,
Money and Finance.]
-End-
-CITE-
42 USC Sec. 2021b 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2021b. Definitions
-STATUTE-
For purposes of sections 2021b to 2021j of this title:
(1) Agreement State
The term "agreement State" means a State that -
(A) has entered into an agreement with the Nuclear Regulatory
Commission under section 2021 of this title; and
(B) has authority to regulate the disposal of low-level
radioactive waste under such agreement.
(2) Allocation
The term "allocation" means the assignment of a specific amount
of low-level radioactive waste disposal capacity to a commercial
nuclear power reactor for which access is required to be provided
by sited States subject to the conditions specified under
sections 2021b to 2021j of this title.
(3) Commercial nuclear power reactor
The term "commercial nuclear power reactor" means any unit of a
civilian light-water moderated utilization facility required to
be licensed under section 2133 or 2134(b) of this title.
(4) Compact
The term "compact" means a compact entered into by two or more
States pursuant to sections 2021b to 2021j of this title.
(5) Compact commission
The term "compact commission" means the regional commission,
committee, or board established in a compact to administer such
compact.
(6) Compact region
The term "compact region" means the area consisting of all
States that are members of a compact.
(7) Disposal
The term "disposal" means the permanent isolation of low-level
radioactive waste pursuant to the requirements established by the
Nuclear Regulatory Commission under applicable laws, or by an
agreement State if such isolation occurs in such agreement State.
(8) Generate
The term "generate", when used in relation to low-level
radioactive waste, means to produce low-level radioactive waste.
(9) Low-level radioactive waste
(A) In general
The term "low-level radioactive waste" means radioactive
material that -
(i) is not high-level radioactive waste, spent nuclear
fuel, or byproduct material (as defined in section 2014(e)(2)
of this title); and
(ii) the Nuclear Regulatory Commission, consistent with
existing law and in accordance with paragraph (A), classifies
as low-level radioactive waste.
(B) Exclusion
The term "low-level radioactive waste" does not include
byproduct material (as defined in paragraphs (3) and (4) of
section 2014(e) of this title).
(10) Non-sited compact region
The term "non-sited compact region" means any compact region
that is not a sited compact region.
(11) Regional disposal facility
The term "regional disposal facility" means a non-Federal low-
level radioactive waste disposal facility in operation on
January 1, 1985, or subsequently established and operated under a
compact.
(12) Secretary
The term "Secretary" means the Secretary of Energy.
(13) Sited compact region
The term "sited compact region" means a compact region in which
there is located one of the regional disposal facilities at
Barnwell, in the State of South Carolina; Richland, in the State
of Washington; or Beatty, in the State of Nevada.
(14) State
The term "State" means any State of the United States, the
District of Columbia, and the Commonwealth of Puerto Rico.
-SOURCE-
(Pub. L. 96-573, Sec. 2, as added Pub. L. 99-240, title I, Sec.
102, Jan. 15, 1986, 99 Stat. 1842; amended Pub. L. 109-58, title
VI, Sec. 651(e)(3)(B), Aug. 8, 2005, 119 Stat. 808.)
-COD-
CODIFICATION
Section was enacted as part of the Low-Level Radioactive Waste
Policy Act, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-MISC1-
PRIOR PROVISIONS
A prior section 2021b, Pub. L. 96-573, Sec. 2, Dec. 22, 1980, 94
Stat. 3347, related to definitions respecting low-level radioactive
waste policy as used in former sections 2021b to 2021d of this
title, prior to repeal by Pub. L. 99-240, Sec. 102.
AMENDMENTS
2005 - Par. (9). Pub. L. 109-58 designated existing provisions as
subpar. (A), inserted heading, redesignated former subpars. (A) and
(B) as cls. (i) and (ii), respectively, and added subpar. (B).
SHORT TITLE OF 1986 AMENDMENT
Section 101 of title I of Pub. L. 99-240 provided that: "This
Title [enacting this section and sections 2021c to 2021j of this
title, repealing former sections 2021b to 2021d of this title, and
enacting and repealing a provision set out as a note under this
section] may be cited as the 'Low-Level Radioactive Waste Policy
Amendments Act of 1985'."
SHORT TITLE
Section 1 of Pub. L. 96-573, as added by Pub. L. 99-240, title I,
Sec. 102, Jan. 15, 1986, 99 Stat. 1842, provided that: "This Act
[enacting sections 2021b to 2021j of this title] may be cited as
the 'Low-Level Radioactive Waste Policy Act'."
A prior section 1 of Pub. L. 96-573 which provided that Pub. L.
96-573 [enacting former sections 2021b to 2021d of this title]
could be cited as the "Low-Level Radioactive Waste Policy Act" was
repealed by Pub. L. 99-240, title I, Sec. 102, Jan. 15, 1986, 99
Stat. 1842.
-End-
-CITE-
42 USC Sec. 2021c 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2021c. Responsibilities for disposal of low-level radioactive
waste
-STATUTE-
(a)(1) Each State shall be responsible for providing, either by
itself or in cooperation with other States, for the disposal of -
(A) low-level radioactive waste generated within the State
(other than by the Federal Government) that consists of or
contains class A, B, or C radioactive waste as defined by section
61.55 of title 10, Code of Federal Regulations, as in effect on
January 26, 1983;
(B) low-level radioactive waste described in subparagraph (A)
that is generated by the Federal Government except such waste
that is -
(i) owned or generated by the Department of Energy;
(ii) owned or generated by the United States Navy as a result
of the decommissioning of vessels of the United States Navy; or
(iii) owned or generated as a result of any research,
development, testing, or production of any atomic weapon; and
(C) low-level radioactive waste described in subparagraphs (A)
and (B) that is generated outside of the State and accepted for
disposal in accordance with sections (!1) 2021e or 2021f of this
title.
(2) No regional disposal facility may be required to accept for
disposal any material -
(A) that is not low-level radioactive waste as defined by
section 61.55 of title 10, Code of Federal Regulations, as in
effect on January 26, 1983, or
(B) identified under the Formerly Utilized Sites Remedial
Action Program.
Nothing in this paragraph shall be deemed to prohibit a State,
subject to the provisions of its compact, or a compact region from
accepting for disposal any material identified in subparagraph (A)
or (B).
(b)(1) The Federal Government shall be responsible for the
disposal of -
(A) low-level radioactive waste owned or generated by the
Department of Energy;
(B) low-level radioactive waste owned or generated by the
United States Navy as a result of the decommissioning of vessels
of the United States Navy;
(C) low-level radioactive waste owned or generated by the
Federal Government as a result of any research, development,
testing, or production of any atomic weapon; and
(D) any other low-level radioactive waste with concentrations
of radionuclides that exceed the limits established by the
Commission for class C radioactive waste, as defined by section
61.55 of title 10, Code of Federal Regulations, as in effect on
January 26, 1983.
(2) All radioactive waste designated a Federal responsibility
pursuant to subparagraph (b)(1)(D) that results from activities
licensed by the Nuclear Regulatory Commission under this chapter,
shall be disposed of in a facility licensed by the Nuclear
Regulatory Commission that the Commission determines is adequate to
protect the public health and safety.
(3) Not later than 12 months after January 15, 1986, the
Secretary shall submit to the Congress a comprehensive report
setting forth the recommendations of the Secretary for ensuring the
safe disposal of all radioactive waste designated a Federal
responsibility pursuant to subparagraph (b)(1)(D). Such report
shall include -
(A) an identification of the radioactive waste involved,
including the source of such waste, and the volume,
concentration, and other relevant characteristics of such waste;
(B) an identification of the Federal and non-Federal options
for disposal of such radioactive waste;
(C) a description of the actions proposed to ensure the safe
disposal of such radioactive waste;
(D) a description of the projected costs of undertaking such
actions;
(E) an identification of the options for ensuring that the
beneficiaries of the activities resulting in the generation of
such radioactive wastes bear all reasonable costs of disposing of
such wastes; and
(F) an identification of any statutory authority required for
disposal of such waste.
(4) The Secretary may not dispose of any radioactive waste
designated a Federal responsibility pursuant to paragraph (b)(1)(D)
that becomes a Federal responsibility for the first time pursuant
to such paragraph until ninety days after the report prepared
pursuant to paragraph (3) has been submitted to the Congress.
-SOURCE-
(Pub. L. 96-573, Sec. 3, as added Pub. L. 99-240, title I, Sec.
102, Jan. 15, 1986, 99 Stat. 1843.)
-REFTEXT-
REFERENCES IN TEXT
January 15, 1986, referred to in subsec. (b)(3), was in the
original "the date of enactment of this Act" and was translated as
meaning the date of enactment of Pub. L. 99-240 to reflect the
probable intent of Congress.
-COD-
CODIFICATION
Section was enacted as part of the Low-Level Radioactive Waste
Policy Act, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-MISC1-
PRIOR PROVISIONS
A prior section 2021c, Pub. L. 96-573, Sec. 3, Dec. 22, 1980, 94
Stat. 3347, related to the applicability of low-level radioactive
waste compacts, prior to repeal by Pub. L. 99-240, Sec. 102. See
section 2021d of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "section".
-End-
-CITE-
42 USC Sec. 2021d 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2021d. Regional compacts for disposal of low-level radioactive
waste
-STATUTE-
(a) In general
(1) Federal policy
It is the policy of the Federal Government that the
responsibilities of the States under section 2021c of this title
for the disposal of low-level radioactive waste can be most
safely and effectively managed on a regional basis.
(2) Interstate compacts
To carry out the policy set forth in paragraph (1), the States
may enter into such compacts as may be necessary to provide for
the establishment and operation of regional disposal facilities
for low-level radioactive waste.
(b) Applicability to Federal activities
(1) In general
(A) Activities of the Secretary
Except as provided in subparagraph (B), no compact or action
taken under a compact shall be applicable to the
transportation, management, or disposal of any low-level
radioactive waste designated in section 2021c(a)(1)(B)(i)-(iii)
of this title.
(B) Federal low-level radioactive waste disposed of at non-
Federal facilities
Low-level radioactive waste owned or generated by the Federal
Government that is disposed of at a regional disposal facility
or non-Federal disposal facility within a State that is not a
member of a compact shall be subject to the same conditions,
regulations, requirements, fees, taxes, and surcharges imposed
by the compact commission, and by the State in which such
facility is located, in the same manner and to the same extent
as any low-level radioactive waste not generated by the Federal
Government.
(2) Federal low-level radioactive waste disposal facilities
Any low-level radioactive waste disposal facility established
or operated exclusively for the disposal of low-level radioactive
waste owned or generated by the Federal Government shall not be
subject to any compact or any action taken under a compact.
(3) Effect of compacts on Federal law
Nothing contained in sections 2021b to 2021j of this title or
any compact may be construed to confer any new authority on any
compact commission or State -
(A) to regulate the packaging, generation, treatment,
storage, disposal, or transportation of low-level radioactive
waste in a manner incompatible with the regulations of the
Nuclear Regulatory Commission or inconsistent with the
regulations of the Department of Transportation;
(B) to regulate health, safety, or environmental hazards from
source material, byproduct material, or special nuclear
material;
(C) to inspect the facilities of licensees of the Nuclear
Regulatory Commission;
(D) to inspect security areas or operations at the site of
the generation of any low-level radioactive waste by the
Federal Government, or to inspect classified information
related to such areas or operations; or
(E) to require indemnification pursuant to the provisions of
chapter 171 of title 28 (commonly referred to as the Federal
Tort Claims Act), or section 2210 of this title, whichever is
applicable.
(4) Federal authority
Except as expressly provided in sections 2021b to 2021j of this
title, nothing contained in sections 2021b to 2021j of this title
or any compact may be construed to limit the applicability of any
Federal law or to diminish or otherwise impair the jurisdiction
of any Federal agency, or to alter, amend, or otherwise affect
any Federal law governing the judicial review of any action taken
pursuant to any compact.
(5) State authority preserved
Except as expressly provided in sections 2021b to 2021j of this
title, nothing contained in sections 2021b to 2021j of this title
expands, diminishes, or otherwise affects State law.
(c) Restricted use of regional disposal facilities
Any authority in a compact to restrict the use of the regional
disposal facilities under the compact to the disposal of low-level
radioactive waste generated within the compact region shall not
take effect before each of the following occurs:
(1) January 1, 1986; and
(2) the Congress by law consents to the compact.
(d) Congressional review
Each compact shall provide that every 5 years after the compact
has taken effect the Congress may by law withdraw its consent.
-SOURCE-
(Pub. L. 96-573, Sec. 4, as added Pub. L. 99-240, title I, Sec.
102, Jan. 15, 1986, 99 Stat. 1845.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Tort Claims Act, referred to in subsec. (b)(3)(E), is
classified generally to section 1346(b) and chapter 171 (Sec. 2671
et seq.) of Title 28, Judiciary and Judicial Procedure.
-COD-
CODIFICATION
Section was enacted as part of the Low-Level Radioactive Waste
Policy Act, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-MISC1-
PRIOR PROVISIONS
A prior section 2021d, Pub. L. 96-573, Sec. 4, Dec. 22, 1980, 94
Stat. 3348, related to policy of Federal Government concerning low-
level radioactive waste disposal, implementation of that policy,
and a report to Congress and the States to assist in carrying out
the policy, prior to repeal by Pub. L. 99-240, Sec. 102.
TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT CONSENT ACT
Pub. L. 105-236, Sept. 20, 1998, 112 Stat. 1542, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Texas Low-Level Radioactive Waste
Disposal Compact Consent Act'.
"SEC. 2. CONGRESSIONAL FINDING.
"The Congress finds that the compact set forth in section 5 is in
furtherance of the Low-Level Radioactive Waste Policy Act (42
U.S.C. 2021b et seq.).
"SEC. 3. CONDITIONS OF CONSENT TO COMPACT.
"The consent of the Congress to the compact set forth in section
5 -
"(1) shall become effective on the date of the enactment of
this Act [Sept. 20, 1998];
"(2) is granted subject to the provisions of the Low-Level
Radioactive Waste Policy Act (42 U.S.C. 2021b et seq.); and
"(3) is granted only for so long as the regional commission
established in the compact complies with all of the provisions of
such Act.
"SEC. 4. CONGRESSIONAL REVIEW.
"The Congress may alter, amend, or repeal this Act with respect
to the compact set forth in section 5 after the expiration of the
10-year period following the date of the enactment of this Act
[Sept. 20, 1998], and at such intervals thereafter as may be
provided in such compact.
"SEC. 5. TEXAS LOW-LEVEL RADIOACTIVE WASTE COMPACT.
"(a) Consent of Congress. - In accordance with section 4(a)(2) of
the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021d(a)(2)),
the consent of Congress is given to the States of Texas, Maine, and
Vermont to enter into the compact set forth in subsection (b).
"(b) Text of Compact. - The compact reads substantially as
follows: [Text of compact appears at 112 Stat. 1543]".
SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT CONSENT
ACT
Pub. L. 100-712, Nov. 23, 1988, 102 Stat. 4773, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Southwestern Low-Level Radioactive
Waste Disposal Compact Consent Act'[.]
"SEC. 2. CONGRESSIONAL FINDING.
"The Congress finds that the compact set forth in section 5 is in
furtherance of the Low-Level Radioactive Waste Policy Act [42
U.S.C. 2021b-2021j].
"SEC. 3. CONDITIONS OF CONSENT TO COMPACT.
"The consent of the Congress to the compact set forth in section
5 -
"(1) shall become effective on the date of the enactment of
this Act [Nov. 23, 1988];
"(2) is granted subject to the provisions of the Low-Level
Radioactive Waste Policy Act [42 U.S.C. 2021b-2021j]; and
"(3) is granted only for so long as the regional commission
established in the compact complies with all of the provisions of
such Act.
"SEC. 4. CONGRESSIONAL REVIEW.
"The Congress may alter, amend, or repeal this Act with respect
to the compact set forth in section 5 after the expiration of the
10-year period following the date of enactment of this Act [Nov.
23, 1988], and at such intervals thereafter as may be provided in
such compact.
"SEC. 5. SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE COMPACT.
"In accordance with section 4(a)(2) of the Low-Level Radioactive
Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of Congress
is given to the states of Arizona, California, and any eligible
states, as defined in article VII of the Southwestern Low-Level
Radioactive Waste Disposal Compact, to enter into such compact.
Such compact is substantially as follows: [Text of compact appears
at 102 Stat. 4773]".
APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMPACT CONSENT ACT
Pub. L. 100-319, May 19, 1988, 102 Stat. 471, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Appalachian States Low-Level
Radioactive Waste Compact Consent Act'.
"SEC. 2. CONGRESSIONAL FINDING.
"The Congress finds that the compact set forth in section 5 is in
furtherance of the Low-Level Radioactive Waste Policy Act [42
U.S.C. 2021b-2021j].
"SEC. 3. CONDITIONS OF CONSENT TO COMPACT.
"The consent of the Congress to the compact set forth in section
5 -
"(1) shall become effective on the date of the enactment of
this Act [May 19, 1988],
"(2) is granted subject to the provisions of the Low-Level
Radioactive Waste Policy Act [42 U.S.C. 2021b-2021j], and
"(3) is granted only for so long as the Appalachian States Low-
Level Radioactive Waste Commission, advisory committees, and
regional boards established in the compact comply with all the
provisions of such Act.
"SEC. 4. CONGRESSIONAL REVIEW.
"The Congress may alter, amend, or repeal this Act with respect
to the compact set forth in section 5 after the expiration of the
10-year period following the date of the enactment of this Act [May
19, 1988], and at such intervals thereafter as may be provided for
in such compact.
"SEC. 5. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMPACT.
"In accordance with section 4(a)(2) of the Low-Level Radioactive
Waste Policy Act (42 U.S.C. 2021d(A)(2) [42 U.S.C. 2021d(a)(2)]),
the consent of Congress is given to the States of Pennsylvania,
West Virginia, and any eligible States as defined in Article 5(A)
of the Appalachian States Low-Level Radioactive Waste Compact to
enter into such compact. Such compact is substantially as follows:
[Text of compact appears at 102 Stat. 471]".
OMNIBUS LOW-LEVEL RADIOACTIVE WASTE INTERSTATE COMPACT CONSENT ACT
Pub. L. 99-240, title II, Jan. 15, 1986, 99 Stat. 1859, provided
that:
"SEC. 201. SHORT TITLE.
"This Title may be cited as the 'Omnibus Low-Level Radioactive
Waste Interstate Compact Consent Act'.
"SUBTITLE A - GENERAL PROVISIONS
"SEC. 211. CONGRESSIONAL FINDING.
"The Congress hereby finds that each of the compacts set forth in
subtitle B is in furtherance of the Low-Level Radioactive Waste
Policy Act [42 U.S.C. 2021b-2021j].
"SEC. 212. CONDITIONS OF CONSENT TO COMPACTS.
"The consent of the Congress to each of the compacts set forth in
subtitle B -
"(1) shall become effective on the date of the enactment of
this Act [Jan. 15, 1986];
"(2) is granted subject to the provisions of the Low-Level
Radioactive Waste Policy Act, as amended [42 U.S.C. 2021b-2021j];
and
"(3) is granted only for so long as the regional commission,
committee, or board established in the compact complies with all
of the provisions of such Act.
"SEC. 213. CONGRESSIONAL REVIEW.
"The Congress may alter, amend, or repeal this Act with respect
to any compact set forth in subtitle B after the expiration of the
10-year period following the date of the enactment of this Act
[Jan. 15, 1986], and at such intervals thereafter as may be
provided in such compact.
"SUBTITLE B - CONGRESSIONAL CONSENT TO COMPACTS
"SEC. 221. NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE
WASTE MANAGEMENT.
"The consent of Congress is hereby given to the states of Alaska,
Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming to
enter into the Northwest Interstate Compact on Low-level
Radioactive Waste Management, and to each and every part and
article thereof. Such compact reads substantially as follows: [Text
of compact appears at 99 Stat. 1860.]
"SEC. 222. CENTRAL INTERSTATE LOW-LEVEL RADIOACTIVE WASTE
COMPACT.
"The consent of Congress is hereby given to the states of
Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska,
North Dakota, and Oklahoma to enter into the Central Interstate Low-
Level Radioactive Waste Compact, and to each and every part and
article thereof. Such compact reads substantially as follows: [Text
of compact appears at 99 Stat. 1863.]
"SEC. 223. SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE
MANAGEMENT COMPACT.
"In accordance with section 4(a)(2) of the Low-Level Radioactive
Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of the
Congress is hereby given to the States of Alabama, Florida,
Georgia, Mississippi, North Carolina, South Carolina, Tennessee,
and Virginia to enter into the Southeast Interstate Low-Level
Radioactive Waste Management Compact. Such compact is substantially
as follows: [Text of compact appears at 99 Stat. 1871; 103 Stat.
1289.]
"SEC. 224. CENTRAL MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE
COMPACT.
"In accordance with section 4(a)(2) of the Low-Level Radioactive
Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of the
Congress hereby is given to the States of Illinois and Kentucky to
enter into the Central Midwest Interstate Low-Level Radioactive
Waste Compact. Such compact is substantially as follows: [Text of
compact appears at 99 Stat. 1880; 108 Stat. 4607.]
"SEC. 225. MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE
MANAGEMENT COMPACT.
"The consent of Congress is hereby given to the States of Iowa,
Indiana, Michigan, Minnesota, Missouri, Ohio, and Wisconsin to
enter into the Midwest Interstate Compact on Low-level Radioactive
Waste Management. Such compact is as follows: [Text of compact
appears at 99 Stat. 1892.]
"SEC. 226. ROCKY MOUNTAIN LOW-LEVEL RADIOACTIVE WASTE COMPACT.
"In accordance with section 4(a)(2) of the Low-Level Radioactive
Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of the
Congress hereby is given to the States of Arizona, Colorado,
Nevada, New Mexico, Utah, and Wyoming to enter into the Rocky
Mountain Interstate Low-Level Radioactive Waste Compact. Such
compact is substantially as follows: [Text of compact appears at 99
Stat. 1902.]
"SEC. 227. NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE
MANAGEMENT COMPACT.
"In accordance with section 4(a)(2) of the Low-Level Radioactive
Waste Policy Act [42 U.S.C. 2021d(a)(2)], the consent of the
Congress is hereby given to the States of Connecticut, New Jersey,
Delaware, and Maryland to enter into the Northeast Interstate Low-
Level Radioactive Waste Management Compact. Such compact is
substantially as follows: [Text of compact appears at 99 Stat.
1910.]."
-End-
-CITE-
42 USC Sec. 2021e 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2021e. Limited availability of certain regional disposal
facilities during transition and licensing periods
-STATUTE-
(a) Availability of disposal capacity
(1) Pressurized water and boiling water reactors
During the seven-year period beginning January 1, 1986 and
ending December 31, 1992, subject to the provisions of
subsections (b) through (g) of this section, each State in which
there is located a regional disposal facility referred to in
paragraphs (1) through (3) of subsection (b) of this section
shall make disposal capacity available for low-level radioactive
waste generated by pressurized water and boiling water commercial
nuclear power reactors in accordance with the allocations
established in subsection (c) of this section.
(2) Other sources of low-level radioactive waste
During the seven-year period beginning January 1, 1986 and
ending December 31, 1992, subject to the provisions of
subsections (b) through (g) of this section, each State in which
there is located a regional disposal facility referred to in
paragraphs (1) through (3) of subsection (b) of this section
shall make disposal capacity available for low-level radioactive
waste generated by any source not referred to in paragraph (1).
(3) Allocation of disposal capacity
(A) During the seven-year period beginning January 1, 1986 and
ending December 31, 1992, low-level radioactive waste generated
within a sited compact region shall be accorded priority under
this section in the allocation of available disposal capacity at
a regional disposal facility referred to in paragraphs (1)
through (3) of subsection (b) of this section and located in the
sited compact region in which such waste is generated.
(B) Any State in which a regional disposal facility referred to
in paragraphs (1) through (3) of subsection (b) of this section
is located may, subject to the provisions of its compact,
prohibit the disposal at such facility of low-level radioactive
waste generated outside of the compact region if the disposal of
such waste in any given calendar year, together with all other
low-level radioactive waste disposed of at such facility within
that same calendar year, would result in that facility disposing
of a total annual volume of low-level radioactive waste in excess
of 100 per centum of the average annual volume for such facility
designated in subsection (b) of this section: Provided, however,
That in the event that all three States in which regional
disposal facilities referred to in paragraphs (1) through (3) of
subsection (b) of this section act to prohibit the disposal of
low-level radioactive waste pursuant to this subparagraph, each
such State shall, in accordance with any applicable procedures of
its compact, permit, as necessary, the disposal of additional
quantities of such waste in increments of 10 per centum of the
average annual volume for each such facility designated in
subsection (b) of this section.
(C) Nothing in this paragraph shall require any disposal
facility or State referred to in paragraphs (1) through (3) of
subsection (b) of this section to accept for disposal low-level
radioactive waste in excess of the total amounts designated in
subsection (b) of this section.
(4) Cessation of operation of low-level radioactive waste
disposal facility
No provision of this section shall be construed to obligate any
State referred to in paragraphs (1) through (3) of subsection (b)
of this section to accept low-level radioactive waste from any
source in the event that the regional disposal facility located
in such State ceases operations.
(b) Limitations
The availability of disposal capacity for low-level radioactive
waste from any source shall be subject to the following
limitations:
(1) Barnwell, South Carolina
The State of South Carolina, in accordance with the provisions
of its compact, may limit the volume of low-level radioactive
waste accepted for disposal at the regional disposal facility
located at Barnwell, South Carolina to a total of 8,400,000 cubic
feet of low-level radioactive waste during the 7-year period
beginning January 1, 1986, and ending December 31, 1992 (as based
on an average annual volume of 1,200,000 cubic feet of low-level
radioactive waste).
(2) Richland, Washington
The State of Washington, in accordance with the provisions of
its compact, may limit the volume of low-level radioactive waste
accepted for disposal at the regional disposal facility located
at Richland, Washington to a total of 9,800,000 cubic feet of low-
level radioactive waste during the 7-year period beginning
January 1, 1986, and ending December 31, 1992 (as based on an
average annual volume of 1,400,000 cubic feet of low-level
radioactive waste).
(3) Beatty, Nevada
The State of Nevada, in accordance with the provisions of its
compact, may limit the volume of low-level radioactive waste
accepted for disposal at the regional disposal facility located
at Beatty, Nevada to a total of 1,400,000 cubic feet of low-level
radioactive waste during the 7-year period beginning January 1,
1986, and ending December 31, 1992 (as based on an average annual
volume of 200,000 cubic feet of low-level radioactive waste).
(c) Commercial nuclear power reactor allocations
(1) Amount
Subject to the provisions of subsections (a) through (g) of
this section each commercial nuclear power reactor shall upon
request receive an allocation of low-level radioactive waste
disposal capacity (in cubic feet) at the facilities referred to
in subsection (b) of this section during the 4-year transition
period beginning January 1, 1986, and ending December 31, 1989,
and during the 3-year licensing period beginning January 1, 1990,
and ending December 31, 1992, in an amount calculated by
multiplying the appropriate number from the following table by
the number of months remaining in the applicable period as
determined under paragraph (2).
Reactor Type 4-year Transition Period 3-year Licensing Period
In Sited All Other In Sited All Other
Region Locations Region Locations
--------------------------------------------------------------------
PWR 1027 871 934 685
BWR 2300 1951 2091 1533
--------------------------------------------------------------------
(2) Method of calculation
For purposes of calculating the aggregate amount of disposal
capacity available to a commercial nuclear power reactor under
this subsection, the number of months shall be computed beginning
with the first month of the applicable period, or the sixteenth
month after receipt of a full power operating license, whichever
occurs later.
(3) Unused allocations
Any unused allocation under paragraph (1) received by a reactor
during the transition period or the licensing period may be used
at any time after such reactor receives its full power license or
after the beginning of the pertinent period, whichever is later,
but not in any event after December 31, 1992, or after
commencement of operation of a regional disposal facility in the
compact region or State in which such reactor is located,
whichever occurs first.
(4) Transferability
Any commercial nuclear power reactor in a State or compact
region that is in compliance with the requirements of subsection
(e) of this section may assign any disposal capacity allocated to
it under this subsection to any other person in each State or
compact region. Such assignment may be for valuable consideration
and shall be in writing, copies of which shall be filed at the
affected compact commissions and States, along with the
assignor's unconditional written waiver of the disposal capacity
being assigned.
(5) Unusual volumes
(A) The Secretary may, upon petition by the owner or operator
of any commercial nuclear power reactor, allocate to such reactor
disposal capacity in excess of the amount calculated under
paragraph (1) if the Secretary finds and states in writing his
reasons for so finding that making additional capacity available
for such reactor through this paragraph is required to permit
unusual or unexpected operating, maintenance, repair or safety
activities.
(B) The Secretary may not make allocations pursuant to
subparagraph (A) that would result in the acceptance for disposal
of more than 800,000 cubic feet of low-level radioactive waste or
would result in the total of the allocations made pursuant to
this subsection exceeding 11,900,000 cubic feet over the entire
seven-year interim access period.
(6) Limitation
During the seven-year interim access period referred to in
subsection (a) of this section, the disposal facilities referred
to in subsection (b) of this section shall not be required to
accept more than 11,900,000 cubic feet of low-level radioactive
waste generated by commercial nuclear power reactors.
(d) Use of surcharge funds for milestone incentives; consequences
of failure to meet disposal deadline
(1) Surcharges
The disposal of any low-level radioactive waste under this
section (other than low-level radioactive waste generated in a
sited compact region) may be charged a surcharge by the State in
which the applicable regional disposal facility is located, in
addition to the fees and surcharges generally applicable for
disposal of low-level radioactive waste in the regional disposal
facility involved. Except as provided in subsection (e)(2) of
this section, such surcharges shall not exceed -
(A) in 1986 and 1987, $10 per cubic foot of low-level
radioactive waste;
(B) in 1988 and 1989, $20 per cubic foot of low-level
radioactive waste; and
(C) in 1990, 1991, and 1992, $40 per cubic foot of low-level
radioactive waste.
(2) Milestone incentives
(A) Escrow account
Twenty-five per centum of all surcharge fees received by a
State pursuant to paragraph (1) during the seven-year period
referred to in subsection (a) of this section shall be
transferred on a monthly basis to an escrow account held by the
Secretary. The Secretary shall deposit all funds received in a
special escrow account. The funds so deposited shall not be the
property of the United States. The Secretary shall act as
trustee for such funds and shall invest them in interest-
bearing United States Government Securities with the highest
available yield. Such funds shall be held by the Secretary
until -
(i) paid or repaid in accordance with subparagraph (B) or
(C); or
(ii) paid to the State collecting such fees in accordance
with subparagraph (F).
(B) Payments
(i) July 1, 1986. - The twenty-five per centum of any
amount collected by a State under paragraph (1) for low-level
radioactive waste disposed of under this section during the
period beginning on January 15, 1986, and ending June 30,
1986, and transferred to the Secretary under subparagraph
(A), shall be paid by the Secretary in accordance with
subparagraph (D) if the milestone described in subsection
(e)(1)(A) of this section is met by the State in which such
waste originated.
(ii) January 1, 1988. - The twenty-five per centum of any
amount collected by a State under paragraph (1) for low-level
radioactive waste disposed of under this section during the
period beginning July 1, 1986 and ending December 31, 1987,
and transferred to the Secretary under subparagraph (A),
shall be paid by the Secretary in accordance with
subparagraph (D) if the milestone described in subsection
(e)(1)(B) of this section is met by the State in which such
waste originated (or its compact region, where applicable).
(iii) January 1, 1990. - The twenty-five per centum of any
amount collected by a State under paragraph (1) for low-level
radioactive waste disposed of under this section during the
period beginning January 1, 1988 and ending December 31,
1989, and transferred to the Secretary under subparagraph
(A), shall be paid by the Secretary in accordance with
subparagraph (D) if the milestone described in subsection
(e)(1)(C) of this section is met by the State in which such
waste originated (or its compact region, where applicable).
(iv) The twenty-five per centum of any amount collected by
a State under paragraph (1) for low-level radioactive waste
disposed of under this section during the period beginning
January 1, 1990 and ending December 31, 1992, and transferred
to the Secretary under subparagrah (!1) (A), shall be paid by
the Secretary in accordance with subparagraph (D) if, by
January 1, 1993, the State in which such waste originated (or
its compact region, where applicable) is able to provide for
the disposal of all low-level radioactive waste generated
within such State or compact region.
(C) Failure to meet January 1, 1993 deadline
If, by January 1, 1993, a State (or, where applicable, a
compact region) in which low-level radioactive waste is
generated is unable to provide for the disposal of all such
waste generated within such State or compact region -
(i) each State in which such waste is generated, upon the
request of the generator or owner of the waste, shall take
title to the waste, shall be obligated to take possession of
the waste, and shall be liable for all damages directly or
indirectly incurred by such generator or owner as a
consequence of the failure of the State to take possession of
the waste as soon after January 1, 1993 as the generator or
owner notifies the State that the waste is available for
shipment; or
(ii) if such State elects not to take title to, take
possession of, and assume liability for such waste, pursuant
to clause (i), twenty-five per centum of any amount collected
by a State under paragraph (1) for low-level radioactive
waste disposed of under this section during the period
beginning January 1, 1990 and ending December 31, 1992 shall
be repaid, with interest, to each generator from whom such
surcharge was collected. Repayments made pursuant to this
clause shall be made on a monthly basis, with the first such
repayment beginning on February 1, 1993, in an amount equal
to one thirty-sixth of the total amount required to be repaid
pursuant to this clause, and shall continue until the State
(or, where applicable, compact region) in which such low-
level radioactive waste is generated is able to provide for
the disposal of all such waste generated within such State or
compact region or until January 1, 1996, whichever is
earlier.
If a State in which low-level radioactive waste is generated
elects to take title to, take possession of, and assume
liability for such waste pursuant to clause (i), such State
shall be paid such amounts as are designated in subparagraph
(B)(iv). If a State (or, where applicable, a compact region) in
which low-level radioactive waste is generated provides for the
disposal of such waste at any time after January 1, 1993 and
prior to January 1, 1996, such State (or, where applicable,
compact region) shall be paid in accordance with subparagraph
(D) a lump sum amount equal to twenty-five per centum of any
amount collected by a State under paragraph (1): Provided,
however, That such payment shall be adjusted to reflect the
remaining number of months between January 1, 1993 and January
1, 1996 for which such State (or, where applicable, compact
region) provides for the disposal of such waste. If a State
(or, where applicable, a compact region) in which low-level
radioactive waste is generated is unable to provide for the
disposal of all such waste generated within such State or
compact region by January 1, 1996, each State in which such
waste is generated, upon the request of the generator or owner
of the waste, shall take title to the waste, be obligated to
take possession of the waste, and shall be liable for all
damages directly or indirectly incurred by such generator or
owner as a consequence of the failure of the State to take
possession of the waste as soon after January 1, 1996, as the
generator or owner notifies the State that the waste is
available for shipment.
(D) Recipients of payments
The payments described in subparagraphs (B) and (C) shall be
paid within thirty days after the applicable date -
(i) if the State in which such waste originated is not a
member of a compact region, to such State;
(ii) if the State in which such waste originated is a
member of the compact region, to the compact commission
serving such State.
(E) Uses of payments
(i) Limitations
Any amount paid under subparagraphs (B) or (C) may only be
used to -
(I) establish low-level radioactive waste disposal
facilities;
(II) mitigate the impact of low-level radioactive waste
disposal facilities on the host State;
(III) regulate low-level radioactive waste disposal
facilities; or
(IV) ensure the decommissioning, closure, and care during
the period of institutional control of low-level
radioactive waste disposal facilities.
(ii) Reports
(I) Recipient
Any State or compact commission receiving a payment under
subparagraphs (B) or (C) shall, on December 31 of each year
in which any such funds are expended, submit a report to
the Department of Energy itemizing any such expenditures.
(II) Department of Energy
Not later than six months after receiving the reports
under subclause (I), the Secretary shall submit to the
Congress a summary of all such reports that shall include
an assessment of the compliance of each such State or
compact commission with the requirements of clause (i).
(F) Payment to States
Any amount collected by a State under paragraph (1) that is
placed in escrow under subparagraph (A) and not paid to a State
or compact commission under subparagraphs (B) and (C) or not
repaid to a generator under subparagraph (C) shall be paid from
such escrow account to such State collecting such payment under
paragraph (1). Such payment shall be made not later than 30
days after a determination of ineligibility for a refund is
made.
(G) Penalty surcharges
No rebate shall be made under this subsection of any
surcharge or penalty surcharge paid during a period of
noncompliance with subsection (e)(1) of this section.
(e) Requirements for access to regional disposal facilities
(1) Requirements for non-sited compact regions and non-member
States
Each non-sited compact region, or State that is not a member of
a compact region that does not have an operating disposal
facility, shall comply with the following requirements:
(A) By July 1, 1986, each such non-member State shall ratify
compact legislation or, by the enactment of legislation or the
certification of the Governor, indicate its intent to develop a
site for the location of a low-level radioactive waste disposal
facility within such State.
(B) By January 1, 1988
(i) each non-sited compact region shall identify the State
in which its low-level radioactive waste disposal facility is
to be located, or shall have selected the developer for such
facility and the site to be developed, and each compact
region or the State in which its low-level radioactive waste
disposal facility is to be located shall develop a siting
plan for such facility providing detailed procedures and a
schedule for establishing a facility location and preparing a
facility license application and shall delegate authority to
implement such plan;
(ii) each non-member State shall develop a siting plan
providing detailed procedures and a schedule for establishing
a facility location and preparing a facility license
application for a low-level radioactive waste disposal
facility and shall delegate authority to implement such plan;
and
(iii) The siting plan required pursuant to this paragraph
shall include a description of the optimum way to attain
operation of the low-level radioactive waste disposal
facility involved, within the time period specified in
sections 2021b to 2021j of this title. Such plan shall
include a description of the objectives and a sequence of
deadlines for all entities required to take action to
implement such plan, including, to the extent practicable, an
identification of the activities in which a delay in the
start, or completion, of such activities will cause a delay
in beginning facility operation. Such plan shall also
identify, to the extent practicable, the process for (1)
screening for broad siting areas; (2) identifying and
evaluating specific candidate sites; and (3) characterizing
the preferred site(s), completing all necessary environmental
assessments, and preparing a license application for
submission to the Nuclear Regulatory Commission or an
Agreement State.
(C) By January 1, 1990
(i) a complete application (as determined by the Nuclear
Regulatory Commission or the appropriate agency of an
agreement State) shall be filed for a license to operate a
low-level radioactive waste disposal facility within each non-
sited compact region or within each non-member State; or
(ii) the Governor (or, for any State without a Governor,
the chief executive officer) of any State that is not a
member of a compact region in compliance with clause (i), or
has not complied with such clause by its own actions, shall
provide a written certification to the Nuclear Regulatory
Commission, that such State will be capable of providing for,
and will provide for, the storage, disposal, or management of
any low-level radioactive waste generated within such State
and requiring disposal after December 31, 1992, and include a
description of the actions that will be taken to ensure that
such capacity exists.
(D) By January 1, 1992, a complete application (as determined
by the Nuclear Regulatory Commission or the appropriate agency
of an agreement State) shall be filed for a license to operate
a low-level radioactive waste disposal facility within each non-
sited compact region or within each non-member State.
(E) The Nuclear Regulatory Commission shall transmit any
certification received under subparagraph (C) to the Congress
and publish any such certification in the Federal Register.
(F) Any State may, subject to all applicable provisions, if
any, of any applicable compact, enter into an agreement with
the compact commission of a region in which a regional disposal
facility is located to provide for the disposal of all low-
level radioactive waste generated within such State, and, by
virtue of such agreement, may, with the approval of the State
in which the regional disposal facility is located, be deemed
to be in compliance with subparagraphs (A), (B), (C), and (D).
(2) Penalties for failure to comply
(A) By July 1, 1986
If any State fails to comply with subparagraph (1)(A) -
(i) any generator of low-level radioactive waste within
such region or non-member State shall, for the period
beginning July 1, 1986, and ending December 31, 1986, be
charged 2 times the surcharge otherwise applicable under
subsection (d) of this section; and
(ii) on or after January 1, 1987, any low-level radioactive
waste generated within such region or non-member State may be
denied access to the regional disposal facilities referred to
in paragraphs (1) through (3) of subsection (b) of this
section.
(B) By January 1, 1988
If any non-sited compact region or non-member State fails to
comply with paragraph (1)(B) -
(i) any generator of low-level radioactive waste within
such region or non-member State shall -
(I) for the period beginning January 1, 1988, and ending
June 30, 1988, be charged 2 times the surcharge otherwise
applicable under subsection (d) of this section; and
(II) for the period beginning July 1, 1988, and ending
December 31, 1988, be charged 4 times the surcharge
otherwise applicable under subsection (d) of this section;
and
(ii) on or after January 1, 1989, any low-level radioactive
waste generated within such region or non-member State may be
denied access to the regional disposal facilities referred to
in paragraphs (1) through (3) of subsection (b) of this
section.
(C) By January 1, 1990
If any non-sited compact region or non-member State fails to
comply with paragraph (1)(C), any low-level radioactive waste
generated within such region or non-member State may be denied
access to the regional disposal facilities referred to in
paragraphs (1) through (3) of subsection (b) of this section.
(D) By January 1, 1992
If any non-sited compact region or non-member State fails to
comply with paragraph (1)(D), any generator of low-level
radioactive waste within such region or non-member State shall,
for the period beginning January 1, 1992 and ending upon the
filing of the application described in paragraph (1)(D), be
charged 3 times the surcharge otherwise applicable under
subsection (d) of this section.
(3) Denial of access
No denial or suspension of access to a regional disposal
facility under paragraph (2) may be based on the source, class,
or type of low-level radioactive waste.
(4) Restoration of suspended access; penalties for failure to
comply
Any access to a regional disposal facility that is suspended
under paragraph (2) shall be restored after the non-sited compact
region or non-member State involved complies with such
requirement. Any payment of surcharge penalties pursuant to
paragraph (2) for failure to comply with the requirements of this
subsection shall be terminated after the non-sited compact region
or non-member State involved complies with such requirements.
(f) Monitoring of compliance and denial of access to non-Federal
facilities for noncompliance; information requirements of certain
States; proprietary information
(1) Administration
Each State and compact commission in which a regional disposal
facility referred to in paragraphs (1) through (3) of subsection
(b) of this section is located shall have authority -
(A) to monitor compliance with the limitations, allocations,
and requirements established in this section; and
(B) to deny access to any non-Federal low-level radioactive
waste disposal facilities within its borders to any low-level
radioactive waste that -
(i) is in excess of the limitations or allocations
established in this section; or
(ii) is not required to be accepted due to the failure of a
compact region or State to comply with the requirements of
subsection (e)(1) of this section.
(2) Availability of information during interim access period
(A) The States of South Carolina, Washington, and Nevada may
require information from disposal facility operators, generators,
intermediate handlers, and the Department of Energy that is
reasonably necessary to monitor the availability of disposal
capacity, the use and assignment of allocations and the
applicability of surcharges.
(B) The States of South Carolina, Washington, and Nevada may,
after written notice followed by a period of at least 30 days,
deny access to disposal capacity to any generator or intermediate
handler who fails to provide information under subparagraph (A).
(C) Proprietary information. -
(i) Trade secrets, proprietary and other confidential
information shall be made available to a State under this
subsection upon request only if such State -
(I) consents in writing to restrict the dissemination of
the information to those who are directly involved in
monitoring under subparagraph (A) and who have a need to
know;
(II) accepts liability for wrongful disclosure; and
(III) demonstrates that such information is essential to
such monitoring.
(ii) The United States shall not be liable for the wrongful
disclosure by any individual or State of any information
provided to such individual or State under this subsection.
(iii) Whenever any individual or State has obtained
possession of information under this subsection, the individual
shall be subject to the same provisions of law with respect to
the disclosure of such information as would apply to an officer
or employee of the United States or of any department or agency
thereof and the State shall be subject to the same provisions
of law with respect to the disclosure of such information as
would apply to the United States or any department or agency
thereof. No State or State officer or employee who receives
trade secrets, proprietary information, or other confidential
information under sections 2021b to 2021j of this title may be
required to disclose such information under State law.
(g) Nondiscrimination
Except as provided in subsections (b) through (e) of this
section, low-level radioactive waste disposed of under this section
shall be subject without discrimination to all applicable legal
requirements of the compact region and State in which the disposal
facility is located as if such low-level radioactive waste were
generated within such compact region.
-SOURCE-
(Pub. L. 96-573, Sec. 5, as added Pub. L. 99-240, title I, Sec.
102, Jan. 15, 1986, 99 Stat. 1846.)
-COD-
CODIFICATION
Section was enacted as part of the Low-Level Radioactive Waste
Policy Act, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-FOOTNOTE-
(!1) So in original. Probably should be "subparagraph".
-End-
-CITE-
42 USC Sec. 2021f 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2021f. Emergency access
-STATUTE-
(a) In general
The Nuclear Regulatory Commission may grant emergency access to
any regional disposal facility or non-Federal disposal facility
within a State that is not a member of a compact for specific low-
level radioactive waste, if necessary to eliminate an immediate
and serious threat to the public health and safety or the common
defense and security. The procedure for granting emergency access
shall be as provided in this section.
(b) Request for emergency access
Any generator of low-level radioactive waste, or any Governor
(or, for any State without a Governor, the chief executive officer
of the State) on behalf of any generator or generators located in
his or her State, may request that the Nuclear Regulatory
Commission grant emergency access to a regional disposal facility
or a non-Federal disposal facility within a State that is not a
member of a compact for specific low-level radioactive waste. Any
such request shall contain any information and certifications the
Nuclear Regulatory Commission may require.
(c) Determination of Nuclear Regulatory Commission
(1) Required determination
Not later than 45 days after receiving a request under
subsection (b) of this section, the Nuclear Regulatory Commission
shall determine whether -
(A) emergency access is necessary because of an immediate and
serious threat to the public health and safety or the common
defense and security; and
(B) the threat cannot be mitigated by any alternative
consistent with the public health and safety, including storage
of low-level radioactive waste at the site of generation or in
a storage facility obtaining access to a disposal facility by
voluntary agreement, purchasing disposal capacity available for
assignment pursuant to section 2021e(c) of this title or
ceasing activities that generate low-level radioactive waste.
(2) Required notification
If the Nuclear Regulatory Commission makes the determinations
required in paragraph (1) in the affirmative, it shall designate
an appropriate non-Federal disposal facility or facilities, and
notify the Governor (or chief executive officer) of the State in
which such facility is located and the appropriate compact
commission that emergency access is required. Such notification
shall specifically describe the low-level radioactive waste as to
source, physical and radiological characteristics, and the
minimum volume and duration, not exceeding 180 days, necessary to
alleviate the immediate threat to public health and safety or the
common defense and security. The Nuclear Regulatory Commission
shall also notify the Governor (or chief executive officer) of
the State in which the low-level radioactive waste requiring
emergency access was generated that emergency access has been
granted and that, pursuant to subsection (e) of this section, no
extension of emergency access may be granted absent diligent
State action during the period of the initial grant.
(d) Temporary emergency access
Upon determining that emergency access is necessary because of an
immediate and serious threat to the public health and safety or the
common defense and security, the Nuclear Regulatory Commission may
at its discretion grant temporary emergency access, pending its
determination whether the threat could be mitigated by any
alternative consistent with the public health and safety. In
granting access under this subsection, the Nuclear Regulatory
Commission shall provide the same notification and information
required under subsection (c) of this section. Absent a
determination that no alternative consistent with the public health
and safety would mitigate the threat, access granted under this
subsection shall expire 45 days after the granting of temporary
emergency access under this subsection.
(e) Extension of emergency access
The Nuclear Regulatory Commission may grant one extension of
emergency access beyond the period provided in subsection (c) of
this section, if it determines that emergency access continues to
be necessary because of an immediate and serious threat to the
public health and safety or the common defense and security that
cannot be mitigated by any alternative consistent with the public
health and safety, and that the generator of low-level radioactive
waste granted emergency access and the State in which such low-
level radioactive waste was generated have diligently though
unsuccessfully acted during the period of the initial grant to
eliminate the need for emergency access. Any extension granted
under this subsection shall be for the minimum volume and duration
the Nuclear Regulatory Commission finds necessary to eliminate the
immediate threat to public health and safety or the common defense
and security, and shall not in any event exceed 180 days.
(f) Reciprocal access
Any compact region or State not a member of a compact that
provides emergency access to non-Federal disposal facilities within
its borders shall be entitled to reciprocal access to any
subsequently operating non-Federal disposal facility that serves
the State or compact region in which low-level radioactive waste
granted emergency access was generated. The compact commission or
State having authority to approve importation of low-level
radioactive waste to the disposal facility to which emergency
access was granted shall designate for reciprocal access an equal
volume of low-level radioactive waste having similar
characteristics to that provided emergency access.
(g) Approval by compact commission
Any grant of access under this section shall be submitted to the
compact commission for the region in which the designated disposal
facility is located for such approval as may be required under the
terms of its compact. Any such compact commission shall act to
approve emergency access not later than 15 days after receiving
notification from the Nuclear Regulatory Commission, or reciprocal
access not later than 15 days after receiving notification from the
appropriate authority under subsection (f) of this section.
(h) Limitations
No State shall be required to provide emergency or reciprocal
access to any regional disposal facility within its borders for low-
level radioactive waste not meeting criteria established by the
license or license agreement of such facility, or in excess of the
approved capacity of such facility, or to delay the closing of any
such facility pursuant to plans established before receiving a
request for emergency or reciprocal access. No State shall, during
any 12-month period, be required to provide emergency or reciprocal
access to any regional disposal facility within its borders for
more than 20 percent of the total volume of low-level radioactive
waste accepted for disposal at such facility during the previous
calendar year.
(i) Volume reduction and surcharges
Any low-level radioactive waste delivered for disposal under this
section shall be reduced in volume to the maximum extent
practicable and shall be subject to surcharges established in
sections 2021b to 2021j of this title.
(j) Deduction from allocation
Any volume of low-level radioactive waste granted emergency or
reciprocal access under this section, if generated by any
commercial nuclear power reactor, shall be deducted from the low-
level radioactive waste volume allocable under section 2021e(c) of
this title.
(k) Agreement States
Any agreement under section 2021 of this title shall not be
applicable to the determinations of the Nuclear Regulatory
Commission under this section.
-SOURCE-
(Pub. L. 96-573, Sec. 6, as added Pub. L. 99-240, title I, Sec.
102, Jan. 15, 1986, 99 Stat. 1855.)
-COD-
CODIFICATION
Section was enacted as part of the Low-Level Radioactive Waste
Policy Act, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-End-
-CITE-
42 USC Sec. 2021g 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2021g. Responsibilities of Department of Energy
-STATUTE-
(a) Financial and technical assistance
The Secretary shall, to the extent provided in appropriations
Act, provide to those compact regions, host States, and nonmember
States detemined (!1) by the Secretary to require assistance for
purposes of carrying out sections 2021b to 2021j of this title -
(1) continuing technical assistance to assist them in
fulfilling their responsibilities under sections 2021b to 2021j
of this title. Such technical assistance shall include, but not
be limited to, technical guidelines for site selection,
alternative technologies for low-level radioactive waste
disposal, volume reduction options, management techniques to
reduce low-level waste generation, transportation practices for
shipment of low-level wastes, health and safety considerations in
the storage, shipment and disposal of low-level radioactive
wastes, and establishment of a computerized data-base to monitor
the management of low-level radioactive wastes; and
(2) through the end of fiscal year 1993, financial assistance
to assist them in fulfilling their responsibilities under
sections 2021b to 2021j of this title.
(b) Omitted
-SOURCE-
(Pub. L. 96-573, Sec. 7, as added Pub. L. 99-240, title I, Sec.
102, Jan. 15, 1986, 99 Stat. 1858.)
-COD-
CODIFICATION
Subsec. (b) of this section, which required the Secretary to
prepare and submit to Congress on an annual basis a report on low-
level waste disposal, terminated, effective May 15, 2000, pursuant
to section 3003 of Pub. L. 104-66, as amended, set out as a note
under section 1113 of Title 31, Money and Finance. See, also, item
2 on page 84 of House Document No. 103-7.
Section was enacted as part of the Low-Level Radioactive Waste
Policy Act, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-FOOTNOTE-
(!1) So in original. Probably should be "determined".
-End-
-CITE-
42 USC Sec. 2021h 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2021h. Alternative disposal methods
-STATUTE-
(a) Not later than 12 months after January 15, 1986, the Nuclear
Regulatory Commission shall, in consultation with the States and
other interested persons, identify methods for the disposal of low-
level radioactive waste other than shallow land burial, and
establish and publish technical guidance regarding licensing of
facilities that use such methods.
(b) Not later than 24 months after January 15, 1986, the
Commission shall, in consultation with the States and other
interested persons, identify and publish all relevant technical
information regarding the methods identified pursuant to subsection
(a) of this section that a State or compact must provide to the
Commission in order to pursue such methods, together with the
technical requirements that such facilities must meet, in the
judgment of the Commission, if pursued as an alternative to shallow
land burial. Such technical information and requirements shall
include, but need not be limited to, site suitability, site design,
facility operation, disposal site closure, and environmental
monitoring, as necessary to meet the performance objectives
established by the Commission for a licensed low-level radioactive
waste disposal facility. The Commission shall specify and publish
such requirements in a manner and form deemed appropriate by the
Commission.
-SOURCE-
(Pub. L. 96-573, Sec. 8, as added Pub. L. 99-240, title I, Sec.
102, Jan. 15, 1986, 99 Stat. 1858.)
-COD-
CODIFICATION
Section was enacted as part of the Low-Level Radioactive Waste
Policy Act, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-End-
-CITE-
42 USC Sec. 2021i 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2021i. Licensing review and approval
-STATUTE-
In order to ensure the timely development of new low-level
radioactive waste disposal facilities, the Nuclear Regulatory
Commission or, as appropriate, agreement States, shall consider an
application for a disposal facility license in accordance with the
laws applicable to such application, except that the Commission and
the agreement state (!1) shall -
(1) not later than 12 months after January 15, 1986, establish
procedures and develop the technical capability for processing
applications for such licenses;
(2) to the extent practicable, complete all activities
associated with the review and processing of any application for
such a license (except for public hearings) no later than 15
months after the date of receipt of such application; and
(3) to the extent practicable, consolidate all required
technical and environmental reviews and public hearings.
-SOURCE-
(Pub. L. 96-573, Sec. 9, as added Pub. L. 99-240, title I, Sec.
102, Jan. 15, 1986, 99 Stat. 1859.)
-COD-
CODIFICATION
Section was enacted as part of the Low-Level Radioactive Waste
Policy Act, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-FOOTNOTE-
(!1) So in original. Probably should be "States".
-End-
-CITE-
42 USC Sec. 2021j 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2021j. Radioactive waste below regulatory concern
-STATUTE-
(a) Not later than 6 months after January 15, 1986, the
Commission shall establish standards and procedures, pursuant to
existing authority, and develop the technical capability for
considering and acting upon petitions to exempt specific
radioactive waste streams from regulation by the Commission due to
the presence of radionuclides in such waste streams in sufficiently
low concentrations or quantities as to be below regulatory concern.
(b) The standards and procedures established by the Commission
pursuant to subsection (a) of this section shall set forth all
information required to be submitted to the Commission by licensees
in support of such petitions, including, but not limited to -
(1) a detailed description of the waste materials, including
their origin, chemical composition, physical state, volume, and
mass; and
(2) the concentration or contamination levels, half-lives, and
identities of the radionuclides present.
Such standards and procedures shall provide that, upon receipt of a
petition to exempt a specific radioactive waste stream from
regulation by the Commission, the Commission shall determine in an
expeditious manner whether the concentration or quantity of
radionuclides present in such waste stream requires regulation by
the Commission in order to protect the public health and safety.
Where the Commission determines that regulation of a radioactive
waste stream is not necessary to protect the public health and
safety, the Commission shall take such steps as may be necessary,
in an expeditious manner, to exempt the disposal of such
radioactive waste from regulation by the Commission.
-SOURCE-
(Pub. L. 96-573, Sec. 10, as added Pub. L. 99-240, title I, Sec.
102, Jan. 15, 1986, 99 Stat. 1859.)
-COD-
CODIFICATION
Section was enacted as part of the Low-Level Radioactive Waste
Policy Act, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-End-
-CITE-
42 USC Sec. 2022 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2022. Health and environmental standards for uranium mill
tailings
-STATUTE-
(a) Promulgation and revision of rules for protection from hazards
at inactive or depository sites
As soon as practicable, but not later than October 1, 1982, the
Administrator of the Environmental Protection Agency (hereinafter
referred to in this section as the "Administrator") shall, by rule,
promulgate standards of general application (including standards
applicable to licenses under section 104(h) of the Uranium Mill
Tailings Radiation Control Act of 1978 [42 U.S.C. 7914(h)]) for the
protection of the public health, safety, and the environment from
radiological and nonradiological hazards associated with residual
radioactive materials (as defined in section 101 of the Uranium
Mill Tailings Radiation Control Act of 1978 [42 U.S.C. 7911])
located at inactive uranium mill tailings sites and depository
sites for such materials selected by the Secretary of Energy,
pursuant to title I of the Uranium Mill Tailings Radiation Control
Act of 1978 [42 U.S.C. 7911 et seq.]. Standards promulgated
pursuant to this subsection shall, to the maximum extent
practicable, be consistent with the requirements of the Solid Waste
Disposal Act, as amended [42 U.S.C. 6901 et seq.]. In establishing
such standards, the Administrator shall consider the risk to the
public health, safety, and the environment, the environmental and
economic costs of applying such standards, and such other factors
as the Administrator determines to be appropriate. The
Administrator may periodically revise any standard promulgated
pursuant to this subsection. After October 1, 1982, if the
Administrator has not promulgated standards in final form under
this subsection, any action of the Secretary of Energy under title
I of the Uranium Mill Tailings Radiation Control Act of 1978 which
is required to comply with, or be taken in accordance with,
standards of the Administrator shall comply with, or be taken in
accordance with, the standards proposed by the Administrator under
this subsection until such time as the Administrator promulgates
such standards in final form.
(b) Promulgation and revision of rules for protection from hazards
at processing or disposal sites
(1) As soon as practicable, but not later than October 31, 1982,
the Administrator shall, by rule, propose, and within 11 months
thereafter promulgate in final form, standards of general
application for the protection of the public health, safety, and
the environment from radiological and nonradiological hazards
associated with the processing and with the possession, transfer,
and disposal of byproduct material, as defined in section
2014(e)(2) of this title, at sites at which ores are processed
primarily for their source material content or which are used for
the disposal of such byproduct material. If the Administrator fails
to promulgate standards in final form under this subsection by
October 1, 1983, the authority of the Administrator to promulgate
such standards shall terminate, and the Commission may take actions
under this chapter without regard to any provision of this chapter
requiring such actions to comply with, or be taken in accordance
with, standards promulgated by the Administrator. In any such case,
the Commission shall promulgate, and from time to time revise, any
such standards of general application which the Commission deems
necessary to carry out its responsibilities in the conduct of its
licensing activities under this chapter. Requirements established
by the Commission under this chapter with respect to byproduct
material as defined in section 2014(e)(2) of this title shall
conform to such standards. Any requirements adopted by the
Commission respecting such byproduct material before promulgation
by the Commission of such standards shall be amended as the
Commission deems necessary to conform to such standards in the same
manner as provided in subsection (f)(3) of this section. Nothing in
this subsection shall be construed to prohibit or suspend the
implementation or enforcement by the Commission of any requirement
of the Commission respecting byproduct material as defined in
section 2014(e)(2) of this title pending promulgation by the
Commission of any such standard of general application. In
establishing such standards, the Administrator shall consider the
risk to the public health, safety, and the environment, the
environmental and economic costs of applying such standards, and
such other factors as the Administrator determines to be
appropriate.
(2) Such generally applicable standards promulgated pursuant to
this subsection for nonradiological hazards shall provide for the
protection of human health and the environment consistent with the
standards required under subtitle C of the Solid Waste Disposal
Act, as amended [42 U.S.C. 6921 et seq.], which are applicable to
such hazards: Provided, however, That no permit issued by the
Administrator is required under this chapter or the Solid Waste
Disposal Act, as amended [42 U.S.C. 6901 et seq.], for the
processing, possession, transfer, or disposal of byproduct
material, as defined in section 2014(e)(2) of this title. The
Administrator may periodically revise any standard promulgated
pursuant to this subsection. Within three years after such revision
of any such standard, the Commission and any State permitted to
exercise authority under section 2021(b)(2) of this title shall
apply such revised standard in the case of any license for
byproduct material as defined in section 2014(e)(2) of this title
or any revision thereof.
(c) Publication in Federal Register; notice and hearing;
consultations; judicial review; time for petition; venue; copy to
Administrator; record; administrative jurisdiction; review by
Supreme Court; effective date of rule
(1) Before the promulgation of any rule pursuant to this section,
the Administrator shall publish the proposed rule in the Federal
Register, together with a statement of the research, analysis, and
other available information in support of such proposed rule, and
provide a period of public comment of at least thirty days for
written comments thereon and an opportunity, after such comment
period and after public notice, for any interested person to
present oral data, views, and arguments at a public hearing. There
shall be a transcript of any such hearing. The Administrator shall
consult with the Commission and the Secretary of Energy before
promulgation of any such rule.
(2) Judicial review of any rule promulgated under this section
may be obtained by any interested person only upon such person
filing a petition for review within sixty days after such
promulgation in the United States court of appeals for the Federal
judicial circuit in which such person resides or has his principal
place of business. A copy of the petition shall be forthwith
transmitted by the clerk of court to the Administrator. The
Administrator thereupon shall file in the court the written
submissions to, and transcript of, the written or oral proceedings
on which such rule was based as provided in section 2112 of title
28. The court shall have jurisdiction to review the rule in
accordance with chapter 7 of title 5 and to grant appropriate
relief as provided in such chapter. The judgement of the court
affirming, modifying, or setting aside, in whole or in part, any
such rule shall be final, subject to judicial review by the Supreme
Court of the United States upon certiorari or certification as
provided in section 1254 of title 28.
(3) Any rule promulgated under this section shall not take effect
earlier than sixty calendar days after such promulgation.
(d) Federal and State implementation and enforcement
Implementation and enforcement of the standards promulgated
pursuant to subsection (b) of this section shall be the
responsibility of the Commission in the conduct of its licensing
activities under this chapter. States exercising authority pursuant
to section 2021(b)(2) of this title shall implement and enforce
such standards in accordance with subsection (o) of such section.
(e) Other authorities of Administrator unaffected
Nothing in this chapter applicable to byproduct material, as
defined in section 2014(e)(2) of this title, shall affect the
authority of the Administrator under the Clean Air Act of 1970, as
amended [42 U.S.C. 7401 et seq.], or the Federal Water Pollution
Control Act, as amended [33 U.S.C. 1251 et seq.].
(f) Implementation or enforcement of Uranium Mill Licensing
Requirements
(1) Prior to January 1, 1983, the Commission shall not implement
or enforce the provisions of the Uranium Mill Licensing
Requirements published as final rules at 45 Federal Register 65521
to 65538 on October 3, 1980 (hereinafter in this subsection
referred to as the "October 3 regulations"). After December 31,
1982, the Commission is authorized to implement and enforce the
provisions of such October 3 regulations (and any subsequent
modifications or additions to such regulations which may be adopted
by the Commission), except as otherwise provided in paragraphs (2)
and (3) of this subsection.
(2) Following the proposal by the Administrator of standards
under subsection (b) of this section, the Commission shall review
the October 3 regulations, and, not later than 90 days after the
date of such proposal, suspend implementation and enforcement of
any provision of such regulations which the Commission determines
after notice and opportunity for public comment to require a major
action or major commitment by licensees which would be unnecessary
if -
(A) the standards proposed by the Administrator are promulgated
in final form without modification, and
(B) the Commission's requirements are modified to conform to
such standards.
Such suspension shall terminate on the earlier of April 1, 1984 or
the date on which the Commission amends the October 3 regulations
to conform to final standards promulgated by the Administrator
under subsection (b) of this section. During the period of such
suspension, the Commission shall continue to regulate byproduct
material (as defined in section 2014(e)(2) of this title) under
this chapter on a licensee-by-licensee basis as the Commission
deems necessary to protect public health, safety, and the
environment.
(3) Not later than 6 months after the date on which the
Administrator promulgates final standards pursuant to subsection
(b) of this section, the Commission shall, after notice and
opportunity for public comment, amend the October 3 regulations,
and adopt such modifications, as the Commission deems necessary to
conform to such final standards of the Administrator.
(4) Nothing in this subsection may be construed as affecting the
authority or responsibility of the Commission under section 2114 of
this title to promulgate regulations to protect the public health
and safety and the environment.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 275, as added Pub. L. 95-604,
title II, Sec. 206(a), Nov. 8, 1978, 92 Stat. 3039; amended Pub. L.
97-415, Secs. 18(a), 22(b), Jan. 4, 1983, 96 Stat. 2077, 2080;
renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
-REFTEXT-
REFERENCES IN TEXT
The Uranium Mill Tailings Radiation Control Act of 1978, referred
to in subsec. (a), is Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3021,
as amended. Title I of such act is classified generally to
subchapter I (Sec. 7911 et seq.) of chapter 88 of this title. For
complete classification of this act to the Code, see Short Title
note set out under section 7901 of this title and Tables.
The Solid Waste Disposal Act, as amended, referred to in subsecs.
(a) and (b)(2), is title II of Pub. L. 89-272, as amended generally
by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is
classified generally to chapter 82 (Sec. 6901 et seq.) of this
title. Subtitle C of the Solid Waste Disposal Act is classified
generally to subchapter III (Sec. 6921 et seq.) of chapter 82 of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 6901 of this title and
Tables.
The Clean Air Act of 1970, as amended, referred to in subsec.
(e), probably means the Clean Air Act, which is act July 14, 1955,
ch. 360, 69 Stat. 322, as amended, which is classified generally to
chapter 85 (Sec. 7401 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 7401 of this title and Tables.
The Federal Water Pollution Control Act, as amended, referred to
in subsec. (e), is act June 30, 1948, ch. 758, as amended generally
by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is
classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,
Navigation and Navigable Waters. For complete classification of
this Act to the Code, see Short Title note set out under section
1251 of Title 33 and Tables.
-MISC1-
AMENDMENTS
1983 - Subsec. (a). Pub. L. 97-415, Secs. 18(a)(1), 22(b)(1),
substituted "October 1, 1982" for "one year after November 8, 1978"
inserted provisions relating to the application of the
Administrator's proposed standards to actions by the Secretary of
Energy in the event the Administrator fails to promulgate standards
in final form after Oct. 1, 1982, and inserted provisions that in
establishing standards, the Administrator shall consider risk to
public health, safety, and the environment, environmental and
economic costs of applying such standards, and such other factors
as the Administrator determines to be appropriate.
Subsec. (b)(1). Pub. L. 97-415, Secs. 18(a)(2), (3), 22(b)(2),
substituted "October 31, 1982, the Administrator shall, by rule,
propose, and within 11 months thereafter promulgate in final form,"
for "eighteen months after November 8, 1978, the Administrator
shall, by rule, promulgate" inserted provisions relating to the
consequences of failure by the Administrator to promulgate
standards in final form by Oct. 1, 1983, and inserted provisions
that in establishing standards, the Administrator shall consider
risk to public health, safety, and the environment, environmental
and economic costs of applying such standards, and such other
factors as the Administrator determines to be appropriate.
Subsec. (f). Pub. L. 97-415, Sec. 18(a)(4), added subsec. (f).
EFFECTIVE DATE
Section effective Nov. 8, 1978, see section 208 of Pub. L. 95-
604, set out as an Effective Date of 1978 Amendment note under
section 2014 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2023 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 2023. State authority to regulate radiation below level of
regulatory concern of Nuclear Regulatory Commission
-STATUTE-
(a) In general
No provision of this chapter, or of the Low-Level Radioactive
Waste Policy Act [42 U.S.C. 2021b et seq.], may be construed to
prohibit or otherwise restrict the authority of any State to
regulate, on the basis of radiological hazard, the disposal or off-
site incineration of low-level radioactive waste, if the Nuclear
Regulatory Commission, after October 24, 1992, exempts such waste
from regulation.
(b) Relation to other State authority
This section may not be construed to imply preemption of existing
State authority. Except as expressly provided in subsection (a) of
this section, this section may not be construed to confer on any
State any additional authority to regulate activities licensed by
the Nuclear Regulatory Commission.
(c) Definitions
For purposes of this section:
(1) The term "low-level radioactive waste" means radioactive
material classified by the Nuclear Regulatory Commission as low-
level radioactive waste on October 24, 1992.
(2) The term "off-site incineration" means any incineration of
radioactive materials at a facility that is located off the site
where such materials were generated.
(3) The term "State" means each of the several States, the
District of Columbia, and any commonwealth, territory, or
possession of the United States.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 276, as added Pub. L. 102-
486, title XXIX, Sec. 2901(a), Oct. 24, 1992, 106 Stat. 3122.)
-REFTEXT-
REFERENCES IN TEXT
The Low-Level Radioactive Waste Policy Act, referred to in
subsec. (a), is Pub. L. 96-573, as amended generally by Pub. L. 99-
240, title I, Sec. 102, Jan. 15, 1986, 99 Stat. 1842, which is
classified generally to section 2021b et seq. of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 2021b of this title and Tables.
-End-
-CITE-
42 USC SUBCHAPTER II - ORGANIZATION 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER II - ORGANIZATION
-HEAD-
SUBCHAPTER II - ORGANIZATION
-End-
-CITE-
42 USC Secs. 2031, 2032 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER II - ORGANIZATION
-HEAD-
Secs. 2031, 2032. Repealed. Pub. L. 93-438, title I, Sec. 104(a),
Oct. 11, 1974, 88 Stat. 1237
-MISC1-
Section 2031, act Aug. 1, 1946, ch. 724, Sec. 21, as added Aug.
30, 1954, ch. 1073, Sec. 1, 68 Stat. 924; amended Aug. 9, 1955, ch.
697, Sec. 3, 69 Stat. 630, provided for establishment of Atomic
Energy Commission, its composition, Chairman, acting Chairman,
quorum, official spokesman, and seal.
Provisions similar to section 2031 were contained in section
1802(a)(1) of this title prior to the general amendment and
renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68
Stat. 921.
Section 2032, act Aug. 1, 1946, ch. 724, Sec. 22, as added Aug.
30, 1954, ch. 1073, Sec. 1, 68 Stat. 924; amended Sept. 4, 1957,
Pub. L. 85-287, Sec. 1, 71 Stat. 612; Aug. 14, 1964, Pub. L. 88-
426, title III, Sec. 305(10)(A), 78 Stat. 423, provided for
appointment of members of Commission, terms of office, and
prohibition from engaging in any other vocation, business, or
employment, by the members.
Provisions similar to section 2032 were contained in section
1802(a)(2) of this title prior to the general amendment and
renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68
Stat. 921.
EFFECTIVE DATE OF REPEAL
Repeal effective 120 days after Oct. 11, 1974, or on such earlier
date as the President may prescribe and publish in the Federal
Register, see section 312(a) of Pub. L. 93-438, set out as a note
under section 5801 of this title.
-EXEC-
EX. ORD. NO. 9816. TRANSFER OF PROPERTY AND PERSONNEL TO THE ATOMIC
ENERGY COMMISSION
Ex. Ord. No. 9816, eff. Dec. 31, 1946, 12 F.R. 37, provided:
By virtue of the authority vested in me by the Constitution and
the statutes, including the Atomic Energy Act of 1946 [this
chapter], and as President of the United States and Commander in
Chief of the Army and the Navy, it is hereby ordered and directed
as follows:
1. There are transferred to the Atomic Energy Commission all
interests owned by the United States or any Government agency in
the following property:
(a) All fissionable material; all atomic weapons and parts
thereof; all facilities, equipment, and materials for the
processing, production, or utilization of fissionable material or
atomic energy; all processes and technical information of any kind,
and the source thereof (including data, drawings, specifications,
patents, patent applications, and other sources) relating to the
processing, production, or utilization of fissionable material or
atomic energy; and all contracts, agreements, leases, patents,
applications for patents, inventions and discoveries (whether
patented or unpatented), and other rights of any kind concerning
any such items.
(b) All facilities, equipment, and materials, devoted primarily
to atomic energy research and development.
2. There also are transferred to the Atomic Energy Commission all
property, real or personal, tangible or intangible, including
records, owned by or in the possession, custody or control of the
Manhattan Engineer District, War Department, in addition to the
property described in paragraph 1 above. Specific items of such
property, including records, may be excepted from transfer to the
Commission in the following manner:
(a) The Secretary of War shall notify the Commission in writing
as to the specific items of property or records he wishes to
except; and
(b) If after full examination of the facts by the Commission, it
concurs in the exception, those specific items of property or
records shall be excepted from transfer to the Commission; or
(c) If after full examination of the facts by the Commission, it
does not concur in the exception, the matter shall be referred to
the President for decision.
3. The Atomic Energy Commission shall exercise full jurisdiction
over all interests and property transferred to the Commission in
paragraphs 1 and 2 above, in accordance with the provisions of the
Atomic Energy Act of 1946 [this chapter].
4. Any Government agency is authorized to transfer to the Atomic
Energy Commission, at the request of the Commission, any property,
real or personal, tangible or intangible, acquired or used by such
Government agency in connection with any of the property or
interests transferred to the Commission by paragraphs 1 and 2
above.
5. Each Government agency shall supply the Atomic Energy
Commission with a report on, and an accounting and inventory of,
all interests and property, described in paragraphs 1, 2 and 4
above, owned by or in the possession, custody, or control of such
Government agency, the form and detail of such report, accounting
and inventory, to be determined by mutual agreement, or, in case of
nonagreement, by the Director of the Bureau of the Budget.
6. (a) There also are transferred to the Atomic Energy
Commission, all civilian officers and employees of the Manhattan
Engineer District, War Department, except that the Commission and
the Secretary of War may by mutual agreement exclude any of such
personnel from transfer to the Commission.
(b) The military and naval personnel heretofore assigned or
detailed to the Manhattan Engineer District. War Department, shall
continue to be made available to the Commission, for military and
naval duty, in similar manner, without prejudice, to the military
or naval status of such personnel, for such periods of time as may
be agreed mutually by the Commission and the Secretary of War or
the Secretary of the Navy.
7. The assistance and the services, personal or other, including
the use of property, heretofore made available by any Government
agency to the Manhattan Engineer District, War Department, shall be
made available to the Atomic Energy Commission for the same
purposes as heretofore and under the arrangements now existing
until terminated after 30 days notice given by the Commission or by
the Government agency concerned in each case.
8. The Commission is authorized to exercise all of the powers and
functions vested in the Secretary of War by Executive Order No.
9001, of December 27, 1941, as amended, in so far as they relate to
contracts heretofore made by or hereby transferred to the
Commission.
9. Such further measures and dispositions as may be determined by
the Atomic Energy Commission and any Government agency concerned to
be necessary to effectuate the transfers authorized or directed by
this order shall be carried out in such manner as the Director of
the Bureau of the Budget may direct and by such agencies as he may
designate.
10. This order shall be effective as of midnight, December 31,
1946.
Ex. Ord. No. 9816, was amended by Ex. Ord. No. 10657, Feb. 15,
1956, 21 F.R. 1063, and Ex. Ord. No. 11105, Apr. 19, 1963, 28 F.R.
3909, formerly set out as notes under section 2313 of this title,
to the extent that it may be inconsistent with such Executive
orders.
EX. ORD. NO. 9829. EXTENSION OF EXECUTIVE ORDER NO. 9177 TO ATOMIC
ENERGY COMMITTEE
Ex. Ord. No. 9829, eff. Feb. 21, 1947, 12 F.R. 1259, provided:
By virtue of the authority vested in me by the Constitution and
laws of the United States, and particularly by Title I of the First
War Powers Act, 1941, approved December 18, 1941 (55 Stat. 838),
and in the interest of the internal management of the Government, I
hereby extend the provisions of Executive Order No. 9177 of May 30,
1942 (7 F.R. 4195), to the United States Atomic Energy Commission;
and, subject to the limitations contained in that order, I hereby
authorize the United States Atomic Energy Commission to perform and
exercise all of the functions and powers vested in and granted to
the Secretary of War, the Secretary of the Treasury, the Secretary
of Agriculture, and the Reconstruction Finance Corporation by that
order.
This order shall be applicable to articles entered for
consumption, or withdrawn from warehouse for consumption, on or
after January 1, 1947.
-End-
-CITE-
42 USC Sec. 2033 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER II - ORGANIZATION
-HEAD-
Sec. 2033. Principal office
-STATUTE-
The principal office of the Commission shall be in or near the
District of Columbia, but the Commission or any duly authorized
representative may exercise any or all of its powers in any place;
however, the Commission shall maintain an office for the service of
process and papers within the District of Columbia.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 23, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 925; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1802(a)(3) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-MISC2-
EXPENSES FOR MOVE TO NEW PRINCIPAL OFFICE
Pub. L. 85-162, title I, Sec. 109, Aug. 21, 1957, 71 Stat. 407,
as amended by Pub. L. 85-590, Sec. 108, Aug. 4, 1958, 72 Stat. 493,
authorized the Commission to use its funds for the payment for
travel and transportation expenses in connection with the
relocation of residence of employees in order to facilitate
retention and relocation of Commission headquarter employees.
-End-
-CITE-
42 USC Sec. 2034 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER II - ORGANIZATION
-HEAD-
Sec. 2034. General Manager, Deputy and Assistant General Managers
-STATUTE-
There is established within the Commission -
(a) General Manager; chief executive officer; duties;
appointment; removal
a General manager, who shall be the chief executive officer of
the Commission, and who shall discharge such of the
administrative and executive functions of the Commission as the
Commission may direct. The General Manager shall be appointed by
the Commission, shall serve at the pleasure of the Commission and
shall be removable by the Commission.
(b) Deputy General Manager; duties; appointment; removal
a Deputy General Manager, who shall act in the stead of the
General Manager during his absence when so directed by the
General Manager, and who shall perform such other administrative
and executive functions as the General Manager shall direct. The
Deputy General Manager shall be appointed by the General Manager
with the approval of the Commission, shall serve at the pleasure
of the General Manager, and shall be removable by the General
Manager.
(c) Assistant General Managers; duties; appointment; removal
Assistant General Managers, or their equivalents (not to exceed
a total of three positions), who shall perform such
administrative and executive functions as the General Manager
shall direct. They shall be appointed by the General Manager with
the approval of the Commission, shall serve at the pleasure of
the General Manager, and shall be removable by the General
Manager.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 24, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 925; amended Pub. L. 85-287, Sec. 2,
Sept. 4, 1957, 71 Stat. 612; Pub. L. 88-426, title III, Sec.
306(f)(1)-(3), Aug. 14, 1964, 78 Stat. 429; renumbered title I,
Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1802(a)(4)(A) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
1964 - Subsec. (a). Pub. L. 88-426, Sec. 306(f)(1), struck out
provisions which prescribed the compensation of the General
Manager. Such compensation is now prescribed by section 5315 of
Title 5, Government Organization and Employees.
Subsec. (b). Pub. L. 88-426, Sec. 306(f)(2), struck out
provisions which prescribed the compensation of the Deputy General
Manager. Such compensation is now prescribed by section 5316 of
Title 5, Government Organization and Employees.
Subsec. (c). Pub. L. 88-426, Sec. 306(f)(3), struck out
provisions which prescribed the compensation of the Assistant
General Managers. Such compensation is now prescribed by section
5316 of Title 5, Government Organization and Employees.
1957 - Subsec. (a). Pub. L. 85-287 designated existing provisions
as subsec. (a), designated the General Manager as the chief
executive officer of the Commission, and increased his compensation
from $20,000 to $22,000 per annum.
Subsecs. (b), (c). Pub. L. 85-287 added subsecs. (b) and (c).
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to the extent
provided in section 501(c) of Pub. L. 88-426.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2035 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER II - ORGANIZATION
-HEAD-
Sec. 2035. Divisions, offices, and positions
-STATUTE-
There is established within the Commission -
(a) Program divisions; appointment and powers of Assistant
General Manager and Division Directors
a Division of Military Application and such other program
divisions (not to exceed ten in number) as the Commission may
determine to the necessary to the discharge of its
responsibilities, including a division or divisions the primary
responsibilities of which include the development and application
of civilian uses of atomic energy. The Division of Military
Application shall be under the direction of an Assistant General
Manager for Military Application, who shall be appointed by the
Commission and shall be an active commissioned officer of the
Armed Forces serving in general or flag officer rank or grade, as
appropriate. Each other program division shall be under the
direction of a Director who shall be appointed by the Commission.
The Commission shall require each such division to exercise such
of the Commission's administrative and executive powers as the
Commission may determine;
(b) General Counsel
an Office of the General Counsel under the direction of the
General Counsel who shall be appointed by the Commission; and
(c) Inspection Division; duties
an Inspection Division under the direction of a Director who
shall be appointed by the Commission. The Inspection Division
shall be responsible for gathering information to show whether or
not the contractors, licensees, and officers and employees of the
Commission are complying with the provisions of this chapter
(except those provisions for which the Federal Bureau of
Investigation is responsible) and the appropriate rules and
regulations of the Commission.
(d) Executive management positions; appointment; removal
such other executive management positions (not to exceed six in
number) as the Commission may determine to be necessary to the
discharge of its responsibilities. Such positions shall be
established by the General Manager with the approval of the
Commission. They shall be appointed by the General Manager with
the approval of the Commission, shall serve at the pleasure of
the General Manager, and shall be removable by the General
Manager.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 25, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 925; amended Pub. L. 85-287, Sec. 3,
Sept. 4, 1957, 71 Stat. 612; Pub. L. 88-426, title III, Sec.
306(f)(4)-(7), Aug. 14, 1964, 78 Stat. 429, 430; Pub. L. 90-190,
Sec. 5, Dec. 14, 1967, 81 Stat. 577; renumbered title I, Pub. L.
102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1802(a)(4)(B) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
1967 - Subsec. (a). Pub. L. 90-190 substituted an Assistant
General Manager for Military Application, who would be appointed by
the Commission, for the Director of the Division of Military
Application as the head of the Division of Military Application,
inserted requirement that the Assistant General Manager be a
commissioned officer of the Armed Forces serving in general or flag
officer rank or grade, as appropriate, and substituted "other
program division" for "such division".
1964 - Subsec. (a). Pub. L. 88-426, Sec. 306(f)(4), struck out
provisions which prescribed the compensation of directors of
program divisions.
Subsec. (b). Pub. L. 88-426, Sec. 306(f)(5), struck out
provisions which prescribed compensation of General Counsel. Such
compensation is now prescribed by section 5316 of Title 5,
Government Organization and Employees.
Subsec. (c). Pub. L. 88-426, Sec. 306(f)(6), struck out
provisions which prescribed compensation of Director of Inspection
Division.
Subsec. (d). Pub. L. 88-426, Sec. 306(f)(7), struck out
provisions which prescribed compensation of executive management
positions.
1957 - Pub. L. 85-287 substituted "Divisions, offices, and
positions" for "Divisions and offices" in section catchline.
Subsec. (a). Pub. L. 85-287 increased compensation of Director
from $16,000 to $19,000 per annum.
Subsec. (b). Pub. L. 85-287 increased compensation of General
Counsel from $16,000 to $19,500 per annum.
Subsec. (c). Pub. L. 85-287 increased compensation of Director
from $16,000 to $19,000 per annum.
Subsec. (d). Pub. L. 85-287 added subsec. (d).
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to the extent
provided in section 501(c) of Pub. L. 88-426.
-TRANS-
TRANSFER OF FUNCTIONS
Divisions of Military Application and Naval Reactors, both
established under this section, transferred to Department of Energy
by section 7158 of this title, with such organizational units to be
deemed organizational units established by chapter 84 (Sec. 7101 et
seq.) of this title. Energy Research and Development Administration
terminated pursuant to sections 7151(a) and 7293 of this title.
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. Divisions of Military
Application and Naval Reactors established under this section
transferred to Energy Research and Development Administration and
functions of Atomic Energy Commission with respect thereto
transferred to Administrator by section 5814(d) of this title. See
also Transfer of Functions notes set out under sections 5814 and
5841 of this title.
-End-
-CITE-
42 USC Sec. 2036 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER II - ORGANIZATION
-HEAD-
Sec. 2036. Repealed. Pub. L. 95-91, title VII, Sec. 709(c)(1), Aug.
4, 1977, 91 Stat. 608
-MISC1-
Section, act Aug. 1, 1946, ch. 724, Sec. 26, as added Aug. 30,
1954, ch. 1073, Sec. 1, 68 Stat. 926, established a General
Advisory Committee to advise the Atomic Energy Commission on
scientific and technical matters relating to materials, production,
and research and development.
Provisions similar to this section were contained in section
1802(b) of this title prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-End-
-CITE-
42 USC Sec. 2037 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER II - ORGANIZATION
-HEAD-
Sec. 2037. Repealed. Pub. L. 99-661, div. C, title I, Sec. 3137(c),
Nov. 14, 1986, 100 Stat. 4066
-MISC1-
Section, act Aug. 1, 1946, ch. 724, Sec. 27, as added Aug. 30,
1954, ch. 1073, Sec. 1, 68 Stat. 926; amended Aug. 14, 1964, Pub.
L. 88-426, title III, Sec. 305(10)(B), 78 Stat. 423, related to
Military Liaison Committee, its composition and duties, and
authority of Defense Department to make recommendations to
Committee.
-End-
-CITE-
42 USC Sec. 2038 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER II - ORGANIZATION
-HEAD-
Sec. 2038. Appointment of Army, Navy, or Air Force officer as
Assistant General Manager for Military Application; Chairman of
Military Liaison Committee; compensation
-STATUTE-
Notwithstanding the provisions of any other law, the officer of
the Army, Navy, or Air Force serving as Assistant General Manager
for Military Application shall serve without prejudice to his
commissioned status as such officer. Any such officer serving as
Assistant General Manager for Military Application shall receive in
addition to his pay and allowances, including special and incentive
pays, for which pay and allowances the Commission shall reimburse
his service, an amount equal to the difference between such pay and
allowances, including special and incentive pays, and the
compensation established for this position. Notwithstanding the
provisions of any other law, any active or retired officer of the
Army, Navy, or Air Force may serve as Chairman of the Military
Liaison Committee without prejudice to his active or retired status
as such officer. Any such active officer serving as Chairman of the
Military Liaison Committee shall receive, in addition to his pay
and allowances, including special and incentive pays, an amount
equal to the difference between such pay and allowances, including
special and incentive pays, and the compensation fixed for such
Chairman. Any such retired officer serving as Chairman of the
Military Liaison Committee shall receive the compensation fixed for
such Chairman and his retired pay.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 28, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 926; amended Pub. L. 88-426, title III,
Sec. 306(f)(8), Aug. 14, 1964, 78 Stat. 430; Pub. L. 88-448, title
IV, Sec. 401(f), Aug. 19, 1964, 78 Stat. 490; Pub. L. 90-190, Sec.
6, Dec. 14, 1967, 81 Stat. 577; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub.
L. 107-107, div. A, title X, Sec. 1048(i)(11), Dec. 28, 2001, 115
Stat. 1230.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1802(d) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
2001 - Pub. L. 107-107 struck out ", subject to section 201 of
the Dual Compensation Act" before period at end.
1967 - Pub. L. 90-190 substituted "the officer of the Army, Navy,
or Air Force serving" for "any active officer of the Army, Navy, or
Air Force may serve" and "Assistant General Manager for Military
Application" for "Director of the Division of Military Application"
wherever appearing, provided for reimbursement by the Commission to
the service of the Assistant General Manager for the pay and
allowances received by him from his service while he is serving as
Assistant General Manager, and struck out references to sections
2211 and 2213 of former title 5.
1964 - Pub. L. 88-448 substituted provisions permitting a retired
officer serving as Chairman of the Military Liaison Committee to
receive the compensation fixed for such Chairman and his retired
pay, subject to section 3102 of former title 5, for provisions
which permitted a retired officer serving as Chairman to receive in
addition to his retired pay, an amount equal to the difference
between his retired pay and the compensation prescribed for the
Chairman.
Pub. L. 88-426 substituted "and the compensation established for
this position pursuant to section 2211 or 2213 of title 5" for "and
the compensation prescribed in section 2035 of this title".
EFFECTIVE DATE OF 1964 AMENDMENTS
Amendment by Pub. L. 88-448 effective on first day of first month
which begins later than the ninetieth day following Aug. 19, 1964,
see section 403 of Pub. L. 88-448.
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to the extent
provided in section 501(c) of Pub. L. 88-426.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2039 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER II - ORGANIZATION
-HEAD-
Sec. 2039. Advisory Committee on Reactor Safeguards; composition;
tenure; duties; compensation
-STATUTE-
There is established an Advisory Committee on Reactor Safeguards
consisting of a maximum of fifteen members appointed by the
Commission for terms of four years each. The Committee shall review
safety studies and facility license applications referred to it and
shall make reports thereon, shall advise the Commission with regard
to the hazards of proposed or existing reactor facilities and the
adequacy of proposed reactor safety standards, and shall perform
such other duties as the Commission may request. One member shall
be designated by the Committee as its Chairman. The members of the
Committee shall receive a per diem compensation for each day spent
in meetings or conferences, or other work of the Committee, and all
members shall receive their necessary traveling or other expenses
while engaged in the work of the Committee. The provisions of
section 2203 of this title shall be applicable to the Committee.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 29, as added Pub. L. 85-256,
Sec. 5, Sept. 2, 1957, 71 Stat. 579; amended Pub. L. 95-209, Sec.
5, Dec. 13, 1977, 91 Stat. 1483; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub.
L. 105-362, title XII, Sec. 1201(a), Nov. 10, 1998, 112 Stat.
3292.)
-MISC1-
AMENDMENTS
1998 - Pub. L. 105-362 struck out at end "In addition to its
other duties under this section, the committee, making use of all
available sources, shall undertake a study of reactor safety
research and prepare and submit annually to the Congress a report
containing the results of such study. The first such report shall
be submitted to the Congress not later than December 31, 1977."
1977 - Pub. L. 95-209 inserted provisions which called for a
study of reactor safety research and an annual report on results of
study.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-MISC2-
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period following Jan.
5, 1973, unless, in the case of a committee established by the
President or an officer of the Federal Government, such committee
is renewed by appropriate action prior to the expiration of such 2-
year period, or in the case of a committee established by the
Congress, its duration is otherwise provided by law. See section 14
of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the
Appendix to Title 5, Government Organization and Employees.
-End-
-CITE-
42 USC Sec. 2040 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER II - ORGANIZATION
-HEAD-
Sec. 2040. Fellowship program of Advisory Committee on Reactor
Safeguards; selection of fellowships
-STATUTE-
To assist the Advisory Committee on Reactor Safeguards in
carrying out its function, the committee shall establish a
fellowship program under which persons having appropriate
engineering or scientific expertise are assigned particular tasks
relating to the functions of the committee. Such fellowship shall
be for 2-year periods and the recipients of such fellowships shall
be selected pursuant to such criteria as may be established by the
committee.
-SOURCE-
(Pub. L. 95-209, Sec. 6, Dec. 13, 1977, 91 Stat. 1483.)
-COD-
CODIFICATION
Section was not enacted as part of the Atomic Energy Act of 1954.
-End-
-CITE-
42 USC SUBCHAPTER III - RESEARCH 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER III - RESEARCH
-HEAD-
SUBCHAPTER III - RESEARCH
-End-
-CITE-
42 USC Sec. 2051 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER III - RESEARCH
-HEAD-
Sec. 2051. Research and development assistance
-STATUTE-
(a) Contracts and loans for research activities
The Commission is directed to exercise its powers in such manner
as to insure the continued conduct of research and development and
training activities in the fields specified below, by private or
public institutions or persons, and to assist in the acquisition of
an ever-expanding fund of theoretical and practical knowledge in
such fields. To this end the Commission is authorized and directed
to make arrangements (including contracts, agreements, and loans)
for the conduct of research and development activities relating to -
(1) nuclear processes;
(2) the theory and production of atomic energy, including
processes, materials, and devices related to such production;
(3) utilization of special nuclear material and radioactive
material for medical, biological, agricultural, health, or
military purposes;
(4) utilization of special nuclear material, atomic energy, and
radioactive material and processes entailed in the utilization or
production of atomic energy or such material for all other
purposes, including industrial or commercial uses, the generation
of usable energy, and the demonstration of advances in the
commercial or industrial application of atomic energy;
(5) the protection of health and the promotion of safety during
research and production activities; and
(6) the preservation and enhancement of a viable environment by
developing more efficient methods to meet the Nation's energy
needs.
(b) Grants and contributions
The Commission is authorized -
(1) to make grants and contributions to the cost of
construction and operation of reactors and other facilities and
other equipment to colleges, universities, hospitals, and
eleemosynary or charitable institutions for the conduct of
educational and training activities relating to the fields in
subsection (a) of this section; and
(2) to provide grants, loans, cooperative agreements,
contracts, and equipment to institutions of higher education (as
defined in section 1002 of title 20) to support courses, studies,
training, curricula, and disciplines pertaining to nuclear
safety, security, or environmental protection, or any other field
that the Commission determines to be critical to the regulatory
mission of the Commission.
(c) Purchase of supplies without advertising
The Commission may (1) make arrangements pursuant to this
section, without regard to the provisions of section 5 of title 41,
upon certification by the Commission that such action is necessary
in the interest of the common defense and security, or upon a
showing by the Commission that advertising is not reasonably
practicable; (2) make partial and advance payments under such
arrangements; and (3) make available for use in connection
therewith such of its equipment and facilities as it may deem
desirable.
(d) Prevention of dissemination of information prohibited; other
conditions of agreements
The arrangements made pursuant to this section shall contain such
provisions (1) to protect health, (2) to minimize danger to life or
property, and (3) to require the reporting and to permit the
inspection of work performed thereunder, as the Commission may
determine. No such arrangement shall contain any provisions or
conditions which prevent the dissemination of scientific or
technical information, except to the extent such dissemination is
prohibited by law.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 31, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 927; amended Aug. 6, 1956, ch. 1015,
Secs. 2, 3, 70 Stat. 1069; Pub. L. 91-560, Sec. 1, Dec. 19, 1970,
84 Stat. 1472; Pub. L. 92-84, title II, Sec. 201(a), Aug. 11, 1971,
85 Stat. 307; renumbered title I, Pub. L. 102-486, title IX, Sec.
902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 109-58, title VI,
Sec. 651(c)(1), Aug. 8, 2005, 119 Stat. 801.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1803(a) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
2005 - Subsec. (b). Pub. L. 109-58 inserted heading, inserted
par. (1) designation before "to make grants", in introductory
provisions substituted "authorized - " for "further authorized",
and added par. (2).
1971 - Subsec. (a)(6). Pub. L. 92-84 added par. (6).
1970 - Subsec. (a)(4). Pub. L. 91-560 inserted commercial uses as
an additional purpose and substituted "demonstration of advances in
the commercial or industrial application of atomic energy" for
"demonstration of the practical value of utilization or production
facilities for industrial or commercial purposes".
1956 - Subsec. (a). Act Aug. 6, 1956, Sec. 2, inserted "and
training" after "development" in first sentence.
Subsecs. (b) to (d). Act Aug. 6, 1956, Sec. 3, added subsec. (b)
and redesignated former subsecs. (b) and (c) as (c) and (d),
respectively.
THREE MILE ISLAND NUCLEAR STATION, PA.; FEASIBILITY OF
EPIDEMIOLOGICAL RESEARCH ON HEALTH EFFECTS OF LOW-LEVEL RADIATION;
REPORT TO CONGRESS
Pub. L. 96-295, title III, Sec. 308(a), June 30, 1980, 94 Stat.
792, provided that in the conduct of the study required by Pub. L.
95-601, Sec. 5(d), Nov. 6, 1978, 92 Stat. 2949, on options for
Federal epidemiological research on the health effects of low-level
ionizing radiation, set out below, the Nuclear Regulatory
Commission and the Environmental Protection Agency, in consultation
with the Secretary of Health and Human Services, evaluate the
feasibility of epidemiological research on the health effects of
low-level ionizing radiation exposure to licensee, contractor, and
subcontractor employees as a result of the accident of March 28,
1979, at unit two of the Three Mile Island Nuclear Station in
Pennsylvania, the efforts to stabilize such facility or reduce or
prevent radioactive unplanned offsite releases in excess of
allowable limits for normal operation established by the
Commission, or efforts to decontaminate, decommission, or repair
such facility, with the report required by such section 5(d) of
Pub. L. 95-601 to include the results of this evaluation.
STUDY ON HEALTH EFFECTS OF LOW-LEVEL RADIATION; REPORT TO CONGRESS
Pub. L. 95-601, Sec. 5, Nov. 6, 1978, 92 Stat. 2949, as amended
by Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat.
695; Pub. L. 96-295, title III, Sec. 308(b), June 30, 1980, 94
Stat. 792, provided that the Nuclear Regulatory Commission and the
Environmental Protection Agency, in consultation with the Secretary
of Health and Human Services, conduct preliminary planning and
design studies for epidemiological research on the health effects
of low-level ionizing radiation, within thirty days after Nov. 6,
1978, the Commission and the Environmental Protection Agency submit
to the Congress a memorandum of understanding to delineate their
responsibilities in the conduct of the planning studies, on or
before Apr. 1, 1979, the Commission and the Environmental
Protection Agency submit a report to the Congress containing an
assessment of the capabilities and research needs of such agencies
in the area of health effects of low-level ionizing radiation, and
on or before Sept. 30, 1980, the Commission and the Environmental
Protection Agency, in consultation with the Secretary of Health and
Human Services, submit a report to the Congress which includes a
study of options for Federal epidemiological research on the health
effects of low-level ionizing radiation with evaluations of the
feasibility of such options.
-End-
-CITE-
42 USC Sec. 2052 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER III - RESEARCH
-HEAD-
Sec. 2052. Research by Commission
-STATUTE-
The Commission is authorized and directed to conduct, through its
own facilities, activities and studies of the types specified in
section 2051 of this title.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 32, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 928; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1803(b) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2053 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER III - RESEARCH
-HEAD-
Sec. 2053. Research for others; charges
-STATUTE-
Where the Commission finds private facilities or laboratories are
inadequate for the purpose, it is authorized to conduct for other
persons, through its own facilities, such of those activities and
studies of the types specified in section 2051 of this title as it
deems appropriate to the development of energy. To the extent the
Commission determines that private facilities or laboratories are
inadequate for the purpose, and that the Commission's facilities,
or scientific or technical resources have the potential of lending
significant assistance to other persons in the fields of protection
of public health and safety, the Commission may also assist other
persons in these fields by conducting for such persons, through the
Commission's own facilities, research and development or training
activities and studies. The Commission is authorized to determine
and make such charges as in its discretion may be desirable for the
conduct of the activities and studies referred to in this section.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 33, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 928; amended Pub. L. 90-190, Sec. 7,
Dec. 14, 1967, 81 Stat. 577; Pub. L. 92-84, title II, Sec. 201(b),
Aug. 11, 1971, 85 Stat. 307; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1971 - Pub. L. 92-84 substituted provisions authorizing the
Commission to conduct research for other persons for the
development of energy, for provisions authorizing the Commission to
conduct research for other persons for the development of atomic
energy.
1967 - Pub. L. 90-190 inserted provision which authorized the
Commission, to the extent the Commission made certain
determinations, to assist other persons on the fields of protection
of public health and safety by conducting for such persons, through
the facilities of the Commission, research and development or
training activities and studies, and substituted "the activities
and studies referred to in this section" for "such activities and
studies".
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR
MATERIAL 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL
-HEAD-
SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL
-End-
-CITE-
42 USC Sec. 2061 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL
-HEAD-
Sec. 2061. Production facilities
-STATUTE-
(a) Ownership
The Commission, as agent of and on behalf of the United States,
shall be the exclusive owner of all production facilities other
than facilities which (1) are useful in the conduct of research and
development activities in the fields specified in section 2051 of
this title, and do not, in the opinion of the Commission, have a
potential production rate adequate to enable the user of such
facilities to produce within a reasonable period of time a
sufficient quantity of special nuclear material to produce an
atomic weapon; (2) are licensed by the Commission under this
division; or (3) are owned by the United States Enrichment
Corporation.
(b) Operation of Commission's facilities
The Commission is authorized and directed to produce or to
provide for the production of special nuclear material in its own
production facilities. To the extent deemed necessary, the
Commission is authorized to make, or to continue in effect,
contracts with persons obligating them to produce special nuclear
material in facilities owned by the Commission. The Commission is
also authorized to enter into research and development contracts
authorizing the contractor to produce special nuclear material in
facilities owned by the Commission to the extent that the
production of such special nuclear material may be incident to the
conduct of research and development activities under such
contracts. Any contract entered into under this section shall
contain provisions (1) prohibiting the contractor from
subcontracting any part of the work he is obligated to perform
under the contract, except as authorized by the Commission; and (2)
obligating the contractor (A) to make such reports pertaining to
activities under the contract to the Commission as the Commission
may require, (B) to submit to inspection by employees of the
Commission of all such activities, and (C) to comply with all
safety and security regulations which may be prescribed by the
Commission. Any contract made under the provisions of this
subsection may be made without regard to the provisions of section
5 of title 41, upon certification by the Commission that such
action is necessary in the interest of the common defense and
security, or upon a showing by the Commission that advertising is
not reasonably practicable. Partial and advance payments may be
made under such contracts.
(c) Operation of other facilities
Special nuclear material may be produced in the facilities which
under this section are not required to be owned by the Commission.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 41, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 928; amended Pub. L. 90-190, Sec. 8,
Dec. 14, 1967, 81 Stat. 577; Pub. L. 101-575, Sec. 5(c), Nov. 15,
1990, 104 Stat. 2835; renumbered title I and amended Pub. L. 102-
486, title IX, Sec. 902(a)(2), (8), Oct. 24, 1992, 106 Stat. 2943,
2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to those comprising this section were
contained in section 4 of act Aug. 1, 1946, ch. 724, 60 Stat. 759,
which was classified to section 1804 of this title, prior to the
general amendment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.
AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-486, Sec. 902(a)(2), substituted
"under this division" for "pursuant to under this chapter" in cl.
(2) and added cl. (3).
1990 - Subsec. (a)(2). Pub. L. 101-575 substituted "under this
chapter" for "section 2133 or 2134 of this title".
1967 - Subsec. (b). Pub. L. 90-190 struck out provision requiring
the President to determine in writing at least once each year the
quantities of special nuclear material to be produced under this
section, and to specify in such determination the quantities of
special nuclear material to be available for distribution by the
Commission pursuant to sections 2073 and 2074 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-MISC2-
REFERENCES TO UNITED STATES ENRICHMENT CORPORATION
References to the United States Enrichment Corporation deemed, as
of the privatization date (July 28, 1998), to be references to the
private corporation, see section 3116(e) of Pub. L. 104-134, set
out as a note under former section 2297 of this title.
ISOTOPE PRODUCTION AND DISTRIBUTION PROGRAM FUND
Pub. L. 103-316, title III, Aug. 26, 1994, 108 Stat. 1715,
provided in part: "That the Secretary of Energy may transfer
available amounts appropriated for use by the Department of Energy
under title III of previously enacted Energy and Water Development
Appropriations Acts [see below] into the Isotope Production and
Distribution Program Fund, in order to continue isotope production
and distribution activities: Provided further, That the authority
to use these amounts appropriated is effective from the date of
enactment of this Act [Aug. 26, 1994]: Provided further, That fees
set by the Secretary for the sale of isotopes and related services
shall hereafter be determined without regard to the provisions of
Energy and Water Development Appropriations Act (Public Law 101-
101) [see below]: Provided further, That amounts provided for
isotope production and distribution in previous Energy and Water
Development Appropriations Acts shall be treated as direct
appropriations and shall be merged with funds appropriated under
this head [Energy Supply, Research and Development Activities]."
Pub. L. 102-377, title III, Oct. 2, 1992, 106 Stat. 1334,
provided in part that: "Revenues received hereafter from the
disposition of isotopes and related services shall be credited to
this account, to be available for carrying out the purposes of the
isotope production and distribution program without further
appropriation: Provided, That such revenues and all funds provided
under this head in Public Law 101-101 [set out below] shall remain
available until expended: Provided further, That if at any time the
amounts available to the fund are insufficient to enable the
Department of Energy to discharge its responsibilities with respect
to isotope production and distribution, the Secretary may borrow
from amounts available in the Treasury, such sums as are necessary
up to a maximum of $5,000,000 to remain available until expended."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 102-104, title III, Aug. 17, 1991, 105 Stat. 528.
Pub. L. 101-514, title III, Nov. 5, 1990, 104 Stat. 2090.
Pub. L. 101-101, title III, Sept. 29, 1989, 103 Stat. 659,
provided in part that: "For necessary expenses of activities
related to the production, distribution, and sale of isotopes and
related services, $16,243,000, to remain available until expended:
Provided, That this amount and, notwithstanding 31 U.S.C. 3302,
revenues received from the disposition of isotopes and related
services shall be credited to this account to be available for
carrying out these purposes without further appropriation: Provided
further, That all unexpended balances of previous appropriations
made for the purpose of carrying out activities related to the
production, distribution, and sale of isotopes and related services
may be transferred to this fund and merged with other balances in
the fund and be available under the same conditions and for the
same period of time: Provided further, That fees shall be set by
the Secretary of Energy in such a manner as to provide full cost
recovery, including administrative expenses, depreciation of
equipment, accrued leave, and probable losses: Provided further,
That all expenses of this activity shall be paid only from funds
available in this fund: Provided further, That at any time the
Secretary of Energy determines that moneys in the fund exceed the
anticipated requirements of the fund, such excess shall be
transferred to the general fund of the Treasury."
-End-
-CITE-
42 USC Sec. 2062 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL
-HEAD-
Sec. 2062. Irradiation of materials
-STATUTE-
The Commission and persons lawfully producing or utilizing
special nuclear material are authorized to expose materials of any
kind to the radiation incident to the processes of producing or
utilizing special nuclear material.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 42, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 929; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to those comprising this section were
contained in section 4 of act Aug. 1, 1946, ch. 724, 60 Stat. 759,
which was classified to section 1804 of this title, prior to the
general amendment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2063 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL
-HEAD-
Sec. 2063. Acquisition of production facilities
-STATUTE-
The Commission is authorized to purchase any interest in
facilities for the production of special nuclear materials, or in
real property on which such facilities are located, without regard
to the provisions of section 5 of title 41 upon certification by
the Commission that such action is necessary in the interest of the
common defense and security, or upon a showing by the Commission
that advertising is not reasonably practicable. Partial and advance
payments may be made under contracts for such purposes. The
Commission is further authorized to requisition, condemn, or
otherwise acquire any interest in such production facilities, or to
condemn or otherwise acquire such real property, and just
compensation shall be made therefor.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 43, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 929; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to those comprising this section were
contained in section 5 of act Aug. 1, 1946, ch. 724, 60 Stat. 760,
which was classified to section 1805 of this title, prior to the
general amendment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2064 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL
-HEAD-
Sec. 2064. Disposition of energy; regulation on sale
-STATUTE-
If energy is produced at production facilities of the Commission
or is produced in experimental utilization facilities of the
Commission, such energy may be used by the Commission, or
transferred to other Government agencies, or sold to publicly,
cooperatively, or privately owned utilities or users at reasonable
and nondiscriminatory prices. If the energy produced is electric
energy, the price shall be subject to regulation by the appropriate
agency having jurisdiction. In contracting for the disposal of such
energy, the Commission shall give preference and priority to public
bodies and cooperatives or to privately owned utilities providing
electric utility services to high cost areas not being served by
public bodies or cooperatives. Nothing in this chapter shall be
construed to authorize the Commission to engage in the sale or
distribution of energy for commercial use except such energy as may
be produced by the Commission incident to the operation of research
and development facilities of the Commission, or of production
facilities of the Commission.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 44, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 929; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to those comprising this section were
contained in section 7(d) of act Aug. 1, 1946, ch. 724, 60 Stat.
764, which was classified to section 1807(d) of this title, prior
to the general amendment and renumbering of act Aug. 1, 1946, by
act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL
-HEAD-
SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL
-End-
-CITE-
42 USC Sec. 2071 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL
-HEAD-
Sec. 2071. Determination of other material as special nuclear
material; Presidential assent; effective date
-STATUTE-
The Commission may determine from time to time that other
material is special nuclear material in addition to that specified
in the definition as special nuclear material. Before making any
such determination, the Commission must find that such material is
capable of releasing substantial quantities of atomic energy and
must find that the determination that such material is special
nuclear material is in the interest of the common defense and
security, and the President must have expressly assented in writing
to the determination. The Commission's determination, together with
the assent of the President, shall be submitted to the Energy
Committees and a period of thirty days shall elapse while Congress
is in session (in computing such thirty days, there shall be
excluded the days on which either House is not in session because
of an adjournment for more than three days) before the
determination of the Commission may become effective: Provided,
however, That the Energy Committees, after having received such
determination, may by resolution in writing, waive the conditions
of or all or any portion of such thirty-day period.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 51, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 929; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;
amended Pub. L. 103-437, Sec. 15(f)(2), Nov. 2, 1994, 108 Stat.
4592.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1805(a)(1) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
1994 - Pub. L. 103-437 substituted "Energy Committees" for "Joint
Committee" in two places.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2072 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL
-HEAD-
Sec. 2072. Repealed. Pub. L. 88-489, Sec. 4, Aug. 26, 1964, 78
Stat. 603
-MISC1-
Section, act Aug. 1, 1946, ch. 724, Sec. 52, as added Aug. 30,
1954, ch. 1073, Sec. 1, 68 Stat. 929, related to Government
ownership of all special nuclear material and provided for
compensation of private owners of such material.
EXTINGUISHMENT OF RIGHTS, TITLE AND INTEREST IN SPECIAL NUCLEAR
MATERIAL
Section 4 of Pub. L. 88-489 provided in part that: "All rights,
title, and interest in and to any special nuclear material vested
in the United States solely by virtue of the provisions of the
first sentence of such section 52 [this section], and not by any
other transaction authorized by the Atomic Energy Act of 1954, as
amended [this chapter], or other applicable law, are hereby
extinguished."
-End-
-CITE-
42 USC Sec. 2073 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL
-HEAD-
Sec. 2073. Domestic distribution of special nuclear material
-STATUTE-
(a) Licenses
The Commission is authorized (i) to issue licenses to transfer or
receive in interstate commerce, transfer, deliver, acquire,
possess, own, receive possession of or title to, import, or export
under the terms of an agreement for cooperation arranged pursuant
to section 2153 of this title, special nuclear material, (ii) to
make special nuclear material available for the period of the
license, and, (iii) to distribute special nuclear material within
the United States to qualified applicants requesting such material -
(1) for the conduct of research and development activities of
the types specified in section 2051 of this title;
(2) for use in the conduct of research and development
activities or in medical therapy under a license issued pursuant
to section 2134 of this title;
(3) for use under a license issued pursuant to section 2133 of
this title;
(4) for such other uses as the Commission determines to be
appropriate to carry out the purposes of this chapter.
(b) Minimum criteria for licenses
The Commission shall establish, by rule, minimum criteria for the
issuance of specific or general licenses for the distribution of
special nuclear material depending upon the degree of importance to
the common defense and security or to the health and safety of the
public of -
(1) the physical characteristics of the special nuclear
material to be distributed;
(2) the quantities of special nuclear material to be
distributed; and
(3) the intended use of the special nuclear material to be
distributed.
(c) Manner of distribution; charges for material sold; agreements;
charges for material leased
(1) The Commission may distribute special nuclear material
licensed under this section by sale, lease, lease with option to
buy, or grant: Provided, however, That unless otherwise authorized
by law, the Commission shall not after December 31, 1970,
distribute special nuclear material except by sale to any person
who possesses or operates a utilization facility under a license
issued pursuant to section 2133 or 2134(b) of this title for use in
the course of activities under such license; nor shall the
Commission permit any such person after June 30, 1973, to continue
leasing for use in the course of such activities special nuclear
material previously leased to such person by the Commission.
(2) The Commission shall establish reasonable sales prices for
the special nuclear material licensed and distributed by sale under
this section. Such sales prices shall be established on a
nondiscriminatory basis which, in the opinion of the Commission,
will provide reasonable compensation to the Government for such
special nuclear material.
(3) The Commission is authorized to enter into agreements with
licensees for such period of time as the Commission may deem
necessary or desirable to distribute to such licensees such
quantities of special nuclear material as may be necessary for the
conduct of the licensed activity. In such agreements, the
Commission may agree to repurchase any special nuclear material
licensed and distributed by sale which is not consumed in the
course of the licensed activity, or any uranium remaining after
irradiation of such special nuclear material, at a repurchase price
not to exceed the Commission's sale price for comparable special
nuclear material or uranium in effect at the time of delivery of
such material to the Commission.
(4) The Commission may make a reasonable charge, determined
pursuant to this section, for the use of special nuclear material
licensed and distributed by lease under subsection (a)(1), (2) or
(4) of this section and shall make a reasonable charge determined
pursuant to this section for the use of special nuclear material
licensed and distributed by lease under subsection (a)(3) of this
section. The Commission shall establish criteria in writing for the
determination of whether special nuclear material will be
distributed by grant and for the determination of whether a charge
will be made for the use of special nuclear material licensed and
distributed by lease under subsection (a)(1), (2) or (4) of this
section, considering, among other things, whether the licensee is a
nonprofit or eleemosynary institution and the purposes for which
the special nuclear material will be used.
(d) Determination of charges
In determining the reasonable charge to be made by the Commission
for the use of special nuclear material distributed by lease to
licensees of utilization or production facilities licensed pursuant
to section 2133 or 2134 of this title, in addition to consideration
of the cost thereof, the Commission shall take into consideration -
(1) the use to be made of the special nuclear material;
(2) the extent to which the use of the special nuclear material
will advance the development of the peaceful uses of atomic
energy;
(3) the energy value of the special nuclear material in the
particular use for which the license is issued;
(4) whether the special nuclear material is to be used in
facilities licensed pursuant to section 2133 or 2134 of this
title. In this respect, the Commission shall, insofar as
practicable, make uniform, nondiscriminatory charges for the use
of special nuclear material distributed to facilities licensed
pursuant to section 2133 of this title; and
(5) with respect to special nuclear material consumed in a
facility licensed pursuant to section 2133 of this title, the
Commission shall make a further charge equivalent to the sale
price for similar special nuclear material established by the
Commission in accordance with subsection (c)(2) of this section,
and the Commission may make such a charge with respect to such
material consumed in a facility licensed pursuant to section 2134
of this title.
(e) License conditions
Each license issued pursuant to this section shall contain and be
subject to the following conditions -
(1) Repealed. Pub. L. 88-489, Sec. 8, Aug. 26, 1964, 78 Stat.
604.
(2) no right to the special nuclear material shall be conferred
by the license except as defined by the license;
(3) neither the license nor any right under the license shall
be assigned or otherwise transferred in violation of the
provisions of this chapter;
(4) all special nuclear material shall be subject to the right
of recapture or control reserved by section 2138 of this title
and to all other provisions of this chapter;
(5) no special nuclear material may be used in any utilization
or production facility except in accordance with the provisions
of this chapter;
(6) special nuclear material shall be distributed only on
terms, as may be established by rule of the Commission, such that
no user will be permitted to construct an atomic weapon;
(7) special nuclear material shall be distributed only pursuant
to such safety standards as may be established by rule of the
Commission to protect health and to minimize danger to life or
property; and
(8) except to the extent that the indemnification and
limitation of liability provisions of section 2210 of this title
apply, the licensee will hold the United States and the
Commission harmless from any damages resulting from the use or
possession of special nuclear material by the licensee.
(f) Distribution for independent research and development
activities
The Commission is directed to distribute within the United States
sufficient special nuclear material to permit the conduct of
widespread independent research and development activities to the
maximum extent practicable. In the event that applications for
special nuclear material exceed the amount available for
distribution, preference shall be given to those activities which
are most likely, in the opinion of the Commission, to contribute to
basic research, to the development of peacetime uses of atomic
energy, or to the economic and military strength of the Nation.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 53, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 930; amended Pub. L. 85-256, Sec. 2,
Sept. 2, 1957, 71 Stat. 576; Pub. L. 85-681, Secs. 1, 2, Aug. 19,
1958, 72 Stat. 632; Pub. L. 88-489, Secs. 5-8, Aug. 26, 1964, 78
Stat. 603, 604; Pub. L. 90-190, Secs. 9, 10, Dec. 14, 1967, 81
Stat. 577; renumbered title I and amended Pub. L. 102-486, title
IX, Sec. 902(a)(3), (8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1805(a)(4) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
1992 - Subsec. (c)(1). Pub. L. 102-486, Sec. 902(a)(3),
substituted "or grant" for "grant," and struck out "or through the
provision of production or enrichment services" before ": Provided,
however" and before "to any person".
1967 - Subsec. (c)(1). Pub. L. 90-190, Sec. 10, inserted "or
through the provision of production or enrichment services"
wherever appearing.
Subsec. (f). Pub. L. 90-190, Sec. 9, struck out reference to the
limitations on the distribution of special nuclear materials set by
the President in determinations made pursuant to section 2061 of
this title.
1964 - Subsec. (a). Pub. L. 88-489, Sec. 5, substituted "(i) to
issue licenses to transfer or receive in interstate commerce,
transfer, deliver, acquire, possess, own, receive possession of or
title to, import, or export under the terms of an agreement for
cooperation arranged pursuant to section 2153 of this title,
special nuclear material, (ii) to make special nuclear material
available for the period of the license, and, (iii)" for "to issue
licenses for the possession of, to make available for the period of
the license, and".
Subsec. (c). Pub. L. 88-489, Sec. 6, designated existing
provisions as par. (4), inserted "by lease" wherever appearing and
"special nuclear material will be distributed by grant and for the
determination of whether", and added pars. (1) to (3).
Subsec. (d). Pub. L. 88-489, Sec. 7, inserted "by lease" in
introductory provisions, and in ch. (5) substituted "equivalent to
the sale price for similar special nuclear material established by
the Commission in accordance with subsection (c)(2) of this
section, and the Commission may make such a charge with respect to
such material consumed in a facility licensed pursuant to section
2134 of this title" for "based on the cost to the Commission, as
estimated by the Commission, or the average fair price paid for the
production of such special nuclear material as determined by
section 2076 of this title, whichever is lower".
Subsec. (e)(1). Pub. L. 88-489, Sec. 8, struck out par. (1) which
provided that title to all special nuclear material shall at all
times be in the United States.
1958 - Subsec. (a)(4). Pub. L. 85-681, Sec. 1, added par. (4).
Subsec. (c). Pub. L. 85-681, Sec. 2, substituted "subsections
(a)(1), (2) or (4)" for "subsection (a)(1) or (a) (2)".
1957 - Subsec. (e)(8). Pub. L. 85-256 inserted "except to the
extent that the indemnification and limitation of liability
provisions of section 2210 of this title apply,".
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2074 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL
-HEAD-
Sec. 2074. Foreign distribution of special nuclear material
-STATUTE-
(a) Compensation; distribution to International Atomic Energy
Agency; procedure for distribution; repurchase of unconsumed
materials; price; purchase of materials produced outside United
States; price
The Commission is authorized to cooperate with any nation or
group of nations by distributing special nuclear material and to
distribute such special nuclear material, pursuant to the terms of
an agreement for cooperation to which such nation or group of
nations is a party and which is made in accordance with section
2153 of this title. Unless hereafter otherwise authorized by law
the Commission shall be compensated for special nuclear material so
distributed at not less than the Commission's published charges
applicable to the domestic distribution of such material, except
that the Commission to assist and encourage research on peaceful
uses or for medical therapy may so distribute without charge during
any calendar year only a quantity of such material which at the
time of transfer does not exceed in value $10,000 in the case of
one nation or $50,000 in the case of any group of nations. The
Commission may distribute to the International Atomic Energy
Agency, or to any group of nations, only such amounts of special
nuclear materials and for such period of time as are authorized by
Congress: Provided, however, That, (i) notwithstanding this
provision, the Commission is hereby authorized, subject to the
provisions of section 2153 of this title, to distribute to the
Agency five thousand kilograms of contained uranium-235, five
hundred grams of uranium-233, and three kilograms of plutonium,
together with the amounts of special nuclear material which will
match in amount the sum of all quantities of special nuclear
materials made available by all other members of the Agency to June
1, 1960; and (ii) notwithstanding the foregoing provisions of this
subsection, the Commission may distribute to the International
Atomic Energy Agency, or to any group of nations, such other
amounts of special nuclear materials and for such other periods of
time as are established in writing by the Commission: Provided,
however, That before they are established by the Commission
pursuant to this subdivision (ii), such proposed amounts and
periods shall be submitted to the Congress and referred to the
Energy Committees and a period of sixty days shall elapse while
Congress is in session (in computing such sixty days, there shall
be excluded the days on which either House is not in session
because of an adjournment of more than three days): And provided
further, That any such proposed amounts and periods shall not
become effective if during such sixty-day period the Congress
passes a concurrent resolution stating in substance that it does
not favor the proposed action: And provided further, That prior to
the elapse of the first thirty days of any such sixty-day period
the Energy Committees shall submit to their respective houses
reports of their views and recommendations respecting the proposed
amounts and periods and an accompanying proposed concurrent
resolution stating in substance that the Congress favors, or does
not favor, as the case may be, the proposed amounts or periods. The
Commission may agree to repurchase any special nuclear material
distributed under a sale arrangement pursuant to this subsection
which is not consumed in the course of the activities conducted in
accordance with the agreement for cooperation, or any uranium
remaining after irradiation of such special nuclear material, at
repurchase price not to exceed the Commission's sale price for
comparable special nuclear material or uranium in effect at the
time of delivery of such material to the Commission. The Commission
may also agree to purchase, consistent with and within the period
of the agreement for cooperation, special nuclear material produced
in a nuclear reactor located outside the United States through the
use of special nuclear material which was leased or sold pursuant
to this subsection. Under any such agreement the Commission shall
purchase only such material as is delivered to the Commission
during any period when there is in effect a guaranteed purchase
price for the same material produced in a nuclear reactor by a
person licensed under section 2134 of this title, established by
the Commission pursuant to section 2076 of this title, and the
price to be paid shall be the price so established by the
Commission and in effect for the same material delivered to the
Commission.
(b) Distribution to persons outside United States of plutonium and
other special nuclear material exempted under section 2077(d) of
this title; compensation; reports
Notwithstanding the provisions of sections 2153 and 2154 of this
title and section 125 of the Atomic Energy Act of 1954, the
Commission is authorized to distribute to any person outside the
United States (1) plutonium containing 80 per centum or more by
weight of plutonium-238, and (2) other special nuclear material
when it has, in accordance with subsection 2077(d) of this title,
exempted certain classes or quantities of such other special
nuclear material or kinds of uses or users thereof from the
requirements for a license set forth in this chapter. Unless
hereafter otherwise authorized by law, the Commission shall be
compensated for special nuclear material so distributed at not less
than the Commission's published charges applicable to the domestic
distribution of such material. The Commission shall not distribute
any plutonium containing 80 per centum or more by weight of
plutonium-238 to any person under this subsection if, in its
opinion, such distribution would be inimical to the common defense
and security. The Commission may require such reports regarding the
use of material distributed pursuant to the provisions of this
subsection as it deems necessary.
(c) Licensing or granting permission to others to distribute
special nuclear material; conditions
The Commission is authorized to license or otherwise permit
others to distribute special nuclear material to any person outside
the United States under the same conditions, except as to charges,
as would be applicable if the material were distributed by the
Commission.
(d) Laboratory samples; medical devices; monitoring or other
instruments; emergencies
The authority to distribute special nuclear material under this
section other than under an export license granted by the Nuclear
Regulatory Commission shall extend only to the following small
quantities of special nuclear material (in no event more than five
hundred grams per year of the uranium isotope 233, the uranium
isotope 235, or plutonium contained in special nuclear material to
any recipient):
(1) which are contained in laboratory samples, medical devices,
or monitoring or other instruments; or
(2) the distribution of which is needed to deal with an
emergency situation in which time is of the essence.
(e) Arrangements for storage or disposition of irradiated fuel
elements
The authority in this section to commit United States funds for
any activities pursuant to any subsequent arrangement under section
2160(a)(2)(E) of this title shall be subject to the requirements of
section 2160 of this title.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 54, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 931; amended Pub. L. 85-177, Sec. 7,
Aug. 28, 1957, 71 Stat. 455; Pub. L. 87-206, Sec. 4, Sept. 6, 1961,
75 Stat. 476; Pub. L. 88-489, Sec. 9, Aug. 26, 1964, 78 Stat. 604;
Pub. L. 93-377, Sec. 2, Aug. 17, 1974, 88 Stat. 473; Pub. L. 95-
242, title III, Secs. 301(a), 303(b)(1), Mar. 10, 1978, 92 Stat.
125, 131; renumbered title I, Pub. L. 102-486, title IX, Sec.
902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 103-437, Sec.
15(f)(3), Nov. 2, 1994, 108 Stat. 4592.)
-REFTEXT-
REFERENCES IN TEXT
Section 125 of the Atomic Energy Act of 1954, referred to in
subsec. (b), is section 125 of act Aug. 1, 1946, ch. 724, as added
by Pub. L. 85-14, Apr. 12, 1957, 71 Stat. 11, as amended, and is
set out as a note under section 2153 of this title.
-MISC1-
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-437 substituted "Energy
Committees and a period" for "Joint Committee and a period" and
"Energy Committees shall submit to their respective houses reports
of their views" for "Joint Committee shall submit a report to the
Congress of its views".
1978 - Subsec. (d). Pub. L. 95-242, Sec. 301(a), added subsec.
(d).
Subsec. (e). Pub. L. 95-242, Sec. 303(b)(1), added subsec. (e).
1974 - Pub. L. 93-377 designated existing provisions as subsec.
(a), designated initial proviso as cl. (i), added cl. (ii) and
references to groups of nations, and substituted references to this
subsection for references to this section, and added subsecs. (b)
and (c).
1964 - Pub. L. 88-489 authorized repurchase of unconsumed special
nuclear materials, or any uranium remaining after irradiation of
such materials, at a price not exceeding Commission's sale price
for comparable material in effect at time of delivery to
Commission, and purchase of special nuclear material produced
outside United States through use of material leased or sold under
this section, during any period when there is a guaranteed purchase
price for same material as produced under section 2134 of this
title, for such price as established by the Commission.
1961 - Pub. L. 87-206 inserted "five hundred grams of uranium 233
and three kilograms of plutonium" after "five thousand kilograms of
contained uranium 235".
1957 - Pub. L. 85-177 inserted provisions requiring compensation
at domestic charges for materials distributed abroad except for
peaceful or medical therapy uses, and required Commission to obtain
authorization of Congress for materials to be contributed to Agency
beyond amount made available by all other members of Agency to July
1, 1960.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as
otherwise provided and regardless of any requirement for the
promulgation of implementing regulations, see section 603(c) of
Pub. L. 95-242, set out as an Effective Date note under section
3201 of Title 22, Foreign Relations and Intercourse.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2075 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL
-HEAD-
Sec. 2075. Acquisition of special nuclear material; payments; just
compensation
-STATUTE-
The Commission is authorized, to the extent it deems necessary to
effectuate the provisions of this chapter, to purchase without
regard to the limitations in section 2074 of this title or any
guaranteed purchase prices established pursuant to section 2076 of
this title, and to take, requisition, condemn, or otherwise acquire
any special nuclear material or any interest therein. Any contract
of purchase made under this section may be made without regard to
the provisions of section 5 of title 41, upon certification by the
Commission that such action is necessary in the interest of the
common defense and security, or upon a showing by the Commission
that advertising is not reasonably practicable. Partial and advance
payments may be made under contracts for such purposes. Just
compensation shall be made for any right, property, or interest in
property taken, requisitioned, or condemned under this section:
Providing, That the authority in this section to commit United
States funds for any activities pursuant to any subsequent
arrangement under section 2160(a)(2)(E) of this title shall be
subject to the requirements of section 2160 of this title.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 55, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 931; amended Pub. L. 88-489, Sec. 10,
Aug. 26, 1964, 78 Stat. 604; Pub. L. 95-242, title III, Sec.
303(b)(2), Mar. 10, 1978, 92 Stat. 131; renumbered title I, Pub. L.
102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1805(a)(5) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
1978 - Pub. L. 95-424 provided that the authority in this section
to commit United States funds for any activities pursuant to any
subsequent arrangement under section 2160(a)(2)(E) of this title
shall be subject to the requirement of section 2160 of this title.
1964 - Pub. L. 88-489 limited the authorization to the extent
necessary to effectuate the chapter, inserted "without regard to
the limitations in section 2074 of this title or any guaranteed
purchase prices established pursuant to section 2076 of this title,
and to take, requisition, condemn," and "Any contract of purchase
made under this section may be made", provided for just
compensation for any right, property, or interest taken,
requisitioned, or condemned under this section, and struck out
"outside the United States" after "any interest therein".
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as
otherwise provided and regardless of any requirement for the
promulgation of implementing regulations, see section 603(c) of
Pub. L. 95-242, set out as an Effective Date note under section
3201 of Title 22, Foreign Relations and Intercourse.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2076 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL
-HEAD-
Sec. 2076. Guaranteed purchase prices
-STATUTE-
The Commission shall establish guaranteed purchase prices for
plutonium produced in a nuclear reactor by a person licensed under
section 2134 of this title and delivered to the Commission before
January 1, 1971. The Commission shall also establish for such
periods of time as it may deem necessary, but not to exceed ten
years as to any such period, guaranteed purchase prices for uranium
enriched in the isotope 233 produced in a nuclear reactor by a
person licensed under section 2133 or section 2134 and delivered to
the Commission within the period of the guarantee. Guaranteed
purchase prices established under the authority of this section
shall not exceed the Commission's determination of the estimated
value of plutonium or uranium enriched in the isotope 233 as fuel
in nuclear reactors, and such prices shall be established on a
nondiscriminatory basis: Provided, That the Commission is
authorized to establish such guaranteed purchase prices only for
such plutonium or uranium enriched in the isotope 233 as the
Commission shall determine is produced through the use of special
nuclear material which was leased or sold by the Commission
pursuant to section 2073 of this title.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 56, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 931; amended Pub. L. 88-489, Sec. 11,
Aug. 26, 1964, 78 Stat. 605; Pub. L. 91-560, Sec. 2, Dec. 19, 1970,
84 Stat. 1472; renumbered title I, Pub. L. 102-486, title IX, Sec.
902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1970 - Pub. L. 91-560 extended the power of the Commission to
establish guaranteed purchase prices for uranium produced by
persons licensed under section 2133 of this title.
1964 - Pub. L. 88-489 substituted provisions which directed the
Commission to establish guaranteed purchase prices for plutonium
produced by a person licensed under section 2134 of this title and
delivered to the Commission prior to Jan. 1, 1971, and for uranium
enriched in the isotope 233, for such periods of time as it deems
necessary, but not exceeding ten years as to any such period, if
produced by a person licensed under said section 2134, and
delivered within the period of the guarantee, provided that
guaranteed prices established under this section shall not exceed
the Commission's estimated value of enriched plutonium or uranium
as fuel in reactors, and shall be on a nondiscriminatory basis, and
authorized such guaranteed prices only for such enriched plutonium
or uranium as is produced through use of material leased or sold
pursuant to section 2073 of this title, for provisions requiring
the Commission to determine the fair price of special nuclear
material by considering the value of the material for its intended
use by the United States, and by giving such weight to the cost of
production as it found to be equitable, providing that such price
was to apply to all licensed producers of the same material, and
permitting the Commission to establish guaranteed fair prices for
all such material delivered to the Commission for such time as it
deemed necessary, but not exceeding seven years.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2077 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL
-HEAD-
Sec. 2077. Unauthorized dealings in special nuclear material
-STATUTE-
(a) Handling by persons
Unless authorized by a general or specific license issued by the
Commission, which the Commission is authorized to issue pursuant to
section 2073 of this title, no person may transfer or receive in
interstate commerce, transfer, deliver, acquire, own, possess,
receive possession of or title to, or import into or export from
the United States any special nuclear material.
(b) Engagement or participation in development or production
It shall be unlawful for any person to directly or indirectly
engage or participate in the development or production of any
special nuclear material outside of the United States except (1) as
specifically authorized under an agreement for cooperation made
pursuant to section 2153 of this title, including a specific
authorization in a subsequent arrangement under section 2160 of
this title, or (2) upon authorization by the Secretary of Energy
after a determination that such activity will not be inimical to
the interest of the United States: Provided, That any such
determination by the Secretary of Energy shall be made only with
the concurrence of the Department of State and after consultation
with the Nuclear Regulatory Commission, the Department of Commerce,
and the Department of Defense. The Secretary of Energy shall,
within ninety days after March 10, 1978, establish orderly and
expeditious procedures, including provision for necessary
administrative actions and inter-agency memoranda of understanding,
which are mutually agreeable to the Secretaries of State, Defense,
and Commerce, and the Nuclear Regulatory Commission for the
consideration of requests for authorization under this subsection.
Such procedures shall include, at a minimum, explicit direction on
the handling of such requests, express deadlines for the
solicitation and collection of the views of the consulted agencies
(with identified officials responsible for meeting such deadlines),
an interagency coordinating authority to monitor the processing of
such requests, predetermined procedures for the expeditious
handling of intra-agency and inter-agency disagreements and appeals
to higher authorities, frequent meetings of inter-agency
administrative coordinators to review the status of all pending
requests, and similar administrative mechanisms. To the extent
practicable, an applicant should be advised of all the information
required of the applicant for the entire process for every agency's
needs at the beginning of the process. Potentially controversial
requests should be identified as quickly as possible so that any
required policy decisions or diplomatic consultations can be
initiated in a timely manner. An immediate effort should be
undertaken to establish quickly any necessary standards and
criteria, including the nature of any required assurances or
evidentiary showings, for the decision required under this
subsection. The processing of any request proposed and filed as of
March 10, 1978, shall not be delayed pending the development and
establishment of procedures to implement the requirements of this
subsection. Any trade secrets or proprietary information submitted
by any person seeking an authorization under this subsection shall
be afforded the maximum degree of protection allowable by law:
Provided further, That the export of component parts as defined in
section 2014(v)(2) or (cc)(2) of this title shall be governed by
sections 2139 and 2155 of this title: Provided further, That
notwithstanding section 7172(d) of this title, the Secretary of
Energy and not the Federal Energy Regulatory Commission, shall have
sole jurisdiction within the Department of Energy over any matter
arising from any function of the Secretary of Energy in this
section, section 2074(d), section 2094, or section 2141(b) of this
title.
(c) Distribution by Commission
The Commission shall not -
(1) distribute any special nuclear material to any person for a
use which is not under the jurisdiction of the United States
except pursuant to the provisions of section 2074 of this title;
or
(2) distribute any special nuclear material or issue a license
pursuant to section 2073 of this title to any person within the
United States if the Commission finds that the distribution of
such special nuclear material or the issuance of such license
would be inimical to the common defense and security or would
constitute an unreasonable risk to the health and safety of the
public.
(d) Establishment of classes of special nuclear material; exemption
of materials, kinds of uses and users from requirement of license
The Commission is authorized to establish classes of special
nuclear material and to exempt certain classes or quantities of
special nuclear material or kinds of uses or users from the
requirements for a license set forth in this section when it makes
a finding that the exemption of such classes or quantities of
special nuclear material or such kinds of uses or users would not
be inimical to the common defense and security and would not
constitute an unreasonable risk to the health and safety of the
public.
(e) Transfer, etc., of special nuclear material
Special nuclear material, as defined in section 2014 of this
title, produced in facilities licensed under section 2133 or 2134
of this title may not be transferred, reprocessed, used, or
otherwise made available by any instrumentality of the United
States or any other person for nuclear explosive purposes.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 57, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 932; amended Pub. L. 88-489, Sec. 12,
Aug. 26, 1964, 78 Stat. 605; Pub. L. 93-377, Sec. 3, Aug. 17, 1974,
88 Stat. 475; Pub. L. 95-242, title III, Sec. 302, Mar. 10, 1978,
92 Stat. 126; Pub. L. 97-415, Sec. 14, Jan. 4, 1983, 96 Stat. 2075;
renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.
24, 1992, 106 Stat. 2944; Pub. L. 105-277, div. G, title XII, Sec.
1225(d)(1), Oct. 21, 1998, 112 Stat. 2681-774; Pub. L. 108-458,
title VI, Sec. 6803(a), Dec. 17, 2004, 118 Stat. 3768.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1805(a)(3) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
2004 - Subsec. (b). Pub. L. 108-458 substituted "or participate
in the development or production of any special nuclear material"
for "in the production of any special nuclear material".
1998 - Subsec. (b). Pub. L. 105-277 struck out "the Arms Control
and Disarmament Agency," after "after consultation with" in first
sentence and "the Director of the Arms Control and Disarmament
Agency," after "Defense, and Commerce," in second sentence.
1983 - Subsec. (e). Pub. L. 97-415 added subsec. (e).
1978 - Subsec. (b). Pub. L. 95-242 substituted "except (1) as
specifically authorized under an agreement for cooperation made
pursuant to section 2153 of this title, including a specific
authorization in a subsequent arrangement under section 2160 of
this title, or (2) upon authorization by the Secretary of Energy
after a determination that such activity will not be inimical to
the interest of the United States" for "except (1) under an
agreement for cooperation made pursuant to section 2153 of this
title, or (2) upon authorization by the Commission after a
determination that such activity will not be inimical to the
interest of the United States" in existing provisions and inserted
provisos relating to determinations by the Secretary of Energy, the
procedures to be followed in processing authorization requests, the
export of component parts, and the jurisdiction of the Secretary of
Energy.
1974 - Subsec. (d). Pub. L. 93-377 added subsec. (d).
1964 - Pub. L. 88-489 amended section generally, and among other
changes, included all special nuclear materials within the section,
struck out condition that such material be "the property of the
United States", included delivery, acquisition, ownership and
receiving possession of or title to any special nuclear material
within the acts prohibited to persons, prohibited the Commission
from issuing a license pursuant to section 2073 of this title if
the Commission finds that the issuance would be inimical to the
common defense and security or would constitute an unreasonable
risk to the health and safety of the public, and extended the power
of the Commission to refuse to distribute any special nuclear
material if it finds that the distribution would constitute an
unreasonable risk to the health and safety of the public.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
1999, or date of abolition of the United States Arms Control and
Disarmament Agency pursuant to reorganization plan described in
section 6601 of Title 22, Foreign Relations and Intercourse, see
section 1201 of Pub. L. 105-277, set out as an Effective Date note
under section 6511 of Title 22.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as
otherwise provided and regardless of any requirement for the
promulgation of implementing regulations, see section 603(c) of
Pub. L. 95-242, set out as an Effective Date note under section
3201 of Title 22, Foreign Relations and Intercourse.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-MISC2-
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under this chapter, as amended by
the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
1978, 92 Stat. 120, not to be delayed pending development of
procedures even though as many as 120 days [after Mar. 10, 1978]
are allowed for establishing those procedures, see section 5(b) of
Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
section 3201 of Title 22, Foreign Relations and Intercourse.
-End-
-CITE-
42 USC Sec. 2078 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL
-HEAD-
Sec. 2078. Congressional review of guaranteed purchase price,
guaranteed purchase price period, and criteria for waiver of
charges
-STATUTE-
Before the Commission establishes any guaranteed purchase price
or guaranteed purchase price period in accordance with the
provisions of section 2076 of this title, or establishes any
criteria for the waiver of any charge for the use of special
nuclear material licensed and distributed under section 2073 of
this title, the proposed guaranteed purchase price, guaranteed
purchase price period, or criteria for the waiver of such charge
shall be submitted to the Energy Committees and a period of forty-
five days shall elapse while Congress is in session (in computing
such forty-five days there shall be excluded the days in which
either House is not in session because of adjournment for more than
three days): Provided, however, That the Energy Committees, after
having received the proposed guaranteed purchase price, guaranteed
purchase price period, or criteria for the waiver of such charge,
may by resolution in writing waive the conditions of, or all or any
portion of, such forty-five-day period.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 58, as added Pub. L. 85-79,
Sec. 2, July 3, 1957, 71 Stat. 275; amended Pub. L. 88-489, Sec.
13, Aug. 26, 1964, 78 Stat. 605; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub.
L. 103-437, Sec. 15(f)(4), Nov. 2, 1994, 108 Stat. 4592.)
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-437 substituted "Energy Committees" for "Joint
Committee" in two places.
1964 - Pub. L. 88-489 substituted "guaranteed purchase" and
"purchase" for "fair" wherever appearing, "licensed and
distributed" for "licensed or distributed", and provided that the
Joint Committee resolution waiving the conditions of the forty-five-
day period must be in writing.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC SUBCHAPTER VI - SOURCE MATERIAL 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VI - SOURCE MATERIAL
-HEAD-
SUBCHAPTER VI - SOURCE MATERIAL
-End-
-CITE-
42 USC Sec. 2091 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VI - SOURCE MATERIAL
-HEAD-
Sec. 2091. Determination of source material
-STATUTE-
The Commission may determine from time to time that other
material is source material in addition to those specified in the
definition of source material. Before making such determination,
the Commission must find that such material is essential to the
production of special nuclear material and must find that the
determination that such material is source material is in the
interest of the common defense and security, and the President must
have expressly assented in writing to the determination. The
Commission's determination, together with the assent of the
President, shall be submitted to the Energy Committees and a period
of thirty days shall elapse while Congress is in session (in
computing such thirty days, there shall be excluded the days on
which either House is not in session because of an adjournment of
more than three days) before the determination of the Commission
may become effective: Provided, however, That the Energy
Committees, after having received such determination, may by
resolution in writing waive the conditions of or all or any portion
of such thirty-day period.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 61, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 932; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;
amended Pub. L. 103-437, Sec. 15(f)(4), Nov. 2, 1994, 108 Stat.
4592.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1805(b)(1) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
1994 - Pub. L. 103-437 substituted "Energy Committees" for "Joint
Committee" in two places.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2092 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VI - SOURCE MATERIAL
-HEAD-
Sec. 2092. License requirements for transfers
-STATUTE-
Unless authorized by a general or specific license issued by the
Commission which the Commission is authorized to issue, no person
may transfer or receive in interstate commerce, transfer, deliver,
receive possession of or title to, or import into or export from
the United States any source material after removal from its place
of deposit in nature, except that licenses shall not be required
for quantities of source material which, in the opinion of the
Commission, are unimportant.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 62, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 932; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1805(b)(2) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2093 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VI - SOURCE MATERIAL
-HEAD-
Sec. 2093. Domestic distribution of source material
-STATUTE-
(a) License
The Commission is authorized to issue licenses for and to
distribute source material within the United States to qualified
applicants requesting such material -
(1) for the conduct of research and development activities of
the types specified in section 2051 of this title;
(2) for use in the conduct of research and development
activities or in medical therapy under a license issued pursuant
to section 2134 of this title;
(3) for use under a license issued pursuant to section 2133 of
this title; or
(4) for any other use approved by the Commission as an aid to
science or industry.
(b) Minimum criteria for licenses
The Commission shall establish, by rule, minimum criteria for the
issuance of specific or general licenses for the distribution of
source material depending upon the degree of importance to the
common defense and security or to the health and safety of the
public of -
(1) the physical characteristics of the source material to be
distributed;
(2) the quantities of source material to be distributed; and
(3) the intended use of the source material to be distributed.
(c) Determination of charges
The Commission may make a reasonable charge determined pursuant
to section 2201(m) of this title for the source material licensed
and distributed under subsection (a)(1), (a)(2), or (a)(4) of this
section and shall make a reasonable charge determined pursuant to
section 2201(m) of this title, for the source material licensed and
distributed under subsection (a)(3) of this section. The Commission
shall establish criteria in writing for the determination of
whether a charge will be made for the source material licensed and
distributed under subsection (a)(1), (a)(2), or (a)(4) of this
section, considering, among other things, whether the licensee is a
nonprofit or eleemosynary institution and the purposes for which
the source material will be used.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 63, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 933; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1805(b)(3) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2094 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VI - SOURCE MATERIAL
-HEAD-
Sec. 2094. Foreign distribution of source material
-STATUTE-
The Commission is authorized to cooperate with any nation by
distributing source material and to distribute source material
pursuant to the terms of an agreement for cooperation to which such
nation is a party and which is made in accordance with section 2153
of this title. The Commission is also authorized to distribute
source material outside of the United States upon a determination
by the Commission that such activity will not be inimical to the
interests of the United States. The authority to distribute source
material under this section other than under an export license
granted by the Nuclear Regulatory Commission shall in no case
extend to quantities of source material in excess of three metric
tons per year per recipient.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 64, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 933; amended Pub. L. 95-242, title III,
Sec. 301(b), Mar. 10, 1978, 92 Stat. 125; renumbered title I, Pub.
L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
2944.)
-MISC1-
AMENDMENTS
1978 - Pub. L. 95-242 provided that the authority to distribute
source material under this section other than under an export
license granted by the Nuclear Regulatory Commission shall in no
case extend to quantities of source material in excess of three
metric tons per year per recipient.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as
otherwise provided and regardless of any requirement for the
promulgation of implementing regulations, see section 603(c) of
Pub. L. 95-242, set out as an Effective Date note under section
3201 of Title 22, Foreign Relations and Intercourse.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-MISC2-
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under this chapter, as amended by
the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
1978, 92 Stat. 120, not to be delayed pending development of
procedures even though as many as 120 days [after Mar. 10, 1978]
are allowed for establishing those procedures, see section 5(b) of
Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
section 3201 of Title 22, Foreign Relations and Intercourse.
-End-
-CITE-
42 USC Sec. 2095 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VI - SOURCE MATERIAL
-HEAD-
Sec. 2095. Reports
-STATUTE-
The Commission is authorized to issue such rules, regulations, or
orders requiring reports of ownership, possession, extraction,
refining, shipment, or other handling of source material as it may
deem necessary, except that such reports shall not be required with
respect to (a) any source material prior to removal from its place
of deposit in nature, or (b) quantities of source material which in
the opinion of the Commission are unimportant or the reporting of
which will discourage independent prospecting for new deposits.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 65, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 933; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1805(b)(4) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2096 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VI - SOURCE MATERIAL
-HEAD-
Sec. 2096. Acquisition of source material; payments
-STATUTE-
The Commission is authorized and directed, to the extent it deems
necessary to effectuate the provisions of this chapter -
(a) to purchase, take, requisition, condemn, or otherwise
acquire supplies of source material;
(b) to purchase, condemn, or otherwise acquire any interest in
real property containing deposits of source material; and
(c) to purchase, condemn, or otherwise acquire rights to enter
upon any real property deemed by the Commission to have
possibilities of containing deposits of source material in order
to conduct prospecting and exploratory operations for such
deposits.
Any purchase made under this section may be made without regard to
the provisions of section 5 of title 41, upon certification by the
Commission that such action is necessary in the interest of the
common defense and security, or upon a showing by the Commission
that advertising is not reasonably practicable. Partial and
advanced payments may be made under contracts for such purposes.
The Commission may establish guaranteed prices for all source
material delivered to it within a specified time. Just compensation
shall be made for any right, property, or interest in property
taken, requisitioned, condemned, or otherwise acquired under this
section.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 66, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 933; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1805(b)(5) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2097 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VI - SOURCE MATERIAL
-HEAD-
Sec. 2097. Operations on lands belonging to United States
-STATUTE-
The Commission is authorized, to the extent it deems necessary to
effectuate the provisions of this chapter, to issue leases or
permits for prospecting for, exploration for, mining of, or removal
of deposits of source material in lands belonging to the United
States: Provided, however, That notwithstanding any other
provisions of law, such leases or permits may be issued for lands
administered for national park, monument, and wildlife purposes
only when the President by Executive Order declares that the
requirements of the common defense and security make such action
necessary.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 67, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 934; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2098 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VI - SOURCE MATERIAL
-HEAD-
Sec. 2098. Public and acquired lands
-STATUTE-
(a) Conditions on location, entry, and settlement
No individual, corporation, partnership, or association, which
had any part, directly or indirectly, in the development of the
atomic energy program, may benefit by any location, entry, or
settlement upon the public domain made after such individual,
corporation, partnership, or association took part in such project,
if such individual, corporation, partnership, or association, by
reason of having had such part in the development of the atomic
energy program, acquired confidential official information as to
the existence of deposits of such uranium, thorium, or other
materials in the specific lands upon which such location, entry, or
settlement is made, and subsequent to August 30, 1954, made such
location, entry, or settlement or caused the same to be made for
his, or its, or their benefit.
(b) Reservation of mineral rights; release
Any reservation of radioactive mineral substances, fissionable
materials, or source material, together with the right to enter
upon the land and prospect for, mine, and remove the same, inserted
pursuant to Executive Order 9613 of September 13, 1945, Executive
Order 9701 of March 4, 1946, the Atomic Energy Act of 1946 [42
U.S.C. 1801 et seq.], or Executive Order 9908 of December 5, 1947,
in any patent, conveyance, lease, permit, or other authorization or
instrument disposing of any interest in public or acquired lands of
the United States, is released, remised, and quitclaimed to the
person or persons entitled upon August 19, 1958 under the grant
from the United States or successive grants to the ownership,
occupancy, or use of the land under the applicable Federal or State
laws: Provided, however, That in cases where any such reservation
on acquired lands of the United States has been heretofore
released, remised, or quitclaimed subsequent to August 12, 1954, in
reliance upon authority deemed to have been contained in the Atomic
Energy Act of 1946, as amended, or the Atomic Energy Act of 1954
[42 U.S.C. 2011 et seq.], as heretofore amended, the same shall be
valid and effective in all respects to the same extent as if public
lands and not acquired lands had been involved. The foregoing
release shall be subject to any rights which may have been granted
by the United States pursuant to any such reservation, but the
releases shall be subrogated to the rights of the United States.
(c) Prior locations
Notwithstanding the provisions of the Atomic Energy Act of 1946,
as amended [42 U.S.C. 1801 et seq.], and particularly section
5(b)(7) thereof [42 U.S.C. 1805(b)(7)], or the provisions of
sections 501 to 505 of title 30, and particularly section 503 of
title 30, any mining claim, heretofore located under the mining
laws of the United States, for or based upon a discovery of a
mineral deposit which is a source material and which, except for
the possible contrary construction of said Atomic Energy Act, would
have been locatable under such mining laws, shall, insofar as
adversely affected by such possible contrary construction, be valid
and effective, in all respects to the same extent as if said
mineral deposit were a locatable mineral deposit other than a
source material.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 68, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 934; amended Pub. L. 85-681, Sec. 3,
Aug. 19, 1958, 72 Stat. 632; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-REFTEXT-
REFERENCES IN TEXT
The Atomic Energy Act of 1946, referred to in subsecs. (b) and
(c), is act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was
classified generally to chapter 14 (Sec. 1801 et seq.) of this
title prior to the general amendment by act Aug. 30, 1954, ch.
1073, 68 Stat. 921. The act of Aug. 1, 1946, ch. 724, is now known
as the Atomic Energy Act of 1954, and is classified principally to
this chapter (Sec. 2011 et seq.). For complete classification of
the Atomic Energy Act of 1954 to the Code, see Short Title note set
out under section 2011 of this title and Tables.
Section 5(b)(7) thereof, referred to in subsec. (c), was
classified to section 1805(b)(7) of this title and was omitted in
the general amendment of the Atomic Energy Act of 1946 by act Aug.
30, 1954, ch. 1073, 68 Stat. 921.
The Atomic Energy Act of 1954, referred to in subsec. (b), is act
Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,
Sec. 1, 68 Stat. 921, and amended, which is classified principally
to this chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 2011 of this title
and Tables.
The mining laws of the United States, referred to in subsec. (c),
are classified generally to Title 30, Mineral Lands and Mining.
Ex. Ord. No. 9908, eff. Dec. 5, 1947, 12 F.R. 8223; Ex. Ord. No.
9701 eff. Mar. 7, 1946, 11 F.R. 2369, and Ex. Ord. No. 9613, eff.
Sept. 13, 1945, 10 F.R. 11789, referred to in subsec. (b), related
to reservation of source material in certain lands owned by the
United States; reservation of rights to fissionable materials in
lands owned by the United States; and withdrawal and reservation
for the use of the United States lands containing radio-active
mineral substances. Ex. Ord. No. 10596, eff. Feb. 15, 1955, 20 F.R.
1007, revoked Ex. Ord. No. 9908, which had revoked Ex. Ord. No.
9701, which had earlier revoked Ex. Ord. No. 9613.
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1805(b)(7) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
1958 - Subsec. (b). Pub. L. 85-681 provided a general release of
reservations of fissionable materials or source materials under
acquired lands of the United States as well as public lands.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2099 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VI - SOURCE MATERIAL
-HEAD-
Sec. 2099. Prohibitions against issuance of license
-STATUTE-
The Commission shall not license any person to transfer or
deliver, receive possession of or title to, or import into or
export from the United States any source material if, in the
opinion of the Commission, the issuance of a license to such person
for such purpose would be inimical to the common defense and
security or the health and safety of the public.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 69, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 934; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1805(d)(2) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC SUBCHAPTER VII - BYPRODUCT MATERIALS 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VII - BYPRODUCT MATERIALS
-HEAD-
SUBCHAPTER VII - BYPRODUCT MATERIALS
-End-
-CITE-
42 USC Sec. 2111 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VII - BYPRODUCT MATERIALS
-HEAD-
Sec. 2111. Domestic distribution
-STATUTE-
(a) In general
No person may transfer or receive in interstate commerce,
manufacture, produce, transfer, acquire, own, possess, import, or
export any byproduct material, except to the extent authorized by
this section, section 2112 or section 2114 of this title. The
Commission is authorized to issue general or specific licenses to
applicants seeking to use byproduct material for research or
development purposes, for medical therapy, industrial uses,
agricultural uses, or such other useful applications as may be
developed. The Commission may distribute, sell, loan, or lease such
byproduct material as it owns to qualified applicants with or
without charge: Provided, however, That, for byproduct material to
be distributed by the Commission for a charge, the Commission shall
establish prices on such equitable basis as, in the opinion of the
Commission, (a) will provide reasonable compensation to the
Government for such material, (b) will not discourage the use of
such material or the development of sources of supply of such
material independent of the Commission, and (c) will encourage
research and development. In distributing such material, the
Commission shall give preference to applicants proposing to use
such material either in the conduct of research and development or
in medical therapy. The Commission shall not permit the
distribution of any byproduct material to any licensee, and shall
recall or order the recall of any distributed material from any
licensee, who is not equipped to observe or who fails to observe
such safety standards to protect health as may be established by
the Commission or who uses such material in violation of law or
regulation of the Commission or in a manner other than as disclosed
in the application therefor or approved by the Commission. The
Commission is authorized to establish classes of byproduct material
and to exempt certain classes or quantities of material or kinds of
uses or users from the requirements for a license set forth in this
section when it makes a finding that the exemption of such classes
or quantities of such material or such kinds of uses or users will
not constitute an unreasonable risk to the common defense and
security and to the health and safety of the public.
(b) Requirements
(1) In general
Except as provided in paragraph (2), byproduct material, as
defined in paragraphs (3) and (4) of section 2014(e) of this
title, may only be transferred to and disposed of in a disposal
facility that -
(A) is adequate to protect public health and safety; and
(B)(i) is licensed by the Commission; or
(ii) is licensed by a State that has entered into an
agreement with the Commission under section 2021(b) of this
title, if the licensing requirements of the State are
compatible with the licensing requirements of the Commission.
(2) Effect of subsection
Nothing in this subsection affects the authority of any entity
to dispose of byproduct material, as defined in paragraphs (3)
and (4) of section 2014(e) of this title, at a disposal facility
in accordance with any Federal or State solid or hazardous waste
law, including the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(c) Treatment as low-level radioactive waste
Byproduct material, as defined in paragraphs (3) and (4) of
section 2014(e) of this title, disposed of under this section shall
not be considered to be low-level radioactive waste for the
purposes of -
(1) section 2 of the Low-Level Radioactive Waste Policy Act (42
U.S.C. 2021b); or
(2) carrying out a compact that is -
(A) entered into in accordance with that Act (42 U.S.C. 2021b
et seq.); and
(B) approved by Congress.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 81, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 935; amended Pub. L. 93-377, Sec. 4,
Aug. 17, 1974, 88 Stat. 475; Pub. L. 95-604, title II, Sec. 205(b),
Nov. 8, 1978, 92 Stat. 3039; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
109-58, title VI, Sec. 651(e)(3)(A), Aug. 8, 2005, 119 Stat. 807.)
-REFTEXT-
REFERENCES IN TEXT
The Solid Waste Disposal Act, referred to in subsec. (b)(2), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,
which is classified generally to chapter 82 (Sec. 6901 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 6901 of this title and
Tables.
The Low-Level Radioactive Waste Policy Act, referred to in
subsec. (c)(2)(A), is Pub. L. 96-573, as amended generally by Pub.
L. 99-240, title I, Sec. 102, Jan. 15, 1986, 99 Stat. 1842, which
is classified generally to section 2021b et seq. of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 2021b of this title and Tables.
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1805(c)(2) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
2005 - Pub. L. 109-58 designated existing provisions as subsec.
(a), inserted heading, and added subsecs. (b) and (c).
1978 - Pub. L. 95-604 inserted reference to section 2114 of this
title.
1974 - Pub. L. 93-377 substituted "qualified applicants with or
without charge" for "licensees with or without charge", and struck
out "Licensees of the Commission may distribute byproduct material
only to applicants therefor who are licensed by the Commission to
receive such byproduct material" before "The Commission shall not".
-End-
-CITE-
42 USC Sec. 2112 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VII - BYPRODUCT MATERIALS
-HEAD-
Sec. 2112. Foreign distribution of byproduct material
-STATUTE-
(a) Cooperation with other Nations
The Commission is authorized to cooperate with any nation by
distributing byproduct material, and to distribute byproduct
material, pursuant to the terms of an agreement for cooperation to
which such nation is party and which is made in accordance with
section 2153 of this title.
(b) Distribution to individuals
The Commission is also authorized to distribute byproduct
material to any person outside the United States upon application
therefor by such person and demand such charge for such material as
would be charged for the material if it were distributed within the
United States: Provided, however, That the Commission shall not
distribute any such material to any person under this section if,
in its opinion, such distribution would be inimical to the common
defense and security: And provided further, That the Commission may
require such reports regarding the use of material distributed
pursuant to the provisions of this section as it deems necessary.
(c) Distributor's license
The Commission is authorized to license others to distribute
byproduct material to any person outside the United States under
the same conditions, except as to charges, as would be applicable
if the material were distributed by the Commission.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 82, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 935; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2113 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VII - BYPRODUCT MATERIALS
-HEAD-
Sec. 2113. Ownership and custody of certain byproduct material and
disposal sites
-STATUTE-
(a) Specific assurances in license for pretermination actions
Any license issued or renewed after the effective date of this
section under section 2092 or section 2111 of this title for any
activity which results in the production of any byproduct material,
as defined in section 2014(e)(2) of this title, shall contain such
terms and conditions as the Commission determines to be necessary
to assure that, prior to termination of such license -
(1) the licensee will comply with decontamination,
decommissioning, and reclamation standards prescribed by the
Commission for sites (A) at which ores were processed primarily
for their source material content and (B) at which such byproduct
material is deposited, and
(2) ownership of any byproduct material, as defined in section
2014(e)(2) of this title, which resulted from such licensed
activity shall be transferred to (A) the United States or (B) in
the State in which such activity occurred if such State exercises
the option under subsection (b)(1) of this section to acquire
land used for the disposal of byproduct material.
Any license which is in effect on the effective date of this
section and which is subsequently terminated without renewal shall
comply with paragraphs (1) and (2) upon termination.
(b) Transfer of title; health and environmental protection through
maintenance of property and materials; use of surface or
subsurface estates: first refusal rights of transferor;
maintenance, monitoring, and emergency measures and other
authorized action; licensee-transferor liability for fraud or
negligence; administrative and legal costs limitation; government
retransfers under section 7914(h) of this title
(1)(A) The Commission shall require by rule, regulation, or order
that prior to the termination of any license which is issued after
the effective date of this section, title to the land, including
any interests therein (other than land owned by the United States
or by a State) which is used for the disposal of any byproduct
material, as defined by section 2014(e)(2) of this title, pursuant
to such license shall be transferred to -
(i) the United States, or
(ii) the State in which such land is located, at the option of
such State,
unless the Commission determines prior to such termination that
transfer of title to such land and such byproduct material is not
necessary or desirable to protect the public health, safety, or
welfare or to minimize or eliminate danger to life or property.
Such determination shall be made in accordance with section 2231 of
this title. Notwithstanding any other provision of law or any such
determination, such property and materials shall be maintained
pursuant to a license issued by the Commission pursuant to section
2111 of this title in such manner as will protect the public
health, safety, and the environment.
(B) If the Commission determines by order that use of the surface
or subsurface estates, or both, of the land transferred to the
United States or to a State under subparagraph (A) would not
endanger the public health, safety, welfare, or environment, the
Commission, pursuant to such regulations as it may prescribe, shall
permit the use of the surface or subsurface estates, or both, of
such land in a manner consistent with the provisions of this
section. If the Commission permits such use of such land, it shall
provide the person who transferred such land with the right of
first refusal with respect to such use of such land.
(2) If transfer to the United States of title to such byproduct
material and such land is required under this section, the
Secretary of Energy or any Federal agency designated by the
President shall, following the Commission's determination of
compliance under subsection (c) of this section, assume title and
custody of such byproduct material and land transferred as provided
in this subsection. Such Secretary or Federal agency shall maintain
such material and land in such manner as will protect the public
health and safety and the environment. Such custody may be
transferred to another officer or instrumentality of the United
States only upon approval of the President.
(3) If transfer to a State of title to such byproduct material is
required in accordance with this subsection, such State shall,
following the Commission's determination of compliance under
subsection (d) of this section, assume title and custody of such
byproduct material and land transferred as provided in this
subsection. Such State shall maintain such material and land in
such manner as will protect the public health, safety, and the
environment.
(4) In the case of any such license under section 2092 of this
title, which was in effect on the effective date of this section,
the Commission may require, before the termination of such license,
such transfer of land and interests therein (as described in
paragraph (1) of this subsection) to the United States or a State
in which such land is located, at the option of such State, as may
be necessary to protect the public health, welfare, and the
environment from any effects associated with such byproduct
material. In exercising the authority of this paragraph, the
Commission shall take into consideration the status of the
ownership of such land and interests therein and the ability of the
licensee to transfer title and custody thereof to the United States
or a State.
(5) The Commission may, pursuant to a license, or by rule or
order, require the Secretary or other Federal agency or State
having custody of such property and materials to undertake such
monitoring, maintenance, and emergency measures as are necessary to
protect the public health and safety and such other actions as the
Commission deems necessary to comply with the standards promulgated
pursuant to section 2114 of this title. The Secretary or such other
Federal agency is authorized to carry out maintenance, monitoring,
and emergency measures, but shall take no other action pursuant to
such license, rule or order, with respect to such property and
materials unless expressly authorized by Congress after November 8,
1978.
(6) The transfer of title to land or byproduct materials, as
defined in section 2014(e)(2) of this title, to a State or the
United States pursuant to this subsection shall not relieve any
licensee of liability for any fraudulent or negligent acts done
prior to such transfer.
(7) Material and land transferred to the United States or a State
in accordance with this subsection shall be transferred without
cost to the United States or a State (other than administrative and
legal costs incurred in carrying out such transfer). Subject to the
provisions of paragraph (1)(B) of this subsection, the United
States or a State shall not transfer title to material or property
acquired under this subsection to any person, unless such transfer
is in the same manner as provided under section 7914(h) of this
title.
(8) The provisions of this subsection respecting transfer of
title and custody to land shall not apply in the case of lands held
in trust by the United States for any Indian tribe or lands owned
by such Indian tribe subject to a restriction against alienation
imposed by the United States. In the case of such lands which are
used for the disposal of byproduct material, as defined in section
2014(e)(2) of this title, the licensee shall be required to enter
into such arrangements with the Commission as may be appropriate to
assure the long-term maintenance and monitoring of such lands by
the United States.
(c) Compliance with applicable standards and license requirements;
determination upon termination of license
Upon termination on (!1) any license to which this section
applies, the Commission shall determine whether or not the licensee
has complied with all applicable standards and requirements under
such license.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 83, as added Pub. L. 95-604,
title II, Sec. 202(a), Nov. 8, 1978, 92 Stat. 3033; amended Pub. L.
96-106, Sec. 22(c), (e), Nov. 9, 1979, 93 Stat. 800; renumbered
title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
106 Stat. 2944.)
-REFTEXT-
REFERENCES IN TEXT
Effective date of this section, referred to in subsecs. (a) and
(b)(1)(A), (4), is three years after Nov. 8, 1978, see section
202(b) of Pub. L. 95-604, set out as an Effective Date note below.
-MISC1-
AMENDMENTS
1979 - Subsec. (a). Pub. L. 96-106, Sec. 22(c), substituted "Any
license which is in effect on the effective date of this section
and which is subsequently terminated without renewal shall comply
with paragraphs (1) and (2) upon termination" for "Any license in
effect on November 8, 1978, shall either contain such terms and
conditions on renewal thereof after the effective date of this
section, or comply with paragraphs (1) and (2) upon the termination
of such license, whichever first occurs".
Subsec. (b)(1)(A). Pub. L. 96-106, Sec. 22(e), among other
changes, substituted reference to section 2111 of this title for
reference to section 2114(b) of this title.
EFFECTIVE DATE
Section 202(b) of Pub. L. 95-604 provided that: "This section
[enacting this section] shall be effective three years after the
enactment of this Act [Nov. 8, 1978]."
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-MISC2-
CONSOLIDATION OF LICENSES AND PROCEDURES
Section 209 of Pub. L. 95-604 provided that: "The Nuclear
Regulatory Commission shall consolidate, to the maximum extent
practicable, licenses and licensing procedures under amendments
made by this title [see Effective Date of 1978 Amendment note set
out under section 2014 of this title] with licenses and licensing
procedures under other authorities contained in the Atomic Energy
Act of 1954 [this chapter]."
[Provision effective Nov. 8, 1978, see section 208 of Pub. L. 95-
604, set out as an Effective Date of 1978 Amendment note under
section 2014 of this title].
-FOOTNOTE-
(!1) So in original. Probably should be "of".
-End-
-CITE-
42 USC Sec. 2114 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VII - BYPRODUCT MATERIALS
-HEAD-
Sec. 2114. Authorities of Commission respecting certain byproduct
material
-STATUTE-
(a) Management function
The Commission shall insure that the management of any byproduct
material, as defined in section 2014(e)(2) of this title, is
carried out in such manner as -
(1) the Commission deems appropriate to protect the public
health and safety and the environment from radiological and non-
radiological hazards associated with the processing and with the
possession and transfer of such material, taking into account the
risk to the public health, safety, and the environment, with due
consideration of the economic costs and such other factors as the
Commission determines to be appropriate,,(!1)
(2) conforms with applicable general standards promulgated by
the Administrator of the Environmental Protection Agency under
section 2022 of this title, and
(3) conforms to general requirements established by the
Commission, with the concurrence of the Administrator, which are,
to the maximum extent practicable, at least comparable to
requirements applicable to the possession, transfer, and disposal
of similar hazardous material regulated by the Administrator
under the Solid Waste Disposal Act, as amended [42 U.S.C. 6901 et
seq.].
(b) Rules, regulations, or orders for certain activities; civil
penalty
In carrying out its authority under this section, the Commission
is authorized to -
(1) by rule, regulation, or order require persons, officers, or
instrumentalities exempted from licensing under section 2111 of
this title to conduct monitoring, perform remedial work, and to
comply with such other measures as it may deem necessary or
desirable to protect health or to minimize danger to life or
property, and in connection with the disposal or storage of such
byproduct material; and
(2) make such studies and inspections and to conduct such
monitoring as may be necessary.
Any violation by any person other than the United States or any
officer or employee of the United States or a State of any rule,
regulation, or order or licensing provision, of the Commission
established under this section or section 2113 of this title shall
be subject to a civil penalty in the same manner and in the same
amount as violations subject to a civil penalty under section 2282
of this title. Nothing in this section affects any authority of the
Commission under any other provision of this chapter.
(c) Alternative requirements or proposals
In the case of sites at which ores are processed primarily for
their source material content or which are used for the disposal of
byproduct material as defined in section 2014(e)(2) of this title,
a licensee may propose alternatives to specific requirements
adopted and enforced by the Commission under this chapter. Such
alternative proposals may take into account local or regional
conditions, including geology, topography, hydrology and
meteorology. The Commission may treat such alternatives as
satisfying Commission requirements if the Commission determines
that such alternatives will achieve a level of stabilization and
containment of the sites concerned, and a level of protection for
public health, safety, and the environment from radiological and
nonradiological hazards associated with such sites, which is
equivalent to, to the extent practicable, or more stringent than
the level which would be achieved by standards and requirements
adopted and enforced by the Commission for the same purpose and any
final standards promulgated by the Administrator of the
Environmental Protection Agency in accordance with section 2022 of
this title.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 84, as added Pub. L. 95-604,
title II, Sec. 205(a), Nov. 8, 1978, 92 Stat. 3039; amended Pub. L.
97-415, Secs. 20, 22(a), Jan. 4, 1983, 96 Stat. 2079, 2080;
renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
-REFTEXT-
REFERENCES IN TEXT
The Solid Waste Disposal Act, as amended, referred to in subsec.
(a)(3), is title II of Pub. L. 89-272, as amended generally by Pub.
L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is
classified generally to chapter 82 (Sec. 6901 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 6901 of this title and
Tables.
-MISC1-
AMENDMENTS
1983 - Subsec. (a)(1). Pub. L. 97-415, Sec. 22(a), inserted
provision that the Commission is to take into account the risk to
the public health, safety, and the environment, with due
consideration of the economic costs and such other factors as the
Commission determines to be appropriate.
Subsec. (c). Pub. L. 97-415, Sec. 20, added subsec. (c).
EFFECTIVE DATE
Section effective Nov. 8, 1978, see section 208 of Pub. L. 95-
604, set out as an Effective Date of 1978 Amendment note under
section 2014 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-FOOTNOTE-
(!1) So in original.
-End-
-CITE-
42 USC SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC
ENERGY 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY
-HEAD-
SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY
-End-
-CITE-
42 USC Sec. 2121 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY
-HEAD-
Sec. 2121. Authority of Commission
-STATUTE-
(a) Research and development; weapons production; hazardous wastes;
transfers of technologies
The Commission is authorized to -
(1) conduct experiments and do research and development work in
the military application of atomic energy;
(2) engage in the production of atomic weapons, or atomic
weapon parts, except that such activities shall be carried on
only to the extent that the express consent and direction of the
President of the United States has been obtained, which consent
and direction shall be obtained at least once each year;
(3) provide for safe storage, processing, transportation, and
disposal of hazardous waste (including radioactive waste)
resulting from nuclear materials production, weapons production
and surveillance programs, and naval nuclear propulsion programs;
(4) carry out research on and development of technologies
needed for the effective negotiation and verification of
international agreements on control of special nuclear materials
and nuclear weapons; and
(5) under applicable law (other than this paragraph) and
consistent with other missions of the Department of Energy, make
transfers of federally owned or originated technology to State
and local governments, private industry, and universities or
other nonprofit organizations so that the prospects for
commercialization of such technology are enhanced.
(b) Material for Department of Defense use
The President from time to time may direct the Commission (1) to
deliver such quantities of special nuclear material or atomic
weapons to the Department of Defense for such use as he deems
necessary in the interest of national defense, or (2) to authorize
the Department of Defense to manufacture, produce, or acquire any
atomic weapon or utilization facility for military purposes:
Provided, however, That such authorization shall not extend to the
production of special nuclear material other than that incidental
to the operation of such utilization facilities.
(c) Sale, lease, or loan to other Nations of materials for military
applications
The President may authorize the Commission or the Department of
Defense, with the assistance of the other, to cooperate with
another nation and, notwithstanding the provisions of section 2077,
2092, or 2111 of this title, to transfer by sale, lease, or loan to
that nation, in accordance with terms and conditions of a program
approved by the President -
(1) nonnuclear parts of atomic weapons provided that such
nation has made substantial progress in the development of atomic
weapons, and other nonnuclear parts of atomic weapons systems
involving Restricted Data provided that such transfer will not
contribute significantly to that nation's atomic weapon design,
development, or fabrication capability; for the purpose of
improving that nation's state of training and operational
readiness;
(2) utilization facilities for military applications; and
(3) source, byproduct, or special nuclear material for research
on, development of, production of, or use in utilization
facilities for military applications; and
(4) source, byproduct, or special nuclear material for research
on, development of, or use in atomic weapons: Provided, however,
That the transfer of such material to that nation is necessary to
improve its atomic weapon design, development, or fabrication
capability: And provided further, That such nation has made
substantial progress in the development of atomic weapons,
whenever the President determines that the proposed cooperation and
each proposed transfer arrangement for the nonnuclear parts of
atomic weapons and atomic weapons systems, utilization facilities
or source, byproduct, or special nuclear material will promote and
will not constitute an unreasonable risk to the common defense and
security, while such other nation is participating with the United
States pursuant to an international arrangement by substantial and
material contributions to the mutual defense and security:
Provided, however, That the cooperation is undertaken pursuant to
an agreement entered into in accordance with section 2153 of this
title: And provided further, That if an agreement for cooperation
arranged pursuant to this subsection provides for transfer of
utilization facilities for military applications the Commission, or
the Department of Defense with respect to cooperation it has been
authorized to undertake, may authorize any person to transfer such
utilization facilities for military applications in accordance with
the terms and conditions of this subsection and of the agreement
for cooperation.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 91, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 936; amended Pub. L. 85-479, Sec. 1,
July 2, 1958, 72 Stat. 276; Pub. L. 101-189, div. C, title XXXI,
Sec. 3157, Nov. 29, 1989, 103 Stat. 1684; renumbered title I, Pub.
L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1806(a) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
1989 - Subsec. (a)(3) to (5). Pub. L. 101-189 added pars. (3) to
(5).
1958 - Subsec. (c). Pub. L. 85-479 added subsec. (c).
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
DELEGATION OF FUNCTIONS
Authority vested in President by subsec. (c) of this section
delegated to Secretary of Defense and Secretary of Energy, see
section 2(a)(1) of Ex. Ord. No. 10841, as amended, set out as a
note under section 2153 of this title.
-MISC2-
FORM OF CERTIFICATIONS REGARDING SAFETY OR RELIABILITY OF NUCLEAR
WEAPONS STOCKPILE
Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3194], Oct. 30,
2000, 114 Stat. 1654, 1654A-481, which was formerly set out as a
note under this section, was renumbered section 4206 of Pub. L. 107-
314, the Bob Stump National Defense Authorization Act for Fiscal
Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(7),
Nov. 24, 2003, 117 Stat. 1759, and is classified to section 2526 of
Title 50, War and National Defense.
AUTHORITY TO PROVIDE CERTIFICATE OF COMMENDATION TO DEPARTMENT OF
ENERGY AND CONTRACTOR EMPLOYEES FOR EXEMPLARY SERVICE IN STOCKPILE
STEWARDSHIP AND SECURITY
Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3195], Oct. 30,
2000, 114 Stat. 1654, 1654A-481, which was formerly set out as a
note under this section, was renumbered section 4605 of Pub. L. 107-
314, the Bob Stump National Defense Authorization Act for Fiscal
Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(i)(6),
Nov. 24, 2003, 117 Stat. 1778, and is classified to section 2705 of
Title 50, War and National Defense.
NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION PROGRAM
Pub. L. 106-65, div. C, title XXXI, Sec. 3133, Oct. 5, 1999, 113
Stat. 926, which was formerly set out as a note under this section,
was renumbered section 4204 of Pub. L. 107-314, the Bob Stump
National Defense Authorization Act for Fiscal Year 2003, by Pub. L.
108-136, div. C, title XXXI, Sec. 3141(e)(5)(A)-(C), Nov. 24, 2003,
117 Stat. 1758, and is classified to section 2524 of Title 50, War
and National Defense.
REPORT ON STOCKPILE STEWARDSHIP CRITERIA
Pub. L. 105-261, div. C, title XXXI, Sec. 3158, Oct. 17, 1998,
112 Stat. 2257, as amended by Pub. L. 106-65, div. A, title X, Sec.
1067(3), Oct. 5, 1999, 113 Stat. 774, which was formerly set out as
a note under this section, was renumbered section 4202 of Pub. L.
107-314, the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
3141(e)(3), Nov. 24, 2003, 117 Stat. 1758, and is classified to
section 2522 of Title 50, War and National Defense.
PANEL TO ASSESS THE RELIABILITY, SAFETY, AND SECURITY OF THE UNITED
STATES NUCLEAR STOCKPILE
Pub. L. 105-261, div. C, title XXXI, Sec. 3159, Oct. 17, 1998,
112 Stat. 2258, as amended by Pub. L. 106-65, div. A, title X, Sec.
1067(3), Oct. 5, 1999, 113 Stat. 774; Pub. L. 107-107, div. C,
title XXXI, Sec. 3156, Dec. 28, 2001, 115 Stat. 1379; Pub. L. 107-
314, div. C, title XXXI, Sec. 3175, Dec. 2, 2002, 116 Stat. 2745,
provided that:
"(a) Requirement for Panel. - The Secretary of Defense, in
consultation with the Secretary of Energy, shall enter into a
contract with a federally funded research and development center to
establish a panel for the assessment of the certification process
for the reliability, safety, and security of the United States
nuclear stockpile.
"(b) Composition and Administration of Panel. - (1) The panel
shall consist of private citizens of the United States with
knowledge and expertise in the technical aspects of design,
manufacture, and maintenance of nuclear weapons.
"(2) The federally funded research and development center shall
be responsible for establishing appropriate procedures for the
panel, including selection of a panel chairman.
"(c) Duties of Panel. - Each year the panel shall review and
assess the following:
"(1) The annual certification process, including the
conclusions and recommendations resulting from the process, for
the safety, security, and reliability of the nuclear weapons
stockpile of the United States, as carried out by the directors
of the national weapons laboratories.
"(2) The long-term adequacy of the process of certifying the
safety, security, and reliability of the nuclear weapons
stockpile of the United States.
"(3) The adequacy of the criteria established by the Secretary
of Energy pursuant to section 3158 [formerly set out as a note
above] for achieving the purposes for which those criteria are
established.
"(d) Report. - Not later than October 1 of 1999 and 2000, and not
later than February 1, 2002, the panel shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report setting
forth its findings and conclusions resulting from the review and
assessment carried out for the year covered by the report. The
report shall be submitted in classified and unclassified form.
"(e) Cooperation of Other Agencies. - (1) The panel may secure
directly from the Department of Energy, the Department of Defense,
or any of the national weapons laboratories or plants or any other
Federal department or agency information that the panel considers
necessary to carry out its duties.
"(2) For carrying out its duties, the panel shall be provided
full and timely cooperation by the Secretary of Energy, the
Secretary of Defense, the Commander of United States Strategic
Command, the Directors of the Los Alamos National Laboratory, the
Lawrence Livermore National Laboratory, the Sandia National
Laboratories, the Savannah River Site, the Y-12 Plant, the Pantex
Facility, and the Kansas City Plant, and any other official of the
United States that the chairman of the panel determines as having
information described in paragraph (1).
"(3) The Secretary of Energy and the Secretary of Defense shall
each designate at least one officer or employee of the Department
of Energy and the Department of Defense, respectively, to serve as
a liaison officer between the department and the panel.
"(f) Funding. - The Secretary of Defense and the Secretary of
Energy shall each contribute 50 percent of the amount of funds that
are necessary for the panel to carry out its duties. Funds
available for the Department of Energy for the National Nuclear
Security Administration shall be available for the Department of
Energy contribution.
"(g) Termination of Panel. - The panel shall terminate April 1,
2003.
"(h) Initial Implementation. - The Secretary of Defense shall
enter into the contract required under subsection (a) not later
than 60 days after the date of the enactment of this Act [Oct. 17,
1998]. The panel shall convene its first meeting not later than 30
days after the date as of which all members of the panel have been
appointed.
"(i) Follow-Up Report. - Not later than February 1, 2003, the
panel shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives
a follow-up report assessing progress toward meeting the
expectations set forth by the panel for the United States stockpile
stewardship program, and making recommendations for corrective
legislative action where progress has been unsatisfactory."
COMMISSION ON MAINTAINING UNITED STATES NUCLEAR WEAPONS EXPERTISE
Pub. L. 104-201, div. C, title XXXI, Sec. 3162, Sept. 23, 1996,
110 Stat. 2843, as amended by Pub. L. 105-85, div. C, title XXXI,
Sec. 3163, Nov. 18, 1997, 111 Stat. 2049, provided that:
"(a) Establishment. - There is hereby established a commission to
be known as the 'Commission on Maintaining United States Nuclear
Weapons Expertise' (in this section referred to as the
'Commission').
"(b) Organizational Matters. - (1)(A) The Commission shall be
composed of eight members appointed from among individuals in the
public and private sectors who have significant experience in
matters relating to nuclear weapons, as follows:
"(i) Two shall be appointed by the majority leader of the
Senate (in consultation with the minority leader of the Senate).
"(ii) One shall be appointed by the minority leader of the
Senate (in consultation with the majority leader of the Senate).
"(iii) Two shall be appointed by the Speaker of the House of
Representatives (in consultation with the minority leader of the
House of Representatives).
"(iv) One shall be appointed by the minority leader of the
House of Representatives (in consultation with the Speaker of the
House of Representatives).
"(v) Two shall be appointed by the Secretary of Energy.
"(B) Members shall be appointed for the life of the Commission.
Any vacancy in the Commission shall not affect its powers, but
shall be filled in the same manner as the original appointment.
"(C) The chairman of the Commission shall be designated from
among the members of the Commission appointed under subparagraph
(A) by the majority leader of the Senate, in consultation with the
Speaker of the House of Representatives, the minority leader of the
Senate, and the minority leader of the House of Representatives.
The chairman may be designated once five members of the Commission
have been appointed under subparagraph (A).
"(D) Members shall be appointed not later than 60 days after the
date of the enactment of this Act [Sept. 23, 1996].
"(E) The Commission may commence its activities under this
section upon the designation of the chairman of the Commission
under subparagraph (C).
"(2) The members of the Commission shall establish procedures for
the activities of the Commission, including procedures for calling
meetings, requirements for quorums, and the manner of taking votes.
"(c) Duties. - (1) The Commission shall develop a plan for
recruiting and retaining within the Department of Energy nuclear
weapons complex such scientific, engineering, and technical
personnel as the Commission determines appropriate in order to
permit the Department to maintain over the long term a safe and
reliable nuclear weapons stockpile without engaging in underground
testing.
"(2) In developing the plan, the Commission shall -
"(A) identify actions that the Secretary may undertake to
attract qualified scientific, engineering, and technical
personnel to the nuclear weapons complex of the Department; and
"(B) review and recommend improvements to the on-going efforts
of the Department to attract such personnel to the nuclear
weapons complex.
"(d) Report. - Not later than March 15, 1999, the Commission
shall submit to the Secretary and to Congress a report containing
the plan developed under subsection (c). The report may include
recommendations for legislation and administrative action.
"(e) Commission Personnel Matters. - (1) Each member of the
Commission who is not an officer or employee of the Federal
Government shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed for level IV
of the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Commission. All members of the Commission who are officers or
employees of the United States shall serve without compensation in
addition to that received for their services as officers or
employees of the United States.
"(2) The members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from their homes or
regular places of business in the performance of services for the
Commission.
"(3) The Commission may, without regard to the civil service laws
and regulations, appoint and terminate such personnel as may be
necessary to enable the Commission to perform its duties. The
Commission may fix the compensation of the personnel of the
Commission without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule pay
rates.
"(4) Any Federal Government employee may be detailed to the
Commission without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
"(f) Termination. - The Commission shall terminate 30 days after
the date on which the Commission submits its report under
subsection (d).
"(g) Applicability of FACA. - The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
activities of the Commission.
"(h) Funding. - Of the amounts authorized to be appropriated
pursuant to section 3101 [110 Stat. 2820], not more than $1,000,000
shall be available for the activities of the Commission under this
section. Funds made available to the Commission under this section
shall remain available until expended."
[Section 3163(a) of Pub. L. 105-85 provided that the amendment
made by that section to section 3162(b)(1) of Pub. L. 104-201, set
out above, is effective Jan. 1, 1998.]
TRITIUM PRODUCTION PROGRAM
Pub. L. 104-106, div. C, title XXXI, Sec. 3133, Feb. 10, 1996,
110 Stat. 618, which was formerly set out as a note under this
section, was renumbered section 4231 of Pub. L. 107-314, the Bob
Stump National Defense Authorization Act for Fiscal Year 2003, by
Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(16)(A)-(C), Nov.
24, 2003, 117 Stat. 1761, and is classified to section 2541 of
Title 50, War and National Defense.
MANUFACTURING INFRASTRUCTURE FOR REFABRICATION AND CERTIFICATION OF
NUCLEAR WEAPONS STOCKPILE
Pub. L. 104-106, div. C, title XXXI, Sec. 3137, Feb. 10, 1996,
110 Stat. 620, as amended by Pub. L. 104-201, div. C, title XXXI,
Sec. 3132(a), (b), Sept. 23, 1996, 110 Stat. 2829, which was
formerly set out as a note under this section, was renumbered
section 4212 of Pub. L. 107-314, the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, by Pub. L. 108-136, div. C,
title XXXI, Sec. 3141(e)(13)(A)-(C), Nov. 24, 2003, 117 Stat. 1760,
and is classified to section 2532 of Title 50, War and National
Defense.
FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS CRITICAL TO DEPARTMENT
OF ENERGY NUCLEAR WEAPONS COMPLEX
Pub. L. 104-106, div. C, title XXXI, Sec. 3140, Feb. 10, 1996,
110 Stat. 621, as amended by Pub. L. 106-65, div. C, title XXXI,
Sec. 3162(a)-(d), Oct. 5, 1999, 113 Stat. 943, which was formerly
set out as a note under this section, was renumbered section 4623
of Pub. L. 107-314, the Bob Stump National Defense Authorization
Act for Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI,
Sec. 3141(i)(10), Nov. 24, 2003, 117 Stat. 1779, and is classified
to section 2723 of Title 50, War and National Defense.
STUDY ON NUCLEAR TEST READINESS POSTURES
Pub. L. 104-106, div. C, title XXXI, Sec. 3152, Feb. 10, 1996,
110 Stat. 623, as amended by Pub. L. 106-398, Sec. 1 [div. C, title
XXXI, Sec. 3192], Oct. 30, 2000, 114 Stat. 1654, 1654A-480, which
was formerly set out as a note under this section, was renumbered
section 4208 of Pub. L. 107-314, the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, by Pub. L. 108-136, div. C,
title XXXI, Sec. 3141(e)(9), Nov. 24, 2003, 117 Stat. 1759, and is
classified to section 2528 of Title 50, War and National Defense.
PLAN FOR STEWARDSHIP, MANAGEMENT, AND CERTIFICATION OF WARHEADS IN
THE NUCLEAR WEAPONS STOCKPILE
Pub. L. 105-85, div. C, title XXXI, Sec. 3151, Nov. 18, 1997, 111
Stat. 2041, which was formerly set out as a note under this
section, was renumbered section 4203 of Pub. L. 107-314, the Bob
Stump National Defense Authorization Act for Fiscal Year 2003, by
Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(4), Nov. 24,
2003, 117 Stat. 1758, and is classified to section 2523 of Title
50, War and National Defense.
REPORT ON WASTE STREAMS GENERATED BY NUCLEAR WEAPONS PRODUCTION
CYCLE
Pub. L. 103-337, div. C, title XXXI, Sec. 3154, Oct. 5, 1994, 108
Stat. 3091, directed Secretary of Energy, not later than Mar. 31,
1996, to submit to Congress report containing description of all
waste streams generated before 1992 during each step of complete
cycle of production and disposition of nuclear weapon components by
Department of Energy, with description for each such step to be
based on unit of analysis appropriate for that step, and to include
estimate of volume of waste generated per unit of analysis and
analysis of characteristics of each waste stream.
PROHIBITION ON RESEARCH AND DEVELOPMENT OF LOW-YIELD NUCLEAR
WEAPONS
Pub. L. 103-160, div. C, title XXXI, Sec. 3136, Nov. 30, 1993,
107 Stat. 1946, expressed policy of United States with respect to
research and development of low-yield nuclear weapons, prior to
repeal by Pub. L. 108-136, div. C, title XXXI, Sec. 3116(a), Nov.
24, 2003, 117 Stat. 1746.
[Pub. L. 108-136, div. C, title XXXI, Sec. 3116(b), Nov. 24,
2003, 117 Stat. 1746, provided that: "Nothing in the repeal made by
subsection (a) [repealing section 3136 of Pub. L. 103-160, formerly
set out as a note above] shall be construed as authorizing the
testing, acquisition, or deployment of a low-yield nuclear
weapon."]
STOCKPILE STEWARDSHIP PROGRAM
Pub. L. 105-85, div. C, title XXXI, Sec. 3156, Nov. 18, 1997, 111
Stat. 2045, expressed findings of Congress and policy of United
States about the direction and conduct of the stockpile stewardship
program, prior to repeal by Pub. L. 105-261, div. C, title XXXI,
Sec. 3157, Oct. 17, 1998, 112 Stat. 2257.
Pub. L. 103-160, div. C, title XXXI, Sec. 3138, Nov. 30, 1993,
107 Stat. 1946, as amended by Pub. L. 105-85, div. C, title XXXI,
Sec. 3152(e), Nov. 18, 1997, 111 Stat. 2042, which was formerly set
out as a note under this section, was renumbered section 4201 of
Pub. L. 107-314, the Bob Stump National Defense Authorization Act
for Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
3141(e)(2), Nov. 24, 2003, 117 Stat. 1758, and is classified to
section 2521 of Title 50, War and National Defense.
LIMITATIONS ON UNITED STATES NUCLEAR WEAPONS TESTING
Pub. L. 103-160, div. A, title II, Sec. 261, Nov. 30, 1993, 107
Stat. 1608, provided that:
"(a) Limitation on Obligation of Funds. - The Secretary of
Defense may not obligate funds in preparation for any activity of
the Department of Defense, including the so-called 'Mighty Uncle'
test, to study the effects of a nuclear weapon explosion through
underground nuclear weapons testing unless that test is permitted
in accordance with the provisions of section 507 of Public Law 102-
377 [set out below] (106 Stat. 1343).
"(b) Certain Actions Not Prohibited. - Subsection (a) does not
preclude the Secretary of Defense, acting through the Director of
the Defense Nuclear Agency, from -
"(1) proceeding with underground nuclear test tunnel
deactivation and environmental cleanup; or
"(2) expending funds for infrastructure activities not covered
by the limitation in subsection (a).
"(c) Funding. - Of the funds authorized to be appropriated
pursuant to section 201 [107 Stat. 1583] for Defense-wide
activities, not more than $38,000,000 may be used for activities
described in subsection (b)."
Pub. L. 103-160, div. C, title XXXI, Sec. 3137, Nov. 30, 1993,
107 Stat. 1946, which was formerly set out as a note under this
section, was renumbered section 4211 of Pub. L. 107-314, the Bob
Stump National Defense Authorization Act for Fiscal Year 2003, by
Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(12)(A)-(C), Nov.
24, 2003, 117 Stat. 1760, and is classified to section 2531 of
Title 50, War and National Defense.
Pub. L. 102-377, title V, Sec. 507, Oct. 2, 1992, 106 Stat. 1343,
as amended by Pub. L. 108-136, div. C, title XXXI, Sec.
3141(e)(11), Nov. 24, 2003, 117 Stat. 1760, provided that:
"(a) Hereafter, funds made available by this Act or any other Act
for fiscal year 1993 or for any other fiscal year may be available
for conducting a test of a nuclear explosive device only if the
conduct of that test is permitted in accordance with the provisions
of this section.
"(b) No underground test of a nuclear weapon may be conducted by
the United States after September 30, 1992, and before July 1,
1993.
"(c) On and after July 1, 1993, and before January 1, 1997, an
underground test of a nuclear weapon may be conducted by the United
States -
"(1) only if -
"(A) the President has submitted the annual report required
under subsection (d);
"(B) 90 days have elapsed after the submittal of that report
in accordance with that subsection; and
"(C) Congress has not agreed to a joint resolution described
in subsection (d)(3) within that 90-day period; and
"(2) only if the test is conducted during the period covered by
the report.
"(d)(1) Not later than March 1, of each year beginning after
1992, the President shall submit to the Committees on Armed
Services and Appropriations of the Senate and the House of
Representatives, in classified and unclassified forms, a report
containing the following matters:
"(A) A schedule for resumption of the Nuclear Testing Talks
with Russia.
"(B) A plan for achieving a multilateral comprehensive ban on
the testing of nuclear weapons on or before September 30, 1996.
"(C) An assessment of the number and type of nuclear warheads
that will remain in the United States stockpile of active nuclear
weapons on September 30, 1996.
"(D) For each fiscal year after fiscal year 1992, an assessment
of the number and type of nuclear warheads that will remain in
the United States stockpile of nuclear weapons and that -
"(i) will not be in the United States stockpile of active
nuclear weapons;
"(ii) will remain under the control of the Department of
Defense; and
"(iii) will not be transferred to the Department of Energy
for dismantlement.
"(E) A description of the safety features of each warhead that
is covered by an assessment referred to in subparagraph (C) or
(D).
"(F) A plan for installing one or more modern safety features
in each warhead identified in the assessment referred to in
subparagraph (C), as determined after an analysis of the costs
and benefits of installing such feature or features in the
warhead, should have one or more of such features.
"(G) An assessment of the number and type of nuclear weapons
tests, not to exceed 5 tests in any period covered by an annual
report under this paragraph and a total of 15 tests in the 4-
fiscal year period beginning with fiscal year 1993, that are
necessary in order to ensure the safety of each nuclear warhead
in which one or more modern safety features are installed
pursuant to the plan referred to in subparagraph (F).
"(H) A schedule, in accordance with subparagraph (G), for
conducting at the Nevada test site, each of the tests enumerated
in the assessment pursuant to subparagraph (G).
"(2) The first annual report shall cover the period beginning on
the date on which a resumption of testing of nuclear weapons is
permitted under subsection (c) and ending on September 30, 1994.
Each annual report thereafter shall cover the fiscal year following
the fiscal year in which the report is submitted.
"(3) For the purposes of paragraph (1), 'joint resolution' means
only a joint resolution introduced after the date on which the
Committees referred to in that paragraph receive the report
required by that paragraph the matter after the resolving clause of
which is as follows: 'The Congress disapproves the report of the
President on nuclear weapons testing, dated .' (the blank
space being appropriately filled in).
"(4) No report is required under this subsection after 1996.
"(e)(1) Except as provided in paragraphs (2) and (3), during a
period covered by an annual report submitted pursuant to subsection
(d), nuclear weapons may be tested only as follows:
"(A) Only those nuclear explosive devices in which modern
safety features have been installed pursuant to the plan referred
to in subsection (d)(1)(F) may be tested.
"(B) Only the number and types of tests specified in the report
pursuant to subsection (d)(1)(G) may be conducted.
"(2)(A) One test of the reliability of a nuclear weapon other
than one referred to in paragraph (1)(A) may be conducted during
any period covered by an annual report, but only if -
"(i) within the first 60 days after the beginning of that
period, the President certifies to Congress that it is vital to
the national security interests of the United States to test the
reliability of such a nuclear weapon; and
"(ii) within the 60-day period beginning on the date that
Congress receives the certification, Congress does not agree to a
joint resolution described in subparagraph (B).
"(B) For the purposes of subparagraph (A), 'joint resolution'
means only a joint resolution introduced after the date on which
the Congress receives the certification referred to in that
subparagraph the matter after the resolving clause of which is as
follows: 'The Congress disapproves the testing of a nuclear weapon
covered by the certification of the President dated .'
(the blank space being appropriately filled in).
"(3) The President may authorize the United Kingdom to conduct in
the United States, within a period covered by an annual report, one
test of a nuclear weapon if the President determines that it is in
the national interests of the United States to do so. Such a test
shall be considered as one of the tests within the maximum number
of tests that the United States is permitted to conduct during that
period under paragraph (1)(B).
"(f) [Transferred to section 2530 of Title 50, War and National
Defense.]
"(g) In the computation of the 90-day period referred to in
subsection (c)(1) and the 60-day period referred to in subsection
(e)(2)(A)(ii), the days on which either House is not in session
because of an adjournment of more than 3 days to a day certain
shall be excluded.
"(h) In this section, the term 'modern safety feature' means any
of the following features:
"(1) An insensitive high explosive (IHE).
"(2) Fire resistant pits (FRP).
"(3) An enhanced detonation safety (ENDS) system."
NUCLEAR TEST BAN READINESS PROGRAM
Pub. L. 100-456, div. A, title XIV, Sec. 1436, Sept. 29, 1988,
102 Stat. 2075, as amended by Pub. L. 105-85, div. C, title XXXI,
Sec. 3152(i), Nov. 18, 1997, 111 Stat. 2042, which was formerly set
out as a note under this section, was renumbered section 4207 of
Pub. L. 107-314, the Bob Stump National Defense Authorization Act
for Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
3141(e)(8)(A)-(C), Nov. 24, 2003, 117 Stat. 1759, and is classified
to section 2527 of Title 50, War and National Defense.
-End-
-CITE-
42 USC Sec. 2122 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY
-HEAD-
Sec. 2122. Prohibitions governing atomic weapons
-STATUTE-
(a) It shall be unlawful, except as provided in section 2121 of
this title, for any person, inside or outside of the United States,
to knowingly participate in the development of, manufacture,
produce, transfer, acquire, receive, possess, import, export, or
use, or possess and threaten to use, any atomic weapon. Nothing in
this section shall be deemed to modify the provisions of section
2051(a) or 2131 of this title.
(b) Conduct prohibited by subsection (a) of this section is
within the jurisdiction of the United States if -
(1) the offense occurs in or affects interstate or foreign
commerce; the offense occurs outside of the United States and is
committed by a national of the United States;
(2) the offense is committed against a national of the United
States while the national is outside the United States;
(3) the offense is committed against any property that is
owned, leased, or used by the United States or by any department
or agency of the United States, whether the property is within or
outside the United States; or
(4) an offender aids or abets any person over whom jurisdiction
exists under this subsection in committing an offense under this
section or conspires with any person over whom jurisdiction
exists under this subsection to commit an offense under this
section.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 92, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 936; amended Pub. L. 85-479, Sec. 2,
July 2, 1958, 72 Stat. 277; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
108-458, title VI, Secs. 6803(b), 6904(a), Dec. 17, 2004, 118 Stat.
3768, 3771.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1806(b) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
2004 - Pub. L. 108-458, Sec. 6904(a)(1), designated existing
provisions as subsec. (a).
Pub. L. 108-458, Sec. 6803(b)(2), inserted "participate in the
development of," after "interstate or foreign commerce,".
Pub. L. 108-458, Sec. 6803(b)(1), inserted ", inside or outside
of the United States," after "for any person".
Subsec. (a). Pub. L. 108-458, Sec. 6904(a)(4), which directed
amendment by striking out "transfer or receive in interstate or
foreign commerce," before "manufacture", was executed by striking
out such phrase before "participate in the development of,
manufacture" to reflect the probable intent of Congress and the
intervening amendment by Pub. L. 108-458, Sec. 6803(b)(2). See
above.
Pub. L. 108-458, Sec. 6904(a)(3), (5), (6), inserted "receive,"
after "acquire,", struck out "or" before "export", and inserted ",
or use, or possess and threaten to use," before "any atomic
weapon".
Pub. L. 108-458, Sec. 6904(a)(2), which directed amendment by
inserting "knowingly" after "for any person to", was executed by
making the insertion after "for any person, inside or outside of
the United States, to" to reflect the probable intent of Congress
and the amendment by Pub. L. 108-458, Sec. 6803(b)(1). See above.
Subsec. (b). Pub. L. 108-458, Sec. 6904(a)(7), added subsec. (b).
1958 - Pub. L. 85-479 included transfers or receipts in foreign
commerce.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2122a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY
-HEAD-
Sec. 2122a. Repealed. Pub. L. 106-65, div. C, title XXXII, Sec.
3294(e)(1)(A), Oct. 5, 1999, 113 Stat. 970
-MISC1-
Section, act Aug. 1, 1946, ch. 724, title I, Sec. 93, as added
Pub. L. 103-160, div. C, title XXXI, Sec. 3156(a), Nov. 30, 1993,
107 Stat. 1953, related to congressional oversight of special
access programs. See section 2426 of Title 50, War and National
Defense.
EFFECTIVE DATE OF REPEAL
Repeal effective Mar. 1, 2000, see section 3299 of Pub. L. 106-
65, set out as an Effective Date note under section 2401 of Title
50, War and National Defense.
-End-
-CITE-
42 USC Sec. 2123 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY
-HEAD-
Sec. 2123. Transferred
-COD-
CODIFICATION
Section, Pub. L. 102-190, div. C, title XXXI, Sec. 3136, Dec. 5,
1991, 105 Stat. 1577; Pub. L. 103-35, title II, Sec. 203(b)(3), May
31, 1993, 107 Stat. 102, which related to critical technology
partnerships between laboratories of the Department of Energy and
other entities, was renumbered section 4813 of Pub. L. 107-314, the
Bob Stump National Defense Authorization Act for Fiscal Year 2003,
by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(8), Nov. 24,
2003, 117 Stat. 1785, and transferred to section 2794 of Title 50,
War and National Defense.
-End-
-CITE-
42 USC SUBCHAPTER IX - ATOMIC ENERGY LICENSES 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IX - ATOMIC ENERGY LICENSES
-HEAD-
SUBCHAPTER IX - ATOMIC ENERGY LICENSES
-End-
-CITE-
42 USC Sec. 2131 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IX - ATOMIC ENERGY LICENSES
-HEAD-
Sec. 2131. License required
-STATUTE-
It shall be unlawful, except as provided in section 2121 of this
title, for any person within the United States to transfer or
receive in interstate commerce, manufacture, produce, transfer,
acquire, possess, use, import, or export any utilization or
production facility except under and in accordance with a license
issued by the Commission pursuant to section 2133 or 2134 of this
title.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 101, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 936; amended Aug. 6, 1956, ch. 1015,
Sec. 11, 70 Stat. 1071; renumbered title I, Pub. L. 102-486, title
IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1807(a) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
1956 - Act Aug. 6, 1956, inserted "use," after "possess,".
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2132 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IX - ATOMIC ENERGY LICENSES
-HEAD-
Sec. 2132. Utilization and production facilities for industrial or
commercial purposes
-STATUTE-
(a) Issuance of licenses
Except as provided in subsections (b) and (c) of this section, or
otherwise specifically authorized by law, any license hereafter
issued for a utilization or production facility for industrial or
commercial purposes shall be issued pursuant to section 2133 of
this title.
(b) Facilities constructed or operated under section 2134(b)
Any license hereafter issued for a utilization or production
facility for industrial or commercial purposes, the construction or
operation of which was licensed pursuant to section 2134(b) of this
title prior to enactment into law of this subsection, shall be
issued under section 2134(b) of this title.
(c) Cooperative Power Reactor Demonstration facilities
Any license for a utilization or production facility for
industrial or commercial purposes constructed or operated under an
arrangement with the Commission entered into under the Cooperative
Power Reactor Demonstration Program shall, except as otherwise
specifically required by applicable law, be issued under section
2134(b) of this title.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 102, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 936; amended Pub. L. 91-560, Sec. 3,
Dec. 19, 1970, 84 Stat. 1472; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1970 - Pub. L. 91-560 substituted provisions authorizing
Commission to issue licenses for a utilization or production
facility for industrial or commercial purposes under section 2133,
except that license may be issued under section 2134(b), for such
utilization or production facility, construction or operation of
which was licensed under section 2134(b) before December 19, 1970
or constructed or operated under an arrangement with Commission
entered into under Cooperative Power Reactor Demonstration Program,
for provisions authorizing Commission to issue licenses pursuant to
section 2133 of this title on a determination that such utilization
or production facility has been sufficiently developed to be of
practical value for industrial or commercial purposes.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2133 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IX - ATOMIC ENERGY LICENSES
-HEAD-
Sec. 2133. Commercial licenses
-STATUTE-
(a) Conditions
The Commission is authorized to issue licenses to persons
applying therefor to transfer or receive in interstate commerce,
manufacture, produce, transfer, acquire, possess, use, import, or
export under the terms of an agreement for cooperation arranged
pursuant to section 2153 of this title, utilization or production
facilities for industrial or commercial purposes. Such licenses
shall be issued in accordance with the provisions of subchapter XV
of this division and subject to such conditions as the Commission
may by rule or regulation establish to effectuate the purposes and
provisions of this chapter.
(b) Nonexclusive basis
The Commission shall issue such licenses on a nonexclusive basis
to persons applying therefor (1) whose proposed activities will
serve a useful purpose proportionate to the quantities of special
nuclear material or source material to be utilized; (2) who are
equipped to observe and who agree to observe such safety standards
to protect health and to minimize danger to life or property as the
Commission may by rule establish; and (3) who agree to make
available to the Commission such technical information and data
concerning activities under such licenses as the Commission may
determine necessary to promote the common defense and security and
to protect the health and safety of the public. All such
information may be used by the Commission only for the purposes of
the common defense and security and to protect the health and
safety of the public.
(c) License period
Each such license shall be issued for a specified period, as
determined by the Commission, depending on the type of activity to
be licensed, but not exceeding forty years from the authorization
to commence operations, and may be renewed upon the expiration of
such period.
(d) Limitations
No license under this section may be given to any person for
activities which are not under or within the jurisdiction of the
United States, except for the export of production or utilization
facilities under terms of an agreement for cooperation arranged
pursuant to section 2153 of this title, or except under the
provisions of section 2139 of this title. No license may be issued
to an alien or any any (!1) corporation or other entity if the
Commission knows or has reason to believe it is owned, controlled,
or dominated by an alien, a foreign corporation, or a foreign
government. In any event, no license may be issued to any person
within the United States if, in the opinion of the Commission, the
issuance of a license to such person would be inimical to the
common defense and security or to the health and safety of the
public.
(f) (!2) Accident notification condition; license revocation;
license amendment to include condition
Each license issued for a utilization facility under this section
or section 2134(b) of this title shall require as a condition
thereof that in case of any accident which could result in an
unplanned release of quantities of fission products in excess of
allowable limits for normal operation established by the
Commission, the licensee shall immediately so notify the
Commission. Violation of the condition prescribed by this
subsection may, in the Commission's discretion, constitute grounds
for license revocation. In accordance with section 2237 of this
title, the Commission shall promptly amend each license for a
utilization facility issued under this section or section 2134(b)
of this title which is in effect on June 30, 1980, to include the
provisions required under this subsection.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 103, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 936; amended Aug. 6, 1956, ch. 1015,
Secs. 12, 13, 70 Stat. 1071; Pub. L. 91-560, Sec. 4, Dec. 19, 1970,
84 Stat. 1472; Pub. L. 96-295, title II, Sec. 201, June 30, 1980,
94 Stat. 786; renumbered title I, Pub. L. 102-486, title IX, Sec.
902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 109-58, title VI,
Sec. 621, Aug. 8, 2005, 119 Stat. 782.)
-MISC1-
AMENDMENTS
2005 - Subsec. (c). Pub. L. 109-58 inserted "from the
authorization to commence operations" after "forty years".
1980 - Subsec. (f). Pub. L. 96-295 added subsec. (f).
1970 - Subsec. (a). Pub. L. 91-560 struck out requirement of a
finding of practical value under section 2132 and substituted
"utilization and production facilities for industrial or commercial
purposes" for "such type of utilization or production facility".
1956 - Subsec. (a). Act Aug. 6, 1956, Sec. 12, inserted "use,"
after "possess,".
Subsec. (d). Act Aug. 6, 1956, Sec. 13, inserted "an alien or
any" after "issued to".
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-FOOTNOTE-
(!1) So in original.
(!2) So in original. Probably should be "(e)".
-End-
-CITE-
42 USC Sec. 2134 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IX - ATOMIC ENERGY LICENSES
-HEAD-
Sec. 2134. Medical, industrial, and commercial licenses
-STATUTE-
(a) Medical therapy
The Commission is authorized to issue licenses to persons
applying therefor for utilization facilities for use in medical
therapy. In issuing such licenses the Commission is directed to
permit the widest amount of effective medical therapy possible with
the amount of special nuclear material available for such purposes
and to impose the minimum amount of regulation consistent with its
obligations under this chapter to promote the common defense and
security and to protect the health and safety of the public.
(b) Industrial and commercial purposes
As provided for in subsection (b) or (c) of section 2132 of this
title, or where specifically authorized by law, the Commission is
authorized to issue licenses under this subsection to persons
applying therefor for utilization and production facilities for
industrial and commercial purposes. In issuing licenses under this
subsection, the Commission shall impose the minimum amount of such
regulations and terms of license as will permit the Commission to
fulfill its obligations under this chapter.
(c) Research and development activities
The Commission is authorized to issue licenses to persons
applying therefor for utilization and production facilities useful
in the conduct of research and development activities of the types
specified in section 2051 of this title and which are not
facilities of the type specified in subsection (b) of this section.
The Commission is directed to impose only such minimum amount of
regulation of the licensee as the Commission finds will permit the
Commission to fulfill its obligations under this chapter to promote
the common defense and security and to protect the health and
safety of the public and will permit the conduct of widespread and
diverse research and development.
(d) Limitations
No license under this section may be given to any person for
activities which are not under or within the jurisdiction of the
United States, except for the export of production or utilization
facilities under terms of an agreement for cooperation arranged
pursuant to section 2153 of this title or except under the
provisions of section 2139 of this title. No license may be issued
to any corporation or other entity if the Commission knows or has
reason to believe it is owned, controlled, or dominated by an
alien, a foreign corporation, or a foreign government. In any
event, no license may be issued to any person within the United
States if, in the opinion of the Commission, the issuance of a
license to such person would be inimical to the common defense and
security or to the health and safety of the public.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 104, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 937; amended Pub. L. 91-560, Sec. 5,
Dec. 19, 1970, 84 Stat. 1472; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1970 - Subsec. (b). Pub. L. 91-560 substituted provisions
authorizing the issue of licenses for utilization or production
facilities for industrial or commercial purposes (i) where
specifically authorized by law or (ii) where the facility was
constructed or operated under an arrangement with the Commission
entered into under the cooperative power reactor demonstration
program, and the applicable statutory authorization does not
require licensing under section 2133, or (iii) where the facility
was theretofore licensed under section 2134(b), for provisions
authorizing the issue of licenses for utilization and production
facilities involved in the conduct of research and development
activities leading to the demonstration of the practical value of
such facilities for industrial and commercial purposes.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2135 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IX - ATOMIC ENERGY LICENSES
-HEAD-
Sec. 2135. Antitrust provisions governing licenses
-STATUTE-
(a) Violations of antitrust laws
Nothing contained in this chapter shall relieve any person from
the operation of the following Acts, as amended, "An Act to protect
trade and commerce against unlawful restraints and monopolies"
approved July second, eighteen hundred and ninety; sections seventy-
three to seventy-six, inclusive, of an Act entitled "An Act to
reduce taxation, to provide revenue for the Government, and for
other purposes" approved August twenty-seven, eighteen hundred and
ninety-four; "An Act to supplement existing laws against unlawful
restraints and monopolies, and for other purposes" approved October
fifteen, nineteen hundred and fourteen; and "An Act to create a
Federal Trade Commission, to defined its powers and duties, and for
other purposes" approved September twenty-six, nineteen hundred and
fourteen. In the event a licensee is found by a court of competent
jurisdiction, either in an original action in that court or in a
proceeding to enforce or review the findings or orders of any
Government agency having jurisdiction under the laws cited above,
to have violated any of the provisions of such laws in the conduct
of the licensed activity, the Commission may suspend, revoke, or
take such other action as it may deem necessary with respect to any
license issued by the Commission under the provisions of this
chapter.
(b) Reports to Attorney General
The Commission shall report promptly to the Attorney General any
information it may have with respect to any utilization of special
nuclear material or atomic energy which appears to violate or to
tend toward the violation of any of the foregoing Acts, or to
restrict free competition in private enterprise.
(c) Transmissions to Attorney General of copies of license
applications; publication of advice; factors considered;
exceptions
(1) The Commission shall promptly transmit to the Attorney
General a copy of any license application provided for in paragraph
(2) of this subsection, and a copy of any written request provided
for in paragraph (3) of this subsection; and the Attorney General
shall, within a reasonable time, but in no event to exceed 180 days
after receiving a copy of such application or written request,
render such advice to the Commission as he determines to be
appropriate in regard to the finding to be made by the Commission
pursuant to paragraph (5) of this subsection. Such advice shall
include an explanatory statement as to the reasons or basis
therefor.
(2) Paragraph (1) of this subsection shall apply to an
application for a license to construct or operate a utilization or
production facility under section 2133 of this title: Provided,
however, That paragraph (1) shall not apply to an application for a
license to operate a utilization or production facility for which a
construction permit was issued under section 2133 of this title
unless the Commission determines such review is advisable on the
ground that significant changes in the licensee's activities or
proposed activities have occurred subsequent to the previous review
by the Attorney General and the Commission under this subsection in
connection with the construction permit for the facility.
(3) With respect to any Commission permit for the construction of
a utilization or production facility issued pursuant to subsection
(b) of section 2134 of this title prior to December 19, 1970, any
person who intervened or who sought by timely written notice to the
Commission to intervene in the construction permit proceeding for
the facility to obtain a determination of antitrust considerations
or to advance a jurisdictional basis for such determination shall
have the right, upon a written request to the Commission, to obtain
an antitrust review under this section of the application for an
operating license. Such written request shall be made within 25
days after the date of initial Commission publication in the
Federal Register of notice of the filing of an application for an
operating license for the facility or December 19, 1970, whichever
is later.
(4) Upon the request of the Attorney General, the Commission
shall furnish or cause to be furnished such information as the
Attorney General determines to be appropriate for the advice called
for in paragraph (1) of this subsection.
(5) Promptly upon receipt of the Attorney General's advice, the
Commission shall publish the advice in the Federal Register. Where
the Attorney General advises that there may be adverse antitrust
aspects and recommends that there be a hearing, the Attorney
General or his designee may participate as a party in the
proceedings thereafter held by the Commission on such licensing
matter in connection with the subject matter of his advice. The
Commission shall give due consideration to the advice received from
the Attorney General and to such evidence as may be provided during
the proceedings in connection with such subject matter, and shall
make a finding as to whether the activities under the license would
create or maintain a situation inconsistent with the antitrust laws
as specified in subsection (a) of this section.
(6) In the event the Commission's finding under paragraph (5) is
in the affirmative, the Commission shall also consider, in
determining whether the license should be issued or continued, such
other factors, including the need for power in the affected area,
as the Commission in its judgment deems necessary to protect the
public interest. On the basis of its findings, the Commission shall
have the authority to issue or continue a license as applied for,
to refuse to issue a license, to rescind a license or amend it, and
to issue a license with such conditions as it deems appropriate.
(7) The Commission, with the approval of the Attorney General,
may except from any of the requirements of this subsection such
classes or types of licenses as the Commission may determine would
not significantly affect the applicant's activities under the
antitrust laws as specified in subsection (a) of this section.
(8) With respect to any application for a construction permit on
file at the time of enactment into law of this subsection, which
permit would be for issuance under section 2133 of this title, and
with respect to any application for an operating license in
connection with which a written request for an antitrust review is
made as provided for in paragraph (3), the Commission, after
consultation with the Attorney General, may, upon determination
that such action is necessary in the public interest to avoid
unnecessary delay, establish by rule or order periods for
Commission notification and receipt of advice differing from those
set forth above and may issue a construction permit or operating
license in advance of consideration of and findings with respect to
the matters covered in this subsection: Provided, That any
construction permit or operating license so issued shall contain
such conditions as the Commission deems appropriate to assure that
any subsequent findings and orders of the Commission with respect
to such matters will be given full force and effect.
(9) Applicability. - This subsection does not apply to an
application for a license to construct or operate a utilization
facility or production facility under section 2133 or 2134(b) of
this title that is filed on or after August 8, 2005.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 105, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 938; amended Pub. L. 88-489, Sec. 14,
Aug. 26, 1964, 78 Stat. 606; Pub. L. 91-560, Sec. 6, Dec. 19, 1970,
84 Stat. 1473; renumbered title I, Pub. L. 102-486, title IX, Sec.
902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 107-273, div. C,
title IV, Sec. 14102(c)(2)(D), Nov. 2, 2002, 116 Stat. 1921; Pub.
L. 109-58, title VI, Sec. 625, Aug. 8, 2005, 119 Stat. 784.)
-REFTEXT-
REFERENCES IN TEXT
The act to protect trade and commerce against unlawful restraints
and monopolies, referred to in subsec. (a), is act July 2, 1890,
ch. 647, 26 Stat. 209, as amended, known as the Sherman Act, which
is classified to sections 1 to 7 of Title 15, Commerce and Trade.
For complete classification of this Act to the Code, see Short
Title note set out under section 1 of Title 15 and Tables.
Sections seventy-three to seventy-six, inclusive, of an act
entitled "An Act to reduce taxation, to provide revenue for the
Government, and for other purposes", referred to in subsec. (a),
are sections 73 to 76 of act Aug. 27, 1894, ch. 349, 28 Stat. 570,
as amended, known as the Wilson Tariff Act, which are classified to
sections 8 to 11, respectively, of Title 15. For complete
classification of this Act to the Code, see Short Title note set
out under section 8 of Title 15 and Tables.
"An Act to supplement existing laws against unlawful restraints
and monopolies, and for other purposes" approved October fifteen,
nineteen hundred and fourteen, referred to in subsec. (a), is act
Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as the
Clayton Act, which is classified generally to sections 12, 13, 14
to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of
Title 29, Labor. For further details and complete classification of
this Act to the Code, see References in Text note set out under
section 12 of Title 15 and Tables.
The act to create a Federal Trade Commission, to define its
powers and duties, and for other purposes, referred to in subsec.
(a), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended,
known as the Federal Trade Commission Act, which is classified
generally to subchapter I (Sec. 41 et seq.) of chapter 2 of Title
15. For complete classification of this Act to the Code, see
section 58 of Title 15 and Tables.
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1807(c) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
2005 - Subsec. (c)(9). Pub. L. 109-58 added par. (9).
2002 - Subsec. (a). Pub. L. 107-273 substituted "seventy-six" for
"seventy-seven".
1970 - Subsec. (c). Pub. L. 91-560 designated existing provisions
as pars. (1), (2), (4), and (5) and amended such provisions by
extending the time for the Attorney General to give advice from 90
to 180 days and provided for review of licenses once granted under
section 2133 of this title, and when the Attorney General
recommends that there be a hearing, authorized the Commission to
hold hearings and permit the Attorney General to appear as a party
and to make a finding as to whether the activities under the
license would be inconsistent with the antitrust laws, and in par.
(3), provided for a review of the permit issued under section
2134(b) of this title, and added pars. (6) to (8).
1964 - Subsec. (a). Pub. L. 88-489 struck out ", including the
provisions which vest title to all special nuclear material in the
United States," before "shall relieve any person".
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and
applicable only with respect to cases commenced on or after Nov. 2,
2002, see section 14103 of Pub. L. 107-273, set out as a note under
section 3 of Title 15, Commerce and Trade.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2136 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IX - ATOMIC ENERGY LICENSES
-HEAD-
Sec. 2136. Classes of facilities
-STATUTE-
The Commission may -
(a) group the facilities licensed either under section 2133 or
2134 of this title into classes which may include either
production or utilization facilities or both, upon the basis of
the similarity of operating and technical characteristics of the
facilities;
(b) define the various activities to be carried on at each such
class of facility; and
(c) designate the amounts of special nuclear material available
for use by each such facility.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 106, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 938; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2137 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IX - ATOMIC ENERGY LICENSES
-HEAD-
Sec. 2137. Operators' licenses
-STATUTE-
The Commission shall -
(a) prescribe uniform conditions for licensing individuals as
operators of any of the various classes of production and
utilization facilities licensed in this chapter;
(b) determine the qualifications of such individuals;
(c) issue licenses to such individuals in such form as the
Commission may prescribe; and
(d) suspend such licenses for violations of any provision of
this chapter or any rule or regulation issued thereunder whenever
the Commission deems such action desirable.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 107, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 939; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-MISC1-
TECHNICAL CAPABILITY OF LICENSEE PERSONNEL IMPROVEMENT PLAN; STUDY
OF LICENSE REQUIREMENT FOR PLANT MANAGERS AND SENIOR LICENSEE
OFFICERS; REPORT TO CONGRESS
Pub. L. 96-395, title III, Sec. 307, June 30, 1980, 94 Stat. 791,
provided that:
"(a) The Commission is authorized and directed to prepare a plan
for improving the technical capability of licensee personnel to
safely operate utilization facilities licensed under section 103 or
104b. of the Atomic Energy Act of 1954 [sections 2133 and 2134(b)
of this title]. In proposing such plan, the Commission shall
consider the feasibility of requiring standard mandatory training
programs for nuclear facility operators, including classroom study,
apprenticeships at the facility, and emergency simulator training.
Such plan shall include specific criteria for more intensive
training and retraining of operator personnel licensed under
section 107 of the Atomic Energy Act of 1954 [this section], and
for the licensing of such personnel, to assure -
"(1) conformity with all conditions and requirements of the
operating license;
"(2) early identification of accidents, events, or event
sequences which may significantly increase the likelihood of an
accident; and
"(3) effective response to any such event or sequence.
Such plan shall include provision for Commission review and
approval of the qualifications of personnel conducting any required
training and retraining program. The plan shall also include
requirements for the renewal of operator licenses including, to the
extent practicable, requirements that the operator -
"(A) has been actively and extensively engaged in the duties
listed in such license,
"(B) has discharged such duties safely to the satisfaction of
the Commission,
"(C) is capable of continuing such duties, and
"(D) has participated in a requalification training program.
Such plan shall include criteria for suspending or revoking
operator licenses. In addition, the Commission shall also consider
the feasibility of requiring such licensed operator to pass a
requalification test every six months including -
"(i) written questions, and
"(ii) emergency simulator exams.
The Commission shall transmit to the Congress the plan required by
this subsection within six months after the date of the enactment
of this Act [June 30, 1980], and shall implement as expeditiously
as practicable each element thereof not requiring legislative
enactment.
"(b) The Nuclear Regulatory Commission is authorized and directed
to undertake a study of the feasibility and value of licensing,
under section 107 of the Atomic Energy Act of 1954 [this section],
plant managers of utilization facilities and senior licensee
officers responsible for operation of such facilities. The
Commission shall report to the Congress within six months of the
date of enactment of this Act [June 30, 1980] on the findings and
recommendations of the study required by this subsection, and shall
expeditiously implement each such recommendation not requiring
legislative enactment."
-End-
-CITE-
42 USC Sec. 2138 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IX - ATOMIC ENERGY LICENSES
-HEAD-
Sec. 2138. Suspension of licenses during war or national emergency
-STATUTE-
Whenever the Congress declares that a state of war or national
emergency exists, the Commission is authorized to suspend any
licenses granted under this chapter if in its judgment such action
is necessary to the common defense and security. The Commission is
authorized during such period, if the Commission finds it necessary
to the common defense and security, to order the recapture of any
special nuclear material or to order the operation of any facility
licensed under section 2133 or 2134 of this title, and is
authorized to order the entry into any plant or facility in order
to recapture such material, or to operate such facility. Just
compensation shall be paid for any damages caused by the recapture
of any special nuclear material or by the operation of any such
facility.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 108, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 939; amended Pub. L. 86-373, Sec. 2,
Sept. 23, 1959, 73 Stat. 691; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1959 - Pub. L. 86-373 struck out "distributed under the
provisions of section 2073(a) of this title," before "or to order".
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2139 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IX - ATOMIC ENERGY LICENSES
-HEAD-
Sec. 2139. Component and other parts of facilities
-STATUTE-
(a) Licenses for domestic activities
With respect to those utilization and production facilities which
are so determined by the Commission pursuant to section 2014(v)(2)
or 2014(cc)(2) of this title the Commission may issue general
licenses for domestic activities required to be licensed under
section 2131 of this title, if the Commission determines in writing
that such general licensing will not constitute an unreasonable
risk to the common defense and security.
(b) Export licenses
After consulting with the Secretaries of State, Energy, and
Commerce, the Commission is authorized and directed to determine
which component parts as defined in section 2014(v)(2) or
2014(cc)(2) of this title and which other items or substances are
especially relevant from the standpoint of export control because
of their significance for nuclear explosive purposes. Except as
provided in section 2155(b)(2) of this title, no such component,
substance, or item which is so determined by the Commission shall
be exported unless the Commission issues a general or specific
license for its export after finding, based on a reasonable
judgment of the assurances provided and other information available
to the Federal Government, including the Commission, that the
following criteria or their equivalent are met: (1) IAEA safeguards
as required by Article III (2) of the Treaty will be applied with
respect to such component, substance, or item; (2) no such
component, substance, or item will be used for any nuclear
explosive device or for research on or development of any nuclear
explosive device; and (3) no such component, substance, or item
will be retransferred to the jurisdiction of any other nation or
group of nations unless the prior consent of the United States is
obtained for such retransfer; and after determining in writing that
the issuance of each such general or specific license or category
of licenses will not be inimical to the common defense and
security: Provided, That a specific license shall not be required
for an export pursuant to this section if the component, item or
substance is covered by a facility license issued pursuant to
section 2155 of this title.
(c) Exports inimical to common defense and security of United
States
The Commission shall not issue an export license under the
authority of subsection (b) of this section if it is advised by the
executive branch, in accordance with the procedures established
under section 2155(a) of this title, that the export would be
inimical to the common defense and security of the United States.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 109, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 939; amended Pub. L. 87-615, Sec. 9,
Aug. 29, 1962, 76 Stat. 411; Pub. L. 89-645, Sec. 1(b), Oct. 13,
1966, 80 Stat. 891; Pub. L. 95-242, title III, Sec. 309(a), Mar.
10, 1978, 92 Stat. 141; renumbered title I, Pub. L. 102-486, title
IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 105-277,
div. G, title XII, Sec. 1225(d)(2), Oct. 21, 1998, 112 Stat. 2681-
774.)
-MISC1-
AMENDMENTS
1998 - Subsec. (b). Pub. L. 105-277 struck out "and the Director"
after "Energy, and Commerce".
1978 - Subsec. (a). Pub. L. 95-242 designated existing provisions
as subsec. (a) and substituted "the Commission may issue general
licenses for domestic activities required to be licensed under
section 2131 of this title, if the Commission determines in writing
that such general licensing will not constitute an unreasonable
risk to the common defense and security" for "the Commission may
(a) issue general licenses for activities required to be licensed
under section 2131 of this title, if the Commission determines in
writing that such general licensing will not constitute an
unreasonable risk to the common defense and security, and (b) issue
licenses for the export of such facilities, if the Commission
determines in writing that each export will not constitute an
unreasonable risk to the common defense and security".
Subsecs. (b), (c). Pub. L. 95-242 added subsecs. (b) and (c).
1966 - Pub. L. 89-645 substituted "section 2014(v)(2) or 2014
(cc)(2)" for "section 2014(t)(2) or 2014(aa)(2)".
1962 - Pub. L. 87-615 substituted "section 2014(t)(2) or
2014(aa)(2)" for "section 2014(p)(2) or 2014(v)(2)".
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
1999, or date of abolition of the United States Arms Control and
Disarmament Agency pursuant to reorganization plan described in
section 6601 of Title 22, Foreign Relations and Intercourse, see
section 1201 of Pub. L. 105-277, set out as an Effective Date note
under section 6511 of Title 22.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as
otherwise provided and regardless of any requirement for the
promulgation of implementing regulations, see section 603(c) of
Pub. L. 95-242, set out as an Effective Date note under section
3201 of Title 22, Foreign Relations and Intercourse.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-MISC2-
EXPORTS CONTRACTED FOR PRIOR TO NOV. 1, 1977, MADE WITHIN ONE YEAR
OF MAR. 10, 1978; SAVINGS PROVISION
Section 309(d) of Pub. L. 95-242 provided that: "The amendments
to section 109 of the 1954 Act [this section] made by this section
shall not affect the approval of exports contracted for prior to
November 1, 1977, which are made within one year of the date of
enactment of such amendments [Mar. 10, 1978]."
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under this chapter, as amended by
the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
1978, 92 Stat. 120, not to be delayed pending development of
procedures even though as many as 120 days [after Mar. 10, 1978]
are allowed for establishing those procedures, see section 5(b) of
Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
section 3201 of Title 22, Foreign Relations and Intercourse.
-End-
-CITE-
42 USC Sec. 2139a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IX - ATOMIC ENERGY LICENSES
-HEAD-
Sec. 2139a. Regulations implementing requirements relating to
licensing for components and other parts of facilities
-STATUTE-
(a) Omitted
(b) The Commission, not later than one hundred and twenty days
after March 10, 1978, shall publish regulations to implement the
provisions of subsections (b) and (c) of section 2139 of this
title. Among other things, these regulations shall provide for the
prior consultation by the Commission with the Department of State,
the Department of Energy, the Department of Defense, and the
Department of Commerce.
(c) The President, within not more than one hundred and twenty
days after March 10, 1978, shall publish procedures regarding the
control by the Department of Commerce over all export items, other
than those licensed by the Commission, which could be, if used for
purposes other than those for which the export is intended, of
significance for nuclear explosive purposes. Among other things,
these procedures shall provide for prior consultations by the
Department of Commerce with the Department of State, the
Commission, the Department of Energy, and the Department of
Defense.
-SOURCE-
(Pub. L. 95-242, title III, Sec. 309(b), (c), Mar. 10, 1978, 92
Stat. 141; Pub. L. 103-236, title VII, Sec. 714(b), Apr. 30, 1994,
108 Stat. 498; Pub. L. 105-277, div. G, title XII, Sec. 1225(e)(4),
Oct. 21, 1998, 112 Stat. 2681-775.)
-REFTEXT-
REFERENCES IN TEXT
Commission, referred to in text, is defined as meaning the
Nuclear Regulatory Commission by section 4(a)(1) of the Nuclear Non-
Proliferation Act of 1978, Pub. L. 95-242, which is classified to
section 3203(a)(1) of Title 22, Foreign Relations and Intercourse.
-COD-
CODIFICATION
Section was enacted as part of the Nuclear Non-Proliferation Act
of 1978, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
Section is based on subsecs. (b) and (c) of Pub. L. 95-242.
Subsec. (a) of Pub. L. 95-242 amended section 2139 of this title,
and subsec. (d) is set out as a note under section 2139 of this
title.
-MISC1-
AMENDMENTS
1998 - Subsec. (b). Pub. L. 105-277, Sec. 1225(e)(4)(A),
substituted "and the Department of Commerce" for "the Department of
Commerce, and the Arms Control and Disarmament Agency".
Subsec. (c). Pub. L. 105-277, Sec. 1225(e)(4)(B), struck out "the
Arms Control and Disarmament Agency," after "Department of State,".
1994 - Subsec. (c). Pub. L. 103-236 struck out ", as required,"
after "prior consultations" in last sentence.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
1999, or date of abolition of the United States Arms Control and
Disarmament Agency pursuant to reorganization plan described in
section 6601 of Title 22, Foreign Relations and Intercourse, see
section 1201 of Pub. L. 105-277, set out as an Effective Date note
under section 6511 of Title 22.
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
-TRANS-
DELEGATION OF FUNCTIONS
Secretary of Commerce to be responsible for performing function
vested in President by subsec. (c) of this section, see section 3
of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
section 3201 of Title 22, Foreign Relations and Intercourse.
-MISC2-
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under the Nuclear Non-Proliferation
Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, not to be
delayed pending development of procedures even though as many as
120 days [after Mar. 10, 1978] are allowed for establishing those
procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978,
43 F.R. 20947, set out under section 3201 of Title 22, Foreign
Relations and Intercourse.
-End-
-CITE-
42 USC Sec. 2140 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IX - ATOMIC ENERGY LICENSES
-HEAD-
Sec. 2140. Exclusions from license requirement
-STATUTE-
Nothing in this subchapter shall be deemed -
(a) to require a license for (1) the processing, fabricating,
or refining of special nuclear material, or the separation of
special nuclear material, or the separation of special nuclear
material from other substances, under contract with and for the
account of the Commission; or (2) the construction or operation
of facilities under contract with and for the account of the
Commission; or
(b) to require a license for the manufacture, production, or
acquisition by the Department of Defense of any utilization
facility authorized pursuant to section 2121 of this title, or
for the use of such facility by the Department of Defense or a
contractor thereof.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 110, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 939; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2141 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER IX - ATOMIC ENERGY LICENSES
-HEAD-
Sec. 2141. Licensing by Nuclear Regulatory Commission of
distribution of special nuclear material, source material, and
byproduct material by Department of Energy
-STATUTE-
(a) The Nuclear Regulatory Commission is authorized to license
the distribution of special nuclear material, source material, and
byproduct material by the Department of Energy pursuant to section
2074, 2094, and 2112 of this title, respectively, in accordance
with the same procedures established by law for the export
licensing of such material by any person: Provided, That nothing in
this section shall require the licensing of the distribution of
byproduct material by the Department of Energy under section 2112
of this title.
(b) The Department of Energy shall not distribute any special
nuclear material or source material under section 2074 or 2094 of
this title other than under an export license issued by the Nuclear
Regulatory Commission until (1) the Department has obtained the
concurrence of the Department of State and has consulted with the
Nuclear Regulatory Commission and the Department of Defense under
mutually agreed procedures which shall be established within not
more than ninety days after March 10, 1978, and (2) the Department
finds based on a reasonable judgment of the assurances provided and
the information available to the United States Government, that the
criteria in section 2156 of this title or their equivalent and any
applicable criteria in section 2157 of this title are met, and that
the proposed distribution would not be inimical to the common
defense and security.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 111, as added Pub. L. 95-242,
title III, Sec. 301(c), Mar. 10, 1978, 92 Stat. 125; renumbered
title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
106 Stat. 2944; amended Pub. L. 105-277, div. G, title XII, Sec.
1225(d)(3), Oct. 21, 1998, 112 Stat. 2681-774.)
-MISC1-
AMENDMENTS
1998 - Subsec. (b). Pub. L. 105-277 substituted "the Nuclear
Regulatory Commission" for "the Arms Control and Disarmament
Agency, the Nuclear Regulatory Commission,".
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
1999, or date of abolition of the United States Arms Control and
Disarmament Agency pursuant to reorganization plan described in
section 6601 of Title 22, Foreign Relations and Intercourse, see
section 1201 of Pub. L. 105-277, set out as an Effective Date note
under section 6511 of Title 22.
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of certain functions from Nuclear Regulatory
Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45
F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of
this title.
-MISC2-
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under this chapter, as amended by
the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
1978, 92 Stat. 120, not to be delayed pending development of
procedures even though as many as 120 days [after Mar. 10, 1978]
are allowed for establishing those procedures, see section 5(b) of
Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
section 3201 of Title 22, Foreign Relations and Intercourse.
-End-
-CITE-
42 USC SUBCHAPTER X - INTERNATIONAL ACTIVITIES 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-End-
-CITE-
42 USC Sec. 2151 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2151. Effect of international arrangements
-STATUTE-
Any provision of this chapter or any action of the Commission to
the extent and during the time that it conflicts with the
provisions of any international arrangements made after August 30,
1954 shall be deemed to be of no force or effect.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 121, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 939; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1808(a) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2152 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2152. Policies contained in international arrangements
-STATUTE-
In the performance of its functions under this chapter, the
Commission shall give maximum effect to the policies contained in
any international arrangement made after August 30, 1954.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 122, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 939; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1808(c) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2153 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2153. Cooperation with other nations
-STATUTE-
No cooperation with any nation, group of nations or regional
defense organization pursuant to sections 2073, 2074(a), 2077,
2094, 2112, 2121, 2133, 2134, or 2164 of this title shall be
undertaken until -
(a) Terms, conditions, duration, nature, scope, and other
requirements of proposed agreements for cooperation;
Presidential exemptions; negotiations; Nuclear Proliferation
Assessment Statement
the proposed agreement for cooperation has been submitted to
the President, which proposed agreement shall include the terms,
conditions, duration, nature, and scope of the cooperation; and
shall include the following requirements:
(1) a guaranty by the cooperating party that safeguards as
set forth in the agreement for cooperation will be maintained
with respect to all nuclear materials and equipment transferred
pursuant thereto, and with respect to all special nuclear
material used in or produced through the use of such nuclear
materials and equipment, so long as the material or equipment
remains under the jurisdiction or control of the cooperating
party, irrespective of the duration of other provisions in the
agreement or whether the agreement is terminated or suspended
for any reason;
(2) in the case of non-nuclear-weapon states, a requirement,
as a condition of continued United States nuclear supply under
the agreement for cooperation, that IAEA safeguards be
maintained with respect to all nuclear materials in all
peaceful nuclear activities within the territory of such state,
under its jurisdiction, or carried out under its control
anywhere;
(3) except in the case of those agreements for cooperation
arranged pursuant to section 2121(c) of this title, a guaranty
by the cooperating party that no nuclear materials and
equipment or sensitive nuclear technology to be transferred
pursuant to such agreement, and no special nuclear material
produced through the use of any nuclear materials and equipment
or sensitive nuclear technology transferred pursuant to such
agreement, will be used for any nuclear explosive device, or
for research on or development of any nuclear explosive device,
or for any other military purpose;
(4) except in the case of those agreements for cooperation
arranged pursuant to section 2121(c) of this title and
agreements for cooperation with nuclear-weapon states, a
stipulation that the United States shall have the right to
require the return of any nuclear materials and equipment
transferred pursuant thereto and any special nuclear material
produced through the use thereof if the cooperating party
detonates a nuclear explosive device or terminates or abrogates
an agreement providing for IAEA safeguards;
(5) a guaranty by the cooperating party that any material or
any Restricted Data transferred pursuant to the agreement for
cooperation and, except in the case of agreements arranged
pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of
this title, any production or utilization facility transferred
pursuant to the agreement for cooperation or any special
nuclear material produced through the use of any such facility
or through the use of any material transferred pursuant to the
agreement, will not be transferred to unauthorized persons or
beyond the jurisdiction or control of the cooperating party
without the consent of the United States;
(6) a guaranty by the cooperating party that adequate
physical security will be maintained with respect to any
nuclear material transferred pursuant to such agreement and
with respect to any special nuclear material used in or
produced through the use of any material, production facility,
or utilization facility transferred pursuant to such agreement;
(7) except in the case of agreements for cooperation arranged
pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of
this title, a guaranty by the cooperating party that no
material transferred pursuant to the agreement for cooperation
and no material used in or produced through the use of any
material, production facility, or utilization facility
transferred pursuant to the agreement for cooperation will be
reprocessed, enriched or (in the case of plutonium, uranium
233, or uranium enriched to greater than twenty percent in the
isotope 235, or other nuclear materials which have been
irradiated) otherwise altered in form or content without the
prior approval of the United States;
(8) except in the case of agreements for cooperation arranged
pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of
this title, a guaranty by the cooperating party that no
plutonium, no uranium 233, and no uranium enriched to greater
than twenty percent in the isotope 235, transferred pursuant to
the agreement for cooperation, or recovered from any source or
special nuclear material so transferred or from any source or
special nuclear material used in any production facility or
utilization facility transferred pursuant to the agreement for
cooperation, will be stored in any facility that has not been
approved in advance by the United States; and
(9) except in the case of agreements for cooperation arranged
pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of
this title, a guaranty by the cooperating party that any
special nuclear material, production facility, or utilization
facility produced or constructed under the jurisdiction of the
cooperating party by or through the use of any sensitive
nuclear technology transferred pursuant to such agreement for
cooperation will be subject to all the requirements specified
in this subsection.
The President may exempt a proposed agreement for cooperation
(except an agreement arranged pursuant to section 2121(c),
2164(b), 2164(c), or 2164(d) of this title) from any of the
requirements of the foregoing sentence if he determines that
inclusion of any such requirement would be seriously prejudicial
to the achievement of United States non-proliferation objectives
or otherwise jeopardize the common defense and security. Except
in the case of those agreements for cooperation arranged pursuant
to section 2121(c), 2164(b), 2164(c), or 2164(d) of this title,
any proposed agreement for cooperation shall be negotiated by the
Secretary of State, with the technical assistance and concurrence
of the Secretary of Energy; and after consultation with the
Commission shall be submitted to the President jointly by the
Secretary of State and the Secretary of Energy accompanied by the
views and recommendations of the Secretary of State, the
Secretary of Energy, and the Nuclear Regulatory Commission. The
Secretary of State shall also provide to the President an
unclassified Nuclear Proliferation Assessment Statement (A) which
shall analyze the consistency of the text of the proposed
agreement for cooperation with all the requirements of this
chapter, with specific attention to whether the proposed
agreement is consistent with each of the criteria set forth in
this subsection, and (B) regarding the adequacy of the safeguards
and other control mechanisms and the peaceful use assurances
contained in the agreement for cooperation to ensure that any
assistance furnished thereunder will not be used to further any
military or nuclear explosive purpose. Each Nuclear Proliferation
Assessment Statement prepared pursuant to this chapter shall be
accompanied by a classified annex, prepared in consultation with
the Director of Central Intelligence, summarizing relevant
classified information. In the case of those agreements for
cooperation arranged pursuant to section 2121(c), 2164(b),
2164(c), or 2164(d) of this title, any proposed agreement for
cooperation shall be submitted to the President by the Secretary
of Energy or, in the case of those agreements for cooperation
arranged pursuant to section 2121(c), 2164(b), or 2164(d) of this
title which are to be implemented by the Department of Defense,
by the Secretary of Defense;
(b) Presidential approval and authorization for execution of
proposed agreements for cooperation
the President has submitted text of the proposed agreement for
cooperation (except an agreement arranged pursuant to section
2121(c), 2164(b), 2164(c), or 2164(d) of this title), together
with the accompanying unclassified Nuclear Proliferation
Assessment Statement, to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House of
Representatives, the President has consulted with such Committees
for a period of not less than thirty days of continuous session
(as defined in section 2159(g) of this title) concerning the
consistency of the terms of the proposed agreement with all the
requirements of this chapter, and the President has approved and
authorized the execution of the proposed agreement for
cooperation and has made a determination in writing that the
performance of the proposed agreement will promote, and will not
constitute an unreasonable risk to, the common defense and
security;
(c) Submittal of proposed agreements for cooperation to
Congressional committees
the proposed agreement for cooperation (if not an agreement
subject to subsection (d) of this section), together with the
approval and determination of the President, has been submitted
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate for a period of thirty days of continuous session (as
defined in section 2159(g) of this title): Provided, however,
That these committees, after having received such agreement for
cooperation, may by resolution in writing waive the conditions of
all or any portion of such thirty-day period; and
(d) Congressional action
the proposed agreement for cooperation (if arranged pursuant to
section 2121(c), 2164(b), 2164(c), or 2164(d) of this title, or
if entailing implementation of section 2073, 2074(a), 2133, or
2134 of this title in relation to a reactor that may be capable
of producing more than five thermal megawatts or special nuclear
material for use in connection therewith) has been submitted to
the Congress, together with the approval and determination of the
President, for a period of sixty days of continuous session (as
defined in section 2159(g) of this title) and referred to the
Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate, and in
addition, in the case of a proposed agreement for cooperation
arranged pursuant to section 2121(c), 2164(b), 2164(c), or
2164(d) of this title, the Committee on Armed Services of the
House of Representatives and the Committee on Armed Services of
the Senate, but such proposed agreement for cooperation shall not
become effective if during such sixty-day period the Congress
adopts, and there is enacted, a joint resolution stating in
substance that the Congress does not favor the proposed agreement
for cooperation: Provided, That the sixty-day period shall not
begin until a Nuclear Proliferation Assessment Statement prepared
by the Secretary of State, and any annexes thereto, when required
by subsection (a) of this section, have been submitted to the
Congress: Provided further, That an agreement for cooperation
exempted by the President pursuant to subsection (a) of this
section from any requirement contained in that subsection shall
not become effective unless the Congress adopts, and there is
enacted, a joint resolution stating that the Congress does favor
such agreement. During the sixty-day period the Committee on
Foreign Affairs of the House of Representatives and the Committee
on Foreign Relations of the Senate shall each hold hearings on
the proposed agreement for cooperation and submit a report to
their respective bodies recommending whether it should be
approved or disapproved. Any such proposed agreement for
cooperation shall be considered pursuant to the procedures set
forth in section 2159(i) of this title.
Following submission of a proposed agreement for cooperation
(except an agreement for cooperation arranged pursuant to section
2121(c), 2164(b), 2164(c), or 2164(d) of this title) to the
Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate, the Nuclear
Regulatory Commission, the Department of State, the Department of
Energy, and the Department of Defense shall, upon the request of
either of those committees, promptly furnish to those committees
their views as to whether the safeguards and other controls
contained therein provide an adequate framework to ensure that any
exports as contemplated by such agreement will not be inimical to
or constitute an unreasonable risk to the common defense and
security.
If, after March 10, 1978, the Congress fails to disapprove a
proposed agreement for cooperation which exempts the recipient
nation from the requirement set forth in subsection (a)(2) of this
section, such failure to act shall constitute a failure to adopt a
resolution of disapproval pursuant to section 2157(b)(3) of this
title for purposes of the Commission's consideration of
applications and requests under section 2155(a)(2) of this title
and there shall be no congressional review pursuant to section 2157
of this title of any subsequent license or authorization with
respect to that state until the first such license or authorization
which is issued after twelve months from the elapse of the sixty-
day period in which the agreement for cooperation in question is
reviewed by the Congress.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 123, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 940; amended Pub. L. 85-479, Secs. 3, 4,
July 2, 1958, 72 Stat. 277; Pub. L. 85-681, Sec. 4, Aug. 19, 1958,
72 Stat. 632; Pub. L. 88-489, Sec. 15, Aug. 26, 1964, 78 Stat. 606;
Pub. L. 93-377, Sec. 5, Aug. 17, 1974, 88 Stat. 475; Pub. L. 93-
485, Sec. 1, Oct. 26, 1974, 88 Stat. 1460; Pub. L. 95-242, title
IV, Sec. 401, Mar. 10, 1978, 92 Stat. 142; Pub. L. 99-64, title
III, Sec. 301(a), (b), July 12, 1985, 99 Stat. 159, 160; renumbered
title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
106 Stat. 2944; Pub. L. 103-337, div. C, title XXXI, Sec.
3155(c)(1), Oct. 5, 1994, 108 Stat. 3092; Pub. L. 103-437, Sec.
15(f)(5), Nov. 2, 1994, 108 Stat. 4592; Pub. L. 104-106, div. A,
title XV, Sec. 1505(g), Feb. 10, 1996, 110 Stat. 515; Pub. L. 105-
277, div. G, title XII, Sec. 1225(d)(4), Oct. 21, 1998, 112 Stat.
2681-774.)
-MISC1-
AMENDMENTS
1998 - Pub. L. 105-277, Sec. 1225(d)(4)(C), in first undesignated
paragraph of concluding provisions, struck out "the Arms Control
and Disarmament Agency," after "Department of Energy,".
Subsec. (a). Pub. L. 105-277, Sec. 1225(d)(4)(A), in concluding
provisions, struck out "and in consultation with the Director of
the Arms Control and Disarmament Agency ('the Director')" before ";
and after consultation", inserted "and" after "Secretary of
Energy,", substituted "Commission. The Secretary of State" for
"Commission, and the Director, who", and inserted "Each Nuclear
Proliferation Assessment Statement prepared pursuant to this
chapter shall be accompanied by a classified annex, prepared in
consultation with the Director of Central Intelligence, summarizing
relevant classified information." after "nuclear explosive
purpose."
Subsec. (d). Pub. L. 105-277, Sec. 1225(d)(4)(B), in first
proviso, substituted "Nuclear Proliferation Assessment Statement
prepared by the Secretary of State, and any annexes thereto," for
"Nuclear Proliferation Assessment Statement prepared by the
Director of the Arms Control and Disarmament Agency," and
substituted "have been" for "has been".
1996 - Subsec. (a). Pub. L. 104-106 substituted ", 2164(b), or
2164(d)" for "2164(b), or 2164(d)" in concluding provisions.
1994 - Pub. L. 103-437 substituted "Foreign Affairs" for
"International Relations" in penultimate paragraph.
Pub. L. 103-337, Sec. 3155(c)(1)(A), substituted "2164(c), or
2164(d)" for "or 2164(c)" in penultimate paragraph.
Subsec. (a). Pub. L. 103-337, Sec. 3155(c)(1)(B), substituted
"2164(b), or 2164(d)" for "or 2164(b)" in provisions following par.
(9).
Pub. L. 103-337, Sec. 3155(c)(1)(A), substituted "2164(c), or
2164(d)" for "or 2164(c)" wherever appearing.
Subsec. (b). Pub. L. 103-437 substituted "Foreign Affairs" for
"International Relations".
Pub. L. 103-337, Sec. 3155(c)(1)(C), inserted "(except an
agreement arranged pursuant to section 2121(c), 2164(b), 2164(c),
or 2164(d) of this title)" after "the President has submitted text
of the proposed agreement for cooperation".
Subsec. (c). Pub. L. 103-437 substituted "Foreign Affairs" for
"International Relations".
Subsec. (d). Pub. L. 103-437 substituted "Foreign Affairs" for
"International Relations" in two places.
Pub. L. 103-337, Sec. 3155(c)(1)(A), substituted "2164(c), or
2164(d)" for "or 2164(c)" in two places.
1985 - Subsec. (a). Pub. L. 99-64, Sec. 301(a)(1), in provisions
following par. (9) inserted "(A) which shall analyze the
consistency of the text of the proposed agreement for cooperation
with all the requirements of this chapter, with specific attention
to whether the proposed agreement is consistent with each of the
criteria set forth in this subsection, and (B)" after "Assessment
Statement".
Subsec. (b). Pub. L. 99-64, Sec. 301(a)(2), inserted "the
President has submitted text of the proposed agreement for
cooperation, together with the accompanying unclassified Nuclear
Proliferation Assessment Statement, to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives, the President has consulted with such
Committees for a period of not less than thirty days of continuous
session (as defined in section 2159(g) of this title) concerning
the consistency of the terms of the proposed agreement with all the
requirements of this chapter, and".
Subsec. (d). Pub. L. 99-64, Sec. 301(a)(3), (b), substituted
"adopts, and there is enacted, a joint resolution" for "adopts a
concurrent resolution", inserted a further proviso directing that
an agreement for cooperation exempted by the President pursuant to
subsection (a) of this section from any requirement contained in
that subsection shall not become effective unless the Congress
adopts, and there is enacted, a joint resolution stating that the
Congress does favor such agreement, inserted sentence directing
that during the sixty-day period the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign
Relations of the Senate shall each hold hearings on the proposed
agreement for cooperation and submit a report to their respective
bodies recommending whether it should be approved or disapproved,
and substituted "section 2159(i) of this title" for "section 2159
of this title for the consideration of Presidential submissions".
1978 - Subsec. (a). Pub. L. 95-242 amended and carried forward
into pars. (3), (5), and (6) the existing provisions relating to
the terms and conditions required for inclusion in all new
agreements for cooperation, inserted new terms and conditions set
out in pars. (1), (2), (4), (7), (8), and (9), inserted provisions
empowering the President to exempt proposed agreements from any of
the requirements if he determines that inclusion of the requirement
would be seriously prejudicial to the achievement of United States
nonproliferation objectives or jeopardize the common defense and
security for any other reason, provided for Congressional rejection
of any such Presidential exemption, and provided that agreements be
negotiated by the Department of State, with an exception for
defense related agreements.
Subsec. (b). Pub. L. 95-242 reenacted existing provisions with
only minor changes in punctuation.
Subsec. (c). Pub. L. 95-242 inserted "(if not an agreement
subject to subsection (d) of this section)" after "the proposed
agreement for cooperation", substituted "submitted to the Committee
on International Relations of the House of Representatives and the
Committee on Foreign Relations for a period of thirty days of
continuous session (as defined in section 2159(g) of this title)"
for "submitted to the Joint Committee and a period of thirty days
has elapsed while Congress is in session (in computing such thirty
days, there shall be excluded the days on which either House is not
in session because of the adjournment of more than three days)",
and substituted reference to "these committees" for reference to
"the Joint Committee" in proviso.
Subsec. (d). Pub. L. 95-242 provided that proposed agreements be
laid before the Committees on International Relations and Foreign
Relations rather than the Joint Committee on Atomic Energy and that
for major agreements the Nuclear Proliferation Assessment
Statement, if any, prepared in conjunction with the President's
review of the proposed agreement, also be submitted to the
committees, and added unlettered paragraphs following subsec. (d)
relating to the submission of agency views to Congressional
committees and the failure of the Congress to act on agreements
which exempt the recipient nation from the requirements of subsec.
(a)(2).
1974 - Pub. L. 93-377 substituted reference to section 2074(a) of
this title for reference to section 2074 of this title in opening
par.
Subsec. (d). Pub. L. 93-485 inserted reference to proposed
agreements entailing implementation of sections 2073, 2074, 2133,
or 2134 of this title, or in relation to reactors capable of
producing more than five thermal megawatts or special nuclear
material in connection therewith, inserted provision requiring the
Joint Committee to submit a report to Congress of its views and
recommendations respecting the proposed agreement and an
accompanying proposed concurrent resolution favoring or otherwise
of such agreement within the first thirty days of the sixty day
period and providing that such concurrent resolution so reported
shall become the pending business of the House in question within
twenty-five days and shall be voted on within five days thereafter
unless such House determined otherwise, and struck out the proviso
that during the 85th Congress the waiting period shall be thirty
days.
1964 - Pub. L. 88-489 inserted reference to section 2073 in
opening par.
1958 - Pub. L. 85-479, Sec. 3, inserted reference to section 2121
in opening par.
Subsec. (a). Pub. L. 85-479, Sec. 3, included agreements for
cooperation arranged pursuant to section 2121(c) of this title, and
inserted in cl. (3) the exception in the case of agreements
arranged pursuant to section 2121(c) of this title.
Subsec. (c). Pub. L. 85-681 inserted proviso clause relating to
waiver waiting period.
Subsec. (d). Pub. L. 85-479, Sec. 4, added subsec. (d).
-CHANGE-
CHANGE OF NAME
Reference to the Director of Central Intelligence or the Director
of the Central Intelligence Agency in the Director's capacity as
the head of the intelligence community deemed to be a reference to
the Director of National Intelligence. Reference to the Director of
Central Intelligence or the Director of the Central Intelligence
Agency in the Director's capacity as the head of the Central
Intelligence Agency deemed to be a reference to the Director of the
Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
108-458, set out as a note under section 401 of Title 50, War and
National Defense.
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-MISC2-
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
1999, or date of abolition of the United States Arms Control and
Disarmament Agency pursuant to reorganization plan described in
section 6601 of Title 22, Foreign Relations and Intercourse, see
section 1201 of Pub. L. 105-277, set out as an Effective Date note
under section 6511 of Title 22.
EFFECTIVE DATE OF 1985 AMENDMENT
Section 301(d) of Pub. L. 99-64 provided that: "The amendments
made by this section [amending this section and section 2159 of
this title] shall apply to any agreement for cooperation which is
entered into after the date of the enactment of this Act [July 12,
1985]."
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as
otherwise provided and regardless of any requirement for the
promulgation of implementing regulations, see section 603(c) of
Pub. L. 95-242, set out as an Effective Date note under section
3201 of Title 22, Foreign Relations and Intercourse.
EFFECTIVE DATE OF 1974 AMENDMENT
Section 2 of Pub. L. 93-485 provided that: "This Act [amending
this section] shall apply to proposed agreements for cooperation
and to proposed amendments to agreements for cooperation hereafter
[Oct. 26, 1974] submitted to the Congress."
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-MISC3-
APPLICABILITY OF NOTICE AND WAIT PROVISIONS
Section 3155(b) of Pub. L. 103-337, as amended by Pub. L. 104-
201, div. C, title XXXI, Sec. 3160, Sept. 23, 1996, 110 Stat.
2843; Pub. L. 107-314, div. D, title XLV, Sec. 4501(b), formerly
Pub. L. 104-106, div. C, title XXXI, Sec. 3154(b), Feb. 10, 1996,
110 Stat. 624, renumbered Sec. 4501(b) of Pub. L. 107-314 by Pub.
L. 108-136, div. C, title XXXI, Sec. 3141(h)(2)(A)-(C), Nov. 24,
2003, 117 Stat. 1771, provided that: "Section 123 d. of the Atomic
Energy Act of 1954 (42 U.S.C. 2153(d)), as amended by subsection
(c), shall not apply to a proposed agreement for cooperation under
section 144 d. of such Act [42 U.S.C. 2164(d)], as inserted by
subsection (a), until October 1, 1997."
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under this chapter, as amended by
the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
1978, 92 Stat. 120, not to be delayed pending development of
procedures even though as many as 120 days [after Mar. 10, 1978]
are allowed for establishing those procedures, see section 5(b) of
Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
section 3201 of Title 22, Foreign Relations and Intercourse.
FUEL CYCLE EVALUATIONS; REPORT TO CONGRESS
Pub. L. 95-601, Sec. 9, Nov. 6, 1978, 92 Stat. 2951, directed
Commission to monitor and assist, as requested, International Fuel
Cycle Evaluation and studies and evaluations of various nuclear
fuel cycle systems by Department of Energy in progress as of Nov.
6, 1978, and report to Congress semiannually through calendar year
1980 and annually through calendar year 1982 on status of domestic
and international evaluations of nuclear fuel cycle systems, with
report to include a summary of information developed by and
available to Commission on health, safety, and safeguards
implications of leading fuel cycle technologies.
ADEQUACY OF LAWS AND REGULATIONS GOVERNING EXPORT AND RE-EXPORT OF
NUCLEAR MATERIALS, ETC., AND SAFEGUARDS PREVENTING PROLIFERATION OF
NUCLEAR MATERIALS
Pub. L. 93-500, Sec. 14, Oct. 29, 1974, 88 Stat. 1557, directed
President to review and report to Congress within six months after
Oct. 29, 1974, on all laws and pertinent regulations issued
thereunder, governing the export and re-export of nuclear materials
and information relating to the design and development thereof, in
order to curb further domestic and international nuclear
proliferation, diversion, or theft of nuclear materials.
COOPERATION WITH BERLIN
Act Aug. 1, 1946, ch. 724, title I, Sec. 125, as added by Apr.
12, 1957, Pub. L. 85-14, 71 Stat. 11; amended by Aug. 17, 1974,
Pub. L. 93-377, Sec. 5, 88 Stat. 475; renumbered title I, Oct. 24,
1992, Pub. L. 102-486, title IX, Sec. 902(a)(8), 106 Stat. 2944,
provided that the President could authorize the Commission to enter
into agreements for cooperation with the Federal Republic of
Germany in accordance with this section, on behalf of Berlin, which
for the purposes of this chapter comprised those areas over which
the Berlin Senate exercised jurisdiction (the United States,
British, and French sectors) and the Commission could thereafter
cooperate with Berlin pursuant to section 2074(a), 2077, 2094,
2112, 2133, or 2134 of this title, with provision that the
guaranties required by this section were to be made by Berlin with
the approval of the allied commandants.
-EXEC-
EX. ORD. NO. 10841. INTERNATIONAL COOPERATION
Ex. Ord. No. 10841, eff. Sept. 30, 1959, 24 F.R. 7941, as amended
by Ex. Ord. No. 10956, eff. Aug. 10, 1961, 26 F.R. 7315; Ex. Ord.
No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
Section 1. Whenever the President, pursuant to section 123 of the
Act [this section], has approved and authorized the execution of a
proposed agreement providing for cooperation pursuant to section
91c, 144a, 144b, or 144c of the Act [sections 2121(c), 2164(a),
2164(b), 2164 (c) of this title], such approval and authorization
by the President shall constitute his authorization to cooperate to
the extent provided for in the agreement and in the manner provided
for in section 91c, 144a, 144b, or 144c [sections 2121(c), 2164(a),
2164(b), or 2164(c) of this title], as pertinent. In respect of
sections 91c, 144b, and 144c [sections 2121(c), 2164(b), and
2164(c) of this title], authorizations by the President to
cooperate shall be subject to the requirements of sections 123d of
the Act [subsec. (d) of this section] and shall also be subject to
appropriate determinations made pursuant to section 2 of this
order.
Sec. 2. (a) The Secretary of Defense and the Secretary of Energy
are hereby designated and empowered to exercise jointly, after
consultation with executive agencies as may be appropriate, the
following-described authority without the approval, ratification,
or other action of the President:
(1) The authority vested in the President by section 91c of the
Act [section 2121(c) of this title] to determine that the proposed
cooperation and each proposed transfer arrangement referred to in
that section will promote and will not constitute an unreasonable
risk to the common defense and security.
(2) The authority vested in the President by section 144b of the
Act [section 2164(b) of this title] to determine that the proposed
cooperation and the proposed communication of Restricted Data
referred to in that section will promote and will not constitute an
unreasonable risk to the common defense and security: Provided,
That each determination made under this paragraph shall be referred
to the President and, unless disapproved by him, shall become
effective fifteen days after such referral or at such later time as
may be specified in the determination.
(3) The authority vested in the President by section 144c of the
Act [section 2164(c) of this title] to determine that the proposed
cooperation and the communication of the proposed Restricted Data
referred to in that section will promote and will not constitute an
unreasonable risk to the common defense and security.
(b) Whenever the Secretary of Defense and the Secretary of Energy
are unable to agree upon a joint determination under the provisions
of subsection (a) of this section, the recommendations of each of
them, together with the recommendations of other agencies
concerned, shall be referred to the President, and the
determination shall be made by the President.
Sec. 3. This order shall not be construed as delegating the
function vested in the President by section 91c of the Act [section
2121(c) of this title] of approving programs proposed under that
section.
Sec. 4. (a) The functions of negotiating and entering into
international agreements under the Act [this chapter] shall be
performed by or under the authority of the Secretary of State.
(b) International cooperation under the Act [this chapter] shall
be subject to the responsibilities of the Secretary of State with
respect to the foreign policy of the United States pertinent
thereto.
-End-
-CITE-
42 USC Sec. 2153a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2153a. Approval for enrichment after export of source or
special nuclear material; export of major critical components of
enrichment facilities
-STATUTE-
(a) Except as specifically provided in any agreement for
cooperation, no source or special nuclear material hereafter
exported from the United States may be enriched after export
without the prior approval of the United States for such
enrichment: Provided, That the procedures governing such approvals
shall be identical to those set forth for the approval of proposed
subsequent arrangements under section 2160 of this title, and any
commitments from the recipient which the Secretary of Energy and
the Secretary of State deem necessary to ensure that such approval
will be obtained prior to such enrichment shall be obtained prior
to the submission of the executive branch judgment regarding the
export in question and shall be set forth in such submission: And
provided further, That no source or special nuclear material shall
be exported for the purpose of enrichment or reactor fueling to any
nation or group of nations which has, after March 10, 1978, entered
into a new or amended agreement for cooperation with the United
States, except pursuant to such agreement.
(b) In addition to other requirements of law, no major critical
component of any uranium enrichment, nuclear fuel reprocessing, or
heavy water production facility shall be exported under any
agreement for cooperation (except an agreement for cooperation
pursuant to section 2121(c), 2164(b), or 2164(c) of this title)
unless such agreement for cooperation specifically designates such
components as items to be exported pursuant to the agreement for
cooperation. For purposes of this subsection, the term "major
critical component" means any component part or group of component
parts which the President determines to be essential to the
operation of a complete uranium enrichment, nuclear fuel
reprocessing, or heavy water production facility.
-SOURCE-
(Pub. L. 95-242, title IV, Sec. 402, Mar. 10, 1978, 92 Stat. 145.)
-COD-
CODIFICATION
Section was enacted as part of the Nuclear Non-Proliferation Act
of 1978, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-MISC1-
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
-TRANS-
DELEGATION OF FUNCTIONS
Delegation or assignment to Secretary of Energy of function
vested in President under subsec. (b) of this section, see section
1(a) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out
under section 3201 of Title 22, Foreign Relations and Intercourse.
-MISC2-
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under the Nuclear Non-Proliferation
Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, not to be
delayed pending development of procedures even though as many as
120 days [after Mar. 10, 1978] are allowed for establishing those
procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978,
43 F.R. 20947, set out under section 3201 of Title 22, Foreign
Relations and Intercourse.
-End-
-CITE-
42 USC Sec. 2153b 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2153b. Export policies relating to peaceful nuclear activities
and international nuclear trade
-STATUTE-
The President shall take immediate and vigorous steps to seek
agreement from all nations and groups of nations to commit
themselves to adhere to the following export policies with respect
to their peaceful nuclear activities and their participation in
international nuclear trade:
(a) Undertakings by transferee nations receiving nuclear material
and equipment or sensitive nuclear technology
No nuclear materials and equipment and no sensitive nuclear
technology within the territory of any nation or group of nations,
under its jurisdiction, or under its control anywhere will be
transferred to the jurisdiction of any other nation or group of
nations unless the nation or group of nations receiving such
transfer commits itself to strict undertakings including, but not
limited to, provisions sufficient to ensure that -
(1) no nuclear materials and equipment and no nuclear
technology in, under the jurisdiction of, or under the control of
any non-nuclear-weapon state, shall be used for nuclear explosive
devices for any purpose or for research on or development of
nuclear explosive devices for any purpose, except as permitted by
Article V, the Treaty;
(2) IAEA safeguards will be applied to all peaceful nuclear
activities in, under the jurisdiction of, or under the control of
any non-nuclear-weapon state;
(3) adequate physical security measures will be established and
maintained by any nation or group of nations on all of its
nuclear activities;
(4) no nuclear materials and equipment and no nuclear
technology intended for peaceful purposes in, under the
jurisdiction of, or under the control of any nation or group of
nations shall be transferred to the jurisdiction of any other
nation or group of nations which does not agree to stringent
undertakings meeting the objectives of this section; and
(5) no nation or group of nations will assist, encourage, or
induce any non-nuclear-weapon state to manufacture or otherwise
acquire any nuclear explosive device.
(b) Enrichment of source or special nuclear material only under
effective international auspices and inspection
(1) No source or special nuclear material within the territory of
any nation or group of nations, under its jurisdiction, or under
its control anywhere will be enriched (as described in section
2014(aa)(2) of this title) or reprocessed, no irradiated fuel
elements containing such material which are to be removed from a
reactor will be altered in form or content, and no fabrication or
stockpiling involving plutonium, uranium 233, or uranium enriched
to greater than 20 percent in the isotope 235 shall be performed
except in a facility under effective international auspices and
inspection, and any such irradiated fuel elements shall be
transferred to such a facility as soon as practicable after removal
from a reactor consistent with safety requirements. Such facilities
shall be limited in number to the greatest extent feasible and
shall be carefully sited and managed so as to minimize the
proliferation and environmental risks associated with such
facilities. In addition, there shall be conditions to limit the
access of non-nuclear-weapon states other than the host country to
sensitive nuclear technology associated with such facilities.
(2) Any facilities within the territory of any nation or group of
nations, under its jurisdiction, or under its control anywhere for
the necessary short-term storage of fuel elements containing
plutonium, uranium 233, or uranium enriched to greater than 20
percent in the isotope 235 prior to placement in a reactor or of
irradiated fuel elements prior to transfer as required in
subparagraph (1) shall be placed under effective international
auspices and inspection.
(c) Establishment of physical security measures
Adequate physical security measures will be established and
maintained with respect to all nuclear activities within the
territory of each nation and group of nations, under its
jurisdiction, or under its control anywhere, and with respect to
any international shipment of significant quantities of source or
special nuclear material or irradiated source or special nuclear
material, which shall also be conducted under international
safeguards.
(d) United States military activities
Nothing in this section shall be interpreted to require
international control or supervision of any United States military
activities.
-SOURCE-
(Pub. L. 95-242, title IV, Sec. 403, Mar. 10, 1978, 92 Stat. 146.)
-COD-
CODIFICATION
Section was enacted as part of the Nuclear Non-Proliferation Act
of 1978, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-MISC1-
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
-TRANS-
DELEGATION OF FUNCTIONS
Secretary of State responsible for performing functions vested in
President under this section, see section 2(a) of Ex. Ord. No.
12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of
Title 22, Foreign Relations and Intercourse.
-MISC2-
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under the Nuclear Non-Proliferation
Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, not to be
delayed pending development of procedures even though as many as
120 days [after Mar. 10, 1978] are allowed for establishing those
procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978,
43 F.R. 20947, set out under section 3201 of Title 22, Foreign
Relations and Intercourse.
-End-
-CITE-
42 USC Sec. 2153c 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2153c. Renegotiation of agreements for cooperation
-STATUTE-
(a) Application to existing agreements of undertakings required of
new agreements after March 10, 1978
The President shall initiate a program immediately to renegotiate
agreements for cooperation in effect on March 10, 1978, or
otherwise to obtain the agreement of parties to such agreements for
cooperation to the undertakings that would be required for new
agreements under this chapter. To the extent that an agreement for
cooperation in effect on March 10, 1978, with a cooperating party
contains provisions equivalent to any or all of the criteria set
forth in section 2156 of this title with respect to materials and
equipment transferred pursuant thereto or with respect to any
special nuclear material used in or produced through the use of any
such material or equipment, any renegotiated agreement with that
cooperating party shall continue to contain an equivalent provision
with respect to such transferred materials and equipment and such
special nuclear material. To the extent that an agreement for
cooperation in effect on March 10, 1978, with a cooperating party
does not contain provisions with respect to any nuclear materials
and equipment which have previously been transferred under an
agreement for cooperation with the United States and which are
under the jurisdiction or control of the cooperating party and with
respect to any special nuclear material which is used in or
produced through the use thereof and which is under the
jurisdiction or control of the cooperating party, which are
equivalent to any or all of those required for new and amended
agreements for cooperation under section 2153(a) of this title, the
President shall vigorously seek to obtain the application of such
provisions with respect to such nuclear materials and equipment and
such special nuclear material. Nothing in this Act or in this
chapter shall be deemed to relinquish any rights which the United
States may have under any agreement for cooperation in force on
March 10, 1978.
(b) Presidential review of export agreement conditions and policy
goals
The President shall annually review each of requirements (1)
through (9) set forth for inclusion in agreements for cooperation
under section 2153(a) of this title and the export policy goals set
forth in section 2153b of this title to determine whether it is in
the interest of United States non-proliferation objectives for any
such requirements or export policies which are not already being
applied as export criteria to be enacted as additional export
criteria.
(c) Presidential proposals for additional export criteria
If the President proposes enactment of any such requirements or
export policies as additional export criteria or to take any other
action with respect to such requirements or export policy goals for
the purpose of encouraging adherence by nations and groups of
nations to such requirements and policies, he shall submit such a
proposal together with an explanation thereof to the Congress.
(d) Congressional action
If the Committee on Foreign Relations of the Senate or the
Committee on Foreign Affairs of the House of Representatives, after
reviewing the President's annual report or any proposed
legislation, determines that it is in the interest of United States
non-proliferation objectives to take any action with respect to
such requirements or export policy goals, it shall report a joint
resolution to implement such determination. Any joint resolution so
reported shall be considered in the Senate and the House of
Representatives, respectively, under applicable procedures provided
for the consideration of resolutions pursuant to section 2159(b)
through (g) of this title.
-SOURCE-
(Pub. L. 95-242, title IV, Sec. 404, Mar. 10, 1978, 92 Stat. 147;
Pub. L. 103-437, Sec. 15(g), Nov. 2, 1994, 108 Stat. 4593.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (a), means the Nuclear Non-
Proliferation Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat.
120, which is classified principally to chapter 47 (Sec. 3201 et
seq.) of Title 22, Foreign Relations and Intercourse. For complete
classification of this Act to the Code, see Short Title note set
out under section 3201 of Title 22 and Tables.
-COD-
CODIFICATION
Section was enacted as part of the Nuclear Non-Proliferation Act
of 1978, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
Section 2153b of this title, referred to in subsec. (b), was in
the original "section 401", meaning section 401 of Pub. L. 95-242,
which amended section 2153 of this title. Section 401 has been
translated as section 2153b of this title, which was enacted by
section 403 of Pub. L. 95-242, to reflect the probable intent of
Congress in view of the reference to the export policy goals which
are set forth in section 2153b of this title.
-MISC1-
AMENDMENTS
1994 - Subsec. (d). Pub. L. 103-437 substituted "Foreign Affairs"
for "International Relations".
-CHANGE-
CHANGE OF NAME
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-MISC2-
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
-TRANS-
DELEGATION OF FUNCTIONS
Secretary of State responsible for performing functions vested in
President under this section, see section 2(a) of Ex. Ord. No.
12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of
Title 22, Foreign Relations and Intercourse.
-MISC3-
SUPPLY OF ADDITIONAL LOW-ENRICHED URANIUM UNDER INTERNATIONAL
AGREEMENTS FOR COOPERATION IN CIVIL USES OF NUCLEAR ENERGY
Pub. L. 96-280, June 18, 1980, 94 Stat. 550, provided that:
"Section 1. Limits contained in agreements for cooperation on the
amount of low-enriched uranium which may be transferred by or
exported from the United States pursuant thereto shall not be
construed to preclude transfer or export of amounts of low-enriched
uranium in excess of such limits to nations which are parties to
the Treaty on the Non-Proliferation of Nuclear Weapons.
"Sec. 2. (a) The terms used in this joint resolution shall have
the meanings ascribed to them by the Atomic Energy Act of 1954
[this chapter] and by the Nuclear Non-Proliferation Act of 1978 [22
U.S.C. 3201 et seq.].
"(b) The term 'low-enriched uranium' means uranium enriched to
less than 20 per centum in the isotope 235."
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under the Nuclear Non-Proliferation
Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, not to be
delayed pending development of procedures even though as many as
120 days [after Mar. 10, 1978] are allowed for establishing those
procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978,
43 F.R. 20947, set out under section 3201 of Title 22, Foreign
Relations and Intercourse.
-End-
-CITE-
42 USC Sec. 2153d 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2153d. Authority to continue agreements for cooperation
entered into prior to March 10, 1978
-STATUTE-
(a) The amendments to section 2153 of this title made by this Act
shall not affect the authority to continue cooperation pursuant to
agreements for cooperation entered into prior to March 10, 1978.
(b) Nothing in this Act shall affect the authority to include
dispute settlement provisions, including arbitration, in any
agreement made pursuant to an Agreement for Cooperation.
-SOURCE-
(Pub. L. 95-242, title IV, Sec. 405, Mar. 10, 1978, 92 Stat. 148.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, means the Nuclear Non-
Proliferation Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat.
120, which is classified principally to chapter 47 (Sec. 3201 et
seq.) of Title 22, Foreign Relations and Intercourse. For complete
classification of this Act to the Code, see Short Title note set
out under section 3201 of Title 22 and Tables.
-COD-
CODIFICATION
Section was enacted as part of the Nuclear Non-Proliferation Act
of 1978, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-MISC1-
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
-End-
-CITE-
42 USC Sec. 2153e 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2153e. Protection of environment
-STATUTE-
The President shall endeavor to provide in any agreement entered
into pursuant to section 2153 of this title for cooperation between
the parties in protecting the international environment from
radioactive, chemical or thermal contamination arising from
peaceful nuclear activities.
-SOURCE-
(Pub. L. 95-242, title IV, Sec. 407, Mar. 10, 1978, 92 Stat. 148.)
-COD-
CODIFICATION
Section was enacted as part of the Nuclear Non-Proliferation Act
of 1978, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-MISC1-
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
-TRANS-
DELEGATION OF FUNCTIONS
Secretary of State responsible for performing functions vested in
President under this section, see section 2(a) of Ex. Ord. No.
12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of
Title 22, Foreign Relations and Intercourse.
-MISC2-
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under the Nuclear Non-Proliferation
Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, not to be
delayed pending development of procedures even though as many as
120 days [after Mar. 10, 1978] are allowed for establishing those
procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978,
43 F.R. 20947, set out under section 3201 of Title 22, Foreign
Relations and Intercourse.
-End-
-CITE-
42 USC Sec. 2153e-1 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2153e-1. Effectiveness of rule, regulation, or procedure with
regard to exports subject to Nuclear Non-Proliferation Act of
1978
-STATUTE-
No environmental rule, regulation, or procedure shall become
effective with regard to exports subject to the provisions of 22
U.S.C. 3201 et seq., the Nuclear Non-Proliferation Act of 1978,
until such time as the President has reported to Congress on the
progress achieved pursuant to section 407 of the Act (42 U.S.C.
2153e) entitled "Protection of the Environment" which requires the
President to seek to provide, in agreements required under the Act,
for cooperation between the parties in protecting the environment
from radioactive, chemical or thermal contaminations arising from
peaceful nuclear activities.
-SOURCE-
(Pub. L. 95-630, title XIX, Sec. 1913, Nov. 10, 1978, 92 Stat.
3727.)
-REFTEXT-
REFERENCES IN TEXT
The Nuclear Non-Proliferation Act of 1978, referred to in text,
is Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, which is classified
principally to chapter 47 (Sec. 3201 et seq.) of Title 22, Foreign
Relations and Intercourse. For complete classification of this Act
to the Code, see Short Title note set out under section 3201 of
Title 22 and Tables.
-COD-
CODIFICATION
Section was enacted as part of the Export-Import Bank Act
Amendments of 1978, and not as part of the Atomic Energy Act of
1954 which comprises this chapter.
-MISC1-
EFFECTIVE DATE
Section effective Nov. 10, 1978, see section 1917 of Pub. L. 95-
630, set out as an Effective Date of 1978 Amendment note under
section 635 of Title 12, Banks and Banking.
-End-
-CITE-
42 USC Sec. 2153f 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2153f. Savings clause; Nuclear Non-Proliferation Act of 1978
-STATUTE-
(a) All orders, determinations, rules, regulations, permits,
contracts, agreements, certificates, licenses, and privileges -
(1) which have been issued, made, granted, or allowed to become
effective in the exercise of functions which are the subject of
this Act, by (i) any agency or officer, or part thereof, in
exercising the functions which are affected by this Act, or (ii)
any court of competent jurisdiction, and
(2) which are in effect at the time this Act takes effect,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or repealed as the case may be,
by the parties thereto or by any court of competent jurisdiction.
(b) Nothing in this Act shall affect the procedures or
requirements applicable to agreements for cooperation entered into
pursuant to sections 2121(c), 2164(b), or 2164(c) of this title or
arrangements pursuant thereto as it was in effect immediately prior
to March 10, 1978.
-SOURCE-
(Pub. L. 95-242, title VI, Sec. 603(a), (b), Mar. 10, 1978, 92
Stat. 152.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, means the Nuclear Non-
Proliferation Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat.
120, which is classified principally to chapter 47 (Sec. 3201 et
seq.) of Title 22, Foreign Relations and Intercourse. For complete
classification of this Act to the Code, see Short Title note set
out under section 3201 of Title 22 and Tables.
-COD-
CODIFICATION
Section was enacted as part of the Nuclear Non-Proliferation Act
of 1978, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-MISC1-
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions the Nuclear Non-Proliferation Act of
1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, not to be
delayed pending development of procedures even though as many as
120 days [after Mar. 10, 1978] are allowed for establishing those
procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978,
43 F.R. 20947, set out under section 3201 of Title 22, Foreign
Relations and Intercourse.
-End-
-CITE-
42 USC Sec. 2154 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2154. International atomic pool
-STATUTE-
The President is authorized to enter into an international
arrangement with a group of nations providing for international
cooperation in the nonmilitary applications of atomic energy and he
may thereafter cooperate with that group of nations pursuant to
sections 2074(a), 2077, 2094, 2112, 2133, 2134, or 2164(a) of this
title: Provided, however, That the cooperation is undertaken
pursuant to an agreement for cooperation entered into in accordance
with section 2153 of this title.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 124, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 940; amended Pub. L. 93-377, Sec. 5,
Aug. 17, 1974, 88 Stat. 475; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1974 - Pub. L. 93-377 substituted reference to section 2074(a) of
this title for reference to section 2074 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2155 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2155. Export licensing procedures
-STATUTE-
(a) Executive branch judgment on export applications; criteria
governing United States nuclear exports
No license may be issued by the Nuclear Regulatory Commission
(the "Commission") for the export of any production or utilization
facility, or any source material or special nuclear material,
including distributions of any material by the Department of Energy
under section 2074, 2094, or 2112 of this title, for which a
license is required or requested, and no exemption from any
requirement for such an export license may be granted by the
Commission, as the case may be, until -
(1) the Commission has been notified by the Secretary of State
that it is the judgment of the executive branch that the proposed
export or exemption will not be inimical to the common defense
and security, or that any export in the category to which the
proposed export belongs would not be inimical to the common
defense and security because it lacks significance for nuclear
explosive purposes. The Secretary of State shall, within ninety
days after March 10, 1978, establish orderly and expeditious
procedures, including provision for necessary administrative
actions and inter-agency memoranda of understanding, which are
mutually agreeable to the Secretaries of Energy, Defense, and
Commerce, and the Nuclear Regulatory Commission, for the
preparation of the executive branch judgment on export
applications under this section. Such procedures shall include,
at a minimum, explicit direction on the handling of such
applications, express deadlines for the solicitation and
collection of the views of the consulted agencies (with
identified officials responsible for meeting such deadlines), an
inter-agency coordinating authority to monitor the processing of
such applications, predetermined procedures for the expeditious
handling of intra-agency and inter-agency disagreements and
appeals to higher authorities, frequent meetings of inter-agency
administrative coordinators to review the status of all pending
applications, and similar administrative mechanisms. To the
extent practicable, an applicant should be advised of all the
information required of the applicant for the entire process for
every agency's needs at the beginning of the process. Potentially
controversial applications should be identified as quickly as
possible so that any required policy decisions or diplomatic
consultations con (!1) be initiated in a timely manner. An
immediate effort should be undertaken to establish quickly any
necessary standards and criteria, including the nature of any
required assurances or evidentiary showings, for the decisions
required under this section. The processing of any export
application proposed and filed as of March 10, 1978, shall not be
delayed pending the development and establishment of procedures
to implement the requirements of this section. The executive
branch judgment shall be completed in not more than sixty days
from receipt of the application or request, unless the Secretary
of State in his discretion specifically authorizes additional
time for consideration of the application or request because it
is in the national interest to allow such additional time. The
Secretary shall notify the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives of any such authorization. In submitting any such
judgment, the Secretary of State shall specifically address the
extent to which the export criteria then in effect are met and
the extent to which the cooperating party has adhered to the
provisions of the applicable agreement for cooperation. In the
event he considers it warranted, the Secretary may also address
the following additional factors, among others:
(A) whether issuing the license or granting the exemption
will materially advance the non-proliferation policy of the
United States by encouraging the recipient nation to adhere to
the Treaty, or to participate in the undertakings contemplated
by section 2153b or 2153c(a) of this title;
(B) whether failure to issue the license or grant the
exemption would otherwise be seriously prejudicial to the non-
proliferation objectives of the United States; and
(C) whether the recipient nation or group of nations has
agreed that conditions substantially identical to the export
criteria set forth in section 2156 of this title will be
applied by another nuclear supplier nation or group of nations
to the proposed United States export, and whether in the
Secretary's judgment those conditions will be implemented in a
manner acceptable to the United States.
The Secretary of State shall provide appropriate data and
recommendations, subject to requests for additional data and
recommendations, as required by the Commission or the Secretary
of Energy, as the case may be; and
(2) the Commission finds, based on a reasonable judgment of the
assurances provided and other information available to the
Federal Government, including the Commission, that the criteria
in section 2156 of this title or their equivalent, and any other
applicable statutory requirements, are met: Provided, That
continued cooperation under an agreement for cooperation as
authorized in accordance with section 2154 of this title shall
not be prevented by failure to meet the provisions of paragraph
(4) or (5) of section 2156 of this title for a period of thirty
days after March 10, 1978, and for a period of twenty-three
months thereafter if the Secretary of State notifies the
Commission that the nation or group of nations bound by the
relevant agreement has agreed to negotiations as called for in
section 2153c(a) of this title; however, nothing in this
subsection shall be deemed to relinquish any rights which the
United States may have under agreements for cooperation in force
on March 10, 1978: Provided further, That if, upon the expiration
of such twenty-four month period, the President determines that
failure to continue cooperation with any group of nations which
has been exempted pursuant to the above proviso from the
provisions of paragraph (4) or (5) of section 2156 of this title,
but which has not yet agreed to comply with those provisions
would be seriously prejudicial to the achievement of United
States non-proliferation objectives or otherwise jeopardize the
common defense and security, he may, after notifying the Congress
of his determination, extend by Executive order the duration of
the above proviso for a period of twelve months, and may further
extend the duration of such proviso by one year increments
annually thereafter if he again makes such determination and so
notifies the Congress. In the event that the Committee on Foreign
Affairs of the House of Representatives or the Committee on
Foreign Relations of the Senate reports a joint resolution to
take any action with respect to any such extension, such joint
resolution will be considered in the House or Senate, as the case
may be, under procedures identical to those provided for the
consideration of resolutions pursuant to section 2159 of this
title: And additionally provided, That the Commission is
authorized to (A) make a single finding under this subsection for
more than a single application or request, where the applications
or requests involve exports to the same country, in the same
general time frame, of similar significance for nuclear explosive
purposes and under reasonably similar circumstances and (B) make
a finding under this subsection that there is no material changed
circumstance associated with a new application or request from
those existing at the time of the last application or request for
an export to the same country, where the prior application or
request was approved by the Commission using all applicable
procedures of this section, and such finding of no material
changed circumstance shall be deemed to satisfy the requirement
of this paragraph for findings of the Commission. The decision
not to make any such finding in lieu of the findings which would
otherwise be required to be made under this paragraph shall not
be subject to judicial review: And provided further, That nothing
contained in this section is intended to require the Commission
independently to conduct or prohibit the Commission from
independently conducting country or site specific visitations in
the Commission's consideration of the application of IAEA
safeguards.
(b) Requests to be given timely consideration; Presidential review
if Commission is unable to make required statutory
determinations; Commission review
(1) Timely consideration shall be given by the Commission to
requests for export licenses and exemptions and such requests shall
be granted upon a determination that all applicable statutory
requirements have been met.
(2) If, after receiving the executive branch judgment that the
issuance of a proposed export license will not be inimical to the
common defense and security, the Commission does not issue the
proposed license on a timely basis because it is unable to make the
statutory determinations required under this chapter, the
Commission shall publicly issue its decision to that effect, and
shall submit the license application to the President. The
Commission's decision shall include an explanation of the basis for
the decision and any dissenting or separate views. If, after
receiving the proposed license application and reviewing the
Commission's decision, the President determines that withholding
the proposed export would be seriously prejudicial to the
achievement of United States non-proliferation objectives, or would
otherwise jeopardize the common defense and security, the proposed
export may be authorized by Executive order: Provided, That prior
to any such export, the President shall submit the Executive order,
together with his explanation of why, in light of the Commission's
decision, the export should nonetheless be made, to the Congress
for a period of sixty days of continuous session (as defined in
section 2159(g) of this title) and shall be referred to the
Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate, but any such
proposed export shall not occur if during such sixty-day period the
Congress adopts a concurrent resolution stating in substance that
it does not favor the proposed export. Any such Executive order
shall be considered pursuant to the procedures set forth in section
2159 of this title for the consideration of Presidential
submissions: And provided further, That the procedures established
pursuant to subsection (b) of section 2155a of this title shall
provide that the Commission shall immediately initiate review of
any application for a license under this section and to the maximum
extent feasible shall expeditiously process the application
concurrently with the executive branch review, while awaiting the
final executive branch judgment. In initiating its review, the
Commission may identify a set of concerns and requests for
information associated with the projected issuance of such license
and shall transmit such concerns and requests to the executive
branch which shall address such concerns and requests in its
written communications with the Commission. Such procedures shall
also provide that if the Commission has not completed action on the
application within sixty days after the receipt of an executive
branch judgment that the proposed export or exemption is not
inimical to the common defense and security or that any export in
the category to which the proposed export belongs would not be
inimical to the common defense and security because it lacks
significance for nuclear explosive purposes, the Commission shall
inform the applicant in writing of the reason for delay and provide
follow-up reports as appropriate. If the Commission has not
completed action by the end of an additional sixty days (a total of
one hundred and twenty days from receipt of the executive branch
judgment), the President may authorize the proposed export by
Executive order, upon a finding that further delay would be
excessive and upon making the findings required for such
Presidential authorizations under this subsection, and subject to
the Congressional review procedures set forth herein. However, if
the Commission has commenced procedures for public participation
regarding the proposed export under regulations promulgated
pursuant to subsection (b) of section 2155a of this title, or -
within sixty days after receipt of the executive branch judgment on
the proposed export - the Commission has identified and transmitted
to the executive branch a set of additional concerns or requests
for information, the President may not authorize the proposed
export until sixty days after public proceedings are completed or
sixty days after a full executive branch response to the
Commission's additional concerns or requests has been made
consistent with subsection (a)(1) of this section: Provided
further, That nothing in this section shall affect the right of the
Commission to obtain data and recommendations from the Secretary of
State at any time as provided in subsection (a)(1) of this section.
(c) Additional export criteria
In the event that the House of Representatives or the Senate
passes a joint resolution which would adopt one or more additional
export criteria, or would modify any existing export criteria under
this chapter, any such joint resolution shall be referred in the
other House to the Committee on Foreign Relations of the Senate or
the Committee on Foreign Affairs of the House of Representatives,
as the case may be, and shall be considered by the other House
under applicable procedures provided for the consideration of
resolutions pursuant to section 2159 of this title.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 126, as added Pub. L. 95-242,
title III, Sec. 304(a), Mar. 10, 1978, 92 Stat. 131; renumbered
title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
106 Stat. 2944; amended Pub. L. 103-437, Sec. 15(f)(5), Nov. 2,
1994, 108 Stat. 4592; Pub. L. 105-277, div. G, title XII, Sec.
1225(d)(5), Oct. 21, 1998, 112 Stat. 2681-774.)
-MISC1-
AMENDMENTS
1998 - Subsec. (a)(1). Pub. L. 105-277 substituted "and the
Nuclear Regulatory Commission," for "the Director of the Arms
Control and Disarmament Agency, and the Nuclear Regulatory
Commission".
1994 - Pub. L. 103-437 substituted "Foreign Affairs" for
"International Relations" wherever appearing.
-CHANGE-
CHANGE OF NAME
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-MISC2-
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
1999, or date of abolition of the United States Arms Control and
Disarmament Agency pursuant to reorganization plan described in
section 6601 of Title 22, Foreign Relations and Intercourse, see
section 1201 of Pub. L. 105-277, set out as an Effective Date note
under section 6511 of Title 22.
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of certain functions from Nuclear Regulatory
Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45
F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of
this title.
DELEGATION OF FUNCTIONS
Secretary of State responsible for preparation of timely
information and recommendations related to the functions vested in
President by this section, see section 2(d) of Ex. Ord. No. 12058,
May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title
22, Foreign Relations and Intercourse.
-MISC3-
NUCLEAR EXPORT REPORTING REQUIREMENT
Pub. L. 105-261, div. A, title XV, Sec. 1523, Oct. 17, 1998, 112
Stat. 2180, as amended by Pub. L. 106-113, div. B, Sec. 1000(a)(7)
[div. B, title XI, Sec. 1135], Nov. 29, 1999, 113 Stat. 1536, 1501A-
494, provided that:
"(a) Notification of Congress. - The President shall notify the
Committee on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives upon the
granting of a license by the Nuclear Regulatory Commission for the
export or reexport of any nuclear-related technology or equipment,
including source material, special nuclear material, or equipment
or material especially designed or prepared for the processing,
use, or production of special nuclear material.
"(b) Applicability. - The requirements of this section shall
apply only to an export or reexport to a country that -
"(1) the President has determined is a country that has
detonated a nuclear explosive device; and
"(2) is not a member of the North Atlantic Treaty Organization.
"(c) Content of Notification. - The notification required
pursuant to this section shall include -
"(1) a detailed description of the articles or services to be
exported or reexported, including a brief description of the
capabilities of any article to be exported or reexported;
"(2) an estimate of the number of officers and employees of the
United States Government and of United States Government civilian
contract personnel expected to be required in such country to
carry out the proposed export or reexport;
"(3) the name of each licensee expected to provide the article
or service proposed to be sold and a description from the
licensee of any offset agreements proposed to be entered into in
connection with such sale (if known on the date of transmittal of
such statement);
"(4) the projected delivery dates of the articles or services
to be exported or reexported; and
"(5) the extent to which the recipient country in the previous
two years has engaged in any of the actions specified in
subparagraph (A), (B), or (C) of section 129(2) of the Atomic
Energy Act of 1954 [42 U.S.C. 2158(2)(A), (B), (C)]."
[Memorandum of President of the United States, July 8, 2004, 69
F.R. 43725, delegated to Secretary of State the functions conferred
upon the President by section 1523 of Pub. L. 105-261, set out
above.]
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under this chapter, as amended by
the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
1978, 92 Stat. 120, not to be delayed pending development of
procedures even though as many as 120 days [after Mar. 10, 1978]
are allowed for establishing those procedures, see section 5(b) of
Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
section 3201 of Title 22, Foreign Relations and Intercourse.
-EXEC-
EX. ORD. NO. 12055. EXPORT OF SPECIAL NUCLEAR MATERIAL TO INDIA
Ex. Ord. No. 12055, Apr. 27, 1978, 43 F.R. 18157, provided:
By virtue of the authority vested in me as President by the
Constitution of the United States of America and by Section 126b(2)
of the Atomic Energy Act of 1954 (42 U.S.C. 2155), as amended by
Section 304(a) of the Nuclear Non-Proliferation Act of 1978 (Public
Law 95-242, 92 Stat. 131) [subsec. (b)(2) of this section], and
having determined that withholding the export proposed pursuant to
Nuclear Regulatory Commission export license application XSNM-1060
would be seriously prejudicial to the achievement of the United
States non-proliferation objectives, that export to India is
authorized; however, such export shall not occur for a period of 60
days as defined by Section 130g of the Atomic Energy Act of 1954,
as amended [section 2159(g) of this title].
Jimmy Carter.
EXECUTIVE ORDER NO. 12193
Ex. Ord. No. 12193, Feb. 12, 1980, 45 F.R. 9885, which extended
the period of nuclear cooperation with the European Atomic Energy
Community to Mar. 10, 1981, was revoked by Ex. Ord. No. 12553, Feb.
25, 1986, 51 F.R. 7237. See notes below.
EX. ORD. NO. 12218. EXPORT OF SPECIAL NUCLEAR MATERIAL TO INDIA
Ex. Ord. No. 12218, June 19, 1980, 45 F.R. 41625, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States of America, including Section
126b. (2) of the Atomic Energy Act of 1954, as amended (42 U.S.C.
2155(b)(2)), and having determined that withholding the exports
proposed pursuant to Nuclear Regulatory Commission export license
applications XSNM-1379, XSNM-1569, XCOM-0240, XCOM-0250, XCOM-0376,
XCOM-0381 and XCOM-0395, would be seriously prejudicial to the
achievement of United States non-proliferation objectives and would
otherwise jeopardize the common defense and security, those exports
to India are authorized; however, such exports shall not occur for
a period of 60 days as defined by Section 130 g. of the Atomic
Energy Act of 1954, as amended (42 U.S.C. 2159(g)).
Jimmy Carter.
EXECUTIVE ORDER NO. 12295
Ex. Ord. No. 12295, Feb. 24, 1981, 46 F.R. 14113, which extended
the period of nuclear cooperation with the European Atomic Energy
Community to Mar. 10, 1982, was revoked by Ex. Ord. No. 12608,
Sept. 9, 1987, 52 F.R. 34617. See notes below.
EXECUTIVE ORDER NO. 12351
Ex. Ord. No. 12351, Mar. 9, 1982, 47 F.R. 10505, which extended
the period of nuclear cooperation with the European Atomic Energy
Community to Mar. 10, 1983, was revoked by Ex. Ord. No. 12553, Feb.
25, 1986, 51 F.R. 7237. See notes below.
EXECUTIVE ORDER NO. 12409
Ex. Ord. No. 12409, Mar. 7, 1983, 48 F.R. 9829, which extended
the period of nuclear cooperation with the European Atomic Energy
Community to Mar. 10, 1984, was revoked by Ex. Ord. No. 12553, Feb.
25, 1986, 51 F.R. 7237. See notes below.
EXECUTIVE ORDER NO. 12463
Ex. Ord. No. 12463, Feb. 23, 1984, 49 F.R. 7097, which extended
the period of nuclear cooperation with the European Atomic Energy
Community to Mar. 10, 1985, was revoked by Ex. Ord. No. 12553, Feb.
25, 1986, 51 F.R. 7237. See notes below.
EXECUTIVE ORDER NO. 12506
Ex. Ord. No. 12506, Mar. 4, 1985, 50 F.R. 8991, extended the
period of nuclear cooperation with the European Atomic Energy
Community to Mar. 10, 1986. See notes below.
EXECUTIVE ORDER NO. 12554
Ex. Ord. No. 12554, Feb. 28, 1986, 51 F.R. 7423, extended the
period of nuclear cooperation with the European Atomic Energy
Community to Mar. 10, 1987. See notes below.
EXECUTIVE ORDER NO. 12587
Ex. Ord. No. 12587, Mar. 9, 1987, 52 F.R. 7397, which extended
the period of nuclear cooperation with the European Atomic Energy
Community to Mar. 10, 1988, was superseded by Ex. Ord. No. 12629,
Mar. 9, 1988, 53 F.R. 7875. See notes below.
EXECUTIVE ORDER NO. 12629
Ex. Ord. No. 12629, Mar. 9, 1988, 53 F.R. 7875, extended the
period of nuclear cooperation with the European Atomic Energy
Community to Mar. 10, 1989. See notes below.
EXECUTIVE ORDER NO. 12670
Ex. Ord. No. 12670, Mar. 9, 1989, 54 F.R. 10267, which extended
the period of nuclear cooperation with the European Atomic Energy
Community to Mar. 10, 1990, was superseded by Ex. Ord. No. 12706,
Mar. 9, 1990, 55 F.R. 9313. See notes below.
EXECUTIVE ORDER NO. 12706
Ex. Ord. No. 12706, Mar. 9, 1990, 55 F.R. 9313, which extended
the period of nuclear cooperation with the European Atomic Energy
Community to Mar. 10, 1991, was superseded by Ex. Ord. No. 12753,
Mar. 8, 1991, 56 F.R. 10501. See notes below.
EXECUTIVE ORDER NO. 12753
Ex. Ord. No. 12753, Mar. 8, 1991, 56 F.R. 10501, which extended
the period of nuclear cooperation with the European Atomic Energy
Community to Mar. 10, 1992, was superseded by Ex. Ord. No. 12791,
Mar. 9, 1992, 57 F.R. 8717. See notes below.
EXECUTIVE ORDER NO. 12791
Ex. Ord. No. 12791, Mar. 9, 1992, 57 F.R. 8717, which extended
the period of nuclear cooperation with the European Atomic Energy
Community to Mar. 10, 1993, was superseded by Ex. Ord. No. 12840,
Mar. 9, 1993, 58 F.R. 13401. See notes below.
EXECUTIVE ORDER NO. 12840
Ex. Ord. No. 12840, Mar. 9, 1993, 58 F.R. 13401, which extended
the period of nuclear cooperation with the European Atomic Energy
Community to Mar. 10, 1994, was superseded by Ex. Ord. No. 12903,
Mar. 9, 1994, 59 F.R. 11473. See notes below.
EXECUTIVE ORDER NO. 12903
Ex. Ord. No. 12903, Mar. 9, 1994, 59 F.R. 11473, which extended
the period of nuclear cooperation with the European Atomic Energy
Community to Mar. 10, 1995, was superseded by Ex. Ord. No. 12955,
Mar. 9, 1995, 60 F.R. 13365. See note below.
EX. ORD. NO. 12955. NUCLEAR COOPERATION WITH EUROPEAN ATOMIC ENERGY
COMMUNITY
Ex. Ord. No. 12955, Mar. 9, 1995, 60 F.R. 13365, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section
126a(2) of the Atomic Energy Act of 1954, as amended (42 U.S.C.
2155(a)(2)), and having determined that, upon the expiration of the
period specified in the first proviso to section 126a(2) of such
Act and extended for 12-month periods by Executive Order Nos.
12193, 12295, 12351, 12409, 12463, 12506, 12554, 12587, 12629,
12670, 12706, 12753, 12791, 12840, and 12903 [see notes above],
failure to continue peaceful nuclear cooperation with the European
Atomic Energy Community would be seriously prejudicial to the
achievement of United States nonproliferation objectives and would
otherwise jeopardize the common defense and security of the United
States, and having notified the Congress of this determination, I
hereby extend the duration of that period to December 31, 1995.
Executive Order No. 12903 shall be superseded on the effective date
of this Executive order.
William J. Clinton.
-TRANS-
DELEGATION OF FUNCTIONS REGARDING DETERMINATION OF TIME, TERMS AND
CONDITIONS OF NUCLEAR EXPORTS
Memorandum of the President of the United States, dated Oct. 3,
1980, provided:
By the authority vested in me by Title 3, United States Code,
Section 301, you are hereby authorized to perform the following
functions on my behalf:
1. Determination of the time, terms and conditions of exports
made pursuant to any Executive Order heretofore or hereafter issued
under Section 126(b)(2) of the Atomic Energy Act of 1954, as
amended (42 U.S.C. Sec. 2155(b)(2)).
2. Issuance of such rules, regulations and procedures as you may
from time to time deem necessary or desirable for the exercise of
functions delegated by paragraph 1.
This memorandum shall be published in the Federal Register.
Jimmy Carter.
-FOOTNOTE-
(!1) So in original. Probably should be "can".
-End-
-CITE-
42 USC Sec. 2155a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2155a. Regulations establishing Commission procedures covering
grant, suspension, revocation, or amendment of nuclear export
licenses or exemptions
-STATUTE-
(a) Omitted
(b) Within one hundred and twenty days of March 10, 1978, the
Commission shall, after consultations with the Secretary of State,
promulgate regulations establishing procedures (1) for the
granting, suspending, revoking, or amending of any nuclear export
license or exemption pursuant to its statutory authority; (2) for
public participation in nuclear export licensing proceedings when
the Commission finds that such participation will be in the public
interest and will assist the Commission in making the statutory
determinations required by this chapter, including such public
hearings and access to information as the Commission deems
appropriate: Provided, That judicial review as to any such finding
shall be limited to the determination of whether such finding was
arbitrary and capricious; (3) for a public written Commission
opinion accompanied by the dissenting or separate views of any
Commissioner, in those proceedings where one or more Commissioners
have dissenting or separate views on the issuance of an export
license; and (4) for public notice of Commission proceedings and
decisions, and for recording of minutes and votes of the
Commission: Provided further, That until the regulations required
by this subsection have been promulgated, the Commission shall
implement the provisions of this Act under temporary procedures
established by the Commission.
(c) The procedures to be established pursuant to subsection (b)
of this section shall constitute the exclusive basis for hearings
in nuclear export licensing proceedings before the Commission and,
notwithstanding section 2239(a) of this title, shall not require
the Commission to grant any person an on-the-record hearing in such
a proceeding.
-SOURCE-
(Pub. L. 95-242, title III, Sec. 304(b), (c), Mar. 10, 1978, 92
Stat. 135.)
-REFTEXT-
REFERENCES IN TEXT
Commission, referred to in text, is defined as meaning the
Nuclear Regulatory Commission by section 4(a)(1) of the Nuclear Non-
Proliferation Act of 1978, Pub. L. 95-242, which is classified to
section 3203(a)(1) of Title 22, Foreign Relations and Intercourse.
This Act, referred to in subsec. (b), means the Nuclear Non-
Proliferation Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat.
120, which is classified principally to chapter 47 (Sec. 3201 et
seq.) of Title 22. For complete classification of this Act to the
Code, see Short Title note set out under section 3201 of Title 22
and Tables.
-COD-
CODIFICATION
Section was enacted as part of the Nuclear Non-Proliferation Act
of 1978, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
Section is based on subsecs. (b) and (c) of Pub. L. 95-242.
Subsecs. (a) and (d) of Pub. L. 95-242 enacted sections 2155 and
2156a, respectively, of this title.
-MISC1-
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under the Nuclear Non-Proliferation
Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, not to be
delayed pending development of procedures even though as many as
120 days [after Mar. 10, 1978] are allowed for establishing those
procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978,
43 F.R. 20947, set out under section 3201 of Title 22, Foreign
Relations and Intercourse.
-End-
-CITE-
42 USC Sec. 2156 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2156. Criteria governing United States nuclear exports
-STATUTE-
The United States adopts the following criteria which, in
addition to other requirements of law, will govern exports for
peaceful nuclear uses from the United States of source material,
special nuclear material, production or utilization facilities, and
any sensitive nuclear technology:
(1) IAEA safeguards as required by Article III(2) of the Treaty
will be applied with respect to any such material or facilities
proposed to be exported, to any such material or facilities
previously exported and subject to the applicable agreement for
cooperation, and to any special nuclear material used in or
produced through the use thereof.
(2) No such material, facilities, or sensitive nuclear
technology proposed to be exported or previously exported and
subject to the applicable agreement for cooperation, and no
special nuclear material produced through the use of such
materials, facilities, or sensitive nuclear technology, will be
used for any nuclear explosive device or for research on or
development of any nuclear explosive device.
(3) Adequate physical security measures will be maintained with
respect to such material or facilities proposed to be exported
and to any special nuclear material used in or produced through
the use thereof. Following the effective date of any regulations
promulgated by the Commission pursuant to section 2156a of this
title, physical security measures shall be deemed adequate if
such measures provide a level of protection equivalent to that
required by the applicable regulations.
(4) No such materials, facilities, or sensitive nuclear
technology proposed to be exported, and no special nuclear
material produced through the use of such material, will be
retransferred to the jurisdiction of any other nation or group of
nations unless the prior approval of the United States is
obtained for such retransfer. In addition to other requirements
of law, the United States may approve such retransfer only if the
nation or group of nations designated to receive such retransfer
agrees that it shall be subject to the conditions required by
this section.
(5) No such material proposed to be exported and no special
nuclear material produced through the use of such material will
be reprocessed, and no irradiated fuel elements containing such
material removed from a reactor shall be altered in form or
content, unless the prior approval of the United States is
obtained for such reprocessing or alteration.
(6) No such sensitive nuclear technology shall be exported
unless the foregoing conditions shall be applied to any nuclear
material or equipment which is produced or constructed under the
jurisdiction of the recipient nation or group of nations by or
through the use of any such exported sensitive nuclear
technology.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 127, as added Pub. L. 95-242,
title III, Sec. 305, Mar. 10, 1978, 92 Stat. 136; renumbered title
I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106
Stat. 2944.)
-MISC1-
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-MISC2-
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under this chapter, as amended by
the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
1978, 92 Stat. 120, not to be delayed pending development of
procedures even though as many as 120 days [after Mar. 10, 1978]
are allowed for establishing those procedures, see section 5(b) of
Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
section 3201 of Title 22, Foreign Relations and Intercourse.
-End-
-CITE-
42 USC Sec. 2156a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2156a. Regulations establishing levels of physical security to
protect facilities and material
-STATUTE-
Within sixty days of March 10, 1978, the Commission shall, in
consultation with the Secretary of State, the Secretary of Energy,
and the Secretary of Defense, promulgate (and may from time to time
amend) regulations establishing the levels of physical security
which in its judgement are no less strict than those established by
any international guidelines to which the United States subscribes
and which in its judgment will provide adequate protection for
facilities and material referred to in paragraph (3) of section
2156 of this title taking into consideration variations in risks to
security as appropriate.
-SOURCE-
(Pub. L. 95-242, title III, Sec. 304(d), Mar. 10, 1978, 92 Stat.
135; Pub. L. 105-277, div. G, title XII, Sec. 1225(e)(3), Oct. 21,
1998, 112 Stat. 2681-775.)
-REFTEXT-
REFERENCES IN TEXT
Commission, referred to in text, is defined as meaning the
Nuclear Regulatory Commission by section 4(a)(1) of the Nuclear Non-
Proliferation Act of 1978, Pub. L. 95-242, which is classified to
section 3203(a)(1) of Title 22, Foreign Relations and Intercourse.
-COD-
CODIFICATION
Section was enacted as part of the Nuclear Non-Proliferation Act
of 1978, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-MISC1-
AMENDMENTS
1998 - Pub. L. 105-277 substituted "and the Secretary of
Defense," for "the Secretary of Defense, and the Director,".
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
1999, or date of abolition of the United States Arms Control and
Disarmament Agency pursuant to reorganization plan described in
section 6601 of Title 22, Foreign Relations and Intercourse, see
section 1201 of Pub. L. 105-277, set out as an Effective Date note
under section 6511 of Title 22.
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under the Nuclear Non-Proliferation
Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, not to be
delayed pending development of procedures even though as many as
120 days [after Mar. 10, 1978] are allowed for establishing those
procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978,
43 F.R. 20947, set out under section 3201 of Title 22, Foreign
Relations and Intercourse.
-End-
-CITE-
42 USC Sec. 2157 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2157. Additional export criterion and procedures
-STATUTE-
(a)(1) As a condition of continued United States export of source
material, special nuclear material, production or utilization
facilities, and any sensitive nuclear technology to non-nuclear-
weapon states, no such export shall be made unless IAEA safeguards
are maintained with respect to all peaceful nuclear activities in,
under the jurisdiction of, or carried out under the control of such
state at the time of the export.
(2) The President shall seek to achieve adherence to the
foregoing criterion by recipient non-nuclear-weapon states.
(b) The criterion set forth in subsection (a) of this section
shall be applied as an export criterion with respect to any
application for the export of materials, facilities, or technology
specified in subsection (a) of this section which is filed after
eighteen months from March 10, 1978, or for any such application
under which the first export would occur at least twenty-four
months after March 10, 1978, except as provided in the following
paragraphs:
(1) If the Commission or the Department of Energy, as the case
may be, is notified that the President has determined that
failure to approve an export to which this subsection applies
because such criterion has not yet been met would be seriously
prejudicial to the achievement of United States non-proliferation
objectives or otherwise jeopardize the common defense and
security, the license or authorization may be issued subject to
other applicable requirements of the law: Provided, That no such
export of any production or utilization facility or of any source
or special nuclear material (intended for use as fuel in any
production or utilization facility) which has been licensed or
authorized pursuant to this subsection shall be made to any non-
nuclear-weapon state which has failed to meet such criterion
until the first such license or authorization with respect to
such state is submitted to the Congress (together with a detailed
assessment of the reasons underlying the President's
determination, the judgment of the executive branch required
under section 2155 of this title, and any Commission opinion and
views) for a period of sixty days of continuous session (as
defined in section 2159(g) of this title) and referred to the
Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate, but such export
shall not occur if during such sixty-day period the Congress
adopts a concurrent resolution stating in substance that the
Congress does not favor the proposed export. Any such license or
authorization shall be considered pursuant to the procedures set
forth in section 2159 of this title for the consideration of
Presidential submissions.
(2) If the Congress adopts a resolution of disapproval pursuant
to paragraph (1), no further export of materials, facilities, or
technology specified in subsection (a) of this section shall be
permitted for the remainder of that Congress, unless such state
meets the criterion or the President notifies the Congress that
he has determined that significant progress has been made in
achieving adherence to such criterion by such state or that
United States foreign policy interests dictate reconsideration
and the Congress, pursuant to the procedure of paragraph (1),
does not adopt a concurrent resolution stating in substance that
it disagrees with the President's determination.
(3) If the Congress does not adopt a resolution of disapproval
with respect to a license or authorization submitted pursuant to
paragraph (1), the criterion set forth in subsection (a) of this
section shall not be applied as an export criterion with respect
to exports of materials, facilities and technology specified in
subsection (a) of this section to that state: Provided, That the
first license or authorization with respect to that state which
is issued pursuant to this paragraph after twelve months from the
elapse of the sixty-day period specified in paragraph (1), and
the first such license or authorization which is issued after
each twelve-month period thereafter, shall be submitted to the
Congress for review pursuant to the procedures specified in
paragraph (1): Provided further, That if the Congress adopts a
resolution of disapproval during any review period provided for
by this paragraph, the provisions of paragraph (2) shall apply
with respect to further exports to such state.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 128, as added Pub. L. 95-242,
title III, Sec. 306, Mar. 10, 1978, 92 Stat. 137; renumbered title
I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106
Stat. 2944; amended Pub. L. 103-437, Sec. 15(f)(5), Nov. 2, 1994,
108 Stat. 4592.)
-MISC1-
AMENDMENTS
1994 - Subsec. (b)(1). Pub. L. 103-437 substituted "Foreign
Affairs" for "International Relations".
-CHANGE-
CHANGE OF NAME
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-MISC2-
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
DELEGATION OF FUNCTIONS
Secretary of State responsible for performing function vested in
President under subsec. (a)(2) of this section and responsible for
preparation of timely information and recommendations related to
functions vested in President under subsec. (b) of this section,
see section 2(b), (d) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R.
20947, set out under section 3201 of Title 22, Foreign Relations
and Intercourse.
-MISC3-
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under this chapter, as amended by
the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
1978, 92 Stat. 120, not to be delayed pending development of
procedures even though as many as 120 days [after Mar. 10, 1978]
are allowed for establishing those procedures, see section 5(b) of
Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
section 3201 of Title 22, Foreign Relations and Intercourse.
-End-
-CITE-
42 USC Sec. 2158 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2158. Conduct resulting in termination of nuclear exports
-STATUTE-
(a) No nuclear materials and equipment or sensitive nuclear
technology shall be exported to -
(1) any non-nuclear-weapon state that is found by the President
to have, at any time after March 10, 1978,
(A) detonated a nuclear explosive device; or
(B) terminated or abrogated IAEA safeguards; or
(C) materially violated an IAEA safeguards agreement; or
(D) engaged in activities involving source or special nuclear
material and having direct significance for the manufacture or
acquisition of nuclear explosive devices, and has failed to
take steps which, in the President's judgment, represent
sufficient progress toward terminating such activities; or
(2) any nation or group of nations that is found by the
President to have, at any time after March 10, 1978,
(A) materially violated an agreement for cooperation with the
United States, or, with respect to material or equipment not
supplied under an agreement for cooperation, materially
violated the terms under which such material or equipment was
supplied or the terms of any commitments obtained with respect
thereto pursuant to section 2153a(a) of this title; or
(B) assisted, encouraged, or induced any non-nuclear-weapon
state to engage in activities involving source or special
nuclear material and having direct significance for the
manufacture or acquisition of nuclear explosive devices, and
has failed to take steps which, in the President's judgment,
represent sufficient progress toward terminating such
assistance, encouragement, or inducement; or
(C) entered into an agreement after March 10, 1978, for the
transfer of reprocessing equipment, materials, or technology to
the sovereign control of a non-nuclear-weapon state except in
connection with an international fuel cycle evaluation in which
the United States is a participant or pursuant to a subsequent
international agreement or understanding to which the United
States subscribes;
unless the President determines that cessation of such exports
would be seriously prejudicial to the achievement of United States
non-proliferation objectives or otherwise jeopardize the common
defense and security: Provided, That prior to the effective date of
any such determination, the President's determination, together
with a report containing the reasons for his determination, shall
be submitted to the Congress and referred to the Committee on
Foreign Affairs of the House of Representatives and the Committee
on Foreign Relations of the Senate for a period of sixty days of
continuous session (as defined in section 2159(g) of this title),
but any such determination shall not become effective if during
such sixty-day period the Congress adopts a concurrent resolution
stating in substance that it does not favor the determination. Any
such determination shall be considered pursuant to the procedures
set forth in section 2159 of this title for the consideration of
Presidential submissions.
(b)(1) Notwithstanding any other provision of law, including
specifically section 2151 of this title, and except as provided in
paragraphs (2) and (3), no nuclear materials and equipment or
sensitive nuclear technology, including items and assistance
authorized by section 2077(b) of this title and regulated under
part 810 of title 10, Code of Federal Regulations, and nuclear-
related items on the Commerce Control List maintained under part
774 of title 15 of the Code of Federal Regulations, shall be
exported or reexported, or transferred or retransferred whether
directly or indirectly, and no Federal agency shall issue any
license, approval, or authorization for the export or reexport, or
transfer, or retransfer, whether directly or indirectly, of these
items or assistance (as defined in this paragraph) to any country
whose government has been identified by the Secretary of State as
engaged in state sponsorship of terrorist activities (specifically
including any country the government of which has been determined
by the Secretary of State under section 2371(a) of title 22,
section 2405(j)(1) of title 50, Appendix, or section 2780(d) of
title 22 to have repeatedly provided support for acts of
international terrorism).
(2) This subsection shall not apply to exports, reexports,
transfers, or retransfers of radiation monitoring technologies,
surveillance equipment, seals, cameras, tamper-indication devices,
nuclear detectors, monitoring systems, or equipment necessary to
safely store, transport, or remove hazardous materials, whether
such items, services, or information are regulated by the
Department of Energy, the Department of Commerce, or the
Commission, except to the extent that such technologies, equipment,
seals, cameras, devices, detectors, or systems are available for
use in the design or construction of nuclear reactors or nuclear
weapons.
(3) The President may waive the application of paragraph (1) to a
country if the President determines and certifies to Congress that
the waiver will not result in any increased risk that the country
receiving the waiver will acquire nuclear weapons, nuclear
reactors, or any materials or components of nuclear weapons and -
(A) the government of such country has not within the preceding
12-month period willfully aided or abetted the international
proliferation of nuclear explosive devices to individuals or
groups or willfully aided and abetted an individual or groups in
acquiring unsafeguarded nuclear materials;
(B) in the judgment of the President, the government of such
country has provided adequate, verifiable assurances that it will
cease its support for acts of international terrorism;
(C) the waiver of that paragraph is in the vital national
security interest of the United States; or
(D) such a waiver is essential to prevent or respond to a
serious radiological hazard in the country receiving the waiver
that may or does threaten public health and safety.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 129, as added Pub. L. 95-242,
title III, Sec. 307, Mar. 10, 1978, 92 Stat. 138; renumbered title
I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106
Stat. 2944; amended Pub. L. 103-437, Sec. 15(f)(5), Nov. 2, 1994,
108 Stat. 4592; Pub. L. 109-58, title VI, Sec. 632(a), Aug. 8,
2005, 119 Stat. 788.)
-MISC1-
AMENDMENTS
2005 - Pub. L. 109-58 designated existing provisions as subsec.
(a) and added subsec. (b).
1994 - Pub. L. 103-437 substituted "Foreign Affairs" for
"International Relations" in closing provisions.
-CHANGE-
CHANGE OF NAME
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-MISC2-
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109-58, title VI, Sec. 632(b), Aug. 8, 2005, 119 Stat.
789, provided that: "Subsection b. of section 129 of Atomic Energy
Act of 1954 [42 U.S.C. 2158(b)], as added by subsection (a) of this
section, shall apply with respect to exports that have been
approved for transfer as of the date of the enactment of this Act
[Aug. 8, 2005] but have not yet been transferred as of that date."
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
-TRANS-
DELEGATION OF FUNCTIONS
Secretary of State responsible for preparation of timely
information and recommendations related to functions vested in
President by this section, see section 2(d) of Ex. Ord. No. 12058,
May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title
22, Foreign Relations and Intercourse.
-MISC3-
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under this chapter, as amended by
the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
1978, 92 Stat. 120, not to be delayed pending development of
procedures even though as many as 120 days [after Mar. 10, 1978]
are allowed for establishing those procedures, see section 5(b) of
Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
section 3201 of Title 22, Foreign Relations and Intercourse.
-End-
-CITE-
42 USC Sec. 2159 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2159. Congressional review procedures
-STATUTE-
(a) Committee consideration of Presidential submissions; reports
Not later than forty-five days of continuous session of Congress
after the date of transmittal to the Congress of any submission of
the President required by section 2155(a)(2), 2155(b)(2), 2157(b),
2158, 2160(a)(3), or 2160(f)(1)(A) of this title, the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives shall each submit a report
to its respective House on its views and recommendations respecting
such Presidential submission together with a resolution, as defined
in subsection (f) of this section, stating in substance that the
Congress approves or disapproves such submission, as the case may
be: Provided, That if any such committee has not reported such a
resolution at the end of such forty-five day period, such committee
shall be deemed to be discharged from further consideration of such
submission. If no such resolution has been reported at the end of
such period, the first resolution, as defined in subsection (f) of
this section, which is introduced within five days thereafter
within such House shall be placed on the appropriate calendar of
such House.
(b) Consideration of resolution by respective Houses of Congress
When the relevant committee or committees have reported such a
resolution (or have been discharged from further consideration of
such a resolution pursuant to subsection (a) of this section) or
when a resolution has been introduced and placed on the appropriate
calendar pursuant to subsection (a) of this section, as the case
may be, it is at any time thereafter in order (even though a
previous motion to the same effect has been disagreed to) for any
Member of the respective House to move to proceed to the
consideration of the resolution. The motion is highly privileged
and is not debatable. The motion shall not be subject to amendment,
or to a motion to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of the
resolution is agreed to, the resolution shall remain the unfinished
business of the respective House until disposed of.
(c) Debate
Debate on the resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more than
ten hours, which shall be divided equally between individuals
favoring and individuals opposing the resolution. A motion further
to limit debate is in order and not debatable. An amendment to a
motion to postpone, or a motion to recommit the resolution, or a
motion to proceed to the consideration of other business is not in
order. A motion to reconsider the vote by which the resolution is
agreed to or disagreed to shall not be in order. No amendment to
any concurrent resolution pursuant to the procedures of this
section is in order except as provided in subsection (d) of this
section.
(d) Vote on final approval
Immediately following (1) the conclusion of the debate on such
concurrent resolution, (2) a single quorum call at the conclusion
of debate if requested in accordance with the rules of the
appropriate House, and (3) the consideration of an amendment
introduced by the Majority Leader or his designee to insert the
phrase, "does not" in lieu of the word "does" if the resolution
under consideration is a concurrent resolution of approval, the
vote on final approval of the resolution shall occur.
(e) Appeals from decisions of Chair
Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure relating to
such a resolution shall be decided without debate.
(f) Resolution
For the purposes of subsections (a) through (e) of this section,
the term "resolution" means a concurrent resolution of the
Congress, the matter after the resolving clause of which is as
follows: "That the Congress (does or does not) favor the
transmitted to the Congress by the President on , .", the
blank spaces therein to be appropriately filled, and the
affirmative or negative phrase within the parenthetical to be
appropriately selected.
(g) Continuity of Congressional sessions; computation of time
(1) Except as provided in paragraph (2), for the purposes of this
section -
(A) continuity of session is broken only by an adjournment of
Congress sine die; and
(B) the days on which either House is not in session because of
an adjournment of more than three days to a day certain are
excluded in the computation of any period of time in which
Congress is in continuous session.
(2) For purposes of this section insofar as it applies to section
2153 of this title -
(A) continuity of session is broken only by an adjournment of
Congress sine die at the end of a Congress; and
(B) the days on which either House is not in session because of
an adjournment of more than three days are excluded in the
computation of any period of time in which Congress is in
continuous session.
(h) Supersedure or change in rules
This section is enacted by Congress -
(1) as an exercise of the rulemaking power of the Senate and
the House of Representatives, respectively, and as such they are
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of resolutions described by subsection (f)
of this section; and they supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of either
House to change the rules (so far as relating to the procedure of
that House) at any time, in the same manner and to the same
extent as in the case of any other rule of that House.
(i) Joint resolutions
(1) For the purposes of this subsection, the term "joint
resolution" means a joint resolution, the matter after the
resolving clause of which is as follows: "That the Congress (does
or does not) favor the proposed agreement for cooperation
transmitted to the Congress by the President on .", with the
date of the transmission of the proposed agreement for cooperation
inserted in the blank, and the affirmative or negative phrase
within the parenthetical appropriately selected.
(2) On the day on which a proposed agreement for cooperation is
submitted to the House of Representatives and the Senate under
section 2153(d) of this title, a joint resolution with respect to
such agreement for cooperation shall be introduced (by request) in
the House by the chairman of the Committee on Foreign Affairs, for
himself and the ranking minority member of the Committee, or by
Members of the House designated by the chairman and ranking
minority member; and shall be introduced (by request) in the Senate
by the majority leader of the Senate, for himself and the minority
leader of the Senate, or by Members of the Senate designated by the
majority leader and minority leader of the Senate. If either House
is not in session on the day on which such an agreement for
cooperation is submitted, the joint resolution shall be introduced
in that House, as provided in the preceding sentence, on the first
day thereafter on which that House is in session.
(3) All joint resolutions introduced in the House of
Representatives shall be referred to the appropriate committee or
committees, and all joint resolutions introduced in the Senate
shall be referred to the Committee on Foreign Relations and in
addition, in the case of a proposed agreement for cooperation
arranged pursuant to section 2121(c), 2164(b), or 2164(c) of this
title, the Committee on Armed Services.
(4) If the committee of either House to which a joint resolution
has been referred has not reported it at the end of 45 days after
its introduction, the committee shall be discharged from further
consideration of the joint resolution or of any other joint
resolution introduced with respect to the same matter; except that,
in the case of a joint resolution which has been referred to more
than one committee, if before the end of that 45-day period one
such committee has reported the joint resolution, any other
committee to which the joint resolution was referred shall be
discharged from further consideration of the joint resolution or of
any other joint resolution introduced with respect to the same
matter.
(5) A joint resolution under this subsection shall be considered
in the Senate in accordance with the provisions of section
601(b)(4) of the International Security Assistance and Arms Export
Control Act of 1976. For the purpose of expediting the
consideration and passage of joint resolutions reported or
discharged pursuant to the provisions of this subsection, it shall
be in order for the Committee on Rules of the House of
Representatives to present for consideration a resolution of the
House of Representatives providing procedures for the immediate
consideration of a joint resolution under this subsection which may
be similar, if applicable, to the procedures set forth in section
601(b)(4) of the International Security Assistance and Arms Export
Control Act of 1976.
(6) In the case of a joint resolution described in paragraph (1),
if prior to the passage by one House of a joint resolution of that
House, that House receives a joint resolution with respect to the
same matter from the other House, then -
(A) the procedure in that House shall be the same as if no
joint resolution had been received from the other House; but
(B) the vote on final passage shall be on the joint resolution
of the other House.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 130, as added Pub. L. 95-242,
title III, Sec. 308, Mar. 10, 1978, 92 Stat. 139; amended Pub. L.
99-64, title III, Sec. 301(c), July 12, 1985, 99 Stat. 160;
renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.
24, 1992, 106 Stat. 2944; Pub. L. 103-437, Sec. 15(f)(5), Nov. 2,
1994, 108 Stat. 4592.)
-REFTEXT-
REFERENCES IN TEXT
Section 601(b)(4) of the International Security Assistance and
Arms Export Control Act of 1976, referred to in subsec. (i)(5), is
section 601(b)(4) of Pub. L. 94-329, June 30, 1976, 90 Stat. 729,
which made provision for expedited procedures in the Senate, and is
not classified to the Code.
-MISC1-
AMENDMENTS
1994 - Subsecs. (a), (i)(2). Pub. L. 103-437 substituted "Foreign
Affairs" for "International Relations".
1985 - Subsec. (a). Pub. L. 99-64, Sec. 301(c)(1), struck out
"2153(d)," after "submission of the President required by section",
struck out ", and in addition, in the case of a proposed agreement
for cooperation arranged pursuant to section 2121(c), 2164(b), or
2164(c) of this title, the Committee on Armed Services of the House
of Representatives and the Committee on Armed Services of the
Senate," after "Committee on Foreign Affairs of the House of
Representatives", and struck out in proviso "and if, in the case of
a proposed agreement for cooperation arranged pursuant to section
2121(c), 2164(b), or 2164(c) of this title, the other relevant
committee of that House has reported such a resolution, such
committee shall be deemed discharged from further consideration of
that resolution" after "consideration of such submission".
Subsec. (g). Pub. L. 99-64, Sec. 301(c)(2), designated existing
provisions of subsec. (g) as par. (1), substituted "Except as
provided in paragraph (2), for" for "For", redesignated former
pars. (1) and (2) as subpars. (A) and (B), respectively, and added
par. (2).
Subsec. (i). Pub. L. 99-64, Sec. 301(c)(2)(B), added subsec. (i).
-CHANGE-
CHANGE OF NAME
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-MISC2-
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99-64 applicable to any agreement for
cooperation entered into after July 12, 1985, see section 301(d) of
Pub. L. 99-64, set out as a note under section 2153 of this title.
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
-End-
-CITE-
42 USC Sec. 2160 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2160. Subsequent arrangements
-STATUTE-
(a) Consultation and concurrence; negotiations of a policy nature;
notice of proposed subsequent arrangements; Nuclear Proliferation
Assessment Statement; reprocessing of material
(1) Prior to entering into any proposed subsequent arrangement
under an agreement for cooperation (other than an agreement for
cooperation arranged pursuant to section 2121(c), 2164(b), or
2164(c) of this title), the Secretary of Energy shall obtain the
concurrence of the Secretary of State and shall consult with the
Commission, and the Secretary of Defense: Provided, That the
Secretary of State shall have the leading role in any negotiations
of a policy nature pertaining to any proposed subsequent
arrangement regarding arrangements for the storage or disposition
of irradiated fuel elements or approvals for the transfer, for
which prior approval is required under an agreement for
cooperation, by a recipient of source or special nuclear material,
production or utilization facilities, or nuclear technology. Notice
of any proposed subsequent arrangement shall be published in the
Federal Register, together with the written determination of the
Secretary of Energy that such arrangement will not be inimical to
the common defense and security, and such proposed subsequent
arrangement shall not take effect before fifteen days after
publication. Whenever the Secretary of State is required to prepare
a Nuclear Proliferation Assessment Statement pursuant to paragraph
(2) of this subsection, notice of the proposed subsequent
arrangement which is the subject of the requirement to prepare a
Nuclear Proliferation Assessment Statement shall not be published
until after the receipt by the Secretary of Energy of such
Statement or the expiration of the time authorized by subsection
(c) of this section for the preparation of such Statement,
whichever occurs first.
(2) If in the view of the Secretary of State, Secretary of
Energy, Secretary of Defense, or the Commission a proposed
subsequent arrangement might significantly contribute to
proliferation, the Secretary of State, in consultation with such
Secretary or the Commission, shall prepare an unclassified Nuclear
Proliferation Assessment Statement with regard to such proposed
subsequent arrangement regarding the adequacy of the safeguards and
other control mechanisms and the application of the peaceful use
assurances of the relevant agreement to ensure that assistance to
be furnished pursuant to the subsequent arrangement will not be
used to further any military or nuclear explosive purpose. For the
purposes of this section, the term "subsequent arrangements" means
arrangements entered into by any agency or department of the United
States Government with respect to cooperation with any nation or
group of nations (but not purely private or domestic arrangements)
involving -
(A) contracts for the furnishing of nuclear materials and
equipment;
(B) approvals for the transfer, for which prior approval is
required under an agreement for cooperation, by a recipient of
any source or special nuclear material, production or utilization
facility, or nuclear technology;
(C) authorization for the distribution of nuclear materials and
equipment pursuant to this chapter which is not subject to the
procedures set forth in section 2141(b), section 2155, or section
2139(b) of this title;
(D) arrangements for physical security;
(E) arrangements for the storage or disposition of irradiated
fuel elements;
(F) arrangements for the application of safeguards with respect
to nuclear materials and equipment; or
(G) any other arrangement which the President finds to be
important from the standpoint of preventing proliferation.
(3) The United States will give timely consideration to all
requests for prior approval, when required by this chapter, for the
reprocessing of material proposed to be exported, previously
exported and subject to the applicable agreement for cooperation,
or special nuclear material produced through the use of such
material or a production or utilization facility transferred
pursuant to such agreement for cooperation, or to the altering of
irradiated fuel elements containing such material, and
additionally, to the maximum extent feasible, will attempt to
expedite such consideration when the terms and conditions for such
actions are set forth in such agreement for cooperation or in some
other international agreement executed by the United States and
subject to congressional review procedures comparable to those set
forth in section 2153 of this title.
(4) All other statutory requirements under other sections of this
chapter for the approval or conduct of any arrangement subject to
this subsection shall continue to apply and any other such
requirements for prior approval or conditions for entering such
arrangements shall also be satisfied before the arrangement takes
effect pursuant to paragraph (1).
(b) Reports to Congressional committees; increase in risk of
proliferation
With regard to any special nuclear material exported by the
United States or produced through the use of any nuclear materials
and equipment or sensitive nuclear technology exported by the
United States -
(1) the Secretary of Energy may not enter into any subsequent
arrangement for the retransfer of any such material to a third
country for reprocessing, for the reprocessing of any such
material, or for the subsequent retransfer of any plutonium in
quantities greater than 500 grams resulting from the reprocessing
of any such material, until he has provided the Committee on
Foreign Affairs of the House of Representatives and the Committee
on Foreign Relations of the Senate with a report containing his
reasons for entering into such arrangement and a period of 15
days of continuous session (as defined in section 2159(g) of this
title) has elapsed: Provided, however, That if in the view of the
President an emergency exists due to unforeseen circumstances
requiring immediate entry into a subsequent arrangement, such
period shall consist of fifteen calendar days;
(2) the Secretary of Energy may not enter into any subsequent
arrangement for the reprocessing of any such material in a
facility which has not processed power reactor fuel assemblies or
been the subject of a subsequent arrangement therefor prior to
March 10, 1978, or for subsequent retransfer to a non-nuclear-
weapon state of any plutonium in quantities greater than 500
grams resulting from such reprocessing, unless in his judgment,
and that of the Secretary of State, such reprocessing or
retransfer will not result in a significant increase of the risk
of proliferation beyond that which exists at the time that
approval is requested. Among all the factors in making this
judgment, foremost consideration will be given to whether or not
the reprocessing or retransfer will take place under conditions
that will ensure timely warning to the United States of any
diversion well in advance of the time at which the non-nuclear-
weapon state could transform the diverted material into a
nuclear explosive device; and
(3) the Secretary of Energy shall attempt to ensure, in
entering into any subsequent arrangement for the reprocessing of
any such material in any facility that has processed power
reactor fuel assemblies or been the subject of a subsequent
arrangement therefor prior to March 10, 1978, or for the
subsequent retransfer to any non-nuclear-weapon state of any
plutonium in quantities greater than 500 grams resulting from
such reprocessing, that such reprocessing or retransfer shall
take place under conditions comparable to those which in his
view, and that of the Secretary of State, satisfy the standards
set forth in paragraph (2).
(c) Procedures for consideration of requests for subsequent
arrangements
The Secretary of Energy shall, within ninety days after March 10,
1978, establish orderly and expeditious procedures, including
provision for necessary administrative actions and inter-agency
memoranda of understanding, which are mutually agreeable to the
Secretaries of State, Defense, and Commerce and the Nuclear
Regulatory Commission for the consideration of requests for
subsequent arrangements under this section. Such procedures shall
include, at a minimum, explicit direction on the handling of such
requests, express deadlines for the solicitation and collection of
the views of the consulted agencies (with identified officials
responsible for meeting such deadlines), an inter-agency
coordinating authority to monitor the processing of such requests,
predetermined procedures for the expeditious handling of intra-
agency and inter-agency disagreements and appeals to higher
authorities, frequent meetings of inter-agency administrative
coordinators to review the status of all pending requests, and
similar administrative mechanisms. To the extent practicable, an
applicant should be advised of all the information required of the
applicant for the entire process for every agency's needs at the
beginning of the process. Potentially controversial requests should
be identified as quickly as possible so that any required policy
decisions or diplomatic consultations can be initiated in a timely
manner. An immediate effort should be undertaken to establish
quickly any necessary standards and criteria, including the nature
of any required assurance or evidentiary showings, for the
decisions required under this section. Further, such procedures
shall specify that if he intends to prepare a Nuclear Proliferation
Assessment Statement, the Secretary of State shall so declare in
his response to the Department of Energy. If the Secretary of State
declares that he intends to prepare such a Statement, he shall do
so within sixty days of his receipt of a copy of the proposed
subsequent arrangement (during which time the Secretary of Energy
may not enter into the subsequent arrangement), unless pursuant to
the Secretary of State's request, the President waives the sixty-
day requirement and notifies the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign Relations
of the Senate of such waiver and the justification therefor. The
processing of any subsequent arrangement proposed and filed as of
March 10, 1978, shall not be delayed pending the development and
establishment of procedures to implement the requirements of this
section.
(d) Activities not prohibited, precluded, or limited
Nothing in this section is intended to prohibit, permanently or
unconditionally, the reprocessing of spent fuel owned by a foreign
nation which fuel has been supplied by the United States, to
preclude the United States from full participation in the
International Nuclear Fuel Cycle Evaluation provided for in section
3224 of title 22; to in any way limit the presentation or
consideration in that evaluation of any nuclear fuel cycle by the
United States or any other participation; nor to prejudice open and
objective consideration of the results of the evaluation.
(e) Jurisdiction of Secretary of Energy
Notwithstanding section 7172(d) of this title, the Secretary of
Energy, and not the Federal Energy Regulatory Commission, shall
have sole jurisdiction within the Department of Energy over any
matter arising from any function of the Secretary of Energy in this
section.
(f) Subsequent arrangements involving direct or indirect commitment
of United States for storage or other disposition of foreign
spent nuclear fuel in United States
(1) With regard to any subsequent arrangement under subsection
(a)(2)(E) of this section (for the storage or disposition of
irradiated fuel elements), where such arrangement involves a direct
or indirect commitment of the United States for the storage or
other disposition, interim or permanent, of any foreign spent
nuclear fuel in the United States, the Secretary of Energy may not
enter into any such subsequent arrangement, unless:
(A)(i) Such commitment of the United States has been submitted
to the Congress for a period of sixty days of continuous session
(as defined in section 2159(g) of this title) and has been
referred to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate, but any such commitment shall not become effective if
during such sixty-day period the Congress adopts a concurrent
resolution stating in substance that it does not favor the
commitment, any such commitment to be considered pursuant to the
procedures set forth in section 2159 of this title for the
consideration of Presidential submissions; or (ii) if the
President has submitted a detailed generic plan for such
disposition or storage in the United States to the Congress for a
period of sixty days of continuous session (as defined in section
2159(g) of this title), which plan has been referred to the
Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate and has not been
disapproved during such sixty-day period by the adoption of a
concurrent resolution stating in substance that Congress does not
favor the plan; and the commitment is subject to the terms of an
effective plan. Any such plan shall be considered pursuant to the
procedures set forth in section 2159 of this title for the
consideration of Presidential submissions;
(B) The Secretary of Energy has complied with subsection (a) of
this section; and
(C) The Secretary of Energy has complied, or in the arrangement
will comply with all other statutory requirements of this
chapter, under sections 2074 and 2075 of this title and any other
applicable sections, and any other requirements of law.
(2) Paragraph (1) shall not apply to the storage or other
disposition in the United States of limited quantities of foreign
spent nuclear fuel if the President determines that (A) a
commitment under section 2074 or 2075 of this title of the United
States for storage or other disposition of such limited quantities
in the United States is required by an emergency situation, (B) it
is in the national interest to take such immediate action, and (C)
he notifies the Committees on Foreign Affairs and Science, Space,
and Technology of the House of Representatives and the Committees
on Foreign Relations and Energy and Natural Resources of the Senate
of the determination and action, with a detailed explanation and
justification thereof, as soon as possible.
(3) Any plan submitted by the President under paragraph (1) shall
include a detailed discussion, with detailed information, and any
supporting documentation thereof, relating to policy objectives,
technical description, geographic information, cost data and
justifications, legal and regulatory considerations, environmental
impact information and any related international agreements,
arrangements or understandings.
(4) For the purposes of this subsection, the term "foreign spent
nuclear fuel" shall include any nuclear fuel irradiated in any
nuclear power reactor located outside of the United States and
operated by any foreign legal entity, government or nongovernment,
regardless of the legal ownership or other control of the fuel or
reactor and regardless of the origin or licensing of the fuel or
reactor, but not including fuel irradiated in a research reactor.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 131, as added Pub. L. 95-242,
title III, Sec. 303(a), Mar. 10, 1978, 92 Stat. 127; renumbered
title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
106 Stat. 2944; amended Pub. L. 103-437, Sec. 15(f)(6), Nov. 2,
1994, 108 Stat. 4592; Pub. L. 105-277, div. G, title XII, Sec.
1225(d)(6), (7), Oct. 21, 1998, 112 Stat. 2681-774.)
-MISC1-
AMENDMENTS
1998 - Subsec. (a)(1). Pub. L. 105-277, Sec. 1225(d)(6)(A), in
first sentence, struck out "the Director," after "shall consult
with" and, in third sentence, substituted "the Secretary of State
is required" for "the Director declares that he intends" and "the
requirement to prepare a Nuclear Proliferation Assessment
Statement" for "the Director's declaration".
Subsec. (a)(2). Pub. L. 105-277, Sec. 1225(d)(6)(B), substituted
"view of the Secretary of State, Secretary of Energy, Secretary of
Defense, or the Commission" for "Director's view" and "the
Secretary of State, in consultation with such Secretary or the
Commission, shall prepare" for "he may prepare".
Subsec. (c). Pub. L. 105-277, Sec. 1225(d)(7), struck out ", the
Director of the Arms Control and Disarmament Agency," before "and
the Nuclear" in first sentence and substituted "Secretary of State"
for "Director" in sixth and seventh sentences and "Secretary of
State's" for "Director's" in seventh sentence.
1994 - Subsecs. (b)(1), (c), (f)(1)(A). Pub. L. 103-437, Sec.
15(f)(6)(A), substituted "Foreign Affairs" for "International
Relations" wherever appearing.
Subsec. (f)(2). Pub. L. 103-437 substituted "Foreign Affairs and
Science, Space, and Technology" for "International Relations and
Science and Technology".
-CHANGE-
CHANGE OF NAME
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives and Committee on Science, Space, and Technology of
House of Representatives treated as referring to Committee on
Science of House of Representatives by section 1(a) of Pub. L. 104-
14, set out as a note preceding section 21 of Title 2, The
Congress.
-MISC2-
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
1999, or date of abolition of the United States Arms Control and
Disarmament Agency pursuant to reorganization plan described in
section 6601 of Title 22, Foreign Relations and Intercourse, see
section 1201 of Pub. L. 105-277, set out as an Effective Date note
under section 6511 of Title 22.
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
DELEGATION OF FUNCTIONS
Delegation or assignment to Secretary of Energy of functions
vested in President under subsecs. (a)(2)(G), (b)(1), and (f)(2) of
this section, and of function vested in President under subsec.
(f)(1)(A)(ii) of this section to extent that such function relates
to preparation of a detailed generic plan, see section 1(b) and (c)
of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
section 3201 of Title 22, Foreign Relations and Intercourse.
Secretary of State responsible for performing function vested in
President under subsec. (c) of this section, except that Secretary
of State may not waive 60-day requirement for preparation of a
Nuclear Non-Proliferation Assessment Statement for more than 60
days without approval of President, see section 2(e) of Ex. Ord.
No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201
of Title 22.
-MISC3-
LIMITATIONS ON RECEIPT AND STORAGE OF SPENT NUCLEAR FUEL FROM
FOREIGN RESEARCH REACTORS
Pub. L. 103-160, div. C, title XXXI, Sec. 3151, Nov. 30, 1993,
107 Stat. 1949, provided that:
"(a) Purpose. - It is the purpose of this section to regulate the
receipt and storage of spent nuclear fuel at the Department of
Energy defense nuclear facility located at the Savannah River Site,
South Carolina (in this section referred to as the 'Savannah River
Site').
"(b) Receipt in Emergency Circumstances. - When the Secretary of
Energy determines that emergency circumstances make it necessary to
receive spent nuclear fuel, the Secretary shall submit a
notification of that determination to the Congress. The Secretary
may not receive spent nuclear fuel at the Savannah River Site until
the expiration of the 30-day period beginning on the date on which
the Congress receives the notification.
"(c) Limitation on Storage in Non-emergency Circumstances. - The
Secretary of Energy may not, under other than emergency
circumstances, receive and store at the Savannah River Site any
spent nuclear fuel in excess of the amount that (as of the date of
the enactment of this Act [Nov. 30, 1993]) the Savannah River Site
is capable of receiving and storing, until, with respect to the
receipt and storage of any such spent nuclear fuel -
"(1) the completion of an environmental impact statement under
section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C));
"(2) the expiration of the 90-day period (as prescribed by
regulation pursuant to such Act [42 U.S.C. 4321 et seq.])
beginning on the date of such completion; and
"(3) the signing by the Secretary of a record of decision
following such completion.
"(d) Limitations on Receipt. - The Secretary of Energy may not,
under emergency or non-emergency circumstances, receive spent
nuclear fuel if the spent nuclear fuel -
"(1) cannot be transferred in an expeditious manner from its
port of entry in the United States to a storage facility that is
located at a Department of Energy facility and is capable of
receiving and storing the spent nuclear fuel; or
"(2) will remain on a vessel in the port of entry for a period
that exceeds the period necessary to unload the fuel from the
vessel pursuant to routine unloading procedures.
"(e) Criteria for Port of Entry. - The Secretary of Energy shall,
if economically feasible and to the maximum extent practicable,
provide for the receipt of spent nuclear fuel under this section at
a port of entry in the United States which, as determined by the
Secretary and compared to each other port of entry in the United
States that is capable of receiving the spent nuclear fuel -
"(1) has the lowest human population in the area surrounding
the port of entry;
"(2) is closest in proximity to the facility which will store
the spent nuclear fuel; and
"(3) has the most appropriate facilities for, and experience
in, receiving spent nuclear fuel.
"(f) Definition. - In this section, the term 'spent nuclear fuel'
means nuclear fuel that -
"(1) was originally exported to a foreign country from the
United States in the form of highly enriched uranium; and
"(2) was used in a research reactor by the Government of a
foreign country or by a foreign-owned or foreign-controlled
entity."
PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES
The performance of functions under this chapter, as amended by
the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
1978, 92 Stat. 120, not to be delayed pending development of
procedures even though as many as 120 days [after Mar. 10, 1978]
are allowed for establishing those procedures, see section 5(b) of
Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
section 3201 of Title 22, Foreign Relations and Intercourse.
-End-
-CITE-
42 USC Sec. 2160a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2160a. Review of Nuclear Proliferation Assessment Statements
-STATUTE-
No court or regulatory body shall have any jurisdiction under any
law to compel the performance of or to review the adequacy of the
performance of any Nuclear Proliferation Assessment Statement, or
any annexes thereto, called for in this Act or in this chapter.
-SOURCE-
(Pub. L. 95-242, title IV, Sec. 406, Mar. 10, 1978, 92 Stat. 148;
Pub. L. 105-277, div. G, title XII, Sec. 1225(e)(5), Oct. 21, 1998,
112 Stat. 2681-775.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, means the Nuclear Non-
Proliferation Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat.
120, which is classified principally to chapter 47 (Sec. 3201 et
seq.) of Title 22, Foreign Relations and Intercourse. For complete
classification of this Act to the Code, see Short Title note set
out under section 3201 of Title 22 and Tables.
-COD-
CODIFICATION
Section was enacted as part of the Nuclear Non-Proliferation Act
of 1978, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-MISC1-
AMENDMENTS
1998 - Pub. L. 105-277 inserted ", or any annexes thereto,"
before "called for in".
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
1999, or date of abolition of the United States Arms Control and
Disarmament Agency pursuant to reorganization plan described in
section 6601 of Title 22, Foreign Relations and Intercourse, see
section 1201 of Pub. L. 105-277, set out as an Effective Date note
under section 6511 of Title 22.
EFFECTIVE DATE
Section effective Mar. 10, 1978, except as otherwise provided and
regardless of any requirements for the promulgation of implementing
regulations, see section 603(c) of Pub. L. 95-242, set out as a
note under section 3201 of Title 22, Foreign Relations and
Intercourse.
-End-
-CITE-
42 USC Sec. 2160b 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2160b. Authority to suspend nuclear cooperation with nations
which have not ratified the Convention on the Physical Security
of Nuclear Materials
-STATUTE-
The President may suspend nuclear cooperation under this chapter
with any nation or group of nations which has not ratified the
Convention on the Physical Security of Nuclear Material.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 132, as added Pub. L. 99-399,
title VI, Sec. 602, Aug. 27, 1986, 100 Stat. 875; renumbered title
I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106
Stat. 2944.)
-End-
-CITE-
42 USC Sec. 2160c 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2160c. Consultation with Department of Defense concerning
certain exports and subsequent arrangements
-STATUTE-
(a) In addition to other applicable requirements -
(1) a license may be issued by the Nuclear Regulatory
Commission under this chapter for the export of special nuclear
material described in subsection (b) of this section; and
(2) approval may be granted by the Secretary of Energy under
section 2160 of this title for the transfer of special nuclear
material described in subsection (b) of this section;
only after the Secretary of Defense has been consulted on whether
the physical protection of that material during the export or
transfer will be adequate to deter theft, sabotage, and other acts
of international terrorism which would result in the diversion of
that material. If, in the view of the Secretary of Defense based on
all available intelligence information, the export or transfer
might be subject to a genuine terrorist threat, the Secretary shall
provide to the Nuclear Regulatory Commission or the Secretary of
Energy, as appropriate, his written assessment of the risk and a
description of the actions the Secretary of Defense considers
necessary to upgrade physical protection measures.
(b) Subsection (a) of this section applies to the export or
transfer of more than 2 kilograms of plutonium or more than 5
kilograms of uranium enriched to more than 20 percent in the
isotope 233 or the isotope 235.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 133, as added Pub. L. 99-399,
title VI, Sec. 603, Aug. 27, 1986, 100 Stat. 875; renumbered title
I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106
Stat. 2944; amended Pub. L. 103-236, title VIII, Sec. 829, Apr. 30,
1994, 108 Stat. 521.)
-MISC1-
AMENDMENTS
1994 - Subsec. (b). Pub. L. 103-236 substituted "5 kilograms" for
"20 kilograms".
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-236 effective 60 days after Apr. 30,
1994, see section 831 of Pub. L. 103-236, set out as an Effective
Date note under section 6301 of Title 22, Foreign Relations and
Intercourse.
-End-
-CITE-
42 USC Sec. 2160d 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER X - INTERNATIONAL ACTIVITIES
-HEAD-
Sec. 2160d. Further restrictions on exports
-STATUTE-
(a) In general
Except as provided in subsection (b) of this section, the
Commission may issue a license for the export of highly enriched
uranium to be used as a fuel or target in a nuclear research or
test reactor only if, in addition to any other requirement of this
chapter, the Commission determines that -
(1) there is no alternative nuclear reactor fuel or target
enriched in the isotope 235 to a lesser percent than the proposed
export, that can be used in that reactor;
(2) the proposed recipient of that uranium has provided
assurances that, whenever an alternative nuclear reactor fuel or
target can be used in that reactor, it will use that alternative
in lieu of highly enriched uranium; and
(3) the United States Government is actively developing an
alternative nuclear reactor fuel or target that can be used in
that reactor.
(b) Medical isotope production
(1) Definitions
In this subsection:
(A) Highly enriched uranium
The term "highly enriched uranium" means uranium enriched to
include concentration of U-235 above 20 percent.
(B) Medical isotope
The term "medical isotope" includes Molybdenum 99, Iodine
131, Xenon 133, and other radioactive materials used to produce
a radiopharmaceutical for diagnostic, therapeutic procedures or
for research and development.
(C) Radiopharmaceutical
The term "radiopharmaceutical" means a radioactive isotope
that -
(i) contains byproduct material combined with chemical or
biological material; and
(ii) is designed to accumulate temporarily in a part of the
body for therapeutic purposes or for enabling the production
of a useful image for use in a diagnosis of a medical
condition.
(D) Recipient country
The term "recipient country" means Canada, Belgium, France,
Germany, and the Netherlands.
(2) Licenses
The Commission may issue a license authorizing the export
(including shipment to and use at intermediate and ultimate
consignees specified in the license) to a recipient country of
highly enriched uranium for medical isotope production if, in
addition to any other requirements of this chapter (except
subsection (a) of this section), the Commission determines that -
(A) a recipient country that supplies an assurance letter to
the United States Government in connection with the
consideration by the Commission of the export license
application has informed the United States Government that any
intermediate consignees and the ultimate consignee specified in
the application are required to use the highly enriched uranium
solely to produce medical isotopes; and
(B) the highly enriched uranium for medical isotope
production will be irradiated only in a reactor in a recipient
country that -
(i) uses an alternative nuclear reactor fuel; or
(ii) is the subject of an agreement with the United States
Government to convert to an alternative nuclear reactor fuel
when alternative nuclear reactor fuel can be used in the
reactor.
(3) Review of physical protection requirements
(A) In general
The Commission shall review the adequacy of physical
protection requirements that, as of the date of an application
under paragraph (2), are applicable to the transportation and
storage of highly enriched uranium for medical isotope
production or control of residual material after irradiation
and extraction of medical isotopes.
(B) Imposition of additional requirements
If the Commission determines that additional physical
protection requirements are necessary (including a limit on the
quantity of highly enriched uranium that may be contained in a
single shipment), the Commission shall impose such requirements
as license conditions or through other appropriate means.
(4) First report to Congress
(A) NAS study
The Secretary shall enter into an arrangement with the
National Academy of Sciences to conduct a study to determine -
(i) the feasibility of procuring supplies of medical
isotopes from commercial sources that do not use highly
enriched uranium;
(ii) the current and projected demand and availability of
medical isotopes in regular current domestic use;
(iii) the progress that is being made by the Department of
Energy and others to eliminate all use of highly enriched
uranium in reactor fuel, reactor targets, and medical isotope
production facilities; and
(iv) the potential cost differential in medical isotope
production in the reactors and target processing facilities
if the products were derived from production systems that do
not involve fuels and targets with highly enriched uranium.
(B) Feasibility
For the purpose of this subsection, the use of low enriched
uranium to produce medical isotopes shall be determined to be
feasible if -
(i) low enriched uranium targets have been developed and
demonstrated for use in the reactors and target processing
facilities that produce significant quantities of medical
isotopes to serve United States needs for such isotopes;
(ii) sufficient quantities of medical isotopes are
available from low enriched uranium targets and fuel to meet
United States domestic needs; and
(iii) the average anticipated total cost increase from
production of medical isotopes in such facilities without use
of highly enriched uranium is less than 10 percent.
(C) Report by the Secretary
Not later than 5 years after August 8, 2005, the Secretary
shall submit to Congress a report that -
(i) contains the findings of the National Academy of
Sciences made in the study under subparagraph (A); and
(ii) discloses the existence of any commitments from
commercial producers to provide domestic requirements for
medical isotopes without use of highly enriched uranium
consistent with the feasibility criteria described in
subparagraph (B) not later than the date that is 4 years
after the date of submission of the report.
(5) Second report to Congress
If the study of the National Academy of Sciences determines
under paragraph (4)(A)(i) that the procurement of supplies of
medical isotopes from commercial sources that do not use highly
enriched uranium is feasible, but the Secretary is unable to
report the existence of commitments under paragraph (4)(C)(ii),
not later than the date that is 6 years after August 8, 2005, the
Secretary shall submit to Congress a report that describes
options for developing domestic supplies of medical isotopes in
quantities that are adequate to meet domestic demand without the
use of highly enriched uranium consistent with the cost increase
described in paragraph (4)(B)(iii).
(6) Certification
At such time as commercial facilities that do not use highly
enriched uranium are capable of meeting domestic requirements for
medical isotopes, within the cost increase described in paragraph
(4)(B)(iii) and without impairing the reliable supply of medical
isotopes for domestic utilization, the Secretary shall submit to
Congress a certification to that effect.
(7) Sunset provision
After the Secretary submits a certification under paragraph
(6), the Commission shall, by rule, terminate its review of
export license applications under this subsection.
(c) Definitions
As used in this section -
(1) the term "alternative nuclear reactor fuel or target" means
a nuclear reactor fuel or target which is enriched to less than
20 percent in the isotope U-235;
(2) the term "highly enriched uranium" means uranium enriched
to 20 percent or more in the isotope U-235; and
(3) a fuel or target "can be used" in a nuclear research or
test reactor if -
(A) the fuel or target has been qualified by the Reduced
Enrichment Research and Test Reactor Program of the Department
of Energy, and
(B) use of the fuel or target will permit the large majority
of ongoing and planned experiments and isotope production to be
conducted in the reactor without a large percentage increase in
the total cost of operating the reactor.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 134, as added Pub. L. 102-
486, title IX, Sec. 903(a)(1), Oct. 24, 1992, 106 Stat. 2944; Pub.
L. 109-58, title VI, Sec. 630, Aug. 8, 2005, 119 Stat. 785.)
-MISC1-
AMENDMENTS
2005 - Subsec. (a). Pub. L. 109-58, Sec. 630(1), inserted heading
and substituted "Except as provided in subsection (b) of this
section, the Commission" for "The Commission" in introductory
provisions.
Subsecs. (b), (c). Pub. L. 109-58, Sec. 630(2), (3), added
subsec. (b) and redesignated former subsec. (b) as (c).
-End-
-CITE-
42 USC SUBCHAPTER XI - CONTROL OF INFORMATION 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XI - CONTROL OF INFORMATION
-HEAD-
SUBCHAPTER XI - CONTROL OF INFORMATION
-End-
-CITE-
42 USC Sec. 2161 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XI - CONTROL OF INFORMATION
-HEAD-
Sec. 2161. Policy of Commission
-STATUTE-
It shall be the policy of the Commission to control the
dissemination and declassification of Restricted Data in such a
manner as to assure the common defense and security. Consistent
with such policy, the Commission shall be guided by the following
principles:
(a) Until effective and enforceable international safeguards
against the use of atomic energy for destructive purposes have been
established by an international arrangement, there shall be no
exchange of Restricted Data with other nations except as authorized
by section 2164 of this title; and
(b) The dissemination of scientific and technical information
relating to atomic energy should be permitted and encouraged so as
to provide that free interchange of ideas and criticism which is
essential to scientific and industrial progress and public
understanding and to enlarge the fund of technical information.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 141, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 940; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1810(a) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2162 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XI - CONTROL OF INFORMATION
-HEAD-
Sec. 2162. Classification and declassification of Restricted Data
-STATUTE-
(a) Periodic determination
The Commission shall from time to time determine the data, within
the definition of Restricted Data, which can be published without
undue risk to the common defense and security and shall thereupon
cause such data to be declassified and removed from the category of
Restricted Data.
(b) Continuous review
The Commission shall maintain a continuous review of Restricted
Data and of any Classification Guides issued for the guidance of
those in the atomic energy program with respect to the areas of
Restricted Data which have been declassified in order to determine
which information may be declassified and removed from the category
of Restricted Data without undue risk to the common defense and
security.
(c) Joint determination on atomic weapons; Presidential
determination on disagreement
In the case of Restricted Data which the Commission and the
Department of Defense jointly determine to relate primarily to the
military utilization of atomic weapons, the determination that such
data may be published without constituting an unreasonable risk to
the common defense and security shall be made by the Commission and
the Department of Defense jointly, and if the Commission and the
Department of Defense do not agree, the determination shall be made
by the President.
(d) Removal from Restricted Data category
The Commission shall remove from the Restricted Data category
such data as the Commission and the Department of Defense jointly
determine relates primarily to the military utilization of atomic
weapons and which the Commission and Department of Defense jointly
determine can be adequately safeguarded as defense information:
Provided, however, That no such data so removed from the Restricted
Data category shall be transmitted or otherwise made available to
any nation or regional defense organization, while such data
remains defense information, except pursuant to an agreement for
cooperation entered into in accordance with subsection (b) or (d)
of section 2164 of this title.
(e) Joint determination on atomic energy programs
The Commission shall remove from the Restricted Data category
such information concerning the atomic energy programs of other
nations as the Commission and the Director of Central Intelligence
jointly determine to be necessary to carry out the provisions of
section 102(d) of the National Security Act of 1947, as
amended,(!1) and can be adequately safeguarded as defense
information.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 142, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 941; amended Pub. L. 102-484, div. C,
title XXXI, Sec. 3152, Oct. 23, 1992, 106 Stat. 2644; renumbered
title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
106 Stat. 2944; Pub. L. 103-337, div. A, title XXXI, Sec.
3155(c)(2), (3), Oct. 5, 1994, 108 Stat. 3092.)
-REFTEXT-
REFERENCES IN TEXT
Section 102(d) of the National Security Act of 1947, as amended,
referred to in subsec. (e), was a reference to section 102(d) of
act July 26, 1947, ch. 343, title I, 61 Stat. 497, as amended,
which was classified to section 403(d) of Title 50, War and
National Defense, prior to repeal by Pub. L. 104-293, title VIII,
Sec. 805(a), Oct. 11, 1996, 110 Stat. 3477.
-MISC1-
AMENDMENTS
1994 - Subsec. (d). Pub. L. 103-337, Sec. 3155(c)(2), substituted
"subsection (b) or (d) of section 2164 of this title" for "section
2164(b) of this title".
Subsec. (f). Pub. L. 103-337, Sec. 3155(c)(3), struck out subsec.
(f) which read as follows: "Notwithstanding any other law, the
President may publicly release Restricted Data regarding the
nuclear weapons stockpile of the United States if the United States
and member states of the Commonwealth of Independent States reach
reciprocal agreement on the release of such data."
1992 - Subsec. (f). Pub. L. 102-484 added subsec. (f).
-CHANGE-
CHANGE OF NAME
Reference to the Director of Central Intelligence or the Director
of the Central Intelligence Agency in the Director's capacity as
the head of the intelligence community deemed to be a reference to
the Director of National Intelligence. Reference to the Director of
Central Intelligence or the Director of the Central Intelligence
Agency in the Director's capacity as the head of the Central
Intelligence Agency deemed to be a reference to the Director of the
Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
108-458, set out as a note under section 401 of Title 50, War and
National Defense.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-MISC2-
REVIEW OF CERTAIN DOCUMENTS BEFORE DECLASSIFICATION AND RELEASE
Pub. L. 104-106, div. C, title XXXI, Sec. 3155, Feb. 10, 1996,
110 Stat. 625, which was formerly set out as a note under this
section, was renumbered section 4521 of Pub. L. 107-314, the Bob
Stump National Defense Authorization Act for Fiscal Year 2003, by
Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(11), Nov. 24,
2003, 117 Stat. 1774, and is classified to section 2671 of Title
50, War and National Defense.
-EXEC-
EX. ORD. NO. 10899. COMMUNICATION OF RESTRICTED DATA BY CENTRAL
INTELLIGENCE AGENCY
Ex. Ord. No. 10899, eff. Dec. 9, 1960, 25 F.R. 12729, provided:
By virtue of the authority vested in me by the Atomic Energy Act
of 1954, as amended (hereinafter referred to as the Act; 42 U.S.C.
2011 et seq.), and as President of the United States, it is ordered
as follows:
The Central Intelligence Agency is hereby authorized to
communicate for intelligence purposes, in accordance with the terms
and conditions of any agreement for cooperation arranged pursuant
to subsections 144a, b, or c of the act (42 U.S.C. 2162 (a), (b),
or (c)), such restricted data and data removed from the restricted
data category under subsection 142d of the Act (42 U.S.C. 2162(d))
as is determined
(i) by the President, pursuant to the provisions of the Act, or
(ii) by the Atomic Energy Commission and the Department of
Defense, jointly pursuant to the provisions of Executive Order No.
10841 [set out as a note under section 2153 of this title], to be
transmissible under the agreement for cooperation involved. Such
communications shall be effected through mechanisms established by
the Central Intelligence Agency in accordance with the terms and
conditions of the agreement for cooperation involved: Provided,
that no such communication shall be made by the Central
Intelligence Agency until the proposed communication has been
authorized either in accordance with procedures adopted by the
Atomic Energy Commission and the Department of Defense and
applicable to conduct of programs for cooperation by those
agencies, or in accordance with procedures approved by the Atomic
Energy Commission and the Department of Defense and applicable to
conduct of programs for cooperation by the Central Intelligence
Agency.
Dwight D. Eisenhower.
MODIFICATION OF EXECUTIVE ORDER NO. 10899
Ex. Ord. No. 10899, Dec. 9, 1960, 25 F.R. 12729, set out above,
when referring to functions of the Atomic Energy Commission is
modified to provide that all such functions shall be exercised by
the Secretary of Energy and the Nuclear Regulatory Commission, see
section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957,
set out as a note under section 7151 of this title.
EX. ORD. NO. 11057. COMMUNICATION OF RESTRICTED DATA BY DEPARTMENT
OF STATE
Ex. Ord. No. 11057, eff. Oct. 18, 1962, 27 F.R. 10289, provided:
By virtue of the authority vested in me by the Atomic Energy Act
of 1954, as amended (hereinafter referred to as the Act; 42 U.S.C.
2011 et seq.), and as President of the United States, it is ordered
as follows:
The Department of State is hereby authorized to communicate, in
accordance with the terms and conditions of any agreement for
cooperation arranged pursuant to subsection 144b of the act (42
U.S.C. 2164(b)), such restricted data and data removed from the
restricted data category under subsection 142d of the act (42
U.S.C. 2162(d)) as is determined
(i) by the President, pursuant to the provisions of the Act, or
(ii) by the Atomic Energy Commission and the Department of
Defense, jointly pursuant to the provisions of Executive Order No.
10841, as amended [set out as a note under section 2153 of this
title], to be transmissible under the agreement for cooperation
involved. Such communications shall be effected through mechanisms
established by the Department of State in accordance with the terms
and conditions of the agreement for cooperation involved: Provided,
that no such communication shall be made by the Department of State
until the proposed communication has been authorized either in
accordance with procedures adopted by the Atomic Energy Commission
and the Department of Defense and applicable to conduct of programs
for cooperation by those agencies, or in accordance with procedures
approved by the Atomic Energy Commission and the Department of
Defense and applicable to conduct of programs for cooperation by
the Department of State.
John F. Kennedy.
MODIFICATION OF EXECUTIVE ORDER NO. 11057
Ex. Ord. No. 11057, Oct. 18, 1962, 27 F.R. 10289, set out above,
when referring to functions of the Atomic Energy Commission is
modified to provide that all such functions shall be exercised by
the Secretary of Energy and the Nuclear Regulatory Commission, see
section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957,
set out as a note under section 7151 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
42 USC Sec. 2163 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XI - CONTROL OF INFORMATION
-HEAD-
Sec. 2163. Access to Restricted Data
-STATUTE-
The Commission may authorize any of its employees, or employees
of any contractor, prospective contractor, licensee or prospective
licensee of the Commission or any other person authorized access to
Restricted Data by the Commission under section 2165(b) and (c) of
this title to permit any employee of an agency of the Department of
Defense or of its contractors, or any member of the Armed Forces to
have access to Restricted Data required in the performance of his
duties and so certified by the head of the appropriate agency of
the Department of Defense or his designee: Provided, however, That
the head of the appropriate agency of the Department of Defense or
his designee has determined, in accordance with the established
personnel security procedures and standards of such agency, that
permitting the member or employee to have access to such Restricted
Data will not endanger the common defense and security: And
provided further, That the Secretary of Defense finds that the
established personnel and other security procedures and standards
of such agency are adequate and in reasonable conformity to the
standards established by the Commission under section 2165 of this
title.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 143, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 941; amended Aug. 6, 1956, ch. 1015,
Sec. 14, 70 Stat. 1071; Pub. L. 87-206, Sec. 5, Sept. 6, 1961, 75
Stat. 476; renumbered title I, Pub. L. 102-486, title IX, Sec.
902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1961 - Pub. L. 87-206 inserted reference to subsection (c) of
section 2165 of this title.
1956 - Act Aug. 6, 1956, inserted "or any other person authorized
access to Restricted Data by the Commission under section 2165(b)
of this title".
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2164 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XI - CONTROL OF INFORMATION
-HEAD-
Sec. 2164. International cooperation
-STATUTE-
(a) By Commission
The President may authorize the Commission to cooperate with
another nation and to communicate to that nation Restricted Data on
-
(1) refining, purification, and subsequent treatment of source
material;
(2) civilian reactor development;
(3) production of special nuclear material;
(4) health and safety;
(5) industrial and other applications of atomic energy for
peaceful purposes; and
(6) research and development relating to the foregoing:
Provided, however, That no such cooperation shall involve the
communication of Restricted Data relating to the design or
fabrication of atomic weapons: And provided further, That the
cooperation is undertaken pursuant to an agreement for cooperation
entered into in accordance with section 2153 of this title, or is
undertaken pursuant to an agreement existing on August 30, 1954.
(b) By Department of Defense
The President may authorize the Department of Defense, with the
assistance of the Commission, to cooperate with another nation or
with a regional defense organization to which the United States is
a party, and to communicate to that nation or organization such
Restricted Data (including design information) as is necessary to -
(1) the development of defense plans;
(2) the training of personnel in the employment of and defense
against atomic weapons and other military applications of atomic
energy;
(3) the evaluation of the capabilities of potential enemies in
the employment of atomic weapons and other military applications
of atomic energy; and
(4) the development of compatible delivery systems for atomic
weapons;
whenever the President determines that the proposed cooperation and
the proposed communication of the Restricted Data will promote and
will not constitute an unreasonable risk to the common defense and
security, while such other nation or organization is participating
with the United States pursuant to an international arrangement by
substantial and material contributions to the mutual defense and
security: Provided, however, That the cooperation is undertaken
pursuant to an agreement entered into in accordance with section
2153 of this title.
(c) Exchange of information concerning atomic weapons; research,
development, or design, of military reactors
In addition to the cooperation authorized in subsections (a) and
(b) of this section, the President may authorize the Commission,
with the assistance of the Department of Defense, to cooperate with
another nation and -
(1) to exchange with that nation Restricted Data concerning
atomic weapons: Provided, That communication of such Restricted
Data to that nation is necessary to improve its atomic weapon
design, development, or fabrication capability and provided that
nation has made substantial progress in the development of atomic
weapons; and
(2) to communicate or exchange with that nation Restricted Data
concerning research, development, or design, of military
reactors,
whenever the President determines that the proposed cooperation and
the communication of the proposed Restricted Data will promote and
will not constitute an unreasonable risk to the common defense and
security, while such other nation is participating with the United
States pursuant to an international arrangement by substantial and
material contributions to the mutual defense and security:
Provided, however, That the cooperation is undertaken pursuant to
an agreement entered into in accordance with section 2153 of this
title.
(d) By Department of Energy
(1) In addition to the cooperation authorized in subsections (a),
(b), and (c) of this section, the President may, upon making a
determination described in paragraph (2), authorize the Department
of Energy, with the assistance of the Department of Defense, to
cooperate with another nation to communicate to that nation such
Restricted Data, and the President may, upon making such
determination, authorize the Department of Defense, with the
assistance of the Department of Energy, to cooperate with another
nation to communicate to that nation such data removed from the
Restricted Data category under section 2162 of this title, as is
necessary for -
(A) the support of a program for the control of and accounting
for fissile material and other weapons material;
(B) the support of the control of and accounting for atomic
weapons;
(C) the verification of a treaty; and
(D) the establishment of international standards for the
classification of data on atomic weapons, data on fissile
material, and related data.
(2) A determination referred to in paragraph (1) is a
determination that the proposed cooperation and proposed
communication referred to in that paragraph -
(A) will promote the common defense and security interests of
the United States and the nation concerned; and
(B) will not constitute an unreasonable risk to such common
defense and security interests.
(3) Cooperation under this subsection shall be undertaken
pursuant to an agreement for cooperation entered into in accordance
with section 2153 of this title.
(e) Communication of data by other Government agencies
The President may authorize any agency of the United States to
communicate in accordance with the terms and conditions of an
agreement for cooperation arranged pursuant to subsection (a), (b),
(c), or (d) of this section, such Restricted Data as is determined
to be transmissible under the agreement for cooperation involved.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 144, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 942; amended Pub. L. 85-479, Secs. 5-7,
July 2, 1958, 72 Stat. 278; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
103-337, div. C, title XXXI, Sec. 3155(a), (c)(4), Oct. 5, 1994,
108 Stat. 3091, 3092.)
-MISC1-
AMENDMENTS
1994 - Subsec. (d). Pub. L. 103-337, Sec. 3155(a)(2), added
subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 103-337, Sec. 3155(c)(4), substituted "(c),
or (d)" for "or (c)".
Pub. L. 103-337, Sec. 3155(a)(1), redesignated subsec. (d) as
(e).
1958 - Subsec. (a). Pub. L. 85-479, Sec. 5, substituted "civilian
reactor development" for "reactor development" in cl. (2).
Subsec. (b). Pub. L. 85-479, Sec. 6, authorized communication of
design information, of data concerning other military applications
of atomic energy necessary for the training of personnel or for the
evaluation of the capabilities of potential enemies, and of data
necessary to the development of compatible delivery systems for
atomic weapons, and struck out provisions which prohibited
communication of data which would reveal important information
concerning the design or fabrication of the nuclear components of
atomic weapons.
Subsecs. (c), (d). Pub. L. 85-479, Sec. 7, added subsecs. (c) and
(d).
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
DELEGATION OF FUNCTIONS
Authority vested in President by subsecs. (b) and (c) of this
section delegated to Secretary of Defense and Secretary of Energy,
see section 2(a)(2) and (3) of Ex. Ord. No. 10841, as amended, set
out as a note under section 2153 of this title.
-MISC2-
PROHIBITION ON INSPECTIONS
Pub. L. 104-106, div. C, title XXXI, Sec. 3154(a), Feb. 10, 1996,
110 Stat. 624, which was formerly set out as a note under this
section, was renumbered section 4501(a) of Pub. L. 107-314, the Bob
Stump National Defense Authorization Act for Fiscal Year 2003, by
Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(2)(A)-(C), Nov.
24, 2003, 117 Stat. 1771, and is classified to section 2651(a) of
Title 50, War and National Defense.
-End-
-CITE-
42 USC Sec. 2165 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XI - CONTROL OF INFORMATION
-HEAD-
Sec. 2165. Security restrictions
-STATUTE-
(a) On contractors and licensees
No arrangement shall be made under section 2051 of this title, no
contract shall be made or continued in effect under section 2061 of
this title, and no license shall be issued under section 2133 or
2134 of this title, unless the person with whom such arrangement is
made, the contractor or prospective contractor, or the prospective
licensee agrees in writing not to permit any individual to have
access to Restricted Data until the Director of the Office of
Personnel Management shall have made an investigation and report to
the Commission on the character, associations, and loyalty of such
individual, and the Commission shall have determined that
permitting such person to have access to Restricted Data will not
endanger the common defense and security.
(b) Employment of personnel; access to Restricted Data
Except as authorized by the Commission or the General Manager
upon a determination by the Commission or General Manager that such
action is clearly consistent with the national interest, no
individual shall be employed by the Commission nor shall the
Commission permit any individual to have access to Restricted Data
until the Director of the Office of Personnel Management shall have
made an investigation and report to the Commission on the
character, associations, and loyalty of such individual, and the
Commission shall have determined that permitting such person to
have access to Restricted Data will not endanger the common defense
and security.
(c) Acceptance of investigation and clearance granted by other
Government agencies
In lieu of the investigation and report to be made by the
Director of the Office of Personnel Management pursuant to
subsection (b) of this section, the Commission may accept an
investigation and report on the character, associations, and
loyalty of an individual made by another Government agency which
conducts personnel security investigations, provided that a
security clearance has been granted to such individual by another
Government agency based on such investigation and report.
(d) Investigations by FBI
In the event an investigation made pursuant to subsections (a)
and (b) of this section develops any data reflecting that the
individual who is the subject of the investigation is of
questionable loyalty, the Director of the Office of Personnel
Management shall refer the matter to the Federal Bureau of
Investigation for the conduct of a full field investigation, the
results of which shall be furnished to the Director of the Office
of Personnel Management for his information and appropriate action.
(e) Presidential investigation
(1) If the President deems it to be in the national interest he
may from time to time determine that investigations of any group or
class which are required by subsections (a), (b), and (c) of this
section be made by the Federal Bureau of Investigation.
(2) In the case of an individual employed in a program known as a
Special Access Program, any investigation required by subsections
(a), (b), and (c) of this section shall be made by the Federal
Bureau of Investigation.
(f) Performance of personnel security investigations by FBI
(1) Notwithstanding the provisions of subsections (a), (b), and
(c) of this section, but subject to subsection (e) of this section,
a majority of the members of the Commission may direct that an
investigation required by such provisions on an individual
described in paragraph (2) be carried out by the Federal Bureau of
Investigation rather than by the Civil Service Commission.
(2) An individual described in this paragraph is an individual
who is employed -
(A) in a program certified by a majority of the members of the
Commission to be of a high degree of importance or sensitivity;
or
(B) in any other specific position certified by a majority of
the members of the Commission to be of a high degree of
importance or sensitivity.
(g) Investigation standards
The Commission shall establish standards and specifications in
writing as to the scope and extent of investigations, the reports
of which will be utilized by the Commission in making the
determination, pursuant to subsections (a), (b), and (c) of this
section, that permitting a person access to restricted data will
not endanger the common defense and security. Such standards and
specifications shall be based on the location and class or kind of
work to be done, and shall, among other considerations, take into
account the degree of importance to the common defense and security
of the restricted data to which access will be permitted.
(h) War time clearance
Whenever the Congress declares that a state of war exists, or in
the event of a national disaster due to enemy attack, the
Commission is authorized during the state of war or period of
national disaster due to enemy attack to employ individuals and to
permit individuals access to Restricted Data pending the
investigation report, and determination required by subsection (b)
of this section, to the extent that and so long as the Commission
finds that such action is required to prevent impairment of its
activities in furtherance of the common defense and security.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 145, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 942; amended Pub. L. 85-681, Sec. 5,
Aug. 19, 1958, 72 Stat. 633; Pub. L. 87-206, Sec. 6, Sept. 6, 1961,
75 Stat. 476; Pub. L. 87-615, Sec. 10, Aug. 29, 1962, 76 Stat. 411;
1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037,
92 Stat. 3783; renumbered title I, Pub. L. 102-486, title IX, Sec.
902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 106-65, div. C,
title XXXI, Sec. 3144(a), Oct. 5, 1999, 113 Stat. 934; Pub. L. 108-
136, div. C, title XXXI, Sec. 3131, Nov. 24, 2003, 117 Stat.
1749.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1810(b)(5) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
2003 - Subsec. (e)(2). Pub. L. 108-136, Sec. 3131(b), struck out
"or a Personnel Security and Assurance Program" after "Special
Access Program".
Subsec. (f). Pub. L. 108-136, Sec. 3131(a), amended text of
subsec. (f) generally. Prior to amendment, text read as follows:
"Notwithstanding the provisions of subsections (a), (b), and (c) of
this section, a majority of the members of the Commission shall
certify those specific positions which are of a high degree of
importance or sensitivity, and upon such certification, the
investigation and reports required by such provisions shall be made
by the Federal Bureau of Investigation."
1999 - Subsec. (e). Pub. L. 106-65 designated existing provisions
as par. (1) and added par. (2).
1962 - Subsec. (f). Pub. L. 87-615 struck out the comma after
"investigation".
1961 - Subsecs. (c), (d). Pub. L. 87-206 added subsec. (c) and
redesignated former subsecs. (c) and (d) as (d) and (e),
respectively.
Subsec. (e). Pub. L. 87-206 redesignated former subsec. (d) as
(e) and amended provisions by substituting "determine that" for
"cause investigations", inserting reference to subsection (c) of
this section and striking out "instead of by the Civil Service
Commission" after "Federal Bureau of Investigation". Former subsec.
(e) redesignated (f).
Subsec. (f). Pub. L. 87-206 redesignated former subsec. (e) as
(f) and amended provisions by inserting reference to subsection (c)
of this section and striking out "instead of by the Civil Service
Commission" after "Federal Bureau of Investigation". Former subsec.
(f) redesignated (g).
Subsecs. (g), (h). Pub. L. 87-206 redesignated former subsec. (f)
as (g) and amended provisions by substituting ", the reports of
which will be utilized by the Commission in making the
determination, pursuant to subsections (a), (b), and (c) of this
section, that permitting a person access to restricted data will
not endanger the common defense and security" for "to be made by
the Civil Service Commission pursuant to subsections (a) and (b) of
this section." Former subsec. (g) redesignated (h).
1958 - Subsec. (g). Pub. L. 85-681 added subsec. (g).
IMPLEMENTATION OF SUBSECTION (E)(2)
Pub. L. 106-65, div. C, title XXXI, Sec. 3144(b), (c), Oct. 5,
1999, 113 Stat. 934, provided that:
"(b) Compliance. - The Director of the Federal Bureau of
Investigation shall have 18 months from the date of the enactment
of this Act [Oct. 5, 1999] to meet the responsibilities of the
Bureau under subsection e.(2) of section 145 of the Atomic Energy
Act of 1954 [42 U.S.C. 2165(e)(2)], as added by subsection (a).
"(c) Report. - (1) Not later than six months after the date of
the enactment of this Act, the Director of the Federal Bureau of
Investigation shall submit to the committees specified in paragraph
(2) a report on the implementation of the responsibilities of the
Bureau under subsection e.(2) of that section. That report shall
include the following:
"(A) An assessment of the capability of the Bureau to execute
the additional clearance requirements, to include additional post-
initial investigations.
"(B) An estimate of the additional resources required, to
include funding, to support the expanded use of the Bureau to
conduct the additional investigations.
"(C) The extent to which contractor personnel are and would be
used in the clearance process.
"(2) The committees referred to in paragraph (1) are the
following:
"(A) The Committee on Armed Services and the Select Committee
on Intelligence of the Senate.
"(B) The Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives."
-TRANS-
TRANSFER OF FUNCTIONS
"Director of the Office of Personnel Management" and "his"
substituted for "Civil Service Commission" and "its", respectively,
in subsecs. (a) to (d), pursuant to Reorg. Plan No. 2 of 1978, Sec.
102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of
Title 5, Government Organization and Employees, which transferred
all functions vested by statute in United States Civil Service
Commission to Director of Office of Personnel Management (except as
otherwise specified), effective Jan. 1, 1979, as provided by
section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055,
set out under section 1101 of Title 5.
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2166 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XI - CONTROL OF INFORMATION
-HEAD-
Sec. 2166. Applicability of other laws
-STATUTE-
(a) Sections 2161 to 2165 of this title shall not exclude the
applicable provisions of any other laws, except that no Government
agency shall take any action under such other laws inconsistent
with the provisions of those sections.
(b) The Commission shall have no power to control or restrict the
dissemination of information other than as granted by this or any
other law.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 146, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 943; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1810(b)(6) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2167 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XI - CONTROL OF INFORMATION
-HEAD-
Sec. 2167. Safeguards information
-STATUTE-
(a) Confidentiality of certain types of information; issuance of
regulations and orders; considerations for exercise of
Commission's authority; disclosure of routes and quantities of
shipment; civil penalties; withholding of information from
Congressional committees
In addition to any other authority or requirement regarding
protection from disclosure of information, and subject to
subsection (b)(3) of section 552 of title 5, the Commission shall
prescribe such regulations, after notice and opportunity for public
comment, or issue such orders, as necessary to prohibit the
unauthorized disclosure of safeguards information which
specifically identifies a licensee's or applicant's detailed -
(1) control and accounting procedures or security measures
(including security plans, procedures, and equipment) for the
physical protection of special nuclear material, by whomever
possessed, whether in transit or at fixed sites, in quantities
determined by the Commission to be significant to the public
health and safety or the common defense and security;
(2) security measures (including security plans, procedures,
and equipment) for the physical protection of source material or
byproduct material, by whomever possessed, whether in transit or
at fixed sites, in quantities determined by the Commission to be
significant to the public health and safety or the common defense
and security; or
(3) security measures (including security plans, procedures,
and equipment) for the physical protection of and the location of
certain plant equipment vital to the safety of production or
utilization facilities involving nuclear materials covered by
paragraphs (1) and (2) (!1)
if the unauthorized disclosure of such information could reasonably
be expected to have a significant adverse effect on the health and
safety of the public or the common defense and security by
significantly increasing the likelihood of theft, diversion, or
sabotage of such material or such facility. The Commission shall
exercise the authority of this subsection -
(A) so as to apply the minimum restrictions needed to protect
the health and safety of the public or the common defense and
security, and
(B) upon a determination that the unauthorized disclosure of
such information could reasonably be expected to have a
significant adverse effect on the health and safety of the public
or the common defense and security by significantly increasing
the likelihood of theft, diversion, or sabotage of such material
or such facility.
Nothing in this chapter shall authorize the Commission to prohibit
the public disclosure of information pertaining to the routes and
quantities of shipments of source material, by-product material,
high level nuclear waste, or irradiated nuclear reactor fuel. Any
person, whether or not a licensee of the Commission, who violates
any regulation adopted under this section shall be subject to the
civil monetary penalties of section 2282 of this title. Nothing in
this section shall be construed to authorize the withholding of
information from the duly authorized committees of the Congress.
(b) Regulations or orders issued under this section and section
2201(b) of this title for purposes of section 2273 of this title
For the purposes of section 2273 of this title, any regulations
or orders prescribed or issued by the Commission under this section
shall also be deemed to be prescribed or issued under section
2201(b) of this title.
(c) Judicial review
Any determination by the Commission concerning the applicability
of this section shall be subject to judicial review pursuant to
subsection (a)(4)(B) of section 552 of title 5.
(d) Reports to Congress; contents
Upon prescribing or issuing any regulation or order under
subsection (a) of this section, the Commission shall submit to
Congress a report that:
(1) specifically identifies the type of information the
Commission intends to protect from disclosure under the
regulation or order;
(2) specifically states the Commission's justification for
determining that unauthorized disclosure of the information to be
protected from disclosure under the regulation or order could
reasonably be expected to have a significant adverse effect on
the health and safety of the public or the common defense and
security by significantly increasing the likelihood of theft,
diversion, or sabotage of such material or such facility, as
specified under subsection (a) of this section; and
(3) provides justification, including proposed alternative
regulations or orders, that the regulation or order applies only
the minimum restrictions needed to protect the health and safety
of the public or the common defense and security.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 147, as added Pub. L. 96-295,
title II, Sec. 207(a)(1), June 30, 1980, 94 Stat. 788; renumbered
title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
106 Stat. 2944.)
-COD-
CODIFICATION
Subsection (e) of this section, which required the Commission to
submit to Congress on a quarterly basis a report detailing the
Commission's application during that period of every regulation or
order prescribed or issued under this section, terminated,
effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,
as amended, set out as a note under section 1113 of Title 31, Money
and Finance. See, also, item 7 on page 186 of House Document No.
103-7.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-FOOTNOTE-
(!1) So in original. Probably should be followed by a semicolon.
-End-
-CITE-
42 USC Sec. 2168 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XI - CONTROL OF INFORMATION
-HEAD-
Sec. 2168. Dissemination of unclassified information
-STATUTE-
(a) Dissemination prohibited; rules and regulations; determinations
of Secretary prerequisite to issuance of prohibiting regulations
or orders; criteria
(1) In addition to any other authority or requirement regarding
protection from dissemination of information, and subject to
section 552(b)(3) of title 5, the Secretary of Energy (hereinafter
in this section referred to as the "Secretary"), with respect to
atomic energy defense programs, shall prescribe such regulations,
after notice and opportunity for public comment thereon, or issue
such orders as may be necessary to prohibit the unauthorized
dissemination of unclassified information pertaining to -
(A) the design of production facilities or utilization
facilities;
(B) security measures (including security plans, procedures,
and equipment) for the physical protection of (i) production or
utilization facilities, (ii) nuclear material contained in such
facilities, or (iii) nuclear material in transit; or
(C) the design, manufacture, or utilization of any atomic
weapon or component if the design, manufacture, or utilization of
such weapon or component was contained in any information
declassified or removed from the Restricted Data category by the
Secretary (or the head of the predecessor agency of the
Department of Energy) pursuant to section 2162 of this title.
(2) The Secretary may prescribe regulations or issue orders under
paragraph (1) to prohibit the dissemination of any information
described in such paragraph only if and to the extent that the
Secretary determines that the unauthorized dissemination of such
information could reasonably be expected to have a significant
adverse effect on the health and safety of the public or the common
defense and security by significantly increasing the likelihood of
(A) illegal production of nuclear weapons, or (B) theft, diversion,
or sabotage of nuclear materials, equipment, or facilities.
(3) In making a determination under paragraph (2), the Secretary
may consider what the likelihood of an illegal production, theft,
diversion, or sabotage referred to in such paragraph would be if
the information proposed to be prohibited from dissemination under
this section were at no time available for dissemination.
(4) The Secretary shall exercise his authority under this
subsection to prohibit the dissemination of any information
described in paragraph (1) of this subsection -
(A) so as to apply the minimum restrictions needed to protect
the health and safety of the public or the common defense and
security; and
(B) upon a determination that the unauthorized dissemination of
such information could reasonably be expected to result in a
significant adverse effect on the health and safety of the public
or the common defense and security by significantly increasing
the likelihood of (i) illegal production of nuclear weapons, or
(ii) theft, diversion, or sabotage of nuclear materials,
equipment, or facilities.
(5) Nothing in this section shall be construed to authorize the
Secretary to authorize the withholding of information from the
appropriate committees of the Congress.
(b) Civil penalties
(1) Any person who violates any regulation or order of the
Secretary issued under this section with respect to the
unauthorized dissemination of information shall be subject to a
civil penalty, to be imposed by the Secretary, of not to exceed
$100,000 for each such violation. The Secretary may compromise,
mitigate, or remit any penalty imposed under this subsection.
(2) The provisions of subsections (b) and (c) of section 2282 of
this title, shall be applicable with respect to the imposition of
civil penalties by the Secretary under this section in the same
manner that such provisions are applicable to the imposition of
civil penalties by the Commission under subsection (a) of such
section.
(c) Criminal penalties
For the purposes of section 2273 of this title, any regulation
prescribed or order issued by the Secretary under this section
shall also be deemed to be prescribed or issued under section
2201(b) of this title.
(d) Judicial review
Any determination by the Secretary concerning the applicability
of this section shall be subject to judicial review pursuant to
section 552(a)(4)(B) of title 5.
(e) Quarterly reports for interested persons; contents
The Secretary shall prepare on a quarterly basis a report to be
made available upon the request of any interested person, detailing
the Secretary's application during that period of each regulation
or order prescribed or issued under this section. In particular,
such report shall -
(1) identify any information protected from disclosure pursuant
to such regulation or order;
(2) specifically state the Secretary's justification for
determining that unauthorized dissemination of the information
protected from disclosure under such regulation or order could
reasonably be expected to have a significant adverse effect on
the health and safety of the public or the common defense and
security by significantly increasing the likelihood of illegal
production of nuclear weapons, or theft, diversion, or sabotage
of nuclear materials, equipment, or facilities, as specified
under subsection (a) of this section; and
(3) provide justification that the Secretary has applied such
regulation or order so as to protect from disclosure only the
minimum amount of information necessary to protect the health and
safety of the public or the common defense and security.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 148, as added Pub. L. 97-90,
title II, Sec. 210(a)(1), Dec. 4, 1981, 95 Stat. 1169; amended Pub.
L. 97-415, Sec. 17, Jan. 4, 1983, 96 Stat. 2076; renumbered title
I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106
Stat. 2944.)
-MISC1-
AMENDMENTS
1983 - Subsec. (a)(1). Pub. L. 97-415, Sec. 17(a), inserted ",
with respect to atomic energy defense programs," after
"(hereinafter in this section referred to as the 'Secretary')".
Subsecs. (d), (e). Pub. L. 97-415, Sec. 17(b), added subsecs. (d)
and (e).
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2169 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XI - CONTROL OF INFORMATION
-HEAD-
Sec. 2169. Fingerprinting for criminal history record checks
-STATUTE-
(a) In general
(1)(A)(i) The Commission shall require each individual or entity
described in clause (ii) to fingerprint each individual described
in subparagraph (B) before the individual described in subparagraph
(B) is permitted access under subparagraph (B).
(ii) The individuals and entities referred to in clause (i) are
individuals and entities that, on or before the date on which an
individual is permitted access under subparagraph (B) -
(I) are licensed or certified to engage in an activity subject
to regulation by the Commission;
(II) have filed an application for a license or certificate to
engage in an activity subject to regulation by the Commission; or
(III) have notified the Commission in writing of an intent to
file an application for licensing, certification, permitting, or
approval of a product or activity subject to regulation by the
Commission.
(B) The Commission shall require to be fingerprinted any
individual who -
(i) is permitted unescorted access to -
(I) a utilization facility; or
(II) radioactive material or other property subject to
regulation by the Commission that the Commission determines to
be of such significance to the public health and safety or the
common defense and security as to warrant fingerprinting and
background checks; or
(ii) is permitted access to safeguards information under
section 2167 of this title.
(2) All fingerprints obtained by an individual or entity as
required in paragraph (1) shall be submitted to the Attorney
General of the United States through the Commission for
identification and a criminal history records check.
(3) The costs of an identification or records check under
paragraph (2) shall be paid by the individual or entity required to
conduct the fingerprinting under paragraph (1)(A).
(4) Notwithstanding any other provision of law -
(A) the Attorney General may provide any result of an
identification or records check under paragraph (2) to the
Commission; and
(B) the Commission, in accordance with regulations prescribed
under this section, may provide the results to the individual or
entity required to conduct the fingerprinting under paragraph
(1)(A).
(b) Waiver
The Commission, by rule, may relieve persons from the obligations
imposed by this section, upon specified terms, conditions, and
periods, if the Commission finds that such action is consistent
with its obligations to promote the common defense and security and
to protect the health and safety of the public.
(c) Regulations
For purposes of administering this section, the Commission shall
prescribe requirements -
(1) to implement procedures for the taking of fingerprints;
(2) to establish the conditions for use of information received
from the Attorney General, in order -
(A) to limit the redissemination of such information;
(B) to ensure that such information is used solely for the
purpose of determining whether an individual shall be permitted
unescorted access to a utilization facility, radioactive
material, or other property described in subsection (a)(1)(B)
of this section or shall be permitted access to safeguards
information under section 2167 of this title;
(C) to ensure that no final determination may be made solely
on the basis of information provided under this section
involving -
(i) an arrest more than 1 year old for which there is no
information of the disposition of the case; or
(ii) an arrest that resulted in dismissal of the charge or
an acquittal; and
(D) to protect individuals subject to fingerprinting under
this section from misuse of the criminal history records; and
(3) to provide each individual subject to fingerprinting under
this section with the right to complete, correct, and explain
information contained in the criminal history records prior to
any final adverse determination.
(d) Use of biometric methods
The Commission may require a person or individual to conduct
fingerprinting under subsection (a)(1) of this section by
authorizing or requiring the use of any alternative biometric
method for identification that has been approved by -
(1) the Attorney General; and
(2) the Commission, by regulation.
(e) Processing fees; use of amounts collected
(1) The Commission may establish and collect fees to process
fingerprints and criminal history records under this section.
(2) Notwithstanding section 3302(b) of title 31, and to the
extent approved in appropriation Acts -
(A) a portion of the amounts collected under this subsection in
any fiscal year may be retained and used by the Commission to
carry out this section; and
(B) the remaining portion of the amounts collected under this
subsection in such fiscal year may be transferred periodically to
the Attorney General and used by the Attorney General to carry
out this section.
(3) Any amount made available for use under paragraph (2) shall
remain available until expended.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 149, as added Pub. L. 99-399,
title VI, Sec. 606(a), Aug. 27, 1986, 100 Stat. 876; renumbered
title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
106 Stat. 2944; Pub. L. 109-58, title VI, Sec. 652, Aug. 8, 2005,
119 Stat. 810.)
-MISC1-
AMENDMENTS
2005 - Subsec. (a). Pub. L. 109-58, Sec. 652(1), revised and
restructured provisions of subsec. (a). Prior to amendment, subsec.
(a) read as follows: "The Nuclear Regulatory Commission (in this
section referred to as the 'Commission') shall require each
licensee or applicant for a license to operate a utilization
facility under section 2133 or 2134(b) of this title to fingerprint
each individual who is permitted unescorted access to the facility
or is permitted access to safeguards information under section 2167
of this title. All fingerprints obtained by a licensee or applicant
as required in the preceding sentence shall be submitted to the
Attorney General of the United States through the Commission for
identification and a criminal history records check. The costs of
any identification and records check conducted pursuant to the
preceding sentence shall be paid by the licensee or applicant.
Notwithstanding any other provision of law, the Attorney General
may provide all the results of the search to the Commission, and,
in accordance with regulations prescribed under this section, the
Commission may provide such results to the licensee or applicant
submitting such fingerprints." Amendment by Pub. L. 109-58, Sec.
652(1)(D), which misquoted the sentence to be stricken by leaving
out the word "the" before "licensee", was nevertheless executed to
reflect the probable intent of Congress.
Subsec. (c). Pub. L. 109-58, Sec. 652(2)(A), substituted
"requirements - " for ", subject to public notice and comment,
regulations - " in introductory provisions.
Subsec. (c)(2)(B). Pub. L. 109-58, Sec. 652(2)(B), substituted
"unescorted access to a utilization facility, radioactive material,
or other property described in subsection (a)(1)(B) of this
section" for "unescorted access to the facility of a licensee or
applicant".
Subsecs. (d), (e). Pub. L. 109-58, Sec. 652(3), (4), added
subsec. (d) and redesignated former subsec. (d) as (e).
EFFECTIVE DATE
Section 606(b) of Pub. L. 99-399 provided that: "The provisions
of subsection a. of section 149 of the Atomic Energy Act of 1954
[subsec. (a) of this section], as added by this Act, shall take
effect upon the promulgation of regulations by the Nuclear
Regulatory Commission as set forth in subsection c. of such section
[subsec. (c) of this section]. Such regulations shall be
promulgated not later than 6 months after the date of the enactment
of this Act [Aug. 27, 1986]."
-End-
-CITE-
42 USC SUBCHAPTER XII - PATENTS AND INVENTIONS 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XII - PATENTS AND INVENTIONS
-HEAD-
SUBCHAPTER XII - PATENTS AND INVENTIONS
-End-
-CITE-
42 USC Sec. 2181 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XII - PATENTS AND INVENTIONS
-HEAD-
Sec. 2181. Inventions relating to atomic weapons, and filing of
reports
-STATUTE-
(a) Denial of patent; revocation of prior patents
No patent shall hereafter be granted for any invention or
discovery which is useful solely in the utilization of special
nuclear material or atomic energy in an atomic weapon. Any patent
granted for any such invention or discovery is revoked, and just
compensation shall be made therefor.
(b) Denial of rights; revocation of prior rights
No patent hereafter granted shall confer any rights with respect
to any invention or discovery to the extent that such invention or
discovery is used in the utilization of special nuclear material or
atomic energy in atomic weapons. Any rights conferred by any patent
heretofore granted for any invention or discovery are revoked to
the extent that such invention or discovery is so used, and just
compensation shall be made therefor.
(c) Report of invention to Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent
and Trademark Office
Any person who has made or hereafter makes any invention or
discovery useful in the production or utilization of special
nuclear material or atomic energy, shall file with the Commission a
report containing a complete description thereof unless such
invention or discovery is described in an application for a patent
filed with the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and Trademark
Office by such person within the time required for the filing of
such report. The report covering any such invention or discovery
shall be filed on or before the one hundred and eightieth day after
such person first discovers or first has reason to believe that
such invention or discovery is useful in such production or
utilization.
(d) Report to Commission by Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent
and Trademark Office
The Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office shall
notify the Commission of all applications for patents heretofore or
hereafter filed which, in his opinion, disclose inventions or
discoveries required to be reported under subsection (c) of this
section, and shall provide the Commission access to all such
applications.
(e) Confidential information; circumstances permitting disclosure
Reports filed pursuant to subsection (c) of this section, and
applications to which access is provided under subsection (d) of
this section, shall be kept in confidence by the Commission, and no
information concerning the same given without authority of the
inventor or owner unless necessary to carry out the provisions of
any Act of Congress or in such special circumstances as may be
determined by the Commission.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 151, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 943; amended Pub. L. 87-206, Secs. 7-9,
Sept. 6, 1961, 75 Stat. 477; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(18)], Nov.
29, 1999, 113 Stat. 1536, 1501A-585.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1811(a) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
1999 - Subsecs. (c), (d). Pub. L. 106-113 substituted "Under
Secretary of Commerce for Intellectual Property and Director of the
United States Patent and Trademark Office" for "Commissioner of
Patents".
1961 - Pub. L. 87-206, Sec. 7, substituted provision concerning
inventions relating to atomic weapons and filing of reports for
provision relating to military utilization in section catchline.
Subsec. (c). Pub. L. 87-206, Sec. 8, struck out designation as
cl. (1) of provision relating to production or utilization of
special nuclear material or atomic energy and cls. (2) and (3)
relating to utilization of special nuclear material in an atomic
weapon and utilization of atomic energy in an atomic weapon,
respectively, and substituted "the one hundred and eightieth day"
for "whichever of the following is the later: either the ninetieth
day after completion of such invention or discovery; or the
ninetieth day".
Subsec. (e). Pub. L. 87-206, Sec. 9, added subsec. (e).
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-
113, set out as a note under section 1 of Title 35, Patents.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-MISC2-
EMERGENCY RELIEF FROM POSTAL SITUATION AFFECTING ATOMIC ENERGY
CASES
Excusal of delayed fees or actions affected by postal situation
beginning on Mar. 18, 1970, and ending on or about Mar. 30, 1970,
see note set out under section 111 of Title 35, Patents.
-End-
-CITE-
42 USC Sec. 2182 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XII - PATENTS AND INVENTIONS
-HEAD-
Sec. 2182. Inventions conceived during Commission contracts;
ownership; waiver; hearings
-STATUTE-
Any invention or discovery, useful in the production or
utilization of special nuclear material or atomic energy, made or
conceived in the course of or under any contract, subcontract, or
arrangement entered into with or for the benefit of the Commission,
regardless of whether the contract, subcontract, or arrangement
involved the expenditure of funds by the Commission, shall be
vested in, and be the property of, the Commission, except that the
Commission may waive its claim to any such invention or discovery
under such circumstances as the Commission may deem appropriate,
consistent with the policy of this section. No patent for any
invention or discovery, useful in the production or utilization of
special nuclear material or atomic energy, shall be issued unless
the applicant files with the application, or within thirty days
after request therefor by the Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent and
Trademark Office (unless the Commission advises the Under Secretary
of Commerce for Intellectual Property and Director of the United
States Patent and Trademark Office that its rights have been
determined and that accordingly no statement is necessary) a
statement under oath setting forth the full facts surrounding the
making or conception of the invention or discovery described in the
application and whether the invention or discovery was made or
conceived in the course of or under any contract, subcontract, or
arrangement entered into with or for the benefit of the Commission,
regardless of whether the contract, subcontract, or arrangement
involved the expenditure of funds by the Commission. The Under
Secretary of Commerce for Intellectual Property and Director of the
United States Patent and Trademark Office shall as soon as the
application is otherwise in condition for allowance forward copies
of the application and the statement to the Commission.
The Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office may
proceed with the application and issue the patent to the applicant
(if the invention or discovery is otherwise patentable) unless the
Commission, within 90 days after receipt of copies of the
application and statement, directs the Under Secretary of Commerce
for Intellectual Property and Director of the United States Patent
and Trademark Office to issue the patent to the Commission (if the
invention or discovery is otherwise patentable) to be held by the
Commission as the agent of and on behalf of the United States.
If the Commission files such a direction with the Under Secretary
of Commerce for Intellectual Property and Director of the United
States Patent and Trademark Office, and if the applicant's
statement claims, and the applicant still believes, that the
invention or discovery was not made or conceived in the course of
or under any contract, subcontract or arrangement entered into with
or for the benefit of the Commission entitling the Commission to
the title to the application or the patent the applicant may,
within 30 days after notification of the filing of such a
direction, request a hearing before the Board of Patent Appeals and
Interferences. The Board shall have the power to hear and determine
whether the Commission was entitled to the direction filed with the
Under Secretary of Commerce for Intellectual Property and Director
of the United States Patent and Trademark Office. The Board shall
follow the rules and procedures established for interference cases
and an appeal may be taken by either the applicant or the
Commission from the final order of the Board to the United States
Court of Appeals for the Federal Circuit in accordance with the
procedures governing the appeals from the Board of Patent Appeals
and Interferences.
If the statement filed by the applicant should thereafter be
found to contain false material statements any notification by the
Commission that it has no objections to the issuance of a patent to
the applicant shall not be deemed in any respect to constitute a
waiver of the provisions of this section or of any applicable civil
or criminal statute, and the Commission may have the title to the
patent transferred to the Commission on the records of the Under
Secretary of Commerce for Intellectual Property and Director of the
United States Patent and Trademark Office in accordance with the
provisions of this section. A determination of rights by the
Commission pursuant to a contractual provision or other arrangement
prior to the request of the Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent and
Trademark Office for the statement, shall be final in the absence
of false material statements or nondisclosure of material facts by
the applicant.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 152, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 944; amended Pub. L. 87-206, Sec. 10,
Sept. 6, 1961, 75 Stat. 477; Pub. L. 87-615, Sec. 11, Aug. 29,
1962, 76 Stat. 411; Pub. L. 97-164, title I, Sec. 162(2), Apr. 2,
1982, 96 Stat. 49; Pub. L. 98-622, title II, Sec. 205(b), Nov. 8,
1984, 98 Stat. 3388; renumbered title I, Pub. L. 102-486, title IX,
Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 106-113,
div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(19)], Nov. 29,
1999, 113 Stat. 1536, 1501A-585.)
-MISC1-
AMENDMENTS
1999 - Pub. L. 106-113 substituted "Under Secretary of Commerce
for Intellectual Property and Director of the United States Patent
and Trademark Office" for "Commissioner of Patents" wherever
appearing.
1984 - Pub. L. 98-622, in third par., substituted "the Board of
Patent Appeals and Interferences" for "a Board of Patent
Interferences" and "the Board of Patent Interferences".
1982 - Pub. L. 97-164 substituted "United States Court of Appeals
for the Federal Circuit" for "Court of Customs and Patent Appeals"
in third par.
1962 - Pub. L. 87-615 substituted "allowance" for "allowances"
before "forward copies of the application" in first par.
1961 - Pub. L. 87-206 clarified language concerning Commission's
patent rights on inventions made or conceived under contract,
subcontract, or arrangement with Commission, striking out language
extending Commission's patent rights to other relationships and
activities in connection with Commission contracts, provided for
waiver of patent rights consistent with the policy of this section
and for finality of determinations of Commission, and dispensed
with need for statement to Commissioner of Patents under certain
circumstances.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-
113, set out as a note under section 1 of Title 35, Patents.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-622, effective three months after Nov. 8,
1984, see section 207 of Pub. L. 98-622, set out as a note under
section 41 of Title 35, Patents.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
402 of Pub. L. 97-164, set out as a note under section 171 of Title
28, Judiciary and Judicial Procedure.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-End-
-CITE-
42 USC Sec. 2183 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XII - PATENTS AND INVENTIONS
-HEAD-
Sec. 2183. Nonmilitary utilization
-STATUTE-
(a) Declaration of public interest
The Commission may, after giving the patent owner an opportunity
for a hearing, declare any patent to be affected with the public
interest if (1) the invention or discovery covered by the patent is
of primary importance in the production or utilization of special
nuclear material or atomic energy; and (2) the licensing of such
invention or discovery under this section is of primary importance
to effectuate the policies and purposes of this chapter.
(b) Action by Commission
Whenever any patent has been declared affected with the public
interest, pursuant to subsection (a) of this section -
(1) the Commission is licensed to use the invention or
discovery covered by such patent in performing any of its powers
under this chapter; and
(2) any person may apply to the Commission for a nonexclusive
patent license to use the invention or discovery covered by such
patent, and the Commission shall grant such patent license to the
extent that it finds that the use of the invention or discovery
is of primary importance to the conduct of an activity by such
person authorized under this chapter.
(c) Application for patent
Any person -
(1) who has made application to the Commission for a license
under sections 2073, 2092, 2093, 2111, 2133 or 2134 of this
title, or a permit or lease under section 2097 of this title;
(2) to whom such license, permit, or lease has been issued by
the Commission;
(3) who is authorized to conduct such activities as such
applicant is conducting or proposes to conduct under a general
license issued by the Commission under sections 2092 or 2111 of
this title; or
(4) whose activities or proposed activities are authorized
under section 2051 of this title,
may at any time make application to the Commission for a patent
license for the use of an invention or discovery useful in the
production or utilization of special nuclear material or atomic
energy covered by a patent. Each such application shall set forth
the nature and purpose of the use which the applicant intends to
make of the patent license, the steps taken by the applicant to
obtain a patent license from the owner of the patent, and a
statement of the effects, as estimated by the applicant, on the
authorized activities which will result from failure to obtain such
patent license and which will result from the granting of such
patent license.
(d) Hearings
Whenever any person has made an application to the Commission for
a patent license pursuant to subsection (c) of this section -
(1) the Commission, within 30 days after the filing of such
application, shall make available to the owner of the patent all
of the information contained in such application, and shall
notify the owner of the patent of the time and place at which a
hearing will be held by the Commission;
(2) the Commission shall hold a hearing within 60 days after
the filing of such application at a time and place designated by
the Commission; and
(3) in the event an applicant applies for two or more patent
licenses, the Commission may, in its discretion, order the
consolidation of such applications, and if the patents are owned
by more than one owner, such owners may be made parties to one
hearing.
(e) Commission's findings
If, after any hearing conducted pursuant to subsection (d) of
this section, the Commission finds that -
(1) the invention or discovery covered by the patent is of
primary importance in the production or utilization of special
nuclear material or atomic energy;
(2) the licensing of such invention or discovery is of primary
importance to the conduct of the activities of the applicant;
(3) the activities to which the patent license are proposed to
be applied by such applicant are of primary importance to the
furtherance of policies and purposes of this chapter; and
(4) such applicant cannot otherwise obtain a patent license
from the owner of the patent on terms which the Commission deems
to be reasonable for the intended use of the patent to be made by
such applicant,
the Commission shall license the applicant to use the invention or
discovery covered by the patent for the purposes stated in such
application on terms deemed equitable by the Commission and
generally not less fair than those granted by the patentee or by
the Commission to similar licensees for comparable use.
(f) Limitations on issuance of patent
The Commission shall not grant any patent license pursuant to
subsection (e) of this section for any other purpose than that
stated in the application. Nor shall the Commission grant any
patent license to any other applicant for a patent license on the
same patent without an application being made by such applicant
pursuant to subsection (c) of this section, and without separate
notification and hearing as provided in subsection (d) of this
section, and without a separate finding as provided in subsection
(e) of this section.
(g) Royalty fees
The owner of the patent affected by a declaration or a finding
made by the Commission pursuant to subsection (b) or (e) of this
section shall be entitled to a reasonable royalty fee from the
licensee for any use of an invention or discovery licensed by this
section. Such royalty fee may be agreed upon by such owner and the
patent licensee, or in the absence of such agreement shall be
determined for each patent license by the Commission pursuant to
section 2187(c) of this title.
(h) Effective period
The provisions of this section shall apply to any patent the
application for which shall have been filed before September 1,
1979.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 153, as added Aug. 20, 1954,
ch. 1073, Sec. 1, 68 Stat. 945; amended Pub. L. 86-50, Sec. 114,
June 23, 1959, 73 Stat. 87; Pub. L. 88-394, Sec. 1, Aug. 1, 1964,
78 Stat. 376; Pub. L. 91-161, Sec. 1, Dec. 24, 1969, 83 Stat. 444;
Pub. L. 93-377, Sec. 6, Aug. 17, 1974, 88 Stat. 475; renumbered
title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1811(c)(1), (2) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
1974 - Subsec. (h). Pub. L. 93-377 substituted "September 1,
1979" for "September 1, 1974".
1969 - Subsec. (h). Pub. L. 91-161 substituted "September 1,
1974" for "September 1, 1969".
1964 - Subsec. (h). Pub. L. 88-394 substituted "September 1,
1969" for "September 1, 1964".
1959 - Subsec. (h). Pub. L. 86-50 substituted "September 1, 1964"
for "September 1, 1959".
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-End-
-CITE-
42 USC Sec. 2184 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XII - PATENTS AND INVENTIONS
-HEAD-
Sec. 2184. Injunctions; measure of damages
-STATUTE-
No court shall have jurisdiction or power to stay, restrain, or
otherwise enjoin the use of any invention or discovery by a patent
licensee, to the extent that such use is licensed by section
2183(b) or 2183(e) of this title. If, in any action against such
patent licensee, the court shall determine that the defendant is
exercising such license, the measure of damages shall be the
royalty fee determined pursuant to section 2187(c) of this title,
together with such costs, interest, and reasonable attorney's fees
as may be fixed by the court. If no royalty fee has been
determined, the court shall stay the proceeding until the royalty
fee is determined pursuant to section 2187(c) of this title. If any
such patent licensee shall fail to pay such royalty fee, the
patentee may bring an action in any court of competent jurisdiction
for such royalty fee, together with such costs, interest, and
reasonable attorney's fees as may be fixed by the court.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 154, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 946; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1811(c)(3) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-End-
-CITE-
42 USC Sec. 2185 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XII - PATENTS AND INVENTIONS
-HEAD-
Sec. 2185. Prior art
-STATUTE-
In connection with applications for patents covered by this
subchapter, the fact that the invention or discovery was known or
used before shall be a bar to the patenting of such invention or
discovery even though such prior knowledge or use was under secrecy
within the atomic energy program of the United States.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 155, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 947; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-End-
-CITE-
42 USC Sec. 2186 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XII - PATENTS AND INVENTIONS
-HEAD-
Sec. 2186. Commission patent licenses
-STATUTE-
The Commission shall establish standard specifications upon which
it may grant a patent license to use any patent declared to be
affected with the public interest pursuant to section 2183(a) of
this title. Such a patent license shall not waive any of the other
provisions of this chapter.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 156, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 947; amended Pub. L. 96-517, Sec. 7(a),
Dec. 12, 1980, 94 Stat. 3027; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-517 substituted "patent declared to be
affected" for "patent held by the Commission or declared to be
affected".
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-517 effective July 1, 1981, but
implementing regulations authorized to be issued earlier, see
section 8(f) of Pub. L. 96-517, set out as a note under section 41
of Title 35, Patents.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-End-
-CITE-
42 USC Sec. 2187 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XII - PATENTS AND INVENTIONS
-HEAD-
Sec. 2187. Compensation, awards, and royalties
-STATUTE-
(a) Patent Compensation Board
The Commission shall designate a Patent Compensation Board to
consider applications under this section. The members of the Board
shall receive a per diem compensation for each day spent in
meetings or conferences, and all members shall receive their
necessary traveling or other expenses while engaged in the work of
the Board. The members of the Board may serve as such without
regard to the provisions of sections 281, 283, or 284 (!1) of title
18, except in so far as such sections may prohibit any such member
from receiving compensation in respect of any particular matter
which directly involves the Commission or in which the Commission
is directly interested.
(b) Eligibility
(1) Any owner of a patent licensed under section 2188 or 2183(b)
or 2183(e) of this title, or any patent licensee thereunder may
make application to the Commission for the determination of a
reasonable royalty fee in accordance with such procedures as the
Commission by regulation may establish.
(2) Any person seeking to obtain the just compensation provided
in section 2181 of this title shall make application therefor to
the Commission in accordance with such procedures as the Commission
may by regulation establish.
(3) Any person making any invention or discovery useful in the
production or utilization of special nuclear material or atomic
energy, who is not entitled to compensation or a royalty therefor
under this chapter and who has complied with the provisions of
section 2181(c) of this title may make application to the
Commission for, and the Commission may grant, an award. The
Commission may also, after consultation with the General Advisory
Committee, and with the approval of the President, grant an award
for any especially meritorious contribution to the development,
use, or control of atomic energy.
(c) Standards
(1) In determining a reasonable royalty fee as provided for in
section 2183(b) or 2183(e) of this title, the Commission shall take
into consideration (A) the advice of the Patent Compensation Board;
(B) any defense, general or special, that might be pleaded by a
defendant in an action for infringement; (C) the extent to which,
if any, such patent was developed through federally financed
research; and (D) the degree of utility, novelty, and importance of
the invention or discovery, and may consider the cost to the owner
of the patent of developing such invention or discovery or
acquiring such patent.
(2) In determining what constitutes just compensation as provided
for in section 2181 of this title, or in determining the amount of
any award under subsection (b)(3) of this section, the Commission
shall take into account the considerations set forth in paragraph
(1) of this subsection and the actual use of such invention or
discovery. Such compensation may be paid by the Commission in
periodic payments or in a lump sum.
(d) Limitations
Every application under this section shall be barred unless filed
within six years after the date on which first accrues the right to
such reasonable royalty fee, just compensation, or award for which
such application is filed.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 157, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 947; amended Pub. L. 87-206, Sec. 11,
Sept. 6, 1961, 75 Stat. 478; Pub. L. 93-276, title II, Sec. 201,
May 10, 1974, 88 Stat. 119; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-REFTEXT-
REFERENCES IN TEXT
Sections 281, 283, and 284 of title 18, referred to in subsec.
(a), were repealed by Pub. L. 87-849, Sec. 2, Oct. 23, 1962, 76
Stat. 1126, except as sections 281 and 283 apply to retired
officers of the Armed Forces of the United States, and were
supplanted by sections 203, 205, and 207, respectively, of Title
18, Crimes and Criminal Procedures. For further details, see
"Exemptions" note set out under section 203 of Title 18.
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1811(e)(1) to (3) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
1974 - Subsec. (b)(3). Pub. L. 93-276 substituted "after
consultation with the General Advisory Committee" for "upon the
recommendation of the General Advisory Committee".
1961 - Subsec. (d). Pub. L. 87-206 added subsec. (d).
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. Patent Compensation Board
established by this section transferred to Energy Research and
Development Administration and functions of Atomic Energy
Commission with respect thereto transferred to Administrator by
section 5814(d) of this title. See, also, notes set out under
sections 5814 and 5841 of this title. Energy Research and
Development Administration terminated and functions vested by law
in Administrator thereof transferred to Secretary of Energy (unless
otherwise specifically provided) by sections 7151(a) and 7293 of
this title.
-MISC2-
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period following Jan.
5, 1973, unless, in the case of a committee established by the
President or an officer of the Federal Government, such committee
is renewed by appropriate action prior to the expiration of such 2-
year period, or in the case of a committee established by the
Congress, its duration is otherwise provided for by law. See
section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
in the Appendix to Title 5, Government Organization and Employees.
-EXEC-
EX. ORD. NO. 11477. AWARDS BY COMMISSION WITHOUT APPROVAL OF
PRESIDENT
Ex. Ord. No. 11477, eff. Aug. 7, 1969, 34 F.R. 12937, provided:
By virtue of the authority vested in me by section 301 of title 3
of the United States Code, and as President of the United States,
it is ordered as follows:
The Atomic Energy Commission is hereby designated and empowered,
without approval, ratification, or other action by the President,
to grant by the unanimous affirmative vote of all of its members
not more than five awards in any calendar year, not exceeding the
sum of $5,000 each, pursuant to the last sentence of section
157b(3) of the Atomic Energy Act of 1954 (42 U.S.C. 2187(b)(3))
which authorizes the Commission to grant awards for especially
meritorious contributions to the development, use, or control of
atomic energy.
Richard Nixon.
MODIFICATION OF EXECUTIVE ORDER NO. 11477
Ex. Ord. No. 11477, Aug. 7, 1969, 34 F.R. 12937, set out as a
note above, when referring to functions of the Atomic Energy
Commission is modified to provide that all such functions shall be
exercised by the Secretary of Energy and the Nuclear Regulatory
Commission, see section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3,
1978, 43 F.R. 4957, set out as a note under section 7151 of this
title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
42 USC Sec. 2188 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XII - PATENTS AND INVENTIONS
-HEAD-
Sec. 2188. Monopolistic use of patents
-STATUTE-
Whenever the owner of any patent hereafter granted for any
invention or discovery of primary use in the utilization or
production of special nuclear material or atomic energy is found by
a court of competent jurisdiction to have intentionally used such
patent in a manner so as to violate any of the antitrust laws
specified in section 2135(a) of this title, there may be included
in the judgment of the court, in its discretion and in addition to
any other lawful sanctions, a requirement that such owner license
such patent to any other licensee of the Commission who
demonstrates a need therefor. If the court, at its discretion,
deems that such licensee shall pay a reasonable royalty to the
owner of the patent, the reasonable royalty shall be determined in
accordance with section 2187 of this title.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 158, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 947; amended Pub. L. 87-206, Sec. 12,
Sept. 6, 1961, 75 Stat. 478; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1961 - Pub. L. 87-206 made it discretionary, rather than
mandatory, for the court to require payment of royalties by a
licensee to the owner of a patent.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-End-
-CITE-
42 USC Sec. 2189 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XII - PATENTS AND INVENTIONS
-HEAD-
Sec. 2189. Federally financed research
-STATUTE-
Nothing in this chapter shall affect the right of the Commission
to require that patents granted on inventions, made or conceived
during the course of federally financed research or operations, be
assigned to the United States.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 159, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 948; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-End-
-CITE-
42 USC Sec. 2190 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XII - PATENTS AND INVENTIONS
-HEAD-
Sec. 2190. Saving clause for prior patent applications
-STATUTE-
Any patent application on which a patent was denied by the United
States Patent and Trademark Office under sections 1811(a)(1),
1811(a)(2), or 1811(b) (!1) of this title, and which is not
prohibited by section 2181 or 2185 of this title may be reinstated
upon application to the Commissioner of Patents and Trademarks
within one year after August 30, 1954 and shall then be deemed to
have been continuously pending since its original filing date:
Provided, however, That no patent issued upon any patent
application so reinstated shall in any way furnish a basis of claim
against the Government of the United States.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 160, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 948; amended Pub. L. 93-596, Sec. 3,
Jan. 2, 1975, 88 Stat. 1949; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-REFTEXT-
REFERENCES IN TEXT
Sections 1811(a)(1), 1811(a)(2), and 1811(b) of this title,
referred to in text, were omitted from the Code in the general
amendment and renumbering of act Aug. 1, 1946 (which was classified
to section 1801 et seq. of this title) by act Aug. 30, 1954, ch.
1073, 68 Stat. 919.
-CHANGE-
CHANGE OF NAME
Patent Office and Commissioner of Patents changed to Patent and
Trademark Office and Commissioner of Patents and Trademarks,
respectively, pursuant to Pub. L. 93-596, Sec. 3, Jan. 2, 1975, 88
Stat. 1949, set out as a note under section 1 of Title 35, Patents.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
42 USC SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-End-
-CITE-
42 USC Sec. 2201 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2201. General duties of Commission
-STATUTE-
In the performance of its functions the Commission is authorized
to -
(a) Establishment of advisory boards
establish advisory boards to advise with and make
recommendations to the Commission on legislation, policies,
administration, research, and other matters, provided that the
Commission issues regulations setting forth the scope, procedure,
and limitations of the authority of each such board;
(b) Standards governing use and possession of material
establish by rule, regulation, or order, such standards and
instructions to govern the possession and use of special nuclear
material, source material, and byproduct material as the
Commission may deem necessary or desirable to promote the common
defense and security or to protect health or to minimize danger
to life or property; in addition, the Commission shall prescribe
such regulations or orders as may be necessary or desirable to
promote the Nation's common defense and security with regard to
control, ownership, or possession of any equipment or device, or
important component part especially designed for such equipment
or device, capable of separating the isotopes of uranium or
enriching uranium in the isotope 235;
(c) Studies and investigations
make such studies and investigations, obtain such information,
and hold such meetings or hearings as the Commission may deem
necessary or proper to assist it in exercising any authority
provided in this chapter, or in the administration or enforcement
of this chapter, or any regulations or orders issued thereunder.
For such purposes the Commission is authorized to administer
oaths and affirmations, and by subpena to require any person to
appear and testify, or to appear and produce documents, or both,
at any designated place. Witnesses subpenaed under this
subsection shall be paid the same fees and mileage as are paid
witnesses in the district courts of the United States;
(d) Employment of personnel
appoint and fix the compensation of such officers and employees
as may be necessary to carry out the functions of the Commission.
Such officers and employees shall be appointed in accordance with
the civil-service laws and their compensation fixed in accordance
with chapter 51 and subchapter III of chapter 53 of title 5,
except that, to the extent the Commission deems such action
necessary to the discharge of its responsibilities, personnel may
be employed and their compensation fixed without regard to such
laws: Provided, however, That no officer or employee (except such
officers and employees whose compensation is fixed by law, and
scientific and technical personnel up to a limit of the highest
rate of grade 18 of the General Schedule) whose position would be
subject to chapter 51 and subchapter III of chapter 53 of title
5, if such provisions were applicable to such position, shall be
paid a salary at a rate in excess of the rate payable under such
provisions for positions of equivalent difficulty or
responsibility. Such rates of compensation may be adopted by the
Commission as may be authorized by chapter 51 and subchapter III
of chapter 53 of title 5, as of the same date such rates are
authorized for positions subject to such provisions. The
Commission shall make adequate provision for administrative
review of any determination to dismiss any employee;
(e) Acquisition of material, property, etc.; negotiation of
commercial leases
acquire such material, property, equipment, and facilities,
establish or construct such buildings and facilities, and modify
such buildings and facilities from time to time, as it may deem
necessary, and construct, acquire, provide, or arrange for such
facilities and services (at project sites where such facilities
and services are not available) for the housing, health, safety,
welfare, and recreation of personnel employed by the Commission
as it may deem necessary, subject to the provisions of section
2224 of this title: Provided, however, That in the communities
owned by the Commission, the Commission is authorized to grant
privileges, leases and permits upon adjusted terms which (at the
time of the initial grant of any privilege grant, lease, or
permit, or renewal thereof, or in order to avoid inequities or
undue hardship prior to the sale by the United States of property
affected by such grant) are fair and reasonable to responsible
persons to operate commercial businesses without advertising and
without advertising (!1) and without securing competitive bids,
but taking into consideration, in addition to the price, and
among other things (1) the quality and type of services required
by the residents of the community, (2) the experience of each
concession applicant in the community and its surrounding area,
(3) the ability of the concession applicant to meet the needs of
the community, and (4) the contribution the concession applicant
has made or will make to the other activities and general welfare
of the community;
(f) Utilization of other Federal agencies
with the consent of the agency concerned, utilize or employ the
services or personnel of any Government agency or any State or
local government, or voluntary or uncompensated personnel, to
perform such functions on its behalf as may appear desirable;
(g) Acquisition of real and personal property
acquire, purchase, lease, and hold real and personal property,
including patents, as agent of and on behalf of the United
States, subject to the provisions of section 2224 of this title,
and to sell, lease, grant, and dispose of such real and personal
property as provided in this chapter;
(h) Consideration of license applications
consider in a single application one or more of the activities
for which a license is required by this chapter, combine in a
single license one or more of such activities, and permit the
applicant or licensee to incorporate by reference pertinent
information already filed with the Commission;
(i) Regulations governing Restricted Data
prescribe such regulations or orders as it may deem necessary
(1) to protect Restricted Data received by any person in
connection with any activity authorized pursuant to this chapter,
(2) to guard against the loss or diversion of any special nuclear
material acquired by any person pursuant to section 2073 of this
title or produced by any person in connection with any activity
authorized pursuant to this chapter, to prevent any use or
disposition thereof which the Commission may determine to be
inimical to the common defense and security, including
regulations or orders designating activities, involving
quantities of special nuclear material which in the opinion of
the Commission are important to the common defense and security,
that may be conducted only by persons whose character,
associations, and loyalty shall have been investigated under
standards and specifications established by the Commission and as
to whom the Commission shall have determined that permitting each
such person to conduct the activity will not be inimical to the
common defense and security, (3) to govern any activity
authorized pursuant to this chapter, including standards and
restrictions governing the design, location, and operation of
facilities used in the conduct of such activity, in order to
protect health and to minimize danger to life or property, and
(4) to ensure that sufficient funds will be available for the
decommissioning of any production or utilization facility
licensed under section 2133 or 2134(b) of this title, including
standards and restrictions governing the control, maintenance,
use, and disbursement by any former licensee under this chapter
that has control over any fund for the decommissioning of the
facility;
(j) Disposition of surplus materials
without regard to the provisions of the Federal Property and
Administrative Services Act of 1949, as amended,(!2) except
section 207 of that Act,(!2) or any other law, make such
disposition as it may deem desirable of (1) radioactive
materials, and (2) any other property, the special disposition of
which is, in the opinion of the Commission, in the interest of
the national security: Provided, however, That the property
furnished to licensees in accordance with the provisions of
subsection (m) of this section shall not be deemed to be property
disposed of by the Commission pursuant to this subsection;
(k) Carrying of firearms; authority to make arrests without
warrant
authorize such of its members, officers, and employees as it
deems necessary in the interest of the common defense and
security to carry firearms while in the discharge of their
official duties. The Commission may also authorize such of those
employees of its contractors and subcontractors (at any tier)
engaged in the protection of property under the jurisdiction of
the United States located at facilities owned by or contracted to
the United States or being transported to or from such facilities
as it deems necessary in the interests of the common defense and
security to carry firearms while in the discharge of their
official duties. A person authorized to carry firearms under this
subsection may, while in the performance of, and in connection
with, official duties, make arrests without warrant for any
offense against the United States committed in that person's
presence or for any felony cognizable under the laws of the
United States if that person has reasonable ground to believe
that the individual to be arrested has committed or is committing
such felony. An employee of a contractor or subcontractor
authorized to carry firearms under this subsection may make such
arrests only when the individual to be arrested is within, or in
direct flight from, the area of such offense. A person granted
authority to make arrests by this subsection may exercise that
authority only in the enforcement of (1) laws regarding the
property of the United States in the custody of the Department of
Energy, the Nuclear Regulatory Commission, or a contractor of the
Department of Energy or Nuclear Regulatory Commission, or (2) any
provision of this chapter that may subject an offender to a fine,
imprisonment, or both. The arrest authority conferred by this
subsection is in addition to any arrest authority under other
laws. The Secretary, with the approval of the Attorney General,
shall issue guidelines to implement this subsection;
(l) Repealed. Pub. L. 87-456, title III, Sec. 303(c), May 24,
1962, 76 Stat. 78
(m) Agreements regarding production
enter into agreements with persons licensed under section 2133,
2134, 2073(a)(4), or 2093(a)(4) of this title for such periods of
time as the Commission may deem necessary or desirable (1) to
provide for the processing, fabricating, separating, or refining
in facilities owned by the Commission of source, byproduct, or
other material or special nuclear material owned by or made
available to such licensees and which is utilized or produced in
the conduct of the licensed activity, and (2) to sell, lease, or
otherwise make available to such licensees such quantities of
source or byproduct material, and other material not defined as
special nuclear material pursuant to this chapter, as may be
necessary for the conduct of the licensed activity: Provided,
however, That any such agreement may be canceled by the licensee
at any time upon payment of such reasonable cancellation charges
as may be agreed upon by the licensee and the Commission: And
provided further, That the Commission shall establish prices to
be paid by licensees for material or services to be furnished by
the Commission pursuant to this subsection, which prices shall be
established on such a nondiscriminatory basis as, in the opinion
of the Commission, will provide reasonable compensation to the
Government for such material or services and will not discourage
the development of sources of supply independent of the
Commission;
(n) Delegation of functions
delegate to the General Manager or other officers of the
Commission any of those functions assigned to it under this
chapter except those specified in sections 2071, 2077(b), 2091,
2138, 2153, 2165(b) of this title (with respect to the
determination of those persons to whom the Commission may reveal
Restricted Data in the national interest), 2165(f) of this title
and subsection (a) of this section;
(o) Reports
require by rule, regulation, or order, such reports, and the
keeping of such records with respect to, and to provide for such
inspections of, activities and studies of types specified in
section 2051 of this title and of activities under licenses
issued pursuant to sections 2073, 2093, 2111, 2133, and 2134 of
this title, as may be necessary to effectuate the purposes of
this chapter, including section 2135 of this title; and
(p) Rules and regulations
make, promulgate, issue, rescind, and amend such rules and
regulations as may be necessary to carry out the purposes of this
chapter.
(q) Easements for rights-of-way
The Commission is authorized and empowered, under such terms
and conditions as are deemed advisable by it, to grant easements
for rights-of-way over, across, in, and upon acquired lands under
its jurisdiction and control, and public lands permanently
withdrawn or reserved for the use of the Commission, to any
State, political subdivision thereof, or municipality, or to any
individual, partnership, or corporation of any State, Territory,
or possession of the United States, for (a) railroad tracks; (b)
oil pipe lines; (c) substations for electric power transmission
lines, telephone lines, and telegraph lines, and pumping stations
for gas, water, sewer, and oil pipe lines; (d) canals; (e)
ditches; (f) flumes; (g) tunnels; (h) dams and reservoirs in
connection with fish and wildlife programs, fish hatcheries, and
other fish-cultural improvements; (i) roads and streets; and (j)
for any other purpose or purposes deemed advisable by the
Commission: Provided, That such rights-of-way shall be granted
only upon a finding by the Commission that the same will not be
incompatible with the public interest: Provided further, That
such rights-of-way shall not include any more land than is
reasonably necessary for the purpose for which granted: And
provided further, That all or any part of such rights-of-way may
be annulled and forfeited by the Commission for failure to comply
with the terms and conditions of any grant hereunder or for
nonuse for a period of two consecutive years or abandonment of
rights granted under authority hereof. Copies of all instruments
granting easements over public lands pursuant to this section
shall be furnished to the Secretary of the Interior.
(r) Sale of utilities and related services
Under such regulations and for such periods and at such prices
the Commission may prescribe, the Commission may sell or contract
to sell to purchasers within Commission-owned communities or in
the immediate vicinity of the Commission community, as the case
may be, any of the following utilities and related services, if
it is determined that they are not available from another local
source and that the sale is in the interest of the national
defense or in the public interest:
(1) Electric power.
(2) Steam.
(3) Compressed air.
(4) Water.
(5) Sewage and garbage disposal.
(6) Natural, manufactured, or mixed gas.
(7) Ice.
(8) Mechanical refrigeration.
(9) Telephone service.
Proceeds of sales under this subsection shall be credited to
the appropriation currently available for the supply of that
utility or service. To meet local needs the Commission may make
minor expansions and extensions of any distributing system or
facility within or in the immediate vicinity of a Commission-
owned community through which a utility or service is furnished
under this subsection.
(s) Succession of authority
establish a plan for a succession of authority which will
assure the continuity of direction of the Commission's operations
in the event of a national disaster due to enemy activity.
Notwithstanding any other provision of this chapter, the person
or persons succeeding to command in the event of disaster in
accordance with the plan established pursuant to this subsection
shall be vested with all of the authority of the Commission:
Provided, That any such succession to authority, and vesting of
authority shall be effective only in the event and as long as a
quorum of three or more members of the Commission is unable to
convene and exercise direction during the disaster period:
Provided further, That the disaster period includes the period
when attack on the United States is imminent and the post-attack
period necessary to reestablish normal lines of command;
(t) Contracts
enter into contracts for the processing, fabricating,
separating, or refining in facilities owned by the Commission of
source, byproduct or other material, or special nuclear material,
in accordance with and within the period of an agreement for
cooperation while comparable services are available to persons
licensed under section 2133 or 2134 of this title: Provided, That
the prices for services under such contracts shall be no less
than the prices currently charged by the Commission pursuant to
subsection (m) of this section;
(u) Additional contracts; guiding principles; appropriations
(1) enter into contracts for such periods of time as the
Commission may deem necessary or desirable, but not to exceed
five years from the date of execution of the contract, for the
purchase or acquisition of reactor services or services related
to or required by the operation of reactors;
(2)(A) enter into contracts for such periods of time as the
Commission may deem necessary or desirable for the purchase or
acquisition of any supplies, equipment, materials, or services
required by the Commission whenever the Commission determines
that: (i) it is advantageous to the Government to make such
purchase or acquisition from commercial sources; (ii) the
furnishing of such supplies, equipment, materials, or services
will require the construction or acquisition of special
facilities by the vendors or suppliers thereof; (iii) the
amortization chargeable to the Commission constitutes an
appreciable portion of the cost of contract performance,
excluding cost of materials; and (iv) the contract for such
period is more advantageous to the Government than a similar
contract not executed under the authority of this subsection.
Such contracts shall be entered into for periods not to exceed
five years each from the date of initial delivery of such
supplies, equipment, materials, or services or ten years from the
date of execution of the contracts excluding periods of renewal
under option.
(B) In entering into such contracts the Commission shall be
guided by the following principles: (i) the percentage of the
total cost of special facilities devoted to contract performance
and chargeable to the Commission should not exceed the ratio
between the period of contract deliveries and the anticipated
useful life of such special facilities; (ii) the desirability of
obtaining options to renew the contract for reasonable periods at
prices not to include charges for special facilities already
amortized; and (iii) the desirability of reserving in the
Commission the right to take title to the special facilities
under appropriate circumstances; and
(3) include in contracts made under this subsection provisions
which limit the obligation of funds to estimated annual
deliveries and services and the unamortized balance of such
amounts due for special facilities as the parties shall agree is
chargeable to the performance of the contract. Any appropriation
available at the time of termination or thereafter made available
to the Commission for operating expenses shall be available for
payment of such costs which may arise from termination as the
contract may provide. The term "special facilities" as used in
this subsection means any land and any depreciable buildings,
structures, utilities, machinery, equipment, and fixtures
necessary for the production or furnishing of such supplies,
equipment, materials, or services and not available to the
vendors or suppliers for the performance of the contract.
(v) Support of United States Enrichment Corporation
provide services in support of the United States Enrichment
Corporation, except that the Secretary of Energy shall annually
collect payments and other charges from the Corporation
sufficient to ensure recovery of the costs (excluding
depreciation and imputed interest on original plant investments
in the Department's gaseous diffusion plants and costs under
section 2297c-2(d) (!3) of this title) incurred by the Department
of Energy after October 24, 1992, in performing such services;
(w) License fees for nuclear power reactors
prescribe and collect from any other Government agency, which
applies to the Commission for, or is issued by the Commission, a
license or certificate, any fee, charge, or price which it may
require, in accordance with the provisions of section 9701 of
title 31 or any other law.
(x) Standards and instructions for bonding, surety, or other
financial arrangements, including performance bonds
Establish by rule, regulation, or order, after public notice,
and in accordance with the requirements of section 2231 of this
title, such standards and instructions as the Commission may deem
necessary or desirable to ensure -
(1) that an adequate bond, surety, or other financial
arrangement (as determined by the Commission) will be provided,
before termination of any license for byproduct material as
defined in section 2014(e)(2) of this title, by a licensee to
permit the completion of all requirements established by the
Commission for the decontamination, decommissioning, and
reclamation of sites, structures, and equipment used in
conjunction with byproduct material as so defined, and
(2) that -
(A) in the case of any such license issued or renewed after
November 8, 1978, the need for long-term maintenance and
monitoring of such sites, structures and equipment after
termination of such license will be minimized and, to the
maximum extent practicable, eliminated; and
(B) in the case of each license for such material (whether
in effect on November 8, 1978, or issued or renewed
thereafter), if the Commission determines that any such long-
term maintenance and monitoring is necessary, the licensee,
before termination of any license for byproduct material as
defined in section 2014(e)(2) of this title, will make
available such bonding, surety, or other financial
arrangements as may be necessary to assure such long-term
maintenance and monitoring.
Such standards and instructions promulgated by the Commission
pursuant to this subsection shall take into account, as
determined by the Commission, so as to avoid unnecessary
duplication and expense, performance bonds or other financial
arrangements which are required by other Federal agencies or
State agencies and/or other local governing bodies for such
decommissioning, decontamination, and reclamation and long-term
maintenance and monitoring except that nothing in this paragraph
shall be construed to require that the Commission accept such
bonds or arrangements if the Commission determines that such
bonds or arrangements are not adequate to carry out subparagraphs
(1) and (2) of this subsection.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 161, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 948; amended July 14, 1956, ch. 608, 70
Stat. 553; Aug. 6, 1956, ch. 1015, Sec. 4, 70 Stat. 1069; Pub. L.
85-162, title II, Secs. 201, 204, Aug. 21, 1957, 71 Stat. 410; Pub.
L. 85-287, Sec. 4, Sept. 4, 1957, 71 Stat. 613; Pub. L. 85-507,
Sec. 21(b)(1), July 7, 1958, 72 Stat. 337; Pub. L. 85-681, Secs. 6,
7, Aug. 19, 1958, 72 Stat. 633; Pub. L. 86-300, Sec. 1, Sept. 21,
1959, 73 Stat. 574; Pub. L. 87-206, Sec. 13, Sept. 6, 1961, 75
Stat. 478; Pub. L. 87-456, title III, Sec. 303(c), May 24, 1962, 76
Stat. 78; Pub. L. 87-615, Sec. 12, Aug. 29, 1962, 76 Stat. 411;
Pub. L. 87-793, Sec. 1001(g), Oct. 11, 1962, 76 Stat. 864; Pub. L.
88-489, Sec. 16, Aug. 26, 1964, 78 Stat. 606; Pub. L. 90-190, Sec.
11, Dec. 14, 1967, 81 Stat. 578; Pub. L. 91-452, title II, Sec.
237, Oct. 15, 1970, 84 Stat. 930; Pub. L. 91-560, Secs. 7, 8, Dec.
19, 1970, 84 Stat. 1474; Pub. L. 92-314, title III, Sec. 301, June
16, 1972, 86 Stat. 227; Pub. L. 93-377, Sec. 7, Aug. 17, 1974, 88
Stat. 475; Pub. L. 95-604, title II, Sec. 203, Nov. 8, 1978, 92
Stat. 3036; Pub. L. 97-90, title II, Sec. 211, Dec. 4, 1981, 95
Stat. 1170; Pub. L. 99-661, div. C, title I, Sec. 3134, Nov. 14,
1986, 100 Stat. 4064; Pub. L. 100-449, title III, Sec. 305(b),
Sept. 28, 1988, 102 Stat. 1876; Pub. L. 101-575, Sec. 5(b), Nov.
15, 1990, 104 Stat. 2835; renumbered title I and amended Pub. L.
102-486, title IX, Sec. 902(a)(4), (5), (8), Oct. 24, 1992, 106
Stat. 2944; Pub. L. 109-58, title VI, Secs. 623, 626, Aug. 8, 2005,
119 Stat. 783, 784.)
-REFTEXT-
REFERENCES IN TEXT
The civil service laws, referred to in subsec. (d), are set forth
in Title 5, Government Organization and Employees. See,
particularly, section 3301 et seq. of Title 5.
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (j), is act June 30, 1949, ch. 288,
63 Stat. 377, as amended. Except for title III of the Act, which is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter
4 of Title 41, Public Contracts, the Act was repealed and reenacted
by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
and Works. Section 207 of the Act was repealed and reenacted by
Pub. L. 107-217 as section 559 of Title 40.
Section 2297c-2 of this title, referred to in subsec. (v), was
repealed by Pub. L. 104-134, title III, Sec. 3116(a)(1), Apr. 26,
1996, 110 Stat. 1321-349.
-COD-
CODIFICATION
In subsec. (d), "chapter 51 and subchapter III of chapter 53 of
title 5" and "such provisions" substituted for "the Classification
Act of 1949, as amended" and "such Act", respectively, on authority
of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees.
In subsec. (x)(2)(B), "November 8, 1978" was in the original "the
date of the enactment of this section", which has been translated
as the date of the enactment of this subsection to reflect the
probable intent of Congress.
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1812(a) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
2005 - Subsec. (i)(4). Pub. L. 109-58, Sec. 626, added cl. (4).
Subsec. (w). Pub. L. 109-58, Sec. 623, substituted "to the
Commission for, or is issued by the Commission, a license or
certificate" for "for or is issued a license for a utilization
facility designed to produce electrical or heat energy pursuant to
section 2133 or 2134(b) of this title, or which operates any
facility regulated or certified under section 2297f or 2297f-1 of
this title" and "section 9701" for "section 483a" and struck out ",
of applicants for, or holders of, such licenses or certificates"
before period at end.
1992 - Subsec. (v). Pub. L. 102-486, Sec. 902(a)(4), amended
subsec. (v) generally, substituting provisions relating to duty to
provide services in support of United States Energy Enrichment
Corporation for provisions relating to duty to enter into contracts
for production or enrichment of special nuclear material.
Subsec. (w). Pub. L. 102-486, Sec. 902(a)(5), inserted "or which
operates any facility regulated or certified under section 2297f or
2297f-1 of this title," after "2134(b) of this title," and "or
certificates" after "holders of, such licenses".
1990 - Subsec. (b). Pub. L. 101-575, which directed amendment of
subsec. (b) by striking the period at the end and inserting "; in
addition, the Commission shall prescribe such regulations or orders
as may be necessary or desirable to promote the Nation's common
defense and security with regard to control, ownership, or
possession of any equipment or device, or important component part
especially designed for such equipment or device, capable of
separating the isotopes of uranium or enriching uranium in the
isotope 235;", was executed by striking the semicolon at end of
subsec. (b) and making insertion to reflect probable intent of
Congress.
1988 - Subsec. (v). Pub. L. 100-449 inserted in closing
provisions "For purposes of this subsection and of section 305 of
Public Law 99-591 (100 Stat. 3341-209, 210), 'foreign origin'
excludes source or special nuclear material originating in Canada."
1986 - Subsec. (k). Pub. L. 99-661 inserted "and subcontractors
(at any tier)" after "employees of its contractors", substituted
"under the jurisdiction of the United States" for "owned by the
United States and", inserted "or being transported to or from such
facilities" after "contracted to the United States", inserted after
third sentence "An employee of a contractor or subcontractor
authorized to carry firearms under this subsection may make such
arrests only when the individual to be arrested is within, or in
direct flight from, the area of such offense.", and inserted before
the semicolon at end ". The Secretary, with the approval of the
Attorney General, shall issue guidelines to implement this
subsection".
1981 - Subsec. (k). Pub. L. 97-90 inserted provision that a
person authorized to carry firearms under this subsection may,
while in the performance of, and in connection with, official
duties, make arrests without warrant for any offense against the
United States committed in that person's presence or for any felony
cognizable under the laws of the United States if that person has
reasonable grounds to believe that the individual to be arrested
has committed or is committing such felony, that a person granted
authority to make arrests by this subsection may exercise that
authority only in the enforcement of (1) laws regarding the
property of the United States in the custody of the Department of
Energy, the Nuclear Regulatory Commission, or a contractor of the
Department of Energy or Nuclear Regulatory Commission, or (2) any
provision of this chapter that may subject an offender to a fine,
imprisonment, or both, and that the arrest authority conferred by
this subsection is in addition to any arrest authority under other
laws.
1978 - Subsec. (x). Pub. L. 95-604 added subsec. (x).
1974 - Subsec. (i). Pub. L. 93-377 inserted provision in cl. (2)
relating to regulations or orders designating activities, involving
quantities of special nuclear material important to the common
defense and security, that may be conducted by persons whose
character, etc., have been established so that if they are
permitted to conduct such activities it would not be inimical to
the common defense and security.
1972 - Subsec. (w). Pub. L. 92-314 added subsec. (w).
1970 - Subsec. (c). Pub. L. 91-452 struck out provisions that no
person be excused from complying with any requirements under this
paragraph because of his privilege against self-incrimination, but
that the immunity provisions of the Compulsory Testimony Act of
Feb. 11, 1893, apply with respect to any individual who
specifically claims such privilege.
Subsec. (n). Pub. L. 91-560, Sec. 7, struck out references to
section 2132 of this title and the finding of practical value.
Subsec. (v). Pub. L. 91-560, Sec. 8, substituted provisions for
the establishment of prices on a basis of recovery of the
Government's costs over a reasonable period of time for provisions
for the establishment of prices on a basis which will provide
reasonable compensation to the Government.
1967 - Subsec. (n). Pub. L. 90-190 substituted "2077(b)" for
"2077(a)(3)".
1964 - Subsec. (v). Pub. L. 88-489 added subsec. (v).
1962 - Subsec. (d). Pub. L. 87-793 substituted "up to a limit of
the highest rate of grade 18 of the General Schedule of the
Classification Act of 1949, as amended" for "up to a limit of
$19,000".
Subsec. (l). Pub. L. 87-456 repealed subsec. (l) which authorized
the admittance free of duty into the United States of purchases
made abroad of source materials.
Subsec. (n). Pub. L. 87-615 substituted "2165(f) of this title"
for "2165(e) of this title".
1961 - Subsecs. (s) to (v). Pub. L. 87-206 redesignated subsecs.
(t) to (v) as (s) to (u), respectively.
1959 - Subsec. (m). Pub. L. 86-300 inserted references to
sections 2073(a)(4) and 2093(a)(4) of this title.
1958 - Subsec. (d). Pub. L. 85-681, Sec. 6, authorized the
Commission to adopt compensation rates on a retroactive basis as
may be authorized by the Classification Act for other Government
employees.
Subsecs. (n) to (s). Pub. L. 85-507 redesignated subsecs. (o) to
(s) as (n) to (r), respectively. Former subsec. (n), which
authorized the Commission to assign employees for instruction,
education, or training by public or private agencies, institutions
of learning, laboratories, or industrial or commercial
organizations, was repealed by Pub. L. 85-507, see section 4101 et
seq. of Title 5, Government Organizations and Employees.
Subsecs. (t) to (v). Pub. L. 85-681, Sec. 7, added subsecs. (t)
to (v).
1957 - Subsec. (d). Pub. L. 85-287 inserted "up to a limit of
$19,000" after "scientific and technical personnel".
Subsec. (e). Pub. L. 85-162, Sec. 201, inserted "(at the time of
the initial grant of any privilege grant, lease, or permit, or
renewal thereof, or in order to avoid inequities or undue hardship
prior to the sale by the United States of property affected by such
grant)" after "adjusted terms which".
Subsec. (s). Pub. L. 85-162, Sec. 204, added subsec. (s).
1956 - Subsec. (e). Act July 14, 1956, inserted proviso relating
to negotiation of commercial leases without advertising by the
Commission.
Subsec. (r). Act Aug. 6, 1956, added subsec. (r).
EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT
Amendment by Pub. L. 100-449 effective on the date the United
States-Canada Free-Trade Agreement enters into force (Jan. 1,
1989), and to cease to have effect on the date the Agreement ceases
to be in force, see section 501(a), (c) of Pub. L. 100-449, set out
in a note under section 2112 of Title 19, Customs Duties.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-452 effective on sixtieth day following
Oct. 15, 1970, and not to affect any immunity to which any
individual is entitled under this section by reason of any
testimony given before sixtieth day following Oct. 15, 1970, see
section 260 of Pub. L. 91-452, set out as an Effective Date;
Savings Provision note under section 6001 of Title 18, Crimes and
Criminal Procedure.
EFFECTIVE DATE OF 1962 AMENDMENTS
Amendment by Pub. L. 87-793 effective on first day of first pay
period which begins on or after Oct. 11, 1962, see section 1008 of
Pub. L. 87-793.
Repeal of subsec. (l) effective with respect to articles entered,
or withdrawn from warehouse, for consumption on or after Aug. 31,
1963, see section 501(a) of Pub. L. 87-456.
EFFECTIVE DATE OF 1958 AMENDMENT
For effective date of amendment by Pub. L. 85-507, see section
21(a) of Pub. L. 85-507.
REFERENCES TO UNITED STATES ENRICHMENT CORPORATION
References to the United States Enrichment Corporation deemed, as
of the privatization date (July 28, 1998), to be references to the
private corporation, see section 3116(e) of Pub. L. 104-134, set
out as a note under former section 2297 of this title.
REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES
References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.
ORGANIZATIONAL CONFLICTS OF INTEREST
Pub. L. 95-209, Sec. 7, Dec. 13, 1977, 91 Stat. 1483, provided
that: "The Commission shall by December 31, 1977, promulgate
guidelines to be applied by the Commission in determining whether
an organization proposing to enter into a contractual arrangement
with the Commission has a conflict of interest which might impair
the contractor's judgment or otherwise give the contractor an
unfair competitive advantage."
APPLICABILITY TO FUNCTIONS TRANSFERRED BY DEPARTMENT OF ENERGY
ORGANIZATION ACT
Pub. L. 95-91, title VII, Sec. 709(c)(2), Aug. 4, 1977, 91 Stat.
608, provided that: "Section 161(d) of the Atomic Energy Act of
1954 [subsec. (d) of this section] shall not apply to functions
transferred by this Act [see Short Title note set out under section
7101 of this title]."
TERMINATION OF ADVISORY BOARDS
Advisory boards in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5,
1973, unless, in the case of a board established by the President
or an officer of the Federal Government, such board is renewed by
appropriate action prior to the expiration of such 2-year period,
or in the case of a board established by the Congress, its duration
is otherwise provided by law. Advisory boards established after
Jan. 5, 1973, to terminate not later than the expiration of the 2-
year period beginning on the date of their establishment, unless,
in the case of a board established by the President or an officer
of the Federal Government, such board is renewed by appropriate
action prior to the expiration of such 2-year period, or in the
case of a board established by the Congress, its duration is
otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-
463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.
EMERGENCY PREPAREDNESS FUNCTIONS
For assignment of certain emergency preparedness functions to
Members of the Nuclear Regulatory Commission, see Parts 1, 2, and
21 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as
a note under section 5195 of this title.
PRINCIPAL OFFICE BUILDING FOR ATOMIC ENERGY COMMISSION
Act May 6, 1955, ch. 34, 69 Stat. 47, as amended by Pub. L. 85-
107, July 17, 1957, 71 Stat. 307, authorized Atomic Energy
Commission to acquire a suitable site in or near District of
Columbia and, notwithstanding any other provision of law, to
provide for construction on such site, in accordance with plans and
specifications prepared by or under direction of Commission, of a
modern office building to serve as principal office of Commission
at a total cost of not to exceed $13,300,000 and authorized to be
appropriated such sums as were necessary.
REPORT WITH RESPECT TO RENEGOTIATIONS, REAPPRAISALS, AND SALES
PROCEEDINGS
Section 203 of Pub. L. 85-162 directed Atomic Energy Commission,
Federal Housing Administration, and Housing and Home Finance Agency
to report to Joint Committee by Jan. 31, 1958, with respect to
renegotiations, reappraisals, and sales proceedings authorized
under sections 201 and 202 of Pub. L. 85-162 [amending subsec. (e)
of this section and enacting section 2325(c) of this title].
-FOOTNOTE-
(!1) So in original.
(!2) See References in Text note below.
(!3) See References in Text note below.
-End-
-CITE-
42 USC Sec. 2201a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2201a. Use of firearms by security personnel
-STATUTE-
(a) Definitions
In this section, the terms "handgun", "rifle", "shotgun",
"firearm", "ammunition", "machinegun", "short-barreled shotgun",
and "short-barreled rifle" have the meanings given the terms in
section 921(a) of title 18.
(b) Authorization
Notwithstanding subsections (a)(4), (a)(5), (b)(2), (b)(4), and
(o) of section 922 of title 18, section 925(d)(3) of title 18,
section 5844 of title 26, and any law (including regulations) of a
State or a political subdivision of a State that prohibits the
transfer, receipt, possession, transportation, importation, or use
of a handgun, a rifle, a shotgun, a short-barreled shotgun, a short-
barreled rifle, a machinegun, a semiautomatic assault weapon,
ammunition for any such gun or weapon, or a large capacity
ammunition feeding device, in carrying out the duties of the
Commission, the Commission may authorize the security personnel of
any licensee or certificate holder of the Commission (including an
employee of a contractor of such a licensee or certificate holder)
to transfer, receive, possess, transport, import, and use 1 or more
such guns, weapons, ammunition, or devices, if the Commission
determines that -
(1) the authorization is necessary to the discharge of the
official duties of the security personnel; and
(2) the security personnel -
(A) are not otherwise prohibited from possessing or receiving
a firearm under Federal or State laws relating to possession of
firearms by a certain category of persons;
(B) have successfully completed any requirement under this
section for training in the use of firearms and tactical
maneuvers;
(C) are engaged in the protection of -
(i) a facility owned or operated by a licensee or
certificate holder of the Commission that is designated by
the Commission; or
(ii) radioactive material or other property owned or
possessed by a licensee or certificate holder of the
Commission, or that is being transported to or from a
facility owned or operated by such a licensee or certificate
holder, and that has been determined by the Commission to be
of significance to the common defense and security or public
health and safety; and
(D) are discharging the official duties of the security
personnel in transferring, receiving, possessing, transporting,
or importing the weapons, ammunition, or devices.
(c) Background checks
A person that receives, possesses, transports, imports, or uses a
weapon, ammunition, or a device under subsection (b) of this
section shall be subject to a background check by the Attorney
General, based on fingerprints and including a background check
under section 103(b) of the Brady Handgun Violence Prevention Act
(Public Law 103-159; 18 U.S.C. 922 note) to determine whether the
person is prohibited from possessing or receiving a firearm under
Federal or State law.
(d) Effective date
This section takes effect on the date on which guidelines are
issued by the Commission, with the approval of the Attorney
General, to carry out this section.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 161A, as added Pub. L. 109-
58, title VI, Sec. 653, Aug. 8, 2005, 119 Stat. 811.)
-End-
-CITE-
42 USC Sec. 2202 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2202. Contracts
-STATUTE-
The President may, in advance, exempt any specific action of the
Commission in a particular matter from the provisions of law
relating to contracts whenever he determines that such action is
essential in the interest of the common defense and security.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 162, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 951; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1812(b) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-End-
-CITE-
42 USC Sec. 2203 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2203. Advisory committees
-STATUTE-
The members of the General Advisory Committee established
pursuant to section 2036 (!1) of this title and the members of
advisory boards established pursuant to section 2201(a) of this
title may serve as such without regard to the provisions of
sections 281, 283, or 284 (!1) of title 18, except insofar as such
sections may prohibit any such member from receiving compensation
from a source other than a nonprofit educational institution in
respect of any particular matter which directly involves the
Commission or in which the Commission is directly interested.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 163, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 951; amended Pub. L. 86-300, Sec. 2,
Sept. 21, 1959, 73 Stat. 574; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-REFTEXT-
REFERENCES IN TEXT
Section 2036 of this title, referred to in text, was repealed by
Pub. L. 95-91, title VII, Sec. 709(c)(1), Aug. 4, 1977, 91 Stat.
608.
Sections 281, 283, and 284 of title 18, referred to in text, were
repealed by Pub. L. 87-849, Sec. 2, Oct. 23, 1962, 76 Stat. 1126,
except as sections 281 and 283 apply to retired officers of the
Armed Forces of the United States, and were supplanted by sections
203, 205, and 207, respectively, of Title 18, Crimes and Criminal
Procedures. For further details, see "Exemptions" note set out
under section 203 of Title 18.
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1812(c) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
1959 - Pub. L. 86-300 inserted "from a source other than a
nonprofit educational institution" after "compensation".
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. General Advisory Committee
transferred to Energy Research and Development Administration and
functions of Commission with respect thereto transferred to
Administrator by section 5814(d) of this title. See, also, notes
set out under sections 5814 and 5841 of this title. General
Advisory Committee abolished by Pub. L. 95-91, title VII, Sec.
709(c)(1), Aug. 4, 1977, 91 Stat. 608. Energy Research and
Development Administration terminated and functions vested by law
in Administrator thereof transferred to Secretary of Energy (unless
otherwise specifically provided) by sections 7151(a) and 7293 of
this title.
-MISC2-
TERMINATION OF ADVISORY BOARDS AND COMMITTEES
Advisory boards and committees in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year period
following Jan. 5, 1973, unless, in the case of a board or committee
established by the President or an officer of the federal
government, such board or committee is renewed by appropriate
action prior to the expiration of such 2-year period, or in the
case of a board or committee established by the Congress, its
duration is otherwise provided by law. Advisory boards and
committees established after Jan. 5, 1973, to terminate not later
than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a board or committee
established by the President or an officer of the federal
government, such board or committee is renewed by appropriate
action prior to the expiration of such 2-year period, or in the
case of a board or committee established by the Congress, its
duration is otherwise provided for by law. See sections 3(2) and 14
of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the
Appendix to Title 5, Government Organization and Employees.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
42 USC Sec. 2204 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2204. Electric utility contracts; authority to enter into;
cancellation; submission to Energy Committees
-STATUTE-
The Commission is authorized in connection with the construction
or operation of the Oak Ridge, Paducah, and Portsmouth
installations of the Commission, without regard to sections 1341,
1342, and 1349-1351 and subchapter II of chapter 15 of title 31, to
enter into new contracts or modify or confirm existing contracts to
provide for electric utility services for periods not exceeding
twenty-five years, and such contracts shall be subject to
termination by the Commission upon payment of cancellation costs as
provided in such contracts, and any appropriation presently or
hereafter made available to the Commission shall be available for
the payment of such cancellation costs. Any such cancellation
payments shall be taken into consideration in determination of the
rate to be charged in the event the Commission or any other agency
of the Federal Government shall purchase electric utility services
from the contractor subsequent to the cancellation and during the
life of the original contract. The authority of the Commission
under this section to enter into new contracts or modify or confirm
existing contracts to provide for electric utility services
includes, in case such electric utility services are to be
furnished to the Commission by the Tennessee Valley Authority,
authority to contract with any person to furnish electric utility
services to the Tennessee Valley Authority in replacement thereof.
Any contract hereafter entered into by the Commission pursuant to
this section shall be submitted to the Energy Committees and a
period of thirty days shall elapse while Congress is in session (in
computing such thirty days, there shall be excluded the days on
which either House is not in session because of adjournment for
more than three days) before the contract of the Commission shall
become effective: Provided, however, That the Energy Committees,
after having received the proposed contract, may by resolution in
writing, waive the conditions of or all or any portion of such
thirty-day period.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 164, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 951; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;
amended Pub. L. 103-437, Sec. 15(f)(7), Nov. 2, 1994, 108 Stat.
4593.)
-COD-
CODIFICATION
"Sections 1341, 1342, and 1349-1351 and subchapter II of chapter
15 of title 31" substituted in text for "section 3679 of the
Revised Statutes, as amended [31 U.S.C. 665]" on authority of Pub.
L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first
section of which enacted Title 31, Money and Finance.
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-437 substituted "Energy Committees" for "Joint
Committee" in two places.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-End-
-CITE-
42 USC Sec. 2204a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2204a. Fission product contracts
-STATUTE-
(a) Authority to enter into contracts
Without regard to sections 1341, 1342, and 1349-1351 and
subchapter II of chapter 15 of title 31, the Commission is
authorized to enter into contracts for such periods of time as the
Commission may deem necessary or desirable, for the purpose of
making available fission products from Commission reactors, with or
without charge for commercial application.
(b) Cancellation
Any contract entered into by the Commission pursuant to this
section shall be subject to termination by the Commission upon
payment of cancellation costs as provided in such contract, and any
appropriation presently or hereafter made available to the
Commission shall be available for payment of such costs which may
arise from termination as the contract may provide.
(c) Submission to Energy Committees
Before the Commission enters into any arrangement or amendment
thereto under the authority of this section, the basis for the
proposed arrangement or amendment thereto which the Commission
proposes to execute (with necessary background and explanatory
data) shall be submitted to the Energy Committees (as defined by
section 2014 of this title), and a period of forty-five days shall
elapse while Congress is in session in computing such forty-five
days, there shall be excluded the days on which either House is not
in session because of adjournment of more than three days:
Provided, however, That the Energy Committees, after having
received the basis for the proposed arrangement or amendment
thereto, may by resolution in writing waive the conditions of, or
all or any portion of, such forty-five-day period.
-SOURCE-
(Pub. L. 88-332, Sec. 107, June 30, 1964, 78 Stat. 230; Pub. L. 103-
437, Sec. 15(h), Nov. 2, 1994, 108 Stat. 4593.)
-REFTEXT-
REFERENCES IN TEXT
Commission, referred to in text, probably means the Atomic Energy
Commission in view of the fact that this section was enacted as
part of the act authorizing appropriations for the Atomic Energy
Commission.
-COD-
CODIFICATION
In subsec. (a), "sections 1341, 1342, and 1349-1351 and
subchapter II of chapter 15 of title 31" substituted for "section
3679 of the Revised Statutes, as amended [31 U.S.C. 665]" on
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money and
Finance.
Section was not enacted as part of the Atomic Energy Act of 1954
which comprises this chapter.
-MISC1-
AMENDMENTS
1994 - Subsec. (c). Pub. L. 103-437 substituted "Energy
Committees (as defined by section 2014 of this title)" for "Joint
Committee" after "submitted to the" and "Energy Committees" for
"Joint Committee" after "That the".
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-End-
-CITE-
42 USC Sec. 2205 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2205. Contract practices
-STATUTE-
(a) In carrying out the purposes of this chapter the Commission
shall not use the cost-plus-percentage-of-cost system of
contracting.
(b) No contract entered into under the authority of this chapter
shall provide, and no contract entered into under the authority of
the Atomic Energy Act of 1946, as amended, shall be modified or
amended after August 30, 1954, to provide, for direct payment or
direct reimbursement by the Commission of any Federal income taxes
on behalf of any contractor performing such contract for profit.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 165, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 951; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-REFTEXT-
REFERENCES IN TEXT
Atomic Energy Act of 1946, as amended, referred to in subsec.
(b), is act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was
classified generally to chapter 14 (Sec. 1801 et seq.) of this
title prior to the general amendment by act Aug. 30, 1954, ch.
1073, 68 Stat. 921. The act of Aug. 1, 1946, ch. 724, is now known
as the Atomic Energy Act of 1954, and is classified principally to
this chapter (Sec. 2011 et seq.). For complete classification of
the Atomic Energy Act of 1954 to the Code, see Short Title note set
out under section 2011 of this title and Tables.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-End-
-CITE-
42 USC Sec. 2205a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2205a. Repealed. Pub. L. 97-375, title I, Sec. 115, Dec. 21,
1982, 96 Stat. 1821
-MISC1-
Section, Pub. L. 95-601, Sec. 11, Nov. 6, 1978, 92 Stat. 2953,
directed Commission to report to Congress on Jan. 1, 1979, and
annually thereafter on use of contractors, consultants, and
National Laboratories by Commission, and that such report include,
for each contract issued, in progress or completed during fiscal
year 1978, information on bidding procedure, nature of work, amount
and duration of contract, progress of work, relation to previous
contracts, and relation between amount of contract and amount
actually spent.
-End-
-CITE-
42 USC Sec. 2206 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2206. Comptroller General audit
-STATUTE-
No moneys appropriated for the purposes of this chapter shall be
available for payments under any contract with the Commission,
negotiated without advertising, except contracts with any foreign
government or any agency thereof and contracts with foreign
producers, unless such contract includes a clause to the effect
that the Comptroller General of the United States or any of his
duly authorized representatives shall, until the expiration of
three years after final payment, have access to and the right to
examine any directly pertinent books, documents, papers, and
records of the contractor or any of his subcontractors engaged in
the performance of, and involving transactions related to such
contracts or subcontracts: Provided, however, That no moneys so
appropriated shall be available for payment under such contract
which includes any provision precluding an audit by the Government
Accountability Office of any transaction under such contract: And
provided further, That nothing in this section shall preclude the
earlier disposal of contractor and subcontractor records in
accordance with records disposal schedules agreed upon between the
Commission and the Government Accountability Office.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 166, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 951; amended Pub. L. 85-681, Sec. 8,
Aug. 19, 1958, 72 Stat. 634; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)
-MISC1-
AMENDMENTS
2004 - Pub. L. 108-271 substituted "Government Accountability
Office" for "General Accounting Office" in two places.
1958 - Pub. L. 85-681 inserted proviso relating to records
disposal.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-End-
-CITE-
42 USC Sec. 2207 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2207. Claim settlements; reports to Congress
-STATUTE-
The Commission, acting on behalf of the United States, is
authorized to consider, ascertain, adjust, determine, settle, and
pay, any claim for money damage of $5,000 or less against the
United States for bodily injury, death, or damage to or loss of
real or personal property resulting from any detonation, explosion,
or radiation produced in the conduct of any program undertaken by
the Commission involving the detonation of an explosive device,
where such claim is presented to the Commission in writing within
one year after the accident or incident out of which the claim
arises: Provided, however, That the damage to or loss of property,
or bodily injury or death, shall not have been caused in whole or
in part by any negligence or wrongful act on the part of the
claimant, his agents, or employees. Any such settlement under the
authority of this section shall be final and conclusive for all
purposes, notwithstanding any other provision of law to the
contrary. If the Commission considers that a claim in excess of
$5,000 is meritorious and would otherwise be covered by this
section, the Commission may report the facts and circumstances
thereof to the Congress for its consideration.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 167, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 952; amended Pub. L. 87-206, Sec. 14,
Sept. 6, 1961, 75 Stat. 478; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1961 - Pub. L. 87-206 substituted "any program undertaken by the
Commission involving the detonation of an explosive device" for
"the Commission's program for testing atomic weapons" and
authorized the Commission to report meritorious claims in excess of
$5,000 to the Congress.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-End-
-CITE-
42 USC Sec. 2208 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2208. Payments in lieu of taxes
-STATUTE-
In order to render financial assistance to those States and
localities in which the activities of the Commission are carried
on, and in which the Commission has acquired property previously
subject to State and local taxation, the Commission is authorized
to make payments to State and local governments in lieu of property
taxes. Such payments may be in the amounts, at the times, and upon
the terms the Commission deems appropriate, but the Commission
shall be guided by the policy of not making payments in excess of
the taxes which would have been payable for such property in the
condition in which it was acquired, except in cases where special
burdens have been cast upon the State or local government by
activities of the Commission, the Manhattan Engineer District or
their agents. In any such case, any benefit accruing to the State
or local government by reason of such activities shall be
considered in determining the amount of the payment.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 168, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 952; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1809(b) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-End-
-CITE-
42 USC Sec. 2209 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2209. Subsidies
-STATUTE-
No funds of the Commission shall be employed in the construction
or operation of facilities licensed under section 2133 or 2134 of
this title except under contract or other arrangement entered into
pursuant to section 2051 of this title.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 169, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 952; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See, also, notes set out
under those sections.
-End-
-CITE-
42 USC Sec. 2210 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2210. Indemnification and limitation of liability
-STATUTE-
(a) Requirement of financial protection for licensees
Each license issued under section 2133 or 2134 of this title and
each construction permit issued under section 2235 of this title
shall, and each license issued under section 2073, 2093, or 2111 of
this title may, for the public purposes cited in section 2012(i) of
this title, have as a condition of the license a requirement that
the licensee have and maintain financial protection of such type
and in such amounts as the Nuclear Regulatory Commission (in this
section referred to as the "Commission") in the exercise of its
licensing and regulatory authority and responsibility shall require
in accordance with subsection (b) of this section to cover public
liability claims. Whenever such financial protection is required,
it may be a further condition of the license that the licensee
execute and maintain an indemnification agreement in accordance
with subsection (c) of this section. The Commission may require, as
a further condition of issuing a license, that an applicant waive
any immunity from public liability conferred by Federal or State
law.
(b) Amount and type of financial protection for licensees
(1) The amount of primary financial protection required shall be
the amount of liability insurance available from private sources,
except that the Commission may establish a lesser amount on the
basis of criteria set forth in writing, which it may revise from
time to time, taking into consideration such factors as the
following: (A) the cost and terms of private insurance, (B) the
type, size, and location of the licensed activity and other factors
pertaining to the hazard, and (C) the nature and purpose of the
licensed activity: Provided, That for facilities designed for
producing substantial amounts of electricity and having a rated
capacity of 100,000 electrical kilowatts or more, the amount of
primary financial protection required shall be the maximum amount
available at reasonable cost and on reasonable terms from private
sources (excluding the amount of private liability insurance
available under the industry retrospective rating plan required in
this subsection). Such primary financial protection may include
private insurance, private contractual indemnities, self-insurance,
other proof of financial responsibility, or a combination of such
measures and shall be subject to such terms and conditions as the
Commission may, by rule, regulation, or order, prescribe. The
Commission shall require licensees that are required to have and
maintain primary financial protection equal to the maximum amount
of liability insurance available from private sources to maintain,
in addition to such primary financial protection, private liability
insurance available under an industry retrospective rating plan
providing for premium charges deferred in whole or major part until
public liability from a nuclear incident exceeds or appears likely
to exceed the level of the primary financial protection required of
the licensee involved in the nuclear incident: Provided, That such
insurance is available to, and required of, all of the licensees of
such facilities without regard to the manner in which they obtain
other types or amounts of such primary financial protection: And
provided further, That the maximum amount of the standard deferred
premium that may be charged a licensee following any nuclear
incident under such a plan shall not be more than $95,800,000
(subject to adjustment for inflation under subsection (t) of this
section), but not more than $15,000,000 in any 1 year (subject to
adjustment for inflation under subsection (t) of this section), for
each facility for which such licensee is required to maintain the
maximum amount of primary financial protection: And provided
further, That the amount which may be charged a licensee following
any nuclear incident shall not exceed the licensee's pro rata share
of the aggregate public liability claims and costs (excluding legal
costs subject to subsection (o)(1)(D) of this section, payment of
which has not been authorized under such subsection) arising out of
the nuclear incident. Payment of any State premium taxes which may
be applicable to any deferred premium provided for in this chapter
shall be the responsibility of the licensee and shall not be
included in the retrospective premium established by the
Commission.
(2)(A) The Commission may, on a case by case basis, assess annual
deferred premium amounts less than the standard annual deferred
premium amount assessed under paragraph (1) -
(i) for any facility, if more than one nuclear incident occurs
in any one calendar year; or
(ii) for any licensee licensed to operate more than one
facility, if the Commission determines that the financial impact
of assessing the standard annual deferred premium amount under
paragraph (1) would result in undue financial hardship to such
licensee or the ratepayers of such licensee.
(B) In the event that the Commission assesses a lesser annual
deferred premium amount under subparagraph (A), the Commission
shall require payment of the difference between the standard annual
deferred premium assessment under paragraph (1) and any such lesser
annual deferred premium assessment within a reasonable period of
time, with interest at a rate determined by the Secretary of the
Treasury on the basis of the current average market yield on
outstanding marketable obligations of the United States of
comparable maturities during the month preceding the date that the
standard annual deferred premium assessment under paragraph (1)
would become due.
(3) The Commission shall establish such requirements as are
necessary to assure availability of funds to meet any assessment of
deferred premiums within a reasonable time when due, and may
provide reinsurance or shall otherwise guarantee the payment of
such premiums in the event it appears that the amount of such
premiums will not be available on a timely basis through the
resources of private industry and insurance. Any agreement by the
Commission with a licensee or indemnitor to guarantee the payment
of deferred premiums may contain such terms as the Commission deems
appropriate to carry out the purposes of this section and to assure
reimbursement to the Commission for its payments made due to the
failure of such licensee or indemnitor to meet any of its
obligations arising under or in connection with financial
protection required under this subsection including without
limitation terms creating liens upon the licensed facility and the
revenues derived therefrom or any other property or revenues of
such licensee to secure such reimbursement and consent to the
automatic revocation of any license.
(4)(A) In the event that the funds available to pay valid claims
in any year are insufficient as a result of the limitation on the
amount of deferred premiums that may be required of a licensee in
any year under paragraph (1) or (2), or the Commission is required
to make reinsurance or guaranteed payments under paragraph (3), the
Commission shall, in order to advance the necessary funds -
(i) request the Congress to appropriate sufficient funds to
satisfy such payments; or
(ii) to the extent approved in appropriation Acts, issue to the
Secretary of the Treasury obligations in such forms and
denominations, bearing such maturities, and subject to such terms
and conditions as may be agreed to by the Commission and the
Secretary of the Treasury.
(B) Except for funds appropriated for purposes of making
reinsurance or guaranteed payments under paragraph (3), any funds
appropriated under subparagraph (A)(i) shall be repaid to the
general fund of the United States Treasury from amounts made
available by standard deferred premium assessments, with interest
at a rate determined by the Secretary of the Treasury on the basis
of the current average market yield on outstanding marketable
obligations of the United States of comparable maturities during
the month preceding the date that the funds appropriated under such
subparagraph are made available.
(C) Except for funds appropriated for purposes of making
reinsurance or guaranteed payments under paragraph (3), redemption
of obligations issued under subparagraph (A)(ii) shall be made by
the Commission from amounts made available by standard deferred
premium assessments. Such obligations shall bear interest at a rate
determined by the Secretary of the Treasury by taking into
consideration the average market yield on outstanding marketable
obligations to the United States of comparable maturities during
the month preceding the issuance of the obligations under this
paragraph. The Secretary of the Treasury shall purchase any issued
obligations, and for such purpose the Secretary of the Treasury may
use as a public debt transaction the proceeds from the sale of any
securities issued under chapter 31 of title 31, and the purposes
for which securities may be issued under such chapter are extended
to include any purchase of such obligations. The Secretary of the
Treasury may at any time sell any of the obligations acquired by
the Secretary of the Treasury under this paragraph. All
redemptions, purchases, and sales by the Secretary of the Treasury
of obligations under this paragraph shall be treated as public debt
transactions of the United States.
(5)(A) For purposes of this section only, the Commission shall
consider a combination of facilities described in subparagraph (B)
to be a single facility having a rated capacity of 100,000
electrical kilowatts or more.
(B) A combination of facilities referred to in subparagraph (A)
is two or more facilities located at a single site, each of which
has a rated capacity of 100,000 electrical kilowatts or more but
not more than 300,000 electrical kilowatts, with a combined rated
capacity of not more than 1,300,000 electrical kilowatts.
(c) Indemnification of licensees by Nuclear Regulatory Commission
The Commission shall, with respect to licenses issued between
August 30, 1954, and December 31, 2025, for which it requires
financial protection of less than $560,000,000, agree to indemnify
and hold harmless the licensee and other persons indemnified, as
their interest may appear, from public liability arising from
nuclear incidents which is in excess of the level of financial
protection required of the licensee. The aggregate indemnity for
all persons indemnified in connection with each nuclear incident
shall not exceed $500,000,000 excluding costs of investigating and
settling claims and defending suits for damage: Provided, however,
That this amount of indemnity shall be reduced by the amount that
the financial protection required shall exceed $60,000,000. Such a
contract of indemnification shall cover public liability arising
out of or in connection with the licensed activity. With respect to
any production or utilization facility for which a construction
permit is issued between August 30, 1954, and December 31, 2025,
the requirements of this subsection shall apply to any license
issued for such facility subsequent to December 31, 2025.
(d) Indemnification of contractors by Department of Energy
(1)(A) In addition to any other authority the Secretary of Energy
(in this section referred to as the "Secretary") may have, the
Secretary shall, until December 31, 2025, enter into agreements of
indemnification under this subsection with any person who may
conduct activities under a contract with the Department of Energy
that involve the risk of public liability and that are not subject
to financial protection requirements under subsection (b) of this
section or agreements of indemnification under subsection (c) or
(k) of this section.
(B)(i)(I) Beginning 60 days after August 20, 1988, agreements of
indemnification under subparagraph (A) shall be the exclusive means
of indemnification for public liability arising from activities
described in such subparagraph, including activities conducted
under a contract that contains an indemnification clause under
Public Law 85-804 [50 U.S.C. 1431 et seq.] entered into between
August 1, 1987, and August 20, 1988.
(II) The Secretary may incorporate in agreements of
indemnification under subparagraph (A) the provisions relating to
the waiver of any issue or defense as to charitable or governmental
immunity authorized in subsection (n)(1) of this section to be
incorporated in agreements of indemnification. Any such provisions
incorporated under this subclause shall apply to any nuclear
incident arising out of nuclear waste activities subject to an
agreement of indemnification under subparagraph (A).
(ii) Public liability arising out of nuclear waste activities
subject to an agreement of indemnification under subparagraph (A)
that are funded by the Nuclear Waste Fund established in section
10222 of this title shall be compensated from the Nuclear Waste
Fund in an amount not to exceed the maximum amount of financial
protection required of licensees under subsection (b) of this
section.
(2) In an agreement of indemnification entered into under
paragraph (1), the Secretary -
(A) may require the contractor to provide and maintain
financial protection of such a type and in such amounts as the
Secretary shall determine to be appropriate to cover public
liability arising out of or in connection with the contractual
activity; and
(B) shall indemnify the persons indemnified against such
liability above the amount of the financial protection required,
in the amount of $10,000,000,000 (subject to adjustment for
inflation under subsection (t) of this section), in the
aggregate, for all persons indemnified in connection with the
contract and for each nuclear incident, including such legal
costs of the contractor as are approved by the Secretary.
(3) All agreements of indemnification under which the Department
of Energy (or its predecessor agencies) may be required to
indemnify any person under this section shall be deemed to be
amended, on August 8, 2005, to reflect the amount of indemnity for
public liability and any applicable financial protection required
of the contractor under this subsection.
(4) Financial protection under paragraph (2) and indemnification
under paragraph (1) shall be the exclusive means of financial
protection and indemnification under this section for any
Department of Energy demonstration reactor licensed by the
Commission under section 5842 of this title.
(5) In the case of nuclear incidents occurring outside the United
States, the amount of the indemnity provided by the Secretary under
this subsection shall not exceed $500,000,000.
(6) The provisions of this subsection may be applicable to lump
sum as well as cost type contracts and to contracts and projects
financed in whole or in part by the Secretary.
(7) A contractor with whom an agreement of indemnification has
been executed under paragraph (1)(A) and who is engaged in
activities connected with the underground detonation of a nuclear
explosive device shall be liable, to the extent so indemnified
under this subsection, for injuries or damage sustained as a result
of such detonation in the same manner and to the same extent as
would a private person acting as principal, and no immunity or
defense founded in the Federal, State, or municipal character of
the contractor or of the work to be performed under the contract
shall be effective to bar such liability.
(e) Limitation on aggregate public liability
(1) The aggregate public liability for a single nuclear incident
of persons indemnified, including such legal costs as are
authorized to be paid under subsection (o)(1)(D) of this section,
shall not exceed -
(A) in the case of facilities designed for producing
substantial amounts of electricity and having a rated capacity of
100,000 electrical kilowatts or more, the maximum amount of
financial protection required of such facilities under subsection
(b) of this section (plus any surcharge assessed under subsection
(o)(1)(E) of this section);
(B) in the case of contractors with whom the Secretary has
entered into an agreement of indemnification under subsection (d)
of this section, the amount of indemnity and financial protection
that may be required under paragraph (2) of subsection (d) of
this section; and
(C) in the case of all other licensees of the Commission
required to maintain financial protection under this section -
(i) $500,000,000, together with the amount of financial
protection required of the licensee; or
(ii) if the amount of financial protection required of the
licensee exceeds $60,000,000, $560,000,000 or the amount of
financial protection required of the licensee, whichever amount
is more.
(2) In the event of a nuclear incident involving damages in
excess of the amount of aggregate public liability under paragraph
(1), the Congress will thoroughly review the particular incident in
accordance with the procedures set forth in subsection (i) of this
section and will in accordance with such procedures, take whatever
action is determined to be necessary (including approval of
appropriate compensation plans and appropriation of funds) to
provide full and prompt compensation to the public for all public
liability claims resulting from a disaster of such magnitude.
(3) No provision of paragraph (1) may be construed to preclude
the Congress from enacting a revenue measure, applicable to
licensees of the Commission required to maintain financial
protection pursuant to subsection (b) of this section, to fund any
action undertaken pursuant to paragraph (2).
(4) With respect to any nuclear incident occurring outside of the
United States to which an agreement of indemnification entered into
under the provisions of subsection (d) of this section is
applicable, such aggregate public liability shall not exceed the
amount of $500,000,000, together with the amount of financial
protection required of the contractor.
(f) Collection of fees by Nuclear Regulatory Commission
The Commission or the Secretary, as appropriate, is authorized to
collect a fee from all persons with whom an indemnification
agreement is executed under this section. This fee shall be $30 per
year per thousand kilowatts of thermal energy capacity for
facilities licensed under section 2133 of this title: Provided,
That the Commission or the Secretary, as appropriate, is authorized
to reduce the fee for such facilities in reasonable relation to
increases in financial protection required above a level of
$60,000,000. For facilities licensed under section 2134 of this
title, and for construction permits under section 2235 of this
title, the Commission is authorized to reduce the fee set forth
above. The Commission shall establish criteria in writing for
determination of the fee for facilities licensed under section 2134
of this title, taking into consideration such factors as (1) the
type, size, and location of facility involved, and other factors
pertaining to the hazard, and (2) the nature and purpose of the
facility. For other licenses, the Commission shall collect such
nominal fees as it deems appropriate. No fee under this subsection
shall be less than $100 per year.
(g) Use of services of private insurers
In administering the provisions of this section, the Commission
or the Secretary, as appropriate, shall use, to the maximum extent
practicable, the facilities and services of private insurance
organizations, and the Commission or the Secretary, as appropriate,
may contract to pay a reasonable compensation for such services.
Any contract made under the provisions of this subsection may be
made without regard to the provisions of section 5 of title 41 upon
a showing by the Commission or the Secretary, as appropriate, that
advertising is not reasonably practicable and advance payments may
be made.
(h) Conditions of agreements of indemnification
The agreement of indemnification may contain such terms as the
Commission or the Secretary, as appropriate, deems appropriate to
carry out the purposes of this section. Such agreement shall
provide that, when the Commission or the Secretary, as appropriate,
makes a determination that the United States will probably be
required to make indemnity payments under this section, the
Commission or the Secretary, as appropriate, shall collaborate with
any person indemnified and may approve the payment of any claim
under the agreement of indemnification, appear through the Attorney
General on behalf of the person indemnified, take charge of such
action, and settle or defend any such action. The Commission or the
Secretary, as appropriate, shall have final authority on behalf of
the United States to settle or approve the settlement of any such
claim on a fair and reasonable basis with due regard for the
purposes of this chapter. Such settlement shall not include
expenses in connection with the claim incurred by the person
indemnified.
(i) Compensation plans
(1) After any nuclear incident involving damages that are likely
to exceed the applicable amount of aggregate public liability under
subparagraph (A), (B), or (C) of subsection (e)(1) of this section,
the Secretary or the Commisison,(!1) as appropriate, shall -
(A) make a survey of the causes and extent of damage; and
(B) expeditiously submit a report setting forth the results of
such survey to the Congress, to the Representatives of the
affected districts, to the Senators of the affected States, and
(except for information that will cause serious damage to the
national defense of the United States) to the public, to the
parties involved, and to the courts.
(2) Not later than 90 days after any determination by a court,
pursuant to subsection (o) of this section, that the public
liability from a single nuclear incident may exceed the applicable
amount of aggregate public liability under subparagraph (A), (B),
or (C) of subsection (e)(1) of this section the President shall
submit to the Congress -
(A) an estimate of the aggregate dollar value of personal
injuries and property damage that arises from the nuclear
incident and exceeds the amount of aggregate public liability
under subsection (e)(1) of this section;
(B) recommendations for additional sources of funds to pay
claims exceeding the applicable amount of aggregate public
liability under subparagraph (A), (B), or (C) of subsection
(e)(1) of this section, which recommendations shall consider a
broad range of possible sources of funds (including possible
revenue measures on the sector of the economy, or on any other
class, to which such revenue measures might be applied);
(C) 1 or more compensation plans, that either individually or
collectively shall provide for full and prompt compensation for
all valid claims and contain a recommendation or recommendations
as to the relief to be provided, including any recommendations
that funds be allocated or set aside for the payment of claims
that may arise as a result of latent injuries that may not be
discovered until a later date; and
(D) any additional legislative authorities necessary to
implement such compensation plan or plans.
(3)(A) Any compensation plan transmitted to the Congress pursuant
to paragraph (2) shall bear an identification number and shall be
transmitted to both Houses of Congress on the same day and to each
House while it is in session.
(B) The provisions of paragraphs (4) through (6) shall apply with
respect to consideration in the Senate of any compensation plan
transmitted to the Senate pursuant to paragraph (2).
(4) No such compensation plan may be considered approved for
purposes of subsection (e)(2) of this section unless between the
date of transmittal and the end of the first period of sixty
calendar days of continuous session of Congress after the date on
which such action is transmitted to the Senate, the Senate passes a
resolution described in paragraph 6 (!2) of this subsection.
(5) For the purpose of paragraph (4) of this subsection -
(A) continuity of session is broken only by an adjournment of
Congress sine die; and
(B) the days on which either House is not in session because of
an adjournment of more than three days to a day certain are
excluded in the computation of the sixty-day calendar period.
(6)(A) This paragraph is enacted -
(i) as an exercise of the rulemaking power of the Senate and as
such it is deemed a part of the rules of the Senate, but
applicable only with respect to the procedure to be followed in
the Senate in the case of resolutions described by subparagraph
(B) and it supersedes other rules only to the extent that it is
inconsistent therewith; and
(ii) with full recognition of the constitutional right of the
Senate to change the rules at any time, in the same manner and to
the same extent as in the case of any other rule of the Senate.
(B) For purposes of this paragraph, the term "resolution" means
only a joint resolution of the Congress the matter after the
resolving clause of which is as follows: "That the
approves the compensation plan numbered submitted
to the Congress on , 19 .", the first blank space
therein being filled with the name of the resolving House and the
other blank spaces being appropriately filled; but does not include
a resolution which specifies more than one compensation plan.
(C) A resolution once introduced with respect to a compensation
plan shall immediately be referred to a committee (and all
resolutions with respect to the same compensation plan shall be
referred to the same committee) by the President of the Senate.
(D)(i) If the committee of the Senate to which a resolution with
respect to a compensation plan has been referred has not reported
it at the end of twenty calendar days after its referral, it shall
be in order to move either to discharge the committee from further
consideration of such resolution or to discharge the committee from
further consideration with respect to such compensation plan which
has been referred to the committee.
(ii) A motion to discharge may be made only by an individual
favoring the resolution, shall be highly privileged (except that it
may not be made after the committee has reported a resolution with
respect to the same compensation plan), and debate thereon shall be
limited to not more than one hour, to be divided equally between
those favoring and those opposing the resolution. An amendment to
the motion shall not be in order, and it shall not be in order to
move to reconsider the vote by which the motion was agreed to or
disagreed to.
(iii) If the motion to discharge is agreed to or disagreed to,
the motion may not be renewed, nor may another motion to discharge
the committee be made with respect to any other resolution with
respect to the same compensation plan.
(E)(i) When the committee has reported, or has been discharged
from further consideration of, a resolution, it shall be at any
time thereafter in order (even though a previous motion to the same
effect has been disagreed to) to move to proceed to the
consideration of the resolution. The motion shall be highly
privileged and shall not be debatable. An amendment to the motion
shall not be in order, and it shall not be in order to move to
reconsider the vote by which the motion was agreed to or disagreed
to.
(ii) Debate on the resolution referred to in clause (i) of this
subparagraph shall be limited to not more than ten hours, which
shall be divided equally between those favoring and those opposing
such resolution. A motion further to limit debate shall not be
debatable. An amendment to, or motion to recommit, the resolution
shall not be in order, and it shall not be in order to move to
reconsider the vote by which such resolution was agreed to or
disagreed to.
(F)(i) Motions to postpone, made with respect to the discharge
from committee, or the consideration of a resolution or motions to
proceed to the consideration of other business, shall be decided
without debate.
(ii) Appeals from the decision of the Chair relating to the
application of the rules of the Senate to the procedures relating
to a resolution shall be decided without debate.
(j) Contracts in advance of appropriations
In administering the provisions of this section, the Commission
or the Secretary, as appropriate, may make contracts in advance of
appropriations and incur obligations without regard to sections
1341, 1342, 1349, 1350, and 1351, and subchapter II of chapter 15,
of title 31.
(k) Exemption from financial protection requirement for nonprofit
educational institutions
With respect to any license issued pursuant to section 2073,
2093, 2111, 2134(a), or 2134(c) of this title, for the conduct of
educational activities to a person found by the Commission to be a
nonprofit educational institution, the Commission shall exempt such
licensee from the financial protection requirement of subsection
(a) of this section. With respect to licenses issued between August
30, 1954, and December 31, 2025, for which the Commission grants
such exemption:
(1) the Commission shall agree to indemnify and hold harmless
the licensee and other persons indemnified, as their interests
may appear, from public liability in excess of $250,000 arising
from nuclear incidents. The aggregate indemnity for all persons
indemnified in connection with each nuclear incident shall not
exceed $500,000,000, including such legal costs of the licensee
as are approved by the Commission;
(2) such contracts of indemnification shall cover public
liability arising out of or in connection with the licensed
activity; and shall include damage to property of persons
indemnified, except property which is located at the site of and
used in connection with the activity where the nuclear incident
occurs; and
(3) such contracts of indemnification, when entered into with a
licensee having immunity from public liability because it is a
State agency, shall provide also that the Commission shall make
payments under the contract on account of activities of the
licensee in the same manner and to the same extent as the
Commission would be required to do if the licensee were not such
a State agency.
Any licensee may waive an exemption to which it is entitled under
this subsection. With respect to any production or utilization
facility for which a construction permit is issued between August
30, 1954, and December 31, 2025, the requirements of this
subsection shall apply to any license issued for such facility
subsequent to December 31, 2025.
(l) Presidential commission on catastrophic nuclear accidents
(1) Not later than 90 days after August 20, 1988, the President
shall establish a commission (in this subsection referred to as the
"study commission") in accordance with the Federal Advisory
Committee Act (5 U.S.C. App.) to study means of fully compensating
victims of a catastrophic nuclear accident that exceeds the amount
of aggregate public liability under subsection (e)(1) of this
section.
(2)(A) The study commission shall consist of not less than 7 and
not more than 11 members, who -
(i) shall be appointed by the President; and
(ii) shall be representative of a broad range of views and
interests.
(B) The members of the study commission shall be appointed in a
manner that ensures that not more than a mere majority of the
members are of the same political party.
(C) Each member of the study commission shall hold office until
the termination of the study commission, but may be removed by the
President for inefficiency, neglect of duty, or malfeasance in
office.
(D) Any vacancy in the study commission shall be filled in the
manner in which the original appointment was made.
(E) The President shall designate one of the members of the study
commission as chairperson, to serve at the pleasure of the
President.
(3) The study commission shall conduct a comprehensive study of
appropriate means of fully compensating victims of a catastrophic
nuclear accident that exceeds the amount of aggregate public
liability under subsection (e)(1) of this section, and shall submit
to the Congress a final report setting forth -
(A) recommendations for any changes in the laws and rules
governing the liability or civil procedures that are necessary
for the equitable, prompt, and efficient resolution and payment
of all valid damage claims, including the advisability of
adjudicating public liability claims through an administrative
agency instead of the judicial system;
(B) recommendations for any standards or procedures that are
necessary to establish priorities for the hearing, resolution,
and payment of claims when awards are likely to exceed the amount
of funds available within a specific time period; and
(C) recommendations for any special standards or procedures
necessary to decide and pay claims for latent injuries caused by
the nuclear incident.
(4)(A) The chairperson of the study commission may appoint and
fix the compensation of a staff of such persons as may be necessary
to discharge the responsibilities of the study commission, subject
to the applicable provisions of the Federal Advisory Committee Act
(5 U.S.C. App.) and title 5.
(B) To the extent permitted by law and requested by the
chairperson of the study commission, the Administrator of General
Services shall provide the study commission with necessary
administrative services, facilities, and support on a reimbursable
basis.
(C) The Attorney General, the Secretary of Health and Human
Services, and the Director of the Federal Emergency Management
Agency shall, to the extent permitted by law and subject to the
availability of funds, provide the study commission with such
facilities, support, funds and services, including staff, as may be
necessary for the effective performance of the functions of the
study commission.
(D) The study commission may request any Executive agency to
furnish such information, advice, or assistance as it determines to
be necessary to carry out its functions. Each such agency is
directed, to the extent permitted by law, to furnish such
information, advice or assistance upon request by the chairperson
of the study commission.
(E) Each member of the study commission may receive compensation
at the maximum rate prescribed by the Federal Advisory Committee
Act (5 U.S.C. App.) for each day such member is engaged in the work
of the study commission. Each member may also receive travel
expenses, including per diem in lieu of subsistence under sections
5702 and 5703 of title 5.
(F) The functions of the President under the Federal Advisory
Committee Act (5 U.S.C. App.) that are applicable to the study
commission, except the function of reporting annually to the
Congress, shall be performed by the Administrator of General
Services.
(5) The final report required in paragraph (3) shall be submitted
to the Congress not later than the expiration of the 2-year period
beginning on August 20, 1988.
(6) The study commission shall terminate upon the expiration of
the 2-month period beginning on the date on which the final report
required in paragraph (3) is submitted.
(m) Coordinated procedures for prompt settlement of claims and
emergency assistance
The Commission or the Secretary, as appropriate, is authorized to
enter into agreements with other indemnitors to establish
coordinated procedures for the prompt handling, investigation, and
settlement of claims for public liability. The Commission or the
Secretary, as appropriate, and other indemnitors may make payments
to, or for the aid of, claimants for the purpose of providing
immediate assistance following a nuclear incident. Any funds
appropriated to the Commission or the Secretary, as appropriate,
shall be available for such payments. Such payments may be made
without securing releases, shall not constitute an admission of the
liability of any person indemnified or of any indemnitor, and shall
operate as a satisfaction to the extent thereof of any final
settlement or judgment.
(n) Waiver of defenses and judicial procedures
(1) With respect to any extraordinary nuclear occurrence to which
an insurance policy or contract furnished as proof of financial
protection or an indemnity agreement applies and which -
(A) arises out of or results from or occurs in the course of
the construction, possession, or operation of a production or
utilization facility,
(B) arises out of or results from or occurs in the course of
transportation of source material, byproduct material, or special
nuclear material to or from a production or utilization facility,
(C) during the course of the contract activity arises out of or
results from the possession, operation, or use by a Department of
Energy contractor or subcontractor of a device utilizing special
nuclear material or byproduct material,
(D) arises out of, results from, or occurs in the course of,
the construction, possession, or operation of any facility
licensed under section 2073, 2093, or 2111 of this title, for
which the Commission has imposed as a condition of the license a
requirement that the licensee have and maintain financial
protection under subsection (a) of this section,
(E) arises out of, results from, or occurs in the course of,
transportation of source material, byproduct material, or special
nuclear material to or from any facility licensed under section
2073, 2093, or 2111 of this title, for which the Commission has
imposed as a condition of the license a requirement that the
licensee have and maintain financial protection under subsection
(a) of this section, or
(F) arises out of, results from, or occurs in the course of
nuclear waste activities.(!3)
the Commission or the Secretary, as appropriate, may incorporate
provisions in indemnity agreements with licensees and contractors
under this section, and may require provisions to be incorporated
in insurance policies or contracts furnished as proof of financial
protection, which waive (i) any issue or defense as to conduct of
the claimant or fault of persons indemnified, (ii) any issue or
defense as to charitable or governmental immunity, and (iii) any
issue or defense based on any statute of limitations if suit is
instituted within three years from the date on which the claimant
first knew, or reasonably could have known, of his injury or damage
and the cause thereof. The waiver of any such issue or defense
shall be effective regardless of whether such issue or defense may
otherwise be deemed jurisdictional or relating to an element in the
cause of action. When so incorporated, such waivers shall be
judicially enforcible in accordance with their terms by the
claimant against the person indemnified. Such waivers shall not
preclude a defense based upon a failure to take reasonable steps to
mitigate damages, nor shall such waivers apply to injury or damage
to a claimant or to a claimant's property which is intentionally
sustained by the claimant or which results from a nuclear incident
intentionally and wrongfully caused by the claimant. The waivers
authorized in this subsection shall, as to indemnitors, be
effective only with respect to those obligations set forth in the
insurance policies or the contracts furnished as proof of financial
protection and in the indemnity agreements. Such waivers shall not
apply to, or prejudice the prosecution or defense of, any claim or
portion of claim which is not within the protection afforded under
(i) the terms of insurance policies or contracts furnished as proof
of financial protection, or indemnity agreements, and (ii) the
limit of liability provisions of subsection (e) of this section.
(2) With respect to any public liability action arising out of or
resulting from a nuclear incident, the United States district court
in the district where the nuclear incident takes place, or in the
case of a nuclear incident taking place outside the United States,
the United States District Court for the District of Columbia,
shall have original jurisdiction without regard to the citizenship
of any party or the amount in controversy. Upon motion of the
defendant or of the Commission or the Secretary, as appropriate,
any such action pending in any State court (including any such
action pending on August 20, 1988) or United States district court
shall be removed or transferred to the United States district court
having venue under this subsection. Process of such district court
shall be effective throughout the United States. In any action that
is or becomes removable pursuant to this paragraph, a petition for
removal shall be filed within the period provided in section 1446
of title 28 or within the 30-day period beginning on August 20,
1988, whichever occurs later.
(3)(A) Following any nuclear incident, the chief judge of the
United States district court having jurisdiction under paragraph
(2) with respect to public liability actions (or the judicial
council of the judicial circuit in which the nuclear incident
occurs) may appoint a special caseload management panel (in this
paragraph referred to as the "management panel") to coordinate and
assign (but not necessarily hear themselves) cases arising out of
the nuclear incident, if -
(i) a court, acting pursuant to subsection (o) of this section,
determines that the aggregate amount of public liability is
likely to exceed the amount of primary financial protection
available under subsection (b) of this section (or an equivalent
amount in the case of a contractor indemnified under subsection
(d) of this section); or
(ii) the chief judge of the United States district court (or
the judicial council of the judicial circuit) determines that
cases arising out of the nuclear incident will have an unusual
impact on the work of the court.
(B)(i) Each management panel shall consist only of members who
are United States district judges or circuit judges.
(ii) Members of a management panel may include any United States
district judge or circuit judge of another district court or court
of appeals, if the chief judge of such other district court or
court of appeals consents to such assignment.
(C) It shall be the function of each management panel -
(i) to consolidate related or similar claims for hearing or
trial;
(ii) to establish priorities for the handling of different
classes of cases;
(iii) to assign cases to a particular judge or special master;
(iv) to appoint special masters to hear particular types of
cases, or particular elements or procedural steps of cases;
(v) to promulgate special rules of court, not inconsistent with
the Federal Rules of Civil Procedure, to expedite cases or allow
more equitable consideration of claims;
(vi) to implement such other measures, consistent with existing
law and the Federal Rules of Civil Procedure, as will encourage
the equitable, prompt, and efficient resolution of cases arising
out of the nuclear incident; and
(vii) to assemble and submit to the President such data,
available to the court, as may be useful in estimating the
aggregate damages from the nuclear incident.
(o) Plan for distribution of funds
(1) Whenever the United States district court in the district
where a nuclear incident occurs, or the United States District
Court for the District of Columbia in case of a nuclear incident
occurring outside the United States, determines upon the petition
of any indemnitor or other interested person that public liability
from a single nuclear incident may exceed the limit of liability
under the applicable limit of liability under subparagraph (A),
(B), or (C) of subsection (e)(1) of this section:
(A) Total payments made by or for all indemnitors as a result
of such nuclear incident shall not exceed 15 per centum of such
limit of liability without the prior approval of such court;
(B) The court shall not authorize payments in excess of 15 per
centum of such limit of liability unless the court determines
that such payments are or will be in accordance with a plan of
distribution which has been approved by the court or such
payments are not likely to prejudice the subsequent adoption and
implementation by the court of a plan of distribution pursuant to
subparagraph (C); and
(C) The Commission or the Secretary, as appropriate, shall, and
any other indemnitor or other interested person may, submit to
such district court a plan for the disposition of pending claims
and for the distribution of remaining funds available. Such a
plan shall include an allocation of appropriate amounts for
personal injury claims, property damage claims, and possible
latent injury claims which may not be discovered until a later
time and shall include establishment of priorities between
claimants and classes of claims, as necessary to insure the most
equitable allocation of available funds. Such court shall have
all power necessary to approve, disapprove, or modify plans
proposed, or to adopt another plan; and to determine the
proportionate share of funds available for each claimant. The
Commission or the Secretary as appropriate, any other indemnitor,
and any person indemnified shall be entitled to such orders as
may be appropriate to implement and enforce the provisions of
this section, including orders limiting the liability of the
persons indemnified, orders approving or modifying the plan,
orders staying the payment of claims and the execution of court
judgments, orders apportioning the payments to be made to
claimants, and orders permitting partial payments to be made
before final determination of the total claims. The orders of
such court shall be effective throughout the United States.
(D) A court may authorize payment of only such legal costs as
are permitted under paragraph (2) from the amount of financial
protection required by subsection (b) of this section.
(E) If the sum of public liability claims and legal costs
authorized under paragraph (2) arising from any nuclear incident
exceeds the maximum amount of financial protection required under
subsection (b) of this section, any licensee required to pay a
standard deferred premium under subsection (b)(1) of this section
shall, in addition to such deferred premium, be charged such an
amount as is necessary to pay a pro rata share of such claims and
costs, but in no case more than 5 percent of the maximum amount
of such standard deferred premium described in such subsection.
(2) A court may authorize the payment of legal costs under
paragraph (1)(D) only if the person requesting such payment has -
(A) submitted to the court the amount of such payment
requested; and
(B) demonstrated to the court -
(i) that such costs are reasonable and equitable; and
(ii) that such person has -
(I) litigated in good faith;
(II) avoided unnecessary duplication of effort with that of
other parties similarly situated;
(III) not made frivolous claims or defenses; and
(IV) not attempted to unreasonably delay the prompt
settlement or adjudication of such claims.
(p) Reports to Congress
The Commission and the Secretary shall submit to the Congress by
December 31, 2021, detailed reports concerning the need for
continuation or modification of the provisions of this section,
taking into account the condition of the nuclear industry,
availability of private insurance, and the state of knowledge
concerning nuclear safety at that time, among other relevant
factors, and shall include recommendations as to the repeal or
modification of any of the provisions of this section.
(q) Limitation on awarding of precautionary evacuation costs
No court may award costs of a precautionary evacuation unless
such costs constitute a public liability.
(r) Limitation on liability of lessors
No person under a bona fide lease of any utilization or
production facility (or part thereof or undivided interest therein)
shall be liable by reason of an interest as lessor of such
production or utilization facility, for any legal liability arising
out of or resulting from a nuclear incident resulting from such
facility, unless such facility is in the actual possession and
control of such person at the time of the nuclear incident giving
rise to such legal liability.
(s) Limitation on punitive damages
No court may award punitive damages in any action with respect to
a nuclear incident or precautionary evacuation against a person on
behalf of whom the United States is obligated to make payments
under an agreement of indemnification covering such incident or
evacuation.
(t) Inflation adjustment
(1) The Commission shall adjust the amount of the maximum total
and annual standard deferred premium under subsection (b)(1) of
this section not less than once during each 5-year period following
August 20, 2003, in accordance with the aggregate percentage change
in the Consumer Price Index since -
(A) August 20, 2003, in the case of the first adjustment under
this subsection; or
(B) the previous adjustment under this subsection.
(2) The Secretary shall adjust the amount of indemnification
provided under an agreement of indemnification under subsection (d)
of this section not less than once during each 5-year period
following July 1, 2003, in accordance with the aggregate percentage
change in the Consumer Price Index since -
(A) that date, in the case of the first adjustment under this
paragraph; or
(B) the previous adjustment under this paragraph.
(3) For purposes of this subsection, the term "Consumer Price
Index" means the Consumer Price Index for all urban consumers
published by the Secretary of Labor.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 170, as added Pub. L. 85-256,
Sec. 4, Sept. 2, 1957, 71 Stat. 576; amended Pub. L. 85-602, Secs.
2, 2[3], Aug. 8, 1958, 72 Stat. 525; Pub. L. 85-744, Aug. 23, 1958,
72 Stat. 837; Pub. L. 87-206, Sec. 15, Sept. 6, 1961, 75 Stat. 479;
Pub. L. 87-615, Secs. 6, 7, Aug. 29, 1962, 76 Stat. 410; Pub. L. 88-
394, Secs. 2, 3, Aug. 1, 1964, 78 Stat. 376; Pub. L. 89-210, Secs.
1-5, Sept. 29, 1965, 79 Stat. 855-857; Pub. L. 89-645, Secs. 2, 3,
Oct. 13, 1966, 80 Stat. 891; Pub. L. 94-197, Secs. 2-14, Dec. 31,
1975, 89 Stat. 1111-1115; Pub. L. 100-408, Secs. 2-4(a), 5(c)-
11(a), (c), (d)(1), 12-15, 16(a)(2), (b)(3)-(c), (d)(4)-(e), Aug.
20, 1988, 102 Stat. 1066-1068, 1070-1080; renumbered title I, Pub.
L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
2944; Pub. L. 105-362, title XII, Sec. 1201(b), Nov. 10, 1998, 112
Stat. 3292; Pub. L. 107-314, div. C, title XXXI, Sec. 3171, Dec. 2,
2002, 116 Stat. 2743; Pub. L. 108-7, div. O, Sec. 101, Feb. 20,
2003, 117 Stat. 551; Pub. L. 108-375, div. C, title XXXI, Sec.
3141, Oct. 28, 2004, 118 Stat. 2171; Pub. L. 109-58, title VI,
Secs. 602-608, Aug. 8, 2005, 119 Stat. 779-781.)
-REFTEXT-
REFERENCES IN TEXT
Public Law 85-804, referred to in subsec. (d)(1)(B)(i)(I), is
Pub. L. 85-804, Aug. 28, 1958, 72 Stat. 972, as amended, which is
classified generally to chapter 29 (Sec. 1431 et seq.) of Title 50,
War and National Defense. For complete classification of this Act
to the Code, see Tables.
The Federal Advisory Committee Act, referred to in subsec.
(l)(1), (4)(A), (E), (F), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
770, as amended, which is set out in the Appendix to Title 5,
Government Organization and Employees.
The Federal Rules of Civil Procedure, referred to in subsec.
(n)(3)(C)(v), (vi), are set out in the Appendix to Title 28,
Judiciary and Judicial Procedure.
-MISC1-
AMENDMENTS
2005 - Subsec. (b)(1). Pub. L. 109-58, Sec. 603(1), substituted
"$95,800,000" for "$63,000,000" and "$15,000,000 in any 1 year
(subject to adjustment for inflation under subsection (t) of this
section)" for "$10,000,000 in any 1 year" in second proviso of
third sentence.
Subsec. (b)(5). Pub. L. 109-58, Sec. 608, added par. (5).
Subsec. (c). Pub. L. 109-58, Sec. 602(a), substituted "licensees"
for "licenses" in heading and substituted "December 31, 2025" for
"December 31, 2003" in text wherever appearing.
Subsec. (d)(1)(A). Pub. L. 109-58, Sec. 602(b), substituted
"December 31, 2025" for "December 31, 2006".
Subsec. (d)(2). Pub. L. 109-58, Sec. 604(a), added par. (2) and
struck out former par. (2) which read as follows: "In agreements of
indemnification entered into under paragraph (1), the Secretary may
require the contractor to provide and maintain financial protection
of such a type and in such amounts as the Secretary shall determine
to be appropriate to cover public liability arising out of or in
connection with the contractual activity, and shall indemnify the
persons indemnified against such claims above the amount of the
financial protection required, to the full extent of the aggregate
public liability of the persons indemnified for each nuclear
incident, including such legal costs of the contractor as are
approved by the Secretary."
Subsec. (d)(3). Pub. L. 109-58, Sec. 604(b), added par. (3) and
struck out former par. (3) which read as follows:
"(3)(A) Notwithstanding paragraph (2), if the maximum amount of
financial protection required of licensees under subsection (b) of
this section is increased by the Commission, the amount of
indemnity, together with any financial protection required of the
contractor, shall at all times remain equal to or greater than the
maximum amount of financial protection required of licensees under
subsection (b) of this section.
"(B) The amount of indemnity provided contractors under this
subsection shall not, at any time, be reduced in the event that the
maximum amount of financial protection required of licensees is
reduced.
"(C) All agreements of indemnification under which the Department
of Energy (or its predecessor agencies) may be required to
indemnify any person, shall be deemed to be amended, on August 20,
1988, to reflect the amount of indemnity for public liability and
any applicable financial protection required of the contractor
under this subsection on August 20, 1988."
Subsec. (d)(5). Pub. L. 109-58, Sec. 605(a), substituted
"$500,000,000" for "$100,000,000".
Subsec. (e)(1)(B). Pub. L. 109-58, Sec. 604(c), struck out "the
maximum amount of financial protection required under subsection
(b) of this section or" before "the amount of indemnity" and
substituted "paragraph (2) of subsection (d) of this section" for
"paragraph (3) of subsection (d) of this section, whichever amount
is more".
Subsec. (e)(4). Pub. L. 109-58, Sec. 605(b), substituted
"$500,000,000" for "$100,000,000".
Subsec. (k). Pub. L. 109-58, Sec. 602(c), substituted "December
31, 2025" for "August 1, 2002" wherever appearing.
Subsec. (p). Pub. L. 109-58, Sec. 606, substituted "December 31,
2021" for "August 1, 1998".
Subsec. (t)(1). Pub. L. 109-58, Sec. 603(2), inserted "total and
annual" before "standard deferred premium" in introductory
provisions and substituted "August 20, 2003" for "August 20, 1988"
in introductory provisions and subpar. (A).
Subsec. (t)(2), (3). Pub. L. 109-58, Sec. 607, added par. (2) and
redesignated former par. (2) as (3).
2004 - Subsec. (d)(1)(A). Pub. L. 108-375 substituted "until
December 31, 2006" for "until December 31, 2004".
2003 - Subsec. (c). Pub. L. 108-7 substituted "December 31, 2003"
for "August 1, 2002" wherever appearing.
2002 - Subsec. (d)(1)(A). Pub. L. 107-314 substituted "until
December 31, 2004," for "until August 1, 2002,".
1998 - Subsec. (p). Pub. L. 105-362 struck out par. (1)
designation and struck out par. (2) which read as follows: "Not
later than April 1 of each year, the Commission and the Secretary
shall each submit an annual report to the Congress setting forth
the activities under this section during the preceding calendar
year."
1988 - Subsec. (a). Pub. L. 100-408, Sec. 16(e)(1), inserted
"Requirement of financial protection for licensees" as heading.
Pub. L. 100-408, Sec. 16(d)(4), substituted "section 2i." for
"subsection 2i. of the Atomic Energy Act of 1954, as amended",
"subsection b." for "subsection 170b.", and "subsection c." for
"subsection 170c.", which for purposes of codification were
translated as "section 2012(i) of this title", "subsection (b) of
this section", and "subsection (c) of this section", respectively,
thus requiring no change in text.
Pub. L. 100-408, Sec. 16(a)(2), substituted "the Nuclear
Regulatory Commission (in this section referred to as the
'Commission') in the exercise" for "the Commission in the
exercise".
Subsec. (b). Pub. L. 100-408, Sec. 16(e)(2), inserted "Amount and
type of financial protection for licensees" as heading.
Subsec. (b)(1). Pub. L. 100-408, Sec. 2(a)-(c)(3), inserted par.
(1) designation, inserted "primary" after "The amount of", "the
amount of", "Such", and "of such", redesignated cls. (1) to (3) as
(A) to (C), inserted "(excluding the amount of private liability
insurance available under the industry retrospective rating plan
required in this subsection)", substituted "The Commission shall
require licensees that are required to have and maintain primary
financial protection equal to the maximum amount of liability
insurance available from private sources to maintain, in addition
to such primary financial protection," for "In prescribing such
terms and conditions for licensees required to have and maintain
financial protection equal to the maximum amount of liability
insurance available from private sources, the Commission shall, by
rule initially prescribed not later than twelve months from
December 31, 1975, include, in determining such maximum amount",
substituted "That the maximum amount of the standard deferred
premium that may be charged a licensee following any nuclear
incident under such a plan shall not be more than $63,000,000
(subject to adjustment for inflation under subsection (t) of this
section), but not more than $10,000,000 in any 1 year, for each
facility for which such licensee is required to maintain the
maximum amount of primary financial protection" for "That the
standard deferred premium which may be charged following any
nuclear incident under such a plan shall be not less than
$2,000,000 nor more than $5,000,000 for each facility required to
maintain the maximum amount of financial protection", inserted
"(excluding legal costs subject to subsection (o)(1)(D) of this
section, payment of which has not been authorized under such
subsection)", and struck out "The Commission is authorized to
establish a maximum amount which the aggregate deferred premiums
charged for each facility within one calendar year may not exceed.
The Commission may establish amounts less than the standard premium
for individual facilities taking into account such factors as the
facility's size, location, and other factors pertaining to the
hazard."
Subsec. (b)(2). Pub. L. 100-408, Sec. 2(c)(4), added par. (2).
Subsec. (b)(3). Pub. L. 100-408, Sec. 2(d)(1), inserted par. (3)
designation.
Subsec. (b)(4). Pub. L. 100-408, Sec. 2(d)(2), added par. (4).
Subsec. (c). Pub. L. 100-408, Sec. 16(e)(3), inserted
"Indemnification of licenses by Nuclear Regulatory Commission" as
heading.
Pub. L. 100-408, Sec. 3, substituted "August 1, 2002" for "August
1, 1987" wherever appearing.
Subsec. (d). Pub. L. 100-408, Sec. 4(a), inserted
"Indemnification of contractors by Department of Energy" as heading
and completely revised and expanded subsec. (d), changing its
structure from a single unnumbered subsection to one consisting of
seven numbered paragraphs.
Subsec. (e). Pub. L. 100-408, Sec. 6, inserted "Limitation on
aggregate public liability" as heading and completely revised and
expanded subsec. (e), changing its structure from a single
unnumbered subsection to one consisting of four numbered
paragraphs.
Subsec. (f). Pub. L. 100-408, Sec. 16(e)(4), inserted "Collection
of fees by Nuclear Regulatory Commission" as heading.
Pub. L. 100-408, Sec. 16(b)(3), inserted "or the Secretary, as
appropriate," in two places.
Subsec. (g). Pub. L. 100-408, Sec. 16(e)(5), inserted "Use of
services of private insurers" as heading.
Pub. L. 100-408, Sec. 16(c)(1), substituted "section 3709 of the
Revised Statutes (41 U.S.C. 5)" for "section 3709 of the Revised
Statutes", which for purposes of codification was translated as
"section 5 of title 41", thus requiring no change in text.
Pub. L. 100-408, Sec. 16(b)(4), inserted "or the Secretary, as
appropriate," after "Commission", wherever appearing.
Subsec. (h). Pub. L. 100-408, Sec. 16(e)(6), inserted "Conditions
of agreements of indemnification" as heading.
Pub. L. 100-408, Sec. 16(b)(4), inserted "or the Secretary, as
appropriate," after "Commission", wherever appearing.
Subsec. (i). Pub. L. 100-408, Sec. 7(a), inserted "Compensation
plans" as heading and completely revised and expanded subsec. (i),
changing its structure from a single unnumbered subsection to one
consisting of six numbered paragraphs.
Subsec. (j). Pub. L. 100-408, Sec. 16(e)(7), inserted "Contracts
in advance of appropriations" as heading.
Pub. L. 100-408, Sec. 16(c)(2), substituted "sections 1341, 1342,
1349, 1350, and 1351, and subchapter II of chapter 15, of title 31"
for "section 3679 of the Revised Statutes, as amended".
Pub. L. 100-408, Sec. 16(b)(4), inserted "or the Secretary, as
appropriate,".
Subsec. (k). Pub. L. 100-408, Sec. 16(e)(8), inserted "Exemption
from financial protection requirement for nonprofit educational
institutions" as heading.
Pub. L. 100-408, Sec. 16(d)(5), in introductory provisions
substituted "subsection a" for "subsection 170a", which for
purposes of codification was translated as "subsection (a) of this
section", thus requiring no change in text.
Pub. L. 100-408, Sec. 8(1), substituted "August 1, 2002" for
"August 1, 1987", wherever appearing in introductory and closing
provisions.
Subsec. (k)(1). Pub. L. 100-408, Sec. 8(2), substituted
"including such legal costs of the licensee as are approved by the
Commission" for "excluding cost of investigating and settling
claims and defending suits for damage".
Subsec. (l). Pub. L. 100-408, Sec. 9, inserted "Presidential
commission on catastrophic nuclear accidents" as heading and
completely revised and expanded subsec. (l), changing its structure
from a single unnumbered subsection to one consisting of six
numbered paragraphs.
Subsec. (m). Pub. L. 100-408, Sec. 16(e)(9), inserted
"Coordinated procedures for prompt settlement of claims and
emergency assistance" as heading.
Pub. L. 100-408, Sec. 16(b)(4), inserted "or the Secretary, as
appropriate," after "Commission" wherever appearing.
Subsec. (n). Pub. L. 100-408, Sec. 16(e)(10), inserted "Waiver of
defenses and judicial procedures" as heading.
Subsec. (n)(1). Pub. L. 100-408, Secs. 10, 16(b)(5)(A), (d)(6),
redesignated existing subpars. (a), (b), and (c) as (A), (B), and
(C), respectively, added subpars. (D), (E), and (F), substituted "a
Department of Energy contractor" for "a Commission contractor" in
subpar. (C), and, in closing provisions inserted ", or the
Secretary, as appropriate," after "the Commission", struck out ",
but in no event more than twenty years after the date of the
nuclear incident" after "and the cause thereof", and substituted
"subsection e" for "subsection 170e", which for purposes of
codification was translated as "subsection (e) of this section",
requiring no change in text.
Subsec. (n)(2). Pub. L. 100-408, Sec. 16(b)(5)(B), inserted "or
the Secretary, as appropriate" after "Commission".
Pub. L. 100-408, Sec. 11(a), substituted "a nuclear incident" for
"an extraordinary nuclear occurrence" in two places and "the
nuclear incident" for "the extraordinary nuclear occurrence", and
inserted "(including any such action pending on August 20, 1988)",
and "In any action that is or becomes removable pursuant to this
paragraph, a petition for removal shall be filed within the period
provided in section 1446 of title 28 or within the 30-day period
beginning on August 20, 1988, whichever occurs later."
Subsec. (n)(3). Pub. L. 100-408, Sec. 11(c), added par. (3).
Subsec. (o). Pub. L. 100-408, Sec. 11(d)(1), inserted "Plan for
distribution of funds" as heading, designated existing provisions
as par. (1), redesignated former pars. (1) to (3) as subpars. (A)
to (C), respectively, and added subpars. (D) and (E) and par. (2).
Subsec. (o)(1). Pub. L. 100-408, Sec. 7(b)(1), substituted "the
applicable limit of liability under subparagraph (A), (B), or (C)
of subsection (e)(1) of this section" for "subsection (e) of this
section" in introductory provisions.
Subsec. (o)(1)(B). Pub. L. 100-408, Sec. 16(d)(7), substituted
"subparagraph (C)" for "subparagraph (3) of this subsection (o)".
Subsec. (o)(1)(C). Pub. L. 100-408, Sec. 16(b)(6), inserted "or
the Secretary, as appropriate," after first reference to
"Commission" and "or the Secretary as appropriate" after second
reference to "Commission".
Subsec. (o)(4). Pub. L. 100-408, Sec. 7(b)(2), struck out par.
(4) which read as follows: "The Commission shall, within ninety
days after a court shall have made such determination, deliver to
the Joint Committee a supplement to the report prepared in
accordance with subsection (i) of this section setting forth the
estimated requirements for full compensation and relief of all
claimants, and recommendations as to the relief to be provided."
Subsec. (p). Pub. L. 100-408, Sec. 16(e)(11), inserted "Reports
to Congress" as heading.
Pub. L. 100-408, Sec. 12, designated existing provisions as par.
(1), substituted "and the Secretary shall submit to the Congress by
August 1, 1998, detailed reports" for "shall submit to the Congress
by August 1, 1983, a detailed report", and added par. (2).
Subsec. (q). Pub. L. 100-408, Sec. 5(c), added subsec. (q).
Subsec. (r). Pub. L. 100-408, Sec. 13, added subsec. (r).
Subsec. (s). Pub. L. 100-408, Sec. 14, added subsec. (s).
Subsec. (t). Pub. L. 100-408, Sec. 15, added subsec. (t).
1975 - Subsec. (a). Pub. L. 94-197, Sec. 2, inserted provision
relating to the public purposes cited in section 2012(i) of this
title and "in the exercise of its licensing and regulatory
authority and responsibility" after "as the Commission", and
substituted "required, it may" for "required, it shall".
Subsec. (b). Pub. L. 94-197, Sec. 3, inserted requirement that
for facilities having a rated capacity of 100,000 electrical
kilowatts or more, the amount of financial protection required
shall be at a reasonable cost and on reasonable terms, and
requirement that financial protection be subject to such terms and
conditions as the Commission, by rule, regulation or order
prescribes, and established premium and funding standards and
procedures for prescribing terms and conditions for licensees
required to have and maintain financial protection equal to the
maximum amount of liability insurance available from private
sources. Notwithstanding the directory language that amendment be
made to section 107 b. of the Atomic Energy Act of 1954, as
amended, the amendment was executed to section 170 b. of the Atomic
Energy Act of 1954, as amended, (subsec. (b) of this section) as
the probable intent of Congress.
Subsec. (c). Pub. L. 94-197, Sec. 4, substituted "and August 1,
1987, for which it requires financial protection of less than
$560,000,000," for "and August 1, 1977, for which it requires
financial protection,", "excluding" for "including the reasonable",
and "August 1, 1987" for "August 1, 1977" in text relating to any
production or utilization facility.
Subsec. (d). Pub. L. 94-197, Sec. 5, substituted "until August 1,
1987," for "until August 1, 1977," and "excluding" for "including
the reasonable".
Subsec. (e). Pub. L. 94-197, Sec. 6, designated existing
provisions as cl. (1), added cl. (2), substituted proviso relating
to Congressional review and action for proviso relating to
aggregate liability exceeding the sum of $560,000,000, and
substituted "And provided further" for "Provided further".
Subsec. (f). Pub. L. 94-197, Sec. 7, inserted proviso which
authorized Commission to reduce the indemnity fee for persons with
whom indemnification agreements have been executed in reasonable
relation to increases in financial protection above a level of
$60,000,000.
Subsec. (h). Pub. L. 94-197, Sec. 8, substituted "shall not
include" for "may include reasonable".
Subsec. (i). Pub. L. 94-197, Sec. 9, inserted "or which will
probably result in public liability claims in excess of
$560,000,000," after "this section", and requirement that
Commission report extent of damage caused from a nuclear incident
to the Congressmen of the affected districts and the Senators of
the affected state and substituted provision relating to
information concerning the national defense, for provisions
relating to applicability of prohibition of sections 2161 to 2166
of this title, other laws or Executive order.
Subsec. (k). Pub. L. 94-197, Sec. 10, substituted "August 1,
1987" for "August 1, 1977" wherever appearing and substituted
"excluding" for "including the reasonable" in par. (1).
Subsec. (l). Pub. L. 94-197, Sec. 11, substituted "excluding" for
"including the reasonable".
Subsec. (n)(1)(iii). Pub. L. 94-197, Sec. 12, substituted "twenty
years" for "ten years".
Subsec. (o)(3), (4). Pub. L. 94-197, Sec. 13, in par. (3)
inserted provisions authorizing the establishment, in any plan for
disposition of claims, of priorities between classes of claims and
claimants to extent necessary to ensure the most equitable
allocation of available funds, and added par. (4).
Subsec. (p). Pub. L. 94-197, Sec. 14, added subsec. (p).
1966 - Subsec. (e). Pub. L. 89-645, Sec. 2, struck out last
sentence which authorized application by the Commission or any
indemnified person to district court of the United States having
venue in bankruptcy over location of nuclear incident and to United
States District Court for the District of Columbia in cases of
nuclear incidents occurring outside the United States, and upon a
showing that public liability from a single nuclear incident will
probably exceed the limit of imposable liability, entitled the
applicant to orders for enforcement of this section, including
limitation of liability of indemnified persons, staying payment of
claims and execution of court judgments, apportioning payments to
claimants, permitting partial payments before final determination
of total claims, and setting aside part of funds for possible
injuries not discovered until later time, now incorporated in
subsec. (o) of this section.
Subsecs. (m) to (o). Pub. L. 89-645, Sec. 3, added subsecs. (m)
to (o).
1965 - Subsec. (c). Pub. L. 89-210, Sec. 1, substituted "August
1, 1977" for "August 1, 1967" wherever appearing, and inserted
proviso requiring the amount of indemnity to be reduced by the
amount that the financial protection required shall exceed
$60,000,000.
Subsec. (d). Pub. L. 89-210, Sec. 2, substituted "August 1, 1977"
for "August 1, 1967," and inserted proviso requiring the amount of
indemnity to be reduced by the amount that the financial protection
required shall exceed $60,000,000.
Subsec. (e). Pub. L. 89-210, Sec. 3, inserted proviso prohibiting
the aggregate liability to exceed the sum of $560,000,000.
Subsec. (k). Pub. L. 89-210, Sec. 4, substituted "August 1, 1977"
for "August 1, 1967" wherever appearing.
Subsec. (l). Pub. L. 89-210, Sec. 5, substituted "August 1, 1977"
for "August 1, 1967" and "in the amount of $500,000,000" for "in
the maximum amount provided by subsection (e) of this section",
inserted "in the aggregate for all persons indemnified in
connection with each nuclear incident", and inserted proviso
requiring the amount of indemnity to be reduced by the amount that
the financial protection required shall exceed $60,000,000.
1964 - Subsec. (c). Pub. L. 88-394, Sec. 2, provided that with
respect to any facility for which a permit is issued between Aug.
30, 1954, and Aug. 1, 1967, the requirements of the subsection
shall apply to any license issued subsequent to Aug. 1, 1967.
Subsec. (k). Pub. L. 88-394, Sec. 3, provided that with respect
to any facility for which a permit is issued between Aug. 30, 1954,
and Aug. 1, 1967, the requirements of the subsection shall apply to
any license issued subsequent to Aug. 1, 1967.
1962 - Subsec. (d). Pub. L. 87-615, Sec. 6, limited the amount of
indemnity provided by the Commission for nuclear incidents
occurring outside the United States to $100,000,000.
Subsec. (e). Pub. L. 87-615, Sec. 7, inserted proviso limiting
the aggregate liability in cases of nuclear incidents occurring
outside the United States to which an indemnification agreement
entered into under subsec. (d) of this section is applicable, to
$100,000,000, and substituted "occurring outside the United States,
the Commission or any person indemnified may apply to the United
States District Court for the District of Columbia" for "caused by
ships of the United States outside of the United States, the
Commission or any person indemnified may apply to the appropriate
district court of the United States having venue in bankruptcy
matters over the location of the principal place of business of the
shipping company owning or operating the ship".
1961 - Subsec. (d). Pub. L. 87-206 inserted provision for
liability of contractor to extent of indemnification under this
section free of defense of sovereign immunity.
1958 - Subsec. (e). Pub. L. 85-602, Sec. 2[3], gave the district
court that has venue in bankruptcy matters over the location of the
principal place of business of the shipping company owning or
operating the ship, jurisdiction in cases of nuclear incidents
caused by ships of the United States outside of the United States.
Subsec. (k). Pub. L. 85-744 added subsec. (k).
Subsec. (l). Pub. L. 85-602, Sec. 2, added subsec. (l).
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109-58, title VI, Sec. 609, Aug. 8, 2005, 119 Stat. 781,
provided that: "The amendments made by sections 603, 604, and 605
[amending this section] do not apply to a nuclear incident that
occurs before the date of the enactment of this Act [Aug. 8,
2005]."
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-408 effective Aug. 20, 1988, and
applicable with respect to nuclear incidents occurring on or after
Aug. 20, 1988, except that amendment by section 11 of Pub. L. 100-
408 applicable to nuclear incidents occurring before, on, or after
Aug. 20, 1988, see section 20 of Pub. L. 100-408, set out as a note
under section 2014 of this title.
SHORT TITLE
This section is popularly known as the "Price-Anderson Act" and
also as the "Atomic Energy Damages Act".
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
-MISC2-
TERMINATION OF ADVISORY COMMISSIONS
Advisory commissions established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a commission
established by the President or an officer of the Federal
Government, such commission is renewed by appropriate action prior
to the expiration of such 2-year period, or in the case of a
commission established by the Congress, its duration is otherwise
provided for by law. See sections 3(2) and 14 of Pub. L. 92-463,
Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title
5, Government Organization and Employees.
FINDINGS
Pub. L. 106-245, Sec. 2, July 10, 2000, 114 Stat. 501, provided
that: "Congress finds that -
"(1) the Radiation Exposure Compensation Act [Pub. L. 101-426]
(42 U.S.C. 2210 note) recognized the responsibility of the
Federal Government to compensate individuals who were harmed by
the mining of radioactive materials or fallout from nuclear arms
testing;
"(2) a congressional oversight hearing conducted by the
Committee on Labor and Human Resources [now Committee on Health,
Education, Labor, and Pensions] of the Senate demonstrated that
since enactment of the Radiation Exposure Compensation Act (42
U.S.C. 2210 note), regulatory burdens have made it too difficult
for some deserving individuals to be fairly and efficiently
compensated;
"(3) reports of the Atomic Energy Commission and the National
Institute for Occupational Safety and Health testify to the need
to extend eligibility to States in which the Federal Government
sponsored uranium mining and milling from 1941 through 1971;
"(4) scientific data resulting from the enactment of the
Radiation[-]Exposed Veterans Compensation Act of 1988 (38 U.S.C.
101 note) [Pub. L. 100-321, see Tables for classification], and
obtained from the Committee on the Biological Effects of Ionizing
Radiations, and the President's Advisory Committee on Human
Radiation Experiments provide medical validation for the
extension of compensable radiogenic pathologies;
"(5) above-ground uranium miners, millers and individuals who
transported ore should be fairly compensated, in a manner similar
to that provided for underground uranium miners, in cases in
which those individuals suffered disease or resultant death,
associated with radiation exposure, due to the failure of the
Federal Government to warn and otherwise help protect citizens
from the health hazards addressed by the Radiation Exposure
Compensation Act of 1990 (42 U.S.C. 2210 note); and
"(6) it should be the responsibility of the Federal Government
in partnership with State and local governments and appropriate
healthcare organizations, to initiate and support programs
designed for the early detection, prevention and education on
radiogenic diseases in approved States to aid the thousands of
individuals adversely affected by the mining of uranium and the
testing of nuclear weapons for the Nation's weapons arsenal."
AFFIDAVITS
Pub. L. 106-245, Sec. 3(e)(2), July 10, 2000, 114 Stat. 507,
provided that:
"(A) In general. - The Attorney General shall take such action as
may be necessary to ensure that the procedures established by the
Attorney General under section 6 of the Radiation Exposure
Compensation Act [Pub. L. 101-426] (42 U.S.C. 2210 note) provide
that, in addition to any other material that may be used to
substantiate employment history for purposes of determining working
level months, an individual filing a claim under those procedures
may make such a substantiation by means of an affidavit described
in subparagraph (B).
"(B) Affidavits. - An affidavit referred to under subparagraph
(A) is an affidavit -
"(i) that meets such requirements as the Attorney General may
establish; and
"(ii) is made by a person other than the individual filing the
claim that attests to the employment history of the claimant."
GAO REPORTS
Pub. L. 106-245, Sec. 3(i), July 10, 2000, 114 Stat. 508, which
required General Accounting Office, not later than 18 months after
July 10, 2000, and every 18 months thereafter, to submit a report
to Congress containing a detailed accounting of the administration
of the Radiation Exposure Compensation Act (Pub. L. 101-426, 42
U.S.C. 2210 note) by the Department of Justice, was repealed by
Pub. L. 107-273, div. C, title I, Sec. 11007(b), Nov. 2, 2002, 116
Stat. 1818. See section 14 of Pub. L. 101-426, set out below.
RADIATION EXPOSURE COMPENSATION
Pub. L. 101-426, Oct. 15, 1990, 104 Stat. 920, as amended by Pub.
L. 101-510, div. C, title XXXI, Secs. 3139, 3140, Nov. 5, 1990, 104
Stat. 1835, 1837; Pub. L. 102-486, title XXX, Sec. 3018, Oct. 24,
1992, 106 Stat. 3131; Pub. L. 106-245, Sec. 3(a)-(e)(1), (f)-(h),
July 10, 2000, 114 Stat. 502-508; Pub. L. 107-107, div. A, title X,
Sec. 1063, Dec. 28, 2001, 115 Stat. 1232; Pub. L. 107-273, div. C,
title I, Sec. 11007(a), Nov. 2, 2002, 116 Stat. 1817; Pub. L. 108-
271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108-375, div.
C, title XXXI, Sec. 3165(b), Oct. 28, 2004, 118 Stat. 2187; Pub. L.
108-447, div. B, title I, Sec. 122, Dec. 8, 2004, 118 Stat. 2870,
provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Radiation Exposure Compensation
Act'.
"SEC. 2. FINDINGS, PURPOSE, AND APOLOGY.
"(a) Findings. - The Congress finds that -
"(1) fallout emitted during the Government's atmospheric
nuclear tests exposed individuals to radiation that is presumed
to have generated an excess of cancers among these individuals;
"(2) the health of the individuals who were exposed to
radiation in these tests was put at risk to serve the national
security interests of the United States;
"(3) radiation released in underground uranium mines that were
providing uranium for the primary use and benefit of the nuclear
weapons program of the United States Government exposed miners to
large doses of radiation and other airborne hazards in the mine
environment that together are presumed to have produced an
increased incidence of lung cancer and respiratory diseases among
these miners;
"(4) the United States should recognize and assume
responsibility for the harm done to these individuals; and
"(5) the Congress recognizes that the lives and health of
uranium miners and of individuals who were exposed to radiation
were subjected to increased risk of injury and disease to serve
the national security interests of the United States.
"(b) Purpose. - It is the purpose of this Act to establish a
procedure to make partial restitution to the individuals described
in subsection (a) for the burdens they have borne for the Nation as
a whole.
"(c) Apology. - The Congress apologizes on behalf of the Nation
to the individuals described in subsection (a) and their families
for the hardships they have endured.
"SEC. 3. TRUST FUND.
"(a) Establishment. - There is established in the Treasury of the
United States, a trust fund to be known as the 'Radiation Exposure
Compensation Trust Fund' (hereinafter in this Act referred to as
the 'Fund'), which shall be administered by the Secretary of the
Treasury.
"(b) Investment of Amounts in the Fund. - Amounts in the Fund
shall be invested in accordance with section 9702 of title 31,
United States Code, and any interest on, and proceeds from any such
investment shall be credited to and become a part of the Fund.
"(c) Availability of the Fund. - Amounts in the Fund shall be
available only for disbursement by the Attorney General under
section 6.
"(d) Termination. - The Fund shall terminate 22 years after the
date of the enactment of the Radiation Exposure Compensation Act
Amendments of 2000 [July 10, 2000]. If all of the amounts in the
Fund have not been expended by the end of that 22-year period,
investments of amounts in the Fund shall be liquidated and receipts
thereof deposited in the Fund and all funds remaining in the Fund
shall be deposited in the miscellaneous receipts account in the
Treasury.
"(e) Appropriation. -
"(1) In general. - There are appropriated to the Fund, out of
any money in the Treasury not otherwise appropriated, for fiscal
year 2002 and each fiscal year thereafter, such sums as may be
necessary, not to exceed the applicable maximum amount specified
in paragraph (2), to carry out the purposes of the Fund.
"(2) Limitation. - Appropriation of amounts to the Fund
pursuant to paragraph (1) is subject to the following maximum
amounts:
"(A) For fiscal year 2002, $172,000,000.
"(B) For fiscal year 2003, $143,000,000.
"(C) For fiscal year 2004, $107,000,000.
"(D) For fiscal year 2005, $65,000,000.
"SEC. 4. CLAIMS RELATING TO ATMOSPHERIC NUCLEAR TESTING.
"(a) Claims. -
"(1) Claims relating to leukemia. -
"(A) In general. - An individual described in this
subparagraph shall receive an amount specified in subparagraph
(B) if the conditions described in subparagraph (C) are met. An
individual referred to in the preceding sentence is an
individual who -
"(i)(I) was physically present in an affected area for a
period of at least 1 year during the period beginning on
January 21, 1951, and ending on October 31, 1958;
"(II) was physically present in the affected area for the
period beginning on June 30, 1962, and ending on July 31,
1962; or
"(III) participated onsite in a test involving the
atmospheric detonation of a nuclear device; and
"(ii) submits written documentation that such individual
developed leukemia -
"(I) after the applicable period of physical presence
described in subclause (I) or (II) of clause (i) or onsite
participation described in clause (i)(III) (as the case may
be); and
"(II) more that [sic] 2 years after first exposure to fallout.
"(B) Amounts. - If the conditions described in subparagraph
(C) are met, an individual -
"(i) who is described in subclause (I) or (II) of
subparagraph (A)(i) shall receive $50,000; or
"(ii) who is described in subclause (III) of subparagraph
(A)(i) shall receive $75,000.
"(C) Conditions. - The conditions described in this
subparagraph are as follows:
"(i) Initial exposure occurred prior to age 21.
"(ii) The claim for a payment under subparagraph (B) is
filed with the Attorney General by or on behalf of the
individual.
"(iii) The Attorney General determines, in accordance with
section 6, that the claim meets the requirements of this Act.
"(2) Claims Relating to Specified Diseases. - Any individual
who -
"(A) was physically present in the affected area for a period
of at least 2 years during the period beginning on January 21,
1951, and ending on October 31, 1958,
"(B) was physically present in the affected area for the
period beginning on June 30, 1962, and ending on July 31, 1962,
or
"(C) participated onsite in a test involving the atmospheric
detonation of a nuclear device,
and who submits written medical documentation that he or she,
after such period of physical presence or such participation (as
the case may be), contracted a specified disease, shall receive
$50,000 (in the case of an individual described in subparagraph
(A) or (B)) or $75,000 (in the case of an individual described in
subparagraph (C)), if -
"(i) the claim for such payment is filed with the Attorney
General by or on behalf of such individual, and
"(ii) the Attorney General determines, in accordance with
section 6, that the claim meets the requirements of this Act.
"(3) Conformity with section 6. - Payments under this section
may be made only in accordance with section 6.
"(4) Exclusion. - No payment may be made under this section on
any claim of the Government of the Marshall Islands, or of any
citizen or national of the Marshall Islands, that is referred to
in Article X, Section 1 of the Agreement Between the Government
of the United States and the Government of the Marshall Islands
for the Implementation of section 177 of the Compact of Free
Association (as approved by the Compact of Free Association Act
of 1985 (Public Law 99-239) [48 U.S.C. 1901 et seq., 2001 et
seq.]).
"(b) Definitions. - For purposes of this section, the term -
"(1) 'affected area' means -
"(A) in the State of Utah, the counties of Washington, Iron,
Kane, Garfield, Sevier, Beaver, Millard, Wayne, San Juan, and
Piute;
"(B) in the State of Nevada, the counties of White Pine, Nye,
Lander, Lincoln, Eureka, and that portion of Clark County that
consists of townships 13 through 16 at ranges 63 through 71;
and
"(C) in the State of Arizona, the counties of Coconino,
Yavapai, Navajo, Apache, and Gila, and that part of Arizona
that is north of the Grand Canyon; and
"(2) 'specified disease' means leukemia (other than chronic
lymphocytic leukemia), provided that initial exposure occurred
after the age of 20 and the onset of the disease was at least 2
years after first exposure, and the following diseases, provided
onset was at least 5 years after first exposure: multiple
myeloma, lymphomas (other than Hodgkin's disease), and primary
cancer of the: thyroid, male or female breast, esophagus,
stomach, pharynx, small intestine, pancreas, bile ducts, gall
bladder, salivary gland, urinary bladder, brain, colon, ovary,
liver (except if cirrhosis or hepatitis B is indicated), or lung.
"SEC. 5. CLAIMS RELATING TO URANIUM MINING.
"(a) Eligibility of Individuals. -
"(1) In general. - An individual shall receive $100,000 for a
claim made under this Act if -
"(A) that individual -
"(i) was employed in a uranium mine or uranium mill
(including any individual who was employed in the transport
of uranium ore or vanadium-uranium ore from such mine or
mill) located in Colorado, New Mexico, Arizona, Wyoming,
South Dakota, Washington, Utah, Idaho, North Dakota, Oregon,
and Texas at any time during the period beginning on January
1, 1942, and ending on December 31, 1971; and
"(ii)(I) was a miner exposed to 40 or more working level
months of radiation or worked for at least 1 year during the
period described under clause (i) and submits written medical
documentation that the individual, after that exposure,
developed lung cancer or a nonmalignant respiratory disease;
or
"(II) was a miller or ore transporter who worked for at
least 1 year during the period described under clause (i) and
submits written medical documentation that the individual,
after that exposure, developed lung cancer or a nonmalignant
respiratory disease or renal cancers and other chronic renal
disease including nephritis and kidney tubal tissue injury;
"(B) the claim for that payment is filed with the Attorney
General by or on behalf of that individual; and
"(C) the Attorney General determines, in accordance with
section 6, that the claim meets the requirements of this Act.
"(2) Inclusion of additional states. - Paragraph (1)(A)(i)
shall apply to a State, in addition to the States named under
such clause, if -
"(A) a uranium mine was operated in such State at any time
during the period beginning on January 1, 1942, and ending on
December 31, 1971;
"(B) the State submits an application to the Department of
Justice to include such State; and
"(C) the Attorney General makes a determination to include
such State.
"(3) Payment requirement. - Each payment under this section may
be made only in accordance with section 6.
"(b) Definitions. - For purposes of this section -
"(1) the term 'working level month of radiation' means
radiation exposure at the level of one working level every work
day for a month, or an equivalent exposure over a greater or
lesser amount of time;
"(2) the term 'working level' means the concentration of the
short half-life daughters of radon that will release
(1.3*10(!5)) million electron volts of alpha energy per liter
of air;
"(3) the term 'nonmalignant respiratory disease' means fibrosis
of the lung, pulmonary fibrosis, corpulmonale related to fibrosis
of the lung, silicosis, and pneumoconiosis;
"(4) the term 'Indian tribe' means any Indian tribe, band,
nation, pueblo, or other organized group or community, that is
recognized as eligible for special programs and services provided
by the United States to Indian tribes because of their status as
Indians;
"(5) the term 'written medical documentation' for purposes of
proving a nonmalignant respiratory disease means, in any case in
which the claimant is living -
"(A)(i) an arterial blood gas study; or
"(ii) a written diagnosis by a physician meeting the
requirements of subsection (c)(1); and
"(B)(i) a chest x-ray administered in accordance with
standard techniques and the interpretive reports of a maximum
of two National Institute of Occupational Health and Safety
certified 'B' readers classifying the existence of the
nonmalignant respiratory disease of category 1/0 or higher
according to a 1989 report of the International Labor Office
(known as the 'ILO'), or subsequent revisions;
"(ii) high resolution computed tomography scans (commonly
known as 'HRCT scans') (including computer assisted tomography
scans (commonly known as 'CAT scans'), magnetic resonance
imaging scans (commonly known as 'MRI scans'), and positron
emission tomography scans (commonly known as 'PET scans')) and
interpretive reports of such scans;
"(iii) pathology reports of tissue biopsies; or
"(iv) pulmonary function tests indicating restrictive lung
function, as defined by the American Thoracic Society;
"(6) the term 'lung cancer' -
"(A) means any physiological condition of the lung, trachea,
or bronchus that is recognized as lung cancer by the National
Cancer Institute; and
"(B) includes in situ lung cancers;
"(7) the term 'uranium mine' means any underground excavation,
including 'dog holes', as well as open pit, strip, rim, surface,
or other aboveground mines, where uranium ore or vanadium-uranium
ore was mined or otherwise extracted; and
"(8) the term 'uranium mill' includes milling operations
involving the processing of uranium ore or vanadium-uranium ore,
including both carbonate and acid leach plants.
"(c) Written Documentation. -
"(1) Diagnosis alternative to arterial blood gas study. -
"(A) In general. - For purposes of this Act, the written
diagnosis and the accompanying interpretive reports described
in subsection (b)(5)(A) shall -
"(i) be considered to be conclusive; and
"(ii) be subject to a fair and random audit procedure
established by the Attorney General.
"(B) Certain written diagnoses. -
"(i) In general. - For purposes of this Act, a written
diagnosis made by a physician described under clause (ii) of
a nonmalignant pulmonary disease of a claimant that is
accompanied by written documentation shall be considered to
be conclusive evidence of that disease.
"(ii) Description of physicians. - A physician referred to
under clause (i) is a physician who -
"(I) is employed by the Indian Health Service or the
Department of Veterans Affairs; or
"(II) is a board certified physician; and
"(III) has a documented ongoing physician patient relationship
with the claimant.
"(2) Chest x-rays. -
"(A) In general. - For purposes of this Act, a chest x-ray
and the accompanying interpretive reports described in
subsection (b)(5)(B) shall -
"(i) be considered to be conclusive; and
"(ii) be subject to a fair and random audit procedure
established by the Attorney General.
"(B) Certain written diagnoses. -
"(i) In general. - For purposes of this Act, a written
diagnosis made by a physician described in clause (ii) of a
nonmalignant pulmonary disease of a claimant that is
accompanied by written documentation that meets the
definition of that term under subsection (b)(5) shall be
considered to be conclusive evidence of that disease.
"(ii) Description of physicians. - A physician referred to
under clause (i) is a physician who -
"(I) is employed by -
"(aa) the Indian Health Service; or
"(bb) the Department of Veterans Affairs; and
"(II) has a documented ongoing physician patient relationship
with the claimant.
"SEC. 6. DETERMINATION AND PAYMENT OF CLAIMS.
"(a) Establishment of Filing Procedures. - The Attorney General
shall establish procedures whereby individuals may submit claims
for payments under this Act. In establishing procedures under this
subsection, the Attorney General shall take into account and make
allowances for the law, tradition, and customs of Indian tribes (as
that term is defined in section 5(b)) and members of Indian tribes,
to the maximum extent practicable.
"(b) Determination of Claims. -
"(1) In general. - The Attorney General shall, in accordance
with this subsection, determine whether each claim filed under
this Act meets the requirements of this Act. All reasonable doubt
with regard to whether a claim meets the requirements of this Act
shall be resolved in favor of the claimant.
"(2) Consultation. - The Attorney General shall -
"(A) in consultation with the Surgeon General, establish
guidelines for determining what constitutes written medical
documentation that an individual contracted leukemia under
section 4(a)(1), a specified disease under section 4(a)(2), or
other disease specified in section 5;
"(B) in consultation with the Director of the National
Institute for Occupational Safety and Health, establish
guidelines for determining what constitutes documentation that
an individual was exposed to the working level months of
radiation under section 5; and
"(C) in consultation with the Secretary of Defense and the
Secretary of Energy, establish guidelines for determining what
constitutes documentation that an individual participated
onsite in a test involving the atmospheric detonation of a
nuclear device under section 4(a)(2)(C).
The Attorney General may consult with the Surgeon General with
respect to making determinations pursuant to the guidelines
issued under subparagraph (A), with the Director of the National
Institute for Occupational Safety and Health with respect to
making determinations pursuant to the guidelines issued under
subparagraph (B), and with the Secretary of Defense and the
Secretary of Energy with respect to making determinations
pursuant to the guidelines issued under subparagraph (C)..[sic]
"(c) Payment of Claims. -
"(1) In general. - The Attorney General shall pay, from amounts
available in the Fund (or, in the case of a payment under section
5, from the Energy Employees Occupational Illness Compensation
Fund, pursuant to section 3630(d) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 [42 U.S.C.
7384u(d)]), claims filed under this Act which the Attorney
General determines meet the requirements of this Act.
"(2) Offset for certain payments. - (A) A payment to an
individual, or to a survivor of that individual, under this
section on a claim under subsection (a)(1), (a)(2)(A), or
(a)(2)(B) of section 4 or a claim under section 5 shall be offset
by the amount of any payment made pursuant to a final award or
settlement on a claim (other than a claim for worker's
compensation), against any person, that is based on injuries
incurred by that individual on account of -
"(i) exposure to radiation, from atmospheric nuclear testing,
in the affected area (as defined in section 4(b)(1)) at any
time during the period described in subsection (a)(1),
(a)(2)(A), or (a)(2)(B) of section 4, or
"(ii) exposure to radiation in a uranium mine at any time
during the period described in section 5(a).
"(B) A payment to an individual, or to a survivor of that
individual, under this section on a claim under section
4(a)(2)(C) shall be offset by the amount of -
"(i) any payment made pursuant to a final award or settlement
on a claim (other than a claim for workers' compensation),
against any person, or
"(ii) any payment made by the Department of Veterans Affairs,
that is based on injuries incurred by that individual on account
of exposure to radiation as a result of onsite participation in a
test involving the atmospheric detonation of a nuclear device.
The amount of the offset under this subparagraph with respect to
payments described in clauses (i) and (ii) shall be the actuarial
present value of such payments.
"(3) Right of subrogation. - Upon payment of a claim under this
section, the United States Government is subrogated for the
amount of the payment to a right or claim that the individual to
whom the payment was made may have against any person on account
of injuries referred to in paragraph (2).
"(4) Payments in the case of deceased persons. -
"(A) In general. - In the case of an individual who is
deceased at the time of payment under this section, such
payment may be made only as follows:
"(i) If the individual is survived by a spouse who is
living at the time of payment, such payment shall be made to
such surviving spouse.
"(ii) If there is no surviving spouse described in clause
(i), such payment shall be made in equal shares to all
children of the individual who are living at the time of
payment.
"(iii) If there is no surviving spouse described in clause
(i) and if there are no children described in clause (ii),
such payment shall be made in equal shares to the parents of
the individual who are living at the time of payment.
"(iv) If there is no surviving spouse described in clause
(i), and if there are no children described in clause (ii) or
parents described in clause (iii), such payment shall be made
in equal shares to all grandchildren of the individual who
are living at the time of payment.
"(v) If there is no surviving spouse described in clause
(i), and if there are no children described in clause (ii),
parents described in clause (iii), or grandchildren described
in clause (iv), then such payment shall be made in equal
shares to the grandparents of the individual who are living
at the time of payment.
"(B) Individuals who are survivors. - If an individual
eligible for payment under section 4 or 5 dies before filing a
claim under this Act, a survivor of that individual who may
receive payment under subparagraph (A) may file a claim for
such payment under this Act.
"(C) Definitions. - For purposes of this paragraph -
"(i) the 'spouse' of an individual is a wife or husband of
that individual who was married to that individual for at
least one year immediately before the death of that
individual;
"(ii) a 'child' includes a recognized natural child, a
stepchild who lived with an individual in a regular parent-
child relationship, and an adopted child;
"(iii) a 'parent' includes fathers and mothers through
adoption;
"(iv) a 'grandchild' of an individual is a child of a child
of that individual; and
"(v) a 'grandparent' of an individual is a parent of a
parent of that individual.
"(D) Application of native american law. - In determining
those individuals eligible to receive compensation by virtue of
marriage, relationship, or survivorship, such determination
shall take into consideration and give effect to established
law, tradition, and custom of the particular affected Indian
tribe.
"(d) Action on Claims. -
"(1) In general. - The Attorney General shall complete the
determination on each claim filed in accordance with the
procedures established under subsection (a) not later than twelve
months after the claim is so filed. For purposes of determining
when the 12-month period ends, a claim under this Act shall be
deemed filed as of the date of its receipt by the Attorney
General. In the event of the denial of a claim, the claimant
shall be permitted a reasonable period in which to seek
administrative review of the denial by the Attorney General. The
Attorney General shall make a final determination with respect to
any administrative review within 90 days after the receipt of the
claimant's request for such review. In the event the Attorney
General fails to render a determination within 12 months after
the date of the receipt of such request, the claim shall be
deemed awarded as a matter of law and paid.
"(2) Additional information. - The Attorney General may request
from any claimant under this Act, or from any individual or
entity on behalf of any such claimant, any reasonable additional
information or documentation necessary to complete the
determination on the claim in accordance with the procedures
established under subsection (a).
"(3) Treatment of period associated with request. -
"(A) In general. - The period described in subparagraph (B)
shall not apply to the 12-month limitation under paragraph (1).
"(B) Period. - The period described in this subparagraph is
the period -
"(i) beginning on the date on which the Attorney General
makes a request for additional information or documentation
under paragraph (2); and
"(ii) ending on the date on which the claimant or
individual or entity acting on behalf of that claimant
submits that information or documentation or informs the
Attorney General that it is not possible to provide that
information or that the claimant or individual or entity will
not provide that information.
"(4) Payment within 6 weeks. - The Attorney General shall
ensure that an approved claim is paid not later than 6 weeks
after the date on which such claim is approved.
"(5) Native american considerations. - Any procedures under
this subsection shall take into consideration and incorporate, to
the fullest extent feasible, Native American law, tradition, and
custom with respect to the submission and processing of claims by
Native Americans.
"(e) Payment in Full Settlement of Claims Against the United
States. - Except as otherwise authorized by law, the acceptance of
payment by an individual under this section shall be in full
satisfaction of all claims of or on behalf of that individual
against the United States, or against any person with respect to
that person's performance of a contract with the United States,
that arise out of exposure to radiation, from atmospheric nuclear
testing, in the affected area (as defined in section 4(b)(1)) at
any time during the period described in subsection (a)(1),
(a)(2)(A), or (a)(2)(B) of section 4, exposure to radiation in a
uranium mine, mill, or while employed in the transport of uranium
ore or vanadium-uranium ore from such mine or mill at any time
during the period described in section 5(a), or exposure to
radiation as a result of onsite participation in a test involving
the atmospheric detonation of a nuclear device.
"(f) Administrative Costs Not Paid From the Fund. - No costs
incurred by the Attorney General in carrying out this section shall
be paid from the Fund or set off against, or otherwise deducted
from, any payment under this section to any individual.
"(g) Termination of Duties of Attorney General. - The duties of
the Attorney General under this section shall cease when the Fund
terminates.
"(h) Certification of Treatment of Payments Under Other Laws. -
Amounts paid to an individual under this section -
"(1) shall be treated for purposes of the internal revenue laws
of the United States as damages for human suffering; and
"(2) shall not be included as income or resources for purposes
of determining eligibility to receive benefits described in
section 3803(c)(2)(C) of title 31, United States Code, or the
amount of such benefits.
"(i) Use of Existing Resources. - The Attorney General should use
funds and resources available to the Attorney General to carry out
his or her functions under this Act.
"(j) Regulatory Authority. - The Attorney General may issue such
regulations as are necessary to carry out this Act.
"(k) Issuance of Regulations, Guidelines, and Procedures. -
Regulations, guidelines, and procedures to carry out this Act shall
be issued not later than 180 days after the date of the enactment
of this Act [Oct. 15, 1990]. Not later than 180 days after the date
of enactment of the Radiation Exposure Compensation Act Amendments
of 2000 [July 10, 2000], the Attorney General shall issue revised
regulations to carry out this Act.
"(l) Judicial Review. - An individual whose claim for
compensation under this Act is denied may seek judicial review
solely in a district court of the United States. The court shall
review the denial on the administrative record and shall hold
unlawful and set aside the denial if it is arbitrary, capricious,
an abuse of discretion, or otherwise not in accordance with law.
"SEC. 7. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; CHOICE OF
REMEDIES.
"(a) Claims Not Assignable or Transferable. - No claim cognizable
under this Act shall be assignable or transferable.
"(b) Choice of Remedies. - No individual may receive more than 1
payment under this Act.
"SEC. 8. LIMITATIONS ON CLAIMS.
"(a) In General. - A claim to which this Act applies shall be
barred unless the claim is filed within 22 years after the date of
the enactment of the Radiation Exposure Compensation Act Amendments
of 2000 [July 10, 2000].
"(b) Resubmittal of Claims. - After the date of the enactment of
the Radiation Exposure Compensation Act Amendments of 2000 [July
10, 2000], any claimant who has been denied compensation under this
Act may resubmit a claim for consideration by the Attorney General
in accordance with this Act not more than three times. Any
resubmittal made before the date of the enactment of the Radiation
Exposure Compensation Act Amendments of 2000 shall not be applied
to the limitation under the preceding sentence.
"SEC. 9. ATTORNEY FEES.
"(a) General Rule. - Notwithstanding any contract, the
representative of an individual may not receive, for services
rendered in connection with the claim of an individual under this
Act, more than that percentage specified in subsection (b) of a
payment made under this Act on such claim.
"(b) Applicable Percentage Limitations. - The percentage referred
to in subsection (a) is -
"(1) 2 percent for the filing of an initial claim; and
"(2) 10 percent with respect to -
"(A) any claim with respect to which a representative has
made a contract for services before the date of the enactment
of the Radiation Exposure Compensation Act Amendments of 2000
[July 10, 2000]; or
"(B) a resubmission of a denied claim.
"(c) Penalty. - Any such representative who violates this section
shall be fined not more than $5,000.
"SEC. 10. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.
"A payment made under this Act shall not be considered as any
form of compensation or reimbursement for a loss for purposes of
imposing liability on any individual receiving such payment, on the
basis of such receipt, to repay any insurance carrier for insurance
payments, or to repay any person on account of worker's
compensation payments; and a payment under this Act shall not
affect any claim against an insurance carrier with respect to
insurance or against any person with respect to worker's
compensation.
"SEC. 11. BUDGET ACT.
"No authority under this Act to enter into contracts or to make
payments shall be effective in any fiscal year except to such
extent or in such amounts as are provided in advance in
appropriations Acts.
"SEC. 12. REPORT.
"(a) Report. - The Secretary of Health and Human Services shall
submit a report on the incidence of radiation related moderate or
severe silicosis and pneumoconiosis in uranium miners employed in
the uranium mines that are defined in section 5 and are located off
of Indian reservations.
"(b) Completion. - Such report shall be completed not later than
September 30, 1992.
"SEC. 13. REPEAL.
"Section 1631 of the Department of Energy National Security and
Military Applications of Nuclear Energy Authorization Act of 1985
(42 U.S.C. 2212) is repealed.
"SEC. 14. GAO REPORTS.
"(a) In General. - Not later than 18 months after the date of
enactment of the Radiation Exposure Compensation Act Amendments of
2000 [July 10, 2000], and every 18 months thereafter, the
Government Accountability Office shall submit a report to Congress
containing a detailed accounting of the administration of this Act
by the Department of Justice.
"(b) Contents. - Each report submitted under this section shall
include an analysis of -
"(1) claims, awards, and administrative costs under this Act;
and
"(2) the budget of the Department of Justice relating to this
Act."
NEGOTIATED RULEMAKING ON FINANCIAL PROTECTION FOR
RADIOPHARMACEUTICAL LICENSEES
Section 19 of Pub. L. 100-408 provided that:
"(a) Rulemaking Proceeding. -
"(1) Purpose. - The Nuclear Regulatory Commission (hereafter in
this section referred to as the 'Commission') shall initiate a
proceeding, in accordance with the requirements of this section,
to determine whether to enter into indemnity agreements under
section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210)
with persons licensed by the Commission under section 81, 104(a),
or 104(c) of the Atomic Energy Act of 1954 (42 U.S.C. 2111,
2134(a), and 2134(c)) or by a State under section 274(b) of the
Atomic Energy Act of 1954 (42 U.S.C. 2021(b)) for the
manufacture, production, possession, or use of radioisotopes or
radiopharmaceuticals for medical purposes (hereafter in this
section referred to as 'radiopharmaceutical licensees').
"(2) Final determination. - A final determination with respect
to whether radiopharmaceutical licensees, or any class of such
licensees, shall be indemnified pursuant to section 170 of the
Atomic Energy Act of 1954 (42 U.S.C. 2210) and if so, the terms
and conditions of such indemnification, shall be rendered by the
Commission within 18 months of the date of the enactment of this
Act [Aug. 20, 1988].
"(b) Negotiated Rulemaking. -
"(1) Administrative conference guidelines. - For the purpose of
making the determination required under subsection (a), the
Commission shall, to the extent consistent with the provisions of
this Act [see Short Title of 1988 Amendment note set out under
section 2011 of this title], conduct a negotiated rulemaking in
accordance with the guidance provided by the Administrative
Conference of the United States in Recommendation 82-4,
'Procedures for Negotiating Proposed Regulations' (42 Fed. Reg.
30708, July 15, 1982).
"(2) Designation of convener. - Within 30 days of the date of
the enactment of this Act [Aug. 20, 1988], the Commission shall
designate an individual or individuals recommended by the
Administrative Conference of the United States to serve as a
convener for such negotiations.
"(3) Submission of recommendations of the convener. - The
convener shall, not later than 7 months after the date of the
enactment of this Act, submit to the Commission recommendations
for a proposed rule regarding whether the Commission should enter
into indemnity agreements under section 170 of the Atomic Energy
Act of 1954 (42 U.S.C. 2210) with radiopharmaceutical licensees
and, if so, the terms and conditions of such indemnification. If
the convener recommends that such indemnity be provided for
radiopharmaceutical licensees, the proposed rule submitted by the
convener shall set forth the procedures for the execution of
indemnification agreements with radiopharmaceutical licensees.
"(4) Publication of recommendations and proposed rule. - If the
convener recommends that such indemnity be provided for
radiopharmaceutical licensees, the Commission shall publish the
recommendations of the convener submitted under paragraph (3) as
a notice of proposed rulemaking within 30 days of the submission
of such recommendations under such paragraph.
"(5) Administrative procedures. - To the extent consistent with
the provisions of this Act, the Commission shall conduct the
proceeding required under subsection (a) in accordance with
section 553 of title 5, United States Code."
-EXEC-
EXECUTIVE ORDER NO. 12658
Ex. Ord. No. 12658, Nov. 18, 1988, 53 F.R. 47517, as amended by
Ex. Ord. No. 12665, Jan. 12, 1989, 54 F.R. 1919, which established
President's Commission on Catastrophic Nuclear Accidents, was
revoked by Ex. Ord. No. 12774, Sec. 3(c), Sept. 27, 1991, 56 F.R.
49836, set out as a note under section 14 of the Federal Advisory
Committee Act in the Appendix to Title 5, Government Organization
and Employees.
EXECUTIVE ORDER NO. 12891
Ex. Ord. No. 12891, Jan. 15, 1994, 59 F.R. 2935, which
established the Advisory Committee on Human Radiation Experiments,
was revoked by Ex. Ord. No. 13062, Sec. 3(a), Sept. 29, 1997, 62
F.R. 51756, formerly set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to Title 5,
Government Organization and Employees.
-FOOTNOTE-
(!1) So in original. Probably should be "Commission,".
(!2) So in original. Probably should be paragraph "(6)".
(!3) So in original. The period probably should be a comma.
-End-
-CITE-
42 USC Sec. 2210a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2210a. Conflicts of interest relating to contracts and other
arrangements
-STATUTE-
(a) Disclosure requirements
The Commission shall, by rule, require any person proposing to
enter into a contract, agreement, or other arrangement, whether by
competitive bid or negotiation, under this chapter or any other law
administered by it for the conduct of research, development,
evaluation activities, or for technical and management support
services, to provide the Commission, prior to entering into any
such contract, agreement, or arrangement, with all relevant
information, as determined by the Commission, bearing on whether
that person has a possible conflict of interest with respect to -
(1) being able to render impartial, technically sound, or
objective assistance or advice in light of other activities or
relationships with other persons, or
(2) being given an unfair competitive advantage. Such person
shall insure, in accordance with regulations prescribed by the
Commission, compliance with this section by any subcontractor
(other than a supply subcontractor) of such person in the case of
any subcontract for more than $10,000.
(b) Evaluation
(1) In general
Except as provided in paragraph (2), the Nuclear Regulatory
Commission shall not enter into any such contract agreement or
arrangement unless it finds, after evaluating all information
provided under subsection (a) of this section and any other
information otherwise available to the Commission that -
(A) it is unlikely that a conflict of interest would exist,
or
(B) such conflict has been avoided after appropriate
conditions have been included in such contract, agreement, or
arrangement; except that if the Commission determines that such
conflict of interest exists and that such conflict of interest
cannot be avoided by including appropriate conditions therein,
the Commission may enter into such contract, agreement, or
arrangement, if the Commission determines that it is in the
best interests of the United States to do so and includes
appropriate conditions in such contract, agreement, or
arrangement to mitigate such conflict.
(2) Nuclear Regulatory Commission
Notwithstanding any conflict of interest, the Nuclear
Regulatory Commission may enter into a contract, agreement, or
arrangement with the Department of Energy or the operator of a
Department of Energy facility, if the Nuclear Regulatory
Commission determines that -
(A) the conflict of interest cannot be mitigated; and
(B) adequate justification exists to proceed without
mitigation of the conflict of interest.
(c) Promulgation and publication of rules
The Commission shall publish rules for the implementation of this
section, in accordance with section 553 of title 5 (without regard
to subsection (a)(2) thereof) as soon as practicable after November
6, 1978, but in no event later than 120 days after such date.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 170A, as added Pub. L. 95-
601, Sec. 8(a), Nov. 6, 1978, 92 Stat. 2950; renumbered title I,
Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
2944; amended Pub. L. 109-58, title VI, Sec. 639, Aug. 8, 2005, 119
Stat. 794.)
-MISC1-
AMENDMENTS
2005 - Subsec. (b). Pub. L. 109-58 inserted subsec. heading,
designated existing provisions as par. (1), inserted par. heading,
in introductory provisions substituted "Except as provided in
paragraph (2), the Nuclear Regulatory Commission" for "The
Commission", redesignated former pars. (1) and (2) as subpars. (A)
and (B) of par. (1), respectively, and added par. (2).
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2210b 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2210b. Uranium supply
-STATUTE-
(a) Assessment of domestic uranium industry viability; monitoring
and reporting requirements; criteria; implementation by rules and
regulations
The Secretary of Energy shall monitor and for the years 1983 to
1992 report annually to the Congress and to the President a
determination of the viability of the domestic uranium mining and
milling industry and shall establish by rule, after public notice
and in accordance with the requirements of section 2231 of this
title, within 9 months of January 4, 1983, specific criteria which
shall be assessed in the annual reports on the domestic uranium
industry's viability. The Secretary of Energy is authorized to
issue regulations providing for the collection of such information
as the Secretary of Energy deems necessary to carry out the
monitoring and reporting requirements of this section.
(b) Disclosure of information
Upon a satisfactory showing to the Secretary of Energy by any
person that any information, or portion thereof obtained under this
section, would, if made public, divulge proprietary information of
such person, the Secretary shall not disclose such information and
disclosure thereof shall be punishable under section 1905 of title
18.
(c) Criteria for monitoring and reporting requirements
The criteria referred to in subsection (a) of this section shall
also include, but not be limited to -
(1) an assessment of whether executed contracts or options for
source material or special nuclear material will result in
greater than 37 1/2 percent of actual or projected domestic
uranium requirements for any two-consecutive-year period being
supplied by source material or special nuclear material from
foreign sources;
(2) projections of uranium requirements and inventories of
domestic utilities for a 10 year period;
(3) present and probable future use of the domestic market by
foreign imports;
(4) whether domestic economic reserves can supply all future
needs for a future 10 year period;
(5) present and projected domestic uranium exploration
expenditures and plans;
(6) present and projected employment and capital investment in
the uranium industry;
(7) the level of domestic uranium production capacity
sufficient to meet projected domestic nuclear power needs for a
10 year period; and
(8) a projection of domestic uranium production and uranium
price levels which will be in effect under various assumptions
with respect to imports.
(d) Excessive imports; investigation by United States International
Trade Commission
The Secretary or (!1) Energy, at any time, may determine on the
basis of the monitoring and annual reports required under this
section that source material or special nuclear material from
foreign sources is being imported in such increased quantities as
to be a substantial cause of serious injury, or threat thereof, to
the United States uranium mining and milling industry. Based on
that determination, the United States Trade Representative shall
request that the United States International Trade Commission
initiate an investigation under section 2251 (!2) of title 19.
(e) Excessive imports for contracts or options as threatening
national security; investigation by Secretary of Commerce;
recommendation for further investigation
(1) If, during the period 1982 to 1992, the Secretary of Energy
determines that executed contracts or options for source material
or special nuclear material from foreign sources for use in
utilization facilities within or under the jurisdiction of the
United States represent greater than 37 1/2 percent of actual or
projected domestic uranium requirements for any two-consecutive-
year period, or if the Secretary of Energy determines the level of
contracts or options involving source material and special nuclear
material from foreign sources may threaten to impair the national
security, the Secretary of Energy shall request the Secretary of
Commerce to initiate under section 1862 of title 19 an
investigation to determine the effects on the national security of
imports of source material and special nuclear material. The
Secretary of Energy shall cooperate fully with the Secretary of
Commerce in carrying out such an investigation and shall make
available to the Secretary of Commerce the findings that lead to
this request and such other information that will assist the
Secretary of Commerce in the conduct of the investigation.
(2) The Secretary of Commerce shall, in the conduct of any
investigation requested by the Secretary of Energy pursuant to this
section, take into account any information made available by the
Secretary of Energy, including information regarding the impact on
national security of projected or executed contracts or options for
source material or special nuclear material from foreign sources or
whether domestic production capacity is sufficient to supply
projected national security requirements.
(3) No sooner than 3 years following completion of any
investigation by the Secretary of Commerce under paragraph (1), if
no recommendation has been made pursuant to such study for trade
adjustments to assist or protect domestic uranium production, the
Secretary of Energy may initiate a request for another such
investigation by the Secretary of Commerce.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 170B, as added Pub. L. 97-
415, Sec. 23(b)(1), Jan. 4, 1983, 96 Stat. 2081; renumbered title
I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106
Stat. 2944.)
-REFTEXT-
REFERENCES IN TEXT
Section 2251 of title 19, referred to in subsec. (d), was amended
generally by Pub. L. 100-418, title I, Sec. 1401(a), Aug. 23, 1988,
102 Stat. 1225, and as so amended does not relate to
investigations. See section 2252 of Title 19, Customs Duties.
-MISC1-
REVIEW OF STATUS OF DOMESTIC URANIUM MINING AND MILLING INDUSTRY;
AVAILABILITY TO CONGRESSIONAL COMMITTEES; SCOPE OF REVIEW
Section 23(a) of Pub. L. 97-415 provided that:
"(a)(1) Not later than 12 months after the date of enactment of
this section [Jan. 4, 1983], the President shall prepare and submit
to the Congress a comprehensive review of the status of the
domestic uranium mining and milling industry. This review shall be
made available to the appropriate committees of the United States
Senate and the House of Representatives.
"(2) The Comprehensive review prepared for submission under
paragraph (1) shall include -
"(A) projections of uranium requirements and inventories of
domestic utilities;
"(B) present and future projected uranium production by the
domestic mining and milling industry;
"(C) the present and future probable penetration of the
domestic market by foreign imports;
"(D) the size of domestic and foreign ore reserves;
"(E) present and projected domestic uranium exploration
expenditures and plans;
"(F) present and projected employment and capital investment in
the uranium industry;
"(G) an estimate of the level of domestic uranium production
necessary to ensure the viable existence of a domestic uranium
industry and protection of national security interests;
"(H) an estimate of the percentage of domestic uranium demand
which must be met by domestic uranium production through the year
2000 in order to ensure the level of domestic production
estimated to be necessary under subparagraph (G);
"(I) a projection of domestic uranium production and uranium
price levels which will be in effect both under current policy
and in the event that foreign import restrictions were enacted by
Congress in order to guarantee domestic production at the level
estimated to be necessary under subparagraph (G);
"(J) the anticipated effect of spent nuclear fuel reprocessing
on the demand for uranium; and
"(K) other information relevant to the consideration of
restrictions on the importation of source material and special
nuclear material from foreign sources."
-FOOTNOTE-
(!1) So in original. Probably should be "of".
(!2) See References in Text note below.
-End-
-CITE-
42 USC Sec. 2210c 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2210c. Elimination of pension offset for certain rehired
Federal retirees
-STATUTE-
(a) In general
The Commission may waive the application of section 8344 or 8468
of title 5 on a case-by-case basis for employment of an annuitant -
(1) in a position of the Commission for which there is
exceptional difficulty in recruiting or retaining a qualified
employee; or
(2) when a temporary emergency hiring need exists.
(b) Procedures
The Commission shall prescribe procedures for the exercise of
authority under this section, including -
(1) criteria for any exercise of authority; and
(2) procedures for a delegation of authority.
(c) Effect of waiver
An employee as to whom a waiver under this section is in effect
shall not be considered an employee for purposes of subchapter II
of chapter 83, or chapter 84, of title 5.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 170C, as added Pub. L. 109-
58, title VI, Sec. 624(a), Aug. 8, 2005, 119 Stat. 783.)
-End-
-CITE-
42 USC Sec. 2210d 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2210d. Security evaluations
-STATUTE-
(a) Security response evaluations
Not less often than once every 3 years, the Commission shall
conduct security evaluations at each licensed facility that is part
of a class of licensed facilities, as the Commission considers to
be appropriate, to assess the ability of a private security force
of a licensed facility to defend against any applicable design
basis threat.
(b) Force-on-force exercises
(1) The security evaluations shall include force-on-force
exercises.
(2) The force-on-force exercises shall, to the maximum extent
practicable, simulate security threats in accordance with any
design basis threat applicable to a facility.
(3) In conducting a security evaluation, the Commission shall
mitigate any potential conflict of interest that could influence
the results of a force-on-force exercise, as the Commission
determines to be necessary and appropriate.
(c) Action by licensees
The Commission shall ensure that an affected licensee corrects
those material defects in performance that adversely affect the
ability of a private security force at that facility to defend
against any applicable design basis threat.
(d) Facilities under heightened threat levels
The Commission may suspend a security evaluation under this
section if the Commission determines that the evaluation would
compromise security at a nuclear facility under a heightened threat
level.
(e) Report
Not less often than once each year, the Commission shall submit
to the Committee on Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report, in classified form and unclassified form,
that describes the results of each security response evaluation
conducted and any relevant corrective action taken by a licensee
during the previous year.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 170D, as added Pub. L. 109-
58, title VI, Sec. 651(a)(1), Aug. 8, 2005, 119 Stat. 799.)
-End-
-CITE-
42 USC Sec. 2210e 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2210e. Design basis threat rulemaking
-STATUTE-
(a) Rulemaking
The Commission shall -
(1) not later than 90 days after the date of enactment of this
section, initiate a rulemaking proceeding, including notice and
opportunity for public comment, to be completed not later than 18
months after that date, to revise the design basis threats of the
Commission; or
(2) not later than 18 months after the date of enactment of
this section, complete any ongoing rulemaking to revise the
design basis threats.
(b) Factors
When conducting its rulemaking, the Commission shall consider the
following, but not be limited to -
(1) the events of September 11, 2001;
(2) an assessment of physical, cyber, biochemical, and other
terrorist threats;
(3) the potential for attack on facilities by multiple
coordinated teams of a large number of individuals;
(4) the potential for assistance in an attack from several
persons employed at the facility;
(5) the potential for suicide attacks;
(6) the potential for water-based and air-based threats;
(7) the potential use of explosive devices of considerable size
and other modern weaponry;
(8) the potential for attacks by persons with a sophisticated
knowledge of facility operations;
(9) the potential for fires, especially fires of long duration;
(10) the potential for attacks on spent fuel shipments by
multiple coordinated teams of a large number of individuals;
(11) the adequacy of planning to protect the public health and
safety at and around nuclear facilities, as appropriate, in the
event of a terrorist attack against a nuclear facility; and
(12) the potential for theft and diversion of nuclear materials
from such facilities.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 170E, as added Pub. L. 109-
58, title VI, Sec. 651(a)(1), Aug. 8, 2005, 119 Stat. 799.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of this section, referred to in subsec.
(a), is the date of enactment of Pub. L. 109-58, which was approved
August 8, 2005.
-End-
-CITE-
42 USC Sec. 2210f 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2210f. Recruitment tools
-STATUTE-
The Commission may purchase promotional items of nominal value
for use in the recruitment of individuals for employment.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 170F, as added Pub. L. 109-
58, title VI, Sec. 651(c)(2), Aug. 8, 2005, 119 Stat. 801.)
-End-
-CITE-
42 USC Sec. 2210g 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2210g. Expenses authorized to be paid by the Commission
-STATUTE-
The Commission may -
(1) pay transportation, lodging, and subsistence expenses of
employees who -
(A) assist scientific, professional, administrative, or
technical employees of the Commission; and
(B) are students in good standing at an institution of higher
education (as defined in section 1002 of title 20) pursuing
courses related to the field in which the students are employed
by the Commission; and
(2) pay the costs of health and medical services furnished,
pursuant to an agreement between the Commission and the
Department of State, to employees of the Commission and
dependents of the employees serving in foreign countries.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 170G, as added Pub. L. 109-
58, title VI, Sec. 651(c)(3), Aug. 8, 2005, 119 Stat. 801.)
-End-
-CITE-
42 USC Sec. 2210h 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2210h. Radiation source protection
-STATUTE-
(a) Definitions
In this section:
(1) Code of conduct
The term "Code of Conduct" means the code entitled the "Code of
Conduct on the Safety and Security of Radioactive Sources",
approved by the Board of Governors of the International Atomic
Energy Agency and dated September 8, 2003.
(2) Radiation source
The term "radiation source" means -
(A) a Category 1 Source or a Category 2 Source, as defined in
the Code of Conduct; and
(B) any other material that poses a threat such that the
material is subject to this section, as determined by the
Commission, by regulation, other than spent nuclear fuel and
special nuclear materials.
(b) Commission approval
Not later than 180 days after August 8, 2005, the Commission
shall issue regulations prohibiting a person from -
(1) exporting a radiation source, unless the Commission has
specifically determined under section 2077 or 2112 of this title,
consistent with the Code of Conduct, with respect to the
exportation, that -
(A) the recipient of the radiation source may receive and
possess the radiation source under the laws and regulations of
the country of the recipient;
(B) the recipient country has the appropriate technical and
administrative capability, resources, and regulatory structure
to ensure that the radiation source will be managed in a safe
and secure manner; and
(C) before the date on which the radiation source is shipped -
(i) a notification has been provided to the recipient
country; and
(ii) a notification has been received from the recipient
country;
as the Commission determines to be appropriate;
(2) importing a radiation source, unless the Commission has
determined, with respect to the importation, that -
(A) the proposed recipient is authorized by law to receive
the radiation source; and
(B) the shipment will be made in accordance with any
applicable Federal or State law or regulation; and
(3) selling or otherwise transferring ownership of a radiation
source, unless the Commission -
(A) has determined that the licensee has verified that the
proposed recipient is authorized under law to receive the
radiation source; and
(B) has required that the transfer shall be made in
accordance with any applicable Federal or State law or
regulation.
(c) Tracking system
(1)(A) Not later than 1 year after August 8, 2005, the Commission
shall issue regulations establishing a mandatory tracking system
for radiation sources in the United States.
(B) In establishing the tracking system under subparagraph (A),
the Commission shall coordinate with the Secretary of
Transportation to ensure compatibility, to the maximum extent
practicable, between the tracking system and any system established
by the Secretary of Transportation to track the shipment of
radiation sources.
(2) The tracking system under paragraph (1) shall -
(A) enable the identification of each radiation source by
serial number or other unique identifier;
(B) require reporting within 7 days of any change of possession
of a radiation source;
(C) require reporting within 24 hours of any loss of control
of, or accountability for, a radiation source; and
(D) provide for reporting under subparagraphs (B) and (C)
through a secure Internet connection.
(d) Penalty
A violation of a regulation issued under subsection (a) or (b) of
this section shall be punishable by a civil penalty not to exceed
$1,000,000.
(e) National Academy of Sciences study
(1) Not later than 60 days after August 8, 2005, the Commission
shall enter into an arrangement with the National Academy of
Sciences under which the National Academy of Sciences shall conduct
a study of industrial, research, and commercial uses for radiation
sources.
(2) The study under paragraph (1) shall include a review of uses
of radiation sources in existence on the date on which the study is
conducted, including an identification of any industrial or other
process that -
(A) uses a radiation source that could be replaced with an
economically and technically equivalent (or improved) process
that does not require the use of a radiation source; or
(B) may be used with a radiation source that would pose a lower
risk to public health and safety in the event of an accident or
attack involving the radiation source.
(3) Not later than 2 years after August 8, 2005, the Commission
shall submit to Congress the results of the study under paragraph
(1).
(f) Task force on radiation source protection and security
(1) There is established a task force on radiation source
protection and security (referred to in this section as the "task
force").
(2)(A) The chairperson of the task force shall be the Chairperson
of the Commission (or a designee).
(B) The membership of the task force shall consist of the
following:
(i) The Secretary of Homeland Security (or a designee).
(ii) The Secretary of Defense (or a designee).
(iii) The Secretary of Energy (or a designee).
(iv) The Secretary of Transportation (or a designee).
(v) The Attorney General (or a designee).
(vi) The Secretary of State (or a designee).
(vii) The Director of National Intelligence (or a designee).
(viii) The Director of the Central Intelligence Agency (or a
designee).
(ix) The Director of the Federal Emergency Management Agency
(or a designee).
(x) The Director of the Federal Bureau of Investigation (or a
designee).
(xi) The Administrator of the Environmental Protection Agency
(or a designee).
(3)(A) The task force, in consultation with Federal, State, and
local agencies, the Conference of Radiation Control Program
Directors, and the Organization of Agreement States, and after
public notice and an opportunity for comment, shall evaluate, and
provide recommendations relating to, the security of radiation
sources in the United States from potential terrorist threats,
including acts of sabotage, theft, or use of a radiation source in
a radiological dispersal device.
(B) Not later than 1 year after August 8, 2005, and not less than
once every 4 years thereafter, the task force shall submit to
Congress and the President a report, in unclassified form with a
classified annex if necessary, providing recommendations, including
recommendations for appropriate regulatory and legislative changes,
for -
(i) a list of additional radiation sources that should be
required to be secured under this chapter, based on the potential
attractiveness of the sources to terrorists and the extent of the
threat to public health and safety of the sources, taking into
consideration -
(I) radiation source radioactivity levels;
(II) radioactive half-life of a radiation source;
(III) dispersability;
(IV) chemical and material form;
(V) for radioactive materials with a medical use, the
availability of the sources to physicians and patients for
medical treatment; and
(VI) any other factor that the Chairperson of the Commission
determines to be appropriate;
(ii) the establishment of, or modifications to, a national
system for recovery of lost or stolen radiation sources;
(iii) the storage of radiation sources that are not used in a
safe and secure manner as of the date on which the report is
submitted;
(iv) modifications to the national tracking system for
radiation sources;
(v) the establishment of, or modifications to, a national
system (including user fees and other methods) to provide for the
proper disposal of radiation sources secured under this chapter;
(vi) modifications to export controls on radiation sources to
ensure that foreign recipients of radiation sources are able and
willing to adequately control radiation sources from the United
States;
(vii)(I) any alternative technologies available as of the date
on which the report is submitted that may perform some or all of
the functions performed by devices or processes that employ
radiation sources; and
(II) the establishment of appropriate regulations and
incentives for the replacement of the devices and processes
described in subclause (I) -
(aa) with alternative technologies in order to reduce the
number of radiation sources in the United States; or
(bb) with radiation sources that would pose a lower risk to
public health and safety in the event of an accident or attack
involving the radiation source; and
(viii) the creation of, or modifications to, procedures for
improving the security of use, transportation, and storage of
radiation sources, including -
(I) periodic audits or inspections by the Commission to
ensure that radiation sources are properly secured and can be
fully accounted for;
(II) evaluation of the security measures by the Commission;
(III) increased fines for violations of Commission
regulations relating to security and safety measures applicable
to licensees that possess radiation sources;
(IV) criminal and security background checks for certain
individuals with access to radiation sources (including
individuals involved with transporting radiation sources);
(V) requirements for effective and timely exchanges of
information relating to the results of criminal and security
background checks between the Commission and any State with
which the Commission has entered into an agreement under
section 2021(b) of this title;
(VI) assurances of the physical security of facilities that
contain radiation sources (including facilities used to
temporarily store radiation sources being transported); and
(VII) the screening of shipments to facilities 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) of this
section, the Commission, in accordance with the recommendations of
the task force, shall -
(1) take any action the Commission determines to be
appropriate, including revising the system of the Commission for
licensing radiation sources; and
(2) ensure that States that have entered into agreements with
the Commission under section 2021(b) of this title take similar
action in a timely manner.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 170H, as added Pub. L. 109-
58, title VI, Sec. 651(d)(1), Aug. 8, 2005, 119 Stat. 802.)
-End-
-CITE-
42 USC Sec. 2210i 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2210i. Secure transfer of nuclear materials
-STATUTE-
(a) The Commission shall establish a system to ensure that
materials described in subsection (b) of this section, 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 accompanying the transfer of such materials shall be subject to
a security background check conducted by appropriate Federal
entities.
(b) Except as otherwise provided by the Commission by regulation,
the materials referred to in subsection (a) of this section 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).
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 170I, as added Pub. L. 109-
58, title VI, Sec. 656(a), Aug. 8, 2005, 119 Stat. 813.)
-MISC1-
EFFECTIVE DATE
Pub. L. 109-58, title VI, Sec. 656(c), Aug. 8, 2005, 119 Stat.
814, provided that: "The amendment made by subsection (a) [enacting
this section] shall take effect upon the issuance of regulations
under subsection (b) [set out below], except that the background
check requirement shall become effective on a date established by
the Commission."
REGULATIONS
Pub. L. 109-58, title VI, Sec. 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 individuals that, consistent with the
protection of public health and safety and the common defense and
security, are appropriate exceptions to the requirements of section
170D [probably means 170I] of the Atomic Energy 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, Sec. 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."
-End-
-CITE-
42 USC Sec. 2211 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2211. Payment of claims or judgments for damage resulting from
nuclear incident involving nuclear reactor of United States
warship; exception; terms and conditions
-STATUTE-
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 injury, death, damage, or loss was not caused by the act
of an armed force engaged in combat or 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.
-SOURCE-
(Pub. L. 93-513, Dec. 6, 1974, 88 Stat. 1611.)
-COD-
CODIFICATION
Section was not enacted as part of the Atomic Energy Act of 1954
which comprises this chapter.
-EXEC-
EX. ORD. NO. 11918. COMPENSATION FOR DAMAGES INVOLVING NUCLEAR
REACTORS OF UNITED STATES WARSHIPS
Ex. Ord. No. 11918, eff. June 1, 1976, 41 F.R. 22329, provided:
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 follows:
Section 1. (a) With respect to the administrative settlement 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 involving 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 section], the payment, under
such terms and conditions as he may direct, of such claims and
judgments from contingency 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 recommendation with respect to appropriation by the
Congress 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 compromise settlements arising therefrom.
Sec. 3. The functions herein delegated shall be exercised 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 negotiations relating to Public Law 93-
513 [this section], shall be performed by or under the authority
of the Secretary of State.
Gerald R. Ford.
-End-
-CITE-
42 USC Sec. 2212 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2212. Transferred
-COD-
CODIFICATION
Section, Pub. L. 101-510, div. C, title XXXI, Sec. 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 section 4803 of Pub. L. 107-314, the Bob
Stump National Defense Authorization Act for Fiscal Year 2003, by
Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(4)(A)-(C), Nov.
24, 2003, 117 Stat. 1783, and transferred to section 2783 of Title
50, War and National Defense.
-MISC1-
PRIOR PROVISIONS
A prior section 2212, Pub. L. 98-525, title XVI, Sec. 1631, Oct.
19, 1984, 98 Stat. 2646, related to contractor liability for injury
or loss of property arising out of atomic weapons testing programs,
prior to repeal by Pub. L. 101-426, Sec. 13, as added Pub. L. 101-
510, div. C, title XXXI, Sec. 3140, Nov. 5, 1990, 104 Stat. 1837.
-End-
-CITE-
42 USC Sec. 2213 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2213. Repealed. Pub. L. 109-58, title VI, Sec. 637(b), Aug. 8,
2005, 119 Stat. 791
-MISC1-
Section, Pub. L. 99-272, title VII, Sec. 7601, Apr. 7, 1986, 100
Stat. 146; Pub. L. 100-203, title V, Sec. 5601, Dec. 22, 1987, 101
Stat. 1330-275; Pub. L. 101-239, title III, Sec. 3201, Dec. 19,
1989, 103 Stat. 2132; Pub. L. 101-508, title VI, Sec. 6101(e), Nov.
5, 1990, 104 Stat. 1388-299, related to assessment and collection
of annual charges from Nuclear Regulatory Commission licensees.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 2006, see section 637(c) of Pub. L. 109-
58, set out as an Effective Date of 2005 Amendment note under
section 2214 of this title.
-End-
-CITE-
42 USC Sec. 2214 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION
-HEAD-
Sec. 2214. NRC user fees and annual charges
-STATUTE-
(a) Annual assessment
(1) In general
The Nuclear Regulatory Commission (in this section referred to
as the "Commission") shall annually assess and collect such fees
and charges as are described in subsections (b) and (c) of this
section.
(2) First assessment
The first assessment of fees under subsection (b) of this
section and annual charges under subsection (c) of this section
shall be made not later than September 30, 1991.
(b) Fees for service or thing of value
Pursuant to section 9701 of title 31, any person who receives a
service or thing of value from the Commission shall pay fees to
cover the Commission's costs in providing any such service or thing
of value.
(c) Annual charges
(1) Persons subject to charge
Except as provided in paragraph (4), any licensee or
certificate holder of the Commission may be required to pay, in
addition to the fees set forth in subsection (b) of this section,
an annual charge.
(2) Aggregate amount of charges
(A) In general
The aggregate amount of the annual charges collected from all
licensees and certificate holders in a fiscal year shall equal
an amount that approximates the percentages of the budget
authority of the Commission for the fiscal year stated in
subparagraph (B), less -
(i) amounts collected under subsection (b) of this section
during the fiscal year;
(ii) amounts appropriated to the Commission from the
Nuclear Waste Fund for the fiscal year;
(iii) amounts appropriated to the Commission for the fiscal
year for implementation of section 3116 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005; and
(iv) amounts appropriated to the Commission for homeland
security activities of the Commission for the fiscal year,
except for the costs of fingerprinting and background checks
required by section 2169 of this title and the costs of
conducting security inspections.
(B) Percentages
The percentages referred to in subparagraph (A) are -
(i) 98 percent for fiscal year 2001;
(ii) 96 percent for fiscal year 2002;
(iii) 94 percent for fiscal year 2003;
(iv) 92 percent for fiscal year 2004; and
(v) 90 percent for fiscal year 2005 and each fiscal year
thereafter.
(3) Amount per licensee
The Commission shall establish, by rule, a schedule of charges
fairly and equitably allocating the aggregate amount of charges
described in paragraph (2) among licensees. To the maximum extent
practicable, the charges shall have a reasonable relationship to
the cost of providing regulatory services and may be based on the
allocation of the Commission's resources among licensees or
classes of licensees.
(4) Exemption
(A) In general
Paragraph (1) shall not apply to the holder of any license
for a federally owned research reactor used primarily for
educational training and academic research purposes.
(B) Research reactor
For purposes of subparagraph (A), the term "research reactor"
means a nuclear reactor that -
(i) is licensed by the Nuclear Regulatory Commission under
section 2134(c) of this title for operation at a thermal
power level of 10 megawatts or less; and
(ii) if so licensed for operation at a thermal power level
of more than 1 megawatt, does not contain -
(I) a circulating loop through the core in which the
licensee conducts fuel experiments;
(II) a liquid fuel loading; or
(III) an experimental facility in the core in excess of
16 square inches in cross-section.
(d) "Nuclear Waste Fund" defined
As used in this section, the term "Nuclear Waste Fund" means the
fund established pursuant to section 10222(c) of this title.
-SOURCE-
(Pub. L. 101-508, title VI, Sec. 6101, Nov. 5, 1990, 104 Stat. 1388-
298; Pub. L. 102-486, title XXIX, Sec. 2903(a), Oct. 24, 1992, 106
Stat. 3125; Pub. L. 103-66, title VII, Sec. 7001, Aug. 10, 1993,
107 Stat. 401; Pub. L. 105-245, title V, Sec. 505, Oct. 7, 1998,
112 Stat. 1856; Pub. L. 106-60, title VI, Sec. 604, Sept. 29, 1999,
113 Stat. 501; Pub. L. 106-377, Sec. 1(a)(2) [title VIII], Oct. 27,
2000, 114 Stat. 1441, 1441A-86; Pub. L. 109-58, title VI, Sec.
637(a), Aug. 8, 2005, 119 Stat. 791; Pub. L. 109-103, title IV,
Nov. 19, 2005, 119 Stat. 2283.)
-REFTEXT-
REFERENCES IN TEXT
Section 3116 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005, referred to in subsec.
(c)(2)(A)(iii), is section 3116 of Pub. L. 108-375, which is set
out as a note under section 2601 of Title 50, War and National
Defense.
-COD-
CODIFICATION
Section is comprised of section 6101 of Pub. L. 101-508. Subsec.
(e) of section 6101 of Pub. L. 101-508 amended former section 2213
of this title.
Section was enacted as part of the Omnibus Budget Reconciliation
Act of 1990, and not as part of the Atomic Energy Act of 1954 which
comprises this chapter.
-MISC1-
AMENDMENTS
2005 - Subsec. (a)(1). Pub. L. 109-58, Sec. 637(a)(1)(A),
substituted "The" for "Except as provided in paragraph (3), the".
Subsec. (a)(3). Pub. L. 109-58, Sec. 637(a)(1)(B), struck out
heading and text of par. (3). Text read as follows: "The last
assessment of annual charges under subsection (c) of this section
shall be made not later than September 20, 2005."
Subsec. (c)(2)(A)(iii), (iv). Pub. L. 109-58, Sec. 637(a)(2)(A)-
(C), added cls. (iii) and (iv).
Subsec. (c)(2)(B)(v). Pub. L. 109-58, Sec. 637(a)(2)(D), amended
cl. (v) generally. Prior to amendment, cl. (v) read as follows: "90
percent for fiscal year 2005 and fiscal year 2006."
Pub. L. 109-103 inserted "and fiscal year 2006" before period at
end.
2000 - Subsec. (a)(3). Pub. L. 106-377, Sec. 1(a)(2) [title
VIII], which directed substitution of "September 20, 2005" for
"September 30, 1999", was executed by making the substitution for
"September 30, 2000" to reflect the probable intent of Congress and
the amendment by Pub. L. 106-60, Sec. 604. See 1999 Amendment note
below.
Subsec. (c)(1). Pub. L. 106-377, Sec. 1(a)(2) [title VIII],
inserted "or certificate holder" after "licensee".
Subsec. (c)(2). Pub. L. 106-377, Sec. 1(a)(2) [title VIII], added
par. (2) and struck out heading and text of former par. (2). Text
read as follows: "The aggregate amount of the annual charge
collected from all licensees shall equal an amount that
approximates 100 percent of the budget authority of the Commission
in the fiscal year in which such charge is collected, less any
amount appropriated to the Commission from the Nuclear Waste Fund
and the amount of fees collected under subsection (b) of this
section in such fiscal year."
1999 - Subsec. (a)(3). Pub. L. 106-60 substituted "September 30,
2000" for "September 30, 1999".
1998 - Subsec. (a)(3). Pub. L. 105-245 substituted "September 30,
1999" for "September 30, 1998".
1993 - Subsec. (a)(3). Pub. L. 103-66 substituted "September 30,
1998" for "September 30, 1995".
1992 - Subsec. (c)(1). Pub. L. 102-486, Sec. 2903(a)(1),
substituted "Except as provided in paragraph (4), any licensee" for
"Any licensee".
Subsec. (c)(4). Pub. L. 102-486, Sec. 2903(a)(2), added par. (4).
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109-58, title VI, Sec. 637(c), Aug. 8, 2005, 119 Stat.
791, provided that: "The amendments made by this section [amending
this section and repealing section 2213 of this title] take effect
on October 1, 2006."
EFFECTIVE DATE OF 1992 AMENDMENT
Section 2903(b) of Pub. L. 102-486 provided that: "The amendments
made [by] subsection (a) [amending this section] shall apply to
annual charges assessed under section 6101(c) of the Omnibus Budget
Reconciliation Act of 1990 [42 U.S.C. 2214(c)] for fiscal year 1992
or any succeeding fiscal year."
POLICY REVIEW
Section 2903(c) of Pub. L. 102-486 provided that: "The Nuclear
Regulatory Commission shall review its policy for assessment of
annual charges under section 6101(c) of the Omnibus Budget
Reconciliation Act of 1990 [42 U.S.C. 2214(c)], solicit public
comment on the need for changes to such policy, and recommend to
the Congress such changes in existing law as the Commission finds
are needed to prevent the placement of an unfair burden on certain
licensees of the Commission, in particular those that hold licenses
to operate federally owned research reactors used primarily for
educational training and academic research purposes."
-End-
-CITE-
42 USC SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY
ACQUIRED 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY ACQUIRED
-HEAD-
SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY ACQUIRED
-End-
-CITE-
42 USC Sec. 2221 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY ACQUIRED
-HEAD-
Sec. 2221. Just compensation for requisitioned property
-STATUTE-
The United States shall make just compensation for any property
or interests therein taken or requisitioned pursuant to sections
2063, 2075, 2096, and 2138 of this title. Except in case of real
property or any interest therein, the Commission shall determine
and pay such just compensation. If the compensation so determined
is unsatisfactory to the person entitled thereto, such person shall
be paid 75 per centum of the amount so determined, and shall be
entitled to sue the United States in the United States Court of
Federal Claims or in any district court of the United States for
the district in which such claimant is a resident in the manner
provided by section 1346 of title 28 to recover such further sum as
added to said 75 per centum will constitute just compensation.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 171, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 952; amended Pub. L. 88-489, Sec. 17,
Aug. 26, 1964, 78 Stat. 606; Pub. L. 97-164, title I, Sec.
160(a)(16), Apr. 2, 1982, 96 Stat. 48; renumbered title I, Pub. L.
102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;
Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.
4516.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1813(a) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
1992 - Pub. L. 102-572 substituted "United States Court of
Federal Claims" for "United States Claims Court".
1982 - Pub. L. 97-164 substituted "United States Claims Court"
for "Court of Claims".
1964 - Pub. L. 88-489 substituted "2075" for "2072 (with respect
to the material for which the United States is required to pay just
compensation),".
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of
Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
402 of Pub. L. 97-164, set out as a note under section 171 of Title
28, Judiciary and Judicial Procedure.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-MISC2-
RETROCESSION OF LAND TO NEW MEXICO
Section 3 of act Aug. 30, 1954, provided that:
"There is hereby retroceded to the State of New Mexico the
exclusive jurisdiction heretofore acquired from the State of New
Mexico by the United States of America over the following land of
the United States Atomic Energy Commission in Bernalillo County and
within the boundaries of the Sandia base, Albuquerque, New Mexico.
"Beginning at the center quarter corner of section 30, township
10 north, range 4 east, New Mexico principal meridian, Bernalillo
County, New Mexico, thence south no degrees twenty-three minutes
thirty seconds west one thousand nine hundred forty-seven and
twenty one-hundredths feet, thence north eighty-nine degrees thirty-
six minutes forty-five seconds east two thousand sixty-eight and
forty one-hundredths feet, thence north eighty-nine degrees three
minutes fifteen seconds east five hundred forty-six feet, thence
north no degrees thirty-nine minutes no seconds east two hundred
thirty-two and seventy one-hundredths feet, thence north eighty-
nine degrees twenty-one minutes no seconds west eight hundred
fifty-two and twenty one-hundredths feet, thence north no degrees
thirty-nine minutes no seconds east five hundred and sixty one-
hundredths feet, thence along the back of the south curb of West
Sandia Drive, Sandia Base, Bernalillo County, New Mexico, eight
hundred sixty-five and sixty one-hundredths feet, thence north no
degrees thirty-nine minutes no seconds east one thousand three
hundred thirty-five and three-tenths feet to a point south eighty-
nine degrees twenty-seven minutes forty-five seconds west a
distance of thirty feet from the quarter corner common to sections
30 and 29, township 10 north, range 4 east, thence south eighty-
nine degrees, twenty-seven minutes forty-five seconds west two
thousand six hundred twenty-three and forty one-hundredths feet to
the point of beginning.
"This retrocession of jurisdiction shall take effect upon
acceptance by the State of New Mexico."
-End-
-CITE-
42 USC Sec. 2222 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY ACQUIRED
-HEAD-
Sec. 2222. Condemnation of real property
-STATUTE-
Proceedings for condemnation shall be instituted pursuant to the
provisions of section 3113 of title 40, and section 1403 of title
28. Sections 3114 to 3116 and 3118 of title 40 shall be applicable
to any such proceedings.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 172, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 953; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-COD-
CODIFICATION
In text, "section 3113 of title 40" substituted for "the Act
approved August 1, 1888, as amended," and "Sections 3114 to 3116
and 3118 of title 40" substituted for "The Act approved February
26, 1931, as amended,", on authority of Pub. L. 107-217, Sec. 5(c),
Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted
Title 40, Public Buildings, Property, and Works.
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1813(b) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2223 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY ACQUIRED
-HEAD-
Sec. 2223. Patent application disclosures
-STATUTE-
In the event that the Commission communicates to any nation any
Restricted Data based on any patent application not belonging to
the United States, just compensation shall be paid by the United
States to the owner of the patent application. The Commission shall
determine such compensation. If the compensation so determined is
unsatisfactory to the person entitled thereto, such person shall be
paid 75 per centum of the amount so determined, and shall be
entitled to sue the United States in the United States Court of
Federal Claims or in any district court of the United States for
the district in which such claimant is a resident in a manner
provided by section 1346 of title 28 to recover such further sum as
added to such 75 per centum will constitute just compensation.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 173, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 953; amended Pub. L. 97-164, title I,
Sec. 160(a)(16), Apr. 2, 1982, 96 Stat. 48; renumbered title I,
Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
2944; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106
Stat. 4516.)
-MISC1-
AMENDMENTS
1992 - Pub. L. 102-572 substituted "United States Court of
Federal Claims" for "United States Claims Court".
1982 - Pub. L. 97-164 substituted "United States Claims Court"
for "Court of Claims".
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of
Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
402 of Pub. L. 97-164, set out as a note under section 171 of Title
28, Judiciary and Judicial Procedure.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2224 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY ACQUIRED
-HEAD-
Sec. 2224. Attorney General approval of title
-STATUTE-
All real property acquired under this chapter shall be subject to
the provisions of sections 3111 and 3112 of title 40: Provided,
however, That real property acquired by purchase or donation, or
other means of transfer may also be occupied, used, and improved
for the purposes of this chapter prior to approval of title by the
Attorney General in those cases where the President determines that
such action is required in the interest of the common defense and
security.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 174, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 953; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-COD-
CODIFICATION
In text, "sections 3111 and 3112 of title 40" substituted for
"section 355 of the Revised Statutes, as amended" on authority of
Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the
first section of which enacted Title 40, Public Buildings,
Property, and Works.
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1813(b) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE
PROCEDURE 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
-HEAD-
SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
-End-
-CITE-
42 USC Sec. 2231 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
-HEAD-
Sec. 2231. Applicability of administrative procedure provisions;
definitions
-STATUTE-
The provisions of subchapter II of chapter 5, and chapter 7, of
title 5 shall apply to all agency action taken under this chapter,
and the terms "agency" and "agency action" shall have the meaning
specified in section 551 of title 5: Provided, however, That in the
case of agency proceedings or actions which involve Restricted
Data, defense information, safeguards information protected from
disclosure under the authority of section 2167 of this title or
information protected from dissemination under the authority of
section 2168 of this title, the Commission shall provide by
regulation for such parallel procedures as will effectively
safeguard and prevent disclosure of Restricted Data, defense
information, such safeguards information, or information protected
from dissemination under the authority of section 2168 of this
title to unauthorized persons with minimum impairment of the
procedural rights which would be available if Restricted Data,
defense information, such safeguards information, or information
protected from dissemination under the authority of section 2168 of
this title were not involved.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 181, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 953; amended Pub. L. 96-295, title II,
Sec. 207(b), June 30, 1980, 94 Stat. 789; Pub. L. 97-90, title II,
Sec. 210(b), Dec. 4, 1981, 95 Stat. 1170; renumbered title I, Pub.
L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
2944.)
-COD-
CODIFICATION
"Subchapter II of chapter 5, and chapter 7, of title 5"
substituted in text for the first reference to the Administrative
Procedure Act on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6,
1966, 80 Stat. 631, the first section of which enacted Title 5,
Government Organization and Employees. "Section 551 of title 5"
substituted for the second reference to the Administrative
Procedure Act to reflect the codification of the definitions of
"agency" and "agency action" in that section. Prior to the
enactment of Title 5, the Administrative Procedure Act was
classified to sections 1001 to 1011 of Title 5.
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1814(a), (c) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
1981 - Pub. L. 97-90, in proviso, substituted "involve Restricted
Data, defense information, safeguards information protected from
disclosure under the authority of section 2167 of this title or
information protected from dissemination under the authority of
section 2168 of this title, the Commission shall provide by
regulation for such parallel procedures as will effectively
safeguard and prevent disclosure of Restricted Data, defense
information, such safeguards information, or information protected
from dissemination under the authority of section 2168 of this
title to unauthorized persons with minimum impairment of the
procedural rights which would be available if Restricted Data,
defense information, such safeguards information, or information
protected from dissemination under the authority of section 2168 of
this title were not involved" for "involve Restricted Data, defense
information, or safeguards information protected from disclosure
under the authority of section 2167 of this title, the Commission
shall provide by regulation for such parallel procedures as will
effectively safeguard and prevent disclosure of Restricted Data,
defense information, or such safeguards information, to
unauthorized persons with minimum impairment of the procedural
rights which would be available if Restricted Data, defense
information, or such safeguards information, were not involved".
1980 - Pub. L. 96-295 inserted references and made provisions
applicable to safeguards information.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2232 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
-HEAD-
Sec. 2232. License applications
-STATUTE-
(a) Contents and form
Each application for a license hereunder shall be in writing and
shall specifically state such information as the Commission, by
rule or regulation, may determine to be necessary to decide such of
the technical and financial qualifications of the applicant, the
character of the applicant, the citizenship of the applicant, or
any other qualifications of the applicant as the Commission may
deem appropriate for the license. In connection with applications
for licenses to operate production or utilization facilities, the
applicant shall state such technical specifications, including
information of the amount, kind, and source of special nuclear
material required, the place of the use, the specific
characteristics of the facility, and such other information as the
Commission may, by rule or regulation, deem necessary in order to
enable it to find that the utilization or production of special
nuclear material will be in accord with the common defense and
security and will provide adequate protection to the health and
safety of the public. Such technical specifications shall be a part
of any license issued. The Commission may at any time after the
filing of the original application, and before the expiration of
the license, require further written statements in order to enable
the Commission to determine whether the application should be
granted or denied or whether a license should be modified or
revoked. All applications and statements shall be signed by the
applicant or licensee. Applications for, and statements made in
connection with, licenses under sections 2133 and 2134 of this
title shall be made under oath or affirmation. The Commission may
require any other applications or statements to be made under oath
or affirmation.
(b) Review of applications by Advisory Committee on Reactor
Safeguards; report
The Advisory Committee on Reactor Safeguards shall review each
application under section 2133 or section 2134(b) of this title for
a construction permit or an operating license for a facility, any
application under section 2134(c) of this title for a construction
permit or an operating license for a testing facility, any
application under subsection (a) or (c) of section 2134 of this
title specifically referred to it by the Commission, and any
application for an amendment to a construction permit or an
amendment to an operating license under section 2133 or 2134(a),
(b), or (c) of this title specifically referred to it by the
Commission, and shall submit a report thereon which shall be made
part of the record of the application and available to the public
except to the extent that security classification prevents
disclosure.
(c) Commercial power; publication
The Commission shall not issue any license under section 2133 of
this title for a utilization or production facility for the
generation of commercial power until it has given notice in writing
to such regulatory agency as may have jurisdiction over the rates
and services incident to the proposed activity; until it has
published notice of the application in such trade or news
publications as the Commission deems appropriate to give reasonable
notice to municipalities, private utilities, public bodies, and
cooperatives which might have a potential interest in such
utilization or production facility; and until it has published
notice of such application once each week for four consecutive
weeks in the Federal Register, and until four weeks after the last
notice.
(d) Preferred consideration
The Commission, in issuing any license for a utilization or
production facility for the generation of commercial power under
section 2133 of this title, shall give preferred consideration to
applications for such facilities which will be located in high cost
power areas in the United States if there are conflicting
applications for a limited opportunity for such license. Where such
conflicting applications resulting from limited opportunity for
such license include those submitted by public or cooperative
bodies such applications shall be given preferred consideration.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 182, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 953; amended Aug. 6, 1956, ch. 1015,
Sec. 5, 70 Stat. 1069; Pub. L. 85-256, Sec. 6, Sept. 2, 1957, 71
Stat. 579; Pub. L. 87-615, Sec. 3, Aug. 29, 1962, 76 Stat. 409;
Pub. L. 91-560, Sec. 9, Dec. 19, 1970, 84 Stat. 1474; renumbered
title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
106 Stat. 2944.)
-MISC1-
AMENDMENTS
1970 - Subsec. (c). Pub. L. 91-560 substituted provisions
requiring notification by publication giving reasonable notice to
municipalities, private utilities, public bodies, and cooperatives
which might have a potential interest in such utilization or
production facility, for provisions requiring notice in writing to
municipalities, private utilities, public bodies and cooperatives
within transmission distance authorized to engage in the
distribution of electric energy.
1962 - Subsec. (b). Pub. L. 87-615 substituted provisions
requiring review of applications under section 2133 or 2134(b) of
this title for a construction permit or an operating license for a
facility, or under section 2134(c) of this title for a testing
facility, for provisions which required review of license
applications for such facilities, and inserted provisions requiring
review of any application for an amendment to a construction permit
or operating license under section 2133 or 2134(a), (b), or (c) of
this title specifically referred to it by the Commission.
1957 - Subsecs. (b) to (d). Pub. L. 85-256 added subsec. (b) and
redesignated former subsecs. (b) and (c) as (c) and (d),
respectively.
1956 - Subsec. (a). Act Aug. 6, 1956, struck out "under oath or
affirmation" from last sentence, and inserted two sentences at end
requiring applications and statements in connection with sections
2133 and 2134 to be made under oath or affirmation and authorizing
Commission to require any other applications or statements to be
made under oath or affirmation.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-MISC2-
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period following Jan.
5, 1973, unless, in the case of a committee established by the
President or an officer of the Federal Government, such committee
is renewed by appropriate action prior to the expiration of such 2-
year period, or in the case of a committee established by the
Congress, its duration is otherwise provided by law. See section 14
of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the
Appendix to Title 5, Government Organization and Employees.
-End-
-CITE-
42 USC Sec. 2233 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
-HEAD-
Sec. 2233. Terms of licenses
-STATUTE-
Each license shall be in such form and contain such terms and
conditions as the Commission may, by rule or regulation, prescribe
to effectuate the provisions of this chapter, including the
following provisions:
(a) Repealed. Pub. L. 88-489, Sec. 18, Aug. 26, 1964, 78 Stat.
607.
(b) No right to the special nuclear material shall be conferred
by the license except as defined by the license.
(c) Neither the license nor any right under the license shall be
assigned or otherwise transferred in violation of the provisions of
this chapter.
(d) Every license issued under this chapter shall be subject to
the right of recapture or control reserved by section 2138 of this
title, and to all of the other provisions of this chapter, now or
hereafter in effect and to all valid rules and regulations of the
Commission.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 183, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 954; amended Pub. L. 88-489, Sec. 18,
Aug. 26, 1964, 78 Stat. 607; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1964 - Par. (a). Pub. L. 88-489 struck out par. (a) which placed
title to all special nuclear material utilized or produced by
facilities pursuant to license in the United States at all times.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2234 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
-HEAD-
Sec. 2234. Inalienability of licenses
-STATUTE-
No license granted hereunder and no right to utilize or produce
special nuclear material granted hereby shall be transferred,
assigned or in any manner disposed of, either voluntarily or
involuntarily, directly or indirectly, through transfer of control
of any license to any person, unless the Commission shall, after
securing full information, find that the transfer is in accordance
with the provisions of this chapter, and shall give its consent in
writing. The Commission may give such consent to the creation of a
mortgage, pledge, or other lien upon any facility or special
nuclear material, owned or thereafter acquired by a licensee, or
upon any leasehold or other interest to such facility, and the
rights of the creditors so secured may thereafter be enforced by
any court subject to rules and regulations established by the
Commission to protect public health and safety and promote the
common defense and security.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 184, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 954; amended Pub. L. 88-489, Sec. 19,
Aug. 26, 1964, 78 Stat. 607; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1964 - Pub. L. 88-489 inserted "or special nuclear material,"
after "lien upon any facility" and substituted "interest in such
facility" for "interest in such property".
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2235 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
-HEAD-
Sec. 2235. Construction permits and operating licenses
-STATUTE-
(a) All applicants for licenses to construct or modify production
or utilization facilities shall, if the application is otherwise
acceptable to the Commission, be initially granted a construction
permit. The construction permit shall state the earliest and latest
dates for the completion of the construction or modification.
Unless the construction or modification of the facility is
completed by the completion date, the construction permit shall
expire, and all rights thereunder be forfeited, unless upon good
cause shown, the Commission extends the completion date. Upon the
completion of the construction or modification of the facility,
upon the filing of any additional information needed to bring the
original application up to date, and upon finding that the facility
authorized has been constructed and will operate in conformity with
the application as amended and in conformity with the provisions of
this chapter and of the rules and regulations of the Commission,
and in the absence of any good cause being shown to the Commission
why the granting of a license would not be in accordance with the
provisions of this chapter, the Commission shall thereupon issue a
license to the applicant. For all other purposes of this chapter, a
construction permit is deemed to be a "license".
(b) After holding a public hearing under section 2239(a)(1)(A) of
this title, the Commission shall issue to the applicant a combined
construction and operating license if the application contains
sufficient information to support the issuance of a combined
license and the Commission determines that there is reasonable
assurance that the facility will be constructed and will operate in
conformity with the license, the provisions of this chapter, and
the Commission's rules and regulations. The Commission shall
identify within the combined license the inspections, tests, and
analyses, including those applicable to emergency planning, that
the licensee shall perform, and the acceptance criteria that, if
met, are necessary and sufficient to provide reasonable assurance
that the facility has been constructed and will be operated in
conformity with the license, the provisions of this chapter, and
the Commission's rules and regulations. Following issuance of the
combined license, the Commission shall ensure that the prescribed
inspections, tests, and analyses are performed and, prior to
operation of the facility, shall find that the prescribed
acceptance criteria are met. Any finding made under this subsection
shall not require a hearing except as provided in section
2239(a)(1)(B) of this title.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 185, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 955; renumbered title I and amended Pub.
L. 102-486, title IX, Sec. 902(a)(8), title XXVIII, Sec. 2801, Oct.
24, 1992, 106 Stat. 2944, 3120.)
-MISC1-
AMENDMENTS
1992 - Pub. L. 102-486 inserted "and operating licenses" after
"permits" in section catchline, designated existing text as subsec.
(a), and added subsec. (b).
EFFECTIVE DATE OF 1992 AMENDMENT
Section 2806 of Pub. L. 102-486 provided that: "Sections 185 b.
and 189 a. (1)(B) of the Atomic Energy Act of 1954 [subsec. (b) of
this section and section 2239(a)(1)(B) of this title], as added by
sections 2801 and 2802 of this Act, shall apply to all proceedings
involving a combined license for which an application was filed
after May 8, 1991, under such sections."
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-EXEC-
EXECUTIVE ORDER NO. 12129
Ex. Ord. No. 12129, Apr. 5, 1979, 44 F.R. 21001, which
established a Critical Energy Facility Program, was revoked by Ex.
Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
-End-
-CITE-
42 USC Sec. 2236 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
-HEAD-
Sec. 2236. Revocation of licenses
-STATUTE-
(a) False applications; failure of performance
Any license may be revoked for any material false statement in
the application or any statement of fact required under section
2232 of this title, or because of conditions revealed by such
application or statement of fact or any report, record, or
inspection or other means which would warrant the Commission to
refuse to grant a license on an original application, or for
failure to construct or operate a facility in accordance with the
terms of the construction permit or license or the technical
specifications in the application, or for violation of, or failure
to observe any of the terms and provisions of this chapter or of
any regulation of the Commission.
(b) Procedure
The Commission shall follow the provisions of section 558(c) of
title 5 in revoking any license.
(c) Repossession of material
Upon revocation of the license, the Commission may immediately
retake possession of all special nuclear material held by the
licensee. In cases found by the Commission to be of extreme
importance to the national defense and security or to the health
and safety of the public, the Commission may recapture any special
nuclear material held by the licensee or may enter upon and operate
the facility prior to any of the procedures provided under
subchapter II of chapter 5 and chapter 7 of title 5. Just
compensation shall be paid for the use of the facility.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 186, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 955; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-COD-
CODIFICATION
In subsecs. (b) and (c), "section 558(c) of title 5" and
"subchapter II of chapter 5 and chapter 7 of title 5" substituted
for "section 9(b) of the Administrative Procedure Act [5 U.S.C.
1008(b)]" and "the Administration Procedure Act [5 U.S.C. 1001-
1011]", respectively, on authority of Pub. L. 89-554, Sec. 7(b),
Sept. 6, 1966, 80 Stat. 631, the first section of which enacted
Title 5, Government Organization and Employees.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2237 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
-HEAD-
Sec. 2237. Modification of license
-STATUTE-
The terms and conditions of all licenses shall be subject to
amendment, revision, or modification, by reason of amendments of
this chapter or by reason of rules and regulations issued in
accordance with the terms of this chapter.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 187, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 955; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2238 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
-HEAD-
Sec. 2238. Continued operation of facilities
-STATUTE-
Whenever the Commission finds that the public convenience and
necessity or the production program of the Commission requires
continued operation of a production facility or utilization
facility the license for which has been revoked pursuant to section
2236 of this title, the Commission may, after consultation with the
appropriate regulatory agency, State or Federal, having
jurisdiction, order that possession be taken of and such facility
be operated for such period of time as the public convenience and
necessity or the production program of the Commission may, in the
judgment of the Commission, require, or until a license for the
operation of the facility shall become effective. Just compensation
shall be paid for the use of the facility.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 188, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 955; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2239 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
-HEAD-
Sec. 2239. Hearings and judicial review
-STATUTE-
(a)(1)(A) In any proceeding under this chapter, for the granting,
suspending, revoking, or amending of any license or construction
permit, or application to transfer control, and in any proceeding
for the issuance or modification of rules and regulations dealing
with the activities of licensees, and in any proceeding for the
payment of compensation, an award or royalties under sections (!1)
2183, 2187, 2236(c) or 2238 of this title, the Commission shall
grant a hearing upon the request of any person whose interest may
be affected by the proceeding, and shall admit any such person as a
party to such proceeding. The Commission shall hold a hearing after
thirty days' notice and publication once in the Federal Register,
on each application under section 2133 or 2134(b) of this title for
a construction permit for a facility, and on any application under
section 2134(c) of this title for a construction permit for a
testing facility. In cases where such a construction permit has
been issued following the holding of such a hearing, the Commission
may, in the absence of a request therefor by any person whose
interest may be affected, issue an operating license or an
amendment to a construction permit or an amendment to an operating
license without a hearing, but upon thirty days' notice and
publication once in the Federal Register of its intent to do so.
The Commission may dispense with such thirty days' notice and
publication with respect to any application for an amendment to a
construction permit or an amendment to an operating license upon a
determination by the Commission that the amendment involves no
significant hazards consideration.
(B)(i) Not less than 180 days before the date scheduled for
initial loading of fuel into a plant by a licensee that has been
issued a combined construction permit and operating license under
section 2235(b) of this title, the Commission shall publish in the
Federal Register notice of intended operation. That notice shall
provide that any person whose interest may be affected by operation
of the plant, may within 60 days request the Commission to hold a
hearing on whether the facility as constructed complies, or on
completion will comply, with the acceptance criteria of the
license.
(ii) A request for hearing under clause (i) shall show, prima
facie, that one or more of the acceptance criteria in the combined
license have not been, or will not be met, and the specific
operational consequences of nonconformance that would be contrary
to providing reasonable assurance of adequate protection of the
public health and safety.
(iii) After receiving a request for a hearing under clause (i),
the Commission expeditiously shall either deny or grant the
request. If the request is granted, the Commission shall determine,
after considering petitioners' prima facie showing and any answers
thereto, whether during a period of interim operation, there will
be reasonable assurance of adequate protection of the public health
and safety. If the Commission determines that there is such
reasonable assurance, it shall allow operation during an interim
period under the combined license.
(iv) The Commission, in its discretion, shall determine
appropriate hearing procedures, whether informal or formal
adjudicatory, for any hearing under clause (i), and shall state its
reasons therefor.
(v) The Commission shall, to the maximum possible extent, render
a decision on issues raised by the hearing request within 180 days
of the publication of the notice provided by clause (i) or the
anticipated date for initial loading of fuel into the reactor,
whichever is later. Commencement of operation under a combined
license is not subject to subparagraph (A).
(2)(A) The Commission may issue and make immediately effective
any amendment to an operating license or any amendment to a
combined construction and operating license, upon a determination
by the Commission that such amendment involves no significant
hazards consideration, notwithstanding the pendency before the
Commission of a request for a hearing from any person. Such
amendment may be issued and made immediately effective in advance
of the holding and completion of any required hearing. In
determining under this section whether such amendment involves no
significant hazards consideration, the Commission shall consult
with the State in which the facility involved is located. In all
other respects such amendment shall meet the requirements of this
chapter.
(B) The Commission shall periodically (but not less frequently
than once every thirty days) publish notice of any amendments
issued, or proposed to be issued, as provided in subparagraph (A).
Each such notice shall include all amendments issued, or proposed
to be issued, since the date of publication of the last such
periodic notice. Such notice shall, with respect to each amendment
or proposed amendment (i) identify the facility involved; and (ii)
provide a brief description of such amendment. Nothing in this
subsection shall be construed to delay the effective date of any
amendment.
(C) The Commission shall, during the ninety-day period following
the effective date of this paragraph, promulgate regulations
establishing (i) standards for determining whether any amendment to
an operating license or any amendment to a combined construction
and operating license involves no significant hazards
consideration; (ii) criteria for providing or, in emergency
situations, dispensing with prior notice and reasonable opportunity
for public comment on any such determination, which criteria shall
take into account the exigency of the need for the amendment
involved; and (iii) procedures for consultation on any such
determination with the State in which the facility involved is
located.
(b) The following Commission actions shall be subject to judicial
review in the manner prescribed in chapter 158 of title 28 and
chapter 7 of title 5:
(1) Any final order entered in any proceeding of the kind
specified in subsection (a) of this section.
(2) Any final order allowing or prohibiting a facility to begin
operating under a combined construction and operating license.
(3) Any final order establishing by regulation standards to
govern the Department of Energy's gaseous diffusion uranium
enrichment plants, including any such facilities leased to a
corporation established under the USEC Privatization Act [42
U.S.C. 2297h et seq.].
(4) Any final determination under section 2297f(c) of this
title relating to whether the gaseous diffusion plants, including
any such facilities leased to a corporation established under the
USEC Privatization Act [42 U.S.C. 2297h et seq.], are in
compliance with the Commission's standards governing the gaseous
diffusion plants and all applicable laws.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 189, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 955; amended Pub. L. 85-256, Sec. 7,
Sept. 2, 1957, 71 Stat. 579; Pub. L. 87-615, Sec. 2, Aug. 29, 1962,
76 Stat. 409; Pub. L. 97-415, Sec. 12(a), Jan. 4, 1983, 96 Stat.
2073; renumbered title I and amended Pub. L. 102-486, title IX,
Sec. 902(a)(8), title XXVIII, Secs. 2802, 2804, 2805, Oct. 24,
1992, 106 Stat. 2944, 3120, 3121; Pub. L. 104-134, title III, Sec.
3116(c), Apr. 26, 1996, 110 Stat. 1321-349.)
-REFTEXT-
REFERENCES IN TEXT
The effective date of this paragraph, referred to in subsec.
(a)(2)(C), probably means the date of enactment of Pub. L. 97-415,
which was approved Jan. 4, 1983.
The USEC Privatization Act, referred to in subsec. (b)(3), (4),
is subchapter A (Secs. 3101-3117) of chapter 1 of title III of Pub.
L. 104-134, Apr. 26, 1996, 110 Stat. 1321-335, which is classified
principally to subchapter VIII (Sec. 2297h et seq.) of this
chapter. For complete classification of this Act to the Code, see
Short Title of 1996 Amendment note set out under section 2011 of
this title and Tables.
-MISC1-
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-134 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: "Any
final order entered in any proceeding of the kind specified in
subsection (a) of this section or any final order allowing or
prohibiting a facility to begin operating under a combined
construction and operating license shall be subject to judicial
review in the manner prescribed in the Act of December 29, 1950, as
amended (ch. 1189, 64 Stat. 1129), and to the provisions of section
10 of the Administrative Procedure Act, as amended."
1992 - Subsec. (a)(1). Pub. L. 102-486, Sec. 2802, designated
existing provisions as subpar. (A) and added subpar. (B).
Subsec. (a)(2)(A), (C). Pub. L. 102-486, Sec. 2804, inserted "or
any amendment to a combined construction and operating license"
after "any amendment to an operating license".
Subsec. (b). Pub. L. 102-486, Sec. 2805, inserted "or any final
order allowing or prohibiting a facility to begin operating under a
combined construction and operating license" before "shall be
subject to judicial review".
1983 - Subsec. (a). Pub. L. 97-415 designated existing provisions
as par. (1) and added par. (2).
1962 - Subsec. (a). Pub. L. 87-615 substituted "construction
permit for a facility" and "construction permit for a testing
facility" for "license for a facility" and "license for a testing
facility" respectively, and authorized the commission in cases
where a permit has been issued following a hearing, and in the
absence of a request therefor by anyone whose interest may be
affected, to issue an operating license or an amendment to a
construction permit or an operating license without a hearing upon
thirty days' notice and publication once in the Federal Register of
its intent to do so, and to dispense with such notice and
publication with respect to any application for an amendment to a
construction permit or to an operating license upon its
determination that the amendment involves no significant hazards
consideration.
1957 - Subsec. (a). Pub. L. 85-256 required the Commission to
hold a hearing after 30 days notice and publication once in the
Federal Register on an application for a license for a facility or
a testing facility.
EFFECTIVE DATE OF 1992 AMENDMENT
Subsec. (a)(1)(B) of this section, as added by section 2802 of
Pub. L. 102-486, applicable to all proceedings involving combined
license for which application was filed after May 8, 1991, see
section 2806 of Pub. L. 102-486, set out as a note under section
2235 of this title.
AUTHORITY TO EFFECTUATE AMENDMENTS TO OPERATING LICENSES
Section 12(b) of Pub. L. 97-415 provided that: "The authority of
the Nuclear Regulatory Commission, under the provisions of the
amendment made by subsection (a) [amending this section], to issue
and to make immediately effective any amendment to an operating
license shall take effect upon the promulgation by the Commission
of the regulations required in such provisions."
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-MISC2-
REVIEW OF NUCLEAR PROLIFERATION ASSESSMENT STATEMENTS
No court or regulatory body to have jurisdiction to compel
performance of or to review adequacy of performance of any Nuclear
Proliferation Assessment Statement called for by the Atomic Energy
Act of 1954 [this chapter] or by the Nuclear Non-Proliferation Act
of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, see section
2160a of this title.
ADMINISTRATIVE ORDERS REVIEW ACT
Court of appeals exclusive jurisdiction respecting final orders
of Atomic Energy Commission, now the Nuclear Regulatory Commission
and the Secretary of Energy, made reviewable by this section, see
section 2342 of Title 28, Judiciary and Judicial Procedure.
-FOOTNOTE-
(!1) So in original. Probably should be "section".
-End-
-CITE-
42 USC Sec. 2240 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
-HEAD-
Sec. 2240. Licensee incident reports as evidence
-STATUTE-
No report by any licensee of any incident arising out of or in
connection with a licensed activity made pursuant to any
requirement of the Commission shall be admitted as evidence in any
suit or action for damages growing out of any matter mentioned in
such report.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 190, as added Pub. L. 87-206,
Sec. 16, Sept. 6, 1961, 75 Stat. 479; renumbered title I, Pub. L.
102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2241 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
-HEAD-
Sec. 2241. Atomic safety and licensing boards; establishment;
membership; functions; compensation
-STATUTE-
(a) Notwithstanding the provisions of sections 556(b) and 557(b)
of title 5, the Commission is authorized to establish one or more
atomic safety and licensing boards, each comprised of three
members, one of whom shall be qualified in the conduct of
administrative proceedings and two of whom shall have such
technical or other qualifications as the Commission deems
appropriate to the issues to be decided, to conduct such hearings
as the Commission may direct and make such intermediate or final
decisions as the Commission may authorize with respect to the
granting, suspending, revoking or amending of any license or
authorization under the provisions of this chapter, any other
provision of law, or any regulation of the Commission issued
thereunder. The Commission may delegate to a board such other
regulatory functions as the Commission deems appropriate. The
Commission may appoint a panel of qualified persons from which
board members may be selected.
(b) Board members may be appointed by the Commission from private
life, or designated from the staff of the Commission or other
Federal agency. Board members appointed from private life shall
receive a per diem compensation for each day spent in meetings or
conferences, and all members shall receive their necessary
traveling or other expenses while engaged in the work of a board.
The provisions of section 2203 of this title shall be applicable to
board members appointed from private life.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 191, as added Pub. L. 87-615,
Sec. 1, Aug. 29, 1962, 76 Stat. 409; amended Pub. L. 91-560, Sec.
10, Dec. 19, 1970, 84 Stat. 1474; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-COD-
CODIFICATION
In subsec. (a), "sections 556(b) and 557(b) of title 5"
substituted for "sections 7(a) and 8(a) of the Administrative
Procedure Act [5 U.S.C. 1006(a), 1007(a)]" on authority of Pub. L.
89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section
of which enacted Title 5, Government Organization and Employees.
-MISC1-
AMENDMENTS
1970 - Subsec. (a). Pub. L. 91-560 required that two members of
the board should have such technical or other qualifications the
Commission deems appropriate to the issues to be decided.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2242 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
-HEAD-
Sec. 2242. Temporary operating license
-STATUTE-
(a) Fuel loading, testing, and operation at specific power level;
petition, affidavit, etc.
In any proceeding upon an application for an operating license
for a utilization facility required to be licensed under section
2133 or 2134(b) of this title, in which a hearing is otherwise
required pursuant to section 2239(a) of this title, the applicant
may petition the Commission for a temporary operating license for
such facility authorizing fuel loading, testing, and operation at a
specific power level to be determined by the Commission, pending
final action by the Commission on the application. The initial
petition for a temporary operating license for each such facility,
and any temporary operating license issued for such facility based
upon the initial petition, shall be limited to power levels not to
exceed 5 percent of rated full thermal power. Following issuance by
the Commission of the temporary operating license for each such
facility, the licensee may file petitions with the Commission to
amend the license to allow facility operation in staged increases
at specific power levels, to be determined by the Commission,
exceeding 5 percent of rated full thermal power. The initial
petition for a temporary operating license for each such facility
may be filed at any time after the filing of: (1) the report of the
Advisory Committee on Reactor Safeguards required by section
2232(b) of this title; (2) the filing of the initial Safety
Evaluation Report by the Nuclear Regulatory Commission staff and
the Nuclear Regulatory Commission staff's first supplement to the
report prepared in response to the report of the Advisory Committee
on Reactor Safeguards for the facility; (3) the Nuclear Regulatory
Commission staff's final detailed statement on the environmental
impact of the facility prepared pursuant to section 4332(2)(C) of
this title; and (4) a State, local, or utility emergency
preparedness plan for the facility. Petitions for the issuance of a
temporary operating license, or for an amendment to such a license
allowing operation at a specific power level greater than that
authorized in the initial temporary operating license, shall be
accompanied by an affidavit or affidavits setting forth the
specific facts upon which the petitioner relies to justify issuance
of the temporary operating license or the amendment thereto. The
Commission shall publish notice of each such petition in the
Federal Register and in such trade or news publications as the
Commission deems appropriate to give reasonable notice to persons
who might have a potential interest in the grant of such temporary
operating license or amendment thereto. Any person may file
affidavits or statements in support of, or in opposition to, the
petition within thirty days after the publication of such notice in
the Federal Register.
(b) Operation at greater power level; criteria, effect, terms and
conditions, etc.; procedures applicable
With respect to any petition filed pursuant to subsection (a) of
this section, the Commission may issue a temporary operating
license, or amend the license to authorize temporary operation at
each specific power level greater than that authorized in the
initial temporary operating license, as determined by the
Commission, upon finding that -
(1) in all respects other than the conduct or completion of any
required hearing, the requirements of law are met;
(2) in accordance with such requirements, there is reasonable
assurance that operation of the facility during the period of the
temporary operating license in accordance with its terms and
conditions will provide adequate protection to the public health
and safety and the environment during the period of temporary
operation; and
(3) denial of such temporary operating license will result in
delay between the date on which construction of the facility is
sufficiently completed, in the judgment of the Commission, to
permit issuance of the temporary operating license, and the date
when such facility would otherwise receive a final operating
license pursuant to this chapter.
The temporary operating license shall become effective upon
issuance and shall contain such terms and conditions as the
Commission may deem necessary, including the duration of the
license and any provision for the extension thereof. Any final
order authorizing the issuance or amendment of any temporary
operating license pursuant to this section shall recite with
specificity the facts and reasons justifying the findings under
this subsection, and shall be transmitted upon such issuance to the
Committees on Natural Resources and on Energy and Commerce of the
House of Representatives and the Committee on Environment and
Public Works of the Senate. The final order of the Commission with
respect to the issuance or amendment of a temporary operating
license shall be subject to judicial review pursuant to chapter 158
of title 28. The requirements of section 2239(a) of this title with
respect to the issuance or amendment of facility licenses shall not
apply to the issuance or amendment of a temporary operating license
under this section.
(c) Hearing for final operating license; suspension, issuance,
compliance, etc., with temporary operating license
Any hearing on the application for the final operating license
for a facility required pursuant to section 2239(a) of this title
shall be concluded as promptly as practicable. The Commission shall
suspend the temporary operating license if it finds that the
applicant is not prosecuting the application for the final
operating license with due diligence. Issuance of a temporary
operating license under subsection (b) of this section shall be
without prejudice to the right of any party to raise any issue in a
hearing required pursuant to section 2239(a) of this title; and
failure to assert any ground for denial or limitation of a
temporary operating license shall not bar the assertion of such
ground in connection with the issuance of a subsequent final
operating license. Any party to a hearing required pursuant to
section 2239(a) of this title on the final operating license for a
facility for which a temporary operating license has been issued
under subsection (b) of this section, and any member of the Atomic
Safety and Licensing Board conducting such hearing, shall promptly
notify the Commission of any information indicating that the terms
and conditions of the temporary operating license are not being
met, or that such terms and conditions are not sufficient to comply
with the provisions of paragraph (2) of subsection (b) of this
section.
(d) Administrative remedies for minimization of need for license
The Commission is authorized and directed to adopt such
administrative remedies as the Commission deems appropriate to
minimize the need for issuance of temporary operating licenses
pursuant to this section.
(e) Expiration of issuing authority
The authority to issue new temporary operating licenses under
this section shall expire on December 31, 1983.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 192, as added Pub. L. 92-307,
June 2, 1972, 86 Stat. 191; amended Pub. L. 97-415, Sec. 11, Jan.
4, 1983, 96 Stat. 2071; renumbered title I, Pub. L. 102-486, title
IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 103-437,
Sec. 15(f)(8), Nov. 2, 1994, 108 Stat. 4593.)
-MISC1-
AMENDMENTS
1994 - Subsec. (b). Pub. L. 103-437 substituted "Natural
Resources and on" for "Interior and Insular Affairs and".
1983 - Subsec. (a). Pub. L. 97-415 substituted provisions setting
forth procedures for petitioning for a temporary operating license
in any proceeding upon an application for an operating license for
a utilization facility required to be licensed under section 2133
or 2134(b) of this title in which a hearing is otherwise required
pursuant to section 2239(a) of this title, for provisions setting
forth procedures for petitioning for a temporary operating license
in any proceeding upon an application for an operating license for
a nuclear power reactor in which a hearing is otherwise required
pursuant to section 2239(a) of this title.
Subsec. (b). Pub. L. 97-415 substituted provisions relating to
requisite findings, effectiveness, terms and conditions, etc., with
respect to petition for a temporary operating license for a
utilization facility or amendment of the license to authorize
temporary operation at greater power levels than authorized in the
initial temporary operating license, for provisions relating to
requisite findings, terms and conditions, etc., with respect to
petition for a temporary operating license for a nuclear power
reactor.
Subsec. (c). Pub. L. 97-415 inserted provisions relating to
notification requirements on any party to the hearing and any Board
member, and substituted provisions relating to suspension of the
temporary operating license, for provisions relating to vacation of
the temporary operating license.
Subsec. (d). Pub. L. 97-415 substituted provisions relating to
administrative remedies for minimization of need for temporary
operating licenses for provisions setting forth expiration of
authority under this section on Oct. 30, 1973.
Subsec. (e). Pub. L. 97-415 added subsec. (e).
-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives and Committee on Energy and Commerce of House of
Representatives treated as referring to Committee on Commerce of
House of Representatives by section 1(a) of Pub. L. 104-14, set out
as a note preceding section 21 of Title 2, The Congress. Committee
on Commerce of House of Representatives changed to Committee on
Energy and Commerce of House of Representatives, and jurisdiction
over matters relating to securities and exchanges and insurance
generally transferred to Committee on Financial Services of House
of Representatives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2243 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE
-HEAD-
Sec. 2243. Licensing of uranium enrichment facilities
-STATUTE-
(a) Environmental impact statement
(1) Major Federal action
The issuance of a license under sections 2073 and 2093 of this
title for the construction and operation of any uranium
enrichment facility shall be considered a major Federal action
significantly affecting the quality of the human environment for
purposes of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(2) Timing
An environmental impact statement prepared under paragraph (1)
shall be prepared before the hearing on the issuance of a license
for the construction and operation of a uranium enrichment
facility is completed.
(b) Adjudicatory hearing
(1) In general
The Commission shall conduct a single adjudicatory hearing on
the record with regard to the licensing of the construction and
operation of a uranium enrichment facility under sections 2073
and 2093 of this title.
(2) Timing
Such hearing shall be completed and a decision issued before
the issuance of a license for such construction and operation.
(3) Single proceeding
No further Commission licensing action shall be required to
authorize operation.
(c) Inspection and operation
Prior to commencement of operation of a uranium enrichment
facility licensed hereunder, the Commission shall verify through
inspection that the facility has been constructed in accordance
with the requirements of the license for construction and
operation. The Commission shall publish notice of the inspection
results in the Federal Register.
(d) Insurance and decommissioning
(1) The Commission shall require, as a condition of the issuance
of a license under sections 2073 and 2093 of this title for a
uranium enrichment facility, that the licensee have and maintain
liability insurance of such type and in such amounts as the
Commission judges appropriate to cover liability claims arising out
of any occurrence within the United States, causing, within or
outside the United States, bodily injury, sickness, disease, or
death, or loss of or damage to property, or loss of use of
property, arising out of or resulting from the radioactive, toxic,
explosive, or other hazardous properties of chemical compounds
containing source or special nuclear material.
(2) The Commission shall require, as a condition for the issuance
of a license under sections 2073 and 2093 of this title for a
uranium enrichment facility, that the licensee provide adequate
assurance of the availability of funds for the decommissioning
(including decontamination) of such facility using funding
mechanisms that may include, but are not necessarily limited to,
the following:
(A) Prepayment (in the form of a trust, escrow account,
government fund, certificate of deposit, or deposit of government
securities).
(B) Surety (in the form of a surety or performance bond, letter
of credit, or line of credit), insurance, or other guarantee
(including parent company guarantee) method.
(C) External sinking fund in which deposits are made at least
annually.
(e) No Price-Anderson coverage
Section 2210 of this title shall not apply to any license under
section 2073 or 2093 of this title for a uranium enrichment
facility constructed after November 15, 1990.
(f) Limitation
No license or certificate of compliance may be issued to the
United States Enrichment Corporation or its successor under this
section or sections (!1) 2073, 2093, or 2297f of this title, if the
Commission determines that -
(1) the Corporation is owned, controlled, or dominated by an
alien, a foreign corporation, or a foreign government; or
(2) the issuance of such a license or certificate of compliance
would be inimical to -
(A) the common defense and security of the United States; or
(B) the maintenance of a reliable and economical domestic
source of enrichment services.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 193, as added Pub. L. 101-
575, Sec. 5(e), Nov. 15, 1990, 104 Stat. 2835; renumbered title I,
Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
2944; amended Pub. L. 104-134, title III, Sec. 3116(b)(2), Apr. 26,
1996, 110 Stat. 1321-349.)
-REFTEXT-
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in
subsec. (a)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 4321 of this title
and Tables.
-MISC1-
AMENDMENTS
1996 - Subsec. (f). Pub. L. 104-134 added subsec. (f).
REFERENCES TO UNITED STATES ENRICHMENT CORPORATION
References to the United States Enrichment Corporation deemed, as
of the privatization date (July 28, 1998), to be references to the
private corporation, see section 3116(e) of Pub. L. 104-134, set
out as a note under former section 2297 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "section".
-End-
-CITE-
42 USC SUBCHAPTER XVI - JOINT COMMITTEE ON ATOMIC ENERGY 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVI - JOINT COMMITTEE ON ATOMIC ENERGY
-HEAD-
SUBCHAPTER XVI - JOINT COMMITTEE ON ATOMIC ENERGY
-End-
-CITE-
42 USC Secs. 2251 to 2257 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVI - JOINT COMMITTEE ON ATOMIC ENERGY
-HEAD-
Secs. 2251 to 2257. Repealed. Aug. 1, 1946, ch. 724, title I, Sec.
302(a), as added Aug. 30, 1954, ch. 1073, Sec. 1, as added Sept.
20, 1977, Pub. L. 95-110, Sec. 1, 91 Stat. 884; renumbered title
I, Oct. 24, 1992, Pub. L. 102-486, title IX, Sec. 902(a)(8), 106
Stat. 2944
-MISC1-
Section 2251, act Aug. 1, 1946, ch. 724, Sec. 201, as added Aug.
30, 1954, ch. 1073, Sec. 1, 68 Stat. 956, provided for
establishment of Joint Committee on Atomic Energy.
Provisions similar to section 2251 were contained in section
1815(a) of this title prior to the general amendment and
renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68
Stat. 921.
Section 2252, act Aug. 1, 1946, ch. 724, Sec. 202, as added Aug.
30, 1954, ch. 1073, Sec. 1, 68 Stat. 956; amended Sept. 6, 1961,
Pub. L. 87-206, Sec. 17, 75 Stat. 479; Mar. 26, 1964, Pub. L. 88-
294, 78 Stat. 172; Dec. 6, 1974, Pub. L. 93-514, 88 Stat. 1611,
set out authority and duties of Joint Committee.
Provisions similar to section 2252 were contained in section
1815(b) of this title prior to the general amendment and
renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68
Stat. 921.
Section 2253, act Aug. 1, 1946, ch. 724, Sec. 203, as added Aug.
30, 1954, ch. 1073, Sec. 1, 68 Stat. 956, provided for a Chairman
and a Vice Chairman of Committee.
Provisions similar to section 2253 were contained in section
1815(c) of this title prior to the general amendment and
renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68
Stat. 921.
Section 2254, act Aug. 1, 1946, ch. 724, Sec. 204, as added Aug.
30, 1954, ch. 1073, Sec. 1, 68 Stat. 957; amended Dec. 27, 1974,
Pub. L. 93-554, title I, Sec. 101(2), 88 Stat. 1776, related to the
powers of Committee.
Provisions similar to section 2254 were contained in section
1815(d) of this title prior to the general amendment and
renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68
Stat. 921.
Section 2255, act Aug. 1, 1946, ch. 724, Sec. 205, as added Aug.
30, 1954, ch. 1073, Sec. 1, 68 Stat. 957, related to staff and
assistance for Committee.
Provisions similar to section 2255 were contained in section
1815(e) of this title prior to the general amendment and
renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68
Stat. 921.
Section 2256, act Aug. 1, 1946, ch. 724, Sec. 206, as added Aug.
30, 1954, ch. 1073, Sec. 1, 68 Stat. 957, related to classification
of information originating in Committee.
Section 2257, act Aug. 1, 1946, ch. 724, Sec. 207, as added Aug.
30, 1954, ch. 1073, Sec. 1, 68 Stat. 957, required that Committee
keep records of all Committee actions.
EFFECTIVE DATE OF REPEAL
Section 302(a) of act Aug. 1, 1946, ch. 724, title I, as added
Aug. 30, 1954, ch. 1073, Sec. 1, as added Sept. 20, 1977, Pub. L.
95-110, Sec. 1, 91 Stat. 884; renumbered title I, Oct. 24, 1992,
Pub. L. 102-486, title IX, Sec. 902(a)(8), 106 Stat. 2944, provided
that the repeal of sections 2251 to 2257 is effective Sept. 20,
1977.
-End-
-CITE-
42 USC Sec. 2258 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVI - JOINT COMMITTEE ON ATOMIC ENERGY
-HEAD-
Sec. 2258. Joint Committee on Atomic Energy abolished
-STATUTE-
(a) Abolition
The Joint Committee on Atomic Energy is abolished.
(b) References in rules, etc., on and after September 20, 1977
Any reference in any rule, resolution, or order of the Senate or
the House of Representatives or in any law, regulation, or
Executive order to the Joint Committee on Atomic Energy shall, on
and after September 20, 1977, be considered as referring to the
committees of the Senate and the House of Representatives which,
under the rules of the Senate and the House, have jurisdiction over
the subject matter of such reference.
(c) Transfer of records, data, etc.; copies
All records, data, charts, and files of the Joint Committee on
Atomic Energy are transferred to the committees of the Senate and
House of Representatives which, under the rules of the Senate and
the House, have jurisdiction over the subject matters to which such
records, data, charts, and files relate. In the event that any
record, data, chart, or file shall be within the jurisdiction of
more than one committee, duplicate copies shall be provided upon
request.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 301, as added Aug. 30, 1954,
ch. 1073, Sec. 1, as added Pub. L. 95-110, Sec. 1, Sept. 20, 1977,
91 Stat. 884; renumbered title I, Pub. L. 102-486, title IX, Sec.
902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-End-
-CITE-
42 USC Sec. 2259 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVI - JOINT COMMITTEE ON ATOMIC ENERGY
-HEAD-
Sec. 2259. Information and assistance to Congressional committees
-STATUTE-
(a) Secretary of Energy and Nuclear Regulatory Commission
The Secretary of Energy and the Nuclear Regulatory Commission
shall keep the committees of the Senate and the House of
Representatives which, under the rules of the Senate and the House,
have jurisdiction over the functions of the Secretary or the
Commission, fully and currently informed with respect to the
activities of the Secretary and the Commission.
(b) Department of Defense and Department of State
The Department of Defense and Department of State shall keep the
committees of the Senate and the House of Representatives which,
under the rules of the Senate and the House, have jurisdiction over
national security considerations of nuclear energy, fully and
currently informed with respect to such matters within the
Department of Defense and Department of State relating to national
security considerations of nuclear technology which are within the
jurisdiction of such committees.
(c) Government agencies
Any Government agency shall furnish any information requested by
the committees of the Senate and the House of Representatives
which, under the rules of the Senate and the House, have
jurisdiction over the development, utilization, or application of
nuclear energy, with respect to the activities or responsibilities
of such agency in the field of nuclear energy which are within the
jurisdiction of such committees.
(d) Utilization of services, facilities, and personnel of
Government agencies; reimbursement; prior written consent
The committees of the Senate and the House of Representatives
which, under the rules of the Senate and the House, have
jurisdiction over the development, utilization, or application of
nuclear energy, are authorized to utilize the services,
information, facilities, and personnel of any Government agency
which has activities or responsibilities in the field of nuclear
energy which are within the jurisdiction of such committees:
Provided, however, That any utilization of personnel by such
committees shall be on a reimbursable basis and shall require, with
respect to committees of the Senate, the prior written consent of
the Committee on Rules and Administration, and with respect to
committees of the House of Representatives, the prior written
consent of the Committee on House Oversight.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 303, as added Aug. 30, 1954,
ch. 1073, Sec. 1, as added Pub. L. 95-110, Sec. 1, Sept. 20, 1977,
91 Stat. 884; renumbered title I, Pub. L. 102-486, title IX, Sec.
902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 104-186,
title II, Sec. 222(1), Aug. 20, 1996, 110 Stat. 1751.)
-MISC1-
AMENDMENTS
1996 - Subsec. (d). Pub. L. 104-186 substituted "House Oversight"
for "House Administration".
-CHANGE-
CHANGE OF NAME
Committee on House Oversight of House of Representatives changed
to Committee on House Administration of House of Representatives by
House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of certain functions from Nuclear Regulatory
Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45
F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of
this title.
-End-
-CITE-
42 USC SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-End-
-CITE-
42 USC Sec. 2271 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2271. General provisions
-STATUTE-
(a) Authority of President to utilize Government agencies
To protect against the unlawful dissemination of Restricted Data
and to safeguard facilities, equipment, materials, and other
property of the Commission, the President shall have authority to
utilize the services of any Government agency to the extent he may
deem necessary or desirable.
(b) Criminal violations
The Federal Bureau of Investigation of the Department of Justice
shall investigate all alleged or suspected criminal violations of
this chapter.
(c) Violations of this chapter
No action shall be brought against any individual or person for
any violation under this chapter unless and until the Attorney
General of the United States has advised the Commission with
respect to such action and no such action shall be commenced except
by the Attorney General of the United States: Provided, however,
That nothing in this subsection shall be construed as applying to
administrative action taken by the Commission.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 221, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 958; amended Pub. L. 91-161, Sec. 5,
Dec. 24, 1969, 83 Stat. 445; Pub. L. 101-647, title XII, Sec. 1211,
Nov. 29, 1990, 104 Stat. 4833; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1990 - Subsec. (c). Pub. L. 101-647 struck out "That no action
shall be brought under section 2272, 2273, 2274, 2275, or 2276 of
this title except by the express direction of the Attorney General:
And provided further," after "Provided however,".
1969 - Subsec. (c). Pub. L. 91-161 provided that nothing in this
subsection should be construed to apply to administrative action
taken by the Commission.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2272 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2272. Violation of specific sections
-STATUTE-
(a) Whoever willfully violates, attempts to violate, or conspires
to violate, any provision of sections (!1) 2077 or 2131 of this
title, or whoever unlawfully interferes, attempts to interfere, or
conspires to interfere with any recapture or entry under section
2138 of this title, shall, upon conviction thereof, be punished by
a fine of not more than $10,000 or by imprisonment for not more
than ten years, or both, except that whoever commits such an
offense with intent to injure the United States or with intent to
secure an advantage to any foreign nation shall, upon conviction
thereof, be punished by imprisonment for life, or by imprisonment
for any term of years or a fine of not more than $20,000 or both.
(b) Any person who violates, or attempts or conspires to violate,
section 2122 of this title shall be fined not more than $2,000,000
and sentenced to a term of imprisonment not less than 25 years or
to imprisonment for life. Any person who, in the course of a
violation of section 2122 of this title, uses, attempts or
conspires to use, or possesses and threatens to use, any atomic
weapon shall be fined not more than $2,000,000 and imprisoned for
not less than 30 years or imprisoned for life. If the death of
another results from a person's violation of section 2122 of this
title, the person shall be fined not more than $2,000,000 and
punished by imprisonment for life.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 222, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 958; amended Pub. L. 91-161, Secs. 2,
3(a), Dec. 24, 1969, 83 Stat. 444; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub.
L. 108-458, title VI, Sec. 6904(b), Dec. 17, 2004, 118 Stat. 3771.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1816(a), (b) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
AMENDMENTS
2004 - Pub. L. 108-458 designated existing provisions as subsec.
(a), struck out ", 2122," after "2077", and added subsec. (b).
1969 - Pub. L. 91-161 increased maximum term of imprisonment from
five years to ten years for willful violation, or attempted
violation of enumerated sections, and struck out applicability of
death penalty for violation of same offenses committed with intent
to injure the United States, or secure an advantage to any foreign
nation.
EFFECTIVE DATE OF 1969 AMENDMENT
Section 7 of Pub. L. 91-161 provided that: "The amendments
contained in sections 2 and 3 of this Act [amending this section
and sections 2274 and 2276 of this title] shall apply only to
offenses under sections 222, 224, 225, and 226 [this section and
sections 2274, 2275, and 2276 of this title] which are committed on
or after the date of enactment of this Act [Dec. 24, 1969]. Nothing
in section 2 or 3 of this Act shall affect penalties authorized
under existing law for offenses under section 222, 224, 225, or 226
of the Atomic Energy Act of 1954, as amended, committed prior to
the date of enactment of this Act."
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-FOOTNOTE-
(!1) So in original. Probably should be "section".
-End-
-CITE-
42 USC Sec. 2273 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2273. Violation of sections
-STATUTE-
(a) Generally
Whoever willfully violates, attempts to violate, or conspires to
violate, any provision of this chapter for which no criminal
penalty is specifically provided or of any regulation or order
prescribed or issued under section 2095 or 2201(b), (i), or (o) of
this title shall, upon conviction thereof, be punished by a fine of
not more than $5,000 or by imprisonment for not more than two
years, or both, except that whoever commits such an offense with
intent to injure the United States or with intent to secure an
advantage to any foreign nation, shall, upon conviction thereof, be
punished by a fine of not more than $20,000 or by imprisonment for
not more than twenty years, or both.
(b) Construction or supply of components for utilization
facilities; impairment of basic components; "basic component"
defined; posting at construction sites of utilization facilities
and on premises of component fabrication plants
Any individual director, officer, or employee of a firm
constructing, or supplying the components of any utilization
facility required to be licensed under section 2133 or 2134(b) of
this title who by act or omission, in connection with such
construction or supply, knowingly and willfully violates or causes
to be violated, any section of this chapter, any rule, regulation,
or order issued thereunder, or any license condition, which
violation results, or if undetected could have resulted, in a
significant impairment of a basic component of such a facility
shall, upon conviction, be subject to a fine of not more than
$25,000 for each day of violation, or to imprisonment not to exceed
two years, or both. If the conviction is for a violation committed
after a first conviction under this subsection, punishment shall be
a fine of not more than $50,000 per day of violation, or
imprisonment for not more than two years, or both. For the purposes
of this subsection, the term "basic component" means a facility
structure, system, component or part thereof necessary to assure -
(1) the integrity of the reactor coolant pressure boundary,
(2) the capability to shut-down the facility and maintain it in
a safe shut-down condition, or
(3) the capability to prevent or mitigate the consequences of
accidents which could result in an unplanned offsite release of
quantities of fission products in excess of the limits
established by the Commission.
The provisions of this subsection shall be prominently posted at
each site where a utilization facility required to be licensed
under section 2133 or 2134(b) of this title is under construction
and on the premises of each plant where components for such a
facility are fabricated.
(c) Criminal penalties
Any individual director, officer or employee of a person
indemnified under an agreement of indemnification under section
2210(d) of this title (or of a subcontractor or supplier thereto)
who, by act or omission, knowingly and willfully violates or causes
to be violated any section of this chapter or any applicable
nuclear safety-related rule, regulation or order issued thereunder
by the Secretary of Energy (or expressly incorporated by reference
by the Secretary for purposes of nuclear safety, except any rule,
regulation, or order issued by the Secretary of Transportation),
which violation results in or, if undetected, would have resulted
in a nuclear incident as defined in section 2014(q) of this title
shall, upon conviction, notwithstanding section 3571 of title 18,
be subject to a fine of not more than $25,000, or to imprisonment
not to exceed two years, or both. If the conviction is for a
violation committed after the first conviction under this
subsection, notwithstanding section 3571 of title 18, punishment
shall be a fine of not more than $50,000, or imprisonment for not
more than five years, or both.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 223, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 958; amended Pub. L. 90-190, Sec. 12,
Dec. 14, 1967, 81 Stat. 578; Pub. L. 91-161, Sec. 6, Dec. 24, 1969,
83 Stat. 445; Pub. L. 96-295, title II, Sec. 203, June 30, 1980, 94
Stat. 786; Pub. L. 100-408, Sec. 18, Aug. 20, 1988, 102 Stat. 1083;
renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1988 - Subsec. (c). Pub. L. 100-408 added subsec. (c).
1980 - Pub. L. 96-295 designated existing provisions as subsec.
(a) and added subsec. (b).
1969 - Pub. L. 91-161 limited application of section to instances
where no criminal penalties have been provided.
1967 - Pub. L. 90-190 substituted "(o)" for "(p)".
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-408 effective Aug. 20, 1988, but
inapplicable to any violation occurring before Aug. 20, 1988, see
section 20 of Pub. L. 100-408, set out as a note under section 2014
of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2274 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2274. Communication of Restricted Data
-STATUTE-
Whoever, lawfully or unlawfully, having possession of, access to,
control over, or being entrusted with any document, writing,
sketch, photograph, plan, model, instrument, appliance, note, or
information involving or incorporating Restricted Data -
(a) communicates, transmits, or discloses the same to any
individual or person, or attempts or conspires to do any of the
foregoing, with intent to injure the United States or with intent
to secure an advantage to any foreign nation, upon conviction
thereof, shall be punished by imprisonment for life, or by
imprisonment for any term of years or a fine of not more than
$100,000 or both;
(b) communicates, transmits, or discloses the same to any
individual or person, or attempts or conspires to do any of the
foregoing, with reason to believe such data will be utilized to
injure the United States or to secure an advantage to any foreign
nation, shall, upon conviction, be punished by a fine of not more
than $50,000 or imprisonment for not more than ten years, or
both.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 224, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 958; amended Pub. L. 91-161, Sec. 3(b),
Dec. 24, 1969, 83 Stat. 444; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
106-65, div. C, title XXXI, Sec. 3148(a), Oct. 5, 1999, 113 Stat.
938; Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(g)(9)],
Oct. 30, 2000, 114 Stat. 1654, 1654A-294.)
-MISC1-
AMENDMENTS
2000 - Cl. (b). Pub. L. 106-398 substituted "$50,000" for
"$500,000".
1999 - Cl. (a). Pub. L. 106-65, Sec. 3148(a)(1), substituted
"$100,000" for "$20,000".
Cl. (b). Pub. L. 106-65, Sec. 3148(a)(2), substituted "$500,000"
for "$10,000".
1969 - Pub. L. 91-161 made death penalty inapplicable for willful
violation, or attempted violation of this section with intent to
injure the United States, or secure an advantage for any foreign
nation.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(g)(9)],
Oct. 30, 2000, 114 Stat. 1654, 1654A-294, provided that the
amendment made by that section is effective as of Oct. 5, 1999.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by Pub. L. 91-161 applicable to offenses committed on
or after Dec. 24, 1969, see section 7 of Pub. L. 91-161, set out as
a note under section 2272 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2275 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2275. Receipt of Restricted Data
-STATUTE-
Whoever, with intent to injure the United States or with intent
to secure an advantage to any foreign nation, acquires, or attempts
or conspires to acquire any document, writing, sketch, photograph,
plan, model, instrument, appliance, note, or information involving
or incorporating Restricted Data, shall upon conviction thereof, be
punished by imprisonment for life, or by imprisonment for any term
of years or a fine of not more than $100,000 or both.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 225, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 959; amended Pub. L. 91-161, Sec. 3(b),
Dec. 24, 1969, 83 Stat. 444; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
106-65, div. C, title XXXI, Sec. 3148(b), Oct. 5, 1999, 113 Stat.
938.)
-MISC1-
AMENDMENTS
1999 - Pub. L. 106-65 substituted "$100,000" for "$20,000".
1969 - Pub. L. 91-161 made death penalty inapplicable for willful
violation, or attempted violation of this section with intent to
injure the United States, or secure an advantage for any foreign
nation.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by Pub. L. 91-161 applicable to offenses committed on
or after Dec. 24, 1969, see section 7 of Pub. L. 91-161, set out as
a note under section 2272 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2276 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2276. Tampering with Restricted Data
-STATUTE-
Whoever, with intent to injure the United States or with intent
to secure an advantage to any foreign nation, removes, conceals,
tampers with, alters, mutilates, or destroys any document, writing,
sketch, photograph, plan, model, instrument, appliance, or note
involving or incorporating Restricted Data and used by any
individual or person in connection with the production of special
nuclear material, or research or development relating to atomic
energy, conducted by the United States, or financed in whole or in
part by Federal funds, or conducted with the aid of special nuclear
material, shall be punished by imprisonment for life, or by
imprisonment for any term of years or a fine of not more than
$20,000 or both.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 226, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 959; amended Pub. L. 91-161, Sec. 3(b),
Dec. 24, 1969, 83 Stat. 444; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1969 - Pub. L. 91-161 made death penalty inapplicable for willful
violation, or attempted violation of this section with intent to
injure the United States, or secure an advantage for any foreign
nation.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by Pub. L. 91-161 applicable to offenses committed on
or after Dec. 24, 1969, see section 7 of Pub. L. 91-161, set out as
a note under section 2272 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2277 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2277. Disclosure of Restricted Data
-STATUTE-
Whoever, being or having been an employee or member of the
Commission, a member of the Armed Forces, an employee of any agency
of the United States, or being or having been a contractor of the
Commission or of an agency of the United States, or being or having
been an employee of a contractor of the Commission or of an agency
of the United States, or being or having been a licensee of the
Commission, or being or having been an employee of a licensee of
the Commission, knowingly communicates, or whoever conspires to
communicate or to receive, any Restricted Data, knowing or having
reason to believe that such data is Restricted Data, to any person
not authorized to receive Restricted Data pursuant to the
provisions of this chapter or under rule or regulation of the
Commission issued pursuant thereto, knowing or having reason to
believe such person is not so authorized to receive Restricted Data
shall, upon conviction thereof, be punishable by a fine of not more
than $12,500.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 227, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 959; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;
amended Pub. L. 106-65, div. C, title XXXI, Sec. 3148(c), Oct. 5,
1999, 113 Stat. 938.)
-MISC1-
AMENDMENTS
1999 - Pub. L. 106-65 substituted "$12,500" for "$2,500".
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2278 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2278. Statute of limitations
-STATUTE-
Except for a capital offense, no individual or person shall be
prosecuted, tried, or punished for any offense prescribed or
defined in sections 2274 to 2276 of this title unless the
indictment is found or the information is instituted within ten
years next after such offense shall have been committed.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 228, as added Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 959; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2278a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2278a. Trespass on Commission installations
-STATUTE-
(a) Issuance and posting of regulations
(1) The Commission is authorized to issue regulations relating to
the entry upon or carrying, transporting, or otherwise introducing
or causing to be introduced any dangerous weapon, explosive, or
other dangerous instrument or material likely to produce
substantial injury or damage to persons or property, into or upon
any facility, installation, or real property subject to the
jurisdiction, administration, in the custody of the Commission, or
subject to the licensing authority of the Commission or
certification by the Commission under this chapter or any other
Act.
(2) Every such regulation of the Commission shall be posted
conspicuously at the location involved.
(b) Penalty for violation of regulations
Whoever shall willfully violate any regulation of the Commission
issued pursuant to subsection (a) of this section shall, upon
conviction thereof, be punishable by a fine of not more than
$1,000.
(c) Penalty for violation of regulations regarding enclosed
property
Whoever shall willfully violate any regulation of the Commission
issued pursuant to subsection (a) of this section with respect to
any installation or other property which is enclosed by a fence,
wall, floor, roof, or other structural barrier shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
of not to exceed $5,000 or to imprisonment for not more than one
year, or both.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 229, as added Aug. 6, 1956,
ch. 1015, Sec. 6, 70 Stat. 1070; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;
amended Pub. L. 109-58, title VI, Sec. 654, Aug. 8, 2005, 119 Stat.
812.)
-MISC1-
AMENDMENTS
2005 - Pub. L. 109-58, Sec. 654(1), (2), substituted "on" for
"upon" in section catchline and realigned margins.
Subsec. (a). Pub. L. 109-58, Sec. 654(3), designated first
sentence as par. (1), substituted "in the custody of the
Commission, or subject to the licensing authority of the Commission
or certification by the Commission under this chapter or any other
Act" for "or in the custody of the Commission", and designated
second sentence as par. (2).
-End-
-CITE-
42 USC Sec. 2278b 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2278b. Photographing, etc., of Commission installations;
penalty
-STATUTE-
It shall be an offense, punishable by a fine of not more than
$1,000 or imprisonment for not more than one year, or both -
(1) to make any photograph, sketch, picture, drawing, map or
graphical representation, while present on property subject to
the jurisdiction, administration or in the custody of the
Commission, of any installations or equipment designated by the
President as requiring protection against the general
dissemination of information relative thereto, in the interest of
the common defense and security, without first obtaining the
permission of the Commission, and promptly submitting the product
obtained to the Commission for inspection or such other action as
may be deemed necessary; or
(2) to use or permit the use of an aircraft or any contrivance
used, or designed for navigation or flight in air, for the
purpose of making a photograph, sketch, picture, drawing, map or
graphical representation of any installation or equipment
designated by the President as provided in the preceding
paragraph, unless authorized by the Commission.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 230, as added Aug. 6, 1956,
ch. 1015, Sec. 6, 70 Stat. 1070; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2279 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2279. Applicability of other laws
-STATUTE-
Sections 2274 to 2278b of this title shall not exclude the
applicable provisions of any other laws.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 231, formerly Sec. 229, as
added Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 959; renumbered
Sec. 231 and amended Aug. 6, 1956, ch. 1015, Secs. 6, 7, 70 Stat.
1070; renumbered title I, Pub. L. 102-486, title IX, Sec.
902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
AMENDMENTS
1956 - Act Aug. 6, 1956, Sec. 7, substituted "2274 to 2278b" for
"2274 to 2278".
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2280 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2280. Injunction proceedings
-STATUTE-
Whenever in the judgment of the Commission any person has engaged
or is about to engage in any acts or practices which constitute or
will constitute a violation of any provision of this chapter, or
any regulation or order issued thereunder, the Attorney General on
behalf of the United States may make application to the appropriate
court for an order enjoining such acts or practices, or for an
order enforcing compliance with such provision, and upon a showing
by the Commission that such person has engaged or is about to
engage in any such acts or practices, a permanent or temporary
injunction, restraining order, or other order may be granted.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 232, formerly Sec. 230, as
added Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 959; renumbered
Sec. 232, Aug. 6, 1956, ch. 1015, Sec. 6, 70 Stat. 1070; renumbered
title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1816(c) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2281 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2281. Contempt proceedings
-STATUTE-
In case of failure or refusal to obey a subpena served upon any
person pursuant to section 2201(c) of this title, the district
court for any district in which such person is found or resides or
transacts business, upon application by the Attorney General on
behalf of the United States, shall have jurisdiction to issue an
order requiring such person to appear and give testimony or to
appear and produce documents, or both, in accordance with the
subpena; and any failure to obey such order of the court may be
punished by such court as a contempt thereof.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 233, formerly Sec. 231, as
added Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 960; renumbered
Sec. 233, Aug. 6, 1956, ch. 1015, Sec. 6, 70 Stat. 1070; renumbered
title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
106 Stat. 2944.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section
1816(d) of this title, prior to the general amendment and
renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2282 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2282. Civil penalties
-STATUTE-
(a) Violations of licensing requirements
Any person who (1) violates any licensing or certification
provision of section 2073, 2077, 2092, 2093, 2111, 2112, 2131,
2133, 2134, 2137, 2139, or 2297f of this title or any rule,
regulation, or order issued thereunder, or any term, condition, or
limitation of any license or certification issued thereunder, or
(2) commits any violation for which a license may be revoked under
section 2236 of this title, shall be subject to a civil penalty, to
be imposed by the Commission, of not to exceed $100,000 for each
such violation. If any violation is a continuing one, each day of
such violation shall constitute a separate violation for the
purpose of computing the applicable civil penalty. The Commission
shall have the power to compromise, mitigate, or remit such
penalties.
(b) Notice
Whenever the Commission has reason to believe that a person has
become subject to the imposition of a civil penalty under the
provisions of this section, it shall notify such person in writing
(1) setting forth the date, facts, and nature of each act or
omission with which the person is charged, (2) specifically
identifying the particular provision or provisions of the section,
rule, regulation, order, or license involved in the violation, and
(3) advising of each penalty which the Commission proposes to
impose and its amount. Such written notice shall be sent by
registered or certified mail by the Commission to the last known
address of such person. The person so notified shall be granted an
opportunity to show in writing, within such reasonable period as
the Commission shall by regulation prescribe, why such penalty
should not be imposed. The notice shall also advise such person
that upon failure to pay the civil penalty subsequently determined
by the Commission, if any, the penalty may be collected by civil
action.
(c) Collection of penalties
On the request of the Commission, the Attorney General is
authorized to institute a civil action to collect a penalty imposed
pursuant to this section. The Attorney General shall have the
exclusive power to compromise, mitigate, or remit such civil
penalties as are referred to him for collection.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 234, as added Pub. L. 91-161,
Sec. 4, Dec. 24, 1969, 83 Stat. 444; amended Pub. L. 96-295, title
II, Sec. 206, June 30, 1980, 94 Stat. 787; renumbered title I, Pub.
L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
2944; Pub. L. 104-134, title III, Sec. 3116(d), Apr. 26, 1996, 110
Stat. 1321-350.)
-MISC1-
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-134, in first sentence,
substituted "any licensing or certification provision of section
2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139,
or 2297f of this title" for "any licensing provision of section
2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, or 2139
of this title" and "any license or certification issued thereunder"
for "any license issued thereunder".
1980 - Subsec. (a). Pub. L. 96-295 substituted $100,000 penalty
limitation per violation for $5,000 limit per violation and $25,000
limit for all violations taking place within any thirty consecutive
day period.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2282a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2282a. Civil monetary penalties for violation of Department of
Energy safety regulations
-STATUTE-
(a) Persons subject to penalty
Any person who has entered into an agreement of indemnification
under section 2210(d) of this title (or any subcontractor or
supplier thereto) who violates (or whose employee violates) any
applicable rule, regulation or order related to nuclear safety
prescribed or issued by the Secretary of Energy pursuant to this
chapter (or expressly incorporated by reference by the Secretary
for purposes of nuclear safety, except any rule, regulation, or
order issued by the Secretary of Transportation) shall be subject
to a civil penalty of not to exceed $100,000 for each such
violation. If any violation under this subsection is a continuing
one, each day of such violation shall constitute a separate
violation for the purpose of computing the applicable civil
penalty.
(b) Determination of amount
(1) The Secretary shall have the power to compromise, modify or
remit, with or without conditions, such civil penalties and to
prescribe regulations as he may deem necessary to implement this
section.
(2) In determining the amount of any civil penalty under this
subsection, the Secretary shall take into account the nature,
circumstances, extent, and gravity of the violation or violations
and, with respect to the violator, ability to pay, effect on
ability to continue to do business, any history of prior such
violations, the degree of culpability, and such other matters as
justice may require.
(c) Assessment and payment
(1) Before issuing an order assessing a civil penalty against any
person under this section, the Secretary shall provide to such
person notice of the proposed penalty. Such notice shall inform
such person of his opportunity to elect in writing within thirty
days after the date of receipt of such notice to have the
procedures of paragraph (3) (in lieu of those of paragraph (2))
apply with respect to such assessment.
(2)(A) Unless an election is made within thirty calendar days
after receipt of notice under paragraph (1) to have paragraph (3)
apply with respect to such penalty, the Secretary shall assess the
penalty, by order, after a determination of violation has been made
on the record after an opportunity for an agency hearing pursuant
to section 554 of title 5 before an administrative law judge
appointed under section 3105 of such title 5. Such assessment order
shall include the administrative law judge's findings and the basis
for such assessment.
(B) Any person against whom a penalty is assessed under this
paragraph may, within sixty calendar days after the date of the
order of the Secretary assessing such penalty, institute an action
in the United States court of appeals for the appropriate judicial
circuit for judicial review of such order in accordance with
chapter 7 of title 5. The court shall have jurisdiction to enter a
judgment affirming, modifying, or setting aside in whole or in
part, the order of the Secretary, or the court may remand the
proceeding to the Secretary for such further action as the court
may direct.
(3)(A) In the case of any civil penalty with respect to which the
procedures of this paragraph have been elected, the Secretary shall
promptly assess such penalty, by order, after the date of the
election under paragraph (1).
(B) If the civil penalty has not been paid within sixty calendar
days after the assessment order has been made under subparagraph
(A), the Secretary shall institute an action in the appropriate
district court of the United States for an order affirming the
assessment of the civil penalty. The court shall have authority to
review de novo the law and facts involved, and shall have
jurisdiction to enter a judgment enforcing, modifying, and
enforcing as so modified, or setting aside in whole or in part,
such assessment.
(C) Any election to have this paragraph apply may not be revoked
except with consent of the Secretary.
(4) If any person fails to pay an assessment of a civil penalty
after it has become a final and unappealable order under paragraph
(2), or after the appropriate district court has entered final
judgment in favor of the Secretary under paragraph (3), the
Secretary shall institute an action to recover the amount of such
penalty in any appropriate district court of the United States. In
such action, the validity and appropriateness of such final
assessment order or judgment shall not be subject to review.
(d) Limitation for not-for-profit institutions
(1) Notwithstanding subsection (a) of this section, in the case
of any not-for-profit contractor, subcontractor, or supplier, the
total amount of civil penalties paid under subsection (a) of this
section may not exceed the total amount of fees paid within any 1-
year period (as determined by the Secretary) under the contract
under which the violation occurs.
(2) For purposes of this section, the term "not-for-profit" means
that no part of the net earnings of the contractor, subcontractor,
or supplier inures to the benefit of any natural person or for-
profit artificial person.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 234A, as added Pub. L. 100-
408, Sec. 17, Aug. 20, 1988, 102 Stat. 1081; renumbered title I,
Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
2944; amended Pub. L. 106-65, div. C, title XXXI, Sec. 3147(c),
Oct. 5, 1999, 113 Stat. 938; Pub. L. 109-58, title VI, Sec. 610(a),
(b), Aug. 8, 2005, 119 Stat. 781.)
-MISC1-
AMENDMENTS
2005 - Subsec. (b)(2). Pub. L. 109-58, Sec. 610(a), struck out at
end "In implementing this section, the Secretary shall determine by
rule whether nonprofit educational institutions should receive
automatic remission of any penalty under this section."
Subsec. (d). Pub. L. 109-58, Sec. 610(b), amended subsec. (d)
generally. Prior to amendment, subsec. (d) provided that the
provisions of this section would not apply to the University of
Chicago for activities associated with Argonne National Laboratory;
the University of California for activities associated with Los
Alamos National Laboratory, Lawrence Livermore National Laboratory,
and Lawrence Berkeley National Laboratory; American Telephone and
Telegraph Company and its subsidiaries for activities associated
with Sandia National Laboratories; Universities Research
Association, Inc. for activities associated with FERMI National
Laboratory; Princeton University for activities associated with
Princeton Plasma Physics Laboratory; the Associated Universities,
Inc. for activities associated with the Brookhaven National
Laboratory; and Battelle Memorial Institute for activities
associated with Pacific Northwest Laboratory.
1999 - Pub. L. 106-65 inserted "safety" before "regulations" in
section catchline.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109-58, title VI, Sec. 610(c), Aug. 8, 2005, 119 Stat.
782, provided that: "The amendments made by this section [amending
this section] shall not apply to any violation of the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.) occurring under a contract
entered into before the date of enactment of this section [Aug. 8,
2005]."
EFFECTIVE DATE
Section effective Aug. 20, 1988, but inapplicable to any
violation occurring before Aug. 20, 1988, see section 20 of Pub. L.
100-408, set out as an Effective Date of 1988 Amendment note under
section 2014 of this title.
-End-
-CITE-
42 USC Sec. 2282b 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2282b. Civil monetary penalties for violations of Department
of Energy regulations regarding security of classified or
sensitive information or data
-STATUTE-
(a) Persons subject to penalty
Any person who has entered into a contract or agreement with the
Department of Energy, or a subcontract or subagreement thereto, and
who violates (or whose employee violates) any applicable rule,
regulation, or order prescribed or otherwise issued by the
Secretary pursuant to this chapter relating to the safeguarding or
security of Restricted Data or other classified or sensitive
information shall be subject to a civil penalty of not to exceed
$100,000 for each such violation.
(b) Fee or payment reductions for violations
The Secretary shall include in each contract with a contractor of
the Department provisions which provide an appropriate reduction in
the fees or amounts paid to the contractor under the contract in
the event of a violation by the contractor or contractor employee
of any rule, regulation, or order relating to the safeguarding or
security of Restricted Data or other classified or sensitive
information. The provisions shall specify various degrees of
violations and the amount of the reduction attributable to each
degree of violation.
(c) Powers and limitations
The powers and limitations applicable to the assessment of civil
penalties under section 2282a of this title, except for subsection
(d) of that section, shall apply to the assessment of civil
penalties under this section.
(d) Application to certain entities
In the case of an entity specified in subsection (d) of section
2282a of this title -
(1) the assessment of any civil penalty under subsection (a) of
this section against that entity may not be made until the entity
enters into a new contract with the Department of Energy or an
extension of a current contract with the Department; and
(2) the total amount of civil penalties under subsection (a) of
this section in a fiscal year may not exceed the total amount of
fees paid by the Department of Energy to that entity in that
fiscal year.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 234B, as added Pub. L. 106-
65, div. C, title XXXI, Sec. 3147(a), Oct. 5, 1999, 113 Stat.
937.)
-MISC1-
EFFECTIVE DATE
Pub. L. 106-65, div. C, title XXXI, Sec. 3147(b), Oct. 5, 1999,
113 Stat. 938, provided that: "Subsection a. of section 234B of the
Atomic Energy Act of 1954 [42 U.S.C. 2282b(a)], as added by
subsection (a), applies to any violation after the date of the
enactment of this Act [Oct. 5, 1999]."
-End-
-CITE-
42 USC Sec. 2282c 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2282c. Worker health and safety rules for Department of Energy
nuclear facilities
-STATUTE-
(a) Regulations required
(1) In general
The Secretary shall promulgate regulations for industrial and
construction health and safety at Department of Energy facilities
that are operated by contractors covered by agreements of
indemnification under section 2210(d) of this title, after public
notice and opportunity for comment under section 553 of title 5
(commonly known as the "Administrative Procedure Act"). Such
regulations shall, subject to paragraph (3), provide a level of
protection for workers at such facilities that is substantially
equivalent to the level of protection currently provided to such
workers at such facilities.
(2) Applicability
The regulations promulgated under paragraph (1) shall not apply
to any facility that is a component of, or any activity conducted
under, the Naval Nuclear Propulsion Program provided for under
Executive Order No. 12344, dated February 1, 1982 (as in force
pursuant to section 1634 of the Department of Defense
Authorization Act, 1985 (Public Law 98-525)).
(3) Flexibility
In promulgating the regulations under paragraph (1), the
Secretary shall include flexibility -
(A) to tailor implementation of such regulations to reflect
activities and hazards associated with a particular work
environment;
(B) to take into account special circumstances at a facility
that is, or is expected to be, permanently closed and that is
expected to be demolished, or title to which is expected to be
transferred to another entity for reuse; and
(C) to achieve national security missions of the Department
of Energy in an efficient and timely manner.
(4) No effect on health and safety enforcement
This subsection does not diminish or otherwise affect the
enforcement or the application of any other law, regulation,
order, or contractual obligation relating to worker health and
safety.
(b) Civil penalties
(1) In general
A person (or any subcontractor or supplier of the person) who
has entered into an agreement of indemnification under section
2210(d) of this title (or any subcontractor or supplier of the
person) that violates (or is the employer of a person that
violates) any regulation promulgated under subsection (a) of this
section shall be subject to a civil penalty of not more than
$70,000 for each such violation.
(2) Continuing violations
If any violation under this subsection is a continuing
violation, each day of the violation shall constitute a separate
violation for the purpose of computing the civil penalty under
paragraph (1).
(c) Contract penalties
(1) In general
The Secretary shall include in each contract with a contractor
of the Department who has entered into an agreement of
indemnification under section 2210(d) of this title provisions
that provide an appropriate reduction in the fees or amounts paid
to the contractor under the contract in the event of a violation
by the contractor or contractor employee of any regulation
promulgated under subsection (a) of this section.
(2) Contents
The provisions shall specify various degrees of violations and
the amount of the reduction attributable to each degree of
violation.
(d) Coordination of penalties
(1) Choice of penalties
For any violation by a person of a regulation promulgated under
subsection (a) of this section, the Secretary shall pursue either
civil penalties under subsection (b) of this section or contract
penalties under subsection (c) of this section, but not both.
(2) Maximum amount
In the case of an entity described in subsection (d) of section
2282a of this title, the total amount of civil penalties under
subsection (b) of this section and contract penalties under
subsection (c) of this section in a fiscal year may not exceed
the total amount of fees paid by the Department of Energy to that
entity in that fiscal year.
(3) Coordination with section 2282a of this title
The Secretary shall ensure that a contractor of the Department
is not penalized both under this section and under section 2282a
of this title for the same violation.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 234C, as added Pub. L. 107-
314, div. C, title XXXI, Sec. 3173(a), Dec. 2, 2002, 116 Stat.
2743.)
-REFTEXT-
REFERENCES IN TEXT
Executive Order No. 12344, referred to in subsec. (a)(2), is set
out as a note under section 2511 of Title 50, War and National
Defense.
Section 1634 of the Department of Defense Authorization Act, 1985
(Public Law 98-525), referred to in subsec. (a)(2), is set out as a
note under section 2511 of Title 50, War and National Defense.
-MISC1-
PROMULGATION OF INITIAL REGULATIONS
Pub. L. 107-314, div. C, title XXXI, Sec. 3173(b), Dec. 2, 2002,
116 Stat. 2745, provided that:
"(1) Deadline for promulgating regulations. - The Secretary of
Energy shall promulgate the regulations required by subsection a.
of section 234C of the Atomic Energy Act of 1954 [42 U.S.C.
2282c(a)] (as added by subsection (a)) not later than one year
after the date of the enactment of this Act [Dec. 2, 2002].
"(2) Effective date. - The regulations promulgated under
paragraph (1) shall take effect on the date that is one year after
the promulgation date of the regulations."
PROHIBITION
Pub. L. 107-314, div. C, title XXXI, Sec. 3173(c), Dec. 2, 2002,
116 Stat. 2745, provided that: "The Secretary of Energy shall not
participate in or otherwise support any study or other project
relating to a modification in the scope of the regulations
enforceable by civil penalties under section 234A or 234C of the
Atomic Energy Act of 1954 [42 U.S.C. 2282a, 2282c], or the
responsibility of the Secretary to implement and enforce such
regulations, until after the date on which the regulations for such
purposes under such section 234C take effect in accordance with
subsection (b) [set out as a note above]."
-End-
-CITE-
42 USC Sec. 2283 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2283. Protection of nuclear inspectors
-STATUTE-
(a) Homicide
Whoever kills any person who performs any inspections which -
(1) are related to any activity or facility licensed by the
Commission, and
(2) are carried out to satisfy requirements under this chapter
or under any other Federal law governing the safety of
utilization facilities required to be licensed under section 2133
or 2134(b) of this title, or the safety of radioactive materials,
shall be punished as provided under sections 1111 and 1112 of title
18. The preceding sentence shall be applicable only if such person
is killed while engaged in the performance of such inspection
duties or on account of the performance of such duties.
(b) Assault
Whoever forcibly assaults, resists, opposes, impedes,
intimidates, or interferes with any person who performs inspections
as described under subsection (a) of this section, while such
person is engaged in such inspection duties or on account of the
performance of such duties, shall be punished as provided under
section 111 of title 18.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 235, as added Pub. L. 96-295,
title II, Sec. 202(a), June 30, 1980, 94 Stat. 786; renumbered
title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
106 Stat. 2944.)
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2284 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER
-HEAD-
Sec. 2284. Sabotage of nuclear facilities or fuel
-STATUTE-
(a) Physical damage to facilities, etc.
Any person who knowingly destroys or causes physical damage to -
(1) any production facility or utilization facility licensed
under this chapter;
(2) any nuclear waste treatment, storage, or disposal facility
licensed under this chapter;
(3) any nuclear fuel for a utilization facility licensed under
this chapter, or any spent nuclear fuel from such a facility;
(4) any uranium enrichment, uranium conversion, or nuclear fuel
fabrication facility licensed or certified by the Nuclear
Regulatory Commission;
(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 chapter 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; (!1)
or attempts or conspires to do such an act, shall be fined not more
than $10,000 or imprisoned for not more than 20 years, or both,
and, if death results to any person, shall be imprisoned for any
term of years or for life.
(b) Unauthorized use or tampering with facilities, etc.
Any person who knowingly causes an interruption of normal
operation of any such facility through the unauthorized use of or
tampering with the machinery, components, or controls of any such
facility, or attempts or conspires to do such an act, shall be
fined not more than $10,000 or imprisoned for not more than 20
years, or both, and, if death results to any person, shall be
imprisoned for any term of years or for life.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 236, as added Pub. L. 96-295,
title II, Sec. 204(a), June 30, 1980, 94 Stat. 787; amended Pub. L.
97-415, Sec. 16, Jan. 4, 1983, 96 Stat. 2076; Pub. L. 101-575, Sec.
5(d), Nov. 15, 1990, 104 Stat. 2835; renumbered title I, Pub. L.
102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;
amended Pub. L. 107-56, title VIII, Secs. 810(f), 811(h), Oct. 26,
2001, 115 Stat. 380, 381; Pub. L. 109-58, title VI, Sec. 655, Aug.
8, 2005, 119 Stat. 813.)
-MISC1-
AMENDMENTS
2005 - Subsec. (a). Pub. L. 109-58, Sec. 655(b), substituted
"knowingly" for "intentionally and willfully" in introductory
provisions.
Pub. L. 109-58, Sec. 655(a), substituted "treatment, storage, or
disposal facility" for "storage facility" in par. (2), "a
utilization facility licensed under this chapter" for "such a
utilization facility" in par. (3), and ", uranium conversion, or
nuclear fuel fabrication facility licensed or certified" for
"facility licensed" in par. (4) and added pars. (5) to (7).
Subsec. (b). Pub. L. 109-58, Sec. 655(b), substituted "knowingly"
for "intentionally and willfully".
2001 - Subsec. (a). Pub. L. 107-56, Secs. 810(f)(1), (2),
811(h)(1)(A), (C), in introductory provisions, struck out ", or who
intentionally and willfully attempts to destroy or cause physical
damage to" before " - ", and in concluding provisions, inserted "or
attempts or conspires to do such an act," before "shall be fined"
and substituted "20 years, or both, and, if death results to any
person, shall be imprisoned for any term of years or for life." for
"ten years, or both."
Subsec. (a)(4). Pub. L. 107-56, Sec. 811(h)(1)(B), substituted
comma for period at end.
Subsec. (b). Pub. L. 107-56, Secs. 810(f)(1), (3), 811(h)(2),
struck out "or attempts to cause" before "an interruption of normal
operation", inserted "or attempts or conspires to do such an act,"
before "shall be fined", and substituted "20 years, or both, and,
if death results to any person, shall be imprisoned for any term of
years or for life." for "ten years, or both."
1990 - Subsec. (a)(4). Pub. L. 101-575, which directed amendment
of this section by adding par. (4) after par. (3), was executed by
adding par. (4) after par. (3) of subsec. (a) of this section to
reflect the probable intent of Congress.
1983 - Pub. L. 97-415 designated existing provisions as subsec.
(a) and added subsec. (b).
-FOOTNOTE-
(!1) So in original. The semicolon probably should be a comma.
-End-
-CITE-
42 USC SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES
SAFETY BOARD 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD
-HEAD-
SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD
-End-
-CITE-
42 USC Sec. 2286 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD
-HEAD-
Sec. 2286. Establishment
-STATUTE-
(a) Establishment
There is hereby established an independent establishment in the
executive branch, to be known as the "Defense Nuclear Facilities
Safety Board" (hereafter in this subchapter referred to as the
"Board").
(b) Membership
(1) The Board shall be composed of five members appointed from
civilian life by the President, by and with the advice and consent
of the Senate, from among United States citizens who are respected
experts in the field of nuclear safety with a demonstrated
competence and knowledge relevant to the independent investigative
and oversight functions of the Board. Not more than three members
of the Board shall be of the same political party.
(2) Any vacancy in the membership of the Board shall be filled in
the same manner in which the original appointment was made.
(3) No member of the Board may be an employee of, or have any
significant financial relationship with, the Department of Energy
or any contractor of the Department of Energy.
(4) Not later than 180 days after September 29, 1988, the
President shall submit to the Senate nominations for appointment to
the Board. In the event that the President is unable to submit the
nominations within such 180-day period, the President shall submit
to the Committees on Armed Services and on Appropriations of the
Senate and to the Speaker of the House of Representatives a report
describing the reasons for such inability and a plan for submitting
the nominations within the next 90 days. If the President is unable
to submit the nominations within that 90-day period, the President
shall again submit to such committees and the Speaker such a report
and plan. The President shall continue to submit to such committees
and the Speaker such a report and plan every 90 days until the
nominations are submitted.
(c) Chairman and Vice Chairman
(1) The President shall designate a Chairman and Vice Chairman of
the Board from among members of the Board.
(2) The Chairman shall be the chief executive officer of the
Board and, subject to such policies as the Board may establish,
shall exercise the functions of the Board with respect to -
(A) the appointment and supervision of employees of the Board;
(B) the organization of any administrative units established by
the Board; and
(C) the use and expenditure of funds.
(3) The Chairman may delegate any of the functions under this
paragraph to any other member or to any appropriate officer of the
Board.
(4) The Vice Chairman shall act as Chairman in the event of the
absence or incapacity of the Chairman or in case of a vacancy in
the office of Chairman.
(d) Terms
(1) Except as provided under paragraph (2), the members of the
Board shall serve for terms of five years. Members of the Board may
be reappointed.
(2) Of the members first appointed -
(A) one shall be appointed for a term of one year;
(B) one shall be appointed for a term of two years;
(C) one shall be appointed for a term of three years;
(D) one shall be appointed for a term of four years; and
(E) one shall be appointed for a term of five years,
as designated by the President at the time of appointment.
(3) Any member appointed to fill a vacancy occurring before the
expiration of the term of office for which such member's
predecessor was appointed shall be appointed only for the remainder
of such term. A member may serve after the expiration of that
member's term until a successor has taken office.
(e) Quorum
Three members of the Board shall constitute a quorum, but a
lesser number may hold hearings.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 311, as added Pub. L. 100-
456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
2076; renumbered title I, Pub. L. 102-486, title IX, Sec.
902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
REPORT ON EXTERNAL REGULATION OF DEFENSE NUCLEAR FACILITIES
Pub. L. 105-85, div. C, title XXXII, Sec. 3202, Nov. 18, 1997,
111 Stat. 2054, provided that:
"(a) Reporting Requirement. - The Defense Nuclear Facilities
Safety Board (in this section referred to as the 'Board') shall
prepare a report and make recommendations on its role in the
Department of Energy's decision to establish external regulation of
defense nuclear facilities. The report shall include the following:
"(1) An assessment of the value of and the need for the Board
to continue to perform the functions specified under chapter 21
of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
"(2) An assessment of the relationship between the functions of
the Board and a proposal by the Department of Energy to place
Department of Energy defense nuclear facilities under the
jurisdiction of external regulatory agencies.
"(3) An assessment of the functions of the Board and whether
there is a need to modify or amend such functions.
"(4) An assessment of the relative advantages and disadvantages
to the Department and the public of continuing the functions of
the Board with respect to Department of Energy defense nuclear
facilities and replacing the activities of the Board with
external regulation of such facilities.
"(5) A list of all existing or planned Department of Energy
defense nuclear facilities that are similar to facilities under
the regulatory jurisdiction of the Nuclear Regulatory Commission.
"(6) A list of all Department of Energy defense nuclear
facilities that are in compliance with all applicable Department
of Energy orders, regulations, and requirements relating to the
design, construction, operation, and decommissioning of defense
nuclear facilities.
"(7) A list of all Department of Energy defense nuclear
facilities that have implemented, pursuant to an implementation
plan, recommendations made by the Board and accepted by the
Secretary of Energy.
"(8) A list of Department of Energy defense nuclear facilities
that have a function related to Department weapons activities.
"(9)(A) A list of each existing defense nuclear facility that
the Board determines -
"(i) should continue to stay within the jurisdiction of the
Board for a period of time or indefinitely; and
"(ii) should come under the jurisdiction of an outside
regulatory authority.
"(B) An explanation of the determinations made under
subparagraph (A).
"(10) For any existing facilities that should, in the opinion
of the Board, come under the jurisdiction of an outside
regulatory authority, the date when this move would occur and the
period of time necessary for the transition.
"(11) A list of any proposed Department of Energy defense
nuclear facilities that should come under the Board's
jurisdiction.
"(12) An assessment of regulatory and other issues associated
with the design, construction, operation, and decommissioning of
facilities that are not owned by the Department of Energy but
which would provide services to the Department of Energy.
"(13) An assessment of the role of the Board, if any, in
privatization projects undertaken by the Department.
"(14) An assessment of the role of the Board, if any, in any
tritium production facilities.
"(15) An assessment of the comparative advantages and
disadvantages to the Department of Energy in the event some or
all Department of Energy defense nuclear facilities were no
longer included in the functions of the Board and were regulated
by the Nuclear Regulatory Commission.
"(16) A comparison of the cost, as identified by the Nuclear
Regulatory Commission, that would be incurred at a gaseous
diffusion plant to comply with regulations issued by the Nuclear
Regulatory Commission, with the cost that would be incurred by a
gaseous diffusion plant if such a plant was considered to be a
Department of Energy defense nuclear facility as defined by
chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et
seq.).
"(b) Comments on Report. - Before submission of the report to
Congress under subsection (c), the Board shall transmit the report
to the Secretary of Energy and the Nuclear Regulatory Commission.
The Secretary and the Commission shall provide their comments on
the report to both the Board and to Congress.
"(c) Submission to Congress. - Not later than six months after
the date of the enactment of this Act [Nov. 18, 1997], the Board
shall provide to Congress an interim report on the status of the
implementation of this section. Not later than one year after the
date of the enactment of this Act, and not earlier than 30 days
after receipt of comments from the Secretary of Energy and the
Nuclear Regulatory Commission under subsection (b), the Board shall
submit to Congress the report required under subsection (a).
"(d) Definition. - In this section, the term 'Department of
Energy defense nuclear facility' has the meaning provided by
section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g)."
-End-
-CITE-
42 USC Sec. 2286a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD
-HEAD-
Sec. 2286a. Functions of Board
-STATUTE-
(a) In general
The Board shall perform the following functions:
(1) Review and evaluation of standards
The Board shall review and evaluate the content and
implementation of the standards relating to the design,
construction, operation, and decommissioning of defense nuclear
facilities of the Department of Energy (including all applicable
Department of Energy orders, regulations, and requirements) at
each Department of Energy defense nuclear facility. The Board
shall recommend to the Secretary of Energy those specific
measures that should be adopted to ensure that public health and
safety are adequately protected. The Board shall include in its
recommendations necessary changes in the content and
implementation of such standards, as well as matters on which
additional data or additional research is needed.
(2) Investigations
(A) The Board shall investigate any event or practice at a
Department of Energy defense nuclear facility which the Board
determines has adversely affected, or may adversely affect,
public health and safety.
(B) The purpose of any Board investigation under subparagraph
(A) shall be -
(i) to determine whether the Secretary of Energy is
adequately implementing the standards described in paragraph
(1) of the Department of Energy (including all applicable
Department of Energy orders, regulations, and requirements) at
the facility;
(ii) to ascertain information concerning the circumstances of
such event or practice and its implications for such standards;
(iii) to determine whether such event or practice is related
to other events or practices at other Department of Energy
defense nuclear facilities; and
(iv) to provide to the Secretary of Energy such
recommendations for changes in such standards or the
implementation of such standards (including Department of
Energy orders, regulations, and requirements) and such
recommendations relating to data or research needs as may be
prudent or necessary.
(3) Analysis of design and operational data
The Board shall have access to and may systematically analyze
design and operational data, including safety analysis reports,
from any Department of Energy defense nuclear facility.
(4) Review of facility design and construction
The Board shall review the design of a new Department of Energy
defense nuclear facility before construction of such facility
begins and shall recommend to the Secretary, within a reasonable
time, such modifications of the design as the Board considers
necessary to ensure adequate protection of public health and
safety. During the construction of any such facility, the Board
shall periodically review and monitor the construction and shall
submit to the Secretary, within a reasonable time, such
recommendations relating to the construction of that facility as
the Board considers necessary to ensure adequate protection of
public health and safety. An action of the Board, or a failure to
act, under this paragraph may not delay or prevent the Secretary
of Energy from carrying out the construction of such a facility.
(5) Recommendations
The Board shall make such recommendations to the Secretary of
Energy with respect to Department of Energy defense nuclear
facilities, including operations of such facilities, standards,
and research needs, as the Board determines are necessary to
ensure adequate protection of public health and safety. In making
its recommendations the Board shall consider the technical and
economic feasibility of implementing the recommended measures.
(b) Excluded functions
The functions of the Board under this subchapter do not include
functions relating to the safety of atomic weapons. However, the
Board shall have access to any information on atomic weapons that
is within the Department of Energy and is necessary to carry out
the functions of the Board.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 312, as added Pub. L. 100-
456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
2077; amended Pub. L. 102-190, div. C, title XXXII, Sec.
3202(b)(2), Dec. 5, 1991, 105 Stat. 1582; renumbered title I, Pub.
L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
2944.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-190 designated existing provisions as subsec.
(a), inserted heading, and added subsec. (b).
-End-
-CITE-
42 USC Sec. 2286b 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD
-HEAD-
Sec. 2286b. Powers of Board
-STATUTE-
(a) Hearings
(1) The Board or a member authorized by the Board may, for the
purpose of carrying out this subchapter, hold such hearings and sit
and act at such times and places, and require, by subpoena or
otherwise, the attendance and testimony of such witnesses and the
production of such evidence as the Board or an authorized member
may find advisable.
(2)(A) Subpoenas may be issued only under the signature of the
Chairman or any member of the Board designated by him and shall be
served by any person designated by the Chairman, any member, or any
person as otherwise provided by law. The attendance of witnesses
and the production of evidence may be required from any place in
the United States at any designated place of hearing in the United
States.
(B) Any member of the Board may administer oaths or affirmations
to witnesses appearing before the Board.
(C) If a person issued a subpoena under paragraph (1) refuses to
obey such subpoena or is guilty of contumacy, any court of the
United States within the judicial district within which the hearing
is conducted or within the judicial district within which such
person is found or resides or transacts business may (upon
application by the Board) order such person to appear before the
Board to produce evidence or to give testimony relating to the
matter under investigation. Any failure to obey such order of the
court may be punished by such court as a contempt of the court.
(D) The subpoenas of the Board shall be served in the manner
provided for subpoenas issued by a United States district court
under the Federal Rules of Civil Procedure for the United States
district courts.
(E) All process of any court to which application may be made
under this section may be served in the judicial district in which
the person required to be served resides or may be found.
(b) Staff
(1) The Board may, for the purpose of performing its
responsibilities under this subchapter -
(A) hire such staff as it considers necessary to perform the
functions of the Board, including such scientific and technical
personnel as the Board may determine necessary, but not more than
the equivalent of 150 full-time employees; and
(B) procure the temporary and intermittent services of experts
and consultants to the extent authorized by section 3109(b) of
title 5 at rates the Board determines to be reasonable.
(2) The authority and requirements provided in section 2201(d) of
this title with respect to officers and employees of the Commission
shall apply with respect to scientific and technical personnel
hired under paragraph (1)(A).
(c) Regulations
The Board may prescribe regulations to carry out the
responsibilities of the Board under this subchapter.
(d) Reporting requirements
The Board may establish reporting requirements for the Secretary
of Energy which shall be binding upon the Secretary. The
information which the Board may require the Secretary of Energy to
report under this subsection may include any information designated
as classified information, or any information designated as
safeguards information and protected from disclosure under section
2167 or 2168 of this title.
(e) Use of Government facilities, etc.
The Board may, for the purpose of carrying out its
responsibilities under this subchapter, use any facility,
contractor, or employee of any other department or agency of the
Federal Government with the consent of and under appropriate
support arrangements with the head of such department or agency
and, in the case of a contractor, with the consent of the
contractor.
(f) Assistance from certain agencies of Federal Government
With the consent of and under appropriate support arrangements
with the Nuclear Regulatory Commission, the Board may obtain the
advice and recommendations of the staff of the Commission on
matters relating to the Board's responsibilities and may obtain the
advice and recommendations of the Advisory Committee on Reactor
Safeguards on such matters.
(g) Assistance from organizations outside Federal Government
Notwithstanding any other provision of law relating to the use of
competitive procedures, the Board may enter into an agreement with
the National Research Council of the National Academy of Sciences
or any other appropriate group or organization of experts outside
the Federal Government chosen by the Board to assist the Board in
carrying out its responsibilities under this subchapter.
(h) Resident inspectors
The Board may assign staff to be stationed at any Department of
Energy defense nuclear facility to carry out the functions of the
Board.
(i) Special studies
The Board may conduct special studies pertaining to adequate
protection of public health and safety at any Department of Energy
defense nuclear facility.
(j) Evaluation of information
The Board may evaluate information received from the scientific
and industrial communities, and from the interested public, with
respect to -
(1) events or practices at any Department of Energy defense
nuclear facility; or
(2) suggestions for specific measures to improve the content of
standards described in section 2286a(1) of this title, the
implementation of such standards, or research relating to such
standards at Department of Energy defense nuclear facilities.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 313, as added Pub. L. 100-
456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
2079; amended Pub. L. 101-510, div. C, title XXXII, Sec. 3202, Nov.
5, 1990, 104 Stat. 1844; Pub. L. 102-190, div. C, title XXXII, Sec.
3202(a), Dec. 5, 1991, 105 Stat. 1582; renumbered title I, Pub. L.
102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in subsec.
(a)(2)(D), are set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.
-MISC1-
AMENDMENTS
1991 - Subsec. (b)(1)(A). Pub. L. 102-190, Sec. 3202(a)(1),
substituted "150" for "100".
Subsec. (g). Pub. L. 102-190, Sec. 3202(a)(2), substituted
"Notwithstanding any other provision of law relating to the use of
competitive procedures, the Board may" for "The Board may".
1990 - Subsec. (b). Pub. L. 101-510 designated existing
provisions as par. (1), redesignated former pars. (1) and (2) as
subpars. (A) and (B), respectively, inserted "including such
scientific and technical personnel as the Board may determine
necessary," after "Board," in subpar. (A), and added par. (2).
-End-
-CITE-
42 USC Sec. 2286c 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD
-HEAD-
Sec. 2286c. Responsibilities of Secretary of Energy
-STATUTE-
(a) Cooperation
The Secretary of Energy shall fully cooperate with the Board and
provide the Board with ready access to such facilities, personnel,
and information as the Board considers necessary to carry out its
responsibilities under this subchapter. Each contractor operating a
Department of Energy defense nuclear facility under a contract
awarded by the Secretary shall, to the extent provided in such
contract or otherwise with the contractor's consent, fully
cooperate with the Board and provide the Board with ready access to
such facilities, personnel, and information of the contractor as
the Board considers necessary to carry out its responsibilities
under this subchapter.
(b) Access to information
The Secretary of Energy may deny access to information provided
to the Board to any person who -
(1) has not been granted an appropriate security clearance or
access authorization by the Secretary of Energy; or
(2) does not need such access in connection with the duties of
such person.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 314, as added Pub. L. 100-
456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
2080; renumbered title I, Pub. L. 102-486, title IX, Sec.
902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-End-
-CITE-
42 USC Sec. 2286d 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD
-HEAD-
Sec. 2286d. Board recommendations
-STATUTE-
(a) Public availability and comment
Subject to subsections (g) and (h) of this section and after
receipt by the Secretary of Energy of any recommendations from the
Board under section 2286a of this title, the Board promptly shall
make such recommendations available to the public in the Department
of Energy's regional public reading rooms and shall publish in the
Federal Register such recommendations and a request for the
submission to the Board of public comments on such recommendations.
Interested persons shall have 30 days after the date of the
publication of such notice in which to submit comments, data,
views, or arguments to the Board concerning the recommendations.
(b) Response by Secretary
(1) The Secretary of Energy shall transmit to the Board, in
writing, a statement on whether the Secretary accepts or rejects,
in whole or in part, the recommendations submitted to him by the
Board under section 2286a of this title, a description of the
actions to be taken in response to the recommendations, and his
views on such recommendations. The Secretary of Energy shall
transmit his response to the Board within 45 days after the date of
the publication, under subsection (a) of this section, of the
notice with respect to such recommendations or within such
additional period, not to exceed 45 days, as the Board may grant.
(2) At the same time as the Secretary of Energy transmits his
response to the Board under paragraph (1), the Secretary, subject
to subsection (h) of this section, shall publish such response,
together with a request for public comment on his response, in the
Federal Register.
(3) Interested persons shall have 30 days after the date of the
publication of the Secretary of Energy's response in which to
submit comments, data, views, or arguments to the Board concerning
the Secretary's response.
(4) The Board may hold hearings for the purpose of obtaining
public comments on its recommendations and the Secretary of
Energy's response.
(c) Provision of information to Secretary
The Board shall furnish the Secretary of Energy with copies of
all comments, data, views, and arguments submitted to it under
subsection (a) or (b) of this section.
(d) Final decision
If the Secretary of Energy, in a response under subsection (b)(1)
of this section, rejects (in whole or part) any recommendation made
by the Board under section 2286a of this title, the Board shall
either reaffirm its original recommendation or make a revised
recommendation and shall notify the Secretary of its action. Within
30 days after receiving the notice of the Board's action under this
subsection, the Secretary shall consider the Board's action and
make a final decision on whether to implement all or part of the
Board's recommendations. Subject to subsection (h) of this section,
the Secretary shall publish the final decision and the reasoning
for such decision in the Federal Register and shall transmit to the
Committees on Armed Services and on Appropriations of the Senate
and to the Speaker of the House of Representatives a written report
containing that decision and reasoning.
(e) Implementation plan
The Secretary of Energy shall prepare a plan for the
implementation of each Board recommendation, or part of a
recommendation, that is accepted by the Secretary in his final
decision. The Secretary shall transmit the implementation plan to
the Board within 90 days after the date of the publication of the
Secretary's final decision on such recommendation in the Federal
Register. The Secretary may have an additional 45 days to transmit
the plan if the Secretary submits to the Board and to the
Committees on Armed Services and on Appropriations of the Senate
and to the Speaker of the House of Representatives a notification
setting forth the reasons for the delay and describing the actions
the Secretary is taking to prepare an implementation plan under
this subsection. The Secretary may implement any such
recommendation (or part of any such recommendation) before, on, or
after the date on which the Secretary transmits the implementation
plan to the Board under this subsection.
(f) Implementation
(1) Subject to paragraph (2), not later than one year after the
date on which the Secretary of Energy transmits an implementation
plan with respect to a recommendation (or part thereof) under
subsection (e) of this section, the Secretary shall carry out and
complete the implementation plan. If complete implementation of the
plan takes more than 1 year, the Secretary of Energy shall submit a
report to the Committees on Armed Services and on Appropriations of
the Senate and to the Speaker of the House of Representatives
setting forth the reasons for the delay and when implementation
will be completed.
(2) If the Secretary of Energy determines that the implementation
of a Board recommendation (or part thereof) is impracticable
because of budgetary considerations, or that the implementation
would affect the Secretary's ability to meet the annual nuclear
weapons stockpile requirements established pursuant to section 2121
of this title, the Secretary shall submit to the President, to the
Committees on Armed Services and on Appropriations of the Senate,
and to the Speaker of the House of Representatives a report
containing the recommendation and the Secretary's determination.
(g) Imminent or severe threat
(1) In any case in which the Board determines that a
recommendation submitted to the Secretary of Energy under section
2286a of this title relates to an imminent or severe threat to
public health and safety, the Board and the Secretary of Energy
shall proceed under this subsection in lieu of subsections (a)
through (d) of this section.
(2) At the same time that the Board transmits a recommendation
relating to an imminent or severe threat to the Secretary of
Energy, the Board shall also transmit the recommendation to the
President and for information purposes to the Secretary of Defense.
The Secretary of Energy shall submit his recommendation to the
President. The President shall review the Secretary of Energy's
recommendation and shall make the decision concerning acceptance or
rejection of the Board's recommendation.
(3) After receipt by the President of the recommendation from the
Board under this subsection, the Board promptly shall make such
recommendation available to the public and shall transmit such
recommendation to the Committees on Armed Services and on
Appropriations of the Senate and to the Speaker of the House of
Representatives. The President shall promptly notify such
committees and the Speaker of his decision and the reasons for that
decision.
(h) Limitation
Notwithstanding any other provision of this section, the
requirements to make information available to the public under this
section -
(1) shall not apply in the case of information that is
classified; and
(2) shall be subject to the orders and regulations issued by
the Secretary of Energy under sections 2167 and 2168 of this
title to prohibit dissemination of certain information.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 315, as added Pub. L. 100-
456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
2080; renumbered title I, Pub. L. 102-486, title IX, Sec.
902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-End-
-CITE-
42 USC Sec. 2286e 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD
-HEAD-
Sec. 2286e. Reports
-STATUTE-
(a) Board report
(1) The Board shall submit to the Committees on Armed Services
and on Appropriations of the Senate and to the Speaker of the House
of Representatives each year, at the same time that the President
submits the budget to Congress pursuant to section 1105(a) of title
31, a written report concerning its activities under this
subchapter, including all recommendations made by the Board, during
the year preceding the year in which the report is submitted. The
Board may also issue periodic unclassified reports on matters
within the Board's responsibilities.
(2) The annual report under paragraph (1) shall include an
assessment of -
(A) the improvements in the safety of Department of Energy
defense nuclear facilities during the period covered by the
report;
(B) the improvements in the safety of Department of Energy
defense nuclear facilities resulting from actions taken by the
Board or taken on the basis of the activities of the Board; and
(C) the outstanding safety problems, if any, of Department of
Energy defense nuclear facilities.
(b) DOE report
The Secretary of Energy shall submit to the Committees on Armed
Services and on Appropriations of the Senate and to the Speaker of
the House of Representatives each year, at the same time that the
President submits the budget to Congress pursuant to section
1105(a) of title 31, a written report concerning the activities of
the Department of Energy under this subchapter during the year
preceding the year in which the report is submitted.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 316, as added Pub. L. 100-
456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
2082; renumbered title I, Pub. L. 102-486, title IX, Sec.
902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-MISC1-
REPORTING REQUIREMENTS
Section 1441(c), (d) of Pub. L. 100-456 provided that:
"(c) Requirements for First Annual Report. - (1) Before
submission of the first annual report by the Defense Nuclear
Facilities Safety Board under section 316(a) of the Atomic Energy
Act of 1954 [subsec. (a) of this section] (as added by subsection
(a)), the Board shall conduct a study on whether nuclear facilities
of the Department of Energy that are excluded from the definition
of 'Department of Energy defense nuclear facility' in section
318(1)(C) of such Act [section 2286g(1)(C) of this title]
(hereafter in this subsection referred to as 'non-defense nuclear
facilities') should be subject to independent external oversight.
The Board shall include in such first annual report the results of
such study and the recommendation of the Board on whether non-
defense nuclear facilities should be subject to independent
external oversight.
"(2) If the Board recommends in the report that non-defense
nuclear facilities should be subject to such oversight, the report
shall include a discussion of alternative mechanisms for
implementing such oversight, including mechanisms such as a
separate executive agency and oversight as a part of the Board's
responsibilities. The discussion of alternative mechanisms of
oversight also shall include considerations of budgetary costs,
protection of the security of sensitive nuclear weapons
information, and the similarities and differences in the design,
construction, operation, and decommissioning of defense and non-
defense nuclear facilities of the Department of Energy.
"(d) Requirements for Fifth Annual Report. - The fifth annual
report submitted by the Defense Nuclear Facilities Safety Board
under section 316(a) of the Atomic Energy Act of 1954 [subsec. (a)
of this section] (as added by subsection (a)) shall include -
"(1) an assessment of the degree to which the overall
administration of the Board's activities are believed to meet the
objectives of Congress in establishing the Board;
"(2) recommendations for continuation, termination, or
modification of the Board's functions and programs, including
recommendations for transition to some other independent
oversight arrangement if it is advisable; and
"(3) recommendations for appropriate transition requirements in
the event that modifications are recommended."
-End-
-CITE-
42 USC Sec. 2286f 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD
-HEAD-
Sec. 2286f. Judicial review
-STATUTE-
Chapter 7 of title 5 shall apply to the activities of the Board
under this subchapter.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 317, as added Pub. L. 100-
456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
2083; renumbered title I, Pub. L. 102-486, title IX, Sec.
902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-End-
-CITE-
42 USC Sec. 2286g 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD
-HEAD-
Sec. 2286g. "Department of Energy defense nuclear facility" defined
-STATUTE-
As used in this subchapter, the term "Department of Energy
defense nuclear facility" means any of the following:
(1) A production facility or utilization facility (as defined
in section 2014 of this title) that is under the control or
jurisdiction of the Secretary of Energy and that is operated for
national security purposes, but the term does not include -
(A) any facility or activity covered by Executive Order No.
12344, dated February 1, 1982, pertaining to the Naval nuclear
propulsion program;
(B) any facility or activity involved with the transportation
of nuclear explosives or nuclear material;
(C) any facility that does not conduct atomic energy defense
activities; or
(D) any facility owned by the United States Enrichment
Corporation.
(2) A nuclear waste storage facility under the control or
jurisdiction of the Secretary of Energy, but the term does not
include a facility developed pursuant to the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10101 et seq.) and licensed by the Nuclear
Regulatory Commission.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 318, as added Pub. L. 100-
456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
2083; amended Pub. L. 102-190, div. C, title XXXII, Sec.
3202(b)(1), Dec. 5, 1991, 105 Stat. 1582; renumbered title I and
amended Pub. L. 102-486, title IX, Sec. 902(a)(7), (8), Oct. 24,
1992, 106 Stat. 2944.)
-REFTEXT-
REFERENCES IN TEXT
Executive Order No. 12344, referred to in par. (1)(A), is set out
as a note under section 2511 of Title 50, War and National Defense.
The Nuclear Waste Policy Act of 1982, referred to in par. (2), is
Pub. L. 97-425, Jan. 7, 1983, 96 Stat. 2201, as amended, which is
classified generally to chapter 108 (Sec. 10101 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 10101 of this title and
Tables.
-MISC1-
AMENDMENTS
1992 - Par. (1)(D). Pub. L. 102-486, Sec. 902(a)(7), added
subpar. (D).
1991 - Par. (1)(B). Pub. L. 102-190 struck out "with the assembly
or testing of nuclear explosives or" after "involved".
REFERENCES TO UNITED STATES ENRICHMENT CORPORATION
References to the United States Enrichment Corporation deemed, as
of the privatization date (July 28, 1998), to be references to the
private corporation, see section 3116(e) of Pub. L. 104-134, set
out as a note under former section 2297 of this title.
-End-
-CITE-
42 USC Sec. 2286h 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD
-HEAD-
Sec. 2286h. Contract authority subject to appropriations
-STATUTE-
The authority of the Board to enter into contracts under this
subchapter is effective only to the extent that appropriations
(including transfers of appropriations) are provided in advance for
such purpose.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 319, as added Pub. L. 100-
456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
2083; renumbered title I, Pub. L. 102-486, title IX, Sec.
902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)
-End-
-CITE-
42 USC Sec. 2286h-1 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD
-HEAD-
Sec. 2286h-1. Transmittal of certain information to Congress
-STATUTE-
Whenever the Board submits or transmits to the President or the
Director of the Office of Management and Budget any legislative
recommendation, or any statement or information in preparation of a
report to be submitted to the Congress pursuant to section 2286e(a)
of this title, the Board shall submit at the same time a copy
thereof to the Congress.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 320, as added Pub. L. 103-
160, div. C, title XXXII, Sec. 3202(a)(2), Nov. 30, 1993, 107
Stat. 1959.)
-MISC1-
PRIOR PROVISIONS
A prior section 320 of act Aug. 1, 1946, was renumbered section
321 and is classified to section 2286i of this title.
-End-
-CITE-
42 USC Sec. 2286i 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD
-HEAD-
Sec. 2286i. Annual authorization of appropriations
-STATUTE-
Authorizations of appropriations for the Board for fiscal years
beginning after fiscal year 1989 shall be provided annually in
authorization Acts.
-SOURCE-
(Aug. 1, 1946, ch. 724, title I, Sec. 321, formerly Sec. 320, as
added Pub. L. 100-456, div. A, title XIV, Sec. 1441(a)(1), Sept.
29, 1988, 102 Stat. 2084; renumbered title I, Pub. L. 102-486,
title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; renumbered
Sec. 321, Pub. L. 103-160, div. C, title XXXII, Sec. 3202(a)(1),
Nov. 30, 1993, 107 Stat. 1959.)
-End-
-CITE-
42 USC SUBCHAPTER XVIII - EURATOM COOPERATION 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVIII - EURATOM COOPERATION
-HEAD-
SUBCHAPTER XVIII - EURATOM COOPERATION
-End-
-CITE-
42 USC Sec. 2291 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVIII - EURATOM COOPERATION
-HEAD-
Sec. 2291. Definitions
-STATUTE-
As used in this subchapter -
(a) "The Community" means the European Atomic Energy Community
(EURATOM).
(b) The "Commission" means the Atomic Energy Commission, as
established by the Atomic Energy Act of 1954, as amended [42 U.S.C.
2011 et seq.].
(c) "Joint program" means the cooperative program established by
the Community and the United States and carried out in accordance
with the provisions of an agreement for cooperation entered into
pursuant to the provisions of section 2153 of this title, to bring
into operation in the territory of the members of the Community
powerplants using nuclear reactors of types selected by the
Commission and the Community, having as a goal a total installed
capacity of approximately one million kilowatts of electricity by
December 31, 1963, except that two reactors may be selected to be
in operation by December 31, 1965.
(d) All other terms used in this subchapter shall have the same
meaning as terms described in section 2014 of this title.
-SOURCE-
(Pub. L. 85-846, Sec. 2, Aug. 28, 1958, 72 Stat. 1084.)
-REFTEXT-
REFERENCES IN TEXT
Atomic Energy Act of 1954, as amended, referred to in subsec.
(b), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,
ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is classified
generally to this chapter (Sec. 2011 et seq.). For complete
classification of this Act to the Code, see Short Title note set
out under section 2011 of this title and Tables.
-COD-
CODIFICATION
Section was enacted as part of the EURATOM Cooperation Act of
1958 which comprises this subchapter, and not as part of the Atomic
Energy Act of 1954 which comprises this chapter.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2292 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVIII - EURATOM COOPERATION
-HEAD-
Sec. 2292. Authorization of appropriations for research and
development program; authority to enter into contracts; period of
contracts; equivalent amounts for research and development
program
-STATUTE-
There is authorized to be appropriated to the Commission, in
accordance with the provisions of section 2017(a)(2) of this title,
the sum of $3,000,000 as an initial authorization for fiscal year
1959 for use in a cooperative program of research and development
in connection with the types of reactors selected by the Commission
and the Community under the joint program. The Commission may enter
into contracts for such periods as it deems necessary, but in no
event to exceed five years, for the purpose of conducting the
research and development program authorized by this section:
Provided, That the Community authorizes an equivalent amount for
use in the cooperative program of research and development.
-SOURCE-
(Pub. L. 85-846, Sec. 3, Aug. 28, 1958, 72 Stat. 1084.)
-COD-
CODIFICATION
Section was enacted as part of the EURATOM Cooperation Act of
1958 which comprises this subchapter, and not as part of the Atomic
Energy Act of 1954 which comprises this chapter.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2293 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVIII - EURATOM COOPERATION
-HEAD-
Sec. 2293. Omitted
-COD-
CODIFICATION
Section, Pub. L. 85-846, Sec. 4, Aug. 28, 1958, 72 Stat. 1084;
Pub. L. 87-206, Sec. 18, Sept. 6, 1961, 75 Stat. 479, related to
guarantee contracts between the Atomic Energy Commission and
operators of reactors under the cooperation program which were to
extend no later than Dec. 31, 1975.
-End-
-CITE-
42 USC Sec. 2294 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVIII - EURATOM COOPERATION
-HEAD-
Sec. 2294. Authorization for sale or lease of uranium and
plutonium; amounts; lien for nonpayment; uranium enrichment
services
-STATUTE-
Pursuant to the provisions of section 2074 of this title, there
is hereby authorized for sale or lease to the Community -
an amount of contained uranium 235 which does not exceed that
necessary to support the fuel cycle of power reactors located
within the Community having a total installed capacity of thirty-
five thousand megawatts of electric energy, together with twenty-
five thousand kilograms of contained uranium 235 for other
purposes;
one thousand five hundred kilograms of plutonium; and
thirty kilograms of uranium 233;
in accordance with the provisions of an agreement or agreements for
cooperation between the Government of the United States and the
Community entered into pursuant to the provisions of section 2153
of this title: Provided, That the Government of the United States
obtains the equivalent of a first lien on any such material sold to
the Community for which payment is not made in full at the time of
transfer. The Commission may enter into contracts to provide, after
December 31, 1968, for the producing or enriching of all, or part
of, the above-mentioned contained uranium 235 pursuant to the
provisions of section 2201(v)(B) of this title in lieu of sale or
lease thereof.
-SOURCE-
(Pub. L. 85-846, Sec. 5, Aug. 28, 1958, 72 Stat. 1085; Pub. L. 87-
206, Sec. 19, Sept. 6, 1961, 75 Stat. 479; Pub. L. 88-394, Sec. 5,
Aug. 1, 1964, 78 Stat. 376; Pub. L. 90-190, Sec. 13, Dec. 14, 1967,
81 Stat. 578; Pub. L. 93-88, Aug. 14, 1973, 87 Stat. 296.)
-COD-
CODIFICATION
Section was enacted as part of the EURATOM Cooperation Act of
1958 which comprises this subchapter, and not as part of the Atomic
Energy Act of 1954 which comprises this chapter.
-MISC1-
AMENDMENTS
1973 - Pub. L. 93-88 substituted "an amount of contained uranium
235 which does not exceed that necessary to support the fuel cycle
of power reactors located within the Community having a total
installed capacity of thirty-five thousand megawatts of electric
energy, together with twenty-five thousand kilograms of contained
uranium for other purposes" for "two hundred fifteen thousand
kilograms of contained uranium 235".
1967 - Pub. L. 90-190 increased from seventy thousand to two
hundred fifteen thousand kilograms of contained uranium 235 and
from five hundred to one thousand five hundred kilograms of
plutonium respectively the amount of material authorized to be sold
or leased to the Community, and inserted provision authorizing the
Commission, after Dec. 31, 1968, to perform uranium enrichment
services for the Community, pursuant to the provisions of section
2201(v)(B) of this title, in lieu of the sale or lease of such
material.
1964 - Pub. L. 88-394 increased the amount of contained uranium
235 from thirty thousand kilograms to seventy thousand kilograms,
and plutonium, from nine kilograms to five hundred kilograms.
1961 - Pub. L. 87-206 substituted "Nine kilograms" for "One
kilogram" of plutonium and inserted item reading "Thirty kilograms
of uranium 233" and "or agreements".
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2295 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVIII - EURATOM COOPERATION
-HEAD-
Sec. 2295. Acquisition of nuclear materials
-STATUTE-
(a) Authorization; restriction of amounts of plutonium or uranium;
amount and use of plutonium authorized to be acquired
The Atomic Energy Commission is authorized to purchase or
otherwise acquire from the Community special nuclear material or
any interest therein from reactors constructed under the joint
program in accordance with the terms of an agreement for
cooperation entered into pursuant to the provisions of section 2153
of this title: Provided, That neither plutonium nor uranium 233 nor
any interest therein shall be acquired under this section in excess
of the total quantities authorized by law. The Commission is
authorized to acquire from the Community pursuant to this section
up to four thousand one hundred kilograms of plutonium for use only
for peaceful purposes.
(b) Terms and periods of contracts to acquire plutonium
Any contract made under the provisions of this section to acquire
plutonium or any interest therein may be at such prices and for
such period of time as the Commission may deem necessary: Provided,
That with respect to plutonium produced in any reactor constructed
under the joint program, no such contract shall be for a period
greater than ten years of operation of such reactors or December
31, 1973 (or December 31, 1975, for not more than two reactors
selected under section 2291(c) of this title, whichever is earlier:
And provided further, That no such contract shall provide for
compensation or the payment of a purchase price in excess of the
Commission's established price in effect at the time of delivery to
the Commission for such material as fuel in a nuclear reactor.
(c) Terms and periods of contracts to acquire uranium
Any contract made under the provisions of this section to acquire
uranium enriched in the isotope uranium 235 may be at such price
and for such period of time as the Commission may deem necessary:
Provided, That no such contract shall be for a period of time
extending beyond the terminal date of the agreement for cooperation
with the Community or provide for the acquisition of uranium
enriched in the isotope U-235 in excess of the quantities of such
material that have been distributed to the Community by the
Commission less the quantity consumed in the nuclear reactors
involved in the joint program: And provided further, That no such
contract shall provide for compensation or the payment of a
purchase price in excess of the Atomic Energy Commission's
established charges for such material in effect at the time
delivery is made to the Commission.
(d) Contracts for purchase of special nuclear materials
Any contract made under this section for the purchase of special
nuclear material or any interest therein may be made without regard
to the provisions of sections 1341, 1342, and 1349-1351 and
subchapter II of chapter 15 of title 31.
(e) Certification by Commission
Any contract made under this section may be made without regard
to section 5 of title 41, upon certification by the Commission that
such action is necessary in the interest of the common defense and
security, or upon a showing by the Commission that advertising is
not reasonably practicable.
-SOURCE-
(Pub. L. 85-846, Sec. 6, Aug. 28, 1958, 72 Stat. 1085.)
-COD-
CODIFICATION
In subsec. (d), "sections 1341, 1342, and 1349-1351 and
subchapter II of chapter 15 of title 31" substituted for "section
3679 of the Revised Statutes, as amended [31 U.S.C. 665]" on
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money and
Finance.
Section was enacted as part of the EURATOM Cooperation Act of
1958 which comprises this subchapter, and not as part of the Atomic
Energy Act of 1954 which comprises this chapter.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC Sec. 2296 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XVIII - EURATOM COOPERATION
-HEAD-
Sec. 2296. Nonliability of United States; indemnification
-STATUTE-
The Government of the United States of America shall not be
liable for any damages or third party liability arising out of or
resulting from the joint program: Provided, however, That nothing
in this section shall deprive any person of any rights under
section 2210 of this title: And provided further, That nothing in
this section shall apply to arrangements made by the Commission
under a research and development program authorized in section 2292
of this title. The Government of the United States shall take such
steps as may be necessary, including appropriate disclaimer or
indemnity arrangements, in order to carry out the provisions of
this section.
-SOURCE-
(Pub. L. 85-846, Sec. 7, Aug. 28, 1958, 72 Stat. 1086; Pub. L. 87-
206, Sec. 20, Sept. 6, 1961, 75 Stat. 479.)
-COD-
CODIFICATION
Section was enacted as part of the EURATOM Cooperation Act of
1958 which comprises this subchapter, and not as part of the Atomic
Energy Act of 1954 which comprises this chapter.
-MISC1-
AMENDMENTS
1961 - Pub. L. 87-206 inserted proviso making provisions of
section inapplicable to arrangements made by the Commission under a
research and development program authorized by section 2292 of this
title.
-TRANS-
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
-End-
-CITE-
42 USC SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM
REVITALIZATION 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
-HEAD-
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
-End-
-CITE-
42 USC Part A - Remedial Action at Active Processing
Sites 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
Part A - Remedial Action at Active Processing Sites
-HEAD-
PART A - REMEDIAL ACTION AT ACTIVE PROCESSING SITES
-End-
-CITE-
42 USC Sec. 2296a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
Part A - Remedial Action at Active Processing Sites
-HEAD-
Sec. 2296a. Remedial action program
-STATUTE-
(a) In general
Except as provided in subsection (b) of this section, the costs
of decontamination, decommissioning, reclamation, and other
remedial action at an active uranium or thorium processing site
shall be borne by persons licensed under section 2092 or 2111 of
this title for any activity at such site which results or has
resulted in the production of byproduct material.
(b) Reimbursement
(1) In general
The Secretary of Energy shall, subject to paragraph (2),
reimburse at least annually a licensee described in subsection
(a) of this section for such portion of the costs described in
such subsection as are -
(A) determined by the Secretary to be attributable to
byproduct material generated as an incident of sales to the
United States; and
(B) either -
(i) incurred by such licensee not later than December 31,
2007; or
(ii) incurred by a licensee after December 31, 2007, in
accordance with a plan for subsequent decontamination,
decommissioning, reclamation, and other remedial action
approved by the Secretary.
(2) Amount
(A) To individual active site uranium licensees
The amount of reimbursement paid to any licensee under
paragraph (1) shall be determined by the Secretary in
accordance with regulations issued pursuant to section 2296a-1
of this title and, for uranium mill tailings only, shall not
exceed an amount equal to $6.25 multiplied by the dry short
tons of byproduct material located on October 24, 1992, at the
site of the activities of such licensee described in subsection
(a) of this section, and generated as an incident of sales to
the United States.
(B) To all active site uranium licensees
Payments made under paragraph (1) to active site uranium
licensees shall not in the aggregate exceed $350,000,000.
(C) To thorium licensees
Payments made under paragraph (1) to the licensee of the
active thorium site shall not exceed $365,000,000, and may only
be made for off-site disposal. Such payments shall not exceed
the following amounts:
(i) $90,000,000 in fiscal year 2002.
(ii) $55,000,000 in fiscal year 2003.
(iii) $20,000,000 in fiscal year 2004.
(iv) $20,000,000 in fiscal year 2005.
(v) $20,000,000 in fiscal year 2006.
(vi) $20,000,000 in fiscal year 2007.
Any amounts authorized to be paid in a fiscal year under this
subparagraph that are not paid in that fiscal year may be paid in
subsequent fiscal years.
(D) Inflation escalation index
The amounts in subparagraphs (A), (B), and (C) of this
paragraph shall be increased annually based upon an inflation
index. The Secretary shall determine the appropriate index to
apply.
(E) Additional reimbursement
(i) Determination of excess
The Secretary shall determine as of December 31, 2008,
whether the amount authorized to be appropriated pursuant to
section 2296a-2 of this title, when considered with the $6.25
per dry short ton limit on reimbursement, exceeds the amount
reimbursable to the licensees under subsection (b)(2) of this
section.
(ii) In the event of excess
If the Secretary determines under clause (i) that there is
an excess, the Secretary may allow reimbursement in excess of
$6.25 per dry short ton on a prorated basis at such sites
where the costs reimbursable under subsection (b)(1) of this
section exceed the $6.25 per dry short ton limitation
described in paragraph (2) of such subsection.
(3) Byproduct location
Notwithstanding the requirement of paragraph (2)(A) that
byproduct material be located at the site on October 24, 1992,
byproduct material moved from the site of the Edgemont Mill to a
disposal site as the result of the decontamination,
decommissioning, reclamation, and other remedial action of such
mill shall be eligible for reimbursement to the extent eligible
under paragraph (1).
-SOURCE-
(Pub. L. 102-486, title X, Sec. 1001, Oct. 24, 1992, 106 Stat.
2946; Pub. L. 104-259, Sec. 3(a), Oct. 9, 1996, 110 Stat. 3173;
Pub. L. 105-388, Sec. 11(a), Nov. 13, 1998, 112 Stat. 3484; Pub. L.
106-317, Sec. 1, Oct. 19, 2000, 114 Stat. 1277; Pub. L. 107-222,
Sec. 1(a), Aug. 21, 2002, 116 Stat. 1336.)
-COD-
CODIFICATION
Section was enacted as part of the Energy Policy Act of 1992, and
not as part of the Atomic Energy Act of 1954 which comprises this
chapter.
-MISC1-
AMENDMENTS
2002 - Subsec. (b)(2)(C). Pub. L. 107-222 substituted
"$365,000,000" for "$140,000,000" and inserted at end "Such
payments shall not exceed the following amounts:
"(i) $90,000,000 in fiscal year 2002.
"(ii) $55,000,000 in fiscal year 2003.
"(iii) $20,000,000 in fiscal year 2004.
"(iv) $20,000,000 in fiscal year 2005.
"(v) $20,000,000 in fiscal year 2006.
"(vi) $20,000,000 in fiscal year 2007.
Any amounts authorized to be paid in a fiscal year under this
subparagraph that are not paid in that fiscal year may be paid in
subsequent fiscal years."
2000 - Subsec. (b)(1)(B)(i). Pub. L. 106-317, Sec. 1(1),
substituted "2007" for "2002".
Subsec. (b)(1)(B)(ii). Pub. L. 106-317, Sec. 1(2), substituted
"incurred by a licensee after December 31, 2007," for "placed in
escrow not later than December 31, 2002,".
Subsec. (b)(2)(E)(i). Pub. L. 106-317, Sec. 1(3), substituted
"December 31, 2008" for "July 31, 2005".
1998 - Subsec. (b)(2)(C). Pub. L. 105-388 substituted
"$140,000,000" for "$65,000,000".
1996 - Subsec. (b)(2)(A). Pub. L. 104-259, Sec. 3(a)(1),
substituted "$6.25" for "$5.50".
Subsec. (b)(2)(B). Pub. L. 104-259, Sec. 3(a)(2), substituted
"$350,000,000" for "$270,000,000".
Subsec. (b)(2)(C). Pub. L. 104-259, Sec. 3(a)(3), substituted
"$65,000,000" for "$40,000,000".
Subsec. (b)(2)(E). Pub. L. 104-259, Sec. 3(a)(4), (5),
substituted "$6.25" for "$5.50" wherever appearing.
-End-
-CITE-
42 USC Sec. 2296a-1 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
Part A - Remedial Action at Active Processing Sites
-HEAD-
Sec. 2296a-1. Regulations
-STATUTE-
Within 180 days of October 24, 1992, the Secretary shall issue
regulations governing reimbursement under section 2296a of this
title. An active uranium or thorium processing site owner shall
apply for reimbursement hereunder by submitting a request for the
amount of reimbursement, together with reasonable documentation in
support thereof, to the Secretary. Any such request for
reimbursement, supported by reasonable documentation, shall be
approved by the Secretary and reimbursement therefor shall be made
in a timely manner subject only to the limitations of section 2296a
of this title.
-SOURCE-
(Pub. L. 102-486, title X, Sec. 1002, Oct. 24, 1992, 106 Stat.
2947.)
-COD-
CODIFICATION
Section was enacted as part of the Energy Policy Act of 1992, and
not as part of the Atomic Energy Act of 1954 which comprises this
chapter.
-End-
-CITE-
42 USC Sec. 2296a-2 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
Part A - Remedial Action at Active Processing Sites
-HEAD-
Sec. 2296a-2. Authorization of appropriations
-STATUTE-
(a) In general
There is authorized to be appropriated $715,000,000 to carry out
this part. The aggregate amount authorized in the preceding
sentence shall be increased annually as provided in section 2296a
of this title, based upon an inflation index to be determined by
the Secretary.
(b) Source
Funds described in subsection (a) of this section shall be
provided from the Fund established under section 2297g of this
title.
-SOURCE-
(Pub. L. 102-486, title X, Sec. 1003, Oct. 24, 1992, 106 Stat.
2947; Pub. L. 104-259, Sec. 3(b), Oct. 9, 1996, 110 Stat. 3174;
Pub. L. 105-388, Sec. 11(b), Nov. 13, 1998, 112 Stat. 3485; Pub. L.
107-222, Sec. 1(b), Aug. 21, 2002, 116 Stat. 1336.)
-COD-
CODIFICATION
Section was enacted as part of the Energy Policy Act of 1992, and
not as part of the Atomic Energy Act of 1954 which comprises this
chapter.
-MISC1-
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-222 substituted "$715,000,000"
for "$490,000,000".
1998 - Subsec. (a). Pub. L. 105-388 substituted "$490,000,000"
for "$415,000,000".
1996 - Subsec. (a). Pub. L. 104-259 substituted "$415,000,000"
for "$310,000,000".
-End-
-CITE-
42 USC Sec. 2296a-3 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
Part A - Remedial Action at Active Processing Sites
-HEAD-
Sec. 2296a-3. Definitions
-STATUTE-
For purposes of this part:
(1) The term "active uranium or thorium processing site" means -
(A) any uranium or thorium processing site, including the
mill, containing byproduct material for which a license (issued
by the Nuclear Regulatory Commission or its predecessor agency
under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.],
or by a State as permitted under section 274 of such Act (42
U.S.C. 2021)) for the production at such site of any uranium or
thorium derived from ore -
(i) was in effect on January 1, 1978;
(ii) was issued or renewed after January 1, 1978; or
(iii) for which an application for renewal or issuance was
pending on, or after January 1, 1978; and
(B) any other real property or improvement on such real
property that is determined by the Secretary or by a State as
permitted under section 274 of the Atomic Energy Act of 1954
(42 U.S.C. 2021) to be -
(i) in the vicinity of such site; and
(ii) contaminated with residual byproduct material;
(2) The term "byproduct material" has the meaning given such
term in section 11 e. (2) of the Atomic Energy Act of 1954,(!1)
(42 U.S.C. 2014(e)(2)); and
(3) The term "decontamination, decommissioning, reclamation,
and other remedial action" means work performed prior to or
subsequent to October 24, 1992, which is necessary to comply with
all applicable requirements of the Uranium Mill Tailings
Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.), or where
appropriate, with requirements established by a State that is a
party to a discontinuance agreement under section 274 of the
Atomic Energy Act of 1954 (42 U.S.C. 2021).
-SOURCE-
(Pub. L. 102-486, title X, Sec. 1004, Oct. 24, 1992, 106 Stat.
2947.)
-REFTEXT-
REFERENCES IN TEXT
The Atomic Energy Act of 1954, referred to in par. (1)(A), is act
Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,
Sec. 1, 68 Stat. 921, and amended, which is classified generally to
this chapter (Sec. 2011 et seq.). For complete classification of
this Act to the Code, see Short Title note set out under section
2011 of this title and Tables.
The Uranium Mill Tailings Radiation Control Act of 1978, referred
to in par. (3), is Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3021, as
amended, which is classified principally to chapter 88 (Sec. 7901
et seq.) of this title. For complete classification of this act to
the Code, see Short Title note set out under section 7901 of this
title and Tables.
-COD-
CODIFICATION
Section was enacted as part of the Energy Policy Act of 1992, and
not as part of the Atomic Energy Act of 1954 which comprises this
chapter.
-FOOTNOTE-
(!1) So in original. The comma probably should not appear.
-End-
-CITE-
42 USC Part B - Uranium Revitalization 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
Part B - Uranium Revitalization
-HEAD-
PART B - URANIUM REVITALIZATION
-End-
-CITE-
42 USC Sec. 2296b 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
Part B - Uranium Revitalization
-HEAD-
Sec. 2296b. Overfeed program
-STATUTE-
(a) Uranium purchases
To the maximum extent permitted by sound business practice, the
Corporation shall purchase uranium in accordance with subsection
(b) of this section and overfeed it into the enrichment process to
reduce the amount of power required to produce the enriched uranium
ordered by enrichment services customers, taking into account costs
associated with depleted tailings.
(b) Use of domestic uranium
Uranium purchased by the Corporation for purposes of this section
shall be of domestic origin and purchased from domestic uranium
producers to the extent permitted under the multilateral trade
agreements (as defined in section 3501(4) of title 19) and the
North American Free Trade Agreement.
-SOURCE-
(Pub. L. 102-486, title X, Sec. 1011, Oct. 24, 1992, 106 Stat.
2948; Pub. L. 106-36, title I, Sec. 1002(g)(1), June 25, 1999, 113
Stat. 133.)
-COD-
CODIFICATION
Section was enacted as part of the Energy Policy Act of 1992, and
not as part of the Atomic Energy Act of 1954 which comprises this
chapter.
-MISC1-
AMENDMENTS
1999 - Subsec. (b). Pub. L. 106-36 substituted "multilateral
trade agreements (as defined in section 3501(4) of title 19) and
the "North American Free Trade Agreement" for "General Agreement on
Tariffs and Trade and the United States-Canada Free Trade
Agreement".
-End-
-CITE-
42 USC Sec. 2296b-1 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
Part B - Uranium Revitalization
-HEAD-
Sec. 2296b-1. National Strategic Uranium Reserve
-STATUTE-
There is hereby established the National Strategic Uranium
Reserve under the direction and control of the Secretary. The
Reserve shall consist of natural uranium and uranium equivalents
contained in stockpiles or inventories currently held by the United
States for defense purposes. Effective on October 24, 1992, and for
6 years thereafter, use of the Reserve shall be restricted to
military purposes and government research. Use of the Department of
Energy's stockpile of enrichment tails existing on October 24,
1992, shall be restricted to military purposes for 6 years
thereafter.
-SOURCE-
(Pub. L. 102-486, title X, Sec. 1012, Oct. 24, 1992, 106 Stat.
2948.)
-COD-
CODIFICATION
Section was enacted as part of the Energy Policy Act of 1992, and
not as part of the Atomic Energy Act of 1954 which comprises this
chapter.
-End-
-CITE-
42 USC Sec. 2296b-2 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
Part B - Uranium Revitalization
-HEAD-
Sec. 2296b-2. Sale of remaining DOE inventories
-STATUTE-
The Secretary, after making the transfer required under section
2297c-6 (!1) of this title, may sell, from time to time, portions
of the remaining inventories of raw or low-enriched uranium of the
Department that are not necessary to national security needs, to
the Corporation, at a fair market price. Sales under this section
may be made only if such sales will not have a substantial adverse
impact on the domestic uranium mining industry. Proceeds from sales
under this subsection shall be deposited into the general fund of
the United States Treasury.
-SOURCE-
(Pub. L. 102-486, title X, Sec. 1013, Oct. 24, 1992, 106 Stat.
2949.)
-REFTEXT-
REFERENCES IN TEXT
Section 2297c-6 of this title, referred to in text, was repealed
by Pub. L. 104-134, title III, Sec. 3116(a)(1), Apr. 26, 1996, 110
Stat. 1321-349.
-COD-
CODIFICATION
Section was enacted as part of the Energy Policy Act of 1992, and
not as part of the Atomic Energy Act of 1954 which comprises this
chapter.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
42 USC Sec. 2296b-3 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
Part B - Uranium Revitalization
-HEAD-
Sec. 2296b-3. Responsibility for the industry
-STATUTE-
(a) Continuing Secretarial responsibility
The Secretary shall have a continuing responsibility for the
domestic uranium industry to encourage the use of domestic uranium.
The Secretary, in fulfilling this responsibility, shall not use any
supervisory authority over the Corporation. The Secretary shall
report annually to the appropriate committees of Congress on action
taken with respect to the domestic uranium industry, including
action to promote the export of domestic uranium pursuant to
subsection (b) of this section.
(b) Encourage export
The Department, with the cooperation of the Department of
Commerce, the United States Trade Representative and other
governmental organizations, shall encourage the export of domestic
uranium. Within 180 days after October 24, 1992, the Secretary
shall develop recommendations and implement government programs to
promote the export of domestic uranium.
-SOURCE-
(Pub. L. 102-486, title X, Sec. 1014, Oct. 24, 1992, 106 Stat.
2949.)
-COD-
CODIFICATION
Section was enacted as part of the Energy Policy Act of 1992, and
not as part of the Atomic Energy Act of 1954 which comprises this
chapter.
-End-
-CITE-
42 USC Sec. 2296b-4 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
Part B - Uranium Revitalization
-HEAD-
Sec. 2296b-4. Annual uranium purchase reports
-STATUTE-
(a) In general
By January 1 of each year, the owner or operator of any civilian
nuclear power reactor shall report to the Secretary, acting through
the Administrator of the Energy Information Administration, for
activities of the previous fiscal year -
(1) the country of origin and the seller of any uranium or
enriched uranium purchased or imported into the United States
either directly or indirectly by such owner or operator; and
(2) the country of origin and the seller of any enrichment
services purchased by such owner or operator.
(b) Congressional access
The information provided to the Secretary pursuant to this
section shall be made available to the Congress by March 1 of each
year.
-SOURCE-
(Pub. L. 102-486, title X, Sec. 1015, Oct. 24, 1992, 106 Stat.
2949.)
-COD-
CODIFICATION
Section was enacted as part of the Energy Policy Act of 1992, and
not as part of the Atomic Energy Act of 1954 which comprises this
chapter.
-End-
-CITE-
42 USC Sec. 2296b-5 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
Part B - Uranium Revitalization
-HEAD-
Sec. 2296b-5. Uranium inventory study
-STATUTE-
Within 1 year after October 24, 1992, the Secretary shall submit
to the Congress a study and report that includes -
(1) a comprehensive inventory of all Government owned uranium
or uranium equivalents, including natural uranium, depleted
tailings, low-enriched uranium, and highly enriched uranium
available for conversion to commercial use;
(2) a plan for the conversion of inventories of foreign and
domestic highly enriched uranium to low-enriched uranium for
commercial use;
(3) an estimation of the potential need of the United States
for inventories of highly enriched uranium;
(4) an analysis and summary of technological requirements and
costs associated with converting highly enriched uranium to low-
enriched uranium, including the construction of facilities if
necessary;
(5) an estimation of potential net proceeds from the conversion
and sale of highly enriched uranium;
(6) recommendations for implementing a plan to convert highly
enriched uranium to low-enriched uranium; and
(7) recommendations for the future use and disposition of such
inventories.
-SOURCE-
(Pub. L. 102-486, title X, Sec. 1016, Oct. 24, 1992, 106 Stat.
2949.)
-COD-
CODIFICATION
Section was enacted as part of the Energy Policy Act of 1992, and
not as part of the Atomic Energy Act of 1954 which comprises this
chapter.
-End-
-CITE-
42 USC Sec. 2296b-6 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
Part B - Uranium Revitalization
-HEAD-
Sec. 2296b-6. Regulatory treatment of uranium purchases
-STATUTE-
(a) Encouragement
The Secretary shall encourage States and utility regulatory
authorities to take into consideration the achievement of the
objectives and purposes of this part, including the national need
to avoid dependence on imports, when considering whether to allow
the owner or operator of any electric power plant to recover in its
rates and charges to customers any cost of purchase of domestic
uranium, enriched uranium, or enrichment services from a non-
affiliated seller greater than the cost of non-domestic uranium,
enriched uranium or enrichment services.
(b) Report
Within 1 year after October 24, 1992, and annually thereafter,
the Secretary shall report to the Congress on the progress of the
Secretary in encouraging actions by State regulatory authorities
pursuant to subsection (a) of this section. Such report shall
include detailed information on programs initiated by the Secretary
to encourage appropriate State regulatory action and
recommendations, if any, on further action that could be taken by
the Secretary, other Federal agencies, or the Congress in order to
further the purposes of this part.
(c) Savings provision
This section may not be construed to authorize the Secretary to
take any action in violation of the multilateral trade agreements
(as defined in section 3501(4) of title 19) or the North American
Free Trade Agreement.
-SOURCE-
(Pub. L. 102-486, title X, Sec. 1017, Oct. 24, 1992, 106 Stat.
2950; Pub. L. 106-36, title I, Sec. 1002(g)(2), June 25, 1999, 113
Stat. 133.)
-COD-
CODIFICATION
Section was enacted as part of the Energy Policy Act of 1992, and
not as part of the Atomic Energy Act of 1954 which comprises this
chapter.
-MISC1-
AMENDMENTS
1999 - Subsec. (c). Pub. L. 106-36 substituted "multilateral
trade agreements (as defined in section 3501(4) of title 19) or the
North American Free Trade Agreement" for "General Agreement on
Tariffs and Trade or the United States-Canada Free Trade
Agreement".
-End-
-CITE-
42 USC Sec. 2296b-7 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division A - Atomic Energy
SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
Part B - Uranium Revitalization
-HEAD-
Sec. 2296b-7. Definitions
-STATUTE-
For purposes of this part:
(1) The term "Corporation" means the United States Enrichment
Corporation established under section 2297b (!1) of this title or
its successor.
(2) The term "country of origin" means -
(A) with respect to uranium, that country where the uranium
was mined;
(B) with respect to enriched uranium, that country where the
uranium was mined and enriched; or
(C) with respect to enrichment services, that country where
the enrichment services were performed.
(3) The term "domestic origin" refers to any uranium that has
been mined in the United States including uranium recovered from
uranium deposits in the United States by underground mining, open-
pit mining, strip mining, in situ recovery, leaching, and ion
recovery, or recovered from phosphoric acid manufactured in the
United States.
(4) The term "domestic uranium producer" means a person or
entity who produces domestic uranium and who has, to the extent
required by State and Federal agencies having jurisdiction,
licenses and permits for the operation, decontamination,
decommissioning, and reclamation of sites, structures and
equipment.
(5) The term "non-affiliated" refers to a seller who does not
control, and is not controlled by or under common control with,
the buyer.
(6) The term "overfeed" means to use uranium in the enrichment
process in excess of the amount required at the transactional
tails assay.
(7) The term "utility regulatory authority" means any State
agency or Federal agency that has ratemaking authority with
respect to the sale of electric energy by any electric utility or
independent power producer. For purposes of this paragraph, the
terms "electric utility", "State agency", "Federal agency", and
"ratemaking authority" have the respective meanings given such
terms in section 2602 of title 16.
-SOURCE-
(Pub. L. 102-486, title X, Sec. 1018, Oct. 24, 1992, 106 Stat.
2950; Pub. L. 104-134, title III, Sec. 3117(b), Apr. 26, 1996, 110
Stat. 1321-350.)
-REFTEXT-
REFERENCES IN TEXT
Section 2297b of this title, referred to in par. (1), was
repealed by Pub. L. 104-134, title III, Sec. 3116(a)(1), Apr. 26,
1996, 110 Stat. 1321-349.
-COD-
CODIFICATION
Section was enacted as part of the Energy Policy Act of 1992, and
not as part of the Atomic Energy Act of 1954 which comprises this
chapter.
-MISC1-
AMENDMENTS
1996 - Par. (1). Pub. L. 104-134 inserted "or its successor"
before period at end.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
42 USC Division B - United States Enrichment Corporation 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
-HEAD-
DIVISION B - UNITED STATES ENRICHMENT CORPORATION
-End-
-CITE-
42 USC SUBCHAPTER I - GENERAL PROVISIONS 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
SUBCHAPTER I - GENERAL PROVISIONS
-End-
-CITE-
42 USC Secs. 2297, 2297a 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Secs. 2297, 2297a. Repealed. Pub. L. 104-134, title III, Sec.
3116(a)(1), Apr. 26, 1996, 110 Stat. 1321-349
-MISC1-
Section 2297, act Aug. 1, 1946, ch. 724, title II, Sec. 1201, as
added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106 Stat.
2923, defined terms for purposes of this division.
Section 2297a, act Aug. 1, 1946, ch. 724, title II, Sec. 1202, as
added Oct. 24, 1992, Pub. L. 102-486, title IX, Sec. 901, 106 Stat.
2924, related to purposes of United States Enrichment Corporation.
EFFECTIVE DATE OF REPEAL
Pub. L. 104-134, title III, Sec. 3116(a)(1), Apr. 26, 1996, 110
Stat. 1321-349, provided that: "Chapters 22 through 26 of the
Atomic Energy Act of 1954 (42 U.S.C. 2297-2297e-7) are repealed as
of the privatization date [July 28, 1998, see 42 U.S.C. 2297h(9)
for definition of privatization date as date on which 100 percent
of ownership of United States Enrichment Corporation has been
transferred to private investors]."
SEVERABILITY
Section 904 of title IX of Pub. L. 102-486 provided that: "If any
provision of this title [see Tables for classification], or the
amendments made by this title, or the application of any provision
to any entity, person, or circumstance, is for any reason adjudged
by a court of competent jurisdiction to be invalid, the remainder
of this title, and the amendments made by this title, or its
application shall not be affected."
REFERENCES TO UNITED STATES ENRICHMENT CORPORATION
Pub. L. 104-134, title III, Sec. 3116(e), Apr. 26, 1996, 110
Stat. 1321-350, provided that: "Following the privatization date
[July 28, 1998, see Effective Date of Repeal note above], all
references in the Atomic Energy Act of 1954 [42 U.S.C. 2011 et
seq.] to the United States Enrichment Corporation shall be deemed
to be references to the private corporation."
-End-
-CITE-
42 USC SUBCHAPTER II - ESTABLISHMENT, POWERS, AND
ORGANIZATION OF CORPORATION 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER II - ESTABLISHMENT, POWERS, AND ORGANIZATION OF
CORPORATION
-HEAD-
SUBCHAPTER II - ESTABLISHMENT, POWERS, AND ORGANIZATION OF
CORPORATION
-End-
-CITE-
42 USC Secs. 2297b to 2297b-15 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER II - ESTABLISHMENT, POWERS, AND ORGANIZATION OF
CORPORATION
-HEAD-
Secs. 2297b to 2297b-15. Repealed. Pub. L. 104-134, title III, Sec.
3116(a)(1), Apr. 26, 1996, 110 Stat. 1321-349
-MISC1-
Section 2297b, act Aug. 1, 1946, ch. 724, title II, Sec. 1301, as
added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106 Stat.
2925, related to establishment of United States Enrichment
Corporation.
Section 2297b-1, act Aug. 1, 1946, ch. 724, title II, Sec. 1302,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2925, related to offices of Corporation and service of
process.
Section 2297b-2, act Aug. 1, 1946, ch. 724, title II, Sec. 1303,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2925, related to powers of Corporation.
Section 2297b-3, act Aug. 1, 1946, ch. 724, title II, Sec. 1304,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2926, related to Board of Directors of Corporation.
Section 2297b-4, act Aug. 1, 1946, ch. 724, title II, Sec. 1305,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2927, related to employees of Corporation.
Section 2297b-5, act Aug. 1, 1946, ch. 724, title II, Sec. 1306,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2928, related to independent and Comptroller General audits
of Corporation's financial statements.
Section 2297b-6, act Aug. 1, 1946, ch. 724, title II, Sec. 1307,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2929, related to annual reports by Corporation to President
and Congress.
Section 2297b-7, act Aug. 1, 1946, ch. 724, title II, Sec. 1308,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2929, related to accounts and transfer of unexpended
balances.
Section 2297b-8, act Aug. 1, 1946, ch. 724, title II, Sec. 1309,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2930, related to bonds, notes, and other evidences of
indebtedness.
Section 2297b-9, act Aug. 1, 1946, ch. 724, title II, Sec. 1310,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2931, related to exemption from State and local taxes and
payments in lieu of such taxes.
Section 2297b-10, act Aug. 1, 1946, ch. 724, title II, Sec. 1311,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2931, related to cooperation with other agencies.
Section 2297b-11, act Aug. 1, 1946, ch. 724, title II, Sec. 1312,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2932, related to applicability of certain Federal laws.
Section 2297b-12, act Aug. 1, 1946, ch. 724, title II, Sec. 1313,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2933, related to security of Corporation facilities,
equipment, etc.
Section 2297b-13, act Aug. 1, 1946, ch. 724, title II, Sec. 1314,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2933, related to control of information.
Section 2297b-14, act Aug. 1, 1946, ch. 724, title II, Sec. 1315,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2933, related to governance of Corporation during transition
period prior to appointment of Board.
Section 2297b-15, act Aug. 1, 1946, ch. 724, title II, Sec. 1316,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2934, related to establishment of Working Capital Account.
EFFECTIVE DATE OF REPEAL
Repeal effective as of date on which 100 percent of ownership of
United States Enrichment Corporation has been transferred to
private investors (July 28, 1998), see section 3116(a)(1) of Pub.
L. 104-134, set out as a note under former section 2297 of this
title.
-End-
-CITE-
42 USC SUBCHAPTER III - RIGHTS, PRIVILEGES, AND ASSETS OF
CORPORATION 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER III - RIGHTS, PRIVILEGES, AND ASSETS OF CORPORATION
-HEAD-
SUBCHAPTER III - RIGHTS, PRIVILEGES, AND ASSETS OF CORPORATION
-End-
-CITE-
42 USC Secs. 2297c to 2297c-7 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER III - RIGHTS, PRIVILEGES, AND ASSETS OF CORPORATION
-HEAD-
Secs. 2297c to 2297c-7. Repealed. Pub. L. 104-134, title III, Sec.
3116(a)(1), Apr. 26, 1996, 110 Stat. 1321-349
-MISC1-
Section 2297c, act Aug. 1, 1946, ch. 724, title II, Sec. 1401, as
added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106 Stat.
2934; amended Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29,
1992, 106 Stat. 4516, related to marketing and contracting
authority of United States Enrichment Corporation.
Section 2297c-1, act Aug. 1, 1946, ch. 724, title II, Sec. 1402,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2934, related to Corporation pricing policy for Department of
Energy and other customers.
Section 2297c-2, act Aug. 1, 1946, ch. 724, title II, Sec. 1403,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2935, related to leasing of gaseous diffusion facilities of
Department of Energy.
Section 2297c-3, act Aug. 1, 1946, ch. 724, title II, Sec. 1404,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2935, related to capital structure of Corporation.
Section 2297c-4, act Aug. 1, 1946, ch. 724, title II, Sec. 1405,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2936, authorized Corporation to apply for licenses for use of
patented inventions and discoveries.
Section 2297c-5, act Aug. 1, 1946, ch. 724, title II, Sec. 1406,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2936, related to liability for acts committed before and
after transition date.
Section 2297c-6, act Aug. 1, 1946, ch. 724, title II, Sec. 1407,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2937, related to transfer of uranium inventories to
Corporation.
Section 2297c-7, act Aug. 1, 1946, ch. 724, title II, Sec. 1408,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2937, related to purchase of highly enriched uranium from
former Soviet Union.
EFFECTIVE DATE OF REPEAL
Repeal effective as of date on which 100 percent of ownership of
United States Enrichment Corporation has been transferred to
private investors (July 28, 1998), see section 3116(a)(1) of Pub.
L. 104-134, set out as a note under former section 2297 of this
title.
-End-
-CITE-
42 USC SUBCHAPTER IV - PRIVATIZATION OF CORPORATION 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER IV - PRIVATIZATION OF CORPORATION
-HEAD-
SUBCHAPTER IV - PRIVATIZATION OF CORPORATION
-End-
-CITE-
42 USC Secs. 2297d, 2297d-1 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER IV - PRIVATIZATION OF CORPORATION
-HEAD-
Secs. 2297d, 2297d-1. Repealed. Pub. L. 104-134, title III, Sec.
3116(a)(1), Apr. 26, 1996, 110 Stat. 1321-349
-MISC1-
Section 2297d, act Aug. 1, 1946, ch. 724, title II, Sec. 1501, as
added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106 Stat.
2937, related to strategic plan for privatization of United States
Enrichment Corporation.
Section 2297d-1, act Aug. 1, 1946, ch. 724, title II, Sec. 1502,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2938, related to implementation of privatization plan of
Corporation.
EFFECTIVE DATE OF REPEAL
Repeal effective as of date on which 100 percent of ownership of
United States Enrichment Corporation has been transferred to
private investors (July 28, 1998), see section 3116(a)(1) of Pub.
L. 104-134, set out as a note under former section 2297 of this
title.
-End-
-CITE-
42 USC SUBCHAPTER V - AVLIS AND ALTERNATIVE TECHNOLOGIES
FOR URANIUM ENRICHMENT 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER V - AVLIS AND ALTERNATIVE TECHNOLOGIES FOR URANIUM
ENRICHMENT
-HEAD-
SUBCHAPTER V - AVLIS AND ALTERNATIVE TECHNOLOGIES FOR URANIUM
ENRICHMENT
-End-
-CITE-
42 USC Secs. 2297e to 2297e-7 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER V - AVLIS AND ALTERNATIVE TECHNOLOGIES FOR URANIUM
ENRICHMENT
-HEAD-
Secs. 2297e to 2297e-7. Repealed. Pub. L. 104-134, title III, Sec.
3116(a)(1), Apr. 26, 1996, 110 Stat. 1321-349
-MISC1-
Section 2297e, act Aug. 1, 1946, ch. 724, title II, Sec. 1601, as
added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106 Stat.
2939, related to assessment by United States Enrichment Corporation
of viability of commercialization of AVLIS (atomic vapor laser
isotope separation technology) and alternative uranium enrichment
technologies.
Section 2297e-1, act Aug. 1, 1946, ch. 724, title II, Sec. 1602,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2939, related to transfer of rights and property to
Corporation.
Section 2297e-2, act Aug. 1, 1946, ch. 724, title II, Sec. 1603,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2940, related to predeployment activities by Corporation.
Section 2297e-3, act Aug. 1, 1946, ch. 724, title II, Sec. 1604,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2940; amended Pub. L. 102-572, title IX, Sec. 902(b)(2), Oct.
29, 1992, 106 Stat. 4516, related to Corporation sponsorship of
private for-profit corporation to construct AVLIS and alternative
technologies.
Section 2297e-4, act Aug. 1, 1946, ch. 724, title II, Sec. 1605,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2942, related to AVLIS Commercialization Fund within
Corporation.
Section 2297e-5, act Aug. 1, 1946, ch. 724, title II, Sec. 1606,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2942, related to Department research and development
assistance.
Section 2297e-6, act Aug. 1, 1946, ch. 724, title II, Sec. 1607,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2942, related to site selection.
Section 2297e-7, act Aug. 1, 1946, ch. 724, title II, Sec. 1608,
as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
Stat. 2942, related to exclusion from Price-Anderson coverage.
EFFECTIVE DATE OF REPEAL
Repeal effective as of date on which 100 percent of ownership of
United States Enrichment Corporation has been transferred to
private investors (July 28, 1998), see section 3116(a)(1) of Pub.
L. 104-134, set out as a note under former section 2297 of this
title.
-End-
-CITE-
42 USC SUBCHAPTER VI - LICENSING AND REGULATION OF
URANIUM ENRICHMENT FACILITIES 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VI - LICENSING AND REGULATION OF URANIUM ENRICHMENT
FACILITIES
-HEAD-
SUBCHAPTER VI - LICENSING AND REGULATION OF URANIUM ENRICHMENT
FACILITIES
-End-
-CITE-
42 USC Sec. 2297f 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VI - LICENSING AND REGULATION OF URANIUM ENRICHMENT
FACILITIES
-HEAD-
Sec. 2297f. Gaseous diffusion facilities
-STATUTE-
(a) Issuance of standards
Within 2 years after October 24, 1992, the Nuclear Regulatory
Commission shall establish by regulation such standards as are
necessary to govern the gaseous diffusion uranium enrichment
facilities of the Department in order to protect the public health
and safety from radiological hazard and provide for the common
defense and security. Regulations promulgated pursuant to this
subsection shall, among other things, require that adequate
safeguards (within the meaning of section 2167 of this title) are
in place.
(b) Annual report
(1) In general
Not later than the date on which a certificate of compliance is
issued under subsection (c) of this section, the Nuclear
Regulatory Commission, in consultation with the Department and
the Environmental Protection Agency, shall report to the Congress
on the status of health, safety, and environmental conditions at
the gaseous diffusion uranium enrichment facilities of the
Department.
(2) Required determination
Such report shall include a determination regarding whether the
gaseous diffusion uranium enrichment facilities of the Department
are in compliance with the standards established under subsection
(a) of this section and all applicable laws.
(c) Certification process
(1) Establishment
The Nuclear Regulatory Commission shall establish a
certification process to ensure that the Corporation complies
with standards established under subsection (a) of this section.
(2) Periodic application for certificate of compliance
The Corporation shall apply to the Nuclear Regulatory
Commission for a certificate of compliance under paragraph (1)
periodically, as determined by the Commission, but not less than
every 5 years. The Commission shall review any such application
and any determination made under subsection (b)(2) of this
section shall be based on the results of any such review.
(3) Treatment of certificate of compliance
The requirement for a certificate of compliance under paragraph
(1) shall be in lieu of any requirement for a license for any
gaseous diffusion facility of the Department leased by the
Corporation.
(4) NRC review
(A) In general
The Nuclear Regulatory Commission, in consultation with the
Environmental Protection Agency, shall review the operations of
the Corporation with respect to any gaseous diffusion uranium
enrichment facilities of the Department leased by the
Corporation to ensure that public health and safety are
adequately protected.
(B) Access to facilities and information
The Corporation and the Department shall cooperate fully with
the Nuclear Regulatory Commission and the Environmental
Protection Agency and shall provide the Nuclear Regulatory
Commission and the Environmental Protection Agency with the
ready access to the facilities, personnel, and information the
Nuclear Regulatory Commission and the Environmental Protection
Agency consider necessary to carry out their responsibilities
under this subsection. A contractor operating a Corporation
facility for the Corporation shall provide the Nuclear
Regulatory Commission and the Environmental Protection Agency
with ready access to the facilities, personnel, and information
of the contractor as the Nuclear Regulatory Commission and the
Environmental Protection Agency consider necessary to carry out
their responsibilities under this subsection.
(C) Limitation
The Nuclear Regulatory Commission shall limit its finding
under subsection (b)(2) of this section to a determination of
whether the facilities are in compliance with the standards
established under subsection (a) of this section.
(d) Requirement for operation
The gaseous diffusion uranium enrichment facilities of the
Department may not be operated by the Corporation unless the
Nuclear Regulatory Commission, in consultation with the
Environmental Protection Agency, makes a determination of
compliance under subsection (b) of this section or approves a plan
prepared by the Department for achieving compliance required under
subsection (b) of this section.
-SOURCE-
(Aug. 1, 1946, ch. 724, title II, Sec. 1701, as added Pub. L. 102-
486, title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2951; amended
Pub. L. 104-134, title III, Sec. 3116(b)(3), Apr. 26, 1996, 110
Stat. 1321-349; Pub. L. 105-362, title XII, Sec. 1202, Nov. 10,
1998, 112 Stat. 3292.)
-MISC1-
AMENDMENTS
1998 - Subsec. (b)(1). Pub. L. 105-362 substituted "Not later
than the date on which a certificate of compliance is issued under
subsection (c) of this section, the Nuclear" for "The Nuclear" and
struck out "at least annually" after "report".
1996 - Subsec. (c)(2). Pub. L. 104-134 amended heading and text
of par. (2) generally. Prior to amendment, text read as follows:
"The Corporation shall apply at least annually to the Nuclear
Regulatory Commission for a certificate of compliance under
paragraph (1). The Nuclear Regulatory Commission, in consultation
with the Environmental Protection Agency, shall review any such
application and any determination made under subsection (b)(2) of
this section shall be based on the results of any such review."
REFERENCES TO UNITED STATES ENRICHMENT CORPORATION
References to the Corporation, meaning the United States
Enrichment Corporation, deemed, as of the privatization date (July
28, 1998), to be references to the private corporation, see section
3116(e) of Pub. L. 104-134, set out as a note under former section
2297 of this title.
-End-
-CITE-
42 USC Sec. 2297f-1 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VI - LICENSING AND REGULATION OF URANIUM ENRICHMENT
FACILITIES
-HEAD-
Sec. 2297f-1. Licensing of other technologies
-STATUTE-
(a) In general
Corporation facilities using alternative technologies for uranium
enrichment, including AVLIS, shall be licensed under sections 2073,
2093, and 2243 of this title.
(b) Costs for decontamination and decommissioning
The Corporation shall provide for the costs of decontamination
and decommissioning of any Corporation facilities described in
subsection (a) of this section in accordance with the requirements
of the amendments made by section 5 of the Solar, Wind, Waste, and
Geothermal Power Production Act of 1990.
-SOURCE-
(Aug. 1, 1946, ch. 724, title II, Sec. 1702, as added Pub. L. 102-
486, title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2953; amended
Pub. L. 104-134, title III, Sec. 3116(b)(4), Apr. 26, 1996, 110
Stat. 1321-349.)
-REFTEXT-
REFERENCES IN TEXT
Section 5 of the Solar, Wind, Waste, and Geothermal Power
Production Act of 1990, referred to in subsec. (b), is section 5 of
Pub. L. 101-575, Nov. 15, 1990, 104 Stat. 2835, which enacted
section 2243 of this title and amended sections 2014, 2061, 2201,
and 2284 of this title.
-MISC1-
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-134 substituted "including" for
"other than" and "sections 2073, 2093, and 2243" for "sections 2073
and 2093".
REFERENCES TO UNITED STATES ENRICHMENT CORPORATION
References to the Corporation, meaning the United States
Enrichment Corporation, deemed, as of the privatization date (July
28, 1998), to be references to the private corporation, see section
3116(e) of Pub. L. 104-134, set out as a note under former section
2297 of this title.
-End-
-CITE-
42 USC Sec. 2297f-2 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VI - LICENSING AND REGULATION OF URANIUM ENRICHMENT
FACILITIES
-HEAD-
Sec. 2297f-2. Regulation of Restricted Data
-STATUTE-
The Corporation shall be subject to this chapter with respect to
the use of, or access to, Restricted Data to the same extent as any
private corporation.
-SOURCE-
(Aug. 1, 1946, ch. 724, title II, Sec. 1703, as added Pub. L. 102-
486, title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2953.)
-MISC1-
REFERENCES TO UNITED STATES ENRICHMENT CORPORATION
References to the Corporation, meaning the United States
Enrichment Corporation, deemed, as of the privatization date (July
28, 1998), to be references to the private corporation, see section
3116(e) of Pub. L. 104-134, set out as a note under former section
2297 of this title.
-End-
-CITE-
42 USC SUBCHAPTER VII - DECONTAMINATION AND
DECOMMISSIONING 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING
-HEAD-
SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING
-End-
-CITE-
42 USC Sec. 2297g 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING
-HEAD-
Sec. 2297g. Uranium Enrichment Decontamination and Decommissioning
Fund
-STATUTE-
(a) Establishment
There is established in the Treasury of the United States an
account to be known as the Uranium Enrichment Decontamination and
Decommissioning Fund (referred to in this subchapter as the
"Fund"). The Fund, and any amounts deposited in it, including any
interest earned thereon, shall be available to the Secretary
subject to appropriations for the exclusive purpose of carrying out
this subchapter.
(b) Administration
(1) In general
The Secretary of the Treasury shall hold the Fund and, after
consultation with the Secretary, annually report to the Congress
on the financial condition and operations of the Fund during the
preceding fiscal year.
(2) Investments
The Secretary of the Treasury shall invest amounts contained
within the Fund in obligations of the United States -
(A) having maturities determined by the Secretary of the
Treasury to be appropriate for what the Department determines
to be the needs of the Fund; and
(B) bearing interest at rates determined to be appropriate by
the Secretary of the Treasury, taking into consideration the
current average market yield on outstanding marketable
obligations of the United States with remaining periods to
maturity comparable to these obligations.
-SOURCE-
(Aug. 1, 1946, ch. 724, title II, Sec. 1801, as added Pub. L. 102-
486, title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2953.)
-End-
-CITE-
42 USC Sec. 2297g-1 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING
-HEAD-
Sec. 2297g-1. Deposits
-STATUTE-
(a) Amount
The Fund shall consist of deposits in the amount of $518,233,333
per fiscal year (to be annually adjusted for inflation beginning on
October 24, 1992, using the Consumer Price Index for all-urban
consumers published by the Department of Labor) as provided in this
section.
(b) Source
Deposits described in subsection (a) of this section shall be
from the following sources:
(1) Sums collected pursuant to subsection (c) of this section.
(2) Appropriations made pursuant to subsection (d) of this
section.
(c) Special assessment
The Secretary shall collect a special assessment from domestic
utilities. The total amount collected for a fiscal year shall not
exceed $150,000,000 (to be annually adjusted for inflation using
the Consumer Price Index for all-urban consumers published by the
Department of Labor). The amount collected from each utility
pursuant to this subsection for a fiscal year shall be in the same
ratio to the amount required under subsection (a) of this section
to be deposited for such fiscal year as the total amount of
separative work units such utility has purchased from the
Department of Energy for the purpose of commercial electricity
generation, before October 24, 1992, bears to the total amount of
separative work units purchased from the Department of Energy for
all purposes (including units purchased or produced for defense
purposes) before October 24, 1992. For purposes of this subsection -
(1) a utility shall be considered to have purchased a
separative work unit from the Department if such separative work
unit was produced by the Department, but purchased by the utility
from another source; and
(2) a utility shall not be considered to have purchased a
separative work unit from the Department if such separative work
unit was purchased by the utility, but sold to another source.
(d) Authorization of appropriations
There are authorized to be appropriated to the Fund, for the
period encompassing 15 years after October 24, 1992, such sums as
are necessary to ensure that the amount required under subsection
(a) of this section is deposited for each fiscal year.
(e) Termination of assessments
The collection of amounts under subsection (c) of this section
shall cease after the earlier of -
(1) 15 years after October 24, 1992; or
(2) the collection of $2,250,000,000 (to be annually adjusted
for inflation using the Consumer Price Index for all-urban
consumers published by the Department of Labor) under such
subsection.
(f) Continuation of deposits
Except as provided in subsection (e) of this section, deposits
shall continue to be made into the Fund under subsection (d) of
this section for the period specified in such subsection.
(g) Treatment of assessment
Any special assessment levied under this section on domestic
utilities for the decontamination and decommissioning of the
Department's gaseous diffusion enrichment facilities shall be
deemed a necessary and reasonable current cost of fuel and shall be
fully recoverable in rates in all jurisdictions in the same manner
as the utility's other fuel cost.
-SOURCE-
(Aug. 1, 1946, ch. 724, title II, Sec. 1802, as added Pub. L. 102-
486, title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2953; amended
Pub. L. 105-388, Sec. 11(c), Nov. 13, 1998, 112 Stat. 3485; Pub. L.
107-222, Sec. 1(c), Aug. 21, 2002, 116 Stat. 1336.)
-MISC1-
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-222 substituted "$518,233,333"
for "$488,333,333" and inserted "beginning on October 24, 1992,"
after "inflation".
1998 - Subsec. (a). Pub. L. 105-388 substituted "$488,333,333"
for "$480,000,000".
-End-
-CITE-
42 USC Sec. 2297g-2 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING
-HEAD-
Sec. 2297g-2. Department facilities
-STATUTE-
(a) Study by National Academy of Sciences
The National Academy of Sciences shall conduct a study and
provide recommendations for reducing costs associated with
decontamination and decommissioning, and shall report its findings
to the Congress within 3 years after October 24, 1992. Such report
shall include a determination of the decontamination and
decommissioning required for each facility, shall identify
alternative methods, using different technologies, shall include
site-specific surveys of the actual contamination, and shall
provide estimated costs of those activities.
(b) Payment of decontamination and decommissioning costs
The costs of all decontamination and decommissioning activities
of the Department shall be paid from the Fund until such time as
the Secretary certifies and the Congress concurs, by law, that such
activities are complete.
(c) Payment of remedial action costs
The annual cost of remedial action at the Department's gaseous
diffusion facilities shall be paid from the Fund to the extent the
amount available in the Fund is sufficient. To the extent the
amount in the Fund is insufficient, the Department shall be
responsible for the cost of remedial action. No provision of this
division may be construed to relieve in any way the responsibility
or liability of the Department for remedial action under applicable
Federal and State laws and regulations.
-SOURCE-
(Aug. 1, 1946, ch. 724, title II, Sec. 1803, as added Pub. L. 102-
486, title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2954.)
-End-
-CITE-
42 USC Sec. 2297g-3 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING
-HEAD-
Sec. 2297g-3. Employee provisions
-STATUTE-
All laborers and mechanics employed by contractors or
subcontractors in the performance of decontamination or
decommissioning of uranium enrichment facilities of the Department
shall be paid wages at rates not less than those prevailing on
projects of a similar character in the locality as determined by
the Secretary of Labor in accordance with sections 3141-3144, 3146,
and 3147 of title 40. The Secretary of Labor shall have, with
respect to the labor standards specified in this section, the
authority and functions set forth in Reorganization Plan Numbered
14 of 1950 (15 F.R. 3176, 64 Stat. 1267) and section 3145 of title
40. This section may not be construed to require the contracting
out of activities associated with the decontamination or
decommissioning of uranium enrichment facilities.
-SOURCE-
(Aug. 1, 1946, ch. 724, title II, Sec. 1804, as added Pub. L. 102-
486, title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2955.)
-REFTEXT-
REFERENCES IN TEXT
Reorganization Plan Numbered 14 of 1950, referred to in text, is
set out in the Appendix to Title 5, Government Organization and
Employees.
-COD-
CODIFICATION
In text, "sections 3141-3144, 3146, and 3147 of title 40"
substituted for "the Act of March 3, 1931 (known as the Davis-Bacon
Act) (40 U.S.C. 276a et seq.)" and "section 3145 of title 40"
substituted for "the Act of June 13, 1934 (40 U.S.C. 276c)", on
authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.
1303, the first section of which enacted Title 40, Public
Buildings, Property, and Works.
-End-
-CITE-
42 USC Sec. 2297g-4 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING
-HEAD-
Sec. 2297g-4. Reports to Congress
-STATUTE-
Within 3 years after October 24, 1992, and at least once every 3
years thereafter, the Secretary shall report to the Congress on
progress under this subchapter. The 5th report submitted under this
section shall contain recommendations of the Secretary for the
reauthorization of the program and Fund under this division.
-SOURCE-
(Aug. 1, 1946, ch. 724, title II, Sec. 1805, as added Pub. L. 102-
486, title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2955.)
-MISC1-
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which a report required under this section is listed in item 7 on
page 83), see section 3003 of Pub. L. 104-66, as amended, set out
as a note under section 1113 of Title 31, Money and Finance.
-End-
-CITE-
42 USC SUBCHAPTER VIII - UNITED STATES ENRICHMENT
CORPORATION PRIVATIZATION 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
-HEAD-
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION
PRIVATIZATION
-End-
-CITE-
42 USC Sec. 2297h 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
-HEAD-
Sec. 2297h. Definitions
-STATUTE-
For purposes of this subchapter:
(1) The term "AVLIS" means atomic vapor laser isotope
separation technology.
(2) The term "Corporation" means the United States Enrichment
Corporation and, unless the context otherwise requires, includes
the private corporation and any successor thereto following
privatization.
(3) The term "gaseous diffusion plants" means the Paducah
Gaseous Diffusion Plant at Paducah, Kentucky and the Portsmouth
Gaseous Diffusion Plant at Piketon, Ohio.
(4) The term "highly enriched uranium" means uranium enriched
to 20 percent or more of the uranium-235 isotope.
(5) The term "low-enriched uranium" means uranium enriched to
less than 20 percent of the uranium-235 isotope, including that
which is derived from highly enriched uranium.
(6) The term "low-level radioactive waste" has the meaning
given such term in section 2021b(9) of this title.
(7) The term "private corporation" means the corporation
established under section 2297h-3 of this title.
(8) The term "privatization" means the transfer of ownership of
the Corporation to private investors.
(9) The term "privatization date" means the date on which 100
percent of the ownership of the Corporation has been transferred
to private investors.
(10) The term "public offering" means an underwritten offering
to the public of the common stock of the private corporation
pursuant to section 2297h-2 of this title.
(11) The "Russian HEU Agreement" means the Agreement Between
the Government of the United States of America and the Government
of the Russian Federation Concerning the Disposition of Highly
Enriched Uranium Extracted from Nuclear Weapons, dated February
18, 1993.
(12) The term "Secretary" means the Secretary of Energy.
(13) The "Suspension Agreement" means the Agreement to Suspend
the Antidumping Investigation on Uranium from the Russian
Federation, as amended.
(14) The term "uranium enrichment" means the separation of
uranium of a given isotopic content into 2 components, 1 having a
higher percentage of a fissile isotope and 1 having a lower
percentage.
-SOURCE-
(Pub. L. 104-134, title III, Sec. 3102, Apr. 26, 1996, 110 Stat.
1321-335.)
-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in text, means subchapter A of
chapter 1 of title III of Pub. L. 104-134, Apr. 26, 1996, 110 Stat.
1321-335, known as the USEC Privatization Act, which is classified
principally to this subchapter. For complete classification of
subchapter A to the Code, see Short Title of 1996 Amendment note
set out under section 2011 of this title and Tables.
-COD-
CODIFICATION
Section was enacted as part of the USEC Privatization Act and
also as part of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, and not as part of the Atomic Energy
Act of 1954 which comprises this chapter.
-EXEC-
EX. ORD. NO. 13085. ESTABLISHMENT OF ENRICHMENT OVERSIGHT COMMITTEE
Ex. Ord. No. 13085, May 26, 1998, 63 F.R. 29335, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to
further the national security and other interests of the United
States with regard to uranium enrichment and related businesses
after the privatization of the United States Enrichment Corporation
(USEC), it is ordered as follows:
Section 1. Establishment. There is hereby established an
Enrichment Oversight Committee (EOC).
Sec. 2. Objectives. The EOC shall monitor and coordinate United
States Government efforts with respect to the privatized USEC and
any successor entities involved in uranium enrichment and related
businesses in furtherance of the following objectives:
(a) The full implementation of the Agreement Between the
Government of the United States of America and the Government of
the Russian Federation Concerning the Disposition of Highly
Enriched Uranium (HEU) Extracted from Nuclear Weapons, dated
February 18, 1993 ("HEU Agreement"), and related contracts and
agreements by the USEC as executive agent or by any other executive
agents;
(b) The application of statutory, regulatory, and contractual
restrictions on foreign ownership, control, or influence in the
USEC, any successor entities, and any other executive agents;
(c) The development and implementation of United States
Government policy regarding uranium enrichment and related
technologies, processes, and data; and
(d) The collection and dissemination of information relevant to
any of the foregoing on an ongoing basis, including from the
Central Intelligence Agency and the Federal Bureau of
Investigation.
Sec. 3. Organization. (a) The EOC shall be Chaired by a senior
official from the National Security Council (NSC). The Chair shall
coordinate the carrying out of the purposes and policy objectives
of this order. The EOC shall meet as often as appropriate, but at
least quarterly, and shall submit reports to the Assistant to the
President for National Security Affairs semiannually, or more
frequently as appropriate. The EOC shall prepare annually the
report for the President's transmittal to the Congress pursuant to
section 3112 of the USEC Privatization Act, Public Law 104-134,
title III, 3112(b)(10), 110 Stat. 1321-344, 1321-346 (1996) [42
U.S.C. 2297h-10(b)(10)].
(b) The EOC shall consist of representatives from the Departments
of State, the Treasury, Defense, Justice, Commerce, Energy, and the
Office of Management and Budget, the NSC, the National Economic
Council, the Council of Economic Advisers, and the Intelligence
Community. The EOC shall formulate internal guidelines for its
operations, including guidelines for convening meetings.
(c) The EOC shall coordinate sharing of information and provide
direction, while operational responsibilities resulting from the
EOC's oversight activities will rest with EOC member agencies.
(d) At the request of the EOC, appropriate agencies, including
the Department of Energy, shall provide day-to-day support for the
EOC.
Sec. 4. HEU Agreement Oversight. The EOC shall form an HEU
Agreement Oversight Subcommittee (the "Subcommittee") in order to
continue coordination of the implementation of the HEU Agreement
and related contracts and agreements, monitor actions taken by the
executive agent, and make recommendations regarding steps designed
to facilitate full implementation of the HEU Agreement, including
changes with respect to the executive agent. The Subcommittee shall
be chaired by a senior official from the NSC and shall include
representatives of the Departments of State, Defense, Justice,
Commerce, and Energy, and the Office of Management and Budget, the
National Economic Council, the Intelligence Community, and, as
appropriate, the United States Trade Representative, and the
Council of Economic Advisers. The Subcommittee shall meet as
appropriate to review the implementation of the HEU Agreement and
consider steps to facilitate full implementation of that Agreement.
In particular, the Subcommittee shall:
(a) have access to all information concerning implementation of
the HEU Agreement and related contracts and agreements;
(b) monitor negotiations between the executive agent or agents
and Russian authorities on implementation of the HEU Agreement,
including the proposals of both sides on delivery schedules and on
price;
(c) monitor sales of the natural uranium component of low-
enriched uranium derived from Russian HEU pursuant to applicable
law;
(d) establish procedures for designating alternative executive
agents to implement the HEU Agreement;
(e) coordinate policies and procedures regarding the full
implementation of the HEU purchase agreement and related contracts
and agreements, consistent with applicable law; and
(f) coordinate the position of the United States Government on
any issues that arise in the implementation of the Memorandum of
Agreement with the USEC for the USEC to serve as the United States
Government Executive Agent under the HEU Agreement.
Sec. 5. Foreign Ownership, Control, or Influence (FOCI). The EOC
shall collect information and monitor issues relating to foreign
ownership, control, or influence of the USEC or any successor
entities. Specifically, the EOC shall:
(a) monitor the application and enforcement of the FOCI
requirements of the National Industrial Security Program
established by Executive Order 12829 [50 U.S.C. 435 note] with
respect to the USEC and any successor entities (see National
Industrial Security Program Operating Manual, Department of Defense
2-3 (Oct. 1994));
(b) monitor and review reports and submissions relating to FOCI
issues made by the USEC or any successor entity to the Nuclear
Regulatory Commission (NRC) under the Atomic Energy Act of 1954, 42
U.S.C. 2011 et seq. (1994), and the USEC Privatization Act, Public
Law 104-134, title III, 110 Stat. 1321-335 et seq. (1996) [42
U.S.C. 2297h et seq.];
(c) ensure coordination with the Intelligence Community of the
collection and analysis of intelligence and ensure coordination of
intelligence with other information related to FOCI issues; and
(d) ensure coordination with the Committee on Foreign Investment
in the United States.
Sec. 6. Domestic Enrichment Services. The EOC shall collect and
analyze information related to the maintenance of domestic uranium
mining, enrichment, and conversion industries, provided that such
activities shall be undertaken in a manner that provides
appropriate protection for such information. In particular, the EOC
shall:
(a) collect and review all public filings made by or with respect
to the USEC or any successor entities with the Securities and
Exchange Commission;
(b) collect information from all available sources necessary for
the preparation of the annual report to the Congress required by
section 3112 of the USEC Privatization Act [42 U.S.C. 2297h-10], as
noted in section 3(a) of this order, including information relating
to plans by the USEC or any successor entities to expand or
contract materially the enrichment of uranium-using gaseous
diffusion technology;
(c) collect information relating to the development and
implementation of atomic vapor laser isotope separation technology;
(d) to the extent permitted by law, and as necessary to fulfill
the EOC's oversight functions, collect proprietary information from
the USEC, or any successor entities, provided that the collection
of such information shall be undertaken so as to minimize
disruption to the normal functioning of the private corporation.
For example, such information would include the USEC's financial
statements prepared in accordance with standards applicable to
public registrants and the executive summary of the USEC's
strategic plan as shared with its Board of Directors, as well as
timely information on its unit production costs, capacity
utilization rates, average pricing and sales for the current year
and for new contracts, employment levels, overseas activities, and
research and development initiatives. Such information shall be
collected on an annual basis, with quarterly updates as
appropriate; and
(e) coordinate with relevant agencies in monitoring the levels of
natural and enriched uranium and enrichment services imported into
the United States.
Sec. 7. Coordination with the Nuclear Regulatory Commission. Upon
notification by the NRC that it seeks the views of other agencies
of the executive branch regarding determinations necessary for the
issuance, reissuance, or renewal of a certificate of compliance or
license to the privatized USEC, the EOC shall convey the relevant
views of these other agencies of the executive branch, including
whether the applicant's performance as the United States agent for
the HEU Agreement is acceptable, on a schedule consistent with the
NRC's need for timely action on such regulatory decisions.
William J. Clinton.
-End-
-CITE-
42 USC Sec. 2297h-1 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
-HEAD-
Sec. 2297h-1. Sale of Corporation
-STATUTE-
(a) Authorization
The Board of Directors of the Corporation, with the approval of
the Secretary of the Treasury, shall transfer the interest of the
United States in the United States Enrichment Corporation to the
private sector in a manner that provides for the long-term
viability of the Corporation, provides for the continuation by the
Corporation of the operation of the Department of Energy's gaseous
diffusion plants, provides for the protection of the public
interest in maintaining a reliable and economical domestic source
of uranium mining, enrichment and conversion services, and, to the
extent not inconsistent with such purposes, secures the maximum
proceeds to the United States.
(b) Proceeds
Proceeds from the sale of the United States' interest in the
Corporation shall be deposited in the general fund of the Treasury.
-SOURCE-
(Pub. L. 104-134, title III, Sec. 3103, Apr. 26, 1996, 110 Stat.
1321-336.)
-COD-
CODIFICATION
Section was enacted as part of the USEC Privatization Act and
also as part of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, and not as part of the Atomic Energy
Act of 1954 which comprises this chapter.
-End-
-CITE-
42 USC Sec. 2297h-2 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
-HEAD-
Sec. 2297h-2. Method of sale
-STATUTE-
(a) Authorization
The Board of Directors of the Corporation, with the approval of
the Secretary of the Treasury, shall transfer ownership of the
assets and obligations of the Corporation to the private
corporation established under section 2297h-3 of this title (which
may be consummated through a merger or consolidation effected in
accordance with, and having the effects provided under, the law of
the State of incorporation of the private corporation, as if the
Corporation were incorporated thereunder).
(b) Board determination
The Board, with the approval of the Secretary of the Treasury,
shall select the method of transfer and establish terms and
conditions for the transfer that will provide the maximum proceeds
to the Treasury of the United States and will provide for the long-
term viability of the private corporation, the continued operation
of the gaseous diffusion plants, and the public interest in
maintaining reliable and economical domestic uranium mining and
enrichment industries.
(c) Adequate proceeds
The Secretary of the Treasury shall not allow the privatization
of the Corporation unless before the sale date the Secretary of the
Treasury determines that the method of transfer will provide the
maximum proceeds to the Treasury consistent with the principles set
forth in section 2297h-1(a) of this title.
(d) Application of securities laws
Any offering or sale of securities by the private corporation
shall be subject to the Securities Act of 1933 (15 U.S.C. 77a et
seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.),
and the provisions of the Constitution and laws of any State,
territory, or possession of the United States relating to
transactions in securities.
(e) Expenses
Expenses of privatization shall be paid from Corporation revenue
accounts in the United States Treasury.
-SOURCE-
(Pub. L. 104-134, title III, Sec. 3104, Apr. 26, 1996, 110 Stat.
1321-336.)
-REFTEXT-
REFERENCES IN TEXT
The Securities Act of 1933, referred to in subsec. (d), is act
May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is
classified generally to subchapter I (Sec. 77a et seq.) of chapter
2A of Title 15, Commerce and Trade. For complete classification of
this Act to the Code, see section 77a of Title 15 and Tables.
The Securities Exchange Act of 1934, referred to in subsec. (d),
is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is
classified principally to chapter 2B (Sec. 78a et seq.) of Title
15. For complete classification of this Act to the Code, see
section 78a of Title 15 and Tables.
-COD-
CODIFICATION
Section was enacted as part of the USEC Privatization Act and
also as part of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, and not as part of the Atomic Energy
Act of 1954 which comprises this chapter.
-End-
-CITE-
42 USC Sec. 2297h-3 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
-HEAD-
Sec. 2297h-3. Establishment of private corporation
-STATUTE-
(a) Incorporation
(1) The directors of the Corporation shall establish a private
for-profit corporation under the laws of a State for the purpose of
receiving the assets and obligations of the Corporation at
privatization and continuing the business operations of the
Corporation following privatization.
(2) The directors of the Corporation may serve as incorporators
of the private corporation and shall take all steps necessary to
establish the private corporation, including the filing of articles
of incorporation consistent with the provisions of this subchapter.
(3) Employees and officers of the Corporation (including members
of the Board of Directors) acting in accordance with this section
on behalf of the private corporation shall be deemed to be acting
in their official capacities as employees or officers of the
Corporation for purposes of section 205 of title 18.
(b) Status of private corporation
(1) The private corporation shall not be an agency,
instrumentality, or establishment of the United States, a
Government corporation, or a Government-controlled corporation.
(2) Except as otherwise provided by this subchapter, financial
obligations of the private corporation shall not be obligations of,
or guaranteed as to principal or interest by, the Corporation or
the United States, and the obligations shall so plainly state.
(3) No action under section 1491 of title 28 shall be allowable
against the United States based on actions of the private
corporation.
(c) Application of post-Government employment restrictions
Beginning on the privatization date, the restrictions stated in
section 207(a), (b), (c), and (d) of title 18 shall not apply to
the acts of an individual done in carrying out official duties as a
director, officer, or employee of the private corporation, if the
individual was an officer or employee of the Corporation (including
a director) continuously during the 45 days prior to the
privatization date.
(d) Dissolution
In the event that the privatization does not occur, the
Corporation will provide for the dissolution of the private
corporation within 1 year of the private corporation's
incorporation unless the Secretary of the Treasury or his delegate,
upon the Corporation's request, agrees to delay any such
dissolution for an additional year.
-SOURCE-
(Pub. L. 104-134, title III, Sec. 3105, Apr. 26, 1996, 110 Stat.
1321-337.)
-COD-
CODIFICATION
Section was enacted as part of the USEC Privatization Act and
also as part of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, and not as part of the Atomic Energy
Act of 1954 which comprises this chapter.
-End-
-CITE-
42 USC Sec. 2297h-4 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
-HEAD-
Sec. 2297h-4. Transfers to private corporation
-STATUTE-
Concurrent with privatization, the Corporation shall transfer to
the private corporation -
(1) the lease of the gaseous diffusion plants in accordance
with section 2297h-5 of this title,
(2) all personal property and inventories of the Corporation,
(3) all contracts, agreements, and leases under section 2297h-
6(a) of this title,
(4) the Corporation's right to purchase power from the
Secretary under section 2297h-6(b) of this title,
(5) such funds in accounts of the Corporation held by the
Treasury or on deposit with any bank or other financial
institution as approved by the Secretary of the Treasury, and
(6) all of the Corporation's records, including all of the
papers and other documentary materials, regardless of physical
form or characteristics, made or received by the Corporation.
-SOURCE-
(Pub. L. 104-134, title III, Sec. 3106, Apr. 26, 1996, 110 Stat.
1321-338.)
-COD-
CODIFICATION
Section was enacted as part of the USEC Privatization Act and
also as part of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, and not as part of the Atomic Energy
Act of 1954 which comprises this chapter.
-End-
-CITE-
42 USC Sec. 2297h-5 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
-HEAD-
Sec. 2297h-5. Leasing of gaseous diffusion facilities
-STATUTE-
(a) Transfer of lease
Concurrent with privatization, the Corporation shall transfer to
the private corporation the lease of the gaseous diffusion plants
and related property for the remainder of the term of such lease in
accordance with the terms of such lease.
(b) Renewal
The private corporation shall have the exclusive option to lease
the gaseous diffusion plants and related property for additional
periods following the expiration of the initial term of the lease.
(c) Exclusion of facilities for production of highly enriched
uranium
The Secretary shall not lease to the private corporation any
facilities necessary for the production of highly enriched uranium
but may, subject to the requirements of the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.), grant the Corporation access to such
facilities for purposes other than the production of highly
enriched uranium.
(d) DOE responsibility for preexisting conditions
The payment of any costs of decontamination and decommissioning,
response actions, or corrective actions with respect to conditions
existing before July 1, 1993, at the gaseous diffusion plants shall
remain the sole responsibility of the Secretary.
(e) Environmental audit
For purposes of subsection (d) of this section, the conditions
existing before July 1, 1993, at the gaseous diffusion plants shall
be determined from the environmental audit conducted pursuant to
section 1403(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2297c-
2(e)).
(f) Treatment under Price-Anderson provisions
Any lease executed between the Secretary and the Corporation or
the private corporation, and any extension or renewal thereof,
under this section shall be deemed to be a contract for purposes of
section 170d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)).
(g) Waiver of EIS requirement
The execution or transfer of the lease between the Secretary and
the Corporation or the private corporation, and any extension or
renewal thereof, shall not be considered to be a major Federal
action significantly affecting the quality of the human environment
for purposes of section 4332 of this title.
(h) Maintenance of security
(1) In general
With respect to the Paducah Gaseous Diffusion Plant, Kentucky,
and the Portsmouth Gaseous Diffusion Plant, Ohio, the guidelines
relating to the authority of the Department of Energy's
contractors (including any Federal agency, or private entity
operating a gaseous diffusion plant under a contract or lease
with the Department of Energy) and any subcontractor (at any
tier) to carry firearms and make arrests in providing security at
Federal installations, issued under section 2201(k) of this title
shall require, at a minimum, the presence of all security police
officers carrying sidearms at all times to ensure maintenance of
security at the gaseous diffusion plants (whether a gaseous
diffusion plant is operated directly by a Federal agency or by a
private entity under a contract or lease with a Federal agency).
(2) Funding
(A) The costs of arming and providing arrest authority to the
security police officers required under paragraph (1) shall be
paid as follows:
(i) the Department of Energy (the "Department") shall pay the
percentage of the costs equal to the percentage of the total
number of employees at the gaseous diffusion plant who are: (I)
employees of the Department or the contractor or subcontractors
of the Department; or (II) employees of the private entity
leasing the gaseous diffusion plant who perform work on behalf
of the Department (including employees of a contractor or
subcontractor of the private entity); and
(ii) the private entity leasing the gaseous diffusion plant
shall pay the percentage of the costs equal to the percentage
of the total number of employees at the gaseous diffusion plant
who are employees of the private entity (including employees of
a contractor or subcontractor) other than those employees who
perform work for the Department.
(B) Neither the private entity leasing the gaseous diffusion
plant nor the Department shall reduce its payments under any
contract or lease or take other action to offset its share of the
costs referred to in subparagraph (A), and the Department shall
not reimburse the private entity for the entity's share of these
costs.
(C) Nothing in this subsection shall alter the Department's
responsibilities to pay the safety, safeguards and security costs
associated with the Department's highly enriched uranium
activities.
-SOURCE-
(Pub. L. 104-134, title III, Sec. 3107, Apr. 26, 1996, 110 Stat.
1321-338; Pub. L. 105-62, title V, Sec. 511, Oct. 13, 1997, 111
Stat. 1341; Pub. L. 105-245, title III, Sec. 310, Oct. 7, 1998, 112
Stat. 1853.)
-REFTEXT-
REFERENCES IN TEXT
The Atomic Energy Act of 1954, referred to in subsec. (c), is act
Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,
Sec. 1, 68 Stat. 921, and amended, which is classified generally to
this chapter (Sec. 2011 et seq.). For complete classification of
this Act to the Code, see Short Title note set out under section
2011 of this title and Tables.
-COD-
CODIFICATION
Section was enacted as part of the USEC Privatization Act and
also as part of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, and not as part of the Atomic Energy
Act of 1954 which comprises this chapter.
-MISC1-
AMENDMENTS
1998 - Subsec. (h). Pub. L. 105-245 substituted "all security
police officers" for "an adequate number of security guards" in
par. (1) and added par. (2).
1997 - Subsec. (h). Pub. L. 105-62 added subsec. (h).
-End-
-CITE-
42 USC Sec. 2297h-6 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
-HEAD-
Sec. 2297h-6. Transfer of contracts
-STATUTE-
(a) Transfer of contracts
Concurrent with privatization, the Corporation shall transfer to
the private corporation all contracts, agreements, and leases,
including all uranium enrichment contracts, that were -
(1) transferred by the Secretary to the Corporation pursuant to
section 2297c(b) of this title, or
(2) entered into by the Corporation before the privatization
date.
(b) Nontransferable power contracts
The Corporation shall transfer to the private corporation the
right to purchase power from the Secretary under the power purchase
contracts for the gaseous diffusion plants executed by the
Secretary before July 1, 1993. The Secretary shall continue to
receive power for the gaseous diffusion plants under such contracts
and shall continue to resell such power to the private corporation
at cost during the term of such contracts.
(c) Effect of transfer
(1) Notwithstanding subsection (a) of this section, the United
States shall remain obligated to the parties to the contracts,
agreements, and leases transferred under subsection (a) of this
section for the performance of its obligations under such
contracts, agreements, or leases during their terms. Performance of
such obligations by the private corporation shall be considered
performance by the United States.
(2) If a contract, agreement, or lease transferred under
subsection (a) of this section is terminated, extended, or
materially amended after the privatization date -
(A) the private corporation shall be responsible for any
obligation arising under such contract, agreement, or lease after
any extension or material amendment, and
(B) the United States shall be responsible for any obligation
arising under the contract, agreement, or lease before the
termination, extension, or material amendment.
(3) The private corporation shall reimburse the United States for
any amount paid by the United States under a settlement agreement
entered into with the consent of the private corporation or under a
judgment, if the settlement or judgment -
(A) arises out of an obligation under a contract, agreement, or
lease transferred under subsection (a) of this section, and
(B) arises out of actions of the private corporation between
the privatization date and the date of a termination, extension,
or material amendment of such contract, agreement, or lease.
(d) Pricing
The Corporation may establish prices for its products, materials,
and services provided to customers on a basis that will allow it to
attain the normal business objectives of a profit making
corporation.
-SOURCE-
(Pub. L. 104-134, title III, Sec. 3108, Apr. 26, 1996, 110 Stat.
1321-339.)
-COD-
CODIFICATION
Section was enacted as part of the USEC Privatization Act and
also as part of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, and not as part of the Atomic Energy
Act of 1954 which comprises this chapter.
-End-
-CITE-
42 USC Sec. 2297h-7 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
-HEAD-
Sec. 2297h-7. Liabilities
-STATUTE-
(a) Liability of United States
(1) Except as otherwise provided in this subchapter, all
liabilities arising out of the operation of the uranium enrichment
enterprise before July 1, 1993, shall remain the direct liabilities
of the Secretary.
(2) Except as provided in subsection (a)(3) of this section or
otherwise provided in a memorandum of agreement entered into by the
Corporation and the Office of Management and Budget prior to the
privatization date, all liabilities arising out of the operation of
the Corporation between July 1, 1993, and the privatization date
shall remain the direct liabilities of the United States.
(3) All liabilities arising out of the disposal of depleted
uranium generated by the Corporation between July 1, 1993, and the
privatization date shall become the direct liabilities of the
Secretary.
(4) Any stated or implied consent for the United States, or any
agent or officer of the United States, to be sued by any person for
any legal, equitable, or other relief with respect to any claim
arising from any action taken by any agent or officer of the United
States in connection with the privatization of the Corporation is
hereby withdrawn.
(5) To the extent that any claim against the United States under
this section is of the type otherwise required by Federal statute
or regulation to be presented to a Federal agency or official for
adjudication or review, such claim shall be presented to the
Department of Energy in accordance with procedures to be
established by the Secretary. Nothing in this paragraph shall be
construed to impose on the Department of Energy liability to pay
any claim presented pursuant to this paragraph.
(6) The Attorney General shall represent the United States in any
action seeking to impose liability under this subsection.
(b) Liability of Corporation
Notwithstanding any provision of any agreement to which the
Corporation is a party, the Corporation shall not be considered in
breach, default, or violation of any agreement because of the
transfer of such agreement to the private corporation under section
2297h-6 of this title or any other action the Corporation is
required to take under this subchapter.
(c) Liability of private corporation
Except as provided in this subchapter, the private corporation
shall be liable for any liabilities arising out of its operations
after the privatization date.
(d) Liability of officers and directors
(1) No officer, director, employee, or agent of the Corporation
shall be liable in any civil proceeding to any party in connection
with any action taken in connection with the privatization if, with
respect to the subject matter of the action, suit, or proceeding,
such person was acting within the scope of his employment.
(2) This subsection shall not apply to claims arising under the
Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.), or under the
Constitution or laws of any State, territory, or possession of the
United States relating to transactions in securities.
-SOURCE-
(Pub. L. 104-134, title III, Sec. 3109, Apr. 26, 1996, 110 Stat.
1321-339.)
-REFTEXT-
REFERENCES IN TEXT
The Securities Act of 1933, referred to in subsec. (d)(2), is act
May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is
classified generally to subchapter I (Sec. 77a et seq.) of chapter
2A of Title 15, Commerce and Trade. For complete classification of
this Act to the Code, see section 77a of Title 15 and Tables.
The Securities Exchange Act of 1934, referred to in subsec.
(d)(2), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended,
which is classified principally to chapter 2B (Sec. 78a et seq.) of
Title 15. For complete classification of this Act to the Code, see
section 78a of Title 15 and Tables.
-COD-
CODIFICATION
Section was enacted as part of the USEC Privatization Act and
also as part of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, and not as part of the Atomic Energy
Act of 1954 which comprises this chapter.
-End-
-CITE-
42 USC Sec. 2297h-8 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
-HEAD-
Sec. 2297h-8. Employee protections
-STATUTE-
(a) Contractor employees
(1) Privatization shall not diminish the accrued, vested pension
benefits of employees of the Corporation's operating contractor at
the two gaseous diffusion plants.
(2) In the event that the private corporation terminates or
changes the contractor at either or both of the gaseous diffusion
plants, the plan sponsor or other appropriate fiduciary of the
pension plan covering employees of the prior operating contractor
shall arrange for the transfer of all plan assets and liabilities
relating to accrued pension benefits of such plan's participants
and beneficiaries from such plant to a pension plan sponsored by
the new contractor or the private corporation or a joint labor-
management plan, as the case may be.
(3) In addition to any obligations arising under the National
Labor Relations Act (29 U.S.C. 151 et seq.), any employer
(including the private corporation if it operates a gaseous
diffusion plant without a contractor or any contractor of the
private corporation) at a gaseous diffusion plant shall -
(A) abide by the terms of any unexpired collective bargaining
agreement covering employees in bargaining units at the plant and
in effect on the privatization date until the stated expiration
or termination date of the agreement; or
(B) in the event a collective bargaining agreement is not in
effect upon the privatization date, have the same bargaining
obligations under section 8(d) of the National Labor Relations
Act (29 U.S.C. 158(d)) as it had immediately before the
privatization date.
(4) If the private corporation replaces its operating contractor
at a gaseous diffusion plant, the new employer (including the new
contractor or the private corporation if it operates a gaseous
diffusion plant without a contractor) shall -
(A) offer employment to non-management employees of the
predecessor contractor to the extent that their jobs still exist
or they are qualified for new jobs, and
(B) abide by the terms of the predecessor contractor's
collective bargaining agreement until the agreement expires or a
new agreement is signed.
(5) In the event of a plant closing or mass layoff (as such terms
are defined in section 2101(a)(2) and (3) of title 29) at either of
the gaseous diffusion plants, the Secretary of Energy shall treat
any adversely affected employee of an operating contractor at
either plant who was an employee at such plant on July 1, 1993, as
a Department of Energy employee for purposes of sections 3161 and
3162 of the National Defense Authorization Act for Fiscal Year 1993
(42 U.S.C. 7274h-7274i).(!1)
(6)(A) The Secretary and the private corporation shall cause the
post-retirement health benefits plan provider (or its successor) to
continue to provide benefits for eligible persons, as described
under subparagraph (B), employed by an operating contractor at
either of the gaseous diffusion plants in an economically efficient
manner and at substantially the same level of coverage as eligible
retirees are entitled to receive on the privatization date.
(B) Persons eligible for coverage under subparagraph (A) shall be
limited to:
(i) persons who retired from active employment at one of the
gaseous diffusion plants on or before the privatization date as
vested participants in a pension plan maintained either by the
Corporation's operating contractor or by a contractor employed
prior to July 1, 1993, by the Department of Energy to operate a
gaseous diffusion plant; and
(ii) persons who are employed by the Corporation's operating
contractor on or before the privatization date and are vested
participants in a pension plan maintained either by the
Corporation's operating contractor or by a contractor employed
prior to July 1, 1993, by the Department of Energy to operate a
gaseous diffusion plant.
(C) The Secretary shall fund the entire cost of post-retirement
health benefits for persons who retired from employment with an
operating contractor prior to July 1, 1993.
(D) The Secretary and the Corporation shall fund the cost of post-
retirement health benefits for persons who retire from employment
with an operating contractor on or after July 1, 1993, in
proportion to the retired person's years and months of service at a
gaseous diffusion plant under their respective management.
(7)(A) Any suit under this subsection alleging a violation of an
agreement between an employer and a labor organization shall be
brought in accordance with section 185 (!1) of title 29.
(B) Any charge under this subsection alleging an unfair labor
practice violative of section 8 of the National Labor Relations Act
(29 U.S.C. 158) shall be pursued in accordance with section 10 of
the National Labor Relations Act (29 U.S.C. 160).
(C) Any suit alleging a violation of any provision of this
subsection, to the extent it does not allege a violation of the
National Labor Relations Act [29 U.S.C. 151 et seq.], may be
brought in any district court of the United States having
jurisdiction over the parties, without regard to the amount in
controversy or the citizenship of the parties.
(8) Continuity of benefits. - To the extent appropriations are
provided in advance for this purpose or are otherwise available,
not later than 30 days after August 8, 2005, the Secretary shall
implement such actions as are necessary to ensure that any employee
who -
(A) is involved in providing infrastructure or environmental
remediation services at the Portsmouth, Ohio, or the Paducah,
Kentucky, Gaseous Diffusion Plant;
(B) has been an employee of the Department of Energy's
predecessor management and integrating contractor (or its first
or second tier subcontractors), or of the Corporation, at the
Portsmouth, Ohio, or the Paducah, Kentucky, facility; and
(C) was eligible as of April 1, 2005, to participate in or
transfer into the Multiple Employer Pension Plan or the
associated multiple employer retiree health care benefit plans,
as defined in those plans,
shall continue to be eligible to participate in or transfer into
such pension or health care benefit plans.
(b) Former Federal employees
(1)(A) An employee of the Corporation that was subject to either
the Civil Service Retirement System (referred to in this section as
"CSRS") or the Federal Employees' Retirement System (referred to in
this section as "FERS") on the day immediately preceding the
privatization date shall elect -
(i) to retain the employee's coverage under either CSRS or
FERS, as applicable, in lieu of coverage by the Corporation's
retirement system, or
(ii) to receive a deferred annuity or lump-sum benefit payable
to a terminated employee under CSRS or FERS, as applicable.
(B) An employee that makes the election under subparagraph
(A)(ii) shall have the option to transfer the balance in the
employee's Thrift Savings Plan account to a defined contribution
plan under the Corporation's retirement system, consistent with
applicable law and the terms of the Corporation's defined
contribution plan.
(2) The Corporation shall pay to the Civil Service Retirement and
Disability Fund -
(A) such employee deductions and agency contributions as are
required by sections 8334, 8422, and 8423 of title 5 for those
employees who elect to retain their coverage under either CSRS or
FERS pursuant to paragraph (1);
(B) such additional agency contributions as are determined
necessary by the Office of Personnel Management to pay, in
combination with the sums under subparagraph (A), the "normal
cost" (determined using dynamic assumptions) of retirement
benefits for those employees who elect to retain their coverage
under CSRS pursuant to paragraph (1), with the concept of "normal
cost" being used consistent with generally accepted actuarial
standards and principles; and
(C) such additional amounts, not to exceed two percent of the
amounts under subparagraphs (A) and (B), as are determined
necessary by the Office of Personnel Management to pay the cost
of administering retirement benefits for employees who retire
from the Corporation after the privatization date under either
CSRS or FERS, for their survivors, and for survivors of employees
of the Corporation who die after the privatization date (which
amounts shall be available to the Office of Personnel Management
as provided in section 8348(a)(1)(B) of title 5).
(3) The Corporation shall pay to the Thrift Savings Fund such
employee and agency contributions as are required or authorized by
sections 8432 and 8351 of title 5 for employees who elect to retain
their coverage under CSRS or FERS pursuant to paragraph (1).
(4) Any employee of the Corporation who was subject to the
Federal Employee Health Benefits Program (referred to in this
section as "FEHBP") on the day immediately preceding the
privatization date and who elects to retain coverage under either
CSRS or FERS pursuant to paragraph (1) shall have the option to
receive health benefits from a health benefit plan established by
the Corporation or to continue without interruption coverage under
the FEHBP, in lieu of coverage by the Corporation's health benefit
system.
(5) The Corporation shall pay to the Employees Health Benefits
Fund -
(A) such employee deductions and agency contributions as are
required by section 8906(a)-(f) of title 5 for those employees
who elect to retain their coverage under FEHBP pursuant to
paragraph (4); and
(B) such amounts as are determined necessary by the Office of
Personnel Management under paragraph (6) to reimburse the Office
of Personnel Management for contributions under section
8906(g)(1) of title 5 for those employees who elect to retain
their coverage under FEHBP pursuant to paragraph (4).
(6) The amounts required under paragraph (5)(B) shall pay the
Government contributions for retired employees who retire from the
Corporation after the privatization date under either CSRS or FERS,
for survivors of such retired employees, and for survivors of
employees of the Corporation who die after the privatization date,
with said amounts prorated to reflect only that portion of the
total service of such employees and retired persons that was
performed for the Corporation after the privatization date.
-SOURCE-
(Pub. L. 104-134, title III, Sec. 3110, Apr. 26, 1996, 110 Stat.
1321-340; Pub. L. 104-206, title III, Sept. 30, 1996, 110 Stat.
2995; Pub. L. 109-58, title VI, Sec. 633, Aug. 8, 2005, 119 Stat.
790.)
-REFTEXT-
REFERENCES IN TEXT
The National Labor Relations Act, referred to in subsec. (a)(3),
(7)(C), is act July 5, 1935, ch. 372, 49 Stat. 449, as amended,
which is classified generally to subchapter II (Sec. 151 et seq.)
of chapter 7 of Title 29, Labor. For complete classification of
this Act to the Code, see section 167 of Title 29 and Tables.
Sections 3161 and 3162 of the National Defense Authorization Act
for Fiscal Year 1993, referred to in subsec. (a)(5), were
classified to sections 7274h and 7274i, respectively, of this title
and were renumbered sections 4604 and 4643, respectively, of Pub.
L. 107-314, the Bob Stump National Defense Authorization Act for
Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
3141(i)(5)(A)-(C), (14)(A)-(C), Nov. 24, 2003, 117 Stat. 1777,
1779, 1780, which are classified to sections 2704 and 2733,
respectively, of Title 50, War and National Defense.
Section 185 of title 29, referred to in subsec. (a)(7)(A), was in
the original "section 301 of the Labor Management Relations Act (29
U.S.C. 185)", and has been translated as reading section 301 of the
Labor Management Relations Act, 1947, to reflect the probable
intent of Congress.
-COD-
CODIFICATION
Section was enacted as part of the USEC Privatization Act and
also as part of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, and not as part of the Atomic Energy
Act of 1954 which comprises this chapter.
-MISC1-
AMENDMENTS
2005 - Subsec. (a)(8). Pub. L. 109-58 added par. (8).
1996 - Subsec. (b)(3). Pub. L. 104-206 which directed the
amendment of subsec. (b) by inserting par. (3), was executed to
reflect the probable intent of Congress by substituting par. (3)
for former par. (3) which read as follows: "The Corporation shall
pay to the Thrift Savings Fund such employee and agency
contributions as are required by section 8432 of title 5 for those
employees who elect to retain their coverage under FERS pursuant to
paragraph (1)."
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
42 USC Sec. 2297h-9 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
-HEAD-
Sec. 2297h-9. Ownership limitations
-STATUTE-
(a) Securities limitations
No director, officer, or employee of the Corporation may acquire
any securities, or any rights to acquire any securities of the
private corporation on terms more favorable than those offered to
the general public -
(1) in a public offering designed to transfer ownership of the
Corporation to private investors,
(2) pursuant to any agreement, arrangement, or understanding
entered into before the privatization date, or
(3) before the election of the directors of the private
corporation.
(b) Ownership limitation
Immediately following the consummation of the transaction or
series of transactions pursuant to which 100 percent of the
ownership of the Corporation is transferred to private investors,
and for a period of three years thereafter, no person may acquire,
directly or indirectly, beneficial ownership of securities
representing more than 10 percent of the total votes of all
outstanding voting securities of the Corporation. The foregoing
limitation shall not apply to -
(1) any employee stock ownership plan of the Corporation,
(2) members of the underwriting syndicate purchasing shares in
stabilization transactions in connection with the privatization,
or
(3) in the case of shares beneficially held in the ordinary
course of business for others, any commercial bank, broker-
dealer, or clearing agency.
-SOURCE-
(Pub. L. 104-134, title III, Sec. 3111, Apr. 26, 1996, 110 Stat.
1321-343.)
-COD-
CODIFICATION
Section was enacted as part of the USEC Privatization Act and
also as part of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, and not as part of the Atomic Energy
Act of 1954 which comprises this chapter.
-End-
-CITE-
42 USC Sec. 2297h-10 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
-HEAD-
Sec. 2297h-10. Uranium transfers and sales
-STATUTE-
(a) Transfers and sales by Secretary
The Secretary shall not provide enrichment services or transfer
or sell any uranium (including natural uranium concentrates,
natural uranium hexafluoride, or enriched uranium in any form) to
any person except as consistent with this section.
(b) Russian HEU
(1) On or before December 31, 1996, the United States Executive
Agent under the Russian HEU Agreement shall transfer to the
Secretary without charge title to an amount of uranium hexafluoride
equivalent to the natural uranium component of low-enriched uranium
derived from at least 18 metric tons of highly enriched uranium
purchased from the Russian Executive Agent under the Russian HEU
Agreement. The quantity of such uranium hexafluoride delivered to
the Secretary shall be based on a tails assay of 0.30 U 235 .
Uranium hexafluoride transferred to the Secretary pursuant to this
paragraph shall be deemed under United States law for all purposes
to be of Russian origin.
(2) Within 7 years of April 26, 1996, the Secretary shall sell,
and receive payment for, the uranium hexafluoride transferred to
the Secretary pursuant to paragraph (1). Such uranium hexafluoride
shall be sold -
(A) at any time for use in the United States for the purpose of
overfeeding;
(B) at any time for end use outside the United States;
(C) in 1995 and 1996 to the Russian Executive Agent at the
purchase price for use in matched sales pursuant to the
Suspension Agreement; or,(!1)
(D) in calendar year 2001 for consumption by end users in the
United States not prior to January 1, 2002, in volumes not to
exceed 3,000,000 pounds U3O8 equivalent per year.
(3) With respect to all enriched uranium delivered to the United
States Executive Agent under the Russian HEU Agreement on or after
January 1, 1997, the United States Executive Agent shall, upon
request of the Russian Executive Agent, enter into an agreement to
deliver concurrently to the Russian Executive Agent an amount of
uranium hexafluoride equivalent to the natural uranium component of
such uranium. An agreement executed pursuant to a request of the
Russian Executive Agent, as contemplated in this paragraph, may
pertain to any deliveries due during any period remaining under the
Russian HEU Agreement. The quantity of such uranium hexafluoride
delivered to the Russian Executive Agent shall be based on a tails
assay of 0.30 U 235 . Title to uranium hexafluoride delivered to
the Russian Executive Agent pursuant to this paragraph shall
transfer to the Russian Executive Agent upon delivery of such
material to the Russian Executive Agent, with such delivery to take
place at a North American facility designated by the Russian
Executive Agent. Uranium hexafluoride delivered to the Russian
Executive Agent pursuant to this paragraph shall be deemed under
U.S. law for all purposes to be of Russian origin. Such uranium
hexafluoride may be sold to any person or entity for delivery and
use in the United States only as permitted in subsections (b)(5),
(b)(6) and (b)(7) of this section.
(4) In the event that the Russian Executive Agent does not
exercise its right to enter into an agreement to take delivery of
the natural uranium component of any low-enriched uranium, as
contemplated in paragraph (3), within 90 days of the date such low-
enriched uranium is delivered to the United States Executive
Agent, or upon request of the Russian Executive Agent, then the
United States Executive Agent shall engage an independent entity
through a competitive selection process to auction an amount of
uranium hexafluoride or U3O8 (in the event that the
conversion component of such hexafluoride has previously been sold)
equivalent to the natural uranium component of such low-enriched
uranium. An agreement executed pursuant to a request of the Russian
Executive Agent, as contemplated in this paragraph, may pertain to
any deliveries due during any period remaining under the Russian
HEU Agreement. Such independent entity shall sell such uranium
hexafluoride in one or more lots to any person or entity to
maximize the proceeds from such sales, for disposition consistent
with the limitations set forth in this subsection. The independent
entity shall pay to the Russian Executive Agent the proceeds of any
such auction less all reasonable transaction and other
administrative costs. The quantity of such uranium hexafluoride
auctioned shall be based on a tails assay of 0.30 U 235 . Title to
uranium hexafluoride auctioned pursuant to this paragraph shall
transfer to the buyer of such material upon delivery of such
material to the buyer. Uranium hexafluoride auctioned pursuant to
this paragraph shall be deemed under United States law for all
purposes to be of Russian origin.
(5) Except as provided in paragraphs (6) and (7), uranium
hexafluoride delivered to the Russian Executive Agent under
paragraph (3) or auctioned pursuant to paragraph (4), may not be
delivered for consumption by end users in the United States either
directly or indirectly prior to January 1, 1998, and thereafter
only in accordance with the following schedule:
ANNUAL MAXIMUM DELIVERIES TO END USERS
--------------------------------------------------------------------
2(millions lbs.
U3O8
equivalent)
--------------------------------------------------------------------
Year:
1998 2
1999 4
2000 6
2001 8
2002 10
2003 12
2004 14
2005 16
2006 17
2007 18
2008 19
2009 and each year thereafter 20.
--------------------------------------------------------------------
(6) Uranium hexafluoride delivered to the Russian Executive Agent
under paragraph (3) or auctioned pursuant to paragraph (4) may be
sold at any time as Russian-origin natural uranium in a matched
sale pursuant to the Suspension Agreement, and in such case shall
not be counted against the annual maximum deliveries set forth in
paragraph (5).
(7) Uranium hexafluoride delivered to the Russian Executive Agent
under paragraph (3) or auctioned pursuant to paragraph (4) may be
sold at any time for use in the United States for the purpose of
overfeeding in the operations of enrichment facilities.
(8) Nothing in this subsection (b) shall restrict the sale of the
conversion component of such uranium hexafluoride.
(9) The Secretary of Commerce shall have responsibility for the
administration and enforcement of the limitations set forth in this
subsection. The Secretary of Commerce may require any person to
provide any certifications, information, or take any action that
may be necessary to enforce these limitations. The United States
Customs Service shall maintain and provide any information required
by the Secretary of Commerce and shall take any action requested by
the Secretary of Commerce which is necessary for the administration
and enforcement of the uranium delivery limitations set forth in
this section.
(10) The President shall monitor the actions of the United States
Executive Agent under the Russian HEU Agreement and shall report to
the Congress not later than December 31 of each year on the effect
the low-enriched uranium delivered under the Russian HEU Agreement
is having on the domestic uranium mining, conversion, and
enrichment industries, and the operation of the gaseous diffusion
plants. Such report shall include a description of actions taken or
proposed to be taken by the President to prevent or mitigate any
material adverse impact on such industries or any loss of
employment at the gaseous diffusion plants as a result of the
Russian HEU Agreement.
(c) Transfers to Corporation
(1) The Secretary shall transfer to the Corporation without
charge up to 50 metric tons of enriched uranium and up to 7,000
metric tons of natural uranium from the Department of Energy's
stockpile, subject to the restrictions in subsection (c)(2) of this
section.
(2) The Corporation shall not deliver for commercial end use in
the United States -
(A) any of the uranium transferred under this subsection before
January 1, 1998;
(B) more than 10 percent of the uranium (by uranium
hexafluoride equivalent content) transferred under this
subsection or more than 4,000,000 pounds, whichever is less, in
any calendar year after 1997; or
(C) more than 800,000 separative work units contained in low-
enriched uranium transferred under this subsection in any
calendar year.
(d) Inventory sales
(1) In addition to the transfers authorized under subsections (c)
and (e) of this section, the Secretary may, from time to time, sell
natural and low-enriched uranium (including low-enriched uranium
derived from highly enriched uranium) from the Department of
Energy's stockpile.
(2) Except as provided in subsections (b), (c), and (e) of this
section, no sale or transfer of natural or low-enriched uranium
shall be made unless -
(A) the President determines that the material is not necessary
for national security needs,
(B) the Secretary determines that the sale of the material will
not have an adverse material impact on the domestic uranium
mining, conversion, or enrichment industry, taking into account
the sales of uranium under the Russian HEU Agreement and the
Suspension Agreement, and
(C) the price paid to the Secretary will not be less than the
fair market value of the material.
(e) Government transfers
Notwithstanding subsection (d)(2) of this section, the Secretary
may transfer or sell enriched uranium -
(1) to a Federal agency if the material is transferred for the
use of the receiving agency without any resale or transfer to
another entity and the material does not meet commercial
specifications;
(2) to any person for national security purposes, as determined
by the Secretary; or
(3) to any State or local agency or nonprofit, charitable, or
educational institution for use other than the generation of
electricity for commercial use.
(f) Savings provision
Nothing in this subchapter shall be read to modify the terms of
the Russian HEU Agreement.
-SOURCE-
(Pub. L. 104-134, title III, Sec. 3112, Apr. 26, 1996, 110 Stat.
1321-344.)
-COD-
CODIFICATION
Section was enacted as part of the USEC Privatization Act and
also as part of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, and not as part of the Atomic Energy
Act of 1954 which comprises this chapter.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the United States Customs Service of the Department of the
Treasury, including functions of the Secretary of the Treasury
relating thereto, to the Secretary of Homeland Security, and for
treatment of related references, see sections 203(1), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as
modified, set out as a note under section 542 of Title 6.
-FOOTNOTE-
(!1) So in original.
-End-
-CITE-
42 USC Sec. 2297h-11 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
-HEAD-
Sec. 2297h-11. Low-level waste
-STATUTE-
(a) Responsibility of DOE
(1) The Secretary, at the request of the generator, shall accept
for disposal low-level radioactive waste, including depleted
uranium if it were ultimately determined to be low-level
radioactive waste, generated by -
(A) the Corporation as a result of the operations of the
gaseous diffusion plants or as a result of the treatment of such
wastes at a location other than the gaseous diffusion plants, or
(B) any person licensed by the Nuclear Regulatory Commission to
operate a uranium enrichment facility under sections 2073, 2093,
and 2243 of this title.
(2) Except as provided in paragraph (3), the generator shall
reimburse the Secretary for the disposal of low-level radioactive
waste pursuant to paragraph (1) in an amount equal to the
Secretary's costs, including a pro rata share of any capital costs,
but in no event more than an amount equal to that which would be
charged by commercial, State, regional, or interstate compact
entities for disposal of such waste.
(3) In the event depleted uranium were ultimately determined to
be low-level radioactive waste, the generator shall reimburse the
Secretary for the disposal of depleted uranium pursuant to
paragraph (1) in an amount equal to the Secretary's costs,
including a pro rata share of any capital costs.
(4) In the event that a licensee requests the Secretary to accept
for disposal depleted uranium pursuant to this subsection, the
Secretary shall be required to take title to and possession of such
depleted uranium at an existing DUF6 storage facility.
(b) Agreements with other persons
The generator may also enter into agreements for the disposal of
low-level radioactive waste subject to subsection (a) of this
section with any person other than the Secretary that is authorized
by applicable laws and regulations to dispose of such wastes.
(c) State or interstate compacts
Notwithstanding any other provision of law, no State or
interstate compact shall be liable for the treatment, storage, or
disposal of any low-level radioactive waste (including mixed waste)
attributable to the operation, decontamination, and decommissioning
of any uranium enrichment facility.
-SOURCE-
(Pub. L. 104-134, title III, Sec. 3113, Apr. 26, 1996, 110 Stat.
1321-347; Pub. L. 108-447, div. C, title III, Sec. 311, Dec. 8,
2004, 118 Stat. 2959.)
-COD-
CODIFICATION
Section was enacted as part of the USEC Privatization Act and
also as part of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, and not as part of the Atomic Energy
Act of 1954 which comprises this chapter.
-MISC1-
AMENDMENTS
2004 - Subsec. (a)(4). Pub. L. 108-447, Sec. 311, which directed
the addition of par. (4) to subsec. (a) of section 3113 of Public
Law 102-486 (42 U.S.C. 2297h-11), was executed by adding par. (4)
to subsec. (a) of this section, which is section 3113 of Pub. L.
104-134, to reflect the probable intent of Congress.
-End-
-CITE-
42 USC Sec. 2297h-12 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
-HEAD-
Sec. 2297h-12. AVLIS
-STATUTE-
(a) Exclusive right to commercialize
The Corporation shall have the exclusive commercial right to
deploy and use any AVLIS patents, processes, and technical
information owned or controlled by the Government, upon completion
of a royalty agreement with the Secretary.
(b) Transfer of related property to Corporation
(1) In general
To the extent requested by the Corporation and subject to the
requirements of the Atomic Energy Act of 1954 (42 U.S.C. 2011, et
seq.), the President shall transfer without charge to the
Corporation all of the right, title, or interest in and to
property owned by the United States under control or custody of
the Secretary that is directly related to and materially useful
in the performance of the Corporation's purposes regarding AVLIS
and alternative technologies for uranium enrichment, including -
(A) facilities, equipment, and materials for research,
development, and demonstration activities; and
(B) all other facilities, equipment, materials, processes,
patents, technical information of any kind, contracts,
agreements, and leases.
(2) Exception
Facilities, real estate, improvements, and equipment related to
the gaseous diffusion, and gas centrifuge, uranium enrichment
programs of the Secretary shall not transfer under paragraph
(1)(B).
(3) Expiration of transfer authority
The President's authority to transfer property under this
subsection shall expire upon the privatization date.
(c) Liability for patent and related claims
With respect to any right, title, or interest provided to the
Corporation under subsection (a) or (b) of this section, the
Corporation shall have sole liability for any payments made or
awards under section 157b.(3) of the Atomic Energy Act of 1954 (42
U.S.C. 2187(b)(3)), or any settlements or judgments involving
claims for alleged patent infringement. Any royalty agreement under
subsection (a) of this section shall provide for a reduction of
royalty payments to the Secretary to offset any payments, awards,
settlements, or judgments under this subsection.
-SOURCE-
(Pub. L. 104-134, title III, Sec. 3114, Apr. 26, 1996, 110 Stat.
1321-348.)
-REFTEXT-
REFERENCES IN TEXT
The Atomic Energy Act of 1954, referred to in subsec. (b)(1), is
act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,
Sec. 1, 68 Stat. 921, and amended, which is classified generally to
this chapter (Sec. 2011 et seq.). For complete classification of
this Act to the Code, see Short Title note set out under section
2011 of this title and Tables.
-COD-
CODIFICATION
Section was enacted as part of the USEC Privatization Act and
also as part of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, and not as part of the Atomic Energy
Act of 1954 which comprises this chapter.
-End-
-CITE-
42 USC Sec. 2297h-13 01/02/2006
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
Division B - United States Enrichment Corporation
SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION
-HEAD-
Sec. 2297h-13. Application of certain laws
-STATUTE-
(a) OSHA
(1) As of the privatization date, the private corporation shall
be subject to and comply with the Occupational Safety and Health
Act of 1970 (29 U.S.C. 651 et seq.).
(2) The Nuclear Regulatory Commission and the Occupational Safety
and Health Administration shall, within 90 days after April 26,
1996, enter into a memorandum of agreement to govern the exercise
of their authority over occupational safety and health hazards at
the gaseous diffusion plants, including inspection, investigation,
enforcement, and rulemaking relating to such hazards.
(b) Antitrust laws
For purposes of the antitrust laws, the performance by the
private corporation of a "matched import" contract under the
Suspension Agreement shall be considered to have occurred prior to
the privatization date, if at the time of privatization, such
contract had been agreed to by the parties in all material terms
and confirmed by the Secretary of Commerce under the Suspension
Agreement.
(c) Energy Reorganization Act requirements
(1) The private corporation and its contractors and
subcontractors shall be subject to the provisions of section 5851
of this title to the same extent as an employer subject to such
section.
(2) With respect to the operation of the facilities leased by the
private corporation, section 5846 of this title shall apply to the
directors and officers of the private corporation.
-SOURCE-
(Pub. L. 104-134, title III, Sec. 3115, Apr. 26, 1996, 110 Stat.
1321-348.)
-REFTEXT-
REFERENCES IN TEXT
The Occupational Safety and Health Act of 1970, referred to in
subsec. (a)(1), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as
amended, which is classified principally to chapter 15 (Sec. 651 et
seq.) of Title 29, Labor. For complete classification of this Act
to the Code, see Short Title note set out under section 651 of
Title 29 and Tables.
The antitrust laws, referred to in subsec. (b), are classified
generally to section 1 et seq. of Title 15, Commerce and Trade.
-COD-
CODIFICATION
Section was enacted as part of the USEC Privatization Act and
also as part of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996, and not as part of the Atomic Energy
Act of 1954 which comprises this chapter.
-End-