US (United States) Code. Title 42. Chapter 23: Development and control of atomic energy

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC Sec. 2188 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2187 of this title.

-End-

-CITE-

42 USC Sec. 2189 01/06/03

-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 01/06/03

-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 01/06/03

-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

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2305 of this title.

-End-

-CITE-

42 USC Sec. 2201 01/06/03

-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, and (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;

(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 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, any fee, charge, or price which it may require, in

accordance with the provisions of section 9701 of title 31 or any

other law, of applicants for, or holders of, such licenses or

certificates.

(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.)

-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. (w), "section 9701 of title 31" substituted for

"section 483a of title 31 of the United States Code" 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.

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

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.

-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.

Functions of Atomic Energy Commission administered through its

Division of Radiation Protection Standards, to extent that such

functions of Commission consisted of establishing generally

applicable environmental standards for the protection of the

general environment from radioactive material, transferred to

Administrator of Environmental Protection Agency by Reorg. Plan No.

3 of 1970, Sec. 2(a)(6), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat.

2086, set out in the Appendix to Title 5, Government Organization

and Employees.

-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.

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].

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021, 2093, 2167, 2168,

2203, 2273, 2281, 2286b, 2294, 2297h-5, 2325, 5812, 5816, 5849 of

this title; title 5 section 7533; title 22 section 3221; title 50

section 2441.

-FOOTNOTE-

(!1) So in original.

(!2) See References in Text note below.

(!3) See References in Text note below.

-End-

-CITE-

42 USC Sec. 2202 01/06/03

-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 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2241 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 2204 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 General

Accounting 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 General Accounting 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.)

-MISC1-

AMENDMENTS

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5876 of this title; title

15 section 2708.

-End-

-CITE-

42 USC Sec. 2207 01/06/03

-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 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2391 of this title.

-End-

-CITE-

42 USC Sec. 2209 01/06/03

-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 01/06/03

-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 $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: 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.

(c) Indemnification of licenses by Nuclear Regulatory Commission

The Commission shall, with respect to licenses issued between

August 30, 1954, and August 1, 2002, 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 August 1, 2002, the

requirements of this subsection shall apply to any license issued

for such facility subsequent to August 1, 2002.

(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, 2004, 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 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.

(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.

(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 $100,000,000.

(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 maximum amount of financial protection

required under subsection (b) of this section or the amount of

indemnity and financial protection that may be required under

paragraph (3) of subsection (d) of this section, whichever amount

is more; 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 $100,000,000, 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 August 1, 2002, 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 August 1, 2002, the requirements of this subsection

shall apply to any license issued for such facility subsequent to

August 1, 2002.

(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

August 1, 1998, 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

standard deferred premium under subsection (b)(1) of this section

not less than once during each 5-year period following August 20,

1988, in accordance with the aggregate percentage change in the

Consumer Price Index since -

(A) August 20, 1988, in the case of the first adjustment under

this subsection; or

(B) the previous adjustment under this subsection.

(2) 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.)

-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

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 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.

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See, also, notes set out

under those sections.

-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 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, 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 through fiscal year

2011, 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.

"(E) For fiscal year 2006, $47,000,000.

"(F) For fiscal year 2007, $29,000,000.

"(G) For fiscal year 2008, $29,000,000.

"(H) For fiscal year 2009, $23,000,000.

"(I) For fiscal year 2010, $23,000,000.

"(J) For fiscal year 2011, $17,000,000.

"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

(1.3G6*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, 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 General

Accounting 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2014, 2021d, 2073, 2243,

2273, 2282a, 2282c, 2296, 2297h-5, 5851, 9601 of this title.

-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 01/06/03

-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) Preliminary contract findings

The 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 -

(1) it is unlikely that a conflict of interest would exist, or

(2) 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.

(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.)

-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 01/06/03

-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. 2211 01/06/03

-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 01/06/03

-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. Contractor liability for injury or loss of property

arising out of atomic weapons testing programs

-STATUTE-

(a) Short title

This section may be cited as the "Atomic Testing Liability Act".

(b) Federal remedies applicable; exclusiveness of remedies

(1) Remedy

The remedy against the United States provided by sections

1346(b) and 2672 of title 28, by the Act of March 9, 1920 (46

U.S.C. App. 741-752), or by the Act of March 3, 1925 (46 U.S.C.

App. 781-790), as appropriate, for injury, loss of property,

personal injury, or death shall apply to any civil action for

injury, loss of property, personal injury, or death due to

exposure to radiation based on acts or omissions by a contractor

in carrying out an atomic weapons testing program under a

contract with the United States.

(2) Exclusivity

The remedies referred to in paragraph (1) shall be exclusive of

any other civil action or proceeding for the purpose of

determining civil liability arising from any act or omission of

the contractor without regard to when the act or omission

occurred. The employees of a contractor referred to in paragraph

(1) shall be considered to be employees of the Federal

Government, as provided in section 2671 of title 28, for the

purposes of any such civil action or proceeding; and the civil

action or proceeding shall proceed in the same manner as any

action against the United States filed pursuant to section

1346(b) of such title and shall be subject to the limitations and

exceptions applicable to those actions.

(c) Procedure

A contractor against whom a civil action or proceeding described

in subsection (b) of this section is brought shall promptly deliver

all processes served upon that contractor to the Attorney General

of the United States. Upon certification by the Attorney General

that the suit against the contractor is within the provisions of

subsection (b) of this section, a civil action or proceeding

commenced in a State court shall be removed without bond at any

time before trial by the Attorney General to the district court of

the United States for the district and division embracing the place

wherein it is pending and the proceedings shall be deemed a tort

action brought against the United States under the provisions of

section 1346(b), 2401(b), or 2402, or sections 2671 through 2680 of

title 28. For purposes of removal, the certification by the

Attorney General under this subsection establishes contractor

status conclusively.

(d) Actions covered

The provisions of this section shall apply to any action, within

the provisions of subsection (b) of this section, which is pending

on November 5, 1990, or commenced on or after November 5, 1990.

Notwithstanding section 2401(b) of title 28, if a civil action or

proceeding to which this section applies is pending on November 5,

1990, and is dismissed because the plaintiff in such action or

proceeding did not file an administrative claim as required by

section 2672 of that title, the plaintiff in that action or

proceeding shall have 30 days from the date of the dismissal or two

years from the date upon which the claim accrued, whichever is

later, to file an administrative claim, and any claim or subsequent

civil action or proceeding shall thereafter be subject to the

provisions of section 2401(b) of title 28.

(e) "Contractor" defined

For purposes of this section, the term "contractor" includes a

contractor or cost reimbursement subcontractor of any tier

participating in the conduct of the United States atomic weapons

testing program for the Department of Energy (or its predecessor

agencies, including the Manhattan Engineer District, the Atomic

Energy Commission, and the Energy Research and Development

Administration). Such term also includes facilities which conduct

or have conducted research concerning health effects of ionizing

radiation in connection with the testing under contract with the

Department of Energy (or any of its predecessor agencies).

-SOURCE-

(Pub. L. 101-510, div. C, title XXXI, Sec. 3141, Nov. 5, 1990, 104

Stat. 1837.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 9, 1920, referred to in subsec. (b)(1), is act Mar.

9, 1920, ch. 95, 41 Stat. 525, as amended, popularly known as the

Suits in Admiralty Act, which is classified generally to chapter 20

(Sec. 741 et seq.) of Title 46, Appendix, Shipping. For complete

classification of this Act to the Code, see Short Title note set

out under section 741 of Title 46, Appendix, and Tables.

Act of March 3, 1925, referred to in subsec. (b)(1), is act Mar.

3, 1925, ch. 428, 43 Stat. 1112, as amended, popularly known as the

Public Vessels Act, which is classified generally to chapter 22

(Sec. 781 et seq.) of Title 46, Appendix. For complete

classification of this Act to the Code, see Short Title note set

out under section 781 of Title 46, Appendix, and Tables.

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Year 1991, and not as part of the Atomic Energy Act

of 1954 which comprises this chapter.

-MISC1-

PRIOR PROVISIONS

A prior section 2212, Pub. L. 98-525, title XVI, Sec. 1631, Oct.

19, 1984, 94 Stat. 2646, contained provisions similar to this

section, 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 01/06/03

-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. Nuclear Regulatory Commission annual charges

-STATUTE-

(1) In general

The Nuclear Regulatory Commission shall assess and collect annual

charges from its licensees on a fiscal year basis, except that -

(A) the maximum amount of the aggregate charges assessed

pursuant to this paragraph in any fiscal year may not exceed an

amount that, when added to other amounts collected by the

Commission for such fiscal year under other provisions of law, is

estimated to be equal to 33 percent of the costs incurred by the

Commission with respect to such fiscal year, except as otherwise

provided by law; and

(B) any such charge assessed pursuant to this paragraph shall

be reasonably related to the regulatory service provided by the

Commission and shall fairly reflect the cost to the Commission of

providing such service.

(2) Establishment of amount by rule

The amount of the charges assessed pursuant to this paragraph

shall be established by rule.

-SOURCE-

(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.)

-COD-

CODIFICATION

Section was enacted as part of the Consolidated Omnibus Budget

Reconciliation Act of 1985, and not as part of the Atomic Energy

Act of 1954 which comprises this chapter.

-MISC1-

AMENDMENTS

1990 - Par. (1)(A). Pub. L. 101-508 substituted "except as

otherwise provided by law" for "except that for fiscal year 1990

such maximum amount shall be estimated to be equal to 45 percent of

the costs incurred by the Commission for fiscal year 1990".

1989 - Pub. L. 101-239 amended section generally, substituting

provisions requiring assessment and collection of charges on a

fiscal year basis, with exceptions, and directing that amount is to

be established by rule for provisions requiring submission of

report on feasibility and necessity of system of assessment and

collection and requiring assessment and collection on a fiscal year

basis upon expiration of 45-day period following receipt of such

report, with exceptions.

1987 - Subsec. (b)(1)(A). Pub. L. 100-203 inserted before

semicolon at end "; except that for fiscal years 1988 and 1989,

such percentage shall be increased an additional 6 percent of such

costs plus all other assessments made by the Nuclear Regulatory

Commission pursuant to House Joint Resolution 395, 100th Congress,

1st Session, as enacted; but in no event shall such percentage be

less than a total of 45 percent of such costs in each such fiscal

year".

-End-

-CITE-

42 USC Sec. 2214 01/06/03

-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

Except as provided in paragraph (3), 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.

(3) Last assessment of annual charges

The last assessment of annual charges under subsection (c) of

this section shall be made not later than September 20, 2005.

(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; and

(ii) amounts appropriated to the Commission from the

Nuclear Waste Fund for the fiscal year.

(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.

(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.)

-COD-

CODIFICATION

Section is comprised of section 6101 of Pub. L. 101-508. Subsec.

(e) of section 6101 of Pub. L. 101-508 amended 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

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 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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2201 of this title.

-End-

-CITE-

42 USC SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE

PROCEDURE 01/06/03

-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

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2014, 2133 of this

title.

-End-

-CITE-

42 USC Sec. 2231 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2113, 2201, 2210b, 10171

of this title.

-End-

-CITE-

42 USC Sec. 2232 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2236, 2242 of this title.

-End-

-CITE-

42 USC Sec. 2233 01/06/03

-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 01/06/03

-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 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2239, 2242 of this title.

-End-

-CITE-

42 USC Sec. 2236 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2238, 2239, 2282 of this

title.

-End-

-CITE-

42 USC Sec. 2237 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2133 of this title.

-End-

-CITE-

42 USC Sec. 2238 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2239 of this title.

-End-

-CITE-

42 USC Sec. 2239 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2155a, 2235, 2242, 10154

of this title; title 28 section 2342.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

-End-