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 CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC

ENERGY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

-MISC1-

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

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DIVISION A - ATOMIC ENERGY

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

2011. Congressional declaration of policy.

2012. Congressional findings.

2013. Purpose of chapter.

2014. Definitions.

2015. Transfer of property.

2015a. Cold standby.

2016. Repealed.

2017. Authorization of appropriations.

(a) Congressional authorization.

(b) Accounting.

(c) Restoration or replacement of facilities.

(d) Substituted construction projects.

2017a to 2017b. Omitted.

2018. Agency jurisdiction.

2019. Applicability of Federal Power Act.

2020. Licensing of Government agencies.

2021. Cooperation with States.

(a) Purpose.

(b) Agreements with States.

(c) Commission regulation of certain activities.

(d) Conditions.

(e) Publication in Federal Register; comment of

interested persons.

(f) Exemptions.

(g) Compatible radiation standards.

(h) Consultative, advisory, and miscellaneous

functions of Administrator of Environmental

Protection Agency.

(i) Inspections and other functions; training

and other assistance.

(j) Reserve power to terminate or suspend

agreements; emergency situations; State

nonaction on causes of danger; authority

exercisable only during emergency and

commensurate with danger.

(k) State regulation of activities for certain

purposes.

(l) Commission regulated activities; notice of

filing; hearing.

(m) Limitation of agreements and exemptions.

(n) "State" and "agreement" defined.

(o) State compliance requirements: compliance

with section 2113(b) of this title and

health and environmental protection

standards; procedures for licenses,

rulemaking, and license impact analysis;

amendment of agreements for transfer of

State collected funds; proceedings

duplication restriction; alternative

requirements.

2021a. Storage or disposal facility planning.

2021b. Definitions.

2021c. Responsibilities for disposal of low-level

radioactive waste.

2021d. Regional compacts for disposal of low-level

radioactive waste.

(a) In general.

(b) Applicability to Federal activities.

(c) Restricted use of regional disposal

facilities.

(d) Congressional review.

2021e. Limited availability of certain regional disposal

facilities during transition and licensing

periods.

(a) Availability of disposal capacity.

(b) Limitations.

(c) Commercial nuclear power reactor

allocations.

(d) Use of surcharge funds for milestone

incentives; consequences of failure to meet

disposal deadline.

(e) Requirements for access to regional disposal

facilities.

(f) Monitoring of compliance and denial of

access to non-Federal facilities for

noncompliance; information requirements of

certain States; proprietary information.

(g) Nondiscrimination.

2021f. Emergency access.

(a) In general.

(b) Request for emergency access.

(c) Determination of Nuclear Regulatory

Commission.

(d) Temporary emergency access.

(e) Extension of emergency access.

(f) Reciprocal access.

(g) Approval by compact commission.

(h) Limitations.

(i) Volume reduction and surcharges.

(j) Deduction from allocation.

(k) Agreement States.

2021g. Responsibilities of Department of Energy.

(a) Financial and technical assistance.

(b) Omitted.

2021h. Alternative disposal methods.

2021i. Licensing review and approval.

2021j. Radioactive waste below regulatory concern.

2022. Health and environmental standards for uranium

mill tailings.

(a) Promulgation and revision of rules for

protection from hazards at inactive or

depository sites.

(b) Promulgation and revision of rules for

protection from hazards at processing or

disposal sites.

(c) Publication in Federal Register; notice and

hearing; consultations; judicial review;

time for petition; venue; copy to

Administrator; record; administrative

jurisdiction; review by Supreme Court;

effective date of rule.

(d) Federal and State implementation and

enforcement.

(e) Other authorities of Administrator

unaffected.

(f) Implementation or enforcement of Uranium

Mill Licensing Requirements.

2023. State authority to regulate radiation below level

of regulatory concern of Nuclear Regulatory

Commission.

(a) In general.

(b) Relation to other State authority.

(c) Definitions.

SUBCHAPTER II - ORGANIZATION

2031, 2032. Repealed.

2033. Principal office.

2034. General Manager, Deputy and Assistant General

Managers.

(a) General Manager; chief executive officer;

duties; appointment; removal.

(b) Deputy General Manager; duties; appointment;

removal.

(c) Assistant General Managers; duties;

appointment; removal.

2035. Divisions, offices, and positions.

(a) Program divisions; appointment and powers of

Assistant General Manager and Division

Directors.

(b) General Counsel.

(c) Inspection Division; duties.

(d) Executive management positions; appointment;

removal.

2036, 2037. Repealed.

2038. Appointment of Army, Navy, or Air Force officer as

Assistant General Manager for Military

Application; Chairman of Military Liaison

Committee; compensation.

2039. Advisory Committee on Reactor Safeguards;

composition; tenure; duties; compensation.

2040. Fellowship program of Advisory Committee on

Reactor Safeguards; selection of fellowships.

SUBCHAPTER III - RESEARCH

2051. Research and development assistance.

(a) Contracts and loans for research activities.

(b) Grants and contributions for facilities in

educational and training institutions.

(c) Purchase of supplies without advertising.

(d) Prevention of dissemination of information

prohibited; other conditions of agreements.

2052. Research by Commission.

2053. Research for others; charges.

SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL

2061. Production facilities.

(a) Ownership.

(b) Operation of Commission's facilities.

(c) Operation of other facilities.

2062. Irradiation of materials.

2063. Acquisition of production facilities.

2064. Disposition of energy; regulation on sale.

SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

2071. Determination of other material as special nuclear

material; Presidential assent; effective date.

2072. Repealed.

2073. Domestic distribution of special nuclear material.

(a) Licenses.

(b) Minimum criteria for licenses.

(c) Manner of distribution; charges for material

sold; agreements; charges for material

leased.

(d) Determination of charges.

(e) License conditions.

(f) Distribution for independent research and

development activities.

2074. Foreign distribution of special nuclear material.

(a) Compensation; distribution to International

Atomic Energy Agency; procedure for

distribution; repurchase of unconsumed

materials; price; purchase of materials

produced outside United States; price.

(b) Distribution to persons outside United

States of plutonium and other special

nuclear material exempted under section

2077(d) of this title; compensation;

reports.

(c) Licensing or granting permission to others

to distribute special nuclear material;

conditions.

(d) Laboratory samples; medical devices;

monitoring or other instruments;

emergencies.

(e) Arrangements for storage or disposition of

irradiated fuel elements.

2075. Acquisition of special nuclear material; payments;

just compensation.

2076. Guaranteed purchase prices.

2077. Unauthorized dealings in special nuclear material.

(a) Handling by persons.

(b) Production; subsequent arrangements;

authorization; determination by Secretary

of Energy that activity will not be

inimical to interests of United States;

procedures.

(c) Distribution by Commission.

(d) Establishment of classes of special nuclear

material; exemption of materials, kinds of

uses and users from requirement of license.

(e) Transfer, etc., of special nuclear material.

2078. Congressional review of guaranteed purchase price,

guaranteed purchase price period, and criteria

for waiver of charges.

SUBCHAPTER VI - SOURCE MATERIAL

2091. Determination of source material.

2092. License requirements for transfers.

2093. Domestic distribution of source material.

(a) License.

(b) Minimum criteria for licenses.

(c) Determination of charges.

2094. Foreign distribution of source material.

2095. Reports.

2096. Acquisition of source material; payments.

2097. Operations on lands belonging to United States.

2098. Public and acquired lands.

(a) Conditions on location, entry, and

settlement.

(b) Reservation of mineral rights; release.

(c) Prior locations.

2099. Prohibitions against issuance of license.

SUBCHAPTER VII - BYPRODUCT MATERIALS

2111. Domestic distribution; license; price limitations.

2112. Foreign distribution of byproduct material.

(a) Cooperation with other Nations.

(b) Distribution to individuals.

(c) Distributor's license.

2113. Ownership and custody of certain byproduct

material and disposal sites.

(a) Specific assurances in license for

pretermination actions.

(b) Transfer of title; health and environmental

protection through maintenance of property

and materials; use of surface or subsurface

estates: first refusal rights of

transferor; maintenance, monitoring, and

emergency measures and other authorized

action; licensee-transferor liability for

fraud or negligence; administrative and

legal costs limitation; government

retransfers under section 7914(h) of this

title.

(c) Compliance with applicable standards and

license requirements; determination upon

termination of license.

2114. Authorities of Commission respecting certain

byproduct material.

(a) Management function.

(b) Rules, regulations, or orders for certain

activities; civil penalty.

(c) Alternative requirements or proposals.

SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY

2121. Authority of Commission.

(a) Research and development; weapons

production; hazardous wastes; transfers of

technologies.

(b) Material for Department of Defense use.

(c) Sale, lease, or loan to other Nations of

materials for military applications.

2122. Prohibitions governing atomic weapons.

2122a. Repealed.

2123. Critical technology partnerships.

(a) Partnerships.

(b) Definitions.

SUBCHAPTER IX - ATOMIC ENERGY LICENSES

2131. License required.

2132. Utilization and production facilities for

industrial or commercial purposes.

(a) Issuance of licenses.

(b) Facilities constructed or operated under

section 2134(b).

(c) Cooperative Power Reactor Demonstration

facilities.

2133. Commercial licenses.

(a) Conditions.

(b) Nonexclusive basis.

(c) License period.

(d) Limitations.

(f) Accident notification condition; license

revocation; license amendment to include

condition.

2134. Medical, industrial, and commercial licenses.

(a) Medical therapy.

(b) Industrial and commercial purposes.

(c) Research and development activities.

(d) Limitations.

2135. Antitrust provisions governing licenses.

(a) Violations of antitrust laws.

(b) Reports to Attorney General.

(c) Transmissions to Attorney General of copies

of license applications; publication of

advice; factors considered; exceptions.

2136. Classes of facilities.

2137. Operators' licenses.

2138. Suspension of licenses during war or national

emergency.

2139. Component and other parts of facilities.

(a) Licenses for domestic activities.

(b) Export licenses.

(c) Exports inimical to common defense and

security of United States.

2139a. Regulations implementing requirements relating to

licensing for components and other parts of

facilities.

2140. Exclusions from license requirement.

2141. Licensing by Nuclear Regulatory Commission of

distribution of special nuclear material, source

material, and byproduct material by Department of

Energy.

SUBCHAPTER X - INTERNATIONAL ACTIVITIES

2151. Effect of international arrangements.

2152. Policies contained in international arrangements.

2153. Cooperation with other nations.

(a) Terms, conditions, duration, nature, scope,

and other requirements of proposed

agreements for cooperation; Presidential

exemptions; negotiations; Nuclear

Proliferation Assessment Statement.

(b) Presidential approval and authorization for

execution of proposed agreements for

cooperation.

(c) Submittal of proposed agreements for

cooperation to Congressional committees.

(d) Congressional action.

2153a. Approval for enrichment after export of source or

special nuclear material; export of major

critical components of enrichment facilities.

2153b. Export policies relating to peaceful nuclear

activities and international nuclear trade.

(a) Undertakings by transferee nations receiving

nuclear material and equipment or sensitive

nuclear technology.

(b) Enrichment of source or special nuclear

material only under effective international

auspices and inspection.

(c) Establishment of physical security measures.

(d) United States military activities.

2153c. Renegotiation of agreements for cooperation.

(a) Application to existing agreements of

undertakings required of new agreements

after March 10, 1978.

(b) Presidential review of export agreement

conditions and policy goals.

(c) Presidential proposals for additional export

criteria.

(d) Congressional action.

2153d. Authority to continue agreements for cooperation

entered into prior to March 10, 1978.

2153e. Protection of environment.

2153e-1. Effectiveness of rule, regulation, or procedure

with regard to exports subject to Nuclear

Non-Proliferation Act of 1978.

2153f. Savings clause; Nuclear Non-Proliferation Act of

1978.

2154. International atomic pool.

2155. Export licensing procedures.

(a) Executive branch judgment on export

applications; criteria governing United

States nuclear exports.

(b) Requests to be given timely consideration;

Presidential review if Commission is unable

to make required statutory determinations;

Commission review.

(c) Additional export criteria.

2155a. Regulations establishing Commission procedures

covering grant, suspension, revocation, or

amendment of nuclear export licenses or

exemptions.

2156. Criteria governing United States nuclear exports.

2156a. Regulations establishing levels of physical

security to protect facilities and material.

2157. Additional export criterion and procedures.

2158. Conduct resulting in termination of nuclear

exports.

2159. Congressional review procedures.

(a) Committee consideration of Presidential

submissions; reports.

(b) Consideration of resolution by respective

Houses of Congress.

(c) Debate.

(d) Vote on final approval.

(e) Appeals from decisions of Chair.

(f) Resolution.

(g) Continuity of Congressional sessions;

computation of time.

(h) Supersedure or change in rules.

(i) Joint resolutions.

2160. Subsequent arrangements.

(a) Consultation and concurrence; negotiations

of a policy nature; notice of proposed

subsequent arrangements; Nuclear

Proliferation Assessment Statement;

reprocessing of material.

(b) Reports to Congressional committees;

increase in risk of proliferation.

(c) Procedures for consideration of requests for

subsequent arrangements.

(d) Activities not prohibited, precluded, or

limited.

(e) Jurisdiction of Secretary of Energy.

(f) Subsequent arrangements involving direct or

indirect commitment of United States for

storage or other disposition of foreign

spent nuclear fuel in United States.

2160a. Review of Nuclear Proliferation Assessment

Statements.

2160b. Authority to suspend nuclear cooperation with

nations which have not ratified the Convention on

the Physical Security of Nuclear Materials.

2160c. Consultation with Department of Defense concerning

certain exports and subsequent arrangements.

2160d. Further restrictions on exports.

SUBCHAPTER XI - CONTROL OF INFORMATION

2161. Policy of Commission.

2162. Classification and declassification of Restricted

Data.

(a) Periodic determination.

(b) Continuous review.

(c) Joint determination on atomic weapons;

Presidential determination on disagreement.

(d) Removal from Restricted Data category.

(e) Joint determination on atomic energy

programs.

2163. Access to Restricted Data.

2164. International cooperation.

(a) By Commission.

(b) By Department of Defense.

(c) Exchange of information concerning atomic

weapons; research, development, or design,

of military reactors.

(d) By Department of Energy.

(e) Communication of data by other Government

agencies.

2165. Security restrictions.

(a) On contractors and licensees.

(b) Employment of personnel; access to

Restricted Data.

(c) Acceptance of investigation and clearance

granted by other Government agencies.

(d) Investigations by FBI.

(e) Presidential investigation.

(f) Certification of specific positions for

investigation by FBI.

(g) Investigation standards.

(h) War time clearance.

2166. Applicability of other laws.

2167. Safeguards information.

(a) Confidentiality of certain types of

information; issuance of regulations and

orders; considerations for exercise of

Commission's authority; disclosure of

routes and quantities of shipment; civil

penalties; withholding of information from

Congressional committees.

(b) Regulations or orders issued under this

section and section 2201(b) of this title

for purposes of section 2273 of this title.

(c) Judicial review.

(d) Reports to Congress; contents.

2168. Dissemination of unclassified information.

(a) Dissemination prohibited; rules and

regulations; determinations of Secretary

prerequisite to issuance of prohibiting

regulations or orders; criteria.

(b) Civil penalties.

(c) Criminal penalties.

(d) Judicial review.

(e) Quarterly reports for interested persons;

contents.

2169. Fingerprinting for criminal history record checks.

(a) Persons subject to fingerprinting;

submission of fingerprints to Attorney

General; costs; results of check.

(b) Waiver.

(c) Regulations.

(d) Processing fees; use of amounts collected.

SUBCHAPTER XII - PATENTS AND INVENTIONS

2181. Inventions relating to atomic weapons, and filing

of reports.

(a) Denial of patent; revocation of prior

patents.

(b) Denial of rights; revocation of prior

rights.

(c) Report of invention to Under Secretary of

Commerce for Intellectual Property and

Director of the United States Patent and

Trademark Office.

(d) Report to Commission by Under Secretary of

Commerce for Intellectual Property and

Director of the United States Patent and

Trademark Office.

(e) Confidential information; circumstances

permitting disclosure.

2182. Inventions conceived during Commission contracts;

ownership; waiver; hearings.

2183. Nonmilitary utilization.

(a) Declaration of public interest.

(b) Action by Commission.

(c) Application for patent.

(d) Hearings.

(e) Commission's findings.

(f) Limitations on issuance of patent.

(g) Royalty fees.

(h) Effective period.

2184. Injunctions; measure of damages.

2185. Prior art.

2186. Commission patent licenses.

2187. Compensation, awards, and royalties.

(a) Patent Compensation Board.

(b) Eligibility.

(c) Standards.

(d) Limitations.

2188. Monopolistic use of patents.

2189. Federally financed research.

2190. Saving clause for prior patent applications.

SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

2201. General duties of Commission.

(a) Establishment of advisory boards.

(b) Standards governing use and possession of

material.

(c) Studies and investigations.

(d) Employment of personnel.

(e) Acquisition of material, property, etc.;

negotiation of commercial leases.

(f) Utilization of other Federal agencies.

(g) Acquisition of real and personal property.

(h) Consideration of license applications.

(i) Regulations governing Restricted Data.

(j) Disposition of surplus materials.

(k) Carrying of firearms; authority to make

arrests without warrant.

(l) Repealed.

(m) Agreements regarding production.

(n) Delegation of functions.

(o) Reports.

(p) Rules and regulations.

(q) Easements for rights-of-way.

(r) Sale of utilities and related services.

(s) Succession of authority.

(t) Contracts.

(u) Additional contracts; guiding principles;

appropriations.

(v) Support of United States Enrichment

Corporation.

(w) License fees for nuclear power reactors.

(x) Standards and instructions for bonding,

surety, or other financial arrangements,

including performance bonds.

2202. Contracts.

2203. Advisory committees.

2204. Electric utility contracts; authority to enter

into; cancellation; submission to Energy

Committees.

2204a. Fission product contracts.

(a) Authority to enter into contracts.

(b) Cancellation.

(c) Submission to Energy Committees.

2205. Contract practices.

2205a. Repealed.

2206. Comptroller General audit.

2207. Claim settlements; reports to Congress.

2208. Payments in lieu of taxes.

2209. Subsidies.

2210. Indemnification and limitation of liability.

(a) Requirement of financial protection for

licensees.

(b) Amount and type of financial protection for

licensees.

(c) Indemnification of licenses by Nuclear

Regulatory Commission.

(d) Indemnification of contractors by Department

of Energy.

(e) Limitation on aggregate public liability.

(f) Collection of fees by Nuclear Regulatory

Commission.

(g) Use of services of private insurers.

(h) Conditions of agreements of indemnification.

(i) Compensation plans.

(j) Contracts in advance of appropriations.

(k) Exemption from financial protection

requirement for nonprofit educational

institutions.

(l) Presidential commission on catastrophic

nuclear accidents.

(m) Coordinated procedures for prompt settlement

of claims and emergency assistance.

(n) Waiver of defenses and judicial procedures.

(o) Plan for distribution of funds.

(p) Reports to Congress.

(q) Limitation on awarding of precautionary

evacuation costs.

(r) Limitation on liability of lessors.

(s) Limitation on punitive damages.

(t) Inflation adjustment.

2210a. Conflicts of interest relating to contracts and

other arrangements.

(a) Disclosure requirements.

(b) Preliminary contract findings.

(c) Promulgation and publication of rules.

2210b. Uranium supply.

(a) Assessment of domestic uranium industry

viability; monitoring and reporting

requirements; criteria; implementation by

rules and regulations.

(b) Disclosure of information.

(c) Criteria for monitoring and reporting

requirements.

(d) Excessive imports; investigation by United

States International Trade Commission.

(e) Excessive imports for contracts or options

as threatening national security;

investigation by Secretary of Commerce;

recommendation for further investigation.

2211. Payment of claims or judgments for damage

resulting from nuclear incident involving nuclear

reactor of United States warship; exception;

terms and conditions.

2212. Contractor liability for injury or loss of

property arising out of atomic weapons testing

programs.

(a) Short title.

(b) Federal remedies applicable; exclusiveness

of remedies.

(c) Procedure.

(d) Actions covered.

(e) "Contractor" defined.

2213. Nuclear Regulatory Commission annual charges.

(1) In general.

(2) Establishment of amount by rule.

2214. NRC user fees and annual charges.

(a) Annual assessment.

(b) Fees for service or thing of value.

(c) Annual charges.

(d) "Nuclear Waste Fund" defined.

SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY ACQUIRED

2221. Just compensation for requisitioned property.

2222. Condemnation of real property.

2223. Patent application disclosures.

2224. Attorney General approval of title.

SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

2231. Applicability of administrative procedure

provisions; definitions.

2232. License applications.

(a) Contents and form.

(b) Review of applications by Advisory Committee

on Reactor Safeguards; report.

(c) Commercial power; publication.

(d) Preferred consideration.

2233. Terms of licenses.

2234. Inalienability of licenses.

2235. Construction permits and operating licenses.

2236. Revocation of licenses.

(a) False applications; failure of performance.

(b) Procedure.

(c) Repossession of material.

2237. Modification of license.

2238. Continued operation of facilities.

2239. Hearings and judicial review.

2240. Licensee incident reports as evidence.

2241. Atomic safety and licensing boards; establishment;

membership; functions; compensation.

2242. Temporary operating license.

(a) Fuel loading, testing, and operation at

specific power level; petition, affidavit,

etc.

(b) Operation at greater power level; criteria,

effect, terms and conditions, etc.;

procedures applicable.

(c) Hearing for final operating license;

suspension, issuance, compliance, etc.,

with temporary operating license.

(d) Administrative remedies for minimization of

need for license.

(e) Expiration of issuing authority.

2243. Licensing of uranium enrichment facilities.

(a) Environmental impact statement.

(b) Adjudicatory hearing.

(c) Inspection and operation.

(d) Insurance and decommissioning.

(e) No Price-Anderson coverage.

(f) Limitation.

SUBCHAPTER XVI - JOINT COMMITTEE ON ATOMIC ENERGY

2251 to

2257. Repealed.

2258. Joint Committee on Atomic Energy abolished.

(a) Abolition.

(b) References in rules, etc., on and after

September 20, 1977.

(c) Transfer of records, data, etc.; copies.

2259. Information and assistance to Congressional

committees.

(a) Secretary of Energy and Nuclear Regulatory

Commission.

(b) Department of Defense and Department of

State.

(c) Government agencies.

(d) Utilization of services, facilities, and

personnel of Government agencies;

reimbursement; prior written consent.

SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

2271. General provisions.

(a) Authority of President to utilize Government

agencies.

(b) Criminal violations.

(c) Violations of this chapter.

2272. Violation of specific sections.

2273. Violation of sections.

(a) Generally.

(b) Construction or supply of components for

utilization facilities; impairment of basic

components; "basic component" defined;

posting at construction sites of

utilization facilities and on premises of

component fabrication plants.

(c) Criminal penalties.

2274. Communication of Restricted Data.

2275. Receipt of Restricted Data.

2276. Tampering with Restricted Data.

2277. Disclosure of Restricted Data.

2278. Statute of limitations.

2278a. Trespass upon Commission installations.

(a) Issuance and posting of regulations.

(b) Penalty for violation of regulations.

(c) Penalty for violation of regulations

regarding enclosed property.

2278b. Photographing, etc., of Commission installations;

penalty.

2279. Applicability of other laws.

2280. Injunction proceedings.

2281. Contempt proceedings.

2282. Civil penalties.

(a) Violations of licensing requirements.

(b) Notice.

(c) Collection of penalties.

2282a. Civil monetary penalties for violation of

Department of Energy safety regulations.

(a) Persons subject to penalty.

(b) Determination of amount.

(c) Assessment and payment.

(d) Excepted institutions.

2282b. Civil monetary penalties for violations of

Department of Energy regulations regarding

security of classified or sensitive information

or data.

(a) Persons subject to penalty.

(b) Fee or payment reductions for violations.

(c) Powers and limitations.

(d) Application to certain entities.

2282c. Worker health and safety rules for Department of

Energy nuclear facilities.

(a) Regulations required.

(b) Civil penalties.

(c) Contract penalties.

(d) Coordination of penalties.

2283. Protection of nuclear inspectors.

(a) Homicide.

(b) Assault.

2284. Sabotage of nuclear facilities or fuel.

(a) Physical damage to facilities, etc.

(b) Unauthorized use or tampering with

facilities, etc.

SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD

2286. Establishment.

(a) Establishment.

(b) Membership.

(c) Chairman and Vice Chairman.

(d) Terms.

(e) Quorum.

2286a. Functions of Board.

(a) In general.

(b) Excluded functions.

2286b. Powers of Board.

(a) Hearings.

(b) Staff.

(c) Regulations.

(d) Reporting requirements.

(e) Use of Government facilities, etc.

(f) Assistance from certain agencies of Federal

Government.

(g) Assistance from organizations outside

Federal Government.

(h) Resident inspectors.

(i) Special studies.

(j) Evaluation of information.

2286c. Responsibilities of Secretary of Energy.

(a) Cooperation.

(b) Access to information.

2286d. Board recommendations.

(a) Public availability and comment.

(b) Response by Secretary.

(c) Provision of information to Secretary.

(d) Final decision.

(e) Implementation plan.

(f) Implementation.

(g) Imminent or severe threat.

(h) Limitation.

2286e. Reports.

(a) Board report.

(b) DOE report.

2286f. Judicial review.

2286g. "Department of Energy defense nuclear facility"

defined.

2286h. Contract authority subject to appropriations.

2286h-1. Transmittal of certain information to Congress.

2286i. Annual authorization of appropriations.

SUBCHAPTER XVIII - EURATOM COOPERATION

2291. Definitions.

2292. Authorization of appropriations for research and

development program; authority to enter into

contracts; period of contracts; equivalent

amounts for research and development program.

2293. Omitted.

2294. Authorization for sale or lease of uranium and

plutonium; amounts; lien for nonpayment; uranium

enrichment services.

2295. Acquisition of nuclear materials.

(a) Authorization; restriction of amounts of

plutonium or uranium; amount and use of

plutonium authorized to be acquired.

(b) Terms and periods of contracts to acquire

plutonium.

(c) Terms and periods of contracts to acquire

uranium.

(d) Contracts for purchase of special nuclear

materials.

(e) Certification by Commission.

2296. Nonliability of United States; indemnification.

SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION

PART A - REMEDIAL ACTION AT ACTIVE PROCESSING SITES

2296a. Remedial action program.

(a) In general.

(b) Reimbursement.

2296a-1. Regulations.

2296a-2. Authorization of appropriations.

(a) In general.

(b) Source.

2296a-3. Definitions.

PART B - URANIUM REVITALIZATION

2296b. Overfeed program.

(a) Uranium purchases.

(b) Use of domestic uranium.

2296b-1. National Strategic Uranium Reserve.

2296b-2. Sale of remaining DOE inventories.

2296b-3. Responsibility for the industry.

(a) Continuing Secretarial responsibility.

(b) Encourage export.

2296b-4. Annual uranium purchase reports.

(a) In general.

(b) Congressional access.

2296b-5. Uranium inventory study.

2296b-6. Regulatory treatment of uranium purchases.

(a) Encouragement.

(b) Report.

(c) Savings provision.

2296b-7. Definitions.

DIVISION B - UNITED STATES ENRICHMENT CORPORATION

SUBCHAPTER I - GENERAL PROVISIONS

2297, 2297a.Repealed.

SUBCHAPTER II - ESTABLISHMENT, POWERS, AND ORGANIZATION OF

CORPORATION

2297b to 2297b-15. Repealed.

SUBCHAPTER III - RIGHTS, PRIVILEGES, AND ASSETS OF CORPORATION

2297c to 2297c-7. Repealed.

SUBCHAPTER IV - PRIVATIZATION OF CORPORATION

2297d,

2297d-1. Repealed.

SUBCHAPTER V - AVLIS AND ALTERNATIVE TECHNOLOGIES FOR URANIUM

ENRICHMENT

2297e to 2297e-7. Repealed.

SUBCHAPTER VI - LICENSING AND REGULATION OF URANIUM ENRICHMENT

FACILITIES

2297f. Gaseous diffusion facilities.

(a) Issuance of standards.

(b) Annual report.

(c) Certification process.

(d) Requirement for operation.

2297f-1. Licensing of other technologies.

(a) In general.

(b) Costs for decontamination and

decommissioning.

2297f-2. Regulation of Restricted Data.

SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING

2297g. Uranium Enrichment Decontamination and

Decommissioning Fund.

(a) Establishment.

(b) Administration.

2297g-1. Deposits.

(a) Amount.

(b) Source.

(c) Special assessment.

(d) Authorization of appropriations.

(e) Termination of assessments.

(f) Continuation of deposits.

(g) Treatment of assessment.

2297g-2. Department facilities.

(a) Study by National Academy of Sciences.

(b) Payment of decontamination and

decommissioning costs.

(c) Payment of remedial action costs.

2297g-3. Employee provisions.

2297g-4. Reports to Congress.

SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION

PRIVATIZATION

2297h. Definitions.

2297h-1. Sale of Corporation.

(a) Authorization.

(b) Proceeds.

2297h-2. Method of sale.

(a) Authorization.

(b) Board determination.

(c) Adequate proceeds.

(d) Application of securities laws.

(e) Expenses.

2297h-3. Establishment of private corporation.

(a) Incorporation.

(b) Status of private corporation.

(c) Application of post-Government employment

restrictions.

(d) Dissolution.

2297h-4. Transfers to private corporation.

2297h-5. Leasing of gaseous diffusion facilities.

(a) Transfer of lease.

(b) Renewal.

(c) Exclusion of facilities for production of

highly enriched uranium.

(d) DOE responsibility for preexisting

conditions.

(e) Environmental audit.

(f) Treatment under Price-Anderson provisions.

(g) Waiver of EIS requirement.

(h) Maintenance of security.

2297h-6. Transfer of contracts.

(a) Transfer of contracts.

(b) Nontransferable power contracts.

(c) Effect of transfer.

(d) Pricing.

2297h-7. Liabilities.

(a) Liability of United States.

(b) Liability of Corporation.

(c) Liability of private corporation.

(d) Liability of officers and directors.

2297h-8. Employee protections.

(a) Contractor employees.

(b) Former Federal employees.

2297h-9. Ownership limitations.

(a) Securities limitations.

(b) Ownership limitation.

2297h-10. Uranium transfers and sales.

(a) Transfers and sales by Secretary.

(b) Russian HEU.

(c) Transfers to Corporation.

(d) Inventory sales.

(e) Government transfers.

(f) Savings provision.

2297h-11. Low-level waste.

(a) Responsibility of DOE.

(b) Agreements with other persons.

(c) State or interstate compacts.

2297h-12. AVLIS.

(a) Exclusive right to commercialize.

(b) Transfer of related property to Corporation.

(c) Liability for patent and related claims.

2297h-13. Application of certain laws.

(a) OSHA.

(b) Antitrust laws.

(c) Energy Reorganization Act requirements.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1437f, 1874, 2291,

2296a-3, 2297h-5, 2297-h12, 2301, 2305, 5196e, 5197f, 5812, 5817,

5841, 5842, 5843, 5844, 5846, 5848, 5851, 5876, 5902, 5908, 6903,

6905, 7135a, 7259a, 7412, 7911, 7918, 7920, 7925, 7941, 9601, 9620,

10134, 10141, 10154, 10155, 10197, 10243, 13541 of this title;

title 5 sections 7533, 8312; title 6 section 511; title 10 sections

2344, 2710; title 15 sections 2080, 2602; title 18 section 2516;

title 21 section 360jj; title 22 sections 2022, 2024, 2403, 2778a,

2793, 2794, 3203, 3303, 6445; title 30 sections 541b, 541c, 541d;

title 50 sections 47f, 438.

-End-

-CITE-

42 USC Division A - Atomic Energy 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

-HEAD-

DIVISION A - ATOMIC ENERGY

-SECREF-

DIVISION REFERRED TO IN OTHER SECTIONS

This division is referred to in title 18 section 922.

-End-

-CITE-

42 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 2011 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2011. Congressional declaration of policy

-STATUTE-

Atomic energy is capable of application for peaceful as well as

military purposes. It is therefore declared to be the policy of the

United States that -

(a) the development, use, and control of atomic energy shall be

directed so as to make the maximum contribution to the general

welfare, subject at all times to the paramount objective of

making the maximum contribution to the common defense and

security; and

(b) the development, use, and control of atomic energy shall be

directed so as to promote world peace, improve the general

welfare, increase the standard of living, and strengthen free

competition in private enterprise.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 1, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 921; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in section 1 of act Aug. 1, 1946, ch. 724, 60 Stat. 755,

which was classified to section 1801 of this title, prior to the

general amendment and renumbering of act Aug. 1, 1946, by act Aug.

30, 1954.

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-245, Sec. 1, July 10, 2000, 114 Stat. 501, provided

that: "This Act [enacting section 285a-9 of this title and enacting

and amending provisions set out as notes under section 2210 of this

title] may be cited as the 'Radiation Exposure Compensation Act

Amendments of 2000'."

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-134, title III, Sec. 3101, Apr. 26, 1996, 110 Stat.

1321-335, provided that: "This subchapter [subch. A (Secs.

3101-3117) of ch. 1 of title III of Pub. L. 104-134, enacting

sections 2297h to 2297h-13 of this title, amending sections 2014,

2239, 2243, 2282, 2296b-7, 2297f, and 2297f-1 of this title and

section 9101 of Title 31, Money and Finance, repealing sections

2297 to 2297e-7 of this title, and enacting provisions set out as

notes under section 2297 of this title and section 9101 of Title

31] may be cited as the 'USEC Privatization Act'."

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-408, Sec. 1, Aug. 20, 1988, 102 Stat. 1066, provided

that: "This Act [enacting section 2282a of this title, amending

sections 2014, 2210, and 2273 of this title, and enacting

provisions set out as notes under sections 2014 and 2210 of this

title] may be cited as the 'Price-Anderson Amendments Act of

1988'."

SHORT TITLE OF 1964 AMENDMENT

Pub. L. 88-489, Sec. 21, Aug. 26, 1964, 78 Stat. 607, provided

that: "This Act [amending sections 2012, 2013, 2073 to 2078, 2135,

2153, 2201, 2221, 2233, and 2234 of this title, repealing section

2072 of this title, and enacting provisions set out as notes under

sections 2012 and 2072 of this title] may be cited as the 'Private

Ownership of Special Nuclear Materials Act'."

SHORT TITLE OF 1958 AMENDMENT

Pub. L. 85-846, Sec. 1, Aug. 28, 1958, 72 Stat. 1084, provided:

"That this Act [enacting sections 2291 to 2296 of this title] may

be cited as the 'EURATOM Cooperation Act of 1958'."

SHORT TITLE

Section 291 of title I of act Aug. 1, 1946, as added by act Aug.

30, 1954, Sec. 1; renumbered title I, Oct. 24, 1992, Pub. L.

102-486, title IX, Sec. 902(a)(8), 106 Stat. 2944, provided that:

"This Act [enacting this chapter and amending sections 1031(d) and

1032 of former Title 5, Executive Departments and Government

Officers and Employees, and enacting provision set out as a note

under section 2221 of this title] may be cited as the 'Atomic

Energy Act of 1954'."

SEPARABILITY

Section 281 of title I of act Aug. 1, 1946, as added by act Aug.

30, 1954, Sec. 1; renumbered title I, Oct. 24, 1992, Pub. L.

102-486, title IX, Sec. 902(a)(8), 106 Stat. 2944, provided that:

"If any provision of this Act [enacting this chapter] or the

application of such provision to any person or circumstances, is

held invalid, the remainder of this Act or the application of such

provision to persons or circumstances other than those as to which

it is held invalid, shall not be affected thereby."

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2012 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2012. Congressional findings

-STATUTE-

The Congress of the United States makes the following findings

concerning the development, use, and control of atomic energy:

(a) The development, utilization, and control of atomic energy

for military and for all other purposes are vital to the common

defense and security.

(b) Repealed. Pub. L. 88-489, Sec. 1, Aug. 26, 1964, 78 Stat.

602.

(c) The processing and utilization of source, byproduct, and

special nuclear material affect interstate and foreign commerce and

must be regulated in the national interest.

(d) The processing and utilization of source, byproduct, and

special nuclear material must be regulated in the national interest

and in order to provide for the common defense and security and to

protect the health and safety of the public.

(e) Source and special nuclear material, production facilities,

and utilization facilities are affected with the public interest,

and regulation by the United States of the production and

utilization of atomic energy and of the facilities used in

connection therewith is necessary in the national interest to

assure the common defense and security and to protect the health

and safety of the public.

(f) The necessity for protection against possible interstate

damage occurring from the operation of facilities for the

production or utilization of source or special nuclear material

places the operation of those facilities in interstate commerce for

the purposes of this chapter.

(g) Funds of the United States may be provided for the

development and use of atomic energy under conditions which will

provide for the common defense and security and promote the general

welfare.

(h) Repealed. Pub. L. 88-489, Sec. 2, Aug. 26, 1964, 78 Stat.

602.

(i) In order to protect the public and to encourage the

development of the atomic energy industry, in the interest of the

general welfare and of the common defense and security, the United

States may make funds available for a portion of the damages

suffered by the public from nuclear incidents, and may limit the

liability of those persons liable for such losses.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 2, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 921; amended Pub. L. 85-256, Sec. 1,

Sept. 2, 1957, 71 Stat. 576; Pub. L. 88-489, Secs. 1, 2, Aug. 26,

1964, 78 Stat. 602; renumbered title I, Pub. L. 102-486, title IX,

Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in section 1 of act Aug. 1, 1946, ch. 724, 60 Stat. 755,

which was classified to section 1801 of this title, prior to the

general amendment and renumbering of act Aug. 1, 1946, by act Aug.

30, 1954.

AMENDMENTS

1964 - Subsec. (b). Pub. L. 88-489, Sec. 1, struck out subsec.

(b) which found that use of United States property by others must

be regulated in national interest and in order to provide for

common defense and security and to protect health and safety of

public.

Subsec. (h). Pub. L. 88-489, Sec. 2, struck out subsec. (h) which

found it essential to common defense and security that title to all

special nuclear material be in United States while such special

nuclear material is within United States.

1957 - Subsec. (i). Pub. L. 85-256 added subsec. (i).

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-MISC2-

CONTROL AND REGULATION POWERS OF UNITED STATES AND OF ATOMIC ENERGY

COMMISSION UNAFFECTED BY PRIVATE OWNERSHIP OF SPECIAL NUCLEAR

MATERIALS

Section 20 of Pub. L. 88-489 provided that: "Nothing in this Act

[amending this section and sections 2013, 2073 to 2078, 2135, 2153,

2201, 2233 and 2234 of this title, repealing section 2072 of this

title, and enacting provisions set out as notes under this section

and section 2072 of this title] shall be deemed to diminish

existing authority of the United States, or of the Atomic Energy

Commission under the Atomic Energy Act of 1954, as amended [this

chapter], to regulate source, byproduct, and special nuclear

material and production and utilization facilities, or to control

such materials and facilities exported from the United States by

imposition of governmental guarantees and security safeguards with

respect thereto, in order to assure the common defense and security

and to protect the health and safety of the public, or to reduce

the responsibility of the Atomic Energy Commission to achieve such

objectives."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2210 of this title.

-End-

-CITE-

42 USC Sec. 2013 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2013. Purpose of chapter

-STATUTE-

It is the purpose of this chapter to effectuate the policies set

forth above by providing for -

(a) a program of conducting, assisting, and fostering research

and development in order to encourage maximum scientific and

industrial progress;

(b) a program for the dissemination of unclassified scientific

and technical information and for the control, dissemination, and

declassification of Restricted Data, subject to appropriate

safeguards, so as to encourage scientific and industrial

progress;

(c) a program for Government control of the possession, use,

and production of atomic energy and special nuclear material,

whether owned by the Government or others, so directed as to make

the maximum contribution to the common defense and security and

the national welfare, and to provide continued assurance of the

Government's ability to enter into and enforce agreements with

nations or groups of nations for the control of special nuclear

materials and atomic weapons;

(d) a program to encourage widespread participation in the

development and utilization of atomic energy for peaceful

purposes to the maximum extent consistent with the common defense

and security and with the health and safety of the public;

(e) a program of international cooperation to promote the

common defense and security and to make available to cooperating

nations the benefits of peaceful applications of atomic energy as

widely as expanding technology and considerations of the common

defense and security will permit; and

(f) a program of administration which will be consistent with

the foregoing policies and programs, with international

arrangements, and with agreements for cooperation, which will

enable the Congress to be currently informed so as to take

further legislative action as may be appropriate.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 3, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 922; amended Pub. L. 88-489, Sec. 3,

Aug. 26, 1964, 78 Stat. 602; renumbered title I, Pub. L. 102-486,

title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in section 1 of act Aug. 1, 1946, ch. 724, 60 Stat. 755,

which was classified to section 1801 of this title, prior to the

general amendment and renumbering of act Aug. 1, 1946, by act Aug.

30, 1954.

AMENDMENTS

1964 - Subsec. (c). Pub. L. 88-489 inserted "whether owned by the

Government or others" and "and to provide continued assurance of

the Government's ability to enter into and enforce agreements with

nations or groups of nations for the control of special nuclear

materials and atomic weapons".

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2014 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2014. Definitions

-STATUTE-

The intent of Congress in the definitions as given in this

section should be construed from the words or phrases used in the

definitions. As used in this chapter:

(a) The term "agency of the United States" means the executive

branch of the United States, or any Government agency, or the

legislative branch of the United States, or any agency, committee,

commission, office, or other establishment in the legislative

branch, or the judicial branch of the United States, or any office,

agency, committee, commission, or other establishment in the

judicial branch.

(b) The term "agreement for cooperation" means any agreement with

another nation or regional defense organization authorized or

permitted by sections 2074, 2077, 2094, 2112, 2121(c), 2133, 2134,

or 2164 of this title, and made pursuant to section 2153 of this

title.

(c) The term "atomic energy" means all forms of energy released

in the course of nuclear fission or nuclear transformation.

(d) The term "atomic weapon" means any device utilizing atomic

energy, exclusive of the means for transporting or propelling the

device (where such means is a separable and divisible part of the

device), the principal purpose of which is for use as, or for

development of, a weapon, a weapon prototype, or a weapon test

device.

(e) The term "byproduct material" means (1) any radioactive

material (except special nuclear material) yielded in or made

radioactive by exposure to the radiation incident to the process of

producing or utilizing special nuclear material, and (2) the

tailings or wastes produced by the extraction or concentration of

uranium or thorium from any ore processed primarily for its source

material content.

(f) The term "Commission" means the Atomic Energy Commission.

(g) The term "common defense and security" means the common

defense and security of the United States.

(h) The term "defense information" means any information in any

category determined by any Government agency authorized to classify

information, as being information respecting, relating to, or

affecting the national defense.

(i) The term "design" means (1) specifications, plans, drawings,

blueprints, and other items of like nature; (2) the information

contained therein; or (3) the research and development data

pertinent to the information contained therein.

(j) The term "extraordinary nuclear occurrence" means any event

causing a discharge or dispersal of source, special nuclear, or

byproduct material from its intended place of confinement in

amounts offsite, or causing radiation levels offsite, which the

Nuclear Regulatory Commission or the Secretary of Energy, as

appropriate, determines to be substantial, and which the Nuclear

Regulatory Commission or the Secretary of Energy, as appropriate,

determines has resulted or will probably result in substantial

damages to persons offsite or property offsite. Any determination

by the Nuclear Regulatory Commission or the Secretary of Energy, as

appropriate, that such an event has, or has not, occurred shall be

final and conclusive, and no other official or any court shall have

power or jurisdiction to review any such determination. The Nuclear

Regulatory Commission or the Secretary of Energy, as appropriate,

shall establish criteria in writing setting forth the basis upon

which such determination shall be made. As used in this subsection,

"offsite" means away from "the location" or "the contract location"

as defined in the applicable Nuclear Regulatory Commission or the

Secretary of Energy, as appropriate, indemnity agreement, entered

into pursuant to section 2210 of this title.

(k) The term "financial protection" means the ability to respond

in damages for public liability and to meet the costs of

investigating and defending claims and settling suits for such

damages.

(l) The term "Government agency" means any executive department,

commission, independent establishment, corporation, wholly or

partly owned by the United States of America which is an

instrumentality of the United States, or any board, bureau,

division, service, office, officer, authority, administration, or

other establishment in the executive branch of the Government.

(m) The term "indemnitor" means (1) any insurer with respect to

his obligations under a policy of insurance furnished as proof of

financial protection; (2) any licensee, contractor or other person

who is obligated under any other form of financial protection, with

respect to such obligations; and (3) the Nuclear Regulatory

Commission or the Secretary of Energy, as appropriate, with respect

to any obligation undertaken by it in indemnity agreement entered

into pursuant to section 2210 of this title.

(n) The term "international arrangement" means any international

agreement hereafter approved by the Congress or any treaty during

the time such agreement or treaty is in full force and effect, but

does not include any agreement for cooperation.

(o) The term "Energy Committees" means the Committee on Energy

and Natural Resources of the Senate and the Committee on Energy and

Commerce of the House of Representatives.

(p) The term "licensed activity" means an activity licensed

pursuant to this chapter and covered by the provisions of section

2210(a) of this title.

(q) The term "nuclear incident" means any occurrence, including

an extraordinary nuclear occurrence, within the United States

causing, within or outside the United States, bodily injury,

sickness, disease, or death, or loss of or damage to property, or

loss of use of property, arising out of or resulting from the

radioactive, toxic, explosive, or other hazardous properties of

source, special nuclear, or byproduct material: Provided, however,

That as the term is used in section 2210(l) of this title, it shall

include any such occurrence outside the United States: And provided

further, That as the term is used in section 2210(d) of this title,

it shall include any such occurrence outside the United States if

such occurrence involves source, special nuclear, or byproduct

material owned by, and used by or under contract with, the United

States: And provided further, That as the term is used in section

2210(c) of this title, it shall include any such occurrence outside

both the United States and any other nation if such occurrence

arises out of or results from the radioactive, toxic, explosive, or

other hazardous properties of source, special nuclear, or byproduct

material licensed pursuant to subchapters V, VI, VII, and IX of

this division, which is used in connection with the operation of a

licensed stationary production or utilization facility or which

moves outside the territorial limits of the United States in

transit from one person licensed by the Nuclear Regulatory

Commission to another person licensed by the Nuclear Regulatory

Commission.

(r) The term "operator" means any individual who manipulates the

controls of a utilization or production facility.

(s) The term "person" means (1) any individual, corporation,

partnership, firm, association, trust, estate, public or private

institution, group, Government agency other than the Commission,

any State or any political subdivision of, or any political entity

within a State, any foreign government or nation or any political

subdivision of any such government or nation, or other entity; and

(2) any legal successor, representative, agent, or agency of the

foregoing.

(t) The term "person indemnified" means (1) with respect to a

nuclear incident occurring within the United States or outside the

United States as the term is used in section 2210(c) of this title,

and with respect to any nuclear incident in connection with the

design, development, construction, operation, repair, maintenance,

or use of the nuclear ship Savannah, the person with whom an

indemnity agreement is executed or who is required to maintain

financial protection, and any other person who may be liable for

public liability or (2) with respect to any other nuclear incident

occurring outside the United States, the person with whom an

indemnity agreement is executed and any other person who may be

liable for public liability by reason of his activities under any

contract with the Secretary of Energy or any project to which

indemnification under the provisions of section 2210(d) of this

title has been extended or under any subcontract, purchase order,

or other agreement, of any tier, under any such contract or

project.

(u) The term "produce", when used in relation to special nuclear

material, means (1) to manufacture, make, produce, or refine

special nuclear material; (2) to separate special nuclear material

from other substances in which such material may be contained; or

(3) to make or to produce new special nuclear material.

(v) The term "production facility" means (1) any equipment or

device determined by rule of the Commission to be capable of the

production of special nuclear material in such quantity as to be of

significance to the common defense and security, or in such manner

as to affect the health and safety of the public; or (2) any

important component part especially designed for such equipment or

device as determined by the Commission. Except with respect to the

export of a uranium enrichment production facility, such term as

used in subchapters IX and XV of this division shall not include

any equipment or device (or important component part especially

designed for such equipment or device) capable of separating the

isotopes of uranium or enriching uranium in the isotope 235.

(w) The term "public liability" means any legal liability arising

out of or resulting from a nuclear incident or precautionary

evacuation (including all reasonable additional costs incurred by a

State, or a political subdivision of a State, in the course of

responding to a nuclear incident or a precautionary evacuation),

except: (i) claims under State or Federal workmen's compensation

acts of employees of persons indemnified who are employed at the

site of and in connection with the activity where the nuclear

incident occurs; (ii) claims arising out of an act of war; and

(iii) whenever used in subsections (a), (c), and (k) of section

2210 of this title, claims for loss of, or damage to, or loss of

use of property which is located at the site of and used in

connection with the licensed activity where the nuclear incident

occurs. "Public liability" also includes damage to property of

persons indemnified: Provided, That such property is covered under

the terms of the financial protection required, except property

which is located at the site of and used in connection with the

activity where the nuclear incident occurs.

(x) The term "research and development" means (1) theoretical

analysis, exploration, or experimentation; or (2) the extension of

investigative findings and theories of a scientific or technical

nature into practical application for experimental and

demonstration purposes, including the experimental production and

testing of models, devices, equipment, materials, and processes.

(y) The term "Restricted Data" means all data concerning (1)

design, manufacture, or utilization of atomic weapons; (2) the

production of special nuclear material; or (3) the use of special

nuclear material in the production of energy, but shall not include

data declassified or removed from the Restricted Data category

pursuant to section 2162 of this title.

(z) The term "source material" means (1) uranium, thorium, or any

other material which is determined by the Commission pursuant to

the provisions of section 2091 of this title to be source material;

or (2) ores containing one or more of the foregoing materials, in

such concentration as the Commission may by regulation determine

from time to time.

(aa) The term "special nuclear material" means (1) plutonium,

uranium enriched in the isotope 233 or in the isotope 235, and any

other material which the Commission, pursuant to the provisions of

section 2071 of this title, determines to be special nuclear

material, but does not include source material; or (2) any material

artificially enriched by any of the foregoing, but does not include

source material.

(bb) The term "United States" when used in a geographical sense

includes all territories and possessions of the United States, the

Canal Zone and Puerto Rico.

(cc) The term "utilization facility" means (1) any equipment or

device, except an atomic weapon, determined by rule of the

Commission to be capable of making use of special nuclear material

in such quantity as to be of significance to the common defense and

security, or in such manner as to affect the health and safety of

the public, or peculiarly adapted for making use of atomic energy

in such quantity as to be of significance to the common defense and

security, or in such manner as to affect the health and safety of

the public; or (2) any important component part especially designed

for such equipment or device as determined by the Commission.

(dd) The terms "high-level radioactive waste" and "spent nuclear

fuel" have the meanings given such terms in section 10101 of this

title.

(ee) The term "transuranic waste" means material contaminated

with elements that have an atomic number greater than 92, including

neptunium, plutonium, americium, and curium, and that are in

concentrations greater than 10 nanocuries per gram, or in such

other concentrations as the Nuclear Regulatory Commission may

prescribe to protect the public health and safety.

(ff) The term "nuclear waste activities", as used in section 2210

of this title, means activities subject to an agreement of

indemnification under subsection (d) of such section, that the

Secretary of Energy is authorized to undertake, under this chapter

or any other law, involving the storage, handling, transportation,

treatment, or disposal of, or research and development on, spent

nuclear fuel, high-level radioactive waste, or transuranic waste,

including (but not limited to) activities authorized to be carried

out under the Waste Isolation Pilot Project under section 213 of

Public Law 96-164 (93 Stat. 1265).

(gg) The term "precautionary evacuation" means an evacuation of

the public within a specified area near a nuclear facility, or the

transportation route in the case of an accident involving

transportation of source material, special nuclear material,

byproduct material, high-level radioactive waste, spent nuclear

fuel, or transuranic waste to or from a production or utilization

facility, if the evacuation is -

(1) the result of any event that is not classified as a nuclear

incident but that poses imminent danger of bodily injury or

property damage from the radiological properties of source

material, special nuclear material, byproduct material,

high-level radioactive waste, spent nuclear fuel, or transuranic

waste, and causes an evacuation; and

(2) initiated by an official of a State or a political

subdivision of a State, who is authorized by State law to

initiate such an evacuation and who reasonably determined that

such an evacuation was necessary to protect the public health and

safety.

(hh) The term "public liability action", as used in section 2210

of this title, means any suit asserting public liability. A public

liability action shall be deemed to be an action arising under

section 2210 of this title, and the substantive rules for decision

in such action shall be derived from the law of the State in which

the nuclear incident involved occurs, unless such law is

inconsistent with the provisions of such section.

(jj) (!1) Legal Costs. - As used in section 2210 of this title,

the term "legal costs" means the costs incurred by a plaintiff or a

defendant in initiating, prosecuting, investigating, settling, or

defending claims or suits for damage arising under such section.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 11, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 922; amended Aug. 6, 1956, ch. 1015,

Sec. 1, 70 Stat. 1069; Pub. L. 85-256, Sec. 3, Sept. 2, 1957, 71

Stat. 576; Pub. L. 85-602, Sec. 1, Aug. 8, 1958, 72 Stat. 525; Pub.

L. 87-206, Secs. 2, 3, Sept. 6, 1961, 75 Stat. 476; Pub. L. 87-615,

Secs. 4, 5, Aug. 29, 1962, 76 Stat. 410; Pub. L. 89-645, Sec. 1(a),

Oct. 13, 1966, 80 Stat. 891; Pub. L. 94-197, Sec. 1, Dec. 31, 1975,

89 Stat. 1111; Pub. L. 95-604, title II, Sec. 201, Nov. 8, 1978, 92

Stat. 3033; Pub. L. 100-408, Secs. 4(b)-5(b), 11(b), (d)(2),

16(a)(1), (b)(1), (2), (d)(1)-(3), Aug. 20, 1988, 102 Stat. 1069,

1070, 1076, 1078-1080; Pub. L. 101-575, Sec. 5(a), Nov. 15, 1990,

104 Stat. 2835; renumbered title I and amended Pub. L. 102-486,

title IX, Sec. 902(a)(8), title XI, Sec. 1102, Oct. 24, 1992, 106

Stat. 2944, 2955; Pub. L. 103-437, Sec. 15(f)(1), Nov. 2, 1994, 108

Stat. 4592; Pub. L. 104-134, title III, Sec. 3116(b)(1), Apr. 26,

1996, 110 Stat. 1321-349.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (bb), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

Section 213 of Public Law 96-164, referred to in subsec. (ff), is

Pub. L. 96-164, title II, Sec. 213, Dec. 29, 1979, 93 Stat. 1265,

which is not classified to the Code.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in section 18 of act Aug. 1, 1946, ch. 724, 60 Stat. 774,

which was classified to section 1818 of this title, prior to the

general amendment and renumbering of act Aug. 1, 1946, by act Aug.

30, 1954.

AMENDMENTS

1996 - Subsec. (v). Pub. L. 104-134, which directed the amendment

of subsec. (v) by striking out "or the construction and operation

of a uranium enrichment facility using Atomic Vapor Laser Isotope

Separation technology", was executed by striking out "or the

construction and operation of a uranium enrichment production

facility using Atomic Vapor Laser Isotope Separation technology"

before ", such term as used", to reflect the probable intent of

Congress.

1994 - Subsec. (o). Pub. L. 103-437 substituted " 'Energy

Committees' means the Committee on Energy and Natural Resources of

the Senate and the Committee on Energy and Commerce of the House of

Representatives" for " 'Joint Committee' means the Joint Committee

on Atomic Energy".

1992 - Subsec. (v). Pub. L. 102-486 amended last sentence

generally. Prior to amendment, last sentence read as follows:

"Except with respect to the export of a uranium enrichment

production facility, such term as used in subchapters IX and XV of

this division shall not include any equipment or device (or

important component part especially designed for such equipment or

device) capable of separating the isotopes of uranium or enriching

uranium in the isotope 235."

1990 - Subsec. (v). Pub. L. 101-575 inserted at end "Except with

respect to the export of a uranium enrichment production facility,

such term as used in subchapters IX and XV of this chapter shall

not include any equipment or device (or important component part

especially designed for such equipment or device) capable of

separating the isotopes of uranium or enriching uranium in the

isotope 235."

1988 - Subsecs. (j), (m). Pub. L. 100-408, Sec. 16(b)(1),

substituted "Nuclear Regulatory Commission or the Secretary of

Energy, as appropriate," for "Commission" wherever appearing.

Subsec. (q). Pub. L. 100-408, Sec. 16(d)(1), substituted

"section" for "subsection" in three places, which for purposes of

codification was translated as "section", thus requiring no change

in text.

Pub. L. 100-408, Sec. 16(a)(1), substituted "Nuclear Regulatory

Commission" for "Commission" wherever appearing.

Subsec. (t). Pub. L. 100-408, Sec. 16(d)(2), substituted

"section" for "subsection" in two places, which for purposes of

codification was translated as "section", thus requiring no change

in text.

Pub. L. 100-408, Sec. 16(b)(2), substituted "Secretary of Energy"

for "Commission" in cl. (2).

Subsec. (w). Pub. L. 100-408, Sec. 16(d)(3), substituted

"subsections (a), (c), and (k) of section 2210 of this title" for

"section 2210(a), (c), and (k) of this title".

Pub. L. 100-408, Sec. 5(a), inserted "or precautionary evacuation

(including all reasonable additional costs incurred by a State, or

a political subdivision of a State, in the course of responding to

a nuclear incident or a precautionary evacuation)" after first

reference to "nuclear incident".

Subsecs. (dd) to (ff). Pub. L. 100-408, Sec. 4(b), added subsecs.

(dd) to (ff).

Subsec. (gg). Pub. L. 100-408, Sec. 5(b), added subsec. (gg).

Subsec. (hh). Pub. L. 100-408, Sec. 11(b), added subsec. (hh).

Subsec. (jj). Pub. L. 100-408, Sec. 11(d)(2), added subsec. (jj).

1978 - Subsec. (e). Pub. L. 95-604 designated existing provisions

as cl. (1) and added cl. (2).

1975 - Subsec. (q). Pub. L. 94-197 substituted "source, special

nuclear, or byproduct material" for "facility or device" and

inserted proviso to include within term as used in section 2210(c)

of this title any occurrence outside both the United States and any

other nation.

Subsec. (t). Pub. L. 94-197 expanded definition to include

nuclear incidents occurring outside the United States as the term

is used in section 2210(c) of this title and inserted reference to

person required to maintain financial protection.

1966 - Subsec. (j). Pub. L. 89-645, Sec. 1(a)(2), added subsec.

(j). Former subsec. (j) redesignated (k).

Subsecs. (k), (l). Pub. L. 89-645, Sec. 1(a)(1), redesignated

former subsecs. (j) and (k) as (k) and (l), respectively. Former

subsec. (l) redesignated (n).

Subsec. (m). Pub. L. 89-645, Sec. 1(a)(3), added subsec. (m).

Former subsec. (m) redesignated (o).

Subsecs. (n) to (p). Pub. L. 89-645, Sec. 1(a)(1), redesignated

former subsecs. (l) to (n) as (n) to (p), respectively. Former

subsecs. (n) to (p) redesignated (p) to (r), respectively.

Subsec. (q). Pub. L. 89-645, Sec. 1(a)(1), (4), redesignated

former subsec. (o) as (q) and inserted ", including an

extraordinary nuclear occurrence," between "occurrence" and

"within", respectively. Former subsec. (q) redesignated (s).

Subsecs. (r) to (cc). Pub. L. 89-645, Sec. 1(a)(1), redesignated

former subsecs. (p) to (aa) as (r) to (cc), respectively.

1962 - Subsec. (o). Pub. L. 87-615, Sec. 4, enlarged definition

of "nuclear incident" to include any occurrence within the United

States causing any of the listed injuries and damages within or

outside the United States, provided that as used in section 2210(l)

of this title, term shall "include" instead of "mean" any such

occurrence outside the United States, and that as used in section

2210(d) of this title, the term shall include any such occurrence

outside the United States if such occurrence involves a facility or

devise owned by, and used by or under contract with, the United

States.

Subsec. (r). Pub. L. 87-615, Sec. 5, limited definition of

"person indemnified" to nuclear incidents occurring within the

United States, or in connection with the nuclear ship Savannah, and

inserted provisions with respect to nuclear incidents occurring

outside the United States.

1961 - Subsec. (b). Pub. L. 87-206, Sec. 2, included section

2121(c) of this title in enumeration.

Subsec. (u). Pub. L. 87-206, Sec. 3, designated existing

provisions as cls. (i) and (ii) and added cl. (iii).

1958 - Subsec. (o). Pub. L. 85-602 inserted proviso defining

"nuclear incident" as it is used in section 2210(l) of this title.

1957 - Subsec. (j). Pub. L. 85-256 added subsec. (j). Former

subsec. (j) redesignated (k).

Subsecs. (k) to (m). Pub. L. 85-256, redesignated former subsecs.

(j) to (l) as (k) to (m), respectively. Former subsec. (m)

redesignated (p).

Subsec. (n). Pub. L. 85-256 added subsec. (n). Former subsec. (n)

redesignated (q).

Subsec. (o). Pub. L. 85-256 added subsec. (o). Former subsec. (o)

redesignated (s).

Subsecs. (p), (q). Pub. L. 85-256 redesignated former subsecs.

(m) and (n) as (p) and (q), respectively. Former subsecs. (p) and

(q) redesignated (t) and (u), respectively.

Subsec. (r). Pub. L. 85-256 added subsec. (r). Former subsec. (r)

redesignated (w).

Subsecs. (s), (t). Pub. L. 85-256 redesignated former subsecs.

(o) and (p) as (s) and (t), respectively. Former subsecs. (s) and

(t) redesignated (x) and (y), respectively.

Subsec. (u). Pub. L. 85-256 added subsec. (u). Former subsec. (u)

redesignated (z).

Subsecs. (v) to (aa). Pub. L. 85-256 redesignated former subsecs.

(q) to (v) as (v) to (aa), respectively.

1956 - Subsec. (u). Act Aug. 6, 1956, substituted "the Canal Zone

and Puerto Rico" for "and the Canal Zone".

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC2-

EFFECTIVE DATE OF 1988 AMENDMENT

Section 20 of Pub. L. 100-408 provided that:

"(a) Except as provided in subsection (b), the amendments made by

this Act [enacting section 2282a of this title and amending this

section and sections 2210 and 2273 of this title] shall become

effective on the date of the enactment of this Act [Aug. 20, 1988]

and shall be applicable with respect to nuclear incidents occurring

on or after such date.

"(b)(1) The amendments made by section 11 [amending this section

and section 2210 of this title] shall apply to nuclear incidents

occurring before, on, or after the date of the enactment of this

Act.

"(2)(A) Section 234A of the Atomic Energy Act of 1954 [section

2282a of this title] shall not apply to any violation occurring

before the date of the enactment of this Act.

"(B) Section 223 c. of the Atomic Energy Act of 1954 [section

2273(c) of this title] shall not apply to any violation occurring

before the date of enactment of this Act."

EFFECTIVE DATE OF 1978 AMENDMENT

Section 208 of Pub. L. 95-604 provided that: "Except as otherwise

provided in this title [see section 202(b) of Pub. L. 95-604, set

out as an Effective Date note under section 2113 of this title] the

amendments made by this title [enacting sections 2022 and 2114 of

this title, amending this section and sections 2021, 2111, and 2201

of this title, and enacting provisions set out as notes under

sections 2021 and 2113 of this title] shall take effect on the date

of the enactment of this Act [Nov. 8, 1978]."

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021, 2021b, 2022, 2077,

2113, 2114, 2139, 2153b, 2201, 2204a, 2273, 2286g, 2291, 2296a-3,

7274j, 7383j, 7384l, 7384q, 7922, 10101 of this title; title 10

section 801; title 18 section 1030; title 22 section 6305; title 50

section 2471.

-FOOTNOTE-

(!1) So in original. No subsec. (ii) has been enacted.

-End-

-CITE-

42 USC Sec. 2015 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2015. Transfer of property

-STATUTE-

Nothing in this chapter shall be deemed to repeal, modify, amend,

or alter the provisions of section 9(a) of the Atomic Energy Act of

1946, as heretofore amended.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 241, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 960; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-REFTEXT-

REFERENCES IN TEXT

Section 9(a) of the Atomic Energy Act of 1946, as heretofore

amended, referred to in text, which was formerly classified to

section 1809(a) of this title, provided that: "The President shall

direct the transfer to the Commission of all interests owned by the

United States or any Government agency in the following property:

"(1) All fissionable material; all atomic weapons and parts

thereof; all facilities, equipment, and materials for the

processing, production, or utilization of fissionable material or

atomic energy; all processes and technical information of any kind,

and the source thereof (including data, drawings, specifications,

patents, patent applications, and other sources (relating to the

processing, production, or utilization of fissionable material or

atomic energy; and all contracts, agreements, leases, patents,

applications for patents, inventions and discoveries (whether

patented or unpatented), and other rights of any kind concerning

any such items;

"(2) All facilities, equipment, and materials, devoted primarily

to atomic energy research and development; and

"(3) Such other property owned by or in the custody or control of

the Manhattan Engineer District or other Government agencies as the

President may determine."

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in section 9 of act Aug. 1, 1946, ch. 724, 60 Stat. 765,

which was classified to section 1809 of this title, prior to the

complete amendment and renumbering of act Aug. 1, 1946, by act Aug.

30, 1954.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2015a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2015a. Cold standby

-STATUTE-

The Secretary is authorized to expend such funds as may be

necessary for the purposes of maintaining enrichment capability at

the Portsmouth, Ohio, facility.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 242, as added Pub. L.

107-222, Sec. 1(d)(1), Aug. 21, 2002, 116 Stat. 1336.)

-End-

-CITE-

42 USC Sec. 2016 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2016. Repealed. Pub. L. 105-85, div. C, title XXXI, Sec.

3152(a)(1), Nov. 18, 1997, 111 Stat. 2042

-MISC1-

Section, act Aug. 1, 1946, ch. 724, title I, Sec. 251, as added

Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 960; amended June 11,

1959, Pub. L. 86-43, 73 Stat. 73; renumbered title I, Oct. 24,

1992, Pub. L. 102-486, title IX, Sec. 902(a)(8), 106 Stat. 2944,

required Commission to submit to Congress annual report on its

activities.

-End-

-CITE-

42 USC Sec. 2017 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2017. Authorization of appropriations

-STATUTE-

(a) Congressional authorization

No appropriation shall be made to the Commission, nor shall the

Commission waive charges for the use of materials under the

Cooperative Power Reactor Demonstration Program, unless previously

authorized by legislation enacted by the Congress.

(b) Accounting

Any Act appropriating funds to the Commission may appropriate

specified portions thereof to be accounted for upon the

certification of the Commission only.

(c) Restoration or replacement of facilities

Notwithstanding the provisions of subsection (a) of this section,

funds are hereby authorized to be appropriated for the restoration

or replacement of any plant or facility destroyed or otherwise

seriously damaged, and the Commission is authorized to use

available funds for such purposes.

(d) Substituted construction projects

Funds authorized to be appropriated for any construction project

to be used in connection with the development or production of

special nuclear material or atomic weapons may be used to start

another construction project not otherwise authorized if the

substituted construction project is within the limit of cost of the

construction project for which substitution is to be made, and the

Commission certifies that -

(1) the substituted project is essential to the common defense

and security;

(2) the substituted project is required by changes in weapon

characteristics or weapon logistic operations; and

(3) the Commission is unable to enter into a contract with any

person on terms satisfactory to it to furnish from a privately

owned plant or facility the product or services to be provided by

the new project.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 261, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 960; amended Pub. L. 85-79, Sec. 1, July

3, 1957, 71 Stat. 274; Pub. L. 87-615, Sec. 8, Aug. 29, 1962, 76

Stat. 411; Pub. L. 88-72, Sec. 107, July 22, 1963, 77 Stat. 88;

renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.

24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in section 19 of act Aug. 1, 1946, ch. 724, 60 Stat. 775,

which was classified to section 1819 of this title, prior to the

general amendment and renumbering of act Aug. 1, 1946, by act Aug.

30, 1954.

AMENDMENTS

1963 - Subsec. (a). Pub. L. 88-72 required legislative

authorization of appropriations to the Commission and waiver of

charges for use of materials under the Cooperative Power Reactor

Demonstration Program. Former provisions of subsec. (a) authorized

appropriations necessary and appropriate to carry out the

provisions and purposes of this chapter, excepting in par. (1) sums

necessary for acquisition of real property or facility acquisition,

construction or expansion (and deeming under certain conditions a

nonmilitary experimental reactor to be a facility) and in par. (2)

sums necessary to carry out cooperative programs for development

and construction of reactors for demonstration of their use in

production of electrical power or process heat, or for propulsion,

or for commercial provision of byproduct material, irradiation or

other special service, for civilian use, by arrangements providing

for payment of funds, rendering of services and undertaking of

research and development without full reimbursement, the waiver of

charges accompanying such arrangement or the provision of other

financial assistance pursuant to such arrangement or the

acquisition of real property or facility acquisition, construction

or expansion undertaken by the Commission as part of such

arrangement.

Subsec. (b). Pub. L. 88-72 substituted "Any act appropriating

funds to the Commission" for "The acts appropriating such sums."

Subsec. (c). Pub. L. 88-72 struck out authorization of funds

provision for advance planning, construction design and

architectural services in connection with any plant or facility and

inserted "Notwithstanding" phrase.

Subsec. (d). Pub. L. 88-72 struck out "hereafter" after "Funds"

and inserted "construction" before "project" wherever appearing.

1962 - Subsecs. (c), (d). Pub. L. 87-615 added subsecs. (c) and

(d).

1957 - Pub. L. 85-79 designated first sentence as introductory

clause of subsec. (a) and as (a)(1), inserted proviso to (a)(1),

added (a)(2), by designating second sentence as subsec. (b), and

struck out former sentence which provided that "Funds appropriated

to the Commission shall, if obligated by contract during the fiscal

year for which appropriated, remain available for expenditure for

four years following the expiration of the fiscal year for which

appropriated.".

EFFECTIVE DATE OF 1963 AMENDMENT

Section 107 of Pub. L. 88-72 provided that the amendment made by

that section is effective Jan. 1, 1964.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2292, 2293, 5821 of this

title.

-End-

-CITE-

42 USC Sec. 2017a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2017a. Omitted

-COD-

CODIFICATION

Section, act Sept. 26, 1962, Pub. L. 87-701, Sec. 103, 76 Stat.

601, which authorized appropriations for the Atomic Energy

Commission for advance planning, construction design, and

architectural services in connection with certain projects, was

from an Act authorizing appropriations for the Atomic Energy

Commission, and was not enacted as part of the Atomic Energy Act of

1954 which comprises this chapter. See section 2017a-1 of this

title.

Similar provisions were contained in the following prior

appropriation authorization acts:

Sept. 26, 1961, Pub. L. 87-315, Sec. 103, 75 Stat. 678.

May 13, 1960, Pub. L. 86-457, Sec. 103, 74 Stat. 121.

June 23, 1959, Pub. L. 86-50, Sec. 103, 73 Stat. 83.

Aug. 4, 1958, Pub. L. 85-590, Sec. 103, 72 Stat. 493.

Aug. 21, 1957, Pub. L. 85-162, title I, Sec. 103, 71 Stat. 406.

May 3, 1956, ch. 233, Sec. 103, 70 Stat. 129.

July 11, 1955, ch. 304, Sec. 103, 69 Stat. 293.

-End-

-CITE-

42 USC Sec. 2017a-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2017a-1. Omitted

-COD-

CODIFICATION

Section, Pub. L. 95-39, title III, Sec. 304, June 3, 1977, 91

Stat. 189, which authorized the Administrator of the Energy

Research and Development Administration to perform construction

design services for any Administration construction project

whenever the Administrator made certain determinations, was from an

Act authorizing appropriations for fiscal year 1977 to the Energy

Research and Development Administration, and was not enacted as

part of the Atomic Energy Act of 1954 which comprises this chapter.

See section 5821(g) of this title.

Similar provisions were contained in the following prior

appropriation authorization acts:

Pub. L. 94-187, title III, Sec. 301, Dec. 31, 1975, 89 Stat.

1073.

Pub. L. 93-276, title I, Sec. 103, May 10, 1974, 88 Stat. 118.

Pub. L. 93-60, Sec. 103, July 6, 1973, 87 Stat. 144.

Pub. L. 92-314, title I, Sec. 103, June 16, 1972, 86 Stat. 225.

Pub. L. 92-84, title I, Sec. 103, Aug. 11, 1971, 85 Stat. 306.

Pub. L. 91-273, Sec. 103, June 2, 1970, 84 Stat. 300.

Pub. L. 91-44, Sec. 103, July 11, 1969, 83 Stat. 47.

Pub. L. 90-289, Sec. 103, Apr. 19, 1968, 82 Stat. 97.

Pub. L. 90-56, Sec. 103, July 26, 1967, 81 Stat. 125.

Pub. L. 89-428, Sec. 103, May 21, 1966, 80 Stat. 163.

Pub. L. 89-32, Sec. 103, June 2, 1965, 79 Stat. 122.

Pub. L. 88-332, Sec. 104, June 30, 1964, 78 Stat. 229.

-End-

-CITE-

42 USC Sec. 2017b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2017b. Omitted

-COD-

CODIFICATION

Section, act Sept. 26, 1962, Pub. L. 87-701, Sec. 104, 76 Stat.

601, which authorized appropriations for the Atomic Energy

Commission for restoration or replacement of facilities, was from

an Act authorizing appropriations for the Atomic Energy Commission,

and was not enacted as part of the Atomic Energy Act of 1954 which

comprises this chapter. See section 2017(c) of this title.

Similar provisions were contained in the following prior

appropriation authorization acts:

Sept. 26, 1961, Pub. L. 87-315, Sec. 104, 75 Stat. 678.

May 13, 1960, Pub. L. 86-457, Sec. 104, 74 Stat. 122.

June 23, 1959, Pub. L. 86-50, Sec. 104, 73 Stat. 83.

Aug. 4, 1958, Pub. L. 85-590, 72 Stat. 493.

Aug. 21, 1957, Pub. L. 85-162, title I, Sec. 104, 71 Stat. 406.

May 3, 1956, ch. 233, Sec. 104, 70 Stat. 129.

July 11, 1955, ch. 304, Sec. 104, 69 Stat. 293.

-End-

-CITE-

42 USC Sec. 2018 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2018. Agency jurisdiction

-STATUTE-

Nothing in this chapter shall be construed to affect the

authority or regulations of any Federal, State, or local agency

with respect to the generation, sale, or transmission of electric

power produced through the use of nuclear facilities licensed by

the Commission: Provided, That this section shall not be deemed to

confer upon any Federal, State, or local agency any authority to

regulate, control, or restrict any activities of the Commission.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 271, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 960; amended Pub. L. 89-135, Aug. 24,

1965, 79 Stat. 551; renumbered title I, Pub. L. 102-486, title IX,

Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

AMENDMENTS

1965 - Pub. L. 89-135 inserted "produced through the use of

nuclear facilities licensed by the Commission: Provided, That this

section shall not be deemed to confer upon any Federal, State, or

local agency any authority to regulate, control, or restrict any

activities of the Commission."

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2019 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2019. Applicability of Federal Power Act

-STATUTE-

Every licensee under this chapter who holds a license from the

Commission for a utilization or production facility for the

generation of commercial electric energy under section 2133 of this

title and who transmits such electric energy in interstate commerce

or sells it at wholesale in interstate commerce shall be subject to

the regulatory provisions of the Federal Power Act [16 U.S.C. 791a

et seq.].

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 272, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 960; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in text, is act June 10, 1920,

ch. 285, 41 Stat. 1063, as amended, which is classified generally

to chapter 12 (Sec. 791a et seq.) of Title 16, Conservation. For

complete classification of this Act to the Code, see section 791a

of Title 16 and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2020 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2020. Licensing of Government agencies

-STATUTE-

Nothing in this chapter shall preclude any Government agency now

or hereafter authorized by law to engage in the production,

marketing, or distribution of electric energy from obtaining a

license under section 2133 of this title, if qualified under the

provisions of said section, for the construction and operation of

production or utilization facilities for the primary purpose of

producing electric energy for disposition for ultimate public

consumption.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 273, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 960; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2021 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2021. Cooperation with States

-STATUTE-

(a) Purpose

It is the purpose of this section -

(1) to recognize the interests of the States in the peaceful

uses of atomic energy, and to clarify the respective

responsibilities under this chapter of the States and the

Commission with respect to the regulation of byproduct, source,

and special nuclear materials;

(2) to recognize the need, and establish programs for,

cooperation between the States and the Commission with respect to

control of radiation hazards associated with use of such

materials;

(3) to promote an orderly regulatory pattern between the

Commission and State governments with respect to nuclear

development and use and regulation of byproduct, source, and

special nuclear materials;

(4) to establish procedures and criteria for discontinuance of

certain of the Commission's regulatory responsibilities with

respect to byproduct, source, and special nuclear materials, and

the assumption thereof by the States;

(5) to provide for coordination of the development of radiation

standards for the guidance of Federal agencies and cooperation

with the States; and

(6) to recognize that, as the States improve their capabilities

to regulate effectively such materials, additional legislation

may be desirable.

(b) Agreements with States

Except as provided in subsection (c) of this section, the

Commission is authorized to enter into agreements with the Governor

of any State providing for discontinuance of the regulatory

authority of the Commission under subchapters V, VI, and VII of

this division, and section 2201 of this title, with respect to any

one or more of the following materials within the State -

(1) byproduct materials as defined in section 2014(e)(1) of

this title;

(2) byproduct materials as defined in section 2014(e)(2) of

this title;

(3) source materials;

(4) special nuclear materials in quantities not sufficient to

form a critical mass.

During the duration of such an agreement it is recognized that the

State shall have authority to regulate the materials covered by the

agreement for the protection of the public health and safety from

radiation hazards.

(c) Commission regulation of certain activities

No agreement entered into pursuant to subsection (b) of this

section shall provide for discontinuance of any authority and the

Commission shall retain authority and responsibility with respect

to regulation of -

(1) the construction and operation of any production or

utilization facility or any uranium enrichment facility;

(2) the export from or import into the United States of

byproduct, source, or special nuclear material, or of any

production or utilization facility;

(3) the disposal into the ocean or sea of byproduct, source, or

special nuclear waste materials as defined in regulations or

orders of the Commission;

(4) the disposal of such other byproduct, source, or special

nuclear material as the Commission determines by regulation or

order should, because of the hazards or potential hazards

thereof, not be so disposed of without a license from the

Commission.

The Commission shall also retain authority under any such agreement

to make a determination that all applicable standards and

requirements have been met prior to termination of a license for

byproduct material, as defined in section 2014(e)(2) of this title.

Notwithstanding any agreement between the Commission and any State

pursuant to subsection (b) of this section, the Commission is

authorized by rule, regulation, or order to require that the

manufacturer, processor, or producer of any equipment, device,

commodity, or other product containing source, byproduct, or

special nuclear material shall not transfer possession or control

of such product except pursuant to a license issued by the

Commission.

(d) Conditions

The Commission shall enter into an agreement under subsection (b)

of this section with any State if -

(1) The Governor of that State certifies that the State has a

program for the control of radiation hazards adequate to protect

the public health and safety with respect to the materials within

the State covered by the proposed agreement, and that the State

desires to assume regulatory responsibility for such materials;

and

(2) the Commission finds that the State program is in

accordance with the requirements of subsection (o) of this

section and in all other respects compatible with the

Commission's program for the regulation of such materials, and

that the State program is adequate to protect the public health

and safety with respect to the materials covered by the proposed

agreement.

(e) Publication in Federal Register; comment of interested persons

(1) Before any agreement under subsection (b) of this section is

signed by the Commission, the terms of the proposed agreement and

of proposed exemptions pursuant to subsection (f) of this section

shall be published once each week for four consecutive weeks in the

Federal Register; and such opportunity for comment by interested

persons on the proposed agreement and exemptions shall be allowed

as the Commission determines by regulation or order to be

appropriate.

(2) Each proposed agreement shall include the proposed effective

date of such proposed agreement or exemptions. The agreement and

exemptions shall be published in the Federal Register within thirty

days after signature by the Commission and the Governor.

(f) Exemptions

The Commission is authorized and directed, by regulation or

order, to grant such exemptions from the licensing requirements

contained in subchapters V, VI, and VII of this division, and from

its regulations applicable to licensees as the Commission finds

necessary or appropriate to carry out any agreement entered into

pursuant to subsection (b) of this section.

(g) Compatible radiation standards

The Commission is authorized and directed to cooperate with the

States in the formulation of standards for protection against

hazards of radiation to assure that State and Commission programs

for protection against hazards of radiation will be coordinated and

compatible.

(h) Consultative, advisory, and miscellaneous functions of

Administrator of Environmental Protection Agency

The Administrator of the Environmental Protection Agency shall

consult qualified scientists and experts in radiation matters,

including the President of the National Academy of Sciences, the

Chairman of the National Committee on Radiation Protection and

Measurement, and qualified experts in the field of biology and

medicine and in the field of health physics. The Special Assistant

to the President for Science and Technology, or his designee, is

authorized to attend meetings with, participate in the

deliberations of, and to advise the Administrator. The

Administrator shall advise the President with respect to radiation

matters, directly or indirectly affecting health, including

guidance for all Federal agencies in the formulation of radiation

standards and in the establishment and execution of programs of

cooperation with States. The Administrator shall also perform such

other functions as the President may assign to him by Executive

order.

(i) Inspections and other functions; training and other assistance

The Commission in carrying out its licensing and regulatory

responsibilities under this chapter is authorized to enter into

agreements with any State, or group of States, to perform

inspections or other functions on a cooperative basis as the

Commission deems appropriate. The Commission is also authorized to

provide training, with or without charge, to employees of, and such

other assistance to, any State or political subdivision thereof or

group of States as the Commission deems appropriate. Any such

provision or assistance by the Commission shall take into account

the additional expenses that may be incurred by a State as a

consequence of the State's entering into an agreement with the

Commission pursuant to subsection (b) of this section.

(j) Reserve power to terminate or suspend agreements; emergency

situations; State nonaction on causes of danger; authority

exercisable only during emergency and commensurate with danger

(1) The Commission, upon its own initiative after reasonable

notice and opportunity for hearing to the State with which an

agreement under subsection (b) of this section has become

effective, or upon request of the Governor of such State, may

terminate or suspend all or part of its agreement with the State

and reassert the licensing and regulatory authority vested in it

under this chapter, if the Commission finds that (1) such

termination or suspension is required to protect the public health

and safety, or (2) the State has not complied with one or more of

the requirements of this section. The Commission shall periodically

review such agreements and actions taken by the States under the

agreements to ensure compliance with the provisions of this

section.

(2) The Commission, upon its own motion or upon request of the

Governor of any State, may, after notifying the Governor,

temporarily suspend all or part of its agreement with the State

without notice or hearing if, in the judgment of the Commission:

(A) an emergency situation exists with respect to any material

covered by such an agreement creating danger which requires

immediate action to protect the health or safety of persons

either within or outside the State, and

(B) the State has failed to take steps necessary to contain or

eliminate the cause of the danger within a reasonable time after

the situation arose.

A temporary suspension under this paragraph shall remain in effect

only for such time as the emergency situation exists and shall

authorize the Commission to exercise its authority only to the

extent necessary to contain or eliminate the danger.

(k) State regulation of activities for certain purposes

Nothing in this section shall be construed to affect the

authority of any State or local agency to regulate activities for

purposes other than protection against radiation hazards.

(l) Commission regulated activities; notice of filing; hearing

With respect to each application for Commission license

authorizing an activity as to which the Commission's authority is

continued pursuant to subsection (c) of this section, the

Commission shall give prompt notice to the State or States in which

the activity will be conducted of the filing of the license

application; and shall afford reasonable opportunity for State

representatives to offer evidence, interrogate witnesses, and

advise the Commission as to the application without requiring such

representatives to take a position for or against the granting of

the application.

(m) Limitation of agreements and exemptions

No agreement entered into under subsection (b) of this section,

and no exemption granted pursuant to subsection (f) of this

section, shall affect the authority of the Commission under section

2201(b) or (i) of this title to issue rules, regulations, or orders

to protect the common defense and security, to protect restricted

data or to guard against the loss or diversion of special nuclear

material. For purposes of section 2201(i) of this title, activities

covered by exemptions granted pursuant to subsection (f) of this

section shall be deemed to constitute activities authorized

pursuant to this chapter; and special nuclear material acquired by

any person pursuant to such an exemption shall be deemed to have

been acquired pursuant to section 2073 of this title.

(n) "State" and "agreement" defined

As used in this section, the term "State" means any State,

Territory, or possession of the United States, the Canal Zone,

Puerto Rico, and the District of Columbia. As used in this section,

the term "agreement" includes any amendment to any agreement.

(o) State compliance requirements: compliance with section 2113(b)

of this title and health and environmental protection standards;

procedures for licenses, rulemaking, and license impact analysis;

amendment of agreements for transfer of State collected funds;

proceedings duplication restriction; alternative requirements

In the licensing and regulation of byproduct material, as defined

in section 2014(e)(2) of this title, or of any activity which

results in the production of byproduct material as so defined under

an agreement entered into pursuant to subsection (b) of this

section, a State shall require -

(1) compliance with the requirements of subsection (b) of

section 2113 of this title (respecting ownership of byproduct

material and land), and

(2) compliance with standards which shall be adopted by the

State for the protection of the public health, safety, and the

environment from hazards associated with such material which are

equivalent, to the extent practicable, or more stringent than,

standards adopted and enforced by the Commission for the same

purpose, including requirements and standards promulgated by the

Commission and the Administrator of the Environmental Protection

Agency pursuant to sections 2113, 2114, and 2022 of this title,

and

(3) procedures which -

(A) in the case of licenses, provide procedures under State

law which include -

(i) an opportunity, after public notice, for written

comments and a public hearing, with a transcript,

(ii) an opportunity for cross examination, and

(iii) a written determination which is based upon findings

included in such determination and upon the evidence

presented during the public comment period and which is

subject to judicial review;

(B) in the case of rulemaking, provide an opportunity for

public participation through written comments or a public

hearing and provide for judicial review of the rule;

(C) require for each license which has a significant impact

on the human environment a written analysis (which shall be

available to the public before the commencement of any such

proceedings) of the impact of such license, including any

activities conducted pursuant thereto, on the environment,

which analysis shall include -

(i) an assessment of the radiological and nonradiological

impacts to the public health of the activities to be

conducted pursuant to such license;

(ii) an assessment of any impact on any waterway and

groundwater resulting from such activities;

(iii) consideration of alternatives, including alternative

sites and engineering methods, to the activities to be

conducted pursuant to such license; and

(iv) consideration of the long-term impacts, including

decommissioning, decontamination, and reclamation impacts,

associated with activities to be conducted pursuant to such

license, including the management of any byproduct material,

as defined by section 2014(e)(2) of this title; and

(D) prohibit any major construction activity with respect to

such material prior to complying with the provisions of

subparagraph (C).

If any State under such agreement imposes upon any licensee any

requirement for the payment of funds to such State for the

reclamation or long-term maintenance and monitoring of such

material, and if transfer to the United States of such material is

required in accordance with section 2113(b) of this title, such

agreement shall be amended by the Commission to provide that such

State shall transfer to the United States upon termination of the

license issued to such licensee the total amount collected by such

State from such licensee for such purpose. If such payments are

required, they must be sufficient to ensure compliance with the

standards established by the Commission pursuant to section 2201(x)

of this title. No State shall be required under paragraph (3) to

conduct proceedings concerning any license or regulation which

would duplicate proceedings conducted by the Commission. In

adopting requirements pursuant to paragraph (2) of this subsection

with respect to sites at which ores are processed primarily for

their source material content or which are used for the disposal of

byproduct material as defined in section 2014(e)(2) of this title,

the State may adopt alternatives (including, where appropriate,

site-specific alternatives) to the requirements adopted and

enforced by the Commission for the same purpose if, after notice

and opportunity for public hearing, the Commission determines that

such alternatives will achieve a level of stabilization and

containment of the sites concerned, and a level of protection for

public health, safety, and the environment from radiological and

nonradiological hazards associated with such sites, which is

equivalent to, to the extent practicable, or more stringent than

the level which would be achieved by standards and requirements

adopted and enforced by the Commission for the same purpose and any

final standards promulgated by the Administrator of the

Environmental Protection Agency in accordance with section 2022 of

this title. Such alternative State requirements may take into

account local or regional conditions, including geology,

topography, hydrology and meteorology.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 274, as added Pub. L. 86-373,

Sec. 1, Sept. 23, 1959, 73 Stat. 688; amended 1970 Reorg. Plan No.

3, Secs. 2(a)(7), 6(2), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat.

2086; Pub. L. 95-604, title II, Sec. 204(a)-(e)(1), (f), Nov. 8,

1978, 92 Stat. 3036-3038; Pub. L. 96-295, title II, Sec. 205, June

30, 1980, 94 Stat. 787; Pub. L. 97-415, Sec. 19(a), Jan. 4, 1983,

96 Stat. 2078; renumbered title I and amended Pub. L. 102-486,

title IX, Sec. 902(a)(6), (8), Oct. 24, 1992, 106 Stat. 2944.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (n), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

-COD-

CODIFICATION

In subsec. (h) of this section, provisions for the establishment

of a Federal Radiation Council and for the designation of its

Chairman and members have been omitted and the Administrator of the

Environmental Protection Agency has been substituted for the

Council as the person charged with the responsibility of carrying

out the functions of the Council pursuant to Reorg. Plan No. 3 of

1970, Secs. 2(a)(7), 6(2), eff. Dec. 2, 1970, 35 F.R. 15623, 84

Stat. 2086, set out in the Appendix to Title 5, Government

Organization and Employees, which abolished the Federal Radiation

Council and transferred its functions to the Administrator of the

Environmental Protection Administration.

-MISC1-

AMENDMENTS

1992 - Subsec. (c)(1). Pub. L. 102-486, Sec. 902(a)(6), inserted

before semicolon at end "or any uranium enrichment facility".

1983 - Subsec. (o). Pub. L. 97-415 inserted provisions relating

to the adoption of equivalent alternative requirements by the

States.

1980 - Subsec. (j). Pub. L. 96-295 designated existing provisions

as par. (1) and added par. (2).

1978 - Subsec. (b). Pub. L. 95-604, Sec. 204(a), inserted in par.

(1) "as defined in section 2014(e)(1) of this title" after

"byproduct materials", added par. (2), and redesignated former

pars. (2) and (3) as (3) and (4), respectively.

Subsec. (c). Pub. L. 95-604, Sec. 204(f), required the Commission

to retain authority under the agreement to make a determination

that all applicable standards and requirements have been met prior

to termination of a license for byproduct material as defined in

section 2014(e)(2) of this title.

Subsec. (d)(2). Pub. L. 95-604, Sec. 204(b), inserted "in

accordance with the requirements of subsection (o) of this section

and in all other respects" before "compatible".

Subsec. (j). Pub. L. 95-604, Sec. 204(d), inserted "all or part

of" after "suspend", designated provision requiring termination or

suspension be necessary to protect the public health and safety as

cl. (1), added cl. (2), and inserted provision requiring the

Commission to periodically review the agreements and actions taken

by the States under the agreements to ensure compliance with the

provisions of this section.

Subsec. (n). Pub. L. 95-604, Sec. 204(c), inserted definition of

"agreement".

Subsec. (o). Pub. L. 95-604, Sec. 204(e)(1), added subsec. (o).

EFFECTIVE DATE OF 1978 AMENDMENT

Section 204(e)(2) of Pub. L. 95-604, as added by Pub. L. 96-106,

Sec. 22(d), Nov. 9, 1979, 93 Stat. 800, provided that: "The

provisions of the amendment made by paragraph (1) of this

subsection (which adds a new subsection o. to section 274 of the

Atomic Energy Act of 1954 [this section]) shall apply only to the

maximum extent practicable during the three-year period beginning

on the date of the enactment of this Act [Nov. 8, 1978]."

Amendment by Pub. L. 95-604 effective Nov. 8, 1978, see section

208 of Pub. L. 95-604, set out as a note under section 2014 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-MISC2-

STATE AUTHORITIES AND AGREEMENTS RESPECTING BYPRODUCT MATERIAL;

ENTRY AND EFFECTIVE DATES OF AGREEMENTS

Section 204(g), (h) of Pub. L. 95-604, as amended by Pub. L.

96-106, Sec. 22(a), (b), Nov. 9, 1979, 93 Stat. 799; Pub. L.

97-415, Sec. 19(b), Jan. 4, 1983, 96 Stat. 2079, provided that:

"(g) Nothing in any amendment made by this section [amending this

section] shall preclude any State from exercising any other

authority as permitted under the Atomic Energy Act of 1954 [this

chapter] respecting any byproduct material, as defined in section

11 e. (2) of the Atomic Energy Act of 1954 [section 2014(e)(2) of

this title].

"(h)(1) During the three-year period beginning on the date of the

enactment of this Act [Nov. 8, 1978], notwithstanding any other

provision of this title [See Effective Date of 1978 Amendment note

set out under section 2014 of this title], any State may exercise

any authority under State law (including authority exercised

pursuant to an agreement entered into pursuant to section 274 of

the Atomic Energy Act of 1954 [this section]) respecting (A)

byproduct material, as defined in section 11 e. (2) of the Atomic

Energy Act of 1954 [section 2014(e)(2) of this title], or (B) any

activity which results in the production of byproduct material as

so defined, in the same manner and to the same extent as permitted

before the date of the enactment of this Act, except that such

State authority shall be exercised in a manner which, to the extent

practicable, is consistent with the requirements of section 274 o.

of the Atomic Energy Act of 1954 (as added by section 204(e) of

this Act) [subsec. (o) of this section]. The Commission shall have

the authority to ensure that such section 274 o. is implemented by

any such State to the extent practicable during the three-year

period beginning on the date of the enactment of this Act. Nothing

in this section shall be construed to preclude the Commission or

the Administrator of the Environmental Protection Agency from

taking such action under section 275 of the Atomic Energy Act of

1954 [section 2022 of this title] as may be necessary to implement

title I of this Act [section 7911 et seq. of this title].

"(2) An agreement entered into with any State as permitted under

section 274 of the Atomic Energy Act of 1954 [this section] with

respect to byproduct material as defined in section 11 e. (2) of

such Act. [section 2014(e)(2) of this title], may be entered into

at any time after the date of the enactment of this Act [Nov. 8,

1978] but no such agreement may take effect before the date three

years after the date of the enactment of this Act.

"(3) Notwithstanding any other provision of this title [See

Effective Date of 1978 Amendment note set out under section 2014 of

this title], where a State assumes or has assumed, pursuant to an

agreement entered into under section 274 b. of the Atomic Energy

Act of 1954 [subsec. (b) of this section], authority over any

activity which results in the production of byproduct material, as

defined in section 11 e. (2) of such Act [section 2014(e)(2) of

this title], the Commission shall not, until the end of the

three-year period beginning on the date of the enactment of this

Act [Nov. 8, 1978], have licensing authority over such byproduct

material produced in any activity covered by such agreement, unless

the agreement is terminated, suspended, or amended to provide for

such Federal licensing. If, at the end of such three-year period, a

State has not entered into such an agreement with respect to

byproduct material, as defined in section 11 e. (2) of the Atomic

Energy Act of 1954, the Commission shall have authority over such

byproduct material: Provided, however, That, in the case of a State

which has exercised any authority under State law pursuant to an

agreement entered into under section 274 of the Atomic Energy Act

of 1954 [this section], the State authority over such byproduct

material may be terminated, and the Commission authority over such

material may be exercised, only after compliance by the Commission

with the same procedures as are applicable in the case of

termination of agreements under section 274j. of the Atomic Energy

Act of 1954 [subsec. (j) of this section]."

FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS

For provisions relating to the responsibility of the head of each

Executive agency for compliance with applicable pollution control

standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,

set out as a note under section 4321 of this title.

-EXEC-

EXECUTIVE ORDER NO. 12192

Ex. Ord. No. 12192, Feb. 12, 1980, 45 F.R. 9727, which

established the State Planning Council on Radioactive Waste

Management and provided for its membership, functions, etc., was

revoked by Ex. Ord. No. 12379, Sec. 13, Aug. 17, 1982, 47 F.R.

36099, set out as a note under section 14 of the Federal Advisory

Committee Act in the Appendix to Title 5, Government Organization

and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021b, 2021f, 2022,

2296a-3, 5851, 7911, 7918, 7925, 7941, 10171 of this title; title

21 section 360jj; title 29 section 653.

-End-

-CITE-

42 USC Sec. 2021a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2021a. Storage or disposal facility planning

-STATUTE-

(a) Any person, agency, or other entity proposing to develop a

storage or disposal facility, including a test disposal facility,

for high-level radioactive wastes, non-high-level radioactive

wastes including transuranium contaminated wastes, or irradiated

nuclear reactor fuel, shall notify the Commission as early as

possible after the commencement of planning for a particular

proposed facility. The Commission shall in turn notify the Governor

and the State legislature of the State of proposed situs whenever

the Commission has knowledge of such proposal.

(b) The Commission is authorized and directed to prepare a report

on means for improving the opportunities for State participation in

the process for siting, licensing, and developing nuclear waste

storage or disposal facilities. Such report shall include detailed

consideration of a program to provide grants through the Commission

to any State, and the advisability of such a program, for the

purpose of conducting an independent State review of any proposal

to develop a nuclear waste storage or disposal facility identified

in subsection (a) of this section within such State. On or before

March 1, 1979, the Commission shall submit the report to the

Congress including recommendations for improving the opportunities

for State participation together with any necessary legislative

proposals.

-SOURCE-

(Pub. L. 95-601, Sec. 14, Nov. 6, 1978, 92 Stat. 2953.)

-REFTEXT-

REFERENCES IN TEXT

Commission, referred to in text, probably means the Nuclear

Regulatory Commission in view of the fact that this section was

enacted as part of the act authorizing appropriations for the

Nuclear Regulatory Commission for fiscal year 1979.

-COD-

CODIFICATION

Section was enacted as part of an act authorizing appropriations

to the Nuclear Regulatory Commission for fiscal year 1979, and not

as part of the Atomic Energy Act of 1954 which comprises this

chapter.

-MISC1-

PLAN FOR PERMANENT DISPOSAL OF WASTE FROM ATOMIC ENERGY DEFENSE

ACTIVITIES; SUBMISSION OF PLAN TO CONGRESS NOT LATER THAN JUNE 30,

1983

Pub. L. 97-90, title II, Sec. 213, Dec. 4, 1981, 95 Stat. 1171,

directed President to submit to Committees on Armed Services of

Senate and of House of Representatives not later than June 30,

1983, a report setting forth his plans for permanent disposal of

high-level and transuranic wastes resulting from atomic energy

defense activities, such report to include, but not be limited to,

for each State in which such wastes are stored in interim storage

facilities on Dec. 4, 1981, specific estimates of amounts planned

for expenditure in each of the next five fiscal years to achieve

the permanent disposal of such wastes and general estimates of

amounts planned for expenditure in fiscal years thereafter to

achieve such purpose, and a thorough and detailed program

management plan for the disposal of such wastes.

WEST VALLEY DEMONSTRATION PROJECT; RADIOACTIVE WASTE MANAGEMENT;

PROJECT ACTIVITIES; PUBLIC HEARINGS; REVIEW OF PROJECT AND

CONSULTATIONS; AUTHORIZATION OF APPROPRIATIONS; REPORT TO CONGRESS

Pub. L. 107-66, title III, Nov. 12, 2001, 115 Stat. 503, provided

in part: "That funding for the West Valley Demonstration Project

shall be reduced in subsequent fiscal years to the minimum

necessary to maintain the project in a safe and stable condition,

unless, not later than September 30, 2002, the Secretary: (1)

provides written notification to the Committees on Appropriations

of the House of Representatives and the Senate that agreement has

been reached with the State of New York on the final scope of

Federal activities at the West Valley site and on the respective

Federal and State cost shares for those activities; (2) submits a

written copy of that agreement to the Committees on Appropriations

of the House of Representatives and the Senate; and (3) provides a

written certification that the Federal actions proposed in the

agreement will be in full compliance with all relevant Federal

statutes and are in the best interest of the Federal Government."

Pub. L. 96-368, Oct. 1, 1980, 94 Stat. 1347, as amended by Pub.

L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1000, provided that:

"Section 1. This Act may be cited as the 'West Valley

Demonstration Project Act'.

"Sec. 2. (a) The Secretary shall carry out, in accordance with

this Act, a high level radioactive waste management demonstration

project at the Western New York Service Center in West Valley, New

York, for the purpose of demonstrating solidification techniques

which can be used for preparing high level radioactive waste for

disposal. Under the project the Secretary shall carry out the

following activities:

"(1) The Secretary shall solidify, in a form suitable for

transportation and disposal, the high level radioactive waste at

the Center by vitrification or by such other technology which the

Secretary determines to be the most effective for solidification.

"(2) The Secretary shall develop containers suitable for the

permanent disposal of the high level radioactive waste solidified

at the Center.

"(3) The Secretary shall, as soon as feasible, transport, in

accordance with applicable provisions of law, the waste

solidified at the Center to an appropriate Federal repository for

permanent disposal.

"(4) The Secretary shall, in accordance with applicable

licensing requirements, dispose of low level radioactive waste

and transuranic waste produced by the solidification of the high

level radioactive waste under the project.

"(5) The Secretary shall decontaminate and decommission -

"(A) the tanks and other facilities of the Center in which

the high level radioactive waste solidified under the project

was stored,

"(B) the facilities used in the solidification of the waste,

and

"(C) any material and hardware used in connection with the

project,

in accordance with such requirements as the Commission may

prescribe.

"(b) Before undertaking the project and during the fiscal year

ending September 30, 1981, the Secretary shall carry out the

following:

"(1) The Secretary shall hold in the vicinity of the Center

public hearings to inform the residents of the area in which the

Center is located of the activities proposed to be undertaken

under the project and to receive their comments on the project.

"(2) The Secretary shall consider the various technologies

available for the solidification and handling of high level

radioactive waste taking into account the unique characteristics

of such waste at the Center.

"(3) The Secretary shall -

"(A) undertake detailed engineering and cost estimates for

the project,

"(B) prepare a plan for the safe removal of the high level

radioactive waste at the Center for the purposes of

solidification and include in the plan provisions respecting

the safe breaching of the tanks in which the waste is stored,

operating equipment to accomplish the removal, and sluicing

techniques,

"(C) conduct appropriate safety analyses of the project, and

"(D) prepare required environmental impact analyses of the

project.

"(4) The Secretary shall enter into a cooperative agreement

with the State in accordance with the Federal Grant and

Cooperative Agreement Act of 1977 [see section 6301 et seq. of

Title 31, Money and Finance] under which the State will carry out

the following:

"(A) The State will make available to the Secretary the

facilities of the Center and the high level radioactive waste

at the Center which are necessary for the completion of the

project. The facilities and the waste shall be made available

without the transfer of title and for such period as may be

required for completion of the project.

"(B) The Secretary shall provide technical assistance in

securing required license amendments.

"(C) The State shall pay 10 per centum of the costs of the

project, as determined by the Secretary. In determining the

costs of the project, the Secretary shall consider the value of

the use of the Center for the project. The State may not use

Federal funds to pay its share of the cost of the project, but

may use the perpetual care fund to pay such share.

"(D) Submission jointly by the Department of Energy and the

State of New York of an application for a licensing amendment

as soon as possible with the Nuclear Regulatory Commission

providing for the demonstration.

"(c) Within one year from the date of the enactment of this Act

[Oct. 1, 1980], the Secretary shall enter into an agreement with

the Commission to establish arrangements for review and

consultation by the Commission with respect to the project:

Provided, That review and consultation by the Commission pursuant

to this subsection shall be conducted informally by the Commission

and shall not include nor require formal procedures or actions by

the Commission pursuant to the Atomic Energy Act of 1954, as

amended [this chapter], the Energy Reorganization Act of 1974, as

amended [section 5801 et seq. of this title], or any other law. The

agreement shall provide for the following:

"(1) The Secretary shall submit to the Commission, for its

review and comment, a plan for the solidification of the high

level radioactive waste at the Center, the removal of the waste

for purposes of its solidification, the preparation of the waste

for disposal, and the decontamination of the facilities to be

used in solidifying the waste. In preparing its comments on the

plan, the Commission shall specify with precision its objections

to any provision of the plan. Upon submission of a plan to the

Commission, the Secretary shall publish a notice in the Federal

Register of the submission of the plan and of its availability

for public inspection, and, upon receipt of the comments of the

Commission respecting a plan, the Secretary shall publish a

notice in the Federal Register of the receipt of the comments and

of the availability of the comments for public inspection. If the

Secretary does not revise the plan to meet objections specified

in the comments of the Commission, the Secretary shall publish in

the Federal Register a detailed statement for not so revising the

plan.

"(2) The Secretary shall consult with the Commission with

respect to the form in which the high level radioactive waste at

the Center shall be solidified and the containers to be used in

the permanent disposal of such waste.

"(3) The Secretary shall submit to the Commission safety

analysis reports and such other information as the Commission may

require to identify any danger to the public health and safety

which may be presented by the project.

"(4) The Secretary shall afford the Commission access to the

Center to enable the Commission to monitor the activities under

the project for the purpose of assuring the public health and

safety.

"(d) In carrying out the project, the Secretary shall consult

with the Administrator of the Environmental Protection Agency, the

Secretary of Transportation, the Director of the United States

Geological Survey, and the commercial operator of the Center.

"Sec. 3. (a) There are authorized to be appropriated to the

Secretary for the project not more than $5,000,000 for the fiscal

year ending September 30, 1981.

"(b) The total amount obligated for the project by the Secretary

shall be 90 per centum of the costs of the project.

"(c) The authority of the Secretary to enter into contracts under

this Act shall be effective for any fiscal year only to such extent

or in such amounts as are provided in advance by appropriation

Acts.

"Sec. 4. Not later than February 1, 1981, and on February 1 of

each calendar year thereafter during the term of the project, the

Secretary shall transmit to the Speaker of the House of

Representatives and the President pro tempore of the Senate an

up-to-date report containing a detailed description of the

activities of the Secretary in carrying out the project, including

agreements entered into and the costs incurred during the period

reported on and the activities to be undertaken in the next fiscal

year and the estimated costs thereof.

"Sec. 5. (a) Other than the costs and responsibilities

established by this Act for the project, nothing in this Act shall

be construed as affecting any rights, obligations, or liabilities

of the commercial operator of the Center, the State, or any person,

as is appropriate, arising under the Atomic Energy Act of 1954

[this chapter] or under any other law, contract, or agreement for

the operation, maintenance, or decontamination of any facility or

property at the Center or for any wastes at the Center. Nothing in

this Act shall be construed as affecting any applicable licensing

requirement of the Atomic Energy Act of 1954 or the Energy

Reorganization Act of 1974 [section 5801 et seq. of this title].

This Act shall not apply or be extended to any facility or property

at the Center which is not used in conducting the project. This Act

may not be construed to expand or diminish the rights of the

Federal Government.

"(b) This Act does not authorize the Federal Government to

acquire title to any high level radioactive waste at the Center or

to the Center or any portion thereof.

"Sec. 6. For purposes of this Act:

"(1) The term 'Secretary' means the Secretary of Energy.

"(2) The term 'Commission' means the Nuclear Regulatory

Commission.

"(3) The term 'State' means the State of New York.

"(4) The term 'high level radioactive waste' means the high

level radioactive waste which was produced by the reprocessing at

the Center of spent nuclear fuel. Such term includes both liquid

wastes which are produced directly in reprocessing, dry solid

material derived from such liquid waste, and such other material

as the Commission designates as high level radioactive waste for

purposes of protecting the public health and safety.

"(5) The term 'transuranic waste' means material contaminated

with elements which have an atomic number greater than 92,

including neptunium, plutonium, americium, and curium, and which

are in concentrations greater than 10 nanocuries per gram, or in

such other concentrations as the Commission may prescribe to

protect the public health and safety.

"(6) The term 'low level radioactive waste' means radioactive

waste not classified as high level radioactive waste, transuranic

waste, or byproduct material as defined in section 11e. (2) of

the Atomic Energy Act of 1954 [section 2014(e)(2) of this title].

"(7) The term 'project' means the project prescribed by section

2(a).

"(8) The term 'Center' means the Western New York Service

Center in West Valley, New York."

[For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under section 4 of Pub. L. 96-368, set out

above, is listed in item 1 on page 84), see section 3003 of Pub. L.

104-66, as amended, and section 1(a)(4) [div. A, Sec. 1402(1)] of

Pub. L. 106-554, set out as notes under section 1113 of Title 31,

Money and Finance.]

-End-

-CITE-

42 USC Sec. 2021b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2021b. Definitions

-STATUTE-

For purposes of sections 2021b to 2021j of this title:

(1) Agreement State

The term "agreement State" means a State that -

(A) has entered into an agreement with the Nuclear Regulatory

Commission under section 2021 of this title; and

(B) has authority to regulate the disposal of low-level

radioactive waste under such agreement.

(2) Allocation

The term "allocation" means the assignment of a specific amount

of low-level radioactive waste disposal capacity to a commercial

nuclear power reactor for which access is required to be provided

by sited States subject to the conditions specified under

sections 2021b to 2021j of this title.

(3) Commercial nuclear power reactor

The term "commercial nuclear power reactor" means any unit of a

civilian light-water moderated utilization facility required to

be licensed under section 2133 or 2134(b) of this title.

(4) Compact

The term "compact" means a compact entered into by two or more

States pursuant to sections 2021b to 2021j of this title.

(5) Compact commission

The term "compact commission" means the regional commission,

committee, or board established in a compact to administer such

compact.

(6) Compact region

The term "compact region" means the area consisting of all

States that are members of a compact.

(7) Disposal

The term "disposal" means the permanent isolation of low-level

radioactive waste pursuant to the requirements established by the

Nuclear Regulatory Commission under applicable laws, or by an

agreement State if such isolation occurs in such agreement State.

(8) Generate

The term "generate", when used in relation to low-level

radioactive waste, means to produce low-level radioactive waste.

(9) Low-level radioactive waste

The term "low-level radioactive waste" means radioactive

material that -

(A) is not high-level radioactive waste, spent nuclear fuel,

or byproduct material (as defined in section 2014(e)(2) of this

title); and

(B) the Nuclear Regulatory Commission, consistent with

existing law and in accordance with paragraph (A), classifies

as low-level radioactive waste.

(10) Non-sited compact region

The term "non-sited compact region" means any compact region

that is not a sited compact region.

(11) Regional disposal facility

The term "regional disposal facility" means a non-Federal

low-level radioactive waste disposal facility in operation on

January 1, 1985, or subsequently established and operated under a

compact.

(12) Secretary

The term "Secretary" means the Secretary of Energy.

(13) Sited compact region

The term "sited compact region" means a compact region in which

there is located one of the regional disposal facilities at

Barnwell, in the State of South Carolina; Richland, in the State

of Washington; or Beatty, in the State of Nevada.

(14) State

The term "State" means any State of the United States, the

District of Columbia, and the Commonwealth of Puerto Rico.

-SOURCE-

(Pub. L. 96-573, Sec. 2, as added Pub. L. 99-240, title I, Sec.

102, Jan. 15, 1986, 99 Stat. 1842.)

-COD-

CODIFICATION

Section was enacted as part of the Low-Level Radioactive Waste

Policy Act, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

-MISC1-

PRIOR PROVISIONS

A prior section 2021b, Pub. L. 96-573, Sec. 2, Dec. 22, 1980, 94

Stat. 3347, related to definitions respecting low-level radioactive

waste policy as used in former sections 2021b to 2021d of this

title, prior to repeal by Pub. L. 99-240, Sec. 102.

SHORT TITLE OF 1986 AMENDMENT

Section 101 of title I of Pub. L. 99-240 provided that: "This

Title [enacting this section and sections 2021c to 2021j of this

title, repealing former sections 2021b to 2021d of this title, and

enacting and repealing a provision set out as a note under this

section] may be cited as the 'Low-Level Radioactive Waste Policy

Amendments Act of 1985'."

SHORT TITLE

Section 1 of Pub. L. 96-573, as added by Pub. L. 99-240, title I,

Sec. 102, Jan. 15, 1986, 99 Stat. 1842, provided that: "This Act

[enacting sections 2021b to 2021j of this title] may be cited as

the 'Low-Level Radioactive Waste Policy Act'."

A prior section 1 of Pub. L. 96-573 which provided that Pub. L.

96-573 [enacting former sections 2021b to 2021d of this title]

could be cited as the "Low-Level Radioactive Waste Policy Act" was

repealed by Pub. L. 99-240, title I, Sec. 102, Jan. 15, 1986, 99

Stat. 1842.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021d, 2021e, 2021f,

2021g, 2023, 2297h of this title.

-End-

-CITE-

42 USC Sec. 2021c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2021c. Responsibilities for disposal of low-level radioactive

waste

-STATUTE-

(a)(1) Each State shall be responsible for providing, either by

itself or in cooperation with other States, for the disposal of -

(A) low-level radioactive waste generated within the State

(other than by the Federal Government) that consists of or

contains class A, B, or C radioactive waste as defined by section

61.55 of title 10, Code of Federal Regulations, as in effect on

January 26, 1983;

(B) low-level radioactive waste described in subparagraph (A)

that is generated by the Federal Government except such waste

that is -

(i) owned or generated by the Department of Energy;

(ii) owned or generated by the United States Navy as a result

of the decommissioning of vessels of the United States Navy; or

(iii) owned or generated as a result of any research,

development, testing, or production of any atomic weapon; and

(C) low-level radioactive waste described in subparagraphs (A)

and (B) that is generated outside of the State and accepted for

disposal in accordance with sections (!1) 2021e or 2021f of this

title.

(2) No regional disposal facility may be required to accept for

disposal any material -

(A) that is not low-level radioactive waste as defined by

section 61.55 of title 10, Code of Federal Regulations, as in

effect on January 26, 1983, or

(B) identified under the Formerly Utilized Sites Remedial

Action Program.

Nothing in this paragraph shall be deemed to prohibit a State,

subject to the provisions of its compact, or a compact region from

accepting for disposal any material identified in subparagraph (A)

or (B).

(b)(1) The Federal Government shall be responsible for the

disposal of -

(A) low-level radioactive waste owned or generated by the

Department of Energy;

(B) low-level radioactive waste owned or generated by the

United States Navy as a result of the decommissioning of vessels

of the United States Navy;

(C) low-level radioactive waste owned or generated by the

Federal Government as a result of any research, development,

testing, or production of any atomic weapon; and

(D) any other low-level radioactive waste with concentrations

of radionuclides that exceed the limits established by the

Commission for class C radioactive waste, as defined by section

61.55 of title 10, Code of Federal Regulations, as in effect on

January 26, 1983.

(2) All radioactive waste designated a Federal responsibility

pursuant to subparagraph (b)(1)(D) that results from activities

licensed by the Nuclear Regulatory Commission under this chapter,

shall be disposed of in a facility licensed by the Nuclear

Regulatory Commission that the Commission determines is adequate to

protect the public health and safety.

(3) Not later than 12 months after January 15, 1986, the

Secretary shall submit to the Congress a comprehensive report

setting forth the recommendations of the Secretary for ensuring the

safe disposal of all radioactive waste designated a Federal

responsibility pursuant to subparagraph (b)(1)(D). Such report

shall include -

(A) an identification of the radioactive waste involved,

including the source of such waste, and the volume,

concentration, and other relevant characteristics of such waste;

(B) an identification of the Federal and non-Federal options

for disposal of such radioactive waste;

(C) a description of the actions proposed to ensure the safe

disposal of such radioactive waste;

(D) a description of the projected costs of undertaking such

actions;

(E) an identification of the options for ensuring that the

beneficiaries of the activities resulting in the generation of

such radioactive wastes bear all reasonable costs of disposing of

such wastes; and

(F) an identification of any statutory authority required for

disposal of such waste.

(4) The Secretary may not dispose of any radioactive waste

designated a Federal responsibility pursuant to paragraph (b)(1)(D)

that becomes a Federal responsibility for the first time pursuant

to such paragraph until ninety days after the report prepared

pursuant to paragraph (3) has been submitted to the Congress.

-SOURCE-

(Pub. L. 96-573, Sec. 3, as added Pub. L. 99-240, title I, Sec.

102, Jan. 15, 1986, 99 Stat. 1843.)

-REFTEXT-

REFERENCES IN TEXT

January 15, 1986, referred to in subsec. (b)(3), was in the

original "the date of enactment of this Act" and was translated as

meaning the date of enactment of Pub. L. 99-240 to reflect the

probable intent of Congress.

-COD-

CODIFICATION

Section was enacted as part of the Low-Level Radioactive Waste

Policy Act, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

-MISC1-

PRIOR PROVISIONS

A prior section 2021c, Pub. L. 96-573, Sec. 3, Dec. 22, 1980, 94

Stat. 3347, related to the applicability of low-level radioactive

waste compacts, prior to repeal by Pub. L. 99-240, Sec. 102. See

section 2021d of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021b, 2021d, 2021e,

2021f, 2021g, 2023 of this title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 2021d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2021d. Regional compacts for disposal of low-level radioactive

waste

-STATUTE-

(a) In general

(1) Federal policy

It is the policy of the Federal Government that the

responsibilities of the States under section 2021c of this title

for the disposal of low-level radioactive waste can be most

safely and effectively managed on a regional basis.

(2) Interstate compacts

To carry out the policy set forth in paragraph (1), the States

may enter into such compacts as may be necessary to provide for

the establishment and operation of regional disposal facilities

for low-level radioactive waste.

(b) Applicability to Federal activities

(1) In general

(A) Activities of the Secretary

Except as provided in subparagraph (B), no compact or action

taken under a compact shall be applicable to the

transportation, management, or disposal of any low-level

radioactive waste designated in section 2021c(a)(1)(B)(i)-(iii)

of this title.

(B) Federal low-level radioactive waste disposed of at

non-Federal facilities

Low-level radioactive waste owned or generated by the Federal

Government that is disposed of at a regional disposal facility

or non-Federal disposal facility within a State that is not a

member of a compact shall be subject to the same conditions,

regulations, requirements, fees, taxes, and surcharges imposed

by the compact commission, and by the State in which such

facility is located, in the same manner and to the same extent

as any low-level radioactive waste not generated by the Federal

Government.

(2) Federal low-level radioactive waste disposal facilities

Any low-level radioactive waste disposal facility established

or operated exclusively for the disposal of low-level radioactive

waste owned or generated by the Federal Government shall not be

subject to any compact or any action taken under a compact.

(3) Effect of compacts on Federal law

Nothing contained in sections 2021b to 2021j of this title or

any compact may be construed to confer any new authority on any

compact commission or State -

(A) to regulate the packaging, generation, treatment,

storage, disposal, or transportation of low-level radioactive

waste in a manner incompatible with the regulations of the

Nuclear Regulatory Commission or inconsistent with the

regulations of the Department of Transportation;

(B) to regulate health, safety, or environmental hazards from

source material, byproduct material, or special nuclear

material;

(C) to inspect the facilities of licensees of the Nuclear

Regulatory Commission;

(D) to inspect security areas or operations at the site of

the generation of any low-level radioactive waste by the

Federal Government, or to inspect classified information

related to such areas or operations; or

(E) to require indemnification pursuant to the provisions of

chapter 171 of title 28 (commonly referred to as the Federal

Tort Claims Act), or section 2210 of this title, whichever is

applicable.

(4) Federal authority

Except as expressly provided in sections 2021b to 2021j of this

title, nothing contained in sections 2021b to 2021j of this title

or any compact may be construed to limit the applicability of any

Federal law or to diminish or otherwise impair the jurisdiction

of any Federal agency, or to alter, amend, or otherwise affect

any Federal law governing the judicial review of any action taken

pursuant to any compact.

(5) State authority preserved

Except as expressly provided in sections 2021b to 2021j of this

title, nothing contained in sections 2021b to 2021j of this title

expands, diminishes, or otherwise affects State law.

(c) Restricted use of regional disposal facilities

Any authority in a compact to restrict the use of the regional

disposal facilities under the compact to the disposal of low-level

radioactive waste generated within the compact region shall not

take effect before each of the following occurs:

(1) January 1, 1986; and

(2) the Congress by law consents to the compact.

(d) Congressional review

Each compact shall provide that every 5 years after the compact

has taken effect the Congress may by law withdraw its consent.

-SOURCE-

(Pub. L. 96-573, Sec. 4, as added Pub. L. 99-240, title I, Sec.

102, Jan. 15, 1986, 99 Stat. 1845.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Tort Claims Act, referred to in subsec. (b)(3)(E), is

classified generally to section 1346(b) and chapter 171 (Sec. 2671

et seq.) of Title 28, Judiciary and Judicial Procedure.

-COD-

CODIFICATION

Section was enacted as part of the Low-Level Radioactive Waste

Policy Act, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

-MISC1-

PRIOR PROVISIONS

A prior section 2021d, Pub. L. 96-573, Sec. 4, Dec. 22, 1980, 94

Stat. 3348, related to policy of Federal Government concerning

low-level radioactive waste disposal, implementation of that

policy, and a report to Congress and the States to assist in

carrying out the policy, prior to repeal by Pub. L. 99-240, Sec.

102.

TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT CONSENT ACT

Pub. L. 105-236, Sept. 20, 1998, 112 Stat. 1542, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Texas Low-Level Radioactive Waste

Disposal Compact Consent Act'.

"SEC. 2. CONGRESSIONAL FINDING.

"The Congress finds that the compact set forth in section 5 is in

furtherance of the Low-Level Radioactive Waste Policy Act (42

U.S.C. 2021b et seq.).

"SEC. 3. CONDITIONS OF CONSENT TO COMPACT.

"The consent of the Congress to the compact set forth in section

5 -

"(1) shall become effective on the date of the enactment of

this Act [Sept. 20, 1998];

"(2) is granted subject to the provisions of the Low-Level

Radioactive Waste Policy Act (42 U.S.C. 2021b et seq.); and

"(3) is granted only for so long as the regional commission

established in the compact complies with all of the provisions of

such Act.

"SEC. 4. CONGRESSIONAL REVIEW.

"The Congress may alter, amend, or repeal this Act with respect

to the compact set forth in section 5 after the expiration of the

10-year period following the date of the enactment of this Act

[Sept. 20, 1998], and at such intervals thereafter as may be

provided in such compact.

"SEC. 5. TEXAS LOW-LEVEL RADIOACTIVE WASTE COMPACT.

"(a) Consent of Congress. - In accordance with section 4(a)(2) of

the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021d(a)(2)),

the consent of Congress is given to the States of Texas, Maine, and

Vermont to enter into the compact set forth in subsection (b).

"(b) Text of Compact. - The compact reads substantially as

follows: [Text of compact appears at 112 Stat. 1543]".

SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT CONSENT

ACT

Pub. L. 100-712, Nov. 23, 1988, 102 Stat. 4773, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Southwestern Low-Level Radioactive

Waste Disposal Compact Consent Act'[.]

"SEC. 2. CONGRESSIONAL FINDING.

"The Congress finds that the compact set forth in section 5 is in

furtherance of the Low-Level Radioactive Waste Policy Act [42

U.S.C. 2021b-2021j].

"SEC. 3. CONDITIONS OF CONSENT TO COMPACT.

"The consent of the Congress to the compact set forth in section

5 -

"(1) shall become effective on the date of the enactment of

this Act [Nov. 23, 1988];

"(2) is granted subject to the provisions of the Low-Level

Radioactive Waste Policy Act [42 U.S.C. 2021b-2021j]; and

"(3) is granted only for so long as the regional commission

established in the compact complies with all of the provisions of

such Act.

"SEC. 4. CONGRESSIONAL REVIEW.

"The Congress may alter, amend, or repeal this Act with respect

to the compact set forth in section 5 after the expiration of the

10-year period following the date of enactment of this Act [Nov.

23, 1988], and at such intervals thereafter as may be provided in

such compact.

"SEC. 5. SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE COMPACT.

"In accordance with section 4(a)(2) of the Low-Level Radioactive

Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of Congress

is given to the states of Arizona, California, and any eligible

states, as defined in article VII of the Southwestern Low-Level

Radioactive Waste Disposal Compact, to enter into such compact.

Such compact is substantially as follows: [Text of compact appears

at 102 Stat. 4773]".

APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMPACT CONSENT ACT

Pub. L. 100-319, May 19, 1988, 102 Stat. 471, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Appalachian States Low-Level

Radioactive Waste Compact Consent Act'.

"SEC. 2. CONGRESSIONAL FINDING.

"The Congress finds that the compact set forth in section 5 is in

furtherance of the Low-Level Radioactive Waste Policy Act [42

U.S.C. 2021b-2021j].

"SEC. 3. CONDITIONS OF CONSENT TO COMPACT.

"The consent of the Congress to the compact set forth in section

5 -

"(1) shall become effective on the date of the enactment of

this Act [May 19, 1988],

"(2) is granted subject to the provisions of the Low-Level

Radioactive Waste Policy Act [42 U.S.C. 2021b-2021j], and

"(3) is granted only for so long as the Appalachian States

Low-Level Radioactive Waste Commission, advisory committees, and

regional boards established in the compact comply with all the

provisions of such Act.

"SEC. 4. CONGRESSIONAL REVIEW.

"The Congress may alter, amend, or repeal this Act with respect

to the compact set forth in section 5 after the expiration of the

10-year period following the date of the enactment of this Act [May

19, 1988], and at such intervals thereafter as may be provided for

in such compact.

"SEC. 5. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMPACT.

"In accordance with section 4(a)(2) of the Low-Level Radioactive

Waste Policy Act (42 U.S.C. 2021d(A)(2) [42 U.S.C. 2021d(a)(2)]),

the consent of Congress is given to the States of Pennsylvania,

West Virginia, and any eligible States as defined in Article 5(A)

of the Appalachian States Low-Level Radioactive Waste Compact to

enter into such compact. Such compact is substantially as follows:

[Text of compact appears at 102 Stat. 471]".

OMNIBUS LOW-LEVEL RADIOACTIVE WASTE INTERSTATE COMPACT CONSENT ACT

Pub. L. 99-240, title II, Jan. 15, 1986, 99 Stat. 1859, provided

that:

"SEC. 201. SHORT TITLE.

"This Title may be cited as the 'Omnibus Low-Level Radioactive

Waste Interstate Compact Consent Act'.

"SUBTITLE A - GENERAL PROVISIONS

"SEC. 211. CONGRESSIONAL FINDING.

"The Congress hereby finds that each of the compacts set forth in

subtitle B is in furtherance of the Low-Level Radioactive Waste

Policy Act [42 U.S.C. 2021b-2021j].

"SEC. 212. CONDITIONS OF CONSENT TO COMPACTS.

"The consent of the Congress to each of the compacts set forth in

subtitle B -

"(1) shall become effective on the date of the enactment of

this Act [Jan. 15, 1986];

"(2) is granted subject to the provisions of the Low-Level

Radioactive Waste Policy Act, as amended [42 U.S.C. 2021b-2021j];

and

"(3) is granted only for so long as the regional commission,

committee, or board established in the compact complies with all

of the provisions of such Act.

"SEC. 213. CONGRESSIONAL REVIEW.

"The Congress may alter, amend, or repeal this Act with respect

to any compact set forth in subtitle B after the expiration of the

10-year period following the date of the enactment of this Act

[Jan. 15, 1986], and at such intervals thereafter as may be

provided in such compact.

"SUBTITLE B - CONGRESSIONAL CONSENT TO COMPACTS

"SEC. 221. NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE

WASTE MANAGEMENT.

"The consent of Congress is hereby given to the states of Alaska,

Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming to

enter into the Northwest Interstate Compact on Low-level

Radioactive Waste Management, and to each and every part and

article thereof. Such compact reads substantially as follows: [Text

of compact appears at 99 Stat. 1860.]

"SEC. 222. CENTRAL INTERSTATE LOW-LEVEL RADIOACTIVE WASTE

COMPACT.

"The consent of Congress is hereby given to the states of

Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska,

North Dakota, and Oklahoma to enter into the Central Interstate

Low-Level Radioactive Waste Compact, and to each and every part and

article thereof. Such compact reads substantially as follows: [Text

of compact appears at 99 Stat. 1863.]

"SEC. 223. SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE

MANAGEMENT COMPACT.

"In accordance with section 4(a)(2) of the Low-Level Radioactive

Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of the

Congress is hereby given to the States of Alabama, Florida,

Georgia, Mississippi, North Carolina, South Carolina, Tennessee,

and Virginia to enter into the Southeast Interstate Low-Level

Radioactive Waste Management Compact. Such compact is substantially

as follows: [Text of compact appears at 99 Stat. 1871; 103 Stat.

1289.]

"SEC. 224. CENTRAL MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE

COMPACT.

"In accordance with section 4(a)(2) of the Low-Level Radioactive

Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of the

Congress hereby is given to the States of Illinois and Kentucky to

enter into the Central Midwest Interstate Low-Level Radioactive

Waste Compact. Such compact is substantially as follows: [Text of

compact appears at 99 Stat. 1880; 108 Stat. 4607.]

"SEC. 225. MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE

MANAGEMENT COMPACT.

"The consent of Congress is hereby given to the States of Iowa,

Indiana, Michigan, Minnesota, Missouri, Ohio, and Wisconsin to

enter into the Midwest Interstate Compact on Low-level Radioactive

Waste Management. Such compact is as follows: [Text of compact

appears at 99 Stat. 1892.]

"SEC. 226. ROCKY MOUNTAIN LOW-LEVEL RADIOACTIVE WASTE COMPACT.

"In accordance with section 4(a)(2) of the Low-Level Radioactive

Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of the

Congress hereby is given to the States of Arizona, Colorado,

Nevada, New Mexico, Utah, and Wyoming to enter into the Rocky

Mountain Interstate Low-Level Radioactive Waste Compact. Such

compact is substantially as follows: [Text of compact appears at 99

Stat. 1902.]

"SEC. 227. NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE

MANAGEMENT COMPACT.

"In accordance with section 4(a)(2) of the Low-Level Radioactive

Waste Policy Act [42 U.S.C. 2021d(a)(2)], the consent of the

Congress is hereby given to the States of Connecticut, New Jersey,

Delaware, and Maryland to enter into the Northeast Interstate

Low-Level Radioactive Waste Management Compact. Such compact is

substantially as follows: [Text of compact appears at 99 Stat.

1910.]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021b, 2021e, 2021f,

2021g, 2023 of this title.

-End-

-CITE-

42 USC Sec. 2021e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2021e. Limited availability of certain regional disposal

facilities during transition and licensing periods

-STATUTE-

(a) Availability of disposal capacity

(1) Pressurized water and boiling water reactors

During the seven-year period beginning January 1, 1986 and

ending December 31, 1992, subject to the provisions of

subsections (b) through (g) of this section, each State in which

there is located a regional disposal facility referred to in

paragraphs (1) through (3) of subsection (b) of this section

shall make disposal capacity available for low-level radioactive

waste generated by pressurized water and boiling water commercial

nuclear power reactors in accordance with the allocations

established in subsection (c) of this section.

(2) Other sources of low-level radioactive waste

During the seven-year period beginning January 1, 1986 and

ending December 31, 1992, subject to the provisions of

subsections (b) through (g) of this section, each State in which

there is located a regional disposal facility referred to in

paragraphs (1) through (3) of subsection (b) of this section

shall make disposal capacity available for low-level radioactive

waste generated by any source not referred to in paragraph (1).

(3) Allocation of disposal capacity

(A) During the seven-year period beginning January 1, 1986 and

ending December 31, 1992, low-level radioactive waste generated

within a sited compact region shall be accorded priority under

this section in the allocation of available disposal capacity at

a regional disposal facility referred to in paragraphs (1)

through (3) of subsection (b) of this section and located in the

sited compact region in which such waste is generated.

(B) Any State in which a regional disposal facility referred to

in paragraphs (1) through (3) of subsection (b) of this section

is located may, subject to the provisions of its compact,

prohibit the disposal at such facility of low-level radioactive

waste generated outside of the compact region if the disposal of

such waste in any given calendar year, together with all other

low-level radioactive waste disposed of at such facility within

that same calendar year, would result in that facility disposing

of a total annual volume of low-level radioactive waste in excess

of 100 per centum of the average annual volume for such facility

designated in subsection (b) of this section: Provided, however,

That in the event that all three States in which regional

disposal facilities referred to in paragraphs (1) through (3) of

subsection (b) of this section act to prohibit the disposal of

low-level radioactive waste pursuant to this subparagraph, each

such State shall, in accordance with any applicable procedures of

its compact, permit, as necessary, the disposal of additional

quantities of such waste in increments of 10 per centum of the

average annual volume for each such facility designated in

subsection (b) of this section.

(C) Nothing in this paragraph shall require any disposal

facility or State referred to in paragraphs (1) through (3) of

subsection (b) of this section to accept for disposal low-level

radioactive waste in excess of the total amounts designated in

subsection (b) of this section.

(4) Cessation of operation of low-level radioactive waste

disposal facility

No provision of this section shall be construed to obligate any

State referred to in paragraphs (1) through (3) of subsection (b)

of this section to accept low-level radioactive waste from any

source in the event that the regional disposal facility located

in such State ceases operations.

(b) Limitations

The availability of disposal capacity for low-level radioactive

waste from any source shall be subject to the following

limitations:

(1) Barnwell, South Carolina

The State of South Carolina, in accordance with the provisions

of its compact, may limit the volume of low-level radioactive

waste accepted for disposal at the regional disposal facility

located at Barnwell, South Carolina to a total of 8,400,000 cubic

feet of low-level radioactive waste during the 7-year period

beginning January 1, 1986, and ending December 31, 1992 (as based

on an average annual volume of 1,200,000 cubic feet of low-level

radioactive waste).

(2) Richland, Washington

The State of Washington, in accordance with the provisions of

its compact, may limit the volume of low-level radioactive waste

accepted for disposal at the regional disposal facility located

at Richland, Washington to a total of 9,800,000 cubic feet of

low-level radioactive waste during the 7-year period beginning

January 1, 1986, and ending December 31, 1992 (as based on an

average annual volume of 1,400,000 cubic feet of low-level

radioactive waste).

(3) Beatty, Nevada

The State of Nevada, in accordance with the provisions of its

compact, may limit the volume of low-level radioactive waste

accepted for disposal at the regional disposal facility located

at Beatty, Nevada to a total of 1,400,000 cubic feet of low-level

radioactive waste during the 7-year period beginning January 1,

1986, and ending December 31, 1992 (as based on an average annual

volume of 200,000 cubic feet of low-level radioactive waste).

(c) Commercial nuclear power reactor allocations

(1) Amount

Subject to the provisions of subsections (a) through (g) of

this section each commercial nuclear power reactor shall upon

request receive an allocation of low-level radioactive waste

disposal capacity (in cubic feet) at the facilities referred to

in subsection (b) of this section during the 4-year transition

period beginning January 1, 1986, and ending December 31, 1989,

and during the 3-year licensing period beginning January 1, 1990,

and ending December 31, 1992, in an amount calculated by

multiplying the appropriate number from the following table by

the number of months remaining in the applicable period as

determined under paragraph (2).

Reactor Type 4-year Transition Period 3-year Licensing Period

In Sited All Other In Sited All Other

Region Locations Region Locations

--------------------------------------------------------------------

PWR 1027 871 934 685

BWR 2300 1951 2091 1533

--------------------------------------------------------------------

(2) Method of calculation

For purposes of calculating the aggregate amount of disposal

capacity available to a commercial nuclear power reactor under

this subsection, the number of months shall be computed beginning

with the first month of the applicable period, or the sixteenth

month after receipt of a full power operating license, whichever

occurs later.

(3) Unused allocations

Any unused allocation under paragraph (1) received by a reactor

during the transition period or the licensing period may be used

at any time after such reactor receives its full power license or

after the beginning of the pertinent period, whichever is later,

but not in any event after December 31, 1992, or after

commencement of operation of a regional disposal facility in the

compact region or State in which such reactor is located,

whichever occurs first.

(4) Transferability

Any commercial nuclear power reactor in a State or compact

region that is in compliance with the requirements of subsection

(e) of this section may assign any disposal capacity allocated to

it under this subsection to any other person in each State or

compact region. Such assignment may be for valuable consideration

and shall be in writing, copies of which shall be filed at the

affected compact commissions and States, along with the

assignor's unconditional written waiver of the disposal capacity

being assigned.

(5) Unusual volumes

(A) The Secretary may, upon petition by the owner or operator

of any commercial nuclear power reactor, allocate to such reactor

disposal capacity in excess of the amount calculated under

paragraph (1) if the Secretary finds and states in writing his

reasons for so finding that making additional capacity available

for such reactor through this paragraph is required to permit

unusual or unexpected operating, maintenance, repair or safety

activities.

(B) The Secretary may not make allocations pursuant to

subparagraph (A) that would result in the acceptance for disposal

of more than 800,000 cubic feet of low-level radioactive waste or

would result in the total of the allocations made pursuant to

this subsection exceeding 11,900,000 cubic feet over the entire

seven-year interim access period.

(6) Limitation

During the seven-year interim access period referred to in

subsection (a) of this section, the disposal facilities referred

to in subsection (b) of this section shall not be required to

accept more than 11,900,000 cubic feet of low-level radioactive

waste generated by commercial nuclear power reactors.

(d) Use of surcharge funds for milestone incentives; consequences

of failure to meet disposal deadline

(1) Surcharges

The disposal of any low-level radioactive waste under this

section (other than low-level radioactive waste generated in a

sited compact region) may be charged a surcharge by the State in

which the applicable regional disposal facility is located, in

addition to the fees and surcharges generally applicable for

disposal of low-level radioactive waste in the regional disposal

facility involved. Except as provided in subsection (e)(2) of

this section, such surcharges shall not exceed -

(A) in 1986 and 1987, $10 per cubic foot of low-level

radioactive waste;

(B) in 1988 and 1989, $20 per cubic foot of low-level

radioactive waste; and

(C) in 1990, 1991, and 1992, $40 per cubic foot of low-level

radioactive waste.

(2) Milestone incentives

(A) Escrow account

Twenty-five per centum of all surcharge fees received by a

State pursuant to paragraph (1) during the seven-year period

referred to in subsection (a) of this section shall be

transferred on a monthly basis to an escrow account held by the

Secretary. The Secretary shall deposit all funds received in a

special escrow account. The funds so deposited shall not be the

property of the United States. The Secretary shall act as

trustee for such funds and shall invest them in

interest-bearing United States Government Securities with the

highest available yield. Such funds shall be held by the

Secretary until -

(i) paid or repaid in accordance with subparagraph (B) or

(C); or

(ii) paid to the State collecting such fees in accordance

with subparagraph (F).

(B) Payments

(i) July 1, 1986. - The twenty-five per centum of any

amount collected by a State under paragraph (1) for low-level

radioactive waste disposed of under this section during the

period beginning on January 15, 1986, and ending June 30,

1986, and transferred to the Secretary under subparagraph

(A), shall be paid by the Secretary in accordance with

subparagraph (D) if the milestone described in subsection

(e)(1)(A) of this section is met by the State in which such

waste originated.

(ii) January 1, 1988. - The twenty-five per centum of any

amount collected by a State under paragraph (1) for low-level

radioactive waste disposed of under this section during the

period beginning July 1, 1986 and ending December 31, 1987,

and transferred to the Secretary under subparagraph (A),

shall be paid by the Secretary in accordance with

subparagraph (D) if the milestone described in subsection

(e)(1)(B) of this section is met by the State in which such

waste originated (or its compact region, where applicable).

(iii) January 1, 1990. - The twenty-five per centum of any

amount collected by a State under paragraph (1) for low-level

radioactive waste disposed of under this section during the

period beginning January 1, 1988 and ending December 31,

1989, and transferred to the Secretary under subparagraph

(A), shall be paid by the Secretary in accordance with

subparagraph (D) if the milestone described in subsection

(e)(1)(C) of this section is met by the State in which such

waste originated (or its compact region, where applicable).

(iv) The twenty-five per centum of any amount collected by

a State under paragraph (1) for low-level radioactive waste

disposed of under this section during the period beginning

January 1, 1990 and ending December 31, 1992, and transferred

to the Secretary under subparagrah (!1) (A), shall be paid by

the Secretary in accordance with subparagraph (D) if, by

January 1, 1993, the State in which such waste originated (or

its compact region, where applicable) is able to provide for

the disposal of all low-level radioactive waste generated

within such State or compact region.

(C) Failure to meet January 1, 1993 deadline

If, by January 1, 1993, a State (or, where applicable, a

compact region) in which low-level radioactive waste is

generated is unable to provide for the disposal of all such

waste generated within such State or compact region -

(i) each State in which such waste is generated, upon the

request of the generator or owner of the waste, shall take

title to the waste, shall be obligated to take possession of

the waste, and shall be liable for all damages directly or

indirectly incurred by such generator or owner as a

consequence of the failure of the State to take possession of

the waste as soon after January 1, 1993 as the generator or

owner notifies the State that the waste is available for

shipment; or

(ii) if such State elects not to take title to, take

possession of, and assume liability for such waste, pursuant

to clause (i), twenty-five per centum of any amount collected

by a State under paragraph (1) for low-level radioactive

waste disposed of under this section during the period

beginning January 1, 1990 and ending December 31, 1992 shall

be repaid, with interest, to each generator from whom such

surcharge was collected. Repayments made pursuant to this

clause shall be made on a monthly basis, with the first such

repayment beginning on February 1, 1993, in an amount equal

to one thirty-sixth of the total amount required to be repaid

pursuant to this clause, and shall continue until the State

(or, where applicable, compact region) in which such

low-level radioactive waste is generated is able to provide

for the disposal of all such waste generated within such

State or compact region or until January 1, 1996, whichever

is earlier.

If a State in which low-level radioactive waste is generated

elects to take title to, take possession of, and assume

liability for such waste pursuant to clause (i), such State

shall be paid such amounts as are designated in subparagraph

(B)(iv). If a State (or, where applicable, a compact region) in

which low-level radioactive waste is generated provides for the

disposal of such waste at any time after January 1, 1993 and

prior to January 1, 1996, such State (or, where applicable,

compact region) shall be paid in accordance with subparagraph

(D) a lump sum amount equal to twenty-five per centum of any

amount collected by a State under paragraph (1): Provided,

however, That such payment shall be adjusted to reflect the

remaining number of months between January 1, 1993 and January

1, 1996 for which such State (or, where applicable, compact

region) provides for the disposal of such waste. If a State

(or, where applicable, a compact region) in which low-level

radioactive waste is generated is unable to provide for the

disposal of all such waste generated within such State or

compact region by January 1, 1996, each State in which such

waste is generated, upon the request of the generator or owner

of the waste, shall take title to the waste, be obligated to

take possession of the waste, and shall be liable for all

damages directly or indirectly incurred by such generator or

owner as a consequence of the failure of the State to take

possession of the waste as soon after January 1, 1996, as the

generator or owner notifies the State that the waste is

available for shipment.

(D) Recipients of payments

The payments described in subparagraphs (B) and (C) shall be

paid within thirty days after the applicable date -

(i) if the State in which such waste originated is not a

member of a compact region, to such State;

(ii) if the State in which such waste originated is a

member of the compact region, to the compact commission

serving such State.

(E) Uses of payments

(i) Limitations

Any amount paid under subparagraphs (B) or (C) may only be

used to -

(I) establish low-level radioactive waste disposal

facilities;

(II) mitigate the impact of low-level radioactive waste

disposal facilities on the host State;

(III) regulate low-level radioactive waste disposal

facilities; or

(IV) ensure the decommissioning, closure, and care during

the period of institutional control of low-level

radioactive waste disposal facilities.

(ii) Reports

(I) Recipient

Any State or compact commission receiving a payment under

subparagraphs (B) or (C) shall, on December 31 of each year

in which any such funds are expended, submit a report to

the Department of Energy itemizing any such expenditures.

(II) Department of Energy

Not later than six months after receiving the reports

under subclause (I), the Secretary shall submit to the

Congress a summary of all such reports that shall include

an assessment of the compliance of each such State or

compact commission with the requirements of clause (i).

(F) Payment to States

Any amount collected by a State under paragraph (1) that is

placed in escrow under subparagraph (A) and not paid to a State

or compact commission under subparagraphs (B) and (C) or not

repaid to a generator under subparagraph (C) shall be paid from

such escrow account to such State collecting such payment under

paragraph (1). Such payment shall be made not later than 30

days after a determination of ineligibility for a refund is

made.

(G) Penalty surcharges

No rebate shall be made under this subsection of any

surcharge or penalty surcharge paid during a period of

noncompliance with subsection (e)(1) of this section.

(e) Requirements for access to regional disposal facilities

(1) Requirements for non-sited compact regions and non-member

States

Each non-sited compact region, or State that is not a member of

a compact region that does not have an operating disposal

facility, shall comply with the following requirements:

(A) By July 1, 1986, each such non-member State shall ratify

compact legislation or, by the enactment of legislation or the

certification of the Governor, indicate its intent to develop a

site for the location of a low-level radioactive waste disposal

facility within such State.

(B) By January 1, 1988

(i) each non-sited compact region shall identify the State

in which its low-level radioactive waste disposal facility is

to be located, or shall have selected the developer for such

facility and the site to be developed, and each compact

region or the State in which its low-level radioactive waste

disposal facility is to be located shall develop a siting

plan for such facility providing detailed procedures and a

schedule for establishing a facility location and preparing a

facility license application and shall delegate authority to

implement such plan;

(ii) each non-member State shall develop a siting plan

providing detailed procedures and a schedule for establishing

a facility location and preparing a facility license

application for a low-level radioactive waste disposal

facility and shall delegate authority to implement such plan;

and

(iii) The siting plan required pursuant to this paragraph

shall include a description of the optimum way to attain

operation of the low-level radioactive waste disposal

facility involved, within the time period specified in

sections 2021b to 2021j of this title. Such plan shall

include a description of the objectives and a sequence of

deadlines for all entities required to take action to

implement such plan, including, to the extent practicable, an

identification of the activities in which a delay in the

start, or completion, of such activities will cause a delay

in beginning facility operation. Such plan shall also

identify, to the extent practicable, the process for (1)

screening for broad siting areas; (2) identifying and

evaluating specific candidate sites; and (3) characterizing

the preferred site(s), completing all necessary environmental

assessments, and preparing a license application for

submission to the Nuclear Regulatory Commission or an

Agreement State.

(C) By January 1, 1990

(i) a complete application (as determined by the Nuclear

Regulatory Commission or the appropriate agency of an

agreement State) shall be filed for a license to operate a

low-level radioactive waste disposal facility within each

non-sited compact region or within each non-member State; or

(ii) the Governor (or, for any State without a Governor,

the chief executive officer) of any State that is not a

member of a compact region in compliance with clause (i), or

has not complied with such clause by its own actions, shall

provide a written certification to the Nuclear Regulatory

Commission, that such State will be capable of providing for,

and will provide for, the storage, disposal, or management of

any low-level radioactive waste generated within such State

and requiring disposal after December 31, 1992, and include a

description of the actions that will be taken to ensure that

such capacity exists.

(D) By January 1, 1992, a complete application (as determined

by the Nuclear Regulatory Commission or the appropriate agency

of an agreement State) shall be filed for a license to operate

a low-level radioactive waste disposal facility within each

non-sited compact region or within each non-member State.

(E) The Nuclear Regulatory Commission shall transmit any

certification received under subparagraph (C) to the Congress

and publish any such certification in the Federal Register.

(F) Any State may, subject to all applicable provisions, if

any, of any applicable compact, enter into an agreement with

the compact commission of a region in which a regional disposal

facility is located to provide for the disposal of all

low-level radioactive waste generated within such State, and,

by virtue of such agreement, may, with the approval of the

State in which the regional disposal facility is located, be

deemed to be in compliance with subparagraphs (A), (B), (C),

and (D).

(2) Penalties for failure to comply

(A) By July 1, 1986

If any State fails to comply with subparagraph (1)(A) -

(i) any generator of low-level radioactive waste within

such region or non-member State shall, for the period

beginning July 1, 1986, and ending December 31, 1986, be

charged 2 times the surcharge otherwise applicable under

subsection (d) of this section; and

(ii) on or after January 1, 1987, any low-level radioactive

waste generated within such region or non-member State may be

denied access to the regional disposal facilities referred to

in paragraphs (1) through (3) of subsection (b) of this

section.

(B) By January 1, 1988

If any non-sited compact region or non-member State fails to

comply with paragraph (1)(B) -

(i) any generator of low-level radioactive waste within

such region or non-member State shall -

(I) for the period beginning January 1, 1988, and ending

June 30, 1988, be charged 2 times the surcharge otherwise

applicable under subsection (d) of this section; and

(II) for the period beginning July 1, 1988, and ending

December 31, 1988, be charged 4 times the surcharge

otherwise applicable under subsection (d) of this section;

and

(ii) on or after January 1, 1989, any low-level radioactive

waste generated within such region or non-member State may be

denied access to the regional disposal facilities referred to

in paragraphs (1) through (3) of subsection (b) of this

section.

(C) By January 1, 1990

If any non-sited compact region or non-member State fails to

comply with paragraph (1)(C), any low-level radioactive waste

generated within such region or non-member State may be denied

access to the regional disposal facilities referred to in

paragraphs (1) through (3) of subsection (b) of this section.

(D) By January 1, 1992

If any non-sited compact region or non-member State fails to

comply with paragraph (1)(D), any generator of low-level

radioactive waste within such region or non-member State shall,

for the period beginning January 1, 1992 and ending upon the

filing of the application described in paragraph (1)(D), be

charged 3 times the surcharge otherwise applicable under

subsection (d) of this section.

(3) Denial of access

No denial or suspension of access to a regional disposal

facility under paragraph (2) may be based on the source, class,

or type of low-level radioactive waste.

(4) Restoration of suspended access; penalties for failure to

comply

Any access to a regional disposal facility that is suspended

under paragraph (2) shall be restored after the non-sited compact

region or non-member State involved complies with such

requirement. Any payment of surcharge penalties pursuant to

paragraph (2) for failure to comply with the requirements of this

subsection shall be terminated after the non-sited compact region

or non-member State involved complies with such requirements.

(f) Monitoring of compliance and denial of access to non-Federal

facilities for noncompliance; information requirements of certain

States; proprietary information

(1) Administration

Each State and compact commission in which a regional disposal

facility referred to in paragraphs (1) through (3) of subsection

(b) of this section is located shall have authority -

(A) to monitor compliance with the limitations, allocations,

and requirements established in this section; and

(B) to deny access to any non-Federal low-level radioactive

waste disposal facilities within its borders to any low-level

radioactive waste that -

(i) is in excess of the limitations or allocations

established in this section; or

(ii) is not required to be accepted due to the failure of a

compact region or State to comply with the requirements of

subsection (e)(1) of this section.

(2) Availability of information during interim access period

(A) The States of South Carolina, Washington, and Nevada may

require information from disposal facility operators, generators,

intermediate handlers, and the Department of Energy that is

reasonably necessary to monitor the availability of disposal

capacity, the use and assignment of allocations and the

applicability of surcharges.

(B) The States of South Carolina, Washington, and Nevada may,

after written notice followed by a period of at least 30 days,

deny access to disposal capacity to any generator or intermediate

handler who fails to provide information under subparagraph (A).

(C) Proprietary information. -

(i) Trade secrets, proprietary and other confidential

information shall be made available to a State under this

subsection upon request only if such State -

(I) consents in writing to restrict the dissemination of

the information to those who are directly involved in

monitoring under subparagraph (A) and who have a need to

know;

(II) accepts liability for wrongful disclosure; and

(III) demonstrates that such information is essential to

such monitoring.

(ii) The United States shall not be liable for the wrongful

disclosure by any individual or State of any information

provided to such individual or State under this subsection.

(iii) Whenever any individual or State has obtained

possession of information under this subsection, the individual

shall be subject to the same provisions of law with respect to

the disclosure of such information as would apply to an officer

or employee of the United States or of any department or agency

thereof and the State shall be subject to the same provisions

of law with respect to the disclosure of such information as

would apply to the United States or any department or agency

thereof. No State or State officer or employee who receives

trade secrets, proprietary information, or other confidential

information under sections 2021b to 2021j of this title may be

required to disclose such information under State law.

(g) Nondiscrimination

Except as provided in subsections (b) through (e) of this

section, low-level radioactive waste disposed of under this section

shall be subject without discrimination to all applicable legal

requirements of the compact region and State in which the disposal

facility is located as if such low-level radioactive waste were

generated within such compact region.

-SOURCE-

(Pub. L. 96-573, Sec. 5, as added Pub. L. 99-240, title I, Sec.

102, Jan. 15, 1986, 99 Stat. 1846.)

-COD-

CODIFICATION

Section was enacted as part of the Low-Level Radioactive Waste

Policy Act, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021b, 2021c, 2021d,

2021f, 2021g, 2023 of this title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 2021f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2021f. Emergency access

-STATUTE-

(a) In general

The Nuclear Regulatory Commission may grant emergency access to

any regional disposal facility or non-Federal disposal facility

within a State that is not a member of a compact for specific

low-level radioactive waste, if necessary to eliminate an immediate

and serious threat to the public health and safety or the common

defense and security. The procedure for granting emergency access

shall be as provided in this section.

(b) Request for emergency access

Any generator of low-level radioactive waste, or any Governor

(or, for any State without a Governor, the chief executive officer

of the State) on behalf of any generator or generators located in

his or her State, may request that the Nuclear Regulatory

Commission grant emergency access to a regional disposal facility

or a non-Federal disposal facility within a State that is not a

member of a compact for specific low-level radioactive waste. Any

such request shall contain any information and certifications the

Nuclear Regulatory Commission may require.

(c) Determination of Nuclear Regulatory Commission

(1) Required determination

Not later than 45 days after receiving a request under

subsection (b) of this section, the Nuclear Regulatory Commission

shall determine whether -

(A) emergency access is necessary because of an immediate and

serious threat to the public health and safety or the common

defense and security; and

(B) the threat cannot be mitigated by any alternative

consistent with the public health and safety, including storage

of low-level radioactive waste at the site of generation or in

a storage facility obtaining access to a disposal facility by

voluntary agreement, purchasing disposal capacity available for

assignment pursuant to section 2021e(c) of this title or

ceasing activities that generate low-level radioactive waste.

(2) Required notification

If the Nuclear Regulatory Commission makes the determinations

required in paragraph (1) in the affirmative, it shall designate

an appropriate non-Federal disposal facility or facilities, and

notify the Governor (or chief executive officer) of the State in

which such facility is located and the appropriate compact

commission that emergency access is required. Such notification

shall specifically describe the low-level radioactive waste as to

source, physical and radiological characteristics, and the

minimum volume and duration, not exceeding 180 days, necessary to

alleviate the immediate threat to public health and safety or the

common defense and security. The Nuclear Regulatory Commission

shall also notify the Governor (or chief executive officer) of

the State in which the low-level radioactive waste requiring

emergency access was generated that emergency access has been

granted and that, pursuant to subsection (e) of this section, no

extension of emergency access may be granted absent diligent

State action during the period of the initial grant.

(d) Temporary emergency access

Upon determining that emergency access is necessary because of an

immediate and serious threat to the public health and safety or the

common defense and security, the Nuclear Regulatory Commission may

at its discretion grant temporary emergency access, pending its

determination whether the threat could be mitigated by any

alternative consistent with the public health and safety. In

granting access under this subsection, the Nuclear Regulatory

Commission shall provide the same notification and information

required under subsection (c) of this section. Absent a

determination that no alternative consistent with the public health

and safety would mitigate the threat, access granted under this

subsection shall expire 45 days after the granting of temporary

emergency access under this subsection.

(e) Extension of emergency access

The Nuclear Regulatory Commission may grant one extension of

emergency access beyond the period provided in subsection (c) of

this section, if it determines that emergency access continues to

be necessary because of an immediate and serious threat to the

public health and safety or the common defense and security that

cannot be mitigated by any alternative consistent with the public

health and safety, and that the generator of low-level radioactive

waste granted emergency access and the State in which such

low-level radioactive waste was generated have diligently though

unsuccessfully acted during the period of the initial grant to

eliminate the need for emergency access. Any extension granted

under this subsection shall be for the minimum volume and duration

the Nuclear Regulatory Commission finds necessary to eliminate the

immediate threat to public health and safety or the common defense

and security, and shall not in any event exceed 180 days.

(f) Reciprocal access

Any compact region or State not a member of a compact that

provides emergency access to non-Federal disposal facilities within

its borders shall be entitled to reciprocal access to any

subsequently operating non-Federal disposal facility that serves

the State or compact region in which low-level radioactive waste

granted emergency access was generated. The compact commission or

State having authority to approve importation of low-level

radioactive waste to the disposal facility to which emergency

access was granted shall designate for reciprocal access an equal

volume of low-level radioactive waste having similar

characteristics to that provided emergency access.

(g) Approval by compact commission

Any grant of access under this section shall be submitted to the

compact commission for the region in which the designated disposal

facility is located for such approval as may be required under the

terms of its compact. Any such compact commission shall act to

approve emergency access not later than 15 days after receiving

notification from the Nuclear Regulatory Commission, or reciprocal

access not later than 15 days after receiving notification from the

appropriate authority under subsection (f) of this section.

(h) Limitations

No State shall be required to provide emergency or reciprocal

access to any regional disposal facility within its borders for

low-level radioactive waste not meeting criteria established by the

license or license agreement of such facility, or in excess of the

approved capacity of such facility, or to delay the closing of any

such facility pursuant to plans established before receiving a

request for emergency or reciprocal access. No State shall, during

any 12-month period, be required to provide emergency or reciprocal

access to any regional disposal facility within its borders for

more than 20 percent of the total volume of low-level radioactive

waste accepted for disposal at such facility during the previous

calendar year.

(i) Volume reduction and surcharges

Any low-level radioactive waste delivered for disposal under this

section shall be reduced in volume to the maximum extent

practicable and shall be subject to surcharges established in

sections 2021b to 2021j of this title.

(j) Deduction from allocation

Any volume of low-level radioactive waste granted emergency or

reciprocal access under this section, if generated by any

commercial nuclear power reactor, shall be deducted from the

low-level radioactive waste volume allocable under section 2021e(c)

of this title.

(k) Agreement States

Any agreement under section 2021 of this title shall not be

applicable to the determinations of the Nuclear Regulatory

Commission under this section.

-SOURCE-

(Pub. L. 96-573, Sec. 6, as added Pub. L. 99-240, title I, Sec.

102, Jan. 15, 1986, 99 Stat. 1855.)

-COD-

CODIFICATION

Section was enacted as part of the Low-Level Radioactive Waste

Policy Act, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021b, 2021c, 2021d,

2021e, 2021g, 2023 of this title.

-End-

-CITE-

42 USC Sec. 2021g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2021g. Responsibilities of Department of Energy

-STATUTE-

(a) Financial and technical assistance

The Secretary shall, to the extent provided in appropriations

Act, provide to those compact regions, host States, and nonmember

States detemined (!1) by the Secretary to require assistance for

purposes of carrying out sections 2021b to 2021j of this title -

(1) continuing technical assistance to assist them in

fulfilling their responsibilities under sections 2021b to 2021j

of this title. Such technical assistance shall include, but not

be limited to, technical guidelines for site selection,

alternative technologies for low-level radioactive waste

disposal, volume reduction options, management techniques to

reduce low-level waste generation, transportation practices for

shipment of low-level wastes, health and safety considerations in

the storage, shipment and disposal of low-level radioactive

wastes, and establishment of a computerized data-base to monitor

the management of low-level radioactive wastes; and

(2) through the end of fiscal year 1993, financial assistance

to assist them in fulfilling their responsibilities under

sections 2021b to 2021j of this title.

(b) Omitted

-SOURCE-

(Pub. L. 96-573, Sec. 7, as added Pub. L. 99-240, title I, Sec.

102, Jan. 15, 1986, 99 Stat. 1858.)

-COD-

CODIFICATION

Subsec. (b) of this section, which required the Secretary to

prepare and submit to Congress on an annual basis a report on

low-level waste disposal, terminated, effective May 15, 2000,

pursuant to section 3003 of Pub. L. 104-66, as amended, set out as

a note under section 1113 of Title 31, Money and Finance. See,

also, item 2 on page 84 of House Document No. 103-7.

Section was enacted as part of the Low-Level Radioactive Waste

Policy Act, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021b, 2021d, 2021e,

2021f, 2023 of this title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 2021h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2021h. Alternative disposal methods

-STATUTE-

(a) Not later than 12 months after January 15, 1986, the Nuclear

Regulatory Commission shall, in consultation with the States and

other interested persons, identify methods for the disposal of

low-level radioactive waste other than shallow land burial, and

establish and publish technical guidance regarding licensing of

facilities that use such methods.

(b) Not later than 24 months after January 15, 1986, the

Commission shall, in consultation with the States and other

interested persons, identify and publish all relevant technical

information regarding the methods identified pursuant to subsection

(a) of this section that a State or compact must provide to the

Commission in order to pursue such methods, together with the

technical requirements that such facilities must meet, in the

judgment of the Commission, if pursued as an alternative to shallow

land burial. Such technical information and requirements shall

include, but need not be limited to, site suitability, site design,

facility operation, disposal site closure, and environmental

monitoring, as necessary to meet the performance objectives

established by the Commission for a licensed low-level radioactive

waste disposal facility. The Commission shall specify and publish

such requirements in a manner and form deemed appropriate by the

Commission.

-SOURCE-

(Pub. L. 96-573, Sec. 8, as added Pub. L. 99-240, title I, Sec.

102, Jan. 15, 1986, 99 Stat. 1858.)

-COD-

CODIFICATION

Section was enacted as part of the Low-Level Radioactive Waste

Policy Act, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021b, 2021d, 2021e,

2021f, 2021g, 2023 of this title.

-End-

-CITE-

42 USC Sec. 2021i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2021i. Licensing review and approval

-STATUTE-

In order to ensure the timely development of new low-level

radioactive waste disposal facilities, the Nuclear Regulatory

Commission or, as appropriate, agreement States, shall consider an

application for a disposal facility license in accordance with the

laws applicable to such application, except that the Commission and

the agreement state (!1) shall -

(1) not later than 12 months after January 15, 1986, establish

procedures and develop the technical capability for processing

applications for such licenses;

(2) to the extent practicable, complete all activities

associated with the review and processing of any application for

such a license (except for public hearings) no later than 15

months after the date of receipt of such application; and

(3) to the extent practicable, consolidate all required

technical and environmental reviews and public hearings.

-SOURCE-

(Pub. L. 96-573, Sec. 9, as added Pub. L. 99-240, title I, Sec.

102, Jan. 15, 1986, 99 Stat. 1859.)

-COD-

CODIFICATION

Section was enacted as part of the Low-Level Radioactive Waste

Policy Act, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021b, 2021d, 2021e,

2021f, 2021g, 2023 of this title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 2021j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2021j. Radioactive waste below regulatory concern

-STATUTE-

(a) Not later than 6 months after January 15, 1986, the

Commission shall establish standards and procedures, pursuant to

existing authority, and develop the technical capability for

considering and acting upon petitions to exempt specific

radioactive waste streams from regulation by the Commission due to

the presence of radionuclides in such waste streams in sufficiently

low concentrations or quantities as to be below regulatory concern.

(b) The standards and procedures established by the Commission

pursuant to subsection (a) of this section shall set forth all

information required to be submitted to the Commission by licensees

in support of such petitions, including, but not limited to -

(1) a detailed description of the waste materials, including

their origin, chemical composition, physical state, volume, and

mass; and

(2) the concentration or contamination levels, half-lives, and

identities of the radionuclides present.

Such standards and procedures shall provide that, upon receipt of a

petition to exempt a specific radioactive waste stream from

regulation by the Commission, the Commission shall determine in an

expeditious manner whether the concentration or quantity of

radionuclides present in such waste stream requires regulation by

the Commission in order to protect the public health and safety.

Where the Commission determines that regulation of a radioactive

waste stream is not necessary to protect the public health and

safety, the Commission shall take such steps as may be necessary,

in an expeditious manner, to exempt the disposal of such

radioactive waste from regulation by the Commission.

-SOURCE-

(Pub. L. 96-573, Sec. 10, as added Pub. L. 99-240, title I, Sec.

102, Jan. 15, 1986, 99 Stat. 1859.)

-COD-

CODIFICATION

Section was enacted as part of the Low-Level Radioactive Waste

Policy Act, and not as part of the Atomic Energy Act of 1954 which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021b, 2021d, 2021e,

2021f, 2021g, 2023 of this title.

-End-

-CITE-

42 USC Sec. 2022 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2022. Health and environmental standards for uranium mill

tailings

-STATUTE-

(a) Promulgation and revision of rules for protection from hazards

at inactive or depository sites

As soon as practicable, but not later than October 1, 1982, the

Administrator of the Environmental Protection Agency (hereinafter

referred to in this section as the "Administrator") shall, by rule,

promulgate standards of general application (including standards

applicable to licenses under section 104(h) of the Uranium Mill

Tailings Radiation Control Act of 1978 [42 U.S.C. 7914(h)]) for the

protection of the public health, safety, and the environment from

radiological and nonradiological hazards associated with residual

radioactive materials (as defined in section 101 of the Uranium

Mill Tailings Radiation Control Act of 1978 [42 U.S.C. 7911])

located at inactive uranium mill tailings sites and depository

sites for such materials selected by the Secretary of Energy,

pursuant to title I of the Uranium Mill Tailings Radiation Control

Act of 1978 [42 U.S.C. 7911 et seq.]. Standards promulgated

pursuant to this subsection shall, to the maximum extent

practicable, be consistent with the requirements of the Solid Waste

Disposal Act, as amended [42 U.S.C. 6901 et seq.]. In establishing

such standards, the Administrator shall consider the risk to the

public health, safety, and the environment, the environmental and

economic costs of applying such standards, and such other factors

as the Administrator determines to be appropriate. The

Administrator may periodically revise any standard promulgated

pursuant to this subsection. After October 1, 1982, if the

Administrator has not promulgated standards in final form under

this subsection, any action of the Secretary of Energy under title

I of the Uranium Mill Tailings Radiation Control Act of 1978 which

is required to comply with, or be taken in accordance with,

standards of the Administrator shall comply with, or be taken in

accordance with, the standards proposed by the Administrator under

this subsection until such time as the Administrator promulgates

such standards in final form.

(b) Promulgation and revision of rules for protection from hazards

at processing or disposal sites

(1) As soon as practicable, but not later than October 31, 1982,

the Administrator shall, by rule, propose, and within 11 months

thereafter promulgate in final form, standards of general

application for the protection of the public health, safety, and

the environment from radiological and nonradiological hazards

associated with the processing and with the possession, transfer,

and disposal of byproduct material, as defined in section

2014(e)(2) of this title, at sites at which ores are processed

primarily for their source material content or which are used for

the disposal of such byproduct material. If the Administrator fails

to promulgate standards in final form under this subsection by

October 1, 1983, the authority of the Administrator to promulgate

such standards shall terminate, and the Commission may take actions

under this chapter without regard to any provision of this chapter

requiring such actions to comply with, or be taken in accordance

with, standards promulgated by the Administrator. In any such case,

the Commission shall promulgate, and from time to time revise, any

such standards of general application which the Commission deems

necessary to carry out its responsibilities in the conduct of its

licensing activities under this chapter. Requirements established

by the Commission under this chapter with respect to byproduct

material as defined in section 2014(e)(2) of this title shall

conform to such standards. Any requirements adopted by the

Commission respecting such byproduct material before promulgation

by the Commission of such standards shall be amended as the

Commission deems necessary to conform to such standards in the same

manner as provided in subsection (f)(3) of this section. Nothing in

this subsection shall be construed to prohibit or suspend the

implementation or enforcement by the Commission of any requirement

of the Commission respecting byproduct material as defined in

section 2014(e)(2) of this title pending promulgation by the

Commission of any such standard of general application. In

establishing such standards, the Administrator shall consider the

risk to the public health, safety, and the environment, the

environmental and economic costs of applying such standards, and

such other factors as the Administrator determines to be

appropriate.

(2) Such generally applicable standards promulgated pursuant to

this subsection for nonradiological hazards shall provide for the

protection of human health and the environment consistent with the

standards required under subtitle C of the Solid Waste Disposal

Act, as amended [42 U.S.C. 6921 et seq.], which are applicable to

such hazards: Provided, however, That no permit issued by the

Administrator is required under this chapter or the Solid Waste

Disposal Act, as amended [42 U.S.C. 6901 et seq.], for the

processing, possession, transfer, or disposal of byproduct

material, as defined in section 2014(e)(2) of this title. The

Administrator may periodically revise any standard promulgated

pursuant to this subsection. Within three years after such revision

of any such standard, the Commission and any State permitted to

exercise authority under section 2021(b)(2) of this title shall

apply such revised standard in the case of any license for

byproduct material as defined in section 2014(e)(2) of this title

or any revision thereof.

(c) Publication in Federal Register; notice and hearing;

consultations; judicial review; time for petition; venue; copy to

Administrator; record; administrative jurisdiction; review by

Supreme Court; effective date of rule

(1) Before the promulgation of any rule pursuant to this section,

the Administrator shall publish the proposed rule in the Federal

Register, together with a statement of the research, analysis, and

other available information in support of such proposed rule, and

provide a period of public comment of at least thirty days for

written comments thereon and an opportunity, after such comment

period and after public notice, for any interested person to

present oral data, views, and arguments at a public hearing. There

shall be a transcript of any such hearing. The Administrator shall

consult with the Commission and the Secretary of Energy before

promulgation of any such rule.

(2) Judicial review of any rule promulgated under this section

may be obtained by any interested person only upon such person

filing a petition for review within sixty days after such

promulgation in the United States court of appeals for the Federal

judicial circuit in which such person resides or has his principal

place of business. A copy of the petition shall be forthwith

transmitted by the clerk of court to the Administrator. The

Administrator thereupon shall file in the court the written

submissions to, and transcript of, the written or oral proceedings

on which such rule was based as provided in section 2112 of title

28. The court shall have jurisdiction to review the rule in

accordance with chapter 7 of title 5 and to grant appropriate

relief as provided in such chapter. The judgement of the court

affirming, modifying, or setting aside, in whole or in part, any

such rule shall be final, subject to judicial review by the Supreme

Court of the United States upon certiorari or certification as

provided in section 1254 of title 28.

(3) Any rule promulgated under this section shall not take effect

earlier than sixty calendar days after such promulgation.

(d) Federal and State implementation and enforcement

Implementation and enforcement of the standards promulgated

pursuant to subsection (b) of this section shall be the

responsibility of the Commission in the conduct of its licensing

activities under this chapter. States exercising authority pursuant

to section 2021(b)(2) of this title shall implement and enforce

such standards in accordance with subsection (o) of such section.

(e) Other authorities of Administrator unaffected

Nothing in this chapter applicable to byproduct material, as

defined in section 2014(e)(2) of this title, shall affect the

authority of the Administrator under the Clean Air Act of 1970, as

amended [42 U.S.C. 7401 et seq.], or the Federal Water Pollution

Control Act, as amended [33 U.S.C. 1251 et seq.].

(f) Implementation or enforcement of Uranium Mill Licensing

Requirements

(1) Prior to January 1, 1983, the Commission shall not implement

or enforce the provisions of the Uranium Mill Licensing

Requirements published as final rules at 45 Federal Register 65521

to 65538 on October 3, 1980 (hereinafter in this subsection

referred to as the "October 3 regulations"). After December 31,

1982, the Commission is authorized to implement and enforce the

provisions of such October 3 regulations (and any subsequent

modifications or additions to such regulations which may be adopted

by the Commission), except as otherwise provided in paragraphs (2)

and (3) of this subsection.

(2) Following the proposal by the Administrator of standards

under subsection (b) of this section, the Commission shall review

the October 3 regulations, and, not later than 90 days after the

date of such proposal, suspend implementation and enforcement of

any provision of such regulations which the Commission determines

after notice and opportunity for public comment to require a major

action or major commitment by licensees which would be unnecessary

if -

(A) the standards proposed by the Administrator are promulgated

in final form without modification, and

(B) the Commission's requirements are modified to conform to

such standards.

Such suspension shall terminate on the earlier of April 1, 1984 or

the date on which the Commission amends the October 3 regulations

to conform to final standards promulgated by the Administrator

under subsection (b) of this section. During the period of such

suspension, the Commission shall continue to regulate byproduct

material (as defined in section 2014(e)(2) of this title) under

this chapter on a licensee-by-licensee basis as the Commission

deems necessary to protect public health, safety, and the

environment.

(3) Not later than 6 months after the date on which the

Administrator promulgates final standards pursuant to subsection

(b) of this section, the Commission shall, after notice and

opportunity for public comment, amend the October 3 regulations,

and adopt such modifications, as the Commission deems necessary to

conform to such final standards of the Administrator.

(4) Nothing in this subsection may be construed as affecting the

authority or responsibility of the Commission under section 2114 of

this title to promulgate regulations to protect the public health

and safety and the environment.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 275, as added Pub. L. 95-604,

title II, Sec. 206(a), Nov. 8, 1978, 92 Stat. 3039; amended Pub. L.

97-415, Secs. 18(a), 22(b), Jan. 4, 1983, 96 Stat. 2077, 2080;

renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.

24, 1992, 106 Stat. 2944.)

-REFTEXT-

REFERENCES IN TEXT

The Uranium Mill Tailings Radiation Control Act of 1978, referred

to in subsec. (a), is Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3021,

as amended. Title I of such act is classified generally to

subchapter I (Sec. 7911 et seq.) of chapter 88 of this title. For

complete classification of this act to the Code, see Short Title

note set out under section 7901 of this title and Tables.

The Solid Waste Disposal Act, as amended, referred to in subsecs.

(a) and (b)(2), is title II of Pub. L. 89-272, as amended generally

by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is

classified generally to chapter 82 (Sec. 6901 et seq.) of this

title. Subtitle C of the Solid Waste Disposal Act is classified

generally to subchapter III (Sec. 6921 et seq.) of chapter 82 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 6901 of this title and

Tables.

The Clean Air Act of 1970, as amended, referred to in subsec.

(e), probably means the Clean Air Act, which is act July 14, 1955,

ch. 360, 69 Stat. 322, as amended, which is classified generally to

chapter 85 (Sec. 7401 et seq.) of this title. For complete

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

out under section 7401 of this title and Tables.

The Federal Water Pollution Control Act, as amended, referred to

in subsec. (e), is act June 30, 1948, ch. 758, as amended generally

by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is

classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,

Navigation and Navigable Waters. For complete classification of

this Act to the Code, see Short Title note set out under section

1251 of Title 33 and Tables.

-MISC1-

AMENDMENTS

1983 - Subsec. (a). Pub. L. 97-415, Secs. 18(a)(1), 22(b)(1),

substituted "October 1, 1982" for "one year after November 8, 1978"

inserted provisions relating to the application of the

Administrator's proposed standards to actions by the Secretary of

Energy in the event the Administrator fails to promulgate standards

in final form after Oct. 1, 1982, and inserted provisions that in

establishing standards, the Administrator shall consider risk to

public health, safety, and the environment, environmental and

economic costs of applying such standards, and such other factors

as the Administrator determines to be appropriate.

Subsec. (b)(1). Pub. L. 97-415, Secs. 18(a)(2), (3), 22(b)(2),

substituted "October 31, 1982, the Administrator shall, by rule,

propose, and within 11 months thereafter promulgate in final form,"

for "eighteen months after November 8, 1978, the Administrator

shall, by rule, promulgate" inserted provisions relating to the

consequences of failure by the Administrator to promulgate

standards in final form by Oct. 1, 1983, and inserted provisions

that in establishing standards, the Administrator shall consider

risk to public health, safety, and the environment, environmental

and economic costs of applying such standards, and such other

factors as the Administrator determines to be appropriate.

Subsec. (f). Pub. L. 97-415, Sec. 18(a)(4), added subsec. (f).

EFFECTIVE DATE

Section effective Nov. 8, 1978, see section 208 of Pub. L.

95-604, set out as an Effective Date of 1978 Amendment note under

section 2014 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021, 2114, 7913, 7914,

7918 of this title.

-End-

-CITE-

42 USC Sec. 2023 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2023. State authority to regulate radiation below level of

regulatory concern of Nuclear Regulatory Commission

-STATUTE-

(a) In general

No provision of this chapter, or of the Low-Level Radioactive

Waste Policy Act [42 U.S.C. 2021b et seq.], may be construed to

prohibit or otherwise restrict the authority of any State to

regulate, on the basis of radiological hazard, the disposal or

off-site incineration of low-level radioactive waste, if the

Nuclear Regulatory Commission, after October 24, 1992, exempts such

waste from regulation.

(b) Relation to other State authority

This section may not be construed to imply preemption of existing

State authority. Except as expressly provided in subsection (a) of

this section, this section may not be construed to confer on any

State any additional authority to regulate activities licensed by

the Nuclear Regulatory Commission.

(c) Definitions

For purposes of this section:

(1) The term "low-level radioactive waste" means radioactive

material classified by the Nuclear Regulatory Commission as

low-level radioactive waste on October 24, 1992.

(2) The term "off-site incineration" means any incineration of

radioactive materials at a facility that is located off the site

where such materials were generated.

(3) The term "State" means each of the several States, the

District of Columbia, and any commonwealth, territory, or

possession of the United States.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 276, as added Pub. L.

102-486, title XXIX, Sec. 2901(a), Oct. 24, 1992, 106 Stat. 3122.)

-REFTEXT-

REFERENCES IN TEXT

The Low-Level Radioactive Waste Policy Act, referred to in

subsec. (a), is Pub. L. 96-573, as amended generally by Pub. L.

99-240, title I, Sec. 102, Jan. 15, 1986, 99 Stat. 1842, which is

classified generally to section 2021b et seq. of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2021b of this title and Tables.

-End-

-CITE-

42 USC SUBCHAPTER II - ORGANIZATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER II - ORGANIZATION

-HEAD-

SUBCHAPTER II - ORGANIZATION

-End-

-CITE-

42 USC Secs. 2031, 2032 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER II - ORGANIZATION

-HEAD-

Secs. 2031, 2032. Repealed. Pub. L. 93-438, title I, Sec. 104(a),

Oct. 11, 1974, 88 Stat. 1237

-MISC1-

Section 2031, act Aug. 1, 1946, ch. 724, Sec. 21, as added Aug.

30, 1954, ch. 1073, Sec. 1, 68 Stat. 924; amended Aug. 9, 1955, ch.

697, Sec. 3, 69 Stat. 630, provided for establishment of Atomic

Energy Commission, its composition, Chairman, acting Chairman,

quorum, official spokesman, and seal.

Provisions similar to section 2031 were contained in section

1802(a)(1) of this title prior to the general amendment and

renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68

Stat. 921.

Section 2032, act Aug. 1, 1946, ch. 724, Sec. 22, as added Aug.

30, 1954, ch. 1073, Sec. 1, 68 Stat. 924; amended Sept. 4, 1957,

Pub. L. 85-287, Sec. 1, 71 Stat. 612; Aug. 14, 1964, Pub. L.

88-426, title III, Sec. 305(10)(A), 78 Stat. 423, provided for

appointment of members of Commission, terms of office, and

prohibition from engaging in any other vocation, business, or

employment, by the members.

Provisions similar to section 2032 were contained in section

1802(a)(2) of this title prior to the general amendment and

renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68

Stat. 921.

EFFECTIVE DATE OF REPEAL

Repeal effective 120 days after Oct. 11, 1974, or on such earlier

date as the President may prescribe and publish in the Federal

Register, see section 312(a) of Pub. L. 93-438, set out as a note

under section 5801 of this title.

-EXEC-

EX. ORD. NO. 9816. TRANSFER OF PROPERTY AND PERSONNEL TO THE ATOMIC

ENERGY COMMISSION

Ex. Ord. No. 9816, eff. Dec. 31, 1946, 12 F.R. 37, provided:

By virtue of the authority vested in me by the Constitution and

the statutes, including the Atomic Energy Act of 1946 [this

chapter], and as President of the United States and Commander in

Chief of the Army and the Navy, it is hereby ordered and directed

as follows:

1. There are transferred to the Atomic Energy Commission all

interests owned by the United States or any Government agency in

the following property:

(a) All fissionable material; all atomic weapons and parts

thereof; all facilities, equipment, and materials for the

processing, production, or utilization of fissionable material or

atomic energy; all processes and technical information of any kind,

and the source thereof (including data, drawings, specifications,

patents, patent applications, and other sources) relating to the

processing, production, or utilization of fissionable material or

atomic energy; and all contracts, agreements, leases, patents,

applications for patents, inventions and discoveries (whether

patented or unpatented), and other rights of any kind concerning

any such items.

(b) All facilities, equipment, and materials, devoted primarily

to atomic energy research and development.

2. There also are transferred to the Atomic Energy Commission all

property, real or personal, tangible or intangible, including

records, owned by or in the possession, custody or control of the

Manhattan Engineer District, War Department, in addition to the

property described in paragraph 1 above. Specific items of such

property, including records, may be excepted from transfer to the

Commission in the following manner:

(a) The Secretary of War shall notify the Commission in writing

as to the specific items of property or records he wishes to

except; and

(b) If after full examination of the facts by the Commission, it

concurs in the exception, those specific items of property or

records shall be excepted from transfer to the Commission; or

(c) If after full examination of the facts by the Commission, it

does not concur in the exception, the matter shall be referred to

the President for decision.

3. The Atomic Energy Commission shall exercise full jurisdiction

over all interests and property transferred to the Commission in

paragraphs 1 and 2 above, in accordance with the provisions of the

Atomic Energy Act of 1946 [this chapter].

4. Any Government agency is authorized to transfer to the Atomic

Energy Commission, at the request of the Commission, any property,

real or personal, tangible or intangible, acquired or used by such

Government agency in connection with any of the property or

interests transferred to the Commission by paragraphs 1 and 2

above.

5. Each Government agency shall supply the Atomic Energy

Commission with a report on, and an accounting and inventory of,

all interests and property, described in paragraphs 1, 2 and 4

above, owned by or in the possession, custody, or control of such

Government agency, the form and detail of such report, accounting

and inventory, to be determined by mutual agreement, or, in case of

nonagreement, by the Director of the Bureau of the Budget.

6. (a) There also are transferred to the Atomic Energy

Commission, all civilian officers and employees of the Manhattan

Engineer District, War Department, except that the Commission and

the Secretary of War may by mutual agreement exclude any of such

personnel from transfer to the Commission.

(b) The military and naval personnel heretofore assigned or

detailed to the Manhattan Engineer District. War Department, shall

continue to be made available to the Commission, for military and

naval duty, in similar manner, without prejudice, to the military

or naval status of such personnel, for such periods of time as may

be agreed mutually by the Commission and the Secretary of War or

the Secretary of the Navy.

7. The assistance and the services, personal or other, including

the use of property, heretofore made available by any Government

agency to the Manhattan Engineer District, War Department, shall be

made available to the Atomic Energy Commission for the same

purposes as heretofore and under the arrangements now existing

until terminated after 30 days notice given by the Commission or by

the Government agency concerned in each case.

8. The Commission is authorized to exercise all of the powers and

functions vested in the Secretary of War by Executive Order No.

9001, of December 27, 1941, as amended, in so far as they relate to

contracts heretofore made by or hereby transferred to the

Commission.

9. Such further measures and dispositions as may be determined by

the Atomic Energy Commission and any Government agency concerned to

be necessary to effectuate the transfers authorized or directed by

this order shall be carried out in such manner as the Director of

the Bureau of the Budget may direct and by such agencies as he may

designate.

10. This order shall be effective as of midnight, December 31,

1946.

Ex. Ord. No. 9816, was amended by Ex. Ord. No. 10657, Feb. 15,

1956, 21 F.R. 1063, and Ex. Ord. No. 11105, Apr. 19, 1963, 28 F.R.

3909, formerly set out as notes under section 2313 of this title,

to the extent that it may be inconsistent with such Executive

orders.

EX. ORD. NO. 9829. EXTENSION OF EXECUTIVE ORDER NO. 9177 TO ATOMIC

ENERGY COMMITTEE

Ex. Ord. No. 9829, eff. Feb. 21, 1947, 12 F.R. 1259, provided:

By virtue of the authority vested in me by the Constitution and

laws of the United States, and particularly by Title I of the First

War Powers Act, 1941, approved December 18, 1941 (55 Stat. 838),

and in the interest of the internal management of the Government, I

hereby extend the provisions of Executive Order No. 9177 of May 30,

1942 (7 F.R. 4195), to the United States Atomic Energy Commission;

and, subject to the limitations contained in that order, I hereby

authorize the United States Atomic Energy Commission to perform and

exercise all of the functions and powers vested in and granted to

the Secretary of War, the Secretary of the Treasury, the Secretary

of Agriculture, and the Reconstruction Finance Corporation by that

order.

This order shall be applicable to articles entered for

consumption, or withdrawn from warehouse for consumption, on or

after January 1, 1947.

-End-

-CITE-

42 USC Sec. 2033 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER II - ORGANIZATION

-HEAD-

Sec. 2033. Principal office

-STATUTE-

The principal office of the Commission shall be in or near the

District of Columbia, but the Commission or any duly authorized

representative may exercise any or all of its powers in any place;

however, the Commission shall maintain an office for the service of

process and papers within the District of Columbia.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 23, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 925; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1802(a)(3) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-MISC2-

EXPENSES FOR MOVE TO NEW PRINCIPAL OFFICE

Pub. L. 85-162, title I, Sec. 109, Aug. 21, 1957, 71 Stat. 407,

as amended by Pub. L. 85-590, Sec. 108, Aug. 4, 1958, 72 Stat. 493,

authorized the Commission to use its funds for the payment for

travel and transportation expenses in connection with the

relocation of residence of employees in order to facilitate

retention and relocation of Commission headquarter employees.

-End-

-CITE-

42 USC Sec. 2034 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER II - ORGANIZATION

-HEAD-

Sec. 2034. General Manager, Deputy and Assistant General Managers

-STATUTE-

There is established within the Commission -

(a) General Manager; chief executive officer; duties;

appointment; removal

a General manager, who shall be the chief executive officer of

the Commission, and who shall discharge such of the

administrative and executive functions of the Commission as the

Commission may direct. The General Manager shall be appointed by

the Commission, shall serve at the pleasure of the Commission and

shall be removable by the Commission.

(b) Deputy General Manager; duties; appointment; removal

a Deputy General Manager, who shall act in the stead of the

General Manager during his absence when so directed by the

General Manager, and who shall perform such other administrative

and executive functions as the General Manager shall direct. The

Deputy General Manager shall be appointed by the General Manager

with the approval of the Commission, shall serve at the pleasure

of the General Manager, and shall be removable by the General

Manager.

(c) Assistant General Managers; duties; appointment; removal

Assistant General Managers, or their equivalents (not to exceed

a total of three positions), who shall perform such

administrative and executive functions as the General Manager

shall direct. They shall be appointed by the General Manager with

the approval of the Commission, shall serve at the pleasure of

the General Manager, and shall be removable by the General

Manager.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 24, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 925; amended Pub. L. 85-287, Sec. 2,

Sept. 4, 1957, 71 Stat. 612; Pub. L. 88-426, title III, Sec.

306(f)(1)-(3), Aug. 14, 1964, 78 Stat. 429; renumbered title I,

Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.

2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1802(a)(4)(A) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1964 - Subsec. (a). Pub. L. 88-426, Sec. 306(f)(1), struck out

provisions which prescribed the compensation of the General

Manager. Such compensation is now prescribed by section 5315 of

Title 5, Government Organization and Employees.

Subsec. (b). Pub. L. 88-426, Sec. 306(f)(2), struck out

provisions which prescribed the compensation of the Deputy General

Manager. Such compensation is now prescribed by section 5316 of

Title 5, Government Organization and Employees.

Subsec. (c). Pub. L. 88-426, Sec. 306(f)(3), struck out

provisions which prescribed the compensation of the Assistant

General Managers. Such compensation is now prescribed by section

5316 of Title 5, Government Organization and Employees.

1957 - Subsec. (a). Pub. L. 85-287 designated existing provisions

as subsec. (a), designated the General Manager as the chief

executive officer of the Commission, and increased his compensation

from $20,000 to $22,000 per annum.

Subsecs. (b), (c). Pub. L. 85-287 added subsecs. (b) and (c).

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-426 effective on first day of first pay

period which begins on or after July 1, 1964, except to the extent

provided in section 501(c) of Pub. L. 88-426.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2035 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER II - ORGANIZATION

-HEAD-

Sec. 2035. Divisions, offices, and positions

-STATUTE-

There is established within the Commission -

(a) Program divisions; appointment and powers of Assistant

General Manager and Division Directors

a Division of Military Application and such other program

divisions (not to exceed ten in number) as the Commission may

determine to the necessary to the discharge of its

responsibilities, including a division or divisions the primary

responsibilities of which include the development and application

of civilian uses of atomic energy. The Division of Military

Application shall be under the direction of an Assistant General

Manager for Military Application, who shall be appointed by the

Commission and shall be an active commissioned officer of the

Armed Forces serving in general or flag officer rank or grade, as

appropriate. Each other program division shall be under the

direction of a Director who shall be appointed by the Commission.

The Commission shall require each such division to exercise such

of the Commission's administrative and executive powers as the

Commission may determine;

(b) General Counsel

an Office of the General Counsel under the direction of the

General Counsel who shall be appointed by the Commission; and

(c) Inspection Division; duties

an Inspection Division under the direction of a Director who

shall be appointed by the Commission. The Inspection Division

shall be responsible for gathering information to show whether or

not the contractors, licensees, and officers and employees of the

Commission are complying with the provisions of this chapter

(except those provisions for which the Federal Bureau of

Investigation is responsible) and the appropriate rules and

regulations of the Commission.

(d) Executive management positions; appointment; removal

such other executive management positions (not to exceed six in

number) as the Commission may determine to be necessary to the

discharge of its responsibilities. Such positions shall be

established by the General Manager with the approval of the

Commission. They shall be appointed by the General Manager with

the approval of the Commission, shall serve at the pleasure of

the General Manager, and shall be removable by the General

Manager.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 25, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 925; amended Pub. L. 85-287, Sec. 3,

Sept. 4, 1957, 71 Stat. 612; Pub. L. 88-426, title III, Sec.

306(f)(4)-(7), Aug. 14, 1964, 78 Stat. 429, 430; Pub. L. 90-190,

Sec. 5, Dec. 14, 1967, 81 Stat. 577; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1802(a)(4)(B) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1967 - Subsec. (a). Pub. L. 90-190 substituted an Assistant

General Manager for Military Application, who would be appointed by

the Commission, for the Director of the Division of Military

Application as the head of the Division of Military Application,

inserted requirement that the Assistant General Manager be a

commissioned officer of the Armed Forces serving in general or flag

officer rank or grade, as appropriate, and substituted "other

program division" for "such division".

1964 - Subsec. (a). Pub. L. 88-426, Sec. 306(f)(4), struck out

provisions which prescribed the compensation of directors of

program divisions.

Subsec. (b). Pub. L. 88-426, Sec. 306(f)(5), struck out

provisions which prescribed compensation of General Counsel. Such

compensation is now prescribed by section 5316 of Title 5,

Government Organization and Employees.

Subsec. (c). Pub. L. 88-426, Sec. 306(f)(6), struck out

provisions which prescribed compensation of Director of Inspection

Division.

Subsec. (d). Pub. L. 88-426, Sec. 306(f)(7), struck out

provisions which prescribed compensation of executive management

positions.

1957 - Pub. L. 85-287 substituted "Divisions, offices, and

positions" for "Divisions and offices" in section catchline.

Subsec. (a). Pub. L. 85-287 increased compensation of Director

from $16,000 to $19,000 per annum.

Subsec. (b). Pub. L. 85-287 increased compensation of General

Counsel from $16,000 to $19,500 per annum.

Subsec. (c). Pub. L. 85-287 increased compensation of Director

from $16,000 to $19,000 per annum.

Subsec. (d). Pub. L. 85-287 added subsec. (d).

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-426 effective on first day of first pay

period which begins on or after July 1, 1964, except to the extent

provided in section 501(c) of Pub. L. 88-426.

-TRANS-

TRANSFER OF FUNCTIONS

Divisions of Military Application and Naval Reactors, both

established under this section, transferred to Department of Energy

by section 7158 of this title, with such organizational units to be

deemed organizational units established by chapter 84 (Sec. 7101 et

seq.) of this title. Energy Research and Development Administration

terminated pursuant to sections 7151(a) and 7293 of this title.

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. Divisions of Military

Application and Naval Reactors established under this section

transferred to Energy Research and Development Administration and

functions of Atomic Energy Commission with respect thereto

transferred to Administrator by section 5814(d) of this title. See

also Transfer of Functions notes set out under sections 5814 and

5841 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5814, 7158 of this title.

-End-

-CITE-

42 USC Sec. 2036 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER II - ORGANIZATION

-HEAD-

Sec. 2036. Repealed. Pub. L. 95-91, title VII, Sec. 709(c)(1), Aug.

4, 1977, 91 Stat. 608

-MISC1-

Section, act Aug. 1, 1946, ch. 724, Sec. 26, as added Aug. 30,

1954, ch. 1073, Sec. 1, 68 Stat. 926, established a General

Advisory Committee to advise the Atomic Energy Commission on

scientific and technical matters relating to materials, production,

and research and development.

Provisions similar to this section were contained in section

1802(b) of this title prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-End-

-CITE-

42 USC Sec. 2037 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER II - ORGANIZATION

-HEAD-

Sec. 2037. Repealed. Pub. L. 99-661, div. C, title I, Sec. 3137(c),

Nov. 14, 1986, 100 Stat. 4066

-MISC1-

Section, act Aug. 1, 1946, ch. 724, Sec. 27, as added Aug. 30,

1954, ch. 1073, Sec. 1, 68 Stat. 926; amended Aug. 14, 1964, Pub.

L. 88-426, title III, Sec. 305(10)(B), 78 Stat. 423, related to

Military Liaison Committee, its composition and duties, and

authority of Defense Department to make recommendations to

Committee.

-End-

-CITE-

42 USC Sec. 2038 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER II - ORGANIZATION

-HEAD-

Sec. 2038. Appointment of Army, Navy, or Air Force officer as

Assistant General Manager for Military Application; Chairman of

Military Liaison Committee; compensation

-STATUTE-

Notwithstanding the provisions of any other law, the officer of

the Army, Navy, or Air Force serving as Assistant General Manager

for Military Application shall serve without prejudice to his

commissioned status as such officer. Any such officer serving as

Assistant General Manager for Military Application shall receive in

addition to his pay and allowances, including special and incentive

pays, for which pay and allowances the Commission shall reimburse

his service, an amount equal to the difference between such pay and

allowances, including special and incentive pays, and the

compensation established for this position. Notwithstanding the

provisions of any other law, any active or retired officer of the

Army, Navy, or Air Force may serve as Chairman of the Military

Liaison Committee without prejudice to his active or retired status

as such officer. Any such active officer serving as Chairman of the

Military Liaison Committee shall receive, in addition to his pay

and allowances, including special and incentive pays, an amount

equal to the difference between such pay and allowances, including

special and incentive pays, and the compensation fixed for such

Chairman. Any such retired officer serving as Chairman of the

Military Liaison Committee shall receive the compensation fixed for

such Chairman and his retired pay.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 28, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 926; amended Pub. L. 88-426, title III,

Sec. 306(f)(8), Aug. 14, 1964, 78 Stat. 430; Pub. L. 88-448, title

IV, Sec. 401(f), Aug. 19, 1964, 78 Stat. 490; Pub. L. 90-190, Sec.

6, Dec. 14, 1967, 81 Stat. 577; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;

Pub. L. 107-107, div. A, title X, Sec. 1048(i)(11), Dec. 28, 2001,

115 Stat. 1230.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1802(d) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

2001 - Pub. L. 107-107 struck out ", subject to section 201 of

the Dual Compensation Act" before period at end.

1967 - Pub. L. 90-190 substituted "the officer of the Army, Navy,

or Air Force serving" for "any active officer of the Army, Navy, or

Air Force may serve" and "Assistant General Manager for Military

Application" for "Director of the Division of Military Application"

wherever appearing, provided for reimbursement by the Commission to

the service of the Assistant General Manager for the pay and

allowances received by him from his service while he is serving as

Assistant General Manager, and struck out references to sections

2211 and 2213 of former title 5.

1964 - Pub. L. 88-448 substituted provisions permitting a retired

officer serving as Chairman of the Military Liaison Committee to

receive the compensation fixed for such Chairman and his retired

pay, subject to section 3102 of former title 5, for provisions

which permitted a retired officer serving as Chairman to receive in

addition to his retired pay, an amount equal to the difference

between his retired pay and the compensation prescribed for the

Chairman.

Pub. L. 88-426 substituted "and the compensation established for

this position pursuant to section 2211 or 2213 of title 5" for "and

the compensation prescribed in section 2035 of this title".

EFFECTIVE DATE OF 1964 AMENDMENTS

Amendment by Pub. L. 88-448 effective on first day of first month

which begins later than the ninetieth day following Aug. 19, 1964,

see section 403 of Pub. L. 88-448.

Amendment by Pub. L. 88-426 effective on first day of first pay

period which begins on or after July 1, 1964, except to the extent

provided in section 501(c) of Pub. L. 88-426.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2039 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER II - ORGANIZATION

-HEAD-

Sec. 2039. Advisory Committee on Reactor Safeguards; composition;

tenure; duties; compensation

-STATUTE-

There is established an Advisory Committee on Reactor Safeguards

consisting of a maximum of fifteen members appointed by the

Commission for terms of four years each. The Committee shall review

safety studies and facility license applications referred to it and

shall make reports thereon, shall advise the Commission with regard

to the hazards of proposed or existing reactor facilities and the

adequacy of proposed reactor safety standards, and shall perform

such other duties as the Commission may request. One member shall

be designated by the Committee as its Chairman. The members of the

Committee shall receive a per diem compensation for each day spent

in meetings or conferences, or other work of the Committee, and all

members shall receive their necessary traveling or other expenses

while engaged in the work of the Committee. The provisions of

section 2203 of this title shall be applicable to the Committee.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 29, as added Pub. L. 85-256,

Sec. 5, Sept. 2, 1957, 71 Stat. 579; amended Pub. L. 95-209, Sec.

5, Dec. 13, 1977, 91 Stat. 1483; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;

Pub. L. 105-362, title XII, Sec. 1201(a), Nov. 10, 1998, 112 Stat.

3292.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-362 struck out at end "In addition to its

other duties under this section, the committee, making use of all

available sources, shall undertake a study of reactor safety

research and prepare and submit annually to the Congress a report

containing the results of such study. The first such report shall

be submitted to the Congress not later than December 31, 1977."

1977 - Pub. L. 95-209 inserted provisions which called for a

study of reactor safety research and an annual report on results of

study.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-MISC2-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. See section 14

of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the

Appendix to Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9702 of this title.

-End-

-CITE-

42 USC Sec. 2040 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER II - ORGANIZATION

-HEAD-

Sec. 2040. Fellowship program of Advisory Committee on Reactor

Safeguards; selection of fellowships

-STATUTE-

To assist the Advisory Committee on Reactor Safeguards in

carrying out its function, the committee shall establish a

fellowship program under which persons having appropriate

engineering or scientific expertise are assigned particular tasks

relating to the functions of the committee. Such fellowship shall

be for 2-year periods and the recipients of such fellowships shall

be selected pursuant to such criteria as may be established by the

committee.

-SOURCE-

(Pub. L. 95-209, Sec. 6, Dec. 13, 1977, 91 Stat. 1483.)

-COD-

CODIFICATION

Section was not enacted as part of the Atomic Energy Act of 1954.

-End-

-CITE-

42 USC SUBCHAPTER III - RESEARCH 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER III - RESEARCH

-HEAD-

SUBCHAPTER III - RESEARCH

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5817 of this title.

-End-

-CITE-

42 USC Sec. 2051 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER III - RESEARCH

-HEAD-

Sec. 2051. Research and development assistance

-STATUTE-

(a) Contracts and loans for research activities

The Commission is directed to exercise its powers in such manner

as to insure the continued conduct of research and development and

training activities in the fields specified below, by private or

public institutions or persons, and to assist in the acquisition of

an ever-expanding fund of theoretical and practical knowledge in

such fields. To this end the Commission is authorized and directed

to make arrangements (including contracts, agreements, and loans)

for the conduct of research and development activities relating to

-

(1) nuclear processes;

(2) the theory and production of atomic energy, including

processes, materials, and devices related to such production;

(3) utilization of special nuclear material and radioactive

material for medical, biological, agricultural, health, or

military purposes;

(4) utilization of special nuclear material, atomic energy, and

radioactive material and processes entailed in the utilization or

production of atomic energy or such material for all other

purposes, including industrial or commercial uses, the generation

of usable energy, and the demonstration of advances in the

commercial or industrial application of atomic energy;

(5) the protection of health and the promotion of safety during

research and production activities; and

(6) the preservation and enhancement of a viable environment by

developing more efficient methods to meet the Nation's energy

needs.

(b) Grants and contributions for facilities in educational and

training institutions

The Commission is further authorized to make grants and

contributions to the cost of construction and operation of reactors

and other facilities and other equipment to colleges, universities,

hospitals, and eleemosynary or charitable institutions for the

conduct of educational and training activities relating to the

fields in subsection (a) of this section.

(c) Purchase of supplies without advertising

The Commission may (1) make arrangements pursuant to this

section, without regard to the provisions of section 5 of title 41,

upon certification by the Commission that such action is necessary

in the interest of the common defense and security, or upon a

showing by the Commission that advertising is not reasonably

practicable; (2) make partial and advance payments under such

arrangements; and (3) make available for use in connection

therewith such of its equipment and facilities as it may deem

desirable.

(d) Prevention of dissemination of information prohibited; other

conditions of agreements

The arrangements made pursuant to this section shall contain such

provisions (1) to protect health, (2) to minimize danger to life or

property, and (3) to require the reporting and to permit the

inspection of work performed thereunder, as the Commission may

determine. No such arrangement shall contain any provisions or

conditions which prevent the dissemination of scientific or

technical information, except to the extent such dissemination is

prohibited by law.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 31, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 927; amended Aug. 6, 1956, ch. 1015,

Secs. 2, 3, 70 Stat. 1069; Pub. L. 91-560, Sec. 1, Dec. 19, 1970,

84 Stat. 1472; Pub. L. 92-84, title II, Sec. 201(a), Aug. 11, 1971,

85 Stat. 307; renumbered title I, Pub. L. 102-486, title IX, Sec.

902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1803(a) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1971 - Subsec. (a)(6). Pub. L. 92-84 added par. (6).

1970 - Subsec. (a)(4). Pub. L. 91-560 inserted commercial uses as

an additional purpose and substituted "demonstration of advances in

the commercial or industrial application of atomic energy" for

"demonstration of the practical value of utilization or production

facilities for industrial or commercial purposes".

1956 - Subsec. (a). Act Aug. 6, 1956, Sec. 2, inserted "and

training" after "development" in first sentence.

Subsecs. (b) to (d). Act Aug. 6, 1956, Sec. 3, added subsec. (b)

and redesignated former subsecs. (b) and (c) as (c) and (d),

respectively.

-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-

THREE MILE ISLAND NUCLEAR STATION, PA.; FEASIBILITY OF

EPIDEMIOLOGICAL RESEARCH ON HEALTH EFFECTS OF LOW-LEVEL RADIATION;

REPORT TO CONGRESS

Pub. L. 96-295, title III, Sec. 308(a), June 30, 1980, 94 Stat.

792, provided that in the conduct of the study required by Pub. L.

95-601, Sec. 5(d), Nov. 6, 1978, 92 Stat. 2949, on options for

Federal epidemiological research on the health effects of low-level

ionizing radiation, set out below, the Nuclear Regulatory

Commission and the Environmental Protection Agency, in consultation

with the Secretary of Health and Human Services, evaluate the

feasibility of epidemiological research on the health effects of

low-level ionizing radiation exposure to licensee, contractor, and

subcontractor employees as a result of the accident of March 28,

1979, at unit two of the Three Mile Island Nuclear Station in

Pennsylvania, the efforts to stabilize such facility or reduce or

prevent radioactive unplanned offsite releases in excess of

allowable limits for normal operation established by the

Commission, or efforts to decontaminate, decommission, or repair

such facility, with the report required by such section 5(d) of

Pub. L. 95-601 to include the results of this evaluation.

STUDY ON HEALTH EFFECTS OF LOW-LEVEL RADIATION; REPORT TO CONGRESS

Pub. L. 95-601, Sec. 5, Nov. 6, 1978, 92 Stat. 2949, as amended

by Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat.

695; Pub. L. 96-295, title III, Sec. 308(b), June 30, 1980, 94

Stat. 792, provided that the Nuclear Regulatory Commission and the

Environmental Protection Agency, in consultation with the Secretary

of Health and Human Services, conduct preliminary planning and

design studies for epidemiological research on the health effects

of low-level ionizing radiation, within thirty days after Nov. 6,

1978, the Commission and the Environmental Protection Agency submit

to the Congress a memorandum of understanding to delineate their

responsibilities in the conduct of the planning studies, on or

before Apr. 1, 1979, the Commission and the Environmental

Protection Agency submit a report to the Congress containing an

assessment of the capabilities and research needs of such agencies

in the area of health effects of low-level ionizing radiation, and

on or before Sept. 30, 1980, the Commission and the Environmental

Protection Agency, in consultation with the Secretary of Health and

Human Services, submit a report to the Congress which includes a

study of options for Federal epidemiological research on the health

effects of low-level ionizing radiation with evaluations of the

feasibility of such options.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2052, 2053, 2061, 2073,

2093, 2122, 2134, 2165, 2183, 2201, 2209, 5817 of this title.

-End-

-CITE-

42 USC Sec. 2052 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER III - RESEARCH

-HEAD-

Sec. 2052. Research by Commission

-STATUTE-

The Commission is authorized and directed to conduct, through its

own facilities, activities and studies of the types specified in

section 2051 of this title.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 32, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 928; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1803(b) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5817 of this title.

-End-

-CITE-

42 USC Sec. 2053 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER III - RESEARCH

-HEAD-

Sec. 2053. Research for others; charges

-STATUTE-

Where the Commission finds private facilities or laboratories are

inadequate for the purpose, it is authorized to conduct for other

persons, through its own facilities, such of those activities and

studies of the types specified in section 2051 of this title as it

deems appropriate to the development of energy. To the extent the

Commission determines that private facilities or laboratories are

inadequate for the purpose, and that the Commission's facilities,

or scientific or technical resources have the potential of lending

significant assistance to other persons in the fields of protection

of public health and safety, the Commission may also assist other

persons in these fields by conducting for such persons, through the

Commission's own facilities, research and development or training

activities and studies. The Commission is authorized to determine

and make such charges as in its discretion may be desirable for the

conduct of the activities and studies referred to in this section.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 33, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 928; amended Pub. L. 90-190, Sec. 7,

Dec. 14, 1967, 81 Stat. 577; Pub. L. 92-84, title II, Sec. 201(b),

Aug. 11, 1971, 85 Stat. 307; renumbered title I, Pub. L. 102-486,

title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

AMENDMENTS

1971 - Pub. L. 92-84 substituted provisions authorizing the

Commission to conduct research for other persons for the

development of energy, for provisions authorizing the Commission to

conduct research for other persons for the development of atomic

energy.

1967 - Pub. L. 90-190 inserted provision which authorized the

Commission, to the extent the Commission made certain

determinations, to assist other persons on the fields of protection

of public health and safety by conducting for such persons, through

the facilities of the Commission, research and development or

training activities and studies, and substituted "the activities

and studies referred to in this section" for "such activities and

studies".

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5817, 7259a of this

title.

-End-

-CITE-

42 USC SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR

MATERIAL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL

-HEAD-

SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL

-End-

-CITE-

42 USC Sec. 2061 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL

-HEAD-

Sec. 2061. Production facilities

-STATUTE-

(a) Ownership

The Commission, as agent of and on behalf of the United States,

shall be the exclusive owner of all production facilities other

than facilities which (1) are useful in the conduct of research and

development activities in the fields specified in section 2051 of

this title, and do not, in the opinion of the Commission, have a

potential production rate adequate to enable the user of such

facilities to produce within a reasonable period of time a

sufficient quantity of special nuclear material to produce an

atomic weapon; (2) are licensed by the Commission under this

division; or (3) are owned by the United States Enrichment

Corporation.

(b) Operation of Commission's facilities

The Commission is authorized and directed to produce or to

provide for the production of special nuclear material in its own

production facilities. To the extent deemed necessary, the

Commission is authorized to make, or to continue in effect,

contracts with persons obligating them to produce special nuclear

material in facilities owned by the Commission. The Commission is

also authorized to enter into research and development contracts

authorizing the contractor to produce special nuclear material in

facilities owned by the Commission to the extent that the

production of such special nuclear material may be incident to the

conduct of research and development activities under such

contracts. Any contract entered into under this section shall

contain provisions (1) prohibiting the contractor from

subcontracting any part of the work he is obligated to perform

under the contract, except as authorized by the Commission; and (2)

obligating the contractor (A) to make such reports pertaining to

activities under the contract to the Commission as the Commission

may require, (B) to submit to inspection by employees of the

Commission of all such activities, and (C) to comply with all

safety and security regulations which may be prescribed by the

Commission. Any contract made under the provisions of this

subsection may be made without regard to the provisions of section

5 of title 41, upon certification by the Commission that such

action is necessary in the interest of the common defense and

security, or upon a showing by the Commission that advertising is

not reasonably practicable. Partial and advance payments may be

made under such contracts.

(c) Operation of other facilities

Special nuclear material may be produced in the facilities which

under this section are not required to be owned by the Commission.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 41, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 928; amended Pub. L. 90-190, Sec. 8,

Dec. 14, 1967, 81 Stat. 577; Pub. L. 101-575, Sec. 5(c), Nov. 15,

1990, 104 Stat. 2835; renumbered title I and amended Pub. L.

102-486, title IX, Sec. 902(a)(2), (8), Oct. 24, 1992, 106 Stat.

2943, 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in section 4 of act Aug. 1, 1946, ch. 724, 60 Stat. 759,

which was classified to section 1804 of this title, prior to the

general amendment and renumbering of act Aug. 1, 1946, by act Aug.

30, 1954.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-486, Sec. 902(a)(2), substituted

"under this division" for "pursuant to under this chapter" in cl.

(2) and added cl. (3).

1990 - Subsec. (a)(2). Pub. L. 101-575 substituted "under this

chapter" for "section 2133 or 2134 of this title".

1967 - Subsec. (b). Pub. L. 90-190 struck out provision requiring

the President to determine in writing at least once each year the

quantities of special nuclear material to be produced under this

section, and to specify in such determination the quantities of

special nuclear material to be available for distribution by the

Commission pursuant to sections 2073 and 2074 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-MISC2-

REFERENCES TO UNITED STATES ENRICHMENT CORPORATION

References to the United States Enrichment Corporation deemed, as

of the privatization date (July 28, 1998), to be references to the

private corporation, see section 3116(e) of Pub. L. 104-134, set

out as a note under former section 2297 of this title.

ISOTOPE PRODUCTION AND DISTRIBUTION PROGRAM FUND

Pub. L. 103-316, title III, Aug. 26, 1994, 108 Stat. 1715,

provided in part: "That the Secretary of Energy may transfer

available amounts appropriated for use by the Department of Energy

under title III of previously enacted Energy and Water Development

Appropriations Acts [see below] into the Isotope Production and

Distribution Program Fund, in order to continue isotope production

and distribution activities: Provided further, That the authority

to use these amounts appropriated is effective from the date of

enactment of this Act [Aug. 26, 1994]: Provided further, That fees

set by the Secretary for the sale of isotopes and related services

shall hereafter be determined without regard to the provisions of

Energy and Water Development Appropriations Act (Public Law

101-101) [see below]: Provided further, That amounts provided for

isotope production and distribution in previous Energy and Water

Development Appropriations Acts shall be treated as direct

appropriations and shall be merged with funds appropriated under

this head [Energy Supply, Research and Development Activities]."

Pub. L. 102-377, title III, Oct. 2, 1992, 106 Stat. 1334,

provided in part that: "Revenues received hereafter from the

disposition of isotopes and related services shall be credited to

this account, to be available for carrying out the purposes of the

isotope production and distribution program without further

appropriation: Provided, That such revenues and all funds provided

under this head in Public Law 101-101 [set out below] shall remain

available until expended: Provided further, That if at any time the

amounts available to the fund are insufficient to enable the

Department of Energy to discharge its responsibilities with respect

to isotope production and distribution, the Secretary may borrow

from amounts available in the Treasury, such sums as are necessary

up to a maximum of $5,000,000 to remain available until expended."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 102-104, title III, Aug. 17, 1991, 105 Stat. 528.

Pub. L. 101-514, title III, Nov. 5, 1990, 104 Stat. 2090.

Pub. L. 101-101, title III, Sept. 29, 1989, 103 Stat. 659,

provided in part that: "For necessary expenses of activities

related to the production, distribution, and sale of isotopes and

related services, $16,243,000, to remain available until expended:

Provided, That this amount and, notwithstanding 31 U.S.C. 3302,

revenues received from the disposition of isotopes and related

services shall be credited to this account to be available for

carrying out these purposes without further appropriation: Provided

further, That all unexpended balances of previous appropriations

made for the purpose of carrying out activities related to the

production, distribution, and sale of isotopes and related services

may be transferred to this fund and merged with other balances in

the fund and be available under the same conditions and for the

same period of time: Provided further, That fees shall be set by

the Secretary of Energy in such a manner as to provide full cost

recovery, including administrative expenses, depreciation of

equipment, accrued leave, and probable losses: Provided further,

That all expenses of this activity shall be paid only from funds

available in this fund: Provided further, That at any time the

Secretary of Energy determines that moneys in the fund exceed the

anticipated requirements of the fund, such excess shall be

transferred to the general fund of the Treasury."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2165 of this title.

-End-

-CITE-

42 USC Sec. 2062 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL

-HEAD-

Sec. 2062. Irradiation of materials

-STATUTE-

The Commission and persons lawfully producing or utilizing

special nuclear material are authorized to expose materials of any

kind to the radiation incident to the processes of producing or

utilizing special nuclear material.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 42, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 929; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in section 4 of act Aug. 1, 1946, ch. 724, 60 Stat. 759,

which was classified to section 1804 of this title, prior to the

general amendment and renumbering of act Aug. 1, 1946, by act Aug.

30, 1954.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2063 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL

-HEAD-

Sec. 2063. Acquisition of production facilities

-STATUTE-

The Commission is authorized to purchase any interest in

facilities for the production of special nuclear materials, or in

real property on which such facilities are located, without regard

to the provisions of section 5 of title 41 upon certification by

the Commission that such action is necessary in the interest of the

common defense and security, or upon a showing by the Commission

that advertising is not reasonably practicable. Partial and advance

payments may be made under contracts for such purposes. The

Commission is further authorized to requisition, condemn, or

otherwise acquire any interest in such production facilities, or to

condemn or otherwise acquire such real property, and just

compensation shall be made therefor.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 43, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 929; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in section 5 of act Aug. 1, 1946, ch. 724, 60 Stat. 760,

which was classified to section 1805 of this title, prior to the

general amendment and renumbering of act Aug. 1, 1946, by act Aug.

30, 1954.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2221 of this title.

-End-

-CITE-

42 USC Sec. 2064 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL

-HEAD-

Sec. 2064. Disposition of energy; regulation on sale

-STATUTE-

If energy is produced at production facilities of the Commission

or is produced in experimental utilization facilities of the

Commission, such energy may be used by the Commission, or

transferred to other Government agencies, or sold to publicly,

cooperatively, or privately owned utilities or users at reasonable

and nondiscriminatory prices. If the energy produced is electric

energy, the price shall be subject to regulation by the appropriate

agency having jurisdiction. In contracting for the disposal of such

energy, the Commission shall give preference and priority to public

bodies and cooperatives or to privately owned utilities providing

electric utility services to high cost areas not being served by

public bodies or cooperatives. Nothing in this chapter shall be

construed to authorize the Commission to engage in the sale or

distribution of energy for commercial use except such energy as may

be produced by the Commission incident to the operation of research

and development facilities of the Commission, or of production

facilities of the Commission.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 44, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 929; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in section 7(d) of act Aug. 1, 1946, ch. 724, 60 Stat.

764, which was classified to section 1807(d) of this title, prior

to the general amendment and renumbering of act Aug. 1, 1946, by

act Aug. 30, 1954.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-

SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2014, 2021, 5842 of

this title.

-End-

-CITE-

42 USC Sec. 2071 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-

Sec. 2071. Determination of other material as special nuclear

material; Presidential assent; effective date

-STATUTE-

The Commission may determine from time to time that other

material is special nuclear material in addition to that specified

in the definition as special nuclear material. Before making any

such determination, the Commission must find that such material is

capable of releasing substantial quantities of atomic energy and

must find that the determination that such material is special

nuclear material is in the interest of the common defense and

security, and the President must have expressly assented in writing

to the determination. The Commission's determination, together with

the assent of the President, shall be submitted to the Energy

Committees and a period of thirty days shall elapse while Congress

is in session (in computing such thirty days, there shall be

excluded the days on which either House is not in session because

of an adjournment for more than three days) before the

determination of the Commission may become effective: Provided,

however, That the Energy Committees, after having received such

determination, may by resolution in writing, waive the conditions

of or all or any portion of such thirty-day period.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 51, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 929; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;

amended Pub. L. 103-437, Sec. 15(f)(2), Nov. 2, 1994, 108 Stat.

4592.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1805(a)(1) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Energy Committees" for "Joint

Committee" in two places.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2014, 2201 of this title.

-End-

-CITE-

42 USC Sec. 2072 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-

Sec. 2072. Repealed. Pub. L. 88-489, Sec. 4, Aug. 26, 1964, 78

Stat. 603

-MISC1-

Section, act Aug. 1, 1946, ch. 724, Sec. 52, as added Aug. 30,

1954, ch. 1073, Sec. 1, 68 Stat. 929, related to Government

ownership of all special nuclear material and provided for

compensation of private owners of such material.

EXTINGUISHMENT OF RIGHTS, TITLE AND INTEREST IN SPECIAL NUCLEAR

MATERIAL

Section 4 of Pub. L. 88-489 provided in part that: "All rights,

title, and interest in and to any special nuclear material vested

in the United States solely by virtue of the provisions of the

first sentence of such section 52 [this section], and not by any

other transaction authorized by the Atomic Energy Act of 1954, as

amended [this chapter], or other applicable law, are hereby

extinguished."

-End-

-CITE-

42 USC Sec. 2073 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-

Sec. 2073. Domestic distribution of special nuclear material

-STATUTE-

(a) Licenses

The Commission is authorized (i) to issue licenses to transfer or

receive in interstate commerce, transfer, deliver, acquire,

possess, own, receive possession of or title to, import, or export

under the terms of an agreement for cooperation arranged pursuant

to section 2153 of this title, special nuclear material, (ii) to

make special nuclear material available for the period of the

license, and, (iii) to distribute special nuclear material within

the United States to qualified applicants requesting such material

-

(1) for the conduct of research and development activities of

the types specified in section 2051 of this title;

(2) for use in the conduct of research and development

activities or in medical therapy under a license issued pursuant

to section 2134 of this title;

(3) for use under a license issued pursuant to section 2133 of

this title;

(4) for such other uses as the Commission determines to be

appropriate to carry out the purposes of this chapter.

(b) Minimum criteria for licenses

The Commission shall establish, by rule, minimum criteria for the

issuance of specific or general licenses for the distribution of

special nuclear material depending upon the degree of importance to

the common defense and security or to the health and safety of the

public of -

(1) the physical characteristics of the special nuclear

material to be distributed;

(2) the quantities of special nuclear material to be

distributed; and

(3) the intended use of the special nuclear material to be

distributed.

(c) Manner of distribution; charges for material sold; agreements;

charges for material leased

(1) The Commission may distribute special nuclear material

licensed under this section by sale, lease, lease with option to

buy, or grant: Provided, however, That unless otherwise authorized

by law, the Commission shall not after December 31, 1970,

distribute special nuclear material except by sale to any person

who possesses or operates a utilization facility under a license

issued pursuant to section 2133 or 2134(b) of this title for use in

the course of activities under such license; nor shall the

Commission permit any such person after June 30, 1973, to continue

leasing for use in the course of such activities special nuclear

material previously leased to such person by the Commission.

(2) The Commission shall establish reasonable sales prices for

the special nuclear material licensed and distributed by sale under

this section. Such sales prices shall be established on a

nondiscriminatory basis which, in the opinion of the Commission,

will provide reasonable compensation to the Government for such

special nuclear material.

(3) The Commission is authorized to enter into agreements with

licensees for such period of time as the Commission may deem

necessary or desirable to distribute to such licensees such

quantities of special nuclear material as may be necessary for the

conduct of the licensed activity. In such agreements, the

Commission may agree to repurchase any special nuclear material

licensed and distributed by sale which is not consumed in the

course of the licensed activity, or any uranium remaining after

irradiation of such special nuclear material, at a repurchase price

not to exceed the Commission's sale price for comparable special

nuclear material or uranium in effect at the time of delivery of

such material to the Commission.

(4) The Commission may make a reasonable charge, determined

pursuant to this section, for the use of special nuclear material

licensed and distributed by lease under subsection (a)(1), (2) or

(4) of this section and shall make a reasonable charge determined

pursuant to this section for the use of special nuclear material

licensed and distributed by lease under subsection (a)(3) of this

section. The Commission shall establish criteria in writing for the

determination of whether special nuclear material will be

distributed by grant and for the determination of whether a charge

will be made for the use of special nuclear material licensed and

distributed by lease under subsection (a)(1), (2) or (4) of this

section, considering, among other things, whether the licensee is a

nonprofit or eleemosynary institution and the purposes for which

the special nuclear material will be used.

(d) Determination of charges

In determining the reasonable charge to be made by the Commission

for the use of special nuclear material distributed by lease to

licensees of utilization or production facilities licensed pursuant

to section 2133 or 2134 of this title, in addition to consideration

of the cost thereof, the Commission shall take into consideration -

(1) the use to be made of the special nuclear material;

(2) the extent to which the use of the special nuclear material

will advance the development of the peaceful uses of atomic

energy;

(3) the energy value of the special nuclear material in the

particular use for which the license is issued;

(4) whether the special nuclear material is to be used in

facilities licensed pursuant to section 2133 or 2134 of this

title. In this respect, the Commission shall, insofar as

practicable, make uniform, nondiscriminatory charges for the use

of special nuclear material distributed to facilities licensed

pursuant to section 2133 of this title; and

(5) with respect to special nuclear material consumed in a

facility licensed pursuant to section 2133 of this title, the

Commission shall make a further charge equivalent to the sale

price for similar special nuclear material established by the

Commission in accordance with subsection (c)(2) of this section,

and the Commission may make such a charge with respect to such

material consumed in a facility licensed pursuant to section 2134

of this title.

(e) License conditions

Each license issued pursuant to this section shall contain and be

subject to the following conditions -

(1) Repealed. Pub. L. 88-489, Sec. 8, Aug. 26, 1964, 78 Stat.

604.

(2) no right to the special nuclear material shall be conferred

by the license except as defined by the license;

(3) neither the license nor any right under the license shall

be assigned or otherwise transferred in violation of the

provisions of this chapter;

(4) all special nuclear material shall be subject to the right

of recapture or control reserved by section 2138 of this title

and to all other provisions of this chapter;

(5) no special nuclear material may be used in any utilization

or production facility except in accordance with the provisions

of this chapter;

(6) special nuclear material shall be distributed only on

terms, as may be established by rule of the Commission, such that

no user will be permitted to construct an atomic weapon;

(7) special nuclear material shall be distributed only pursuant

to such safety standards as may be established by rule of the

Commission to protect health and to minimize danger to life or

property; and

(8) except to the extent that the indemnification and

limitation of liability provisions of section 2210 of this title

apply, the licensee will hold the United States and the

Commission harmless from any damages resulting from the use or

possession of special nuclear material by the licensee.

(f) Distribution for independent research and development

activities

The Commission is directed to distribute within the United States

sufficient special nuclear material to permit the conduct of

widespread independent research and development activities to the

maximum extent practicable. In the event that applications for

special nuclear material exceed the amount available for

distribution, preference shall be given to those activities which

are most likely, in the opinion of the Commission, to contribute to

basic research, to the development of peacetime uses of atomic

energy, or to the economic and military strength of the Nation.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 53, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 930; amended Pub. L. 85-256, Sec. 2,

Sept. 2, 1957, 71 Stat. 576; Pub. L. 85-681, Secs. 1, 2, Aug. 19,

1958, 72 Stat. 632; Pub. L. 88-489, Secs. 5-8, Aug. 26, 1964, 78

Stat. 603, 604; Pub. L. 90-190, Secs. 9, 10, Dec. 14, 1967, 81

Stat. 577; renumbered title I and amended Pub. L. 102-486, title

IX, Sec. 902(a)(3), (8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1805(a)(4) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1992 - Subsec. (c)(1). Pub. L. 102-486, Sec. 902(a)(3),

substituted "or grant" for "grant," and struck out "or through the

provision of production or enrichment services" before ": Provided,

however" and before "to any person".

1967 - Subsec. (c)(1). Pub. L. 90-190, Sec. 10, inserted "or

through the provision of production or enrichment services"

wherever appearing.

Subsec. (f). Pub. L. 90-190, Sec. 9, struck out reference to the

limitations on the distribution of special nuclear materials set by

the President in determinations made pursuant to section 2061 of

this title.

1964 - Subsec. (a). Pub. L. 88-489, Sec. 5, substituted "(i) to

issue licenses to transfer or receive in interstate commerce,

transfer, deliver, acquire, possess, own, receive possession of or

title to, import, or export under the terms of an agreement for

cooperation arranged pursuant to section 2153 of this title,

special nuclear material, (ii) to make special nuclear material

available for the period of the license, and, (iii)" for "to issue

licenses for the possession of, to make available for the period of

the license, and".

Subsec. (c). Pub. L. 88-489, Sec. 6, designated existing

provisions as par. (4), inserted "by lease" wherever appearing and

"special nuclear material will be distributed by grant and for the

determination of whether", and added pars. (1) to (3).

Subsec. (d). Pub. L. 88-489, Sec. 7, inserted "by lease" in

introductory provisions, and in ch. (5) substituted "equivalent to

the sale price for similar special nuclear material established by

the Commission in accordance with subsection (c)(2) of this

section, and the Commission may make such a charge with respect to

such material consumed in a facility licensed pursuant to section

2134 of this title" for "based on the cost to the Commission, as

estimated by the Commission, or the average fair price paid for the

production of such special nuclear material as determined by

section 2076 of this title, whichever is lower".

Subsec. (e)(1). Pub. L. 88-489, Sec. 8, struck out par. (1) which

provided that title to all special nuclear material shall at all

times be in the United States.

1958 - Subsec. (a)(4). Pub. L. 85-681, Sec. 1, added par. (4).

Subsec. (c). Pub. L. 85-681, Sec. 2, substituted "subsections

(a)(1), (2) or (4)" for "subsection (a)(1) or (a) (2)".

1957 - Subsec. (e)(8). Pub. L. 85-256 inserted "except to the

extent that the indemnification and limitation of liability

provisions of section 2210 of this title apply,".

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2021, 2076, 2077, 2078,

2153, 2183, 2201, 2210, 2243, 2282, 2297f-1, 2297h-11 of this

title.

-End-

-CITE-

42 USC Sec. 2074 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-

Sec. 2074. Foreign distribution of special nuclear material

-STATUTE-

(a) Compensation; distribution to International Atomic Energy

Agency; procedure for distribution; repurchase of unconsumed

materials; price; purchase of materials produced outside United

States; price

The Commission is authorized to cooperate with any nation or

group of nations by distributing special nuclear material and to

distribute such special nuclear material, pursuant to the terms of

an agreement for cooperation to which such nation or group of

nations is a party and which is made in accordance with section

2153 of this title. Unless hereafter otherwise authorized by law

the Commission shall be compensated for special nuclear material so

distributed at not less than the Commission's published charges

applicable to the domestic distribution of such material, except

that the Commission to assist and encourage research on peaceful

uses or for medical therapy may so distribute without charge during

any calendar year only a quantity of such material which at the

time of transfer does not exceed in value $10,000 in the case of

one nation or $50,000 in the case of any group of nations. The

Commission may distribute to the International Atomic Energy

Agency, or to any group of nations, only such amounts of special

nuclear materials and for such period of time as are authorized by

Congress: Provided, however, That, (i) notwithstanding this

provision, the Commission is hereby authorized, subject to the

provisions of section 2153 of this title, to distribute to the

Agency five thousand kilograms of contained uranium-235, five

hundred grams of uranium-233, and three kilograms of plutonium,

together with the amounts of special nuclear material which will

match in amount the sum of all quantities of special nuclear

materials made available by all other members of the Agency to June

1, 1960; and (ii) notwithstanding the foregoing provisions of this

subsection, the Commission may distribute to the International

Atomic Energy Agency, or to any group of nations, such other

amounts of special nuclear materials and for such other periods of

time as are established in writing by the Commission: Provided,

however, That before they are established by the Commission

pursuant to this subdivision (ii), such proposed amounts and

periods shall be submitted to the Congress and referred to the

Energy Committees and a period of sixty days shall elapse while

Congress is in session (in computing such sixty days, there shall

be excluded the days on which either House is not in session

because of an adjournment of more than three days): And provided

further, That any such proposed amounts and periods shall not

become effective if during such sixty-day period the Congress

passes a concurrent resolution stating in substance that it does

not favor the proposed action: And provided further, That prior to

the elapse of the first thirty days of any such sixty-day period

the Energy Committees shall submit to their respective houses

reports of their views and recommendations respecting the proposed

amounts and periods and an accompanying proposed concurrent

resolution stating in substance that the Congress favors, or does

not favor, as the case may be, the proposed amounts or periods. The

Commission may agree to repurchase any special nuclear material

distributed under a sale arrangement pursuant to this subsection

which is not consumed in the course of the activities conducted in

accordance with the agreement for cooperation, or any uranium

remaining after irradiation of such special nuclear material, at

repurchase price not to exceed the Commission's sale price for

comparable special nuclear material or uranium in effect at the

time of delivery of such material to the Commission. The Commission

may also agree to purchase, consistent with and within the period

of the agreement for cooperation, special nuclear material produced

in a nuclear reactor located outside the United States through the

use of special nuclear material which was leased or sold pursuant

to this subsection. Under any such agreement the Commission shall

purchase only such material as is delivered to the Commission

during any period when there is in effect a guaranteed purchase

price for the same material produced in a nuclear reactor by a

person licensed under section 2134 of this title, established by

the Commission pursuant to section 2076 of this title, and the

price to be paid shall be the price so established by the

Commission and in effect for the same material delivered to the

Commission.

(b) Distribution to persons outside United States of plutonium and

other special nuclear material exempted under section 2077(d) of

this title; compensation; reports

Notwithstanding the provisions of sections 2153 and 2154 of this

title and section 125 of the Atomic Energy Act of 1954, the

Commission is authorized to distribute to any person outside the

United States (1) plutonium containing 80 per centum or more by

weight of plutonium-238, and (2) other special nuclear material

when it has, in accordance with subsection 2077(d) of this title,

exempted certain classes or quantities of such other special

nuclear material or kinds of uses or users thereof from the

requirements for a license set forth in this chapter. Unless

hereafter otherwise authorized by law, the Commission shall be

compensated for special nuclear material so distributed at not less

than the Commission's published charges applicable to the domestic

distribution of such material. The Commission shall not distribute

any plutonium containing 80 per centum or more by weight of

plutonium-238 to any person under this subsection if, in its

opinion, such distribution would be inimical to the common defense

and security. The Commission may require such reports regarding the

use of material distributed pursuant to the provisions of this

subsection as it deems necessary.

(c) Licensing or granting permission to others to distribute

special nuclear material; conditions

The Commission is authorized to license or otherwise permit

others to distribute special nuclear material to any person outside

the United States under the same conditions, except as to charges,

as would be applicable if the material were distributed by the

Commission.

(d) Laboratory samples; medical devices; monitoring or other

instruments; emergencies

The authority to distribute special nuclear material under this

section other than under an export license granted by the Nuclear

Regulatory Commission shall extend only to the following small

quantities of special nuclear material (in no event more than five

hundred grams per year of the uranium isotope 233, the uranium

isotope 235, or plutonium contained in special nuclear material to

any recipient):

(1) which are contained in laboratory samples, medical devices,

or monitoring or other instruments; or

(2) the distribution of which is needed to deal with an

emergency situation in which time is of the essence.

(e) Arrangements for storage or disposition of irradiated fuel

elements

The authority in this section to commit United States funds for

any activities pursuant to any subsequent arrangement under section

2160(a)(2)(E) of this title shall be subject to the requirements of

section 2160 of this title.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 54, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 931; amended Pub. L. 85-177, Sec. 7,

Aug. 28, 1957, 71 Stat. 455; Pub. L. 87-206, Sec. 4, Sept. 6, 1961,

75 Stat. 476; Pub. L. 88-489, Sec. 9, Aug. 26, 1964, 78 Stat. 604;

Pub. L. 93-377, Sec. 2, Aug. 17, 1974, 88 Stat. 473; Pub. L.

95-242, title III, Secs. 301(a), 303(b)(1), Mar. 10, 1978, 92 Stat.

125, 131; renumbered title I, Pub. L. 102-486, title IX, Sec.

902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 103-437, Sec.

15(f)(3), Nov. 2, 1994, 108 Stat. 4592.)

-REFTEXT-

REFERENCES IN TEXT

Section 125 of the Atomic Energy Act of 1954, referred to in

subsec. (b), is section 125 of act Aug. 1, 1946, ch. 724, as added

by Pub. L. 85-14, Apr. 12, 1957, 71 Stat. 11, as amended, and is

set out as a note under section 2153 of this title.

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-437 substituted "Energy

Committees and a period" for "Joint Committee and a period" and

"Energy Committees shall submit to their respective houses reports

of their views" for "Joint Committee shall submit a report to the

Congress of its views".

1978 - Subsec. (d). Pub. L. 95-242, Sec. 301(a), added subsec.

(d).

Subsec. (e). Pub. L. 95-242, Sec. 303(b)(1), added subsec. (e).

1974 - Pub. L. 93-377 designated existing provisions as subsec.

(a), designated initial proviso as cl. (i), added cl. (ii) and

references to groups of nations, and substituted references to this

subsection for references to this section, and added subsecs. (b)

and (c).

1964 - Pub. L. 88-489 authorized repurchase of unconsumed special

nuclear materials, or any uranium remaining after irradiation of

such materials, at a price not exceeding Commission's sale price

for comparable material in effect at time of delivery to

Commission, and purchase of special nuclear material produced

outside United States through use of material leased or sold under

this section, during any period when there is a guaranteed purchase

price for same material as produced under section 2134 of this

title, for such price as established by the Commission.

1961 - Pub. L. 87-206 inserted "five hundred grams of uranium 233

and three kilograms of plutonium" after "five thousand kilograms of

contained uranium 235".

1957 - Pub. L. 85-177 inserted provisions requiring compensation

at domestic charges for materials distributed abroad except for

peaceful or medical therapy uses, and required Commission to obtain

authorization of Congress for materials to be contributed to Agency

beyond amount made available by all other members of Agency to July

1, 1960.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as

otherwise provided and regardless of any requirement for the

promulgation of implementing regulations, see section 603(c) of

Pub. L. 95-242, set out as an Effective Date note under section

3201 of Title 22, Foreign Relations and Intercourse.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2014, 2075, 2077, 2141,

2153, 2154, 2155, 2160, 2294 of this title.

-End-

-CITE-

42 USC Sec. 2075 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-

Sec. 2075. Acquisition of special nuclear material; payments; just

compensation

-STATUTE-

The Commission is authorized, to the extent it deems necessary to

effectuate the provisions of this chapter, to purchase without

regard to the limitations in section 2074 of this title or any

guaranteed purchase prices established pursuant to section 2076 of

this title, and to take, requisition, condemn, or otherwise acquire

any special nuclear material or any interest therein. Any contract

of purchase made under this section may be made without regard to

the provisions of section 5 of title 41, upon certification by the

Commission that such action is necessary in the interest of the

common defense and security, or upon a showing by the Commission

that advertising is not reasonably practicable. Partial and advance

payments may be made under contracts for such purposes. Just

compensation shall be made for any right, property, or interest in

property taken, requisitioned, or condemned under this section:

Providing, That the authority in this section to commit United

States funds for any activities pursuant to any subsequent

arrangement under section 2160(a)(2)(E) of this title shall be

subject to the requirements of section 2160 of this title.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 55, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 931; amended Pub. L. 88-489, Sec. 10,

Aug. 26, 1964, 78 Stat. 604; Pub. L. 95-242, title III, Sec.

303(b)(2), Mar. 10, 1978, 92 Stat. 131; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1805(a)(5) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1978 - Pub. L. 95-424 provided that the authority in this section

to commit United States funds for any activities pursuant to any

subsequent arrangement under section 2160(a)(2)(E) of this title

shall be subject to the requirement of section 2160 of this title.

1964 - Pub. L. 88-489 limited the authorization to the extent

necessary to effectuate the chapter, inserted "without regard to

the limitations in section 2074 of this title or any guaranteed

purchase prices established pursuant to section 2076 of this title,

and to take, requisition, condemn," and "Any contract of purchase

made under this section may be made", provided for just

compensation for any right, property, or interest taken,

requisitioned, or condemned under this section, and struck out

"outside the United States" after "any interest therein".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as

otherwise provided and regardless of any requirement for the

promulgation of implementing regulations, see section 603(c) of

Pub. L. 95-242, set out as an Effective Date note under section

3201 of Title 22, Foreign Relations and Intercourse.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2160, 2221 of this title.

-End-

-CITE-

42 USC Sec. 2076 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-

Sec. 2076. Guaranteed purchase prices

-STATUTE-

The Commission shall establish guaranteed purchase prices for

plutonium produced in a nuclear reactor by a person licensed under

section 2134 of this title and delivered to the Commission before

January 1, 1971. The Commission shall also establish for such

periods of time as it may deem necessary, but not to exceed ten

years as to any such period, guaranteed purchase prices for uranium

enriched in the isotope 233 produced in a nuclear reactor by a

person licensed under section 2133 or section 2134 and delivered to

the Commission within the period of the guarantee. Guaranteed

purchase prices established under the authority of this section

shall not exceed the Commission's determination of the estimated

value of plutonium or uranium enriched in the isotope 233 as fuel

in nuclear reactors, and such prices shall be established on a

nondiscriminatory basis: Provided, That the Commission is

authorized to establish such guaranteed purchase prices only for

such plutonium or uranium enriched in the isotope 233 as the

Commission shall determine is produced through the use of special

nuclear material which was leased or sold by the Commission

pursuant to section 2073 of this title.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 56, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 931; amended Pub. L. 88-489, Sec. 11,

Aug. 26, 1964, 78 Stat. 605; Pub. L. 91-560, Sec. 2, Dec. 19, 1970,

84 Stat. 1472; renumbered title I, Pub. L. 102-486, title IX, Sec.

902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-560 extended the power of the Commission to

establish guaranteed purchase prices for uranium produced by

persons licensed under section 2133 of this title.

1964 - Pub. L. 88-489 substituted provisions which directed the

Commission to establish guaranteed purchase prices for plutonium

produced by a person licensed under section 2134 of this title and

delivered to the Commission prior to Jan. 1, 1971, and for uranium

enriched in the isotope 233, for such periods of time as it deems

necessary, but not exceeding ten years as to any such period, if

produced by a person licensed under said section 2134, and

delivered within the period of the guarantee, provided that

guaranteed prices established under this section shall not exceed

the Commission's estimated value of enriched plutonium or uranium

as fuel in reactors, and shall be on a nondiscriminatory basis, and

authorized such guaranteed prices only for such enriched plutonium

or uranium as is produced through use of material leased or sold

pursuant to section 2073 of this title, for provisions requiring

the Commission to determine the fair price of special nuclear

material by considering the value of the material for its intended

use by the United States, and by giving such weight to the cost of

production as it found to be equitable, providing that such price

was to apply to all licensed producers of the same material, and

permitting the Commission to establish guaranteed fair prices for

all such material delivered to the Commission for such time as it

deemed necessary, but not exceeding seven years.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2074, 2075, 2078, of this

title.

-End-

-CITE-

42 USC Sec. 2077 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-

Sec. 2077. Unauthorized dealings in special nuclear material

-STATUTE-

(a) Handling by persons

Unless authorized by a general or specific license issued by the

Commission, which the Commission is authorized to issue pursuant to

section 2073 of this title, no person may transfer or receive in

interstate commerce, transfer, deliver, acquire, own, possess,

receive possession of or title to, or import into or export from

the United States any special nuclear material.

(b) Production; subsequent arrangements; authorization;

determination by Secretary of Energy that activity will not be

inimical to interests of United States; procedures

It shall be unlawful for any person to directly or indirectly

engage in the production of any special nuclear material outside of

the United States except (1) as specifically authorized under an

agreement for cooperation made pursuant to section 2153 of this

title, including a specific authorization in a subsequent

arrangement under section 2160 of this title, or (2) upon

authorization by the Secretary of Energy after a determination that

such activity will not be inimical to the interest of the United

States: Provided, That any such determination by the Secretary of

Energy shall be made only with the concurrence of the Department of

State and after consultation with the Nuclear Regulatory

Commission, the Department of Commerce, and the Department of

Defense. The Secretary of Energy shall, within ninety days after

March 10, 1978, establish orderly and expeditious procedures,

including provision for necessary administrative actions and

inter-agency memoranda of understanding, which are mutually

agreeable to the Secretaries of State, Defense, and Commerce, and

the Nuclear Regulatory Commission for the consideration of requests

for authorization under this subsection. Such procedures shall

include, at a minimum, explicit direction on the handling of such

requests, express deadlines for the solicitation and collection of

the views of the consulted agencies (with identified officials

responsible for meeting such deadlines), an interagency

coordinating authority to monitor the processing of such requests,

predetermined procedures for the expeditious handling of

intra-agency and inter-agency disagreements and appeals to higher

authorities, frequent meetings of inter-agency administrative

coordinators to review the status of all pending requests, and

similar administrative mechanisms. To the extent practicable, an

applicant should be advised of all the information required of the

applicant for the entire process for every agency's needs at the

beginning of the process. Potentially controversial requests should

be identified as quickly as possible so that any required policy

decisions or diplomatic consultations can be initiated in a timely

manner. An immediate effort should be undertaken to establish

quickly any necessary standards and criteria, including the nature

of any required assurances or evidentiary showings, for the

decision required under this subsection. The processing of any

request proposed and filed as of March 10, 1978, shall not be

delayed pending the development and establishment of procedures to

implement the requirements of this subsection. Any trade secrets or

proprietary information submitted by any person seeking an

authorization under this subsection shall be afforded the maximum

degree of protection allowable by law: Provided further, That the

export of component parts as defined in section 2014(v)(2) or

(cc)(2) of this title shall be governed by sections 2139 and 2155

of this title: Provided further, That notwithstanding section

7172(d) of this title, the Secretary of Energy and not the Federal

Energy Regulatory Commission, shall have sole jurisdiction within

the Department of Energy over any matter arising from any function

of the Secretary of Energy in this section, section 2074(d),

section 2094, or section 2141(b) of this title.

(c) Distribution by Commission

The Commission shall not -

(1) distribute any special nuclear material to any person for a

use which is not under the jurisdiction of the United States

except pursuant to the provisions of section 2074 of this title;

or

(2) distribute any special nuclear material or issue a license

pursuant to section 2073 of this title to any person within the

United States if the Commission finds that the distribution of

such special nuclear material or the issuance of such license

would be inimical to the common defense and security or would

constitute an unreasonable risk to the health and safety of the

public.

(d) Establishment of classes of special nuclear material; exemption

of materials, kinds of uses and users from requirement of license

The Commission is authorized to establish classes of special

nuclear material and to exempt certain classes or quantities of

special nuclear material or kinds of uses or users from the

requirements for a license set forth in this section when it makes

a finding that the exemption of such classes or quantities of

special nuclear material or such kinds of uses or users would not

be inimical to the common defense and security and would not

constitute an unreasonable risk to the health and safety of the

public.

(e) Transfer, etc., of special nuclear material

Special nuclear material, as defined in section 2014 of this

title, produced in facilities licensed under section 2133 or 2134

of this title may not be transferred, reprocessed, used, or

otherwise made available by any instrumentality of the United

States or any other person for nuclear explosive purposes.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 57, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 932; amended Pub. L. 88-489, Sec. 12,

Aug. 26, 1964, 78 Stat. 605; Pub. L. 93-377, Sec. 3, Aug. 17, 1974,

88 Stat. 475; Pub. L. 95-242, title III, Sec. 302, Mar. 10, 1978,

92 Stat. 126; Pub. L. 97-415, Sec. 14, Jan. 4, 1983, 96 Stat. 2075;

renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.

24, 1992, 106 Stat. 2944; Pub. L. 105-277, div. G, title XII, Sec.

1225(d)(1), Oct. 21, 1998, 112 Stat. 2681-774.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1805(a)(3) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-277 struck out "the Arms Control

and Disarmament Agency," after "after consultation with" in first

sentence and "the Director of the Arms Control and Disarmament

Agency," after "Defense, and Commerce," in second sentence.

1983 - Subsec. (e). Pub. L. 97-415 added subsec. (e).

1978 - Subsec. (b). Pub. L. 95-242 substituted "except (1) as

specifically authorized under an agreement for cooperation made

pursuant to section 2153 of this title, including a specific

authorization in a subsequent arrangement under section 2160 of

this title, or (2) upon authorization by the Secretary of Energy

after a determination that such activity will not be inimical to

the interest of the United States" for "except (1) under an

agreement for cooperation made pursuant to section 2153 of this

title, or (2) upon authorization by the Commission after a

determination that such activity will not be inimical to the

interest of the United States" in existing provisions and inserted

provisos relating to determinations by the Secretary of Energy, the

procedures to be followed in processing authorization requests, the

export of component parts, and the jurisdiction of the Secretary of

Energy.

1974 - Subsec. (d). Pub. L. 93-377 added subsec. (d).

1964 - Pub. L. 88-489 amended section generally, and among other

changes, included all special nuclear materials within the section,

struck out condition that such material be "the property of the

United States", included delivery, acquisition, ownership and

receiving possession of or title to any special nuclear material

within the acts prohibited to persons, prohibited the Commission

from issuing a license pursuant to section 2073 of this title if

the Commission finds that the issuance would be inimical to the

common defense and security or would constitute an unreasonable

risk to the health and safety of the public, and extended the power

of the Commission to refuse to distribute any special nuclear

material if it finds that the distribution would constitute an

unreasonable risk to the health and safety of the public.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,

1999, or date of abolition of the United States Arms Control and

Disarmament Agency pursuant to reorganization plan described in

section 6601 of Title 22, Foreign Relations and Intercourse, see

section 1201 of Pub. L. 105-277, set out as an Effective Date note

under section 6511 of Title 22.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as

otherwise provided and regardless of any requirement for the

promulgation of implementing regulations, see section 603(c) of

Pub. L. 95-242, set out as an Effective Date note under section

3201 of Title 22, Foreign Relations and Intercourse.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-MISC2-

PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES

The performance of functions under this chapter, as amended by

the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,

1978, 92 Stat. 120, not to be delayed pending development of

procedures even though as many as 120 days [after Mar. 10, 1978]

are allowed for establishing those procedures, see section 5(b) of

Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under

section 3201 of Title 22, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2014, 2074, 2121, 2153,

2154, 2201, 2272, 2282 of this title; title 22 sections 2778, 3281,

6305.

-End-

-CITE-

42 USC Sec. 2078 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-

Sec. 2078. Congressional review of guaranteed purchase price,

guaranteed purchase price period, and criteria for waiver of

charges

-STATUTE-

Before the Commission establishes any guaranteed purchase price

or guaranteed purchase price period in accordance with the

provisions of section 2076 of this title, or establishes any

criteria for the waiver of any charge for the use of special

nuclear material licensed and distributed under section 2073 of

this title, the proposed guaranteed purchase price, guaranteed

purchase price period, or criteria for the waiver of such charge

shall be submitted to the Energy Committees and a period of

forty-five days shall elapse while Congress is in session (in

computing such forty-five days there shall be excluded the days in

which either House is not in session because of adjournment for

more than three days): Provided, however, That the Energy

Committees, after having received the proposed guaranteed purchase

price, guaranteed purchase price period, or criteria for the waiver

of such charge, may by resolution in writing waive the conditions

of, or all or any portion of, such forty-five-day period.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 58, as added Pub. L. 85-79,

Sec. 2, July 3, 1957, 71 Stat. 275; amended Pub. L. 88-489, Sec.

13, Aug. 26, 1964, 78 Stat. 605; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;

Pub. L. 103-437, Sec. 15(f)(4), Nov. 2, 1994, 108 Stat. 4592.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Energy Committees" for "Joint

Committee" in two places.

1964 - Pub. L. 88-489 substituted "guaranteed purchase" and

"purchase" for "fair" wherever appearing, "licensed and

distributed" for "licensed or distributed", and provided that the

Joint Committee resolution waiving the conditions of the

forty-five-day period must be in writing.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC SUBCHAPTER VI - SOURCE MATERIAL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-

SUBCHAPTER VI - SOURCE MATERIAL

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2014, 2021, 5842 of

this title.

-End-

-CITE-

42 USC Sec. 2091 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-

Sec. 2091. Determination of source material

-STATUTE-

The Commission may determine from time to time that other

material is source material in addition to those specified in the

definition of source material. Before making such determination,

the Commission must find that such material is essential to the

production of special nuclear material and must find that the

determination that such material is source material is in the

interest of the common defense and security, and the President must

have expressly assented in writing to the determination. The

Commission's determination, together with the assent of the

President, shall be submitted to the Energy Committees and a period

of thirty days shall elapse while Congress is in session (in

computing such thirty days, there shall be excluded the days on

which either House is not in session because of an adjournment of

more than three days) before the determination of the Commission

may become effective: Provided, however, That the Energy

Committees, after having received such determination, may by

resolution in writing waive the conditions of or all or any portion

of such thirty-day period.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 61, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 932; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;

amended Pub. L. 103-437, Sec. 15(f)(4), Nov. 2, 1994, 108 Stat.

4592.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1805(b)(1) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Energy Committees" for "Joint

Committee" in two places.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2014, 2201 of this title;

title 30 section 541e.

-End-

-CITE-

42 USC Sec. 2092 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-

Sec. 2092. License requirements for transfers

-STATUTE-

Unless authorized by a general or specific license issued by the

Commission which the Commission is authorized to issue, no person

may transfer or receive in interstate commerce, transfer, deliver,

receive possession of or title to, or import into or export from

the United States any source material after removal from its place

of deposit in nature, except that licenses shall not be required

for quantities of source material which, in the opinion of the

Commission, are unimportant.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 62, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 932; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1805(b)(2) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2113, 2121, 2183, 2282,

2296a of this title.

-End-

-CITE-

42 USC Sec. 2093 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-

Sec. 2093. Domestic distribution of source material

-STATUTE-

(a) License

The Commission is authorized to issue licenses for and to

distribute source material within the United States to qualified

applicants requesting such material -

(1) for the conduct of research and development activities of

the types specified in section 2051 of this title;

(2) for use in the conduct of research and development

activities or in medical therapy under a license issued pursuant

to section 2134 of this title;

(3) for use under a license issued pursuant to section 2133 of

this title; or

(4) for any other use approved by the Commission as an aid to

science or industry.

(b) Minimum criteria for licenses

The Commission shall establish, by rule, minimum criteria for the

issuance of specific or general licenses for the distribution of

source material depending upon the degree of importance to the

common defense and security or to the health and safety of the

public of -

(1) the physical characteristics of the source material to be

distributed;

(2) the quantities of source material to be distributed; and

(3) the intended use of the source material to be distributed.

(c) Determination of charges

The Commission may make a reasonable charge determined pursuant

to section 2201(m) of this title for the source material licensed

and distributed under subsection (a)(1), (a)(2), or (a)(4) of this

section and shall make a reasonable charge determined pursuant to

section 2201(m) of this title, for the source material licensed and

distributed under subsection (a)(3) of this section. The Commission

shall establish criteria in writing for the determination of

whether a charge will be made for the source material licensed and

distributed under subsection (a)(1), (a)(2), or (a)(4) of this

section, considering, among other things, whether the licensee is a

nonprofit or eleemosynary institution and the purposes for which

the source material will be used.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 63, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 933; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1805(b)(3) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2210, 2243, 2297f-1,

2297h-11 of this title.

-End-

-CITE-

42 USC Sec. 2094 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-

Sec. 2094. Foreign distribution of source material

-STATUTE-

The Commission is authorized to cooperate with any nation by

distributing source material and to distribute source material

pursuant to the terms of an agreement for cooperation to which such

nation is a party and which is made in accordance with section 2153

of this title. The Commission is also authorized to distribute

source material outside of the United States upon a determination

by the Commission that such activity will not be inimical to the

interests of the United States. The authority to distribute source

material under this section other than under an export license

granted by the Nuclear Regulatory Commission shall in no case

extend to quantities of source material in excess of three metric

tons per year per recipient.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 64, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 933; amended Pub. L. 95-242, title III,

Sec. 301(b), Mar. 10, 1978, 92 Stat. 125; renumbered title I, Pub.

L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.

2944.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-242 provided that the authority to distribute

source material under this section other than under an export

license granted by the Nuclear Regulatory Commission shall in no

case extend to quantities of source material in excess of three

metric tons per year per recipient.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as

otherwise provided and regardless of any requirement for the

promulgation of implementing regulations, see section 603(c) of

Pub. L. 95-242, set out as an Effective Date note under section

3201 of Title 22, Foreign Relations and Intercourse.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-MISC2-

PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES

The performance of functions under this chapter, as amended by

the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,

1978, 92 Stat. 120, not to be delayed pending development of

procedures even though as many as 120 days [after Mar. 10, 1978]

are allowed for establishing those procedures, see section 5(b) of

Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under

section 3201 of Title 22, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2014, 2077, 2141, 2153,

2154, 2155 of this title.

-End-

-CITE-

42 USC Sec. 2095 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-

Sec. 2095. Reports

-STATUTE-

The Commission is authorized to issue such rules, regulations, or

orders requiring reports of ownership, possession, extraction,

refining, shipment, or other handling of source material as it may

deem necessary, except that such reports shall not be required with

respect to (a) any source material prior to removal from its place

of deposit in nature, or (b) quantities of source material which in

the opinion of the Commission are unimportant or the reporting of

which will discourage independent prospecting for new deposits.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 65, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 933; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1805(b)(4) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2273 of this title.

-End-

-CITE-

42 USC Sec. 2096 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-

Sec. 2096. Acquisition of source material; payments

-STATUTE-

The Commission is authorized and directed, to the extent it deems

necessary to effectuate the provisions of this chapter -

(a) to purchase, take, requisition, condemn, or otherwise

acquire supplies of source material;

(b) to purchase, condemn, or otherwise acquire any interest in

real property containing deposits of source material; and

(c) to purchase, condemn, or otherwise acquire rights to enter

upon any real property deemed by the Commission to have

possibilities of containing deposits of source material in order

to conduct prospecting and exploratory operations for such

deposits.

Any purchase made under this section may be made without regard to

the provisions of section 5 of title 41, upon certification by the

Commission that such action is necessary in the interest of the

common defense and security, or upon a showing by the Commission

that advertising is not reasonably practicable. Partial and

advanced payments may be made under contracts for such purposes.

The Commission may establish guaranteed prices for all source

material delivered to it within a specified time. Just compensation

shall be made for any right, property, or interest in property

taken, requisitioned, condemned, or otherwise acquired under this

section.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 66, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 933; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1805(b)(5) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2221 of this title.

-End-

-CITE-

42 USC Sec. 2097 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-

Sec. 2097. Operations on lands belonging to United States

-STATUTE-

The Commission is authorized, to the extent it deems necessary to

effectuate the provisions of this chapter, to issue leases or

permits for prospecting for, exploration for, mining of, or removal

of deposits of source material in lands belonging to the United

States: Provided, however, That notwithstanding any other

provisions of law, such leases or permits may be issued for lands

administered for national park, monument, and wildlife purposes

only when the President by Executive Order declares that the

requirements of the common defense and security make such action

necessary.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 67, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 934; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2183 of this title.

-End-

-CITE-

42 USC Sec. 2098 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-

Sec. 2098. Public and acquired lands

-STATUTE-

(a) Conditions on location, entry, and settlement

No individual, corporation, partnership, or association, which

had any part, directly or indirectly, in the development of the

atomic energy program, may benefit by any location, entry, or

settlement upon the public domain made after such individual,

corporation, partnership, or association took part in such project,

if such individual, corporation, partnership, or association, by

reason of having had such part in the development of the atomic

energy program, acquired confidential official information as to

the existence of deposits of such uranium, thorium, or other

materials in the specific lands upon which such location, entry, or

settlement is made, and subsequent to August 30, 1954, made such

location, entry, or settlement or caused the same to be made for

his, or its, or their benefit.

(b) Reservation of mineral rights; release

Any reservation of radioactive mineral substances, fissionable

materials, or source material, together with the right to enter

upon the land and prospect for, mine, and remove the same, inserted

pursuant to Executive Order 9613 of September 13, 1945, Executive

Order 9701 of March 4, 1946, the Atomic Energy Act of 1946 [42

U.S.C. 1801 et seq.], or Executive Order 9908 of December 5, 1947,

in any patent, conveyance, lease, permit, or other authorization or

instrument disposing of any interest in public or acquired lands of

the United States, is released, remised, and quitclaimed to the

person or persons entitled upon August 19, 1958 under the grant

from the United States or successive grants to the ownership,

occupancy, or use of the land under the applicable Federal or State

laws: Provided, however, That in cases where any such reservation

on acquired lands of the United States has been heretofore

released, remised, or quitclaimed subsequent to August 12, 1954, in

reliance upon authority deemed to have been contained in the Atomic

Energy Act of 1946, as amended, or the Atomic Energy Act of 1954

[42 U.S.C. 2011 et seq.], as heretofore amended, the same shall be

valid and effective in all respects to the same extent as if public

lands and not acquired lands had been involved. The foregoing

release shall be subject to any rights which may have been granted

by the United States pursuant to any such reservation, but the

releases shall be subrogated to the rights of the United States.

(c) Prior locations

Notwithstanding the provisions of the Atomic Energy Act of 1946,

as amended [42 U.S.C. 1801 et seq.], and particularly section

5(b)(7) thereof [42 U.S.C. 1805(b)(7)], or the provisions of

sections 501 to 505 of title 30, and particularly section 503 of

title 30, any mining claim, heretofore located under the mining

laws of the United States, for or based upon a discovery of a

mineral deposit which is a source material and which, except for

the possible contrary construction of said Atomic Energy Act, would

have been locatable under such mining laws, shall, insofar as

adversely affected by such possible contrary construction, be valid

and effective, in all respects to the same extent as if said

mineral deposit were a locatable mineral deposit other than a

source material.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 68, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 934; amended Pub. L. 85-681, Sec. 3,

Aug. 19, 1958, 72 Stat. 632; renumbered title I, Pub. L. 102-486,

title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1946, referred to in subsecs. (b) and

(c), is act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was

classified generally to chapter 14 (Sec. 1801 et seq.) of this

title prior to the general amendment by act Aug. 30, 1954, ch.

1073, 68 Stat. 921. The act of Aug. 1, 1946, ch. 724, is now known

as the Atomic Energy Act of 1954, and is classified principally to

this chapter (Sec. 2011 et seq.). For complete classification of

the Atomic Energy Act of 1954 to the Code, see Short Title note set

out under section 2011 of this title and Tables.

Section 5(b)(7) thereof, referred to in subsec. (c), was

classified to section 1805(b)(7) of this title and was omitted in

the general amendment of the Atomic Energy Act of 1946 by act Aug.

30, 1954, ch. 1073, 68 Stat. 921.

The Atomic Energy Act of 1954, referred to in subsec. (b), is act

Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,

Sec. 1, 68 Stat. 921, and amended, which is classified principally

to this chapter. For complete classification of this Act to the

Code, see Short Title note set out under section 2011 of this title

and Tables.

The mining laws of the United States, referred to in subsec. (c),

are classified generally to Title 30, Mineral Lands and Mining.

Ex. Ord. No. 9908, eff. Dec. 5, 1947, 12 F.R. 8223; Ex. Ord. No.

9701 eff. Mar. 7, 1946, 11 F.R. 2369, and Ex. Ord. No. 9613, eff.

Sept. 13, 1945, 10 F.R. 11789, referred to in subsec. (b), related

to reservation of source material in certain lands owned by the

United States; reservation of rights to fissionable materials in

lands owned by the United States; and withdrawal and reservation

for the use of the United States lands containing radio-active

mineral substances. Ex. Ord. No. 10596, eff. Feb. 15, 1955, 20 F.R.

1007, revoked Ex. Ord. No. 9908, which had revoked Ex. Ord. No.

9701, which had earlier revoked Ex. Ord. No. 9613.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1805(b)(7) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

AMENDMENTS

1958 - Subsec. (b). Pub. L. 85-681 provided a general release of

reservations of fissionable materials or source materials under

acquired lands of the United States as well as public lands.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC Sec. 2099 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-

Sec. 2099. Prohibitions against issuance of license

-STATUTE-

The Commission shall not license any person to transfer or

deliver, receive possession of or title to, or import into or

export from the United States any source material if, in the

opinion of the Commission, the issuance of a license to such person

for such purpose would be inimical to the common defense and

security or the health and safety of the public.

-SOURCE-

(Aug. 1, 1946, ch. 724, title I, Sec. 69, as added Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 934; renumbered title I, Pub. L.

102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section

1805(d)(2) of this title, prior to the general amendment and

renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of this title. See also Transfer of

Functions notes set out under those sections.

-End-

-CITE-

42 USC SUBCHAPTER VII - BYPRODUCT MATERIALS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

Division A - Atomic Energy

SUBCHAPTER VII - BYPRODUCT MATERIALS

-HEAD-

SUBCHAPTER VII - BYPRODUCT MATERIALS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2014, 2021, 5842 of

this title.

-End-