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    42 USC CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC
           ENERGY                                          01/02/2006

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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

-HEAD-
           CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY       

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                        DIVISION A - ATOMIC ENERGY                    

                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    2011.       Congressional declaration of policy.              
    2012.       Congressional findings.                           
    2013.       Purpose of chapter.                               
    2014.       Definitions.                                      
    2015.       Transfer of property.                             
    2015a.      Cold standby.                                     
    2015b.      Scholarship and fellowship program.               
                  (a)   Scholarship program.                        
                  (b)   Fellowship program.                         
                  (c)   Requirements.                               
                  (d)   Competitive process.                        
                  (e)   Direct appointment.                         
    2015c.      Partnership program with institutions of higher
                     education.                                       
                  (a)   Definitions.                                
                  (b)   Partnership program.                        
    2016.       Repealed.                                         
    2017.       Authorization of appropriations.                  
                  (a)   Congressional authorization.                
                  (b)   Accounting.                                 
                  (c)   Restoration or replacement of facilities.   
                  (d)   Substituted construction projects.          
    2017a to 2017b. Omitted.                                          
    2018.       Agency jurisdiction.                              
    2019.       Applicability of Federal Power Act.               
    2020.       Licensing of Government agencies.                 
    2021.       Cooperation with States.                          
                  (a)   Purpose.                                    
                  (b)   Agreements with States.                     
                  (c)   Commission regulation of certain activities.
                  (d)   Conditions.                                 
                  (e)   Publication in Federal Register; comment of
                         interested persons.                        
                  (f)   Exemptions.                                 
                  (g)   Compatible radiation standards.             
                  (h)   Consultative, advisory, and miscellaneous
                         functions of Administrator of Environmental
                         Protection Agency.                         
                  (i)   Inspections and other functions; training
                         and other assistance.                      
                  (j)   Reserve power to terminate or suspend
                         agreements; emergency situations; State
                         nonaction on causes of danger; authority
                         exercisable only during emergency and
                         commensurate with danger.                  
                  (k)   State regulation of activities for certain
                         purposes.                                  
                  (l)   Commission regulated activities; notice of
                         filing; hearing.                           
                  (m)   Limitation of agreements and exemptions.    
                  (n)   "State" and "agreement" defined.            
                  (o)   State compliance requirements: compliance
                         with section 2113(b) of this title and
                         health and environmental protection
                         standards; procedures for licenses,
                         rulemaking, and license impact analysis;
                         amendment of agreements for transfer of
                         State collected funds; proceedings
                         duplication restriction; alternative
                         requirements.                              
    2021a.      Storage or disposal facility planning.            
    2021b.      Definitions.                                      
    2021c.      Responsibilities for disposal of low-level
                     radioactive waste.                               
    2021d.      Regional compacts for disposal of low-level
                     radioactive waste.                               
                  (a)   In general.                                 
                  (b)   Applicability to Federal activities.        
                  (c)   Restricted use of regional disposal
                         facilities.                                
                  (d)   Congressional review.                       
    2021e.      Limited availability of certain regional disposal
                     facilities during transition and licensing
                     periods.                                         
                  (a)   Availability of disposal capacity.          
                  (b)   Limitations.                                
                  (c)   Commercial nuclear power reactor
                         allocations.                               
                  (d)   Use of surcharge funds for milestone
                         incentives; consequences of failure to meet
                         disposal deadline.                         
                  (e)   Requirements for access to regional disposal
                         facilities.                                
                  (f)   Monitoring of compliance and denial of
                         access to non-Federal facilities for
                         noncompliance; information requirements of
                         certain States; proprietary information.   
                  (g)   Nondiscrimination.                          
    2021f.      Emergency access.                                 
                  (a)   In general.                                 
                  (b)   Request for emergency access.               
                  (c)   Determination of Nuclear Regulatory
                         Commission.                                
                  (d)   Temporary emergency access.                 
                  (e)   Extension of emergency access.              
                  (f)   Reciprocal access.                          
                  (g)   Approval by compact commission.             
                  (h)   Limitations.                                
                  (i)   Volume reduction and surcharges.            
                  (j)   Deduction from allocation.                  
                  (k)   Agreement States.                           
    2021g.      Responsibilities of Department of Energy.         
                  (a)   Financial and technical assistance.         
                  (b)   Omitted.                                    
    2021h.      Alternative disposal methods.                     
    2021i.      Licensing review and approval.                    
    2021j.      Radioactive waste below regulatory concern.       
    2022.       Health and environmental standards for uranium
                     mill tailings.                                   
                  (a)   Promulgation and revision of rules for
                         protection from hazards at inactive or
                         depository sites.                          
                  (b)   Promulgation and revision of rules for
                         protection from hazards at processing or
                         disposal sites.                            
                  (c)   Publication in Federal Register; notice and
                         hearing; consultations; judicial review;
                         time for petition; venue; copy to
                         Administrator; record; administrative
                         jurisdiction; review by Supreme Court;
                         effective date of rule.                    
                  (d)   Federal and State implementation and
                         enforcement.                               
                  (e)   Other authorities of Administrator
                         unaffected.                                
                  (f)   Implementation or enforcement of Uranium
                         Mill Licensing Requirements.               
    2023.       State authority to regulate radiation below level
                     of regulatory concern of Nuclear Regulatory
                     Commission.                                      
                  (a)   In general.                                 
                  (b)   Relation to other State authority.          
                  (c)   Definitions.                                

                       SUBCHAPTER II - ORGANIZATION                   
    2031, 2032. Repealed.                                         
    2033.       Principal office.                                 
    2034.       General Manager, Deputy and Assistant General
                     Managers.                                        
                  (a)   General Manager; chief executive officer;
                         duties; appointment; removal.              
                  (b)   Deputy General Manager; duties; appointment;
                         removal.                                   
                  (c)   Assistant General Managers; duties;
                         appointment; removal.                      
    2035.       Divisions, offices, and positions.                
                  (a)   Program divisions; appointment and powers of
                         Assistant General Manager and Division
                         Directors.                                 
                  (b)   General Counsel.                            
                  (c)   Inspection Division; duties.                
                  (d)   Executive management positions; appointment;
                         removal.                                   
    2036, 2037. Repealed.                                         
    2038.       Appointment of Army, Navy, or Air Force officer as
                     Assistant General Manager for Military
                     Application; Chairman of Military Liaison
                     Committee; compensation.                         
    2039.       Advisory Committee on Reactor Safeguards;
                     composition; tenure; duties; compensation.       
    2040.       Fellowship program of Advisory Committee on
                     Reactor Safeguards; selection of fellowships.    

                         SUBCHAPTER III - RESEARCH                     
    2051.       Research and development assistance.              
                  (a)   Contracts and loans for research activities.
                  (b)   Grants and contributions.                   
                  (c)   Purchase of supplies without advertising.   
                  (d)   Prevention of dissemination of information
                         prohibited; other conditions of agreements.
    2052.       Research by Commission.                           
    2053.       Research for others; charges.                     

          SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL      
    2061.       Production facilities.                            
                  (a)   Ownership.                                  
                  (b)   Operation of Commission's facilities.       
                  (c)   Operation of other facilities.              
    2062.       Irradiation of materials.                         
    2063.       Acquisition of production facilities.             
    2064.       Disposition of energy; regulation on sale.        

                  SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL              
    2071.       Determination of other material as special nuclear
                     material; Presidential assent; effective date.   
    2072.       Repealed.                                         
    2073.       Domestic distribution of special nuclear material.
                  (a)   Licenses.                                   
                  (b)   Minimum criteria for licenses.              
                  (c)   Manner of distribution; charges for material
                         sold; agreements; charges for material
                         leased.                                    
                  (d)   Determination of charges.                   
                  (e)   License conditions.                         
                  (f)   Distribution for independent research and
                         development activities.                    
    2074.       Foreign distribution of special nuclear material. 
                  (a)   Compensation; distribution to International
                         Atomic Energy Agency; procedure for
                         distribution; repurchase of unconsumed
                         materials; price; purchase of materials
                         produced outside United States; price.     
                  (b)   Distribution to persons outside United
                         States of plutonium and other special
                         nuclear material exempted under section
                         2077(d) of this title; compensation;
                         reports.                                   
                  (c)   Licensing or granting permission to others
                         to distribute special nuclear material;
                         conditions.                                
                  (d)   Laboratory samples; medical devices;
                         monitoring or other instruments;
                         emergencies.                               
                  (e)   Arrangements for storage or disposition of
                         irradiated fuel elements.                  
    2075.       Acquisition of special nuclear material; payments;
                     just compensation.                               
    2076.       Guaranteed purchase prices.                       
    2077.       Unauthorized dealings in special nuclear material.
                  (a)   Handling by persons.                        
                  (b)   Engagement or participation in development
                         or production.                             
                  (c)   Distribution by Commission.                 
                  (d)   Establishment of classes of special nuclear
                         material; exemption of materials, kinds of
                         uses and users from requirement of license.
                  (e)   Transfer, etc., of special nuclear material.
    2078.       Congressional review of guaranteed purchase price,
                     guaranteed purchase price period, and criteria
                     for waiver of charges.                           

                      SUBCHAPTER VI - SOURCE MATERIAL                  
    2091.       Determination of source material.                 
    2092.       License requirements for transfers.               
    2093.       Domestic distribution of source material.         
                  (a)   License.                                    
                  (b)   Minimum criteria for licenses.              
                  (c)   Determination of charges.                   
    2094.       Foreign distribution of source material.          
    2095.       Reports.                                          
    2096.       Acquisition of source material; payments.         
    2097.       Operations on lands belonging to United States.   
    2098.       Public and acquired lands.                        
                  (a)   Conditions on location, entry, and
                         settlement.                                
                  (b)   Reservation of mineral rights; release.     
                  (c)   Prior locations.                            
    2099.       Prohibitions against issuance of license.         

                   SUBCHAPTER VII - BYPRODUCT MATERIALS               
    2111.       Domestic distribution.                            
                  (a)   In general.                                 
                  (b)   Requirements.                               
                  (c)   Treatment as low-level radioactive waste.   
    2112.       Foreign distribution of byproduct material.       
                  (a)   Cooperation with other Nations.             
                  (b)   Distribution to individuals.                
                  (c)   Distributor's license.                      
    2113.       Ownership and custody of certain byproduct
                     material and disposal sites.                     
                  (a)   Specific assurances in license for
                         pretermination actions.                    
                  (b)   Transfer of title; health and environmental
                         protection through maintenance of property
                         and materials; use of surface or subsurface
                         estates: first refusal rights of
                         transferor; maintenance, monitoring, and
                         emergency measures and other authorized
                         action; licensee-transferor liability for
                         fraud or negligence; administrative and
                         legal costs limitation; government
                         retransfers under section 7914(h) of this
                         title.                                     
                  (c)   Compliance with applicable standards and
                         license requirements; determination upon
                         termination of license.                    
    2114.       Authorities of Commission respecting certain
                     byproduct material.                              
                  (a)   Management function.                        
                  (b)   Rules, regulations, or orders for certain
                         activities; civil penalty.                 
                  (c)   Alternative requirements or proposals.      

          SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY      
    2121.       Authority of Commission.                          
                  (a)   Research and development; weapons
                         production; hazardous wastes; transfers of
                         technologies.                              
                  (b)   Material for Department of Defense use.     
                  (c)   Sale, lease, or loan to other Nations of
                         materials for military applications.       
    2122.       Prohibitions governing atomic weapons.            
    2122a.      Repealed.                                         
    2123.       Transferred.                                      

                  SUBCHAPTER IX - ATOMIC ENERGY LICENSES              
    2131.       License required.                                 
    2132.       Utilization and production facilities for
                     industrial or commercial purposes.               
                  (a)   Issuance of licenses.                       
                  (b)   Facilities constructed or operated under
                         section 2134(b).                           
                  (c)   Cooperative Power Reactor Demonstration
                         facilities.                                
    2133.       Commercial licenses.                              
                  (a)   Conditions.                                 
                  (b)   Nonexclusive basis.                         
                  (c)   License period.                             
                  (d)   Limitations.                                
                  (f)   Accident notification condition; license
                         revocation; license amendment to include
                         condition.                                 
    2134.       Medical, industrial, and commercial licenses.     
                  (a)   Medical therapy.                            
                  (b)   Industrial and commercial purposes.         
                  (c)   Research and development activities.        
                  (d)   Limitations.                                
    2135.       Antitrust provisions governing licenses.          
                  (a)   Violations of antitrust laws.               
                  (b)   Reports to Attorney General.                
                  (c)   Transmissions to Attorney General of copies
                         of license applications; publication of
                         advice; factors considered; exceptions.    
    2136.       Classes of facilities.                            
    2137.       Operators' licenses.                              
    2138.       Suspension of licenses during war or national
                     emergency.                                       
    2139.       Component and other parts of facilities.          
                  (a)   Licenses for domestic activities.           
                  (b)   Export licenses.                            
                  (c)   Exports inimical to common defense and
                         security of United States.                 
    2139a.      Regulations implementing requirements relating to
                     licensing for components and other parts of
                     facilities.                                      
    2140.       Exclusions from license requirement.              
    2141.       Licensing by Nuclear Regulatory Commission of
                     distribution of special nuclear material, source
                     material, and byproduct material by Department of
                     Energy.                                          

                  SUBCHAPTER X - INTERNATIONAL ACTIVITIES              
    2151.       Effect of international arrangements.             
    2152.       Policies contained in international arrangements. 
    2153.       Cooperation with other nations.                   
                  (a)   Terms, conditions, duration, nature, scope,
                         and other requirements of proposed
                         agreements for cooperation; Presidential
                         exemptions; negotiations; Nuclear
                         Proliferation Assessment Statement.        
                  (b)   Presidential approval and authorization for
                         execution of proposed agreements for
                         cooperation.                               
                  (c)   Submittal of proposed agreements for
                         cooperation to Congressional committees.   
                  (d)   Congressional action.                       
    2153a.      Approval for enrichment after export of source or
                     special nuclear material; export of major
                     critical components of enrichment facilities.    
    2153b.      Export policies relating to peaceful nuclear
                     activities and international nuclear trade.      
                  (a)   Undertakings by transferee nations receiving
                         nuclear material and equipment or sensitive
                         nuclear technology.                        
                  (b)   Enrichment of source or special nuclear
                         material only under effective international
                         auspices and inspection.                   
                  (c)   Establishment of physical security measures.
                  (d)   United States military activities.          
    2153c.      Renegotiation of agreements for cooperation.      
                  (a)   Application to existing agreements of
                         undertakings required of new agreements
                         after March 10, 1978.                      
                  (b)   Presidential review of export agreement
                         conditions and policy goals.               
                  (c)   Presidential proposals for additional export
                         criteria.                                  
                  (d)   Congressional action.                       
    2153d.      Authority to continue agreements for cooperation
                     entered into prior to March 10, 1978.            
    2153e.      Protection of environment.                        
    2153e-1.    Effectiveness of rule, regulation, or procedure
                     with regard to exports subject to Nuclear
                     Non-Proliferation Act of 1978.                   
    2153f.      Savings clause; Nuclear Non-Proliferation Act of
                     1978.                                            
    2154.       International atomic pool.                        
    2155.       Export licensing procedures.                      
                  (a)   Executive branch judgment on export
                         applications; criteria governing United
                         States nuclear exports.                    
                  (b)   Requests to be given timely consideration;
                         Presidential review if Commission is unable
                         to make required statutory determinations;
                         Commission review.                         
                  (c)   Additional export criteria.                 
    2155a.      Regulations establishing Commission procedures
                     covering grant, suspension, revocation, or
                     amendment of nuclear export licenses or
                     exemptions.                                      
    2156.       Criteria governing United States nuclear exports. 
    2156a.      Regulations establishing levels of physical
                     security to protect facilities and material.     
    2157.       Additional export criterion and procedures.       
    2158.       Conduct resulting in termination of nuclear
                     exports.                                         
    2159.       Congressional review procedures.                  
                  (a)   Committee consideration of Presidential
                         submissions; reports.                      
                  (b)   Consideration of resolution by respective
                         Houses of Congress.                        
                  (c)   Debate.                                     
                  (d)   Vote on final approval.                     
                  (e)   Appeals from decisions of Chair.            
                  (f)   Resolution.                                 
                  (g)   Continuity of Congressional sessions;
                         computation of time.                       
                  (h)   Supersedure or change in rules.             
                  (i)   Joint resolutions.                          
    2160.       Subsequent arrangements.                          
                  (a)   Consultation and concurrence; negotiations
                         of a policy nature; notice of proposed
                         subsequent arrangements; Nuclear
                         Proliferation Assessment Statement;
                         reprocessing of material.                  
                  (b)   Reports to Congressional committees;
                         increase in risk of proliferation.         
                  (c)   Procedures for consideration of requests for
                         subsequent arrangements.                   
                  (d)   Activities not prohibited, precluded, or
                         limited.                                   
                  (e)   Jurisdiction of Secretary of Energy.        
                  (f)   Subsequent arrangements involving direct or
                         indirect commitment of United States for
                         storage or other disposition of foreign
                         spent nuclear fuel in United States.       
    2160a.      Review of Nuclear Proliferation Assessment
                     Statements.                                      
    2160b.      Authority to suspend nuclear cooperation with
                     nations which have not ratified the Convention on
                     the Physical Security of Nuclear Materials.      
    2160c.      Consultation with Department of Defense concerning
                     certain exports and subsequent arrangements.     
    2160d.      Further restrictions on exports.                  
                  (a)   In general.                                 
                  (b)   Medical isotope production.                 
                  (c)   Definitions.                                

                  SUBCHAPTER XI - CONTROL OF INFORMATION              
    2161.       Policy of Commission.                             
    2162.       Classification and declassification of Restricted
                     Data.                                            
                  (a)   Periodic determination.                     
                  (b)   Continuous review.                          
                  (c)   Joint determination on atomic weapons;
                         Presidential determination on disagreement.
                  (d)   Removal from Restricted Data category.      
                  (e)   Joint determination on atomic energy
                         programs.                                  
    2163.       Access to Restricted Data.                        
    2164.       International cooperation.                        
                  (a)   By Commission.                              
                  (b)   By Department of Defense.                   
                  (c)   Exchange of information concerning atomic
                         weapons; research, development, or design,
                         of military reactors.                      
                  (d)   By Department of Energy.                    
                  (e)   Communication of data by other Government
                         agencies.                                  
    2165.       Security restrictions.                            
                  (a)   On contractors and licensees.               
                  (b)   Employment of personnel; access to
                         Restricted Data.                           
                  (c)   Acceptance of investigation and clearance
                         granted by other Government agencies.      
                  (d)   Investigations by FBI.                      
                  (e)   Presidential investigation.                 
                  (f)   Performance of personnel security
                         investigations by FBI.                     
                  (g)   Investigation standards.                    
                  (h)   War time clearance.                         
    2166.       Applicability of other laws.                      
    2167.       Safeguards information.                           
                  (a)   Confidentiality of certain types of
                         information; issuance of regulations and
                         orders; considerations for exercise of
                         Commission's authority; disclosure of
                         routes and quantities of shipment; civil
                         penalties; withholding of information from
                         Congressional committees.                  
                  (b)   Regulations or orders issued under this
                         section and section 2201(b) of this title
                         for purposes of section 2273 of this title.
                  (c)   Judicial review.                            
                  (d)   Reports to Congress; contents.              
    2168.       Dissemination of unclassified information.        
                  (a)   Dissemination prohibited; rules and
                         regulations; determinations of Secretary
                         prerequisite to issuance of prohibiting
                         regulations or orders; criteria.           
                  (b)   Civil penalties.                            
                  (c)   Criminal penalties.                         
                  (d)   Judicial review.                            
                  (e)   Quarterly reports for interested persons;
                         contents.                                  
    2169.       Fingerprinting for criminal history record checks.
                  (a)   In general.                                 
                  (b)   Waiver.                                     
                  (c)   Regulations.                                
                  (d)   Use of biometric methods.                   
                  (e)   Processing fees; use of amounts collected.  

                  SUBCHAPTER XII - PATENTS AND INVENTIONS              
    2181.       Inventions relating to atomic weapons, and filing
                     of reports.                                      
                  (a)   Denial of patent; revocation of prior
                         patents.                                   
                  (b)   Denial of rights; revocation of prior
                         rights.                                    
                  (c)   Report of invention to Under Secretary of
                         Commerce for Intellectual Property and
                         Director of the United States Patent and
                         Trademark Office.                          
                  (d)   Report to Commission by Under Secretary of
                         Commerce for Intellectual Property and
                         Director of the United States Patent and
                         Trademark Office.                          
                  (e)   Confidential information; circumstances
                         permitting disclosure.                     
    2182.       Inventions conceived during Commission contracts;
                     ownership; waiver; hearings.                     
    2183.       Nonmilitary utilization.                          
                  (a)   Declaration of public interest.             
                  (b)   Action by Commission.                       
                  (c)   Application for patent.                     
                  (d)   Hearings.                                   
                  (e)   Commission's findings.                      
                  (f)   Limitations on issuance of patent.          
                  (g)   Royalty fees.                               
                  (h)   Effective period.                           
    2184.       Injunctions; measure of damages.                  
    2185.       Prior art.                                        
    2186.       Commission patent licenses.                       
    2187.       Compensation, awards, and royalties.              
                  (a)   Patent Compensation Board.                  
                  (b)   Eligibility.                                
                  (c)   Standards.                                  
                  (d)   Limitations.                                
    2188.       Monopolistic use of patents.                      
    2189.       Federally financed research.                      
    2190.       Saving clause for prior patent applications.      

             SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION         
    2201.       General duties of Commission.                     
                  (a)   Establishment of advisory boards.           
                  (b)   Standards governing use and possession of
                         material.                                  
                  (c)   Studies and investigations.                 
                  (d)   Employment of personnel.                    
                  (e)   Acquisition of material, property, etc.;
                         negotiation of commercial leases.          
                  (f)   Utilization of other Federal agencies.      
                  (g)   Acquisition of real and personal property.  
                  (h)   Consideration of license applications.      
                  (i)   Regulations governing Restricted Data.      
                  (j)   Disposition of surplus materials.           
                  (k)   Carrying of firearms; authority to make
                         arrests without warrant.                   
                  (l)   Repealed.                                   
                  (m)   Agreements regarding production.            
                  (n)   Delegation of functions.                    
                  (o)   Reports.                                    
                  (p)   Rules and regulations.                      
                  (q)   Easements for rights-of-way.                
                  (r)   Sale of utilities and related services.     
                  (s)   Succession of authority.                    
                  (t)   Contracts.                                  
                  (u)   Additional contracts; guiding principles;
                         appropriations.                            
                  (v)   Support of United States Enrichment
                         Corporation.                               
                  (w)   License fees for nuclear power reactors.    
                  (x)   Standards and instructions for bonding,
                         surety, or other financial arrangements,
                         including performance bonds.               
    2201a.      Use of firearms by security personnel.            
                  (a)   Definitions.                                
                  (b)   Authorization.                              
                  (c)   Background checks.                          
                  (d)   Effective date.                             
    2202.       Contracts.                                        
    2203.       Advisory committees.                              
    2204.       Electric utility contracts; authority to enter
                     into; cancellation; submission to Energy
                     Committees.                                      
    2204a.      Fission product contracts.                        
                  (a)   Authority to enter into contracts.          
                  (b)   Cancellation.                               
                  (c)   Submission to Energy Committees.            
    2205.       Contract practices.                               
    2205a.      Repealed.                                         
    2206.       Comptroller General audit.                        
    2207.       Claim settlements; reports to Congress.           
    2208.       Payments in lieu of taxes.                        
    2209.       Subsidies.                                        
    2210.       Indemnification and limitation of liability.      
                  (a)   Requirement of financial protection for
                         licensees.                                 
                  (b)   Amount and type of financial protection for
                         licensees.                                 
                  (c)   Indemnification of licenses by Nuclear
                         Regulatory Commission.                     
                  (d)   Indemnification of contractors by Department
                         of Energy.                                 
                  (e)   Limitation on aggregate public liability.   
                  (f)   Collection of fees by Nuclear Regulatory
                         Commission.                                
                  (g)   Use of services of private insurers.        
                  (h)   Conditions of agreements of indemnification.
                  (i)   Compensation plans.                         
                  (j)   Contracts in advance of appropriations.     
                  (k)   Exemption from financial protection
                         requirement for nonprofit educational
                         institutions.                              
                  (l)   Presidential commission on catastrophic
                         nuclear accidents.                         
                  (m)   Coordinated procedures for prompt settlement
                         of claims and emergency assistance.        
                  (n)   Waiver of defenses and judicial procedures. 
                  (o)   Plan for distribution of funds.             
                  (p)   Reports to Congress.                        
                  (q)   Limitation on awarding of precautionary
                         evacuation costs.                          
                  (r)   Limitation on liability of lessors.         
                  (s)   Limitation on punitive damages.             
                  (t)   Inflation adjustment.                       
    2210a.      Conflicts of interest relating to contracts and
                     other arrangements.                              
                  (a)   Disclosure requirements.                    
                  (b)   Evaluation.                                 
                  (c)   Promulgation and publication of rules.      
    2210b.      Uranium supply.                                   
                  (a)   Assessment of domestic uranium industry
                         viability; monitoring and reporting
                         requirements; criteria; implementation by
                         rules and regulations.                     
                  (b)   Disclosure of information.                  
                  (c)   Criteria for monitoring and reporting
                         requirements.                              
                  (d)   Excessive imports; investigation by United
                         States International Trade Commission.     
                  (e)   Excessive imports for contracts or options
                         as threatening national security;
                         investigation by Secretary of Commerce;
                         recommendation for further investigation.  
    2210c.      Elimination of pension offset for certain rehired
                     Federal retirees.                                
                  (a)   In general.                                 
                  (b)   Procedures.                                 
                  (c)   Effect of waiver.                           
    2210d.      Security evaluations.                             
                  (a)   Security response evaluations.              
                  (b)   Force-on-force exercises.                   
                  (c)   Action by licensees.                        
                  (d)   Facilities under heightened threat levels.  
                  (e)   Report.                                     
    2210e.      Design basis threat rulemaking.                   
                  (a)   Rulemaking.                                 
                  (b)   Factors.                                    
    2210f.      Recruitment tools.                                
    2210g.      Expenses authorized to be paid by the Commission. 
    2210h.      Radiation source protection.                      
                  (a)   Definitions.                                
                  (b)   Commission approval.                        
                  (c)   Tracking system.                            
                  (d)   Penalty.                                    
                  (e)   National Academy of Sciences study.         
                  (f)   Task force on radiation source protection
                         and security.                              
                  (g)   Action by Commission.                       
    2210i.      Secure transfer of nuclear materials.             
    2211.       Payment of claims or judgments for damage
                     resulting from nuclear incident involving nuclear
                     reactor of United States warship; exception;
                     terms and conditions.                            
    2212, 2213. Repealed or Transferred.                          
    2214.       NRC user fees and annual charges.                 
                  (a)   Annual assessment.                          
                  (b)   Fees for service or thing of value.         
                  (c)   Annual charges.                             
                  (d)   "Nuclear Waste Fund" defined.               

        SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY ACQUIRED    
    2221.       Just compensation for requisitioned property.     
    2222.       Condemnation of real property.                    
    2223.       Patent application disclosures.                   
    2224.       Attorney General approval of title.               

       SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE   
    2231.       Applicability of administrative procedure
                     provisions; definitions.                         
    2232.       License applications.                             
                  (a)   Contents and form.                          
                  (b)   Review of applications by Advisory Committee
                         on Reactor Safeguards; report.             
                  (c)   Commercial power; publication.              
                  (d)   Preferred consideration.                    
    2233.       Terms of licenses.                                
    2234.       Inalienability of licenses.                       
    2235.       Construction permits and operating licenses.      
    2236.       Revocation of licenses.                           
                  (a)   False applications; failure of performance. 
                  (b)   Procedure.                                  
                  (c)   Repossession of material.                   
    2237.       Modification of license.                          
    2238.       Continued operation of facilities.                
    2239.       Hearings and judicial review.                     
    2240.       Licensee incident reports as evidence.            
    2241.       Atomic safety and licensing boards; establishment;
                     membership; functions; compensation.             
    2242.       Temporary operating license.                      
                  (a)   Fuel loading, testing, and operation at
                         specific power level; petition, affidavit,
                         etc.                                       
                  (b)   Operation at greater power level; criteria,
                         effect, terms and conditions, etc.;
                         procedures applicable.                     
                  (c)   Hearing for final operating license;
                         suspension, issuance, compliance, etc.,
                         with temporary operating license.          
                  (d)   Administrative remedies for minimization of
                         need for license.                          
                  (e)   Expiration of issuing authority.            
    2243.       Licensing of uranium enrichment facilities.       
                  (a)   Environmental impact statement.             
                  (b)   Adjudicatory hearing.                       
                  (c)   Inspection and operation.                   
                  (d)   Insurance and decommissioning.              
                  (e)   No Price-Anderson coverage.                 
                  (f)   Limitation.                                 

             SUBCHAPTER XVI - JOINT COMMITTEE ON ATOMIC ENERGY         
    2251 to
     2257.      Repealed.                                         
    2258.       Joint Committee on Atomic Energy abolished.       
                  (a)   Abolition.                                  
                  (b)   References in rules, etc., on and after
                         September 20, 1977.                        
                  (c)   Transfer of records, data, etc.; copies.    
    2259.       Information and assistance to Congressional
                     committees.                                      
                  (a)   Secretary of Energy and Nuclear Regulatory
                         Commission.                                
                  (b)   Department of Defense and Department of
                         State.                                     
                  (c)   Government agencies.                        
                  (d)   Utilization of services, facilities, and
                         personnel of Government agencies;
                         reimbursement; prior written consent.      

                 SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER             
    2271.       General provisions.                               
                  (a)   Authority of President to utilize Government
                         agencies.                                  
                  (b)   Criminal violations.                        
                  (c)   Violations of this chapter.                 
    2272.       Violation of specific sections.                   
    2273.       Violation of sections.                            
                  (a)   Generally.                                  
                  (b)   Construction or supply of components for
                         utilization facilities; impairment of basic
                         components; "basic component" defined;
                         posting at construction sites of
                         utilization facilities and on premises of
                         component fabrication plants.              
                  (c)   Criminal penalties.                         
    2274.       Communication of Restricted Data.                 
    2275.       Receipt of Restricted Data.                       
    2276.       Tampering with Restricted Data.                   
    2277.       Disclosure of Restricted Data.                    
    2278.       Statute of limitations.                           
    2278a.      Trespass on Commission installations.             
                  (a)   Issuance and posting of regulations.        
                  (b)   Penalty for violation of regulations.       
                  (c)   Penalty for violation of regulations
                         regarding enclosed property.               
    2278b.      Photographing, etc., of Commission installations;
                     penalty.                                         
    2279.       Applicability of other laws.                      
    2280.       Injunction proceedings.                           
    2281.       Contempt proceedings.                             
    2282.       Civil penalties.                                  
                  (a)   Violations of licensing requirements.       
                  (b)   Notice.                                     
                  (c)   Collection of penalties.                    
    2282a.      Civil monetary penalties for violation of
                     Department of Energy safety regulations.         
                  (a)   Persons subject to penalty.                 
                  (b)   Determination of amount.                    
                  (c)   Assessment and payment.                     
                  (d)   Limitation for not-for-profit institutions. 
    2282b.      Civil monetary penalties for violations of
                     Department of Energy regulations regarding
                     security of classified or sensitive information
                     or data.                                         
                  (a)   Persons subject to penalty.                 
                  (b)   Fee or payment reductions for violations.   
                  (c)   Powers and limitations.                     
                  (d)   Application to certain entities.            
    2282c.      Worker health and safety rules for Department of
                     Energy nuclear facilities.                       
                  (a)   Regulations required.                       
                  (b)   Civil penalties.                            
                  (c)   Contract penalties.                         
                  (d)   Coordination of penalties.                  
    2283.       Protection of nuclear inspectors.                 
                  (a)   Homicide.                                   
                  (b)   Assault.                                    
    2284.       Sabotage of nuclear facilities or fuel.           
                  (a)   Physical damage to facilities, etc.         
                  (b)   Unauthorized use or tampering with
                         facilities, etc.                           

        SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD    
    2286.       Establishment.                                    
                  (a)   Establishment.                              
                  (b)   Membership.                                 
                  (c)   Chairman and Vice Chairman.                 
                  (d)   Terms.                                      
                  (e)   Quorum.                                     
    2286a.      Functions of Board.                               
                  (a)   In general.                                 
                  (b)   Excluded functions.                         
    2286b.      Powers of Board.                                  
                  (a)   Hearings.                                   
                  (b)   Staff.                                      
                  (c)   Regulations.                                
                  (d)   Reporting requirements.                     
                  (e)   Use of Government facilities, etc.          
                  (f)   Assistance from certain agencies of Federal
                         Government.                                
                  (g)   Assistance from organizations outside
                         Federal Government.                        
                  (h)   Resident inspectors.                        
                  (i)   Special studies.                            
                  (j)   Evaluation of information.                  
    2286c.      Responsibilities of Secretary of Energy.          
                  (a)   Cooperation.                                
                  (b)   Access to information.                      
    2286d.      Board recommendations.                            
                  (a)   Public availability and comment.            
                  (b)   Response by Secretary.                      
                  (c)   Provision of information to Secretary.      
                  (d)   Final decision.                             
                  (e)   Implementation plan.                        
                  (f)   Implementation.                             
                  (g)   Imminent or severe threat.                  
                  (h)   Limitation.                                 
    2286e.      Reports.                                          
                  (a)   Board report.                               
                  (b)   DOE report.                                 
    2286f.      Judicial review.                                  
    2286g.      "Department of Energy defense nuclear facility"
                     defined.                                         
    2286h.      Contract authority subject to appropriations.     
    2286h-1.    Transmittal of certain information to Congress.   
    2286i.      Annual authorization of appropriations.           

                  SUBCHAPTER XVIII - EURATOM COOPERATION              
    2291.       Definitions.                                      
    2292.       Authorization of appropriations for research and
                     development program; authority to enter into
                     contracts; period of contracts; equivalent
                     amounts for research and development program.    
    2293.       Omitted.                                          
    2294.       Authorization for sale or lease of uranium and
                     plutonium; amounts; lien for nonpayment; uranium
                     enrichment services.                             
    2295.       Acquisition of nuclear materials.                 
                  (a)   Authorization; restriction of amounts of
                         plutonium or uranium; amount and use of
                         plutonium authorized to be acquired.       
                  (b)   Terms and periods of contracts to acquire
                         plutonium.                                 
                  (c)   Terms and periods of contracts to acquire
                         uranium.                                   
                  (d)   Contracts for purchase of special nuclear
                         materials.                                 
                  (e)   Certification by Commission.                
    2296.       Nonliability of United States; indemnification.   

        SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION    

            PART A - REMEDIAL ACTION AT ACTIVE PROCESSING SITES        
    2296a.      Remedial action program.                          
                  (a)   In general.                                 
                  (b)   Reimbursement.                              
    2296a-1.    Regulations.                                      
    2296a-2.    Authorization of appropriations.                  
                  (a)   In general.                                 
                  (b)   Source.                                     
    2296a-3.    Definitions.                                      

                      PART B - URANIUM REVITALIZATION                  
    2296b.      Overfeed program.                                 
                  (a)   Uranium purchases.                          
                  (b)   Use of domestic uranium.                    
    2296b-1.    National Strategic Uranium Reserve.               
    2296b-2.    Sale of remaining DOE inventories.                
    2296b-3.    Responsibility for the industry.                  
                  (a)   Continuing Secretarial responsibility.      
                  (b)   Encourage export.                           
    2296b-4.    Annual uranium purchase reports.                  
                  (a)   In general.                                 
                  (b)   Congressional access.                       
    2296b-5.    Uranium inventory study.                          
    2296b-6.    Regulatory treatment of uranium purchases.        
                  (a)   Encouragement.                              
                  (b)   Report.                                     
                  (c)   Savings provision.                          
    2296b-7.    Definitions.                                      

             DIVISION B - UNITED STATES ENRICHMENT CORPORATION         

                     SUBCHAPTER I - GENERAL PROVISIONS                 
    2297, 2297a.Repealed.                                         

        SUBCHAPTER II - ESTABLISHMENT, POWERS, AND ORGANIZATION OF
                                CORPORATION
    2297b to 2297b-15. Repealed.                                      

      SUBCHAPTER III - RIGHTS, PRIVILEGES, AND ASSETS OF CORPORATION  
    2297c to 2297c-7. Repealed.                                       

               SUBCHAPTER IV - PRIVATIZATION OF CORPORATION           
    2297d,
     2297d-1.   Repealed.                                         

       SUBCHAPTER V - AVLIS AND ALTERNATIVE TECHNOLOGIES FOR URANIUM
                                ENRICHMENT
    2297e to 2297e-7. Repealed.                                       

      SUBCHAPTER VI - LICENSING AND REGULATION OF URANIUM ENRICHMENT
                                FACILITIES
    2297f.      Gaseous diffusion facilities.                     
                  (a)   Issuance of standards.                      
                  (b)   Annual report.                              
                  (c)   Certification process.                      
                  (d)   Requirement for operation.                  
    2297f-1.    Licensing of other technologies.                  
                  (a)   In general.                                 
                  (b)   Costs for decontamination and
                         decommissioning.                           
    2297f-2.    Regulation of Restricted Data.                    

           SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING       
    2297g.      Uranium Enrichment Decontamination and
                     Decommissioning Fund.                            
                  (a)   Establishment.                              
                  (b)   Administration.                             
    2297g-1.    Deposits.                                         
                  (a)   Amount.                                     
                  (b)   Source.                                     
                  (c)   Special assessment.                         
                  (d)   Authorization of appropriations.            
                  (e)   Termination of assessments.                 
                  (f)   Continuation of deposits.                   
                  (g)   Treatment of assessment.                    
    2297g-2.    Department facilities.                            
                  (a)   Study by National Academy of Sciences.      
                  (b)   Payment of decontamination and
                         decommissioning costs.                     
                  (c)   Payment of remedial action costs.           
    2297g-3.    Employee provisions.                              
    2297g-4.    Reports to Congress.                              

          SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION
                               PRIVATIZATION
    2297h.      Definitions.                                      
    2297h-1.    Sale of Corporation.                              
                  (a)   Authorization.                              
                  (b)   Proceeds.                                   
    2297h-2.    Method of sale.                                   
                  (a)   Authorization.                              
                  (b)   Board determination.                        
                  (c)   Adequate proceeds.                          
                  (d)   Application of securities laws.             
                  (e)   Expenses.                                   
    2297h-3.    Establishment of private corporation.             
                  (a)   Incorporation.                              
                  (b)   Status of private corporation.              
                  (c)   Application of post-Government employment
                         restrictions.                              
                  (d)   Dissolution.                                
    2297h-4.    Transfers to private corporation.                 
    2297h-5.    Leasing of gaseous diffusion facilities.          
                  (a)   Transfer of lease.                          
                  (b)   Renewal.                                    
                  (c)   Exclusion of facilities for production of
                         highly enriched uranium.                   
                  (d)   DOE responsibility for preexisting
                         conditions.                                
                  (e)   Environmental audit.                        
                  (f)   Treatment under Price-Anderson provisions.  
                  (g)   Waiver of EIS requirement.                  
                  (h)   Maintenance of security.                    
    2297h-6.    Transfer of contracts.                            
                  (a)   Transfer of contracts.                      
                  (b)   Nontransferable power contracts.            
                  (c)   Effect of transfer.                         
                  (d)   Pricing.                                    
    2297h-7.    Liabilities.                                      
                  (a)   Liability of United States.                 
                  (b)   Liability of Corporation.                   
                  (c)   Liability of private corporation.           
                  (d)   Liability of officers and directors.        
    2297h-8.    Employee protections.                             
                  (a)   Contractor employees.                       
                  (b)   Former Federal employees.                   
    2297h-9.    Ownership limitations.                            
                  (a)   Securities limitations.                     
                  (b)   Ownership limitation.                       
    2297h-10.   Uranium transfers and sales.                      
                  (a)   Transfers and sales by Secretary.           
                  (b)   Russian HEU.                                
                  (c)   Transfers to Corporation.                   
                  (d)   Inventory sales.                            
                  (e)   Government transfers.                       
                  (f)   Savings provision.                          
    2297h-11.   Low-level waste.                                  
                  (a)   Responsibility of DOE.                      
                  (b)   Agreements with other persons.              
                  (c)   State or interstate compacts.               
    2297h-12.   AVLIS.                                            
                  (a)   Exclusive right to commercialize.           
                  (b)   Transfer of related property to Corporation.
                  (c)   Liability for patent and related claims.    
    2297h-13.   Application of certain laws.                      
                  (a)   OSHA.                                       
                  (b)   Antitrust laws.                             
                  (c)   Energy Reorganization Act requirements.     

-End-

-CITE-
    42 USC Division A - Atomic Energy                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy

-HEAD-
                        DIVISION A - ATOMIC ENERGY                    

-End-

-CITE-
    42 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-

-CITE-
    42 USC Sec. 2011                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2011. Congressional declaration of policy

-STATUTE-
      Atomic energy is capable of application for peaceful as well as
    military purposes. It is therefore declared to be the policy of the
    United States that - 
        (a) the development, use, and control of atomic energy shall be
      directed so as to make the maximum contribution to the general
      welfare, subject at all times to the paramount objective of
      making the maximum contribution to the common defense and
      security; and
        (b) the development, use, and control of atomic energy shall be
      directed so as to promote world peace, improve the general
      welfare, increase the standard of living, and strengthen free
      competition in private enterprise.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 1, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 921; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those comprising this section were
    contained in section 1 of act Aug. 1, 1946, ch. 724, 60 Stat. 755,
    which was classified to section 1801 of this title, prior to the
    general amendment and renumbering of act Aug. 1, 1946, by act Aug.
    30, 1954.

                       SHORT TITLE OF 2005 AMENDMENT                   
      Pub. L. 109-58, title VI, Sec. 601, Aug. 8, 2005, 119 Stat. 779,
    provided that: "This subtitle [subtitle A (Secs. 601-610) of title
    VI of Pub. L. 109-58, amending sections 2210 and 2282a of this
    title and enacting provisions set out as notes under sections 2210
    and 2282a of this title] may be cited as the 'Price-Anderson
    Amendments Act of 2005'."

                       SHORT TITLE OF 2000 AMENDMENT                   
      Pub. L. 106-245, Sec. 1, July 10, 2000, 114 Stat. 501, provided
    that: "This Act [enacting section 285a-9 of this title and enacting
    and amending provisions set out as notes under section 2210 of this
    title] may be cited as the 'Radiation Exposure Compensation Act
    Amendments of 2000'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Pub. L. 104-134, title III, Sec. 3101, Apr. 26, 1996, 110 Stat.
    1321-335, provided that: "This subchapter [subch. A (Secs. 3101-
    3117) of ch. 1 of title III of Pub. L. 104-134, enacting sections
    2297h to 2297h-13 of this title, amending sections 2014, 2239,
    2243, 2282, 2296b-7, 2297f, and 2297f-1 of this title and section
    9101 of Title 31, Money and Finance, repealing sections 2297 to
    2297e-7 of this title, and enacting provisions set out as notes
    under section 2297 of this title and section 9101 of Title 31] may
    be cited as the 'USEC Privatization Act'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-408, Sec. 1, Aug. 20, 1988, 102 Stat. 1066, provided
    that: "This Act [enacting section 2282a of this title, amending
    sections 2014, 2210, and 2273 of this title, and enacting
    provisions set out as notes under sections 2014 and 2210 of this
    title] may be cited as the 'Price-Anderson Amendments Act of
    1988'."

                       SHORT TITLE OF 1964 AMENDMENT                   
      Pub. L. 88-489, Sec. 21, Aug. 26, 1964, 78 Stat. 607, provided
    that: "This Act [amending sections 2012, 2013, 2073 to 2078, 2135,
    2153, 2201, 2221, 2233, and 2234 of this title, repealing section
    2072 of this title, and enacting provisions set out as notes under
    sections 2012 and 2072 of this title] may be cited as the 'Private
    Ownership of Special Nuclear Materials Act'."

                       SHORT TITLE OF 1958 AMENDMENT                   
      Pub. L. 85-846, Sec. 1, Aug. 28, 1958, 72 Stat. 1084, provided:
    "That this Act [enacting sections 2291 to 2296 of this title] may
    be cited as the 'EURATOM Cooperation Act of 1958'."

                                SHORT TITLE                            
      Section 291 of title I of act Aug. 1, 1946, as added by act Aug.
    30, 1954, Sec. 1; renumbered title I, Oct. 24, 1992, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), 106 Stat. 2944, provided that:
    "This Act [enacting this chapter and amending sections 1031(d) and
    1032 of former Title 5, Executive Departments and Government
    Officers and Employees, and enacting provision set out as a note
    under section 2221 of this title] may be cited as the 'Atomic
    Energy Act of 1954'."

                               SEPARABILITY                           
      Section 281 of title I of act Aug. 1, 1946, as added by act Aug.
    30, 1954, Sec. 1; renumbered title I, Oct. 24, 1992, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), 106 Stat. 2944, provided that: "If
    any provision of this Act [enacting this chapter] or the
    application of such provision to any person or circumstances, is
    held invalid, the remainder of this Act or the application of such
    provision to persons or circumstances other than those as to which
    it is held invalid, shall not be affected thereby."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2012                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2012. Congressional findings

-STATUTE-
      The Congress of the United States makes the following findings
    concerning the development, use, and control of atomic energy:
      (a) The development, utilization, and control of atomic energy
    for military and for all other purposes are vital to the common
    defense and security.
      (b) Repealed. Pub. L. 88-489, Sec. 1, Aug. 26, 1964, 78 Stat.
    602.
      (c) The processing and utilization of source, byproduct, and
    special nuclear material affect interstate and foreign commerce and
    must be regulated in the national interest.
      (d) The processing and utilization of source, byproduct, and
    special nuclear material must be regulated in the national interest
    and in order to provide for the common defense and security and to
    protect the health and safety of the public.
      (e) Source and special nuclear material, production facilities,
    and utilization facilities are affected with the public interest,
    and regulation by the United States of the production and
    utilization of atomic energy and of the facilities used in
    connection therewith is necessary in the national interest to
    assure the common defense and security and to protect the health
    and safety of the public.
      (f) The necessity for protection against possible interstate
    damage occurring from the operation of facilities for the
    production or utilization of source or special nuclear material
    places the operation of those facilities in interstate commerce for
    the purposes of this chapter.
      (g) Funds of the United States may be provided for the
    development and use of atomic energy under conditions which will
    provide for the common defense and security and promote the general
    welfare.
      (h) Repealed. Pub. L. 88-489, Sec. 2, Aug. 26, 1964, 78 Stat.
    602.
      (i) In order to protect the public and to encourage the
    development of the atomic energy industry, in the interest of the
    general welfare and of the common defense and security, the United
    States may make funds available for a portion of the damages
    suffered by the public from nuclear incidents, and may limit the
    liability of those persons liable for such losses.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 2, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 921; amended Pub. L. 85-256, Sec. 1,
    Sept. 2, 1957, 71 Stat. 576; Pub. L. 88-489, Secs. 1, 2, Aug. 26,
    1964, 78 Stat. 602; renumbered title I, Pub. L. 102-486, title IX,
    Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those comprising this section were
    contained in section 1 of act Aug. 1, 1946, ch. 724, 60 Stat. 755,
    which was classified to section 1801 of this title, prior to the
    general amendment and renumbering of act Aug. 1, 1946, by act Aug.
    30, 1954.

                                AMENDMENTS                            
      1964 - Subsec. (b). Pub. L. 88-489, Sec. 1, struck out subsec.
    (b) which found that use of United States property by others must
    be regulated in national interest and in order to provide for
    common defense and security and to protect health and safety of
    public.
      Subsec. (h). Pub. L. 88-489, Sec. 2, struck out subsec. (h) which
    found it essential to common defense and security that title to all
    special nuclear material be in United States while such special
    nuclear material is within United States.
      1957 - Subsec. (i). Pub. L. 85-256 added subsec. (i).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-MISC2-
    CONTROL AND REGULATION POWERS OF UNITED STATES AND OF ATOMIC ENERGY
       COMMISSION UNAFFECTED BY PRIVATE OWNERSHIP OF SPECIAL NUCLEAR
                                 MATERIALS
      Section 20 of Pub. L. 88-489 provided that: "Nothing in this Act
    [amending this section and sections 2013, 2073 to 2078, 2135, 2153,
    2201, 2233 and 2234 of this title, repealing section 2072 of this
    title, and enacting provisions set out as notes under this section
    and section 2072 of this title] shall be deemed to diminish
    existing authority of the United States, or of the Atomic Energy
    Commission under the Atomic Energy Act of 1954, as amended [this
    chapter], to regulate source, byproduct, and special nuclear
    material and production and utilization facilities, or to control
    such materials and facilities exported from the United States by
    imposition of governmental guarantees and security safeguards with
    respect thereto, in order to assure the common defense and security
    and to protect the health and safety of the public, or to reduce
    the responsibility of the Atomic Energy Commission to achieve such
    objectives."

-End-

-CITE-
    42 USC Sec. 2013                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2013. Purpose of chapter

-STATUTE-
      It is the purpose of this chapter to effectuate the policies set
    forth above by providing for - 
        (a) a program of conducting, assisting, and fostering research
      and development in order to encourage maximum scientific and
      industrial progress;
        (b) a program for the dissemination of unclassified scientific
      and technical information and for the control, dissemination, and
      declassification of Restricted Data, subject to appropriate
      safeguards, so as to encourage scientific and industrial
      progress;
        (c) a program for Government control of the possession, use,
      and production of atomic energy and special nuclear material,
      whether owned by the Government or others, so directed as to make
      the maximum contribution to the common defense and security and
      the national welfare, and to provide continued assurance of the
      Government's ability to enter into and enforce agreements with
      nations or groups of nations for the control of special nuclear
      materials and atomic weapons;
        (d) a program to encourage widespread participation in the
      development and utilization of atomic energy for peaceful
      purposes to the maximum extent consistent with the common defense
      and security and with the health and safety of the public;
        (e) a program of international cooperation to promote the
      common defense and security and to make available to cooperating
      nations the benefits of peaceful applications of atomic energy as
      widely as expanding technology and considerations of the common
      defense and security will permit; and
        (f) a program of administration which will be consistent with
      the foregoing policies and programs, with international
      arrangements, and with agreements for cooperation, which will
      enable the Congress to be currently informed so as to take
      further legislative action as may be appropriate.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 3, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 922; amended Pub. L. 88-489, Sec. 3,
    Aug. 26, 1964, 78 Stat. 602; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those comprising this section were
    contained in section 1 of act Aug. 1, 1946, ch. 724, 60 Stat. 755,
    which was classified to section 1801 of this title, prior to the
    general amendment and renumbering of act Aug. 1, 1946, by act Aug.
    30, 1954.

                                AMENDMENTS                            
      1964 - Subsec. (c). Pub. L. 88-489 inserted "whether owned by the
    Government or others" and "and to provide continued assurance of
    the Government's ability to enter into and enforce agreements with
    nations or groups of nations for the control of special nuclear
    materials and atomic weapons".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2014                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2014. Definitions

-STATUTE-
      The intent of Congress in the definitions as given in this
    section should be construed from the words or phrases used in the
    definitions. As used in this chapter:
      (a) The term "agency of the United States" means the executive
    branch of the United States, or any Government agency, or the
    legislative branch of the United States, or any agency, committee,
    commission, office, or other establishment in the legislative
    branch, or the judicial branch of the United States, or any office,
    agency, committee, commission, or other establishment in the
    judicial branch.
      (b) The term "agreement for cooperation" means any agreement with
    another nation or regional defense organization authorized or
    permitted by sections 2074, 2077, 2094, 2112, 2121(c), 2133, 2134,
    or 2164 of this title, and made pursuant to section 2153 of this
    title.
      (c) The term "atomic energy" means all forms of energy released
    in the course of nuclear fission or nuclear transformation.
      (d) The term "atomic weapon" means any device utilizing atomic
    energy, exclusive of the means for transporting or propelling the
    device (where such means is a separable and divisible part of the
    device), the principal purpose of which is for use as, or for
    development of, a weapon, a weapon prototype, or a weapon test
    device.
      (e) The term "byproduct material" means - 
        (1) any radioactive material (except special nuclear material)
      yielded in or made radioactive by exposure to the radiation
      incident to the process of producing or utilizing special nuclear
      material;
        (2) the tailings or wastes produced by the extraction or
      concentration of uranium or thorium from any ore processed
      primarily for its source material content;
        (3)(A) any discrete source of radium-226 that is produced,
      extracted, or converted after extraction, before, on, or after
      August 8, 2005, for use for a commercial, medical, or research
      activity; or
        (B) any material that - 
          (i) has been made radioactive by use of a particle
        accelerator; and
          (ii) is produced, extracted, or converted after extraction,
        before, on, or after August 8, 2005, for use for a commercial,
        medical, or research activity; and

        (4) any discrete source of naturally occurring radioactive
      material, other than source material, that - 
          (A) the Commission, in consultation with the Administrator of
        the Environmental Protection Agency, the Secretary of Energy,
        the Secretary of Homeland Security, and the head of any other
        appropriate Federal agency, determines would pose a threat
        similar to the threat posed by a discrete source of radium-226
        to the public health and safety or the common defense and
        security; and
          (B) before, on, or after August 8, 2005, is extracted or
        converted after extraction for use in a commercial, medical, or
        research activity.

      (f) The term "Commission" means the Atomic Energy Commission.
      (g) The term "common defense and security" means the common
    defense and security of the United States.
      (h) The term "defense information" means any information in any
    category determined by any Government agency authorized to classify
    information, as being information respecting, relating to, or
    affecting the national defense.
      (i) The term "design" means (1) specifications, plans, drawings,
    blueprints, and other items of like nature; (2) the information
    contained therein; or (3) the research and development data
    pertinent to the information contained therein.
      (j) The term "extraordinary nuclear occurrence" means any event
    causing a discharge or dispersal of source, special nuclear, or
    byproduct material from its intended place of confinement in
    amounts offsite, or causing radiation levels offsite, which the
    Nuclear Regulatory Commission or the Secretary of Energy, as
    appropriate, determines to be substantial, and which the Nuclear
    Regulatory Commission or the Secretary of Energy, as appropriate,
    determines has resulted or will probably result in substantial
    damages to persons offsite or property offsite. Any determination
    by the Nuclear Regulatory Commission or the Secretary of Energy, as
    appropriate, that such an event has, or has not, occurred shall be
    final and conclusive, and no other official or any court shall have
    power or jurisdiction to review any such determination. The Nuclear
    Regulatory Commission or the Secretary of Energy, as appropriate,
    shall establish criteria in writing setting forth the basis upon
    which such determination shall be made. As used in this subsection,
    "offsite" means away from "the location" or "the contract location"
    as defined in the applicable Nuclear Regulatory Commission or the
    Secretary of Energy, as appropriate, indemnity agreement, entered
    into pursuant to section 2210 of this title.
      (k) The term "financial protection" means the ability to respond
    in damages for public liability and to meet the costs of
    investigating and defending claims and settling suits for such
    damages.
      (l) The term "Government agency" means any executive department,
    commission, independent establishment, corporation, wholly or
    partly owned by the United States of America which is an
    instrumentality of the United States, or any board, bureau,
    division, service, office, officer, authority, administration, or
    other establishment in the executive branch of the Government.
      (m) The term "indemnitor" means (1) any insurer with respect to
    his obligations under a policy of insurance furnished as proof of
    financial protection; (2) any licensee, contractor or other person
    who is obligated under any other form of financial protection, with
    respect to such obligations; and (3) the Nuclear Regulatory
    Commission or the Secretary of Energy, as appropriate, with respect
    to any obligation undertaken by it in indemnity agreement entered
    into pursuant to section 2210 of this title.
      (n) The term "international arrangement" means any international
    agreement hereafter approved by the Congress or any treaty during
    the time such agreement or treaty is in full force and effect, but
    does not include any agreement for cooperation.
      (o) The term "Energy Committees" means the Committee on Energy
    and Natural Resources of the Senate and the Committee on Energy and
    Commerce of the House of Representatives.
      (p) The term "licensed activity" means an activity licensed
    pursuant to this chapter and covered by the provisions of section
    2210(a) of this title.
      (q) The term "nuclear incident" means any occurrence, including
    an extraordinary nuclear occurrence, within the United States
    causing, within or outside the United States, bodily injury,
    sickness, disease, or death, or loss of or damage to property, or
    loss of use of property, arising out of or resulting from the
    radioactive, toxic, explosive, or other hazardous properties of
    source, special nuclear, or byproduct material: Provided, however,
    That as the term is used in section 2210(l) of this title, it shall
    include any such occurrence outside the United States: And provided
    further, That as the term is used in section 2210(d) of this title,
    it shall include any such occurrence outside the United States if
    such occurrence involves source, special nuclear, or byproduct
    material owned by, and used by or under contract with, the United
    States: And provided further, That as the term is used in section
    2210(c) of this title, it shall include any such occurrence outside
    both the United States and any other nation if such occurrence
    arises out of or results from the radioactive, toxic, explosive, or
    other hazardous properties of source, special nuclear, or byproduct
    material licensed pursuant to subchapters V, VI, VII, and IX of
    this division, which is used in connection with the operation of a
    licensed stationary production or utilization facility or which
    moves outside the territorial limits of the United States in
    transit from one person licensed by the Nuclear Regulatory
    Commission to another person licensed by the Nuclear Regulatory
    Commission.
      (r) The term "operator" means any individual who manipulates the
    controls of a utilization or production facility.
      (s) The term "person" means (1) any individual, corporation,
    partnership, firm, association, trust, estate, public or private
    institution, group, Government agency other than the Commission,
    any State or any political subdivision of, or any political entity
    within a State, any foreign government or nation or any political
    subdivision of any such government or nation, or other entity; and
    (2) any legal successor, representative, agent, or agency of the
    foregoing.
      (t) The term "person indemnified" means (1) with respect to a
    nuclear incident occurring within the United States or outside the
    United States as the term is used in section 2210(c) of this title,
    and with respect to any nuclear incident in connection with the
    design, development, construction, operation, repair, maintenance,
    or use of the nuclear ship Savannah, the person with whom an
    indemnity agreement is executed or who is required to maintain
    financial protection, and any other person who may be liable for
    public liability or (2) with respect to any other nuclear incident
    occurring outside the United States, the person with whom an
    indemnity agreement is executed and any other person who may be
    liable for public liability by reason of his activities under any
    contract with the Secretary of Energy or any project to which
    indemnification under the provisions of section 2210(d) of this
    title has been extended or under any subcontract, purchase order,
    or other agreement, of any tier, under any such contract or
    project.
      (u) The term "produce", when used in relation to special nuclear
    material, means (1) to manufacture, make, produce, or refine
    special nuclear material; (2) to separate special nuclear material
    from other substances in which such material may be contained; or
    (3) to make or to produce new special nuclear material.
      (v) The term "production facility" means (1) any equipment or
    device determined by rule of the Commission to be capable of the
    production of special nuclear material in such quantity as to be of
    significance to the common defense and security, or in such manner
    as to affect the health and safety of the public; or (2) any
    important component part especially designed for such equipment or
    device as determined by the Commission. Except with respect to the
    export of a uranium enrichment production facility, such term as
    used in subchapters IX and XV of this division shall not include
    any equipment or device (or important component part especially
    designed for such equipment or device) capable of separating the
    isotopes of uranium or enriching uranium in the isotope 235.
      (w) The term "public liability" means any legal liability arising
    out of or resulting from a nuclear incident or precautionary
    evacuation (including all reasonable additional costs incurred by a
    State, or a political subdivision of a State, in the course of
    responding to a nuclear incident or a precautionary evacuation),
    except: (i) claims under State or Federal workmen's compensation
    acts of employees of persons indemnified who are employed at the
    site of and in connection with the activity where the nuclear
    incident occurs; (ii) claims arising out of an act of war; and
    (iii) whenever used in subsections (a), (c), and (k) of section
    2210 of this title, claims for loss of, or damage to, or loss of
    use of property which is located at the site of and used in
    connection with the licensed activity where the nuclear incident
    occurs. "Public liability" also includes damage to property of
    persons indemnified: Provided, That such property is covered under
    the terms of the financial protection required, except property
    which is located at the site of and used in connection with the
    activity where the nuclear incident occurs.
      (x) The term "research and development" means (1) theoretical
    analysis, exploration, or experimentation; or (2) the extension of
    investigative findings and theories of a scientific or technical
    nature into practical application for experimental and
    demonstration purposes, including the experimental production and
    testing of models, devices, equipment, materials, and processes.
      (y) The term "Restricted Data" means all data concerning (1)
    design, manufacture, or utilization of atomic weapons; (2) the
    production of special nuclear material; or (3) the use of special
    nuclear material in the production of energy, but shall not include
    data declassified or removed from the Restricted Data category
    pursuant to section 2162 of this title.
      (z) The term "source material" means (1) uranium, thorium, or any
    other material which is determined by the Commission pursuant to
    the provisions of section 2091 of this title to be source material;
    or (2) ores containing one or more of the foregoing materials, in
    such concentration as the Commission may by regulation determine
    from time to time.
      (aa) The term "special nuclear material" means (1) plutonium,
    uranium enriched in the isotope 233 or in the isotope 235, and any
    other material which the Commission, pursuant to the provisions of
    section 2071 of this title, determines to be special nuclear
    material, but does not include source material; or (2) any material
    artificially enriched by any of the foregoing, but does not include
    source material.
      (bb) The term "United States" when used in a geographical sense
    includes all territories and possessions of the United States, the
    Canal Zone and Puerto Rico.
      (cc) The term "utilization facility" means (1) any equipment or
    device, except an atomic weapon, determined by rule of the
    Commission to be capable of making use of special nuclear material
    in such quantity as to be of significance to the common defense and
    security, or in such manner as to affect the health and safety of
    the public, or peculiarly adapted for making use of atomic energy
    in such quantity as to be of significance to the common defense and
    security, or in such manner as to affect the health and safety of
    the public; or (2) any important component part especially designed
    for such equipment or device as determined by the Commission.
      (dd) The terms "high-level radioactive waste" and "spent nuclear
    fuel" have the meanings given such terms in section 10101 of this
    title.
      (ee) The term "transuranic waste" means material contaminated
    with elements that have an atomic number greater than 92, including
    neptunium, plutonium, americium, and curium, and that are in
    concentrations greater than 10 nanocuries per gram, or in such
    other concentrations as the Nuclear Regulatory Commission may
    prescribe to protect the public health and safety.
      (ff) The term "nuclear waste activities", as used in section 2210
    of this title, means activities subject to an agreement of
    indemnification under subsection (d) of such section, that the
    Secretary of Energy is authorized to undertake, under this chapter
    or any other law, involving the storage, handling, transportation,
    treatment, or disposal of, or research and development on, spent
    nuclear fuel, high-level radioactive waste, or transuranic waste,
    including (but not limited to) activities authorized to be carried
    out under the Waste Isolation Pilot Project under section 213 of
    Public Law 96-164 (93 Stat. 1265).
      (gg) The term "precautionary evacuation" means an evacuation of
    the public within a specified area near a nuclear facility, or the
    transportation route in the case of an accident involving
    transportation of source material, special nuclear material,
    byproduct material, high-level radioactive waste, spent nuclear
    fuel, or transuranic waste to or from a production or utilization
    facility, if the evacuation is - 
        (1) the result of any event that is not classified as a nuclear
      incident but that poses imminent danger of bodily injury or
      property damage from the radiological properties of source
      material, special nuclear material, byproduct material, high-
      level radioactive waste, spent nuclear fuel, or transuranic
      waste, and causes an evacuation; and
        (2) initiated by an official of a State or a political
      subdivision of a State, who is authorized by State law to
      initiate such an evacuation and who reasonably determined that
      such an evacuation was necessary to protect the public health and
      safety.

      (hh) The term "public liability action", as used in section 2210
    of this title, means any suit asserting public liability. A public
    liability action shall be deemed to be an action arising under
    section 2210 of this title, and the substantive rules for decision
    in such action shall be derived from the law of the State in which
    the nuclear incident involved occurs, unless such law is
    inconsistent with the provisions of such section.
      (jj) (!1) Legal Costs. - As used in section 2210 of this title,
    the term "legal costs" means the costs incurred by a plaintiff or a
    defendant in initiating, prosecuting, investigating, settling, or
    defending claims or suits for damage arising under such section.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 11, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 922; amended Aug. 6, 1956, ch. 1015,
    Sec. 1, 70 Stat. 1069; Pub. L. 85-256, Sec. 3, Sept. 2, 1957, 71
    Stat. 576; Pub. L. 85-602, Sec. 1, Aug. 8, 1958, 72 Stat. 525; Pub.
    L. 87-206, Secs. 2, 3, Sept. 6, 1961, 75 Stat. 476; Pub. L. 87-615,
    Secs. 4, 5, Aug. 29, 1962, 76 Stat. 410; Pub. L. 89-645, Sec. 1(a),
    Oct. 13, 1966, 80 Stat. 891; Pub. L. 94-197, Sec. 1, Dec. 31, 1975,
    89 Stat. 1111; Pub. L. 95-604, title II, Sec. 201, Nov. 8, 1978, 92
    Stat. 3033; Pub. L. 100-408, Secs. 4(b)-5(b), 11(b), (d)(2),
    16(a)(1), (b)(1), (2), (d)(1)-(3), Aug. 20, 1988, 102 Stat. 1069,
    1070, 1076, 1078-1080; Pub. L. 101-575, Sec. 5(a), Nov. 15, 1990,
    104 Stat. 2835; renumbered title I and amended Pub. L. 102-486,
    title IX, Sec. 902(a)(8), title XI, Sec. 1102, Oct. 24, 1992, 106
    Stat. 2944, 2955; Pub. L. 103-437, Sec. 15(f)(1), Nov. 2, 1994, 108
    Stat. 4592; Pub. L. 104-134, title III, Sec. 3116(b)(1), Apr. 26,
    1996, 110 Stat. 1321-349; Pub. L. 109-58, title VI, Sec. 651(e)(1),
    Aug. 8, 2005, 119 Stat. 806.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of Canal Zone, referred to in subsec. (bb), see
    section 3602(b) of Title 22, Foreign Relations and Intercourse.
      Section 213 of Public Law 96-164, referred to in subsec. (ff), is
    Pub. L. 96-164, title II, Sec. 213, Dec. 29, 1979, 93 Stat. 1265,
    which is not classified to the Code.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those comprising this section were
    contained in section 18 of act Aug. 1, 1946, ch. 724, 60 Stat. 774,
    which was classified to section 1818 of this title, prior to the
    general amendment and renumbering of act Aug. 1, 1946, by act Aug.
    30, 1954.

                                AMENDMENTS                            
      2005 - Subsec. (e). Pub. L. 109-58 substituted "means - " for
    "means", realigned margins of pars. (1) and (2), and added pars.
    (3) and (4).
      1996 - Subsec. (v). Pub. L. 104-134, which directed the amendment
    of subsec. (v) by striking out "or the construction and operation
    of a uranium enrichment facility using Atomic Vapor Laser Isotope
    Separation technology", was executed by striking out "or the
    construction and operation of a uranium enrichment production
    facility using Atomic Vapor Laser Isotope Separation technology"
    before ", such term as used", to reflect the probable intent of
    Congress.
      1994 - Subsec. (o). Pub. L. 103-437 substituted " 'Energy
    Committees' means the Committee on Energy and Natural Resources of
    the Senate and the Committee on Energy and Commerce of the House of
    Representatives" for " 'Joint Committee' means the Joint Committee
    on Atomic Energy".
      1992 - Subsec. (v). Pub. L. 102-486 amended last sentence
    generally. Prior to amendment, last sentence read as follows:
    "Except with respect to the export of a uranium enrichment
    production facility, such term as used in subchapters IX and XV of
    this division shall not include any equipment or device (or
    important component part especially designed for such equipment or
    device) capable of separating the isotopes of uranium or enriching
    uranium in the isotope 235."
      1990 - Subsec. (v). Pub. L. 101-575 inserted at end "Except with
    respect to the export of a uranium enrichment production facility,
    such term as used in subchapters IX and XV of this chapter shall
    not include any equipment or device (or important component part
    especially designed for such equipment or device) capable of
    separating the isotopes of uranium or enriching uranium in the
    isotope 235."
      1988 - Subsecs. (j), (m). Pub. L. 100-408, Sec. 16(b)(1),
    substituted "Nuclear Regulatory Commission or the Secretary of
    Energy, as appropriate," for "Commission" wherever appearing.
      Subsec. (q). Pub. L. 100-408, Sec. 16(d)(1), substituted
    "section" for "subsection" in three places, which for purposes of
    codification was translated as "section", thus requiring no change
    in text.
      Pub. L. 100-408, Sec. 16(a)(1), substituted "Nuclear Regulatory
    Commission" for "Commission" wherever appearing.
      Subsec. (t). Pub. L. 100-408, Sec. 16(d)(2), substituted
    "section" for "subsection" in two places, which for purposes of
    codification was translated as "section", thus requiring no change
    in text.
      Pub. L. 100-408, Sec. 16(b)(2), substituted "Secretary of Energy"
    for "Commission" in cl. (2).
      Subsec. (w). Pub. L. 100-408, Sec. 16(d)(3), substituted
    "subsections (a), (c), and (k) of section 2210 of this title" for
    "section 2210(a), (c), and (k) of this title".
      Pub. L. 100-408, Sec. 5(a), inserted "or precautionary evacuation
    (including all reasonable additional costs incurred by a State, or
    a political subdivision of a State, in the course of responding to
    a nuclear incident or a precautionary evacuation)" after first
    reference to "nuclear incident".
      Subsecs. (dd) to (ff). Pub. L. 100-408, Sec. 4(b), added subsecs.
    (dd) to (ff).
      Subsec. (gg). Pub. L. 100-408, Sec. 5(b), added subsec. (gg).
      Subsec. (hh). Pub. L. 100-408, Sec. 11(b), added subsec. (hh).
      Subsec. (jj). Pub. L. 100-408, Sec. 11(d)(2), added subsec. (jj).
      1978 - Subsec. (e). Pub. L. 95-604 designated existing provisions
    as cl. (1) and added cl. (2).
      1975 - Subsec. (q). Pub. L. 94-197 substituted "source, special
    nuclear, or byproduct material" for "facility or device" and
    inserted proviso to include within term as used in section 2210(c)
    of this title any occurrence outside both the United States and any
    other nation.
      Subsec. (t). Pub. L. 94-197 expanded definition to include
    nuclear incidents occurring outside the United States as the term
    is used in section 2210(c) of this title and inserted reference to
    person required to maintain financial protection.
      1966 - Subsec. (j). Pub. L. 89-645, Sec. 1(a)(2), added subsec.
    (j). Former subsec. (j) redesignated (k).
      Subsecs. (k), (l). Pub. L. 89-645, Sec. 1(a)(1), redesignated
    former subsecs. (j) and (k) as (k) and (l), respectively. Former
    subsec. (l) redesignated (n).
      Subsec. (m). Pub. L. 89-645, Sec. 1(a)(3), added subsec. (m).
    Former subsec. (m) redesignated (o).
      Subsecs. (n) to (p). Pub. L. 89-645, Sec. 1(a)(1), redesignated
    former subsecs. (l) to (n) as (n) to (p), respectively. Former
    subsecs. (n) to (p) redesignated (p) to (r), respectively.
      Subsec. (q). Pub. L. 89-645, Sec. 1(a)(1), (4), redesignated
    former subsec. (o) as (q) and inserted ", including an
    extraordinary nuclear occurrence," between "occurrence" and
    "within", respectively. Former subsec. (q) redesignated (s).
      Subsecs. (r) to (cc). Pub. L. 89-645, Sec. 1(a)(1), redesignated
    former subsecs. (p) to (aa) as (r) to (cc), respectively.
      1962 - Subsec. (o). Pub. L. 87-615, Sec. 4, enlarged definition
    of "nuclear incident" to include any occurrence within the United
    States causing any of the listed injuries and damages within or
    outside the United States, provided that as used in section 2210(l)
    of this title, term shall "include" instead of "mean" any such
    occurrence outside the United States, and that as used in section
    2210(d) of this title, the term shall include any such occurrence
    outside the United States if such occurrence involves a facility or
    devise owned by, and used by or under contract with, the United
    States.
      Subsec. (r). Pub. L. 87-615, Sec. 5, limited definition of
    "person indemnified" to nuclear incidents occurring within the
    United States, or in connection with the nuclear ship Savannah, and
    inserted provisions with respect to nuclear incidents occurring
    outside the United States.
      1961 - Subsec. (b). Pub. L. 87-206, Sec. 2, included section
    2121(c) of this title in enumeration.
      Subsec. (u). Pub. L. 87-206, Sec. 3, designated existing
    provisions as cls. (i) and (ii) and added cl. (iii).
      1958 - Subsec. (o). Pub. L. 85-602 inserted proviso defining
    "nuclear incident" as it is used in section 2210(l) of this title.
      1957 - Subsec. (j). Pub. L. 85-256 added subsec. (j). Former
    subsec. (j) redesignated (k).
      Subsecs. (k) to (m). Pub. L. 85-256, redesignated former subsecs.
    (j) to (l) as (k) to (m), respectively. Former subsec. (m)
    redesignated (p).
      Subsec. (n). Pub. L. 85-256 added subsec. (n). Former subsec. (n)
    redesignated (q).
      Subsec. (o). Pub. L. 85-256 added subsec. (o). Former subsec. (o)
    redesignated (s).
      Subsecs. (p), (q). Pub. L. 85-256 redesignated former subsecs.
    (m) and (n) as (p) and (q), respectively. Former subsecs. (p) and
    (q) redesignated (t) and (u), respectively.
      Subsec. (r). Pub. L. 85-256 added subsec. (r). Former subsec. (r)
    redesignated (w).
      Subsecs. (s), (t). Pub. L. 85-256 redesignated former subsecs.
    (o) and (p) as (s) and (t), respectively. Former subsecs. (s) and
    (t) redesignated (x) and (y), respectively.
      Subsec. (u). Pub. L. 85-256 added subsec. (u). Former subsec. (u)
    redesignated (z).
      Subsecs. (v) to (aa). Pub. L. 85-256 redesignated former subsecs.
    (q) to (v) as (v) to (aa), respectively.
      1956 - Subsec. (u). Act Aug. 6, 1956, substituted "the Canal Zone
    and Puerto Rico" for "and the Canal Zone".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Energy and Commerce of House of Representatives
    treated as referring to Committee on Commerce of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress. Committee on
    Commerce of House of Representatives changed to Committee on Energy
    and Commerce of House of Representatives, and jurisdiction over
    matters relating to securities and exchanges and insurance
    generally transferred to Committee on Financial Services of House
    of Representatives by House Resolution No. 5, One Hundred Seventh
    Congress, Jan. 3, 2001.

-MISC2-
                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 20 of Pub. L. 100-408 provided that:
      "(a) Except as provided in subsection (b), the amendments made by
    this Act [enacting section 2282a of this title and amending this
    section and sections 2210 and 2273 of this title] shall become
    effective on the date of the enactment of this Act [Aug. 20, 1988]
    and shall be applicable with respect to nuclear incidents occurring
    on or after such date.
      "(b)(1) The amendments made by section 11 [amending this section
    and section 2210 of this title] shall apply to nuclear incidents
    occurring before, on, or after the date of the enactment of this
    Act.
      "(2)(A) Section 234A of the Atomic Energy Act of 1954 [section
    2282a of this title] shall not apply to any violation occurring
    before the date of the enactment of this Act.
      "(B) Section 223 c. of the Atomic Energy Act of 1954 [section
    2273(c) of this title] shall not apply to any violation occurring
    before the date of enactment of this Act."

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 208 of Pub. L. 95-604 provided that: "Except as otherwise
    provided in this title [see section 202(b) of Pub. L. 95-604, set
    out as an Effective Date note under section 2113 of this title] the
    amendments made by this title [enacting sections 2022 and 2114 of
    this title, amending this section and sections 2021, 2111, and 2201
    of this title, and enacting provisions set out as notes under
    sections 2021 and 2113 of this title] shall take effect on the date
    of the enactment of this Act [Nov. 8, 1978]."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

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

-End-

-CITE-
    42 USC Sec. 2015                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2015. Transfer of property

-STATUTE-
      Nothing in this chapter shall be deemed to repeal, modify, amend,
    or alter the provisions of section 9(a) of the Atomic Energy Act of
    1946, as heretofore amended.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 241, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 960; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 9(a) of the Atomic Energy Act of 1946, as heretofore
    amended, referred to in text, which was formerly classified to
    section 1809(a) of this title, provided that: "The President shall
    direct the transfer to the Commission of all interests owned by the
    United States or any Government agency in the following property:
      "(1) All fissionable material; all atomic weapons and parts
    thereof; all facilities, equipment, and materials for the
    processing, production, or utilization of fissionable material or
    atomic energy; all processes and technical information of any kind,
    and the source thereof (including data, drawings, specifications,
    patents, patent applications, and other sources (relating to the
    processing, production, or utilization of fissionable material or
    atomic energy; and all contracts, agreements, leases, patents,
    applications for patents, inventions and discoveries (whether
    patented or unpatented), and other rights of any kind concerning
    any such items;
      "(2) All facilities, equipment, and materials, devoted primarily
    to atomic energy research and development; and
      "(3) Such other property owned by or in the custody or control of
    the Manhattan Engineer District or other Government agencies as the
    President may determine."

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those comprising this section were
    contained in section 9 of act Aug. 1, 1946, ch. 724, 60 Stat. 765,
    which was classified to section 1809 of this title, prior to the
    complete amendment and renumbering of act Aug. 1, 1946, by act Aug.
    30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2015a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2015a. Cold standby

-STATUTE-
      The Secretary is authorized to expend such funds as may be
    necessary for the purposes of maintaining enrichment capability at
    the Portsmouth, Ohio, facility.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 242, as added Pub. L. 107-
    222, Sec. 1(d)(1), Aug. 21, 2002, 116 Stat. 1336.)

-End-

-CITE-
    42 USC Sec. 2015b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2015b. Scholarship and fellowship program

-STATUTE-
    (a) Scholarship program
      To enable students to study, for at least 1 academic semester or
    equivalent term, science, engineering, or another field of study
    that the Commission determines is in a critical skill area related
    to the regulatory mission of the Commission, the Commission may
    carry out a program to - 
        (1) (!1) award scholarships to undergraduate students who - 

          (A) are United States citizens; and
          (B) enter into an agreement under subsection (c) of this
        section to be employed by the Commission in the area of study
        for which the scholarship is awarded.
    (b) Fellowship program
      To enable students to pursue education in science, engineering,
    or another field of study that the Commission determines is in a
    critical skill area related to its regulatory mission, in a
    graduate or professional degree program offered by an institution
    of higher education in the United States, the Commission may carry
    out a program to - 
        (1) (!1) award fellowships to graduate students who - 
          (A) are United States citizens; and
          (B) enter into an agreement under subsection (c) of this
        section to be employed by the Commission in the area of study
        for which the fellowship is awarded.
    (c) Requirements
      (1) In general
        As a condition of receiving a scholarship or fellowship under
      subsection (a) or (b) of this section, a recipient of the
      scholarship or fellowship shall enter into an agreement with the
      Commission under which, in return for the assistance, the
      recipient shall - 
          (A) maintain satisfactory academic progress in the studies of
        the recipient, as determined by criteria established by the
        Commission;
          (B) agree that failure to maintain satisfactory academic
        progress shall constitute grounds on which the Commission may
        terminate the assistance;
          (C) on completion of the academic course of study in
        connection with which the assistance was provided, and in
        accordance with criteria established by the Commission, engage
        in employment by the Commission for a period specified by the
        Commission, that shall be not less than 1 time and not more
        than 3 times the period for which the assistance was provided;
        and
          (D) if the recipient fails to meet the requirements of
        subparagraph (A), (B), or (C), reimburse the United States
        Government for - 
            (i) the entire amount of the assistance provided the
          recipient under the scholarship or fellowship; and
            (ii) interest at a rate determined by the Commission.
      (2) Waiver or suspension
        The Commission may establish criteria for the partial or total
      waiver or suspension of any obligation of service or payment
      incurred by a recipient of a scholarship or fellowship under this
      section.
    (d) Competitive process
      Recipients of scholarships or fellowships under this section
    shall be selected through a competitive process primarily on the
    basis of academic merit and such other criteria as the Commission
    may establish, with consideration given to financial need and the
    goal of promoting the participation of individuals identified in
    section 1885a or 1885b of this title.
    (e) Direct appointment
      The Commission may appoint directly, with no further competition,
    public notice, or consideration of any other potential candidate,
    an individual who has - 
        (1) received a scholarship or fellowship awarded by the
      Commission under this section; and
        (2) completed the academic program for which the scholarship or
      fellowship was awarded.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 243, as added Pub. L. 109-58,
    title VI, Sec. 622(a), Aug. 8, 2005, 119 Stat. 782.)

-FOOTNOTE-
    (!1) So in original. No par. (2) has been enacted.

-End-

-CITE-
    42 USC Sec. 2015c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2015c. Partnership program with institutions of higher
      education

-STATUTE-
    (a) Definitions
      In this section:
      (1) Hispanic-serving institution
        The term "Hispanic-serving institution" has the meaning given
      the term in section 1101a(a) of title 20.
      (2) Historically Black college and university
        The term "historically Black college or university" has the
      meaning given the term "part B institution" in section 1061 of
      title 20.
      (3) Tribal college
        The term "Tribal college" has the meaning given the term
      "tribally controlled college or university" in section 1801(a) of
      title 25.
    (b) Partnership program
      The Commission may establish and participate in activities
    relating to research, mentoring, instruction, and training with
    institutions of higher education, including Hispanic-serving
    institutions, historically Black colleges or universities, and
    Tribal colleges, to strengthen the capacity of the institutions - 
        (1) to educate and train students (including present or
      potential employees of the Commission); and
        (2) to conduct research in the field of science, engineering,
      or law, or any other field that the Commission determines is
      important to the work of the Commission.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 244, as added Pub. L. 109-58,
    title VI, Sec. 651(c)(4)(A), Aug. 8, 2005, 119 Stat. 802.)

-End-

-CITE-
    42 USC Sec. 2016                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2016. Repealed. Pub. L. 105-85, div. C, title XXXI, Sec.
      3152(a)(1), Nov. 18, 1997, 111 Stat. 2042

-MISC1-
      Section, act Aug. 1, 1946, ch. 724, title I, Sec. 251, as added
    Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 960; amended June 11,
    1959, Pub. L. 86-43, 73 Stat. 73; renumbered title I, Oct. 24,
    1992, Pub. L. 102-486, title IX, Sec. 902(a)(8), 106 Stat. 2944,
    required Commission to submit to Congress annual report on its
    activities.

-End-

-CITE-
    42 USC Sec. 2017                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2017. Authorization of appropriations

-STATUTE-
    (a) Congressional authorization
      No appropriation shall be made to the Commission, nor shall the
    Commission waive charges for the use of materials under the
    Cooperative Power Reactor Demonstration Program, unless previously
    authorized by legislation enacted by the Congress.
    (b) Accounting
      Any Act appropriating funds to the Commission may appropriate
    specified portions thereof to be accounted for upon the
    certification of the Commission only.
    (c) Restoration or replacement of facilities
      Notwithstanding the provisions of subsection (a) of this section,
    funds are hereby authorized to be appropriated for the restoration
    or replacement of any plant or facility destroyed or otherwise
    seriously damaged, and the Commission is authorized to use
    available funds for such purposes.
    (d) Substituted construction projects
      Funds authorized to be appropriated for any construction project
    to be used in connection with the development or production of
    special nuclear material or atomic weapons may be used to start
    another construction project not otherwise authorized if the
    substituted construction project is within the limit of cost of the
    construction project for which substitution is to be made, and the
    Commission certifies that - 
        (1) the substituted project is essential to the common defense
      and security;
        (2) the substituted project is required by changes in weapon
      characteristics or weapon logistic operations; and
        (3) the Commission is unable to enter into a contract with any
      person on terms satisfactory to it to furnish from a privately
      owned plant or facility the product or services to be provided by
      the new project.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 261, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 960; amended Pub. L. 85-79, Sec. 1, July
    3, 1957, 71 Stat. 274; Pub. L. 87-615, Sec. 8, Aug. 29, 1962, 76
    Stat. 411; Pub. L. 88-72, Sec. 107, July 22, 1963, 77 Stat. 88;
    renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.
    24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those comprising this section were
    contained in section 19 of act Aug. 1, 1946, ch. 724, 60 Stat. 775,
    which was classified to section 1819 of this title, prior to the
    general amendment and renumbering of act Aug. 1, 1946, by act Aug.
    30, 1954.

                                AMENDMENTS                            
      1963 - Subsec. (a). Pub. L. 88-72 required legislative
    authorization of appropriations to the Commission and waiver of
    charges for use of materials under the Cooperative Power Reactor
    Demonstration Program. Former provisions of subsec. (a) authorized
    appropriations necessary and appropriate to carry out the
    provisions and purposes of this chapter, excepting in par. (1) sums
    necessary for acquisition of real property or facility acquisition,
    construction or expansion (and deeming under certain conditions a
    nonmilitary experimental reactor to be a facility) and in par. (2)
    sums necessary to carry out cooperative programs for development
    and construction of reactors for demonstration of their use in
    production of electrical power or process heat, or for propulsion,
    or for commercial provision of byproduct material, irradiation or
    other special service, for civilian use, by arrangements providing
    for payment of funds, rendering of services and undertaking of
    research and development without full reimbursement, the waiver of
    charges accompanying such arrangement or the provision of other
    financial assistance pursuant to such arrangement or the
    acquisition of real property or facility acquisition, construction
    or expansion undertaken by the Commission as part of such
    arrangement.
      Subsec. (b). Pub. L. 88-72 substituted "Any act appropriating
    funds to the Commission" for "The acts appropriating such sums."
      Subsec. (c). Pub. L. 88-72 struck out authorization of funds
    provision for advance planning, construction design and
    architectural services in connection with any plant or facility and
    inserted "Notwithstanding" phrase.
      Subsec. (d). Pub. L. 88-72 struck out "hereafter" after "Funds"
    and inserted "construction" before "project" wherever appearing.
      1962 - Subsecs. (c), (d). Pub. L. 87-615 added subsecs. (c) and
    (d).
      1957 - Pub. L. 85-79 designated first sentence as introductory
    clause of subsec. (a) and as (a)(1), inserted proviso to (a)(1),
    added (a)(2), by designating second sentence as subsec. (b), and
    struck out former sentence which provided that "Funds appropriated
    to the Commission shall, if obligated by contract during the fiscal
    year for which appropriated, remain available for expenditure for
    four years following the expiration of the fiscal year for which
    appropriated.".

                     EFFECTIVE DATE OF 1963 AMENDMENT                 
      Section 107 of Pub. L. 88-72 provided that the amendment made by
    that section is effective Jan. 1, 1964.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2017a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2017a. Omitted

-COD-
                               CODIFICATION                           
      Section, act Sept. 26, 1962, Pub. L. 87-701, Sec. 103, 76 Stat.
    601, which authorized appropriations for the Atomic Energy
    Commission for advance planning, construction design, and
    architectural services in connection with certain projects, was
    from an Act authorizing appropriations for the Atomic Energy
    Commission, and was not enacted as part of the Atomic Energy Act of
    1954 which comprises this chapter. See section 2017a-1 of this
    title.
      Similar provisions were contained in the following prior
    appropriation authorization acts:
      Sept. 26, 1961, Pub. L. 87-315, Sec. 103, 75 Stat. 678.
      May 13, 1960, Pub. L. 86-457, Sec. 103, 74 Stat. 121.
      June 23, 1959, Pub. L. 86-50, Sec. 103, 73 Stat. 83.
      Aug. 4, 1958, Pub. L. 85-590, Sec. 103, 72 Stat. 493.
      Aug. 21, 1957, Pub. L. 85-162, title I, Sec. 103, 71 Stat. 406.
      May 3, 1956, ch. 233, Sec. 103, 70 Stat. 129.
      July 11, 1955, ch. 304, Sec. 103, 69 Stat. 293.

-End-

-CITE-
    42 USC Sec. 2017a-1                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2017a-1. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 95-39, title III, Sec. 304, June 3, 1977, 91
    Stat. 189, which authorized the Administrator of the Energy
    Research and Development Administration to perform construction
    design services for any Administration construction project
    whenever the Administrator made certain determinations, was from an
    Act authorizing appropriations for fiscal year 1977 to the Energy
    Research and Development Administration, and was not enacted as
    part of the Atomic Energy Act of 1954 which comprises this chapter.
    See section 5821(g) of this title.
      Similar provisions were contained in the following prior
    appropriation authorization acts:
      Pub. L. 94-187, title III, Sec. 301, Dec. 31, 1975, 89 Stat.
    1073.
      Pub. L. 93-276, title I, Sec. 103, May 10, 1974, 88 Stat. 118.
      Pub. L. 93-60, Sec. 103, July 6, 1973, 87 Stat. 144.
      Pub. L. 92-314, title I, Sec. 103, June 16, 1972, 86 Stat. 225.
      Pub. L. 92-84, title I, Sec. 103, Aug. 11, 1971, 85 Stat. 306.
      Pub. L. 91-273, Sec. 103, June 2, 1970, 84 Stat. 300.
      Pub. L. 91-44, Sec. 103, July 11, 1969, 83 Stat. 47.
      Pub. L. 90-289, Sec. 103, Apr. 19, 1968, 82 Stat. 97.
      Pub. L. 90-56, Sec. 103, July 26, 1967, 81 Stat. 125.
      Pub. L. 89-428, Sec. 103, May 21, 1966, 80 Stat. 163.
      Pub. L. 89-32, Sec. 103, June 2, 1965, 79 Stat. 122.
      Pub. L. 88-332, Sec. 104, June 30, 1964, 78 Stat. 229.

-End-

-CITE-
    42 USC Sec. 2017b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2017b. Omitted

-COD-
                               CODIFICATION                           
      Section, act Sept. 26, 1962, Pub. L. 87-701, Sec. 104, 76 Stat.
    601, which authorized appropriations for the Atomic Energy
    Commission for restoration or replacement of facilities, was from
    an Act authorizing appropriations for the Atomic Energy Commission,
    and was not enacted as part of the Atomic Energy Act of 1954 which
    comprises this chapter. See section 2017(c) of this title.
      Similar provisions were contained in the following prior
    appropriation authorization acts:
      Sept. 26, 1961, Pub. L. 87-315, Sec. 104, 75 Stat. 678.
      May 13, 1960, Pub. L. 86-457, Sec. 104, 74 Stat. 122.
      June 23, 1959, Pub. L. 86-50, Sec. 104, 73 Stat. 83.
      Aug. 4, 1958, Pub. L. 85-590, 72 Stat. 493.
      Aug. 21, 1957, Pub. L. 85-162, title I, Sec. 104, 71 Stat. 406.
      May 3, 1956, ch. 233, Sec. 104, 70 Stat. 129.
      July 11, 1955, ch. 304, Sec. 104, 69 Stat. 293.

-End-

-CITE-
    42 USC Sec. 2018                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2018. Agency jurisdiction

-STATUTE-
      Nothing in this chapter shall be construed to affect the
    authority or regulations of any Federal, State, or local agency
    with respect to the generation, sale, or transmission of electric
    power produced through the use of nuclear facilities licensed by
    the Commission: Provided, That this section shall not be deemed to
    confer upon any Federal, State, or local agency any authority to
    regulate, control, or restrict any activities of the Commission.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 271, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 960; amended Pub. L. 89-135, Aug. 24,
    1965, 79 Stat. 551; renumbered title I, Pub. L. 102-486, title IX,
    Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1965 - Pub. L. 89-135 inserted "produced through the use of
    nuclear facilities licensed by the Commission: Provided, That this
    section shall not be deemed to confer upon any Federal, State, or
    local agency any authority to regulate, control, or restrict any
    activities of the Commission."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2019                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2019. Applicability of Federal Power Act

-STATUTE-
      Every licensee under this chapter who holds a license from the
    Commission for a utilization or production facility for the
    generation of commercial electric energy under section 2133 of this
    title and who transmits such electric energy in interstate commerce
    or sells it at wholesale in interstate commerce shall be subject to
    the regulatory provisions of the Federal Power Act [16 U.S.C. 791a
    et seq.].

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 272, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 960; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Power Act, referred to in text, is act June 10, 1920,
    ch. 285, 41 Stat. 1063, as amended, which is classified generally
    to chapter 12 (Sec. 791a et seq.) of Title 16, Conservation. For
    complete classification of this Act to the Code, see section 791a
    of Title 16 and Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2020                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2020. Licensing of Government agencies

-STATUTE-
      Nothing in this chapter shall preclude any Government agency now
    or hereafter authorized by law to engage in the production,
    marketing, or distribution of electric energy from obtaining a
    license under section 2133 of this title, if qualified under the
    provisions of said section, for the construction and operation of
    production or utilization facilities for the primary purpose of
    producing electric energy for disposition for ultimate public
    consumption.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 273, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 960; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2021                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2021. Cooperation with States

-STATUTE-
    (a) Purpose
      It is the purpose of this section - 
        (1) to recognize the interests of the States in the peaceful
      uses of atomic energy, and to clarify the respective
      responsibilities under this chapter of the States and the
      Commission with respect to the regulation of byproduct, source,
      and special nuclear materials;
        (2) to recognize the need, and establish programs for,
      cooperation between the States and the Commission with respect to
      control of radiation hazards associated with use of such
      materials;
        (3) to promote an orderly regulatory pattern between the
      Commission and State governments with respect to nuclear
      development and use and regulation of byproduct, source, and
      special nuclear materials;
        (4) to establish procedures and criteria for discontinuance of
      certain of the Commission's regulatory responsibilities with
      respect to byproduct, source, and special nuclear materials, and
      the assumption thereof by the States;
        (5) to provide for coordination of the development of radiation
      standards for the guidance of Federal agencies and cooperation
      with the States; and
        (6) to recognize that, as the States improve their capabilities
      to regulate effectively such materials, additional legislation
      may be desirable.
    (b) Agreements with States
      Except as provided in subsection (c) of this section, the
    Commission is authorized to enter into agreements with the Governor
    of any State providing for discontinuance of the regulatory
    authority of the Commission under subchapters V, VI, and VII of
    this division, and section 2201 of this title, with respect to any
    one or more of the following materials within the State:
        (1) Byproduct materials (as defined in section 2014(e) of this
      title).
        (2) Source materials.
        (3) Special nuclear materials in quantities not sufficient to
      form a critical mass.

    During the duration of such an agreement it is recognized that the
    State shall have authority to regulate the materials covered by the
    agreement for the protection of the public health and safety from
    radiation hazards.
    (c) Commission regulation of certain activities
      No agreement entered into pursuant to subsection (b) of this
    section shall provide for discontinuance of any authority and the
    Commission shall retain authority and responsibility with respect
    to regulation of - 
        (1) the construction and operation of any production or
      utilization facility or any uranium enrichment facility;
        (2) the export from or import into the United States of
      byproduct, source, or special nuclear material, or of any
      production or utilization facility;
        (3) the disposal into the ocean or sea of byproduct, source, or
      special nuclear waste materials as defined in regulations or
      orders of the Commission;
        (4) the disposal of such other byproduct, source, or special
      nuclear material as the Commission determines by regulation or
      order should, because of the hazards or potential hazards
      thereof, not be so disposed of without a license from the
      Commission.

    The Commission shall also retain authority under any such agreement
    to make a determination that all applicable standards and
    requirements have been met prior to termination of a license for
    byproduct material, as defined in section 2014(e)(2) of this title.
    Notwithstanding any agreement between the Commission and any State
    pursuant to subsection (b) of this section, the Commission is
    authorized by rule, regulation, or order to require that the
    manufacturer, processor, or producer of any equipment, device,
    commodity, or other product containing source, byproduct, or
    special nuclear material shall not transfer possession or control
    of such product except pursuant to a license issued by the
    Commission.
    (d) Conditions
      The Commission shall enter into an agreement under subsection (b)
    of this section with any State if - 
        (1) The Governor of that State certifies that the State has a
      program for the control of radiation hazards adequate to protect
      the public health and safety with respect to the materials within
      the State covered by the proposed agreement, and that the State
      desires to assume regulatory responsibility for such materials;
      and
        (2) the Commission finds that the State program is in
      accordance with the requirements of subsection (o) of this
      section and in all other respects compatible with the
      Commission's program for the regulation of such materials, and
      that the State program is adequate to protect the public health
      and safety with respect to the materials covered by the proposed
      agreement.
    (e) Publication in Federal Register; comment of interested persons
      (1) Before any agreement under subsection (b) of this section is
    signed by the Commission, the terms of the proposed agreement and
    of proposed exemptions pursuant to subsection (f) of this section
    shall be published once each week for four consecutive weeks in the
    Federal Register; and such opportunity for comment by interested
    persons on the proposed agreement and exemptions shall be allowed
    as the Commission determines by regulation or order to be
    appropriate.
      (2) Each proposed agreement shall include the proposed effective
    date of such proposed agreement or exemptions. The agreement and
    exemptions shall be published in the Federal Register within thirty
    days after signature by the Commission and the Governor.
    (f) Exemptions
      The Commission is authorized and directed, by regulation or
    order, to grant such exemptions from the licensing requirements
    contained in subchapters V, VI, and VII of this division, and from
    its regulations applicable to licensees as the Commission finds
    necessary or appropriate to carry out any agreement entered into
    pursuant to subsection (b) of this section.
    (g) Compatible radiation standards
      The Commission is authorized and directed to cooperate with the
    States in the formulation of standards for protection against
    hazards of radiation to assure that State and Commission programs
    for protection against hazards of radiation will be coordinated and
    compatible.
    (h) Consultative, advisory, and miscellaneous functions of
      Administrator of Environmental Protection Agency
      The Administrator of the Environmental Protection Agency shall
    consult qualified scientists and experts in radiation matters,
    including the President of the National Academy of Sciences, the
    Chairman of the National Committee on Radiation Protection and
    Measurement, and qualified experts in the field of biology and
    medicine and in the field of health physics. The Special Assistant
    to the President for Science and Technology, or his designee, is
    authorized to attend meetings with, participate in the
    deliberations of, and to advise the Administrator. The
    Administrator shall advise the President with respect to radiation
    matters, directly or indirectly affecting health, including
    guidance for all Federal agencies in the formulation of radiation
    standards and in the establishment and execution of programs of
    cooperation with States. The Administrator shall also perform such
    other functions as the President may assign to him by Executive
    order.
    (i) Inspections and other functions; training and other assistance
      The Commission in carrying out its licensing and regulatory
    responsibilities under this chapter is authorized to enter into
    agreements with any State, or group of States, to perform
    inspections or other functions on a cooperative basis as the
    Commission deems appropriate. The Commission is also authorized to
    provide training, with or without charge, to employees of, and such
    other assistance to, any State or political subdivision thereof or
    group of States as the Commission deems appropriate. Any such
    provision or assistance by the Commission shall take into account
    the additional expenses that may be incurred by a State as a
    consequence of the State's entering into an agreement with the
    Commission pursuant to subsection (b) of this section.
    (j) Reserve power to terminate or suspend agreements; emergency
      situations; State nonaction on causes of danger; authority
      exercisable only during emergency and commensurate with danger
      (1) The Commission, upon its own initiative after reasonable
    notice and opportunity for hearing to the State with which an
    agreement under subsection (b) of this section has become
    effective, or upon request of the Governor of such State, may
    terminate or suspend all or part of its agreement with the State
    and reassert the licensing and regulatory authority vested in it
    under this chapter, if the Commission finds that (1) such
    termination or suspension is required to protect the public health
    and safety, or (2) the State has not complied with one or more of
    the requirements of this section. The Commission shall periodically
    review such agreements and actions taken by the States under the
    agreements to ensure compliance with the provisions of this
    section.
      (2) The Commission, upon its own motion or upon request of the
    Governor of any State, may, after notifying the Governor,
    temporarily suspend all or part of its agreement with the State
    without notice or hearing if, in the judgment of the Commission:
        (A) an emergency situation exists with respect to any material
      covered by such an agreement creating danger which requires
      immediate action to protect the health or safety of persons
      either within or outside the State, and
        (B) the State has failed to take steps necessary to contain or
      eliminate the cause of the danger within a reasonable time after
      the situation arose.

    A temporary suspension under this paragraph shall remain in effect
    only for such time as the emergency situation exists and shall
    authorize the Commission to exercise its authority only to the
    extent necessary to contain or eliminate the danger.
    (k) State regulation of activities for certain purposes
      Nothing in this section shall be construed to affect the
    authority of any State or local agency to regulate activities for
    purposes other than protection against radiation hazards.
    (l) Commission regulated activities; notice of filing; hearing
      With respect to each application for Commission license
    authorizing an activity as to which the Commission's authority is
    continued pursuant to subsection (c) of this section, the
    Commission shall give prompt notice to the State or States in which
    the activity will be conducted of the filing of the license
    application; and shall afford reasonable opportunity for State
    representatives to offer evidence, interrogate witnesses, and
    advise the Commission as to the application without requiring such
    representatives to take a position for or against the granting of
    the application.
    (m) Limitation of agreements and exemptions
      No agreement entered into under subsection (b) of this section,
    and no exemption granted pursuant to subsection (f) of this
    section, shall affect the authority of the Commission under section
    2201(b) or (i) of this title to issue rules, regulations, or orders
    to protect the common defense and security, to protect restricted
    data or to guard against the loss or diversion of special nuclear
    material. For purposes of section 2201(i) of this title, activities
    covered by exemptions granted pursuant to subsection (f) of this
    section shall be deemed to constitute activities authorized
    pursuant to this chapter; and special nuclear material acquired by
    any person pursuant to such an exemption shall be deemed to have
    been acquired pursuant to section 2073 of this title.
    (n) "State" and "agreement" defined
      As used in this section, the term "State" means any State,
    Territory, or possession of the United States, the Canal Zone,
    Puerto Rico, and the District of Columbia. As used in this section,
    the term "agreement" includes any amendment to any agreement.
    (o) State compliance requirements: compliance with section 2113(b)
      of this title and health and environmental protection standards;
      procedures for licenses, rulemaking, and license impact analysis;
      amendment of agreements for transfer of State collected funds;
      proceedings duplication restriction; alternative requirements
      In the licensing and regulation of byproduct material, as defined
    in section 2014(e)(2) of this title, or of any activity which
    results in the production of byproduct material as so defined under
    an agreement entered into pursuant to subsection (b) of this
    section, a State shall require - 
        (1) compliance with the requirements of subsection (b) of
      section 2113 of this title (respecting ownership of byproduct
      material and land), and
        (2) compliance with standards which shall be adopted by the
      State for the protection of the public health, safety, and the
      environment from hazards associated with such material which are
      equivalent, to the extent practicable, or more stringent than,
      standards adopted and enforced by the Commission for the same
      purpose, including requirements and standards promulgated by the
      Commission and the Administrator of the Environmental Protection
      Agency pursuant to sections 2113, 2114, and 2022 of this title,
      and
        (3) procedures which - 
          (A) in the case of licenses, provide procedures under State
        law which include - 
            (i) an opportunity, after public notice, for written
          comments and a public hearing, with a transcript,
            (ii) an opportunity for cross examination, and
            (iii) a written determination which is based upon findings
          included in such determination and upon the evidence
          presented during the public comment period and which is
          subject to judicial review;

          (B) in the case of rulemaking, provide an opportunity for
        public participation through written comments or a public
        hearing and provide for judicial review of the rule;
          (C) require for each license which has a significant impact
        on the human environment a written analysis (which shall be
        available to the public before the commencement of any such
        proceedings) of the impact of such license, including any
        activities conducted pursuant thereto, on the environment,
        which analysis shall include - 
            (i) an assessment of the radiological and nonradiological
          impacts to the public health of the activities to be
          conducted pursuant to such license;
            (ii) an assessment of any impact on any waterway and
          groundwater resulting from such activities;
            (iii) consideration of alternatives, including alternative
          sites and engineering methods, to the activities to be
          conducted pursuant to such license; and
            (iv) consideration of the long-term impacts, including
          decommissioning, decontamination, and reclamation impacts,
          associated with activities to be conducted pursuant to such
          license, including the management of any byproduct material,
          as defined by section 2014(e)(2) of this title; and

          (D) prohibit any major construction activity with respect to
        such material prior to complying with the provisions of
        subparagraph (C).

    If any State under such agreement imposes upon any licensee any
    requirement for the payment of funds to such State for the
    reclamation or long-term maintenance and monitoring of such
    material, and if transfer to the United States of such material is
    required in accordance with section 2113(b) of this title, such
    agreement shall be amended by the Commission to provide that such
    State shall transfer to the United States upon termination of the
    license issued to such licensee the total amount collected by such
    State from such licensee for such purpose. If such payments are
    required, they must be sufficient to ensure compliance with the
    standards established by the Commission pursuant to section 2201(x)
    of this title. No State shall be required under paragraph (3) to
    conduct proceedings concerning any license or regulation which
    would duplicate proceedings conducted by the Commission. In
    adopting requirements pursuant to paragraph (2) of this subsection
    with respect to sites at which ores are processed primarily for
    their source material content or which are used for the disposal of
    byproduct material as defined in section 2014(e)(2) of this title,
    the State may adopt alternatives (including, where appropriate,
    site-specific alternatives) to the requirements adopted and
    enforced by the Commission for the same purpose if, after notice
    and opportunity for public hearing, the Commission determines that
    such alternatives will achieve a level of stabilization and
    containment of the sites concerned, and a level of protection for
    public health, safety, and the environment from radiological and
    nonradiological hazards associated with such sites, which is
    equivalent to, to the extent practicable, or more stringent than
    the level which would be achieved by standards and requirements
    adopted and enforced by the Commission for the same purpose and any
    final standards promulgated by the Administrator of the
    Environmental Protection Agency in accordance with section 2022 of
    this title. Such alternative State requirements may take into
    account local or regional conditions, including geology,
    topography, hydrology and meteorology.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 274, as added Pub. L. 86-373,
    Sec. 1, Sept. 23, 1959, 73 Stat. 688; amended 1970 Reorg. Plan No.
    3, Secs. 2(a)(7), 6(2), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat.
    2086; Pub. L. 95-604, title II, Sec. 204(a)-(e)(1), (f), Nov. 8,
    1978, 92 Stat. 3036-3038; Pub. L. 96-295, title II, Sec. 205, June
    30, 1980, 94 Stat. 787; Pub. L. 97-415, Sec. 19(a), Jan. 4, 1983,
    96 Stat. 2078; renumbered title I and amended Pub. L. 102-486,
    title IX, Sec. 902(a)(6), (8), Oct. 24, 1992, 106 Stat. 2944; Pub.
    L. 109-58, title VI, Sec. 651(e)(2), Aug. 8, 2005, 119 Stat. 807.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of Canal Zone, referred to in subsec. (n), see
    section 3602(b) of Title 22, Foreign Relations and Intercourse.

-COD-
                               CODIFICATION                           
      In subsec. (h) of this section, provisions for the establishment
    of a Federal Radiation Council and for the designation of its
    Chairman and members have been omitted and the Administrator of the
    Environmental Protection Agency has been substituted for the
    Council as the person charged with the responsibility of carrying
    out the functions of the Council pursuant to Reorg. Plan No. 3 of
    1970, Secs. 2(a)(7), 6(2), eff. Dec. 2, 1970, 35 F.R. 15623, 84
    Stat. 2086, set out in the Appendix to Title 5, Government
    Organization and Employees, which abolished the Federal Radiation
    Council and transferred its functions to the Administrator of the
    Environmental Protection Administration.

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b). Pub. L. 109-58 substituted "State:" for
    "State - " in introductory provisions, added pars. (1) to (3), and
    struck out former pars. (1) to (4) which read as follows:
      "(1) byproduct materials as defined in section 2014(e)(1) of this
    title;
      "(2) byproduct materials as defined in section 2014(e)(2) of this
    title;
      "(3) source materials;
      "(4) special nuclear materials in quantities not sufficient to
    form a critical mass."
      1992 - Subsec. (c)(1). Pub. L. 102-486, Sec. 902(a)(6), inserted
    before semicolon at end "or any uranium enrichment facility".
      1983 - Subsec. (o). Pub. L. 97-415 inserted provisions relating
    to the adoption of equivalent alternative requirements by the
    States.
      1980 - Subsec. (j). Pub. L. 96-295 designated existing provisions
    as par. (1) and added par. (2).
      1978 - Subsec. (b). Pub. L. 95-604, Sec. 204(a), inserted in par.
    (1) "as defined in section 2014(e)(1) of this title" after
    "byproduct materials", added par. (2), and redesignated former
    pars. (2) and (3) as (3) and (4), respectively.
      Subsec. (c). Pub. L. 95-604, Sec. 204(f), required the Commission
    to retain authority under the agreement to make a determination
    that all applicable standards and requirements have been met prior
    to termination of a license for byproduct material as defined in
    section 2014(e)(2) of this title.
      Subsec. (d)(2). Pub. L. 95-604, Sec. 204(b), inserted "in
    accordance with the requirements of subsection (o) of this section
    and in all other respects" before "compatible".
      Subsec. (j). Pub. L. 95-604, Sec. 204(d), inserted "all or part
    of" after "suspend", designated provision requiring termination or
    suspension be necessary to protect the public health and safety as
    cl. (1), added cl. (2), and inserted provision requiring the
    Commission to periodically review the agreements and actions taken
    by the States under the agreements to ensure compliance with the
    provisions of this section.
      Subsec. (n). Pub. L. 95-604, Sec. 204(c), inserted definition of
    "agreement".
      Subsec. (o). Pub. L. 95-604, Sec. 204(e)(1), added subsec. (o).

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 204(e)(2) of Pub. L. 95-604, as added by Pub. L. 96-106,
    Sec. 22(d), Nov. 9, 1979, 93 Stat. 800, provided that: "The
    provisions of the amendment made by paragraph (1) of this
    subsection (which adds a new subsection o. to section 274 of the
    Atomic Energy Act of 1954 [this section]) shall apply only to the
    maximum extent practicable during the three-year period beginning
    on the date of the enactment of this Act [Nov. 8, 1978]."
      Amendment by Pub. L. 95-604 effective Nov. 8, 1978, see section
    208 of Pub. L. 95-604, set out as a note under section 2014 of this
    title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-MISC2-
      STATE AUTHORITIES AND AGREEMENTS RESPECTING BYPRODUCT MATERIAL;
                  ENTRY AND EFFECTIVE DATES OF AGREEMENTS
      Section 204(g), (h) of Pub. L. 95-604, as amended by Pub. L. 96-
    106, Sec. 22(a), (b), Nov. 9, 1979, 93 Stat. 799; Pub. L. 97-415,
    Sec. 19(b), Jan. 4, 1983, 96 Stat. 2079, provided that:
      "(g) Nothing in any amendment made by this section [amending this
    section] shall preclude any State from exercising any other
    authority as permitted under the Atomic Energy Act of 1954 [this
    chapter] respecting any byproduct material, as defined in section
    11 e. (2) of the Atomic Energy Act of 1954 [section 2014(e)(2) of
    this title].
      "(h)(1) During the three-year period beginning on the date of the
    enactment of this Act [Nov. 8, 1978], notwithstanding any other
    provision of this title [See Effective Date of 1978 Amendment note
    set out under section 2014 of this title], any State may exercise
    any authority under State law (including authority exercised
    pursuant to an agreement entered into pursuant to section 274 of
    the Atomic Energy Act of 1954 [this section]) respecting (A)
    byproduct material, as defined in section 11 e. (2) of the Atomic
    Energy Act of 1954 [section 2014(e)(2) of this title], or (B) any
    activity which results in the production of byproduct material as
    so defined, in the same manner and to the same extent as permitted
    before the date of the enactment of this Act, except that such
    State authority shall be exercised in a manner which, to the extent
    practicable, is consistent with the requirements of section 274 o.
    of the Atomic Energy Act of 1954 (as added by section 204(e) of
    this Act) [subsec. (o) of this section]. The Commission shall have
    the authority to ensure that such section 274 o. is implemented by
    any such State to the extent practicable during the three-year
    period beginning on the date of the enactment of this Act. Nothing
    in this section shall be construed to preclude the Commission or
    the Administrator of the Environmental Protection Agency from
    taking such action under section 275 of the Atomic Energy Act of
    1954 [section 2022 of this title] as may be necessary to implement
    title I of this Act [section 7911 et seq. of this title].
      "(2) An agreement entered into with any State as permitted under
    section 274 of the Atomic Energy Act of 1954 [this section] with
    respect to byproduct material as defined in section 11 e. (2) of
    such Act. [section 2014(e)(2) of this title], may be entered into
    at any time after the date of the enactment of this Act [Nov. 8,
    1978] but no such agreement may take effect before the date three
    years after the date of the enactment of this Act.
      "(3) Notwithstanding any other provision of this title [See
    Effective Date of 1978 Amendment note set out under section 2014 of
    this title], where a State assumes or has assumed, pursuant to an
    agreement entered into under section 274 b. of the Atomic Energy
    Act of 1954 [subsec. (b) of this section], authority over any
    activity which results in the production of byproduct material, as
    defined in section 11 e. (2) of such Act [section 2014(e)(2) of
    this title], the Commission shall not, until the end of the three-
    year period beginning on the date of the enactment of this Act
    [Nov. 8, 1978], have licensing authority over such byproduct
    material produced in any activity covered by such agreement, unless
    the agreement is terminated, suspended, or amended to provide for
    such Federal licensing. If, at the end of such three-year period, a
    State has not entered into such an agreement with respect to
    byproduct material, as defined in section 11 e. (2) of the Atomic
    Energy Act of 1954, the Commission shall have authority over such
    byproduct material: Provided, however, That, in the case of a State
    which has exercised any authority under State law pursuant to an
    agreement entered into under section 274 of the Atomic Energy Act
    of 1954 [this section], the State authority over such byproduct
    material may be terminated, and the Commission authority over such
    material may be exercised, only after compliance by the Commission
    with the same procedures as are applicable in the case of
    termination of agreements under section 274j. of the Atomic Energy
    Act of 1954 [subsec. (j) of this section]."

            FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS        
      For provisions relating to the responsibility of the head of each
    Executive agency for compliance with applicable pollution control
    standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,
    set out as a note under section 4321 of this title.

-EXEC-
                         EXECUTIVE ORDER NO. 12192                     
      Ex. Ord. No. 12192, Feb. 12, 1980, 45 F.R. 9727, which
    established the State Planning Council on Radioactive Waste
    Management and provided for its membership, functions, etc., was
    revoked by Ex. Ord. No. 12379, Sec. 13, Aug. 17, 1982, 47 F.R.
    36099, set out as a note under section 14 of the Federal Advisory
    Committee Act in the Appendix to Title 5, Government Organization
    and Employees.

-End-

-CITE-
    42 USC Sec. 2021a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2021a. Storage or disposal facility planning

-STATUTE-
      (a) Any person, agency, or other entity proposing to develop a
    storage or disposal facility, including a test disposal facility,
    for high-level radioactive wastes, non-high-level radioactive
    wastes including transuranium contaminated wastes, or irradiated
    nuclear reactor fuel, shall notify the Commission as early as
    possible after the commencement of planning for a particular
    proposed facility. The Commission shall in turn notify the Governor
    and the State legislature of the State of proposed situs whenever
    the Commission has knowledge of such proposal.
      (b) The Commission is authorized and directed to prepare a report
    on means for improving the opportunities for State participation in
    the process for siting, licensing, and developing nuclear waste
    storage or disposal facilities. Such report shall include detailed
    consideration of a program to provide grants through the Commission
    to any State, and the advisability of such a program, for the
    purpose of conducting an independent State review of any proposal
    to develop a nuclear waste storage or disposal facility identified
    in subsection (a) of this section within such State. On or before
    March 1, 1979, the Commission shall submit the report to the
    Congress including recommendations for improving the opportunities
    for State participation together with any necessary legislative
    proposals.

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

-REFTEXT-
                            REFERENCES IN TEXT                        
      Commission, referred to in text, probably means the Nuclear
    Regulatory Commission in view of the fact that this section was
    enacted as part of the act authorizing appropriations for the
    Nuclear Regulatory Commission for fiscal year 1979.

-COD-
                               CODIFICATION                           
      Section was enacted as part of an act authorizing appropriations
    to the Nuclear Regulatory Commission for fiscal year 1979, and not
    as part of the Atomic Energy Act of 1954 which comprises this
    chapter.

-MISC1-
      PLAN FOR PERMANENT DISPOSAL OF WASTE FROM ATOMIC ENERGY DEFENSE
    ACTIVITIES; SUBMISSION OF PLAN TO CONGRESS NOT LATER THAN JUNE 30,
                                   1983
      Pub. L. 97-90, title II, Sec. 213, Dec. 4, 1981, 95 Stat. 1171,
    directed President to submit to Committees on Armed Services of
    Senate and of House of Representatives not later than June 30,
    1983, a report setting forth his plans for permanent disposal of
    high-level and transuranic wastes resulting from atomic energy
    defense activities, such report to include, but not be limited to,
    for each State in which such wastes are stored in interim storage
    facilities on Dec. 4, 1981, specific estimates of amounts planned
    for expenditure in each of the next five fiscal years to achieve
    the permanent disposal of such wastes and general estimates of
    amounts planned for expenditure in fiscal years thereafter to
    achieve such purpose, and a thorough and detailed program
    management plan for the disposal of such wastes.

     WEST VALLEY DEMONSTRATION PROJECT; RADIOACTIVE WASTE MANAGEMENT;
        PROJECT ACTIVITIES; PUBLIC HEARINGS; REVIEW OF PROJECT AND
    CONSULTATIONS; AUTHORIZATION OF APPROPRIATIONS; REPORT TO CONGRESS
      Pub. L. 107-66, title III, Nov. 12, 2001, 115 Stat. 503, provided
    in part: "That funding for the West Valley Demonstration Project
    shall be reduced in subsequent fiscal years to the minimum
    necessary to maintain the project in a safe and stable condition,
    unless, not later than September 30, 2002, the Secretary: (1)
    provides written notification to the Committees on Appropriations
    of the House of Representatives and the Senate that agreement has
    been reached with the State of New York on the final scope of
    Federal activities at the West Valley site and on the respective
    Federal and State cost shares for those activities; (2) submits a
    written copy of that agreement to the Committees on Appropriations
    of the House of Representatives and the Senate; and (3) provides a
    written certification that the Federal actions proposed in the
    agreement will be in full compliance with all relevant Federal
    statutes and are in the best interest of the Federal Government."
      Pub. L. 96-368, Oct. 1, 1980, 94 Stat. 1347, as amended by Pub.
    L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1000, provided that:
      "Section 1. This Act may be cited as the 'West Valley
    Demonstration Project Act'.
      "Sec. 2. (a) The Secretary shall carry out, in accordance with
    this Act, a high level radioactive waste management demonstration
    project at the Western New York Service Center in West Valley, New
    York, for the purpose of demonstrating solidification techniques
    which can be used for preparing high level radioactive waste for
    disposal. Under the project the Secretary shall carry out the
    following activities:
        "(1) The Secretary shall solidify, in a form suitable for
      transportation and disposal, the high level radioactive waste at
      the Center by vitrification or by such other technology which the
      Secretary determines to be the most effective for solidification.
        "(2) The Secretary shall develop containers suitable for the
      permanent disposal of the high level radioactive waste solidified
      at the Center.
        "(3) The Secretary shall, as soon as feasible, transport, in
      accordance with applicable provisions of law, the waste
      solidified at the Center to an appropriate Federal repository for
      permanent disposal.
        "(4) The Secretary shall, in accordance with applicable
      licensing requirements, dispose of low level radioactive waste
      and transuranic waste produced by the solidification of the high
      level radioactive waste under the project.
        "(5) The Secretary shall decontaminate and decommission - 
          "(A) the tanks and other facilities of the Center in which
        the high level radioactive waste solidified under the project
        was stored,
          "(B) the facilities used in the solidification of the waste,
        and
          "(C) any material and hardware used in connection with the
        project,
      in accordance with such requirements as the Commission may
      prescribe.
      "(b) Before undertaking the project and during the fiscal year
    ending September 30, 1981, the Secretary shall carry out the
    following:
        "(1) The Secretary shall hold in the vicinity of the Center
      public hearings to inform the residents of the area in which the
      Center is located of the activities proposed to be undertaken
      under the project and to receive their comments on the project.
        "(2) The Secretary shall consider the various technologies
      available for the solidification and handling of high level
      radioactive waste taking into account the unique characteristics
      of such waste at the Center.
        "(3) The Secretary shall - 
          "(A) undertake detailed engineering and cost estimates for
        the project,
          "(B) prepare a plan for the safe removal of the high level
        radioactive waste at the Center for the purposes of
        solidification and include in the plan provisions respecting
        the safe breaching of the tanks in which the waste is stored,
        operating equipment to accomplish the removal, and sluicing
        techniques,
          "(C) conduct appropriate safety analyses of the project, and
          "(D) prepare required environmental impact analyses of the
        project.
        "(4) The Secretary shall enter into a cooperative agreement
      with the State in accordance with the Federal Grant and
      Cooperative Agreement Act of 1977 [see section 6301 et seq. of
      Title 31, Money and Finance] under which the State will carry out
      the following:
          "(A) The State will make available to the Secretary the
        facilities of the Center and the high level radioactive waste
        at the Center which are necessary for the completion of the
        project. The facilities and the waste shall be made available
        without the transfer of title and for such period as may be
        required for completion of the project.
          "(B) The Secretary shall provide technical assistance in
        securing required license amendments.
          "(C) The State shall pay 10 per centum of the costs of the
        project, as determined by the Secretary. In determining the
        costs of the project, the Secretary shall consider the value of
        the use of the Center for the project. The State may not use
        Federal funds to pay its share of the cost of the project, but
        may use the perpetual care fund to pay such share.
          "(D) Submission jointly by the Department of Energy and the
        State of New York of an application for a licensing amendment
        as soon as possible with the Nuclear Regulatory Commission
        providing for the demonstration.
      "(c) Within one year from the date of the enactment of this Act
    [Oct. 1, 1980], the Secretary shall enter into an agreement with
    the Commission to establish arrangements for review and
    consultation by the Commission with respect to the project:
    Provided, That review and consultation by the Commission pursuant
    to this subsection shall be conducted informally by the Commission
    and shall not include nor require formal procedures or actions by
    the Commission pursuant to the Atomic Energy Act of 1954, as
    amended [this chapter], the Energy Reorganization Act of 1974, as
    amended [section 5801 et seq. of this title], or any other law. The
    agreement shall provide for the following:
        "(1) The Secretary shall submit to the Commission, for its
      review and comment, a plan for the solidification of the high
      level radioactive waste at the Center, the removal of the waste
      for purposes of its solidification, the preparation of the waste
      for disposal, and the decontamination of the facilities to be
      used in solidifying the waste. In preparing its comments on the
      plan, the Commission shall specify with precision its objections
      to any provision of the plan. Upon submission of a plan to the
      Commission, the Secretary shall publish a notice in the Federal
      Register of the submission of the plan and of its availability
      for public inspection, and, upon receipt of the comments of the
      Commission respecting a plan, the Secretary shall publish a
      notice in the Federal Register of the receipt of the comments and
      of the availability of the comments for public inspection. If the
      Secretary does not revise the plan to meet objections specified
      in the comments of the Commission, the Secretary shall publish in
      the Federal Register a detailed statement for not so revising the
      plan.
        "(2) The Secretary shall consult with the Commission with
      respect to the form in which the high level radioactive waste at
      the Center shall be solidified and the containers to be used in
      the permanent disposal of such waste.
        "(3) The Secretary shall submit to the Commission safety
      analysis reports and such other information as the Commission may
      require to identify any danger to the public health and safety
      which may be presented by the project.
        "(4) The Secretary shall afford the Commission access to the
      Center to enable the Commission to monitor the activities under
      the project for the purpose of assuring the public health and
      safety.
      "(d) In carrying out the project, the Secretary shall consult
    with the Administrator of the Environmental Protection Agency, the
    Secretary of Transportation, the Director of the United States
    Geological Survey, and the commercial operator of the Center.
      "Sec. 3. (a) There are authorized to be appropriated to the
    Secretary for the project not more than $5,000,000 for the fiscal
    year ending September 30, 1981.
      "(b) The total amount obligated for the project by the Secretary
    shall be 90 per centum of the costs of the project.
      "(c) The authority of the Secretary to enter into contracts under
    this Act shall be effective for any fiscal year only to such extent
    or in such amounts as are provided in advance by appropriation
    Acts.
      "Sec. 4. Not later than February 1, 1981, and on February 1 of
    each calendar year thereafter during the term of the project, the
    Secretary shall transmit to the Speaker of the House of
    Representatives and the President pro tempore of the Senate an up-
    to-date report containing a detailed description of the activities
    of the Secretary in carrying out the project, including agreements
    entered into and the costs incurred during the period reported on
    and the activities to be undertaken in the next fiscal year and the
    estimated costs thereof.
      "Sec. 5. (a) Other than the costs and responsibilities
    established by this Act for the project, nothing in this Act shall
    be construed as affecting any rights, obligations, or liabilities
    of the commercial operator of the Center, the State, or any person,
    as is appropriate, arising under the Atomic Energy Act of 1954
    [this chapter] or under any other law, contract, or agreement for
    the operation, maintenance, or decontamination of any facility or
    property at the Center or for any wastes at the Center. Nothing in
    this Act shall be construed as affecting any applicable licensing
    requirement of the Atomic Energy Act of 1954 or the Energy
    Reorganization Act of 1974 [section 5801 et seq. of this title].
    This Act shall not apply or be extended to any facility or property
    at the Center which is not used in conducting the project. This Act
    may not be construed to expand or diminish the rights of the
    Federal Government.
      "(b) This Act does not authorize the Federal Government to
    acquire title to any high level radioactive waste at the Center or
    to the Center or any portion thereof.
      "Sec. 6. For purposes of this Act:
        "(1) The term 'Secretary' means the Secretary of Energy.
        "(2) The term 'Commission' means the Nuclear Regulatory
      Commission.
        "(3) The term 'State' means the State of New York.
        "(4) The term 'high level radioactive waste' means the high
      level radioactive waste which was produced by the reprocessing at
      the Center of spent nuclear fuel. Such term includes both liquid
      wastes which are produced directly in reprocessing, dry solid
      material derived from such liquid waste, and such other material
      as the Commission designates as high level radioactive waste for
      purposes of protecting the public health and safety.
        "(5) The term 'transuranic waste' means material contaminated
      with elements which have an atomic number greater than 92,
      including neptunium, plutonium, americium, and curium, and which
      are in concentrations greater than 10 nanocuries per gram, or in
      such other concentrations as the Commission may prescribe to
      protect the public health and safety.
        "(6) The term 'low level radioactive waste' means radioactive
      waste not classified as high level radioactive waste, transuranic
      waste, or byproduct material as defined in section 11e. (2) of
      the Atomic Energy Act of 1954 [section 2014(e)(2) of this title].
        "(7) The term 'project' means the project prescribed by section
      2(a).
        "(8) The term 'Center' means the Western New York Service
      Center in West Valley, New York."
      [For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under section 4 of Pub. L. 96-368, set out
    above, is listed in item 1 on page 84), see section 3003 of Pub. L.
    104-66, as amended, and section 1(a)(4) [div. A, Sec. 1402(1)] of
    Pub. L. 106-554, set out as notes under section 1113 of Title 31,
    Money and Finance.]

-End-

-CITE-
    42 USC Sec. 2021b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2021b. Definitions

-STATUTE-
      For purposes of sections 2021b to 2021j of this title:
      (1) Agreement State
        The term "agreement State" means a State that - 
          (A) has entered into an agreement with the Nuclear Regulatory
        Commission under section 2021 of this title; and
          (B) has authority to regulate the disposal of low-level
        radioactive waste under such agreement.
      (2) Allocation
        The term "allocation" means the assignment of a specific amount
      of low-level radioactive waste disposal capacity to a commercial
      nuclear power reactor for which access is required to be provided
      by sited States subject to the conditions specified under
      sections 2021b to 2021j of this title.
      (3) Commercial nuclear power reactor
        The term "commercial nuclear power reactor" means any unit of a
      civilian light-water moderated utilization facility required to
      be licensed under section 2133 or 2134(b) of this title.
      (4) Compact
        The term "compact" means a compact entered into by two or more
      States pursuant to sections 2021b to 2021j of this title.
      (5) Compact commission
        The term "compact commission" means the regional commission,
      committee, or board established in a compact to administer such
      compact.
      (6) Compact region
        The term "compact region" means the area consisting of all
      States that are members of a compact.
      (7) Disposal
        The term "disposal" means the permanent isolation of low-level
      radioactive waste pursuant to the requirements established by the
      Nuclear Regulatory Commission under applicable laws, or by an
      agreement State if such isolation occurs in such agreement State.
      (8) Generate
        The term "generate", when used in relation to low-level
      radioactive waste, means to produce low-level radioactive waste.
      (9) Low-level radioactive waste
        (A) In general
          The term "low-level radioactive waste" means radioactive
        material that - 
            (i) is not high-level radioactive waste, spent nuclear
          fuel, or byproduct material (as defined in section 2014(e)(2)
          of this title); and
            (ii) the Nuclear Regulatory Commission, consistent with
          existing law and in accordance with paragraph (A), classifies
          as low-level radioactive waste.
        (B) Exclusion
          The term "low-level radioactive waste" does not include
        byproduct material (as defined in paragraphs (3) and (4) of
        section 2014(e) of this title).
      (10) Non-sited compact region
        The term "non-sited compact region" means any compact region
      that is not a sited compact region.
      (11) Regional disposal facility
        The term "regional disposal facility" means a non-Federal low-
      level radioactive waste disposal facility in operation on
      January 1, 1985, or subsequently established and operated under a
      compact.
      (12) Secretary
        The term "Secretary" means the Secretary of Energy.
      (13) Sited compact region
        The term "sited compact region" means a compact region in which
      there is located one of the regional disposal facilities at
      Barnwell, in the State of South Carolina; Richland, in the State
      of Washington; or Beatty, in the State of Nevada.
      (14) State
        The term "State" means any State of the United States, the
      District of Columbia, and the Commonwealth of Puerto Rico.

-SOURCE-
    (Pub. L. 96-573, Sec. 2, as added Pub. L. 99-240, title I, Sec.
    102, Jan. 15, 1986, 99 Stat. 1842; amended Pub. L. 109-58, title
    VI, Sec. 651(e)(3)(B), Aug. 8, 2005, 119 Stat. 808.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Low-Level Radioactive Waste
    Policy Act, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2021b, Pub. L. 96-573, Sec. 2, Dec. 22, 1980, 94
    Stat. 3347, related to definitions respecting low-level radioactive
    waste policy as used in former sections 2021b to 2021d of this
    title, prior to repeal by Pub. L. 99-240, Sec. 102.

                                AMENDMENTS                            
      2005 - Par. (9). Pub. L. 109-58 designated existing provisions as
    subpar. (A), inserted heading, redesignated former subpars. (A) and
    (B) as cls. (i) and (ii), respectively, and added subpar. (B).

                       SHORT TITLE OF 1986 AMENDMENT                   
      Section 101 of title I of Pub. L. 99-240 provided that: "This
    Title [enacting this section and sections 2021c to 2021j of this
    title, repealing former sections 2021b to 2021d of this title, and
    enacting and repealing a provision set out as a note under this
    section] may be cited as the 'Low-Level Radioactive Waste Policy
    Amendments Act of 1985'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 96-573, as added by Pub. L. 99-240, title I,
    Sec. 102, Jan. 15, 1986, 99 Stat. 1842, provided that: "This Act
    [enacting sections 2021b to 2021j of this title] may be cited as
    the 'Low-Level Radioactive Waste Policy Act'."
      A prior section 1 of Pub. L. 96-573 which provided that Pub. L.
    96-573 [enacting former sections 2021b to 2021d of this title]
    could be cited as the "Low-Level Radioactive Waste Policy Act" was
    repealed by Pub. L. 99-240, title I, Sec. 102, Jan. 15, 1986, 99
    Stat. 1842.

-End-

-CITE-
    42 USC Sec. 2021c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2021c. Responsibilities for disposal of low-level radioactive
      waste

-STATUTE-
      (a)(1) Each State shall be responsible for providing, either by
    itself or in cooperation with other States, for the disposal of - 
        (A) low-level radioactive waste generated within the State
      (other than by the Federal Government) that consists of or
      contains class A, B, or C radioactive waste as defined by section
      61.55 of title 10, Code of Federal Regulations, as in effect on
      January 26, 1983;
        (B) low-level radioactive waste described in subparagraph (A)
      that is generated by the Federal Government except such waste
      that is - 
          (i) owned or generated by the Department of Energy;
          (ii) owned or generated by the United States Navy as a result
        of the decommissioning of vessels of the United States Navy; or
          (iii) owned or generated as a result of any research,
        development, testing, or production of any atomic weapon; and

        (C) low-level radioactive waste described in subparagraphs (A)
      and (B) that is generated outside of the State and accepted for
      disposal in accordance with sections (!1) 2021e or 2021f of this
      title.

      (2) No regional disposal facility may be required to accept for
    disposal any material - 
        (A) that is not low-level radioactive waste as defined by
      section 61.55 of title 10, Code of Federal Regulations, as in
      effect on January 26, 1983, or
        (B) identified under the Formerly Utilized Sites Remedial
      Action Program.

    Nothing in this paragraph shall be deemed to prohibit a State,
    subject to the provisions of its compact, or a compact region from
    accepting for disposal any material identified in subparagraph (A)
    or (B).
      (b)(1) The Federal Government shall be responsible for the
    disposal of - 
        (A) low-level radioactive waste owned or generated by the
      Department of Energy;
        (B) low-level radioactive waste owned or generated by the
      United States Navy as a result of the decommissioning of vessels
      of the United States Navy;
        (C) low-level radioactive waste owned or generated by the
      Federal Government as a result of any research, development,
      testing, or production of any atomic weapon; and
        (D) any other low-level radioactive waste with concentrations
      of radionuclides that exceed the limits established by the
      Commission for class C radioactive waste, as defined by section
      61.55 of title 10, Code of Federal Regulations, as in effect on
      January 26, 1983.

      (2) All radioactive waste designated a Federal responsibility
    pursuant to subparagraph (b)(1)(D) that results from activities
    licensed by the Nuclear Regulatory Commission under this chapter,
    shall be disposed of in a facility licensed by the Nuclear
    Regulatory Commission that the Commission determines is adequate to
    protect the public health and safety.
      (3) Not later than 12 months after January 15, 1986, the
    Secretary shall submit to the Congress a comprehensive report
    setting forth the recommendations of the Secretary for ensuring the
    safe disposal of all radioactive waste designated a Federal
    responsibility pursuant to subparagraph (b)(1)(D). Such report
    shall include - 
        (A) an identification of the radioactive waste involved,
      including the source of such waste, and the volume,
      concentration, and other relevant characteristics of such waste;
        (B) an identification of the Federal and non-Federal options
      for disposal of such radioactive waste;
        (C) a description of the actions proposed to ensure the safe
      disposal of such radioactive waste;
        (D) a description of the projected costs of undertaking such
      actions;
        (E) an identification of the options for ensuring that the
      beneficiaries of the activities resulting in the generation of
      such radioactive wastes bear all reasonable costs of disposing of
      such wastes; and
        (F) an identification of any statutory authority required for
      disposal of such waste.

      (4) The Secretary may not dispose of any radioactive waste
    designated a Federal responsibility pursuant to paragraph (b)(1)(D)
    that becomes a Federal responsibility for the first time pursuant
    to such paragraph until ninety days after the report prepared
    pursuant to paragraph (3) has been submitted to the Congress.

-SOURCE-
    (Pub. L. 96-573, Sec. 3, as added Pub. L. 99-240, title I, Sec.
    102, Jan. 15, 1986, 99 Stat. 1843.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      January 15, 1986, referred to in subsec. (b)(3), was in the
    original "the date of enactment of this Act" and was translated as
    meaning the date of enactment of Pub. L. 99-240 to reflect the
    probable intent of Congress.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Low-Level Radioactive Waste
    Policy Act, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2021c, Pub. L. 96-573, Sec. 3, Dec. 22, 1980, 94
    Stat. 3347, related to the applicability of low-level radioactive
    waste compacts, prior to repeal by Pub. L. 99-240, Sec. 102. See
    section 2021d of this title.

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

-End-

-CITE-
    42 USC Sec. 2021d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2021d. Regional compacts for disposal of low-level radioactive
      waste

-STATUTE-
    (a) In general
      (1) Federal policy
        It is the policy of the Federal Government that the
      responsibilities of the States under section 2021c of this title
      for the disposal of low-level radioactive waste can be most
      safely and effectively managed on a regional basis.
      (2) Interstate compacts
        To carry out the policy set forth in paragraph (1), the States
      may enter into such compacts as may be necessary to provide for
      the establishment and operation of regional disposal facilities
      for low-level radioactive waste.
    (b) Applicability to Federal activities
      (1) In general
        (A) Activities of the Secretary
          Except as provided in subparagraph (B), no compact or action
        taken under a compact shall be applicable to the
        transportation, management, or disposal of any low-level
        radioactive waste designated in section 2021c(a)(1)(B)(i)-(iii)
        of this title.
        (B) Federal low-level radioactive waste disposed of at non-
          Federal facilities
          Low-level radioactive waste owned or generated by the Federal
        Government that is disposed of at a regional disposal facility
        or non-Federal disposal facility within a State that is not a
        member of a compact shall be subject to the same conditions,
        regulations, requirements, fees, taxes, and surcharges imposed
        by the compact commission, and by the State in which such
        facility is located, in the same manner and to the same extent
        as any low-level radioactive waste not generated by the Federal
        Government.
      (2) Federal low-level radioactive waste disposal facilities
        Any low-level radioactive waste disposal facility established
      or operated exclusively for the disposal of low-level radioactive
      waste owned or generated by the Federal Government shall not be
      subject to any compact or any action taken under a compact.
      (3) Effect of compacts on Federal law
        Nothing contained in sections 2021b to 2021j of this title or
      any compact may be construed to confer any new authority on any
      compact commission or State - 
          (A) to regulate the packaging, generation, treatment,
        storage, disposal, or transportation of low-level radioactive
        waste in a manner incompatible with the regulations of the
        Nuclear Regulatory Commission or inconsistent with the
        regulations of the Department of Transportation;
          (B) to regulate health, safety, or environmental hazards from
        source material, byproduct material, or special nuclear
        material;
          (C) to inspect the facilities of licensees of the Nuclear
        Regulatory Commission;
          (D) to inspect security areas or operations at the site of
        the generation of any low-level radioactive waste by the
        Federal Government, or to inspect classified information
        related to such areas or operations; or
          (E) to require indemnification pursuant to the provisions of
        chapter 171 of title 28 (commonly referred to as the Federal
        Tort Claims Act), or section 2210 of this title, whichever is
        applicable.
      (4) Federal authority
        Except as expressly provided in sections 2021b to 2021j of this
      title, nothing contained in sections 2021b to 2021j of this title
      or any compact may be construed to limit the applicability of any
      Federal law or to diminish or otherwise impair the jurisdiction
      of any Federal agency, or to alter, amend, or otherwise affect
      any Federal law governing the judicial review of any action taken
      pursuant to any compact.
      (5) State authority preserved
        Except as expressly provided in sections 2021b to 2021j of this
      title, nothing contained in sections 2021b to 2021j of this title
      expands, diminishes, or otherwise affects State law.
    (c) Restricted use of regional disposal facilities
      Any authority in a compact to restrict the use of the regional
    disposal facilities under the compact to the disposal of low-level
    radioactive waste generated within the compact region shall not
    take effect before each of the following occurs:
        (1) January 1, 1986; and
        (2) the Congress by law consents to the compact.
    (d) Congressional review
      Each compact shall provide that every 5 years after the compact
    has taken effect the Congress may by law withdraw its consent.

-SOURCE-
    (Pub. L. 96-573, Sec. 4, as added Pub. L. 99-240, title I, Sec.
    102, Jan. 15, 1986, 99 Stat. 1845.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Tort Claims Act, referred to in subsec. (b)(3)(E), is
    classified generally to section 1346(b) and chapter 171 (Sec. 2671
    et seq.) of Title 28, Judiciary and Judicial Procedure.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Low-Level Radioactive Waste
    Policy Act, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2021d, Pub. L. 96-573, Sec. 4, Dec. 22, 1980, 94
    Stat. 3348, related to policy of Federal Government concerning low-
    level radioactive waste disposal, implementation of that policy,
    and a report to Congress and the States to assist in carrying out
    the policy, prior to repeal by Pub. L. 99-240, Sec. 102.

      TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT CONSENT ACT  
      Pub. L. 105-236, Sept. 20, 1998, 112 Stat. 1542, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Texas Low-Level Radioactive Waste
    Disposal Compact Consent Act'.

      "SEC. 2. CONGRESSIONAL FINDING.
      "The Congress finds that the compact set forth in section 5 is in
    furtherance of the Low-Level Radioactive Waste Policy Act (42
    U.S.C. 2021b et seq.).

      "SEC. 3. CONDITIONS OF CONSENT TO COMPACT.
      "The consent of the Congress to the compact set forth in section
    5 - 
        "(1) shall become effective on the date of the enactment of
      this Act [Sept. 20, 1998];
        "(2) is granted subject to the provisions of the Low-Level
      Radioactive Waste Policy Act (42 U.S.C. 2021b et seq.); and
        "(3) is granted only for so long as the regional commission
      established in the compact complies with all of the provisions of
      such Act.

      "SEC. 4. CONGRESSIONAL REVIEW.
      "The Congress may alter, amend, or repeal this Act with respect
    to the compact set forth in section 5 after the expiration of the
    10-year period following the date of the enactment of this Act
    [Sept. 20, 1998], and at such intervals thereafter as may be
    provided in such compact.

      "SEC. 5. TEXAS LOW-LEVEL RADIOACTIVE WASTE COMPACT.
      "(a) Consent of Congress. - In accordance with section 4(a)(2) of
    the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021d(a)(2)),
    the consent of Congress is given to the States of Texas, Maine, and
    Vermont to enter into the compact set forth in subsection (b).
      "(b) Text of Compact. - The compact reads substantially as
    follows: [Text of compact appears at 112 Stat. 1543]".

     SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT CONSENT
                                    ACT
      Pub. L. 100-712, Nov. 23, 1988, 102 Stat. 4773, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Southwestern Low-Level Radioactive
    Waste Disposal Compact Consent Act'[.]

      "SEC. 2. CONGRESSIONAL FINDING.
      "The Congress finds that the compact set forth in section 5 is in
    furtherance of the Low-Level Radioactive Waste Policy Act [42
    U.S.C. 2021b-2021j].

      "SEC. 3. CONDITIONS OF CONSENT TO COMPACT.
      "The consent of the Congress to the compact set forth in section
    5 - 
        "(1) shall become effective on the date of the enactment of
      this Act [Nov. 23, 1988];
        "(2) is granted subject to the provisions of the Low-Level
      Radioactive Waste Policy Act [42 U.S.C. 2021b-2021j]; and
        "(3) is granted only for so long as the regional commission
      established in the compact complies with all of the provisions of
      such Act.

      "SEC. 4. CONGRESSIONAL REVIEW.
      "The Congress may alter, amend, or repeal this Act with respect
    to the compact set forth in section 5 after the expiration of the
    10-year period following the date of enactment of this Act [Nov.
    23, 1988], and at such intervals thereafter as may be provided in
    such compact.

      "SEC. 5. SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE COMPACT.
      "In accordance with section 4(a)(2) of the Low-Level Radioactive
    Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of Congress
    is given to the states of Arizona, California, and any eligible
    states, as defined in article VII of the Southwestern Low-Level
    Radioactive Waste Disposal Compact, to enter into such compact.
    Such compact is substantially as follows: [Text of compact appears
    at 102 Stat. 4773]".

    APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMPACT CONSENT ACT
      Pub. L. 100-319, May 19, 1988, 102 Stat. 471, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Appalachian States Low-Level
    Radioactive Waste Compact Consent Act'.

      "SEC. 2. CONGRESSIONAL FINDING.
      "The Congress finds that the compact set forth in section 5 is in
    furtherance of the Low-Level Radioactive Waste Policy Act [42
    U.S.C. 2021b-2021j].

      "SEC. 3. CONDITIONS OF CONSENT TO COMPACT.
      "The consent of the Congress to the compact set forth in section
    5 - 
        "(1) shall become effective on the date of the enactment of
      this Act [May 19, 1988],
        "(2) is granted subject to the provisions of the Low-Level
      Radioactive Waste Policy Act [42 U.S.C. 2021b-2021j], and
        "(3) is granted only for so long as the Appalachian States Low-
      Level Radioactive Waste Commission, advisory committees, and
      regional boards established in the compact comply with all the
      provisions of such Act.

      "SEC. 4. CONGRESSIONAL REVIEW.
      "The Congress may alter, amend, or repeal this Act with respect
    to the compact set forth in section 5 after the expiration of the
    10-year period following the date of the enactment of this Act [May
    19, 1988], and at such intervals thereafter as may be provided for
    in such compact.

      "SEC. 5. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMPACT.
      "In accordance with section 4(a)(2) of the Low-Level Radioactive
    Waste Policy Act (42 U.S.C. 2021d(A)(2) [42 U.S.C. 2021d(a)(2)]),
    the consent of Congress is given to the States of Pennsylvania,
    West Virginia, and any eligible States as defined in Article 5(A)
    of the Appalachian States Low-Level Radioactive Waste Compact to
    enter into such compact. Such compact is substantially as follows:
    [Text of compact appears at 102 Stat. 471]".

    OMNIBUS LOW-LEVEL RADIOACTIVE WASTE INTERSTATE COMPACT CONSENT ACT
      Pub. L. 99-240, title II, Jan. 15, 1986, 99 Stat. 1859, provided
    that:

      "SEC. 201. SHORT TITLE.
      "This Title may be cited as the 'Omnibus Low-Level Radioactive
    Waste Interstate Compact Consent Act'.

                     "SUBTITLE A - GENERAL PROVISIONS                 

      "SEC. 211. CONGRESSIONAL FINDING.
      "The Congress hereby finds that each of the compacts set forth in
    subtitle B is in furtherance of the Low-Level Radioactive Waste
    Policy Act [42 U.S.C. 2021b-2021j].

      "SEC. 212. CONDITIONS OF CONSENT TO COMPACTS.
      "The consent of the Congress to each of the compacts set forth in
    subtitle B - 
        "(1) shall become effective on the date of the enactment of
      this Act [Jan. 15, 1986];
        "(2) is granted subject to the provisions of the Low-Level
      Radioactive Waste Policy Act, as amended [42 U.S.C. 2021b-2021j];
      and
        "(3) is granted only for so long as the regional commission,
      committee, or board established in the compact complies with all
      of the provisions of such Act.

      "SEC. 213. CONGRESSIONAL REVIEW.
      "The Congress may alter, amend, or repeal this Act with respect
    to any compact set forth in subtitle B after the expiration of the
    10-year period following the date of the enactment of this Act
    [Jan. 15, 1986], and at such intervals thereafter as may be
    provided in such compact.

              "SUBTITLE B - CONGRESSIONAL CONSENT TO COMPACTS          

      "SEC. 221. NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE
        WASTE MANAGEMENT.
      "The consent of Congress is hereby given to the states of Alaska,
    Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming to
    enter into the Northwest Interstate Compact on Low-level
    Radioactive Waste Management, and to each and every part and
    article thereof. Such compact reads substantially as follows: [Text
    of compact appears at 99 Stat. 1860.]

      "SEC. 222. CENTRAL INTERSTATE LOW-LEVEL RADIOACTIVE WASTE
        COMPACT.
      "The consent of Congress is hereby given to the states of
    Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska,
    North Dakota, and Oklahoma to enter into the Central Interstate Low-
    Level Radioactive Waste Compact, and to each and every part and
    article thereof. Such compact reads substantially as follows: [Text
    of compact appears at 99 Stat. 1863.]

      "SEC. 223. SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE
        MANAGEMENT COMPACT.
      "In accordance with section 4(a)(2) of the Low-Level Radioactive
    Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of the
    Congress is hereby given to the States of Alabama, Florida,
    Georgia, Mississippi, North Carolina, South Carolina, Tennessee,
    and Virginia to enter into the Southeast Interstate Low-Level
    Radioactive Waste Management Compact. Such compact is substantially
    as follows: [Text of compact appears at 99 Stat. 1871; 103 Stat.
    1289.]

      "SEC. 224. CENTRAL MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE
        COMPACT.
      "In accordance with section 4(a)(2) of the Low-Level Radioactive
    Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of the
    Congress hereby is given to the States of Illinois and Kentucky to
    enter into the Central Midwest Interstate Low-Level Radioactive
    Waste Compact. Such compact is substantially as follows: [Text of
    compact appears at 99 Stat. 1880; 108 Stat. 4607.]

      "SEC. 225. MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE
        MANAGEMENT COMPACT.
      "The consent of Congress is hereby given to the States of Iowa,
    Indiana, Michigan, Minnesota, Missouri, Ohio, and Wisconsin to
    enter into the Midwest Interstate Compact on Low-level Radioactive
    Waste Management. Such compact is as follows: [Text of compact
    appears at 99 Stat. 1892.]

      "SEC. 226. ROCKY MOUNTAIN LOW-LEVEL RADIOACTIVE WASTE COMPACT.
      "In accordance with section 4(a)(2) of the Low-Level Radioactive
    Waste Policy Act (42 U.S.C. 2021d(a)(2)), the consent of the
    Congress hereby is given to the States of Arizona, Colorado,
    Nevada, New Mexico, Utah, and Wyoming to enter into the Rocky
    Mountain Interstate Low-Level Radioactive Waste Compact. Such
    compact is substantially as follows: [Text of compact appears at 99
    Stat. 1902.]

      "SEC. 227. NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE
        MANAGEMENT COMPACT.
      "In accordance with section 4(a)(2) of the Low-Level Radioactive
    Waste Policy Act [42 U.S.C. 2021d(a)(2)], the consent of the
    Congress is hereby given to the States of Connecticut, New Jersey,
    Delaware, and Maryland to enter into the Northeast Interstate Low-
    Level Radioactive Waste Management Compact. Such compact is
    substantially as follows: [Text of compact appears at 99 Stat.
    1910.]."

-End-

-CITE-
    42 USC Sec. 2021e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2021e. Limited availability of certain regional disposal
      facilities during transition and licensing periods

-STATUTE-
    (a) Availability of disposal capacity
      (1) Pressurized water and boiling water reactors
        During the seven-year period beginning January 1, 1986 and
      ending December 31, 1992, subject to the provisions of
      subsections (b) through (g) of this section, each State in which
      there is located a regional disposal facility referred to in
      paragraphs (1) through (3) of subsection (b) of this section
      shall make disposal capacity available for low-level radioactive
      waste generated by pressurized water and boiling water commercial
      nuclear power reactors in accordance with the allocations
      established in subsection (c) of this section.
      (2) Other sources of low-level radioactive waste
        During the seven-year period beginning January 1, 1986 and
      ending December 31, 1992, subject to the provisions of
      subsections (b) through (g) of this section, each State in which
      there is located a regional disposal facility referred to in
      paragraphs (1) through (3) of subsection (b) of this section
      shall make disposal capacity available for low-level radioactive
      waste generated by any source not referred to in paragraph (1).
      (3) Allocation of disposal capacity
        (A) During the seven-year period beginning January 1, 1986 and
      ending December 31, 1992, low-level radioactive waste generated
      within a sited compact region shall be accorded priority under
      this section in the allocation of available disposal capacity at
      a regional disposal facility referred to in paragraphs (1)
      through (3) of subsection (b) of this section and located in the
      sited compact region in which such waste is generated.
        (B) Any State in which a regional disposal facility referred to
      in paragraphs (1) through (3) of subsection (b) of this section
      is located may, subject to the provisions of its compact,
      prohibit the disposal at such facility of low-level radioactive
      waste generated outside of the compact region if the disposal of
      such waste in any given calendar year, together with all other
      low-level radioactive waste disposed of at such facility within
      that same calendar year, would result in that facility disposing
      of a total annual volume of low-level radioactive waste in excess
      of 100 per centum of the average annual volume for such facility
      designated in subsection (b) of this section: Provided, however,
      That in the event that all three States in which regional
      disposal facilities referred to in paragraphs (1) through (3) of
      subsection (b) of this section act to prohibit the disposal of
      low-level radioactive waste pursuant to this subparagraph, each
      such State shall, in accordance with any applicable procedures of
      its compact, permit, as necessary, the disposal of additional
      quantities of such waste in increments of 10 per centum of the
      average annual volume for each such facility designated in
      subsection (b) of this section.
        (C) Nothing in this paragraph shall require any disposal
      facility or State referred to in paragraphs (1) through (3) of
      subsection (b) of this section to accept for disposal low-level
      radioactive waste in excess of the total amounts designated in
      subsection (b) of this section.
      (4) Cessation of operation of low-level radioactive waste
        disposal facility
        No provision of this section shall be construed to obligate any
      State referred to in paragraphs (1) through (3) of subsection (b)
      of this section to accept low-level radioactive waste from any
      source in the event that the regional disposal facility located
      in such State ceases operations.
    (b) Limitations
      The availability of disposal capacity for low-level radioactive
    waste from any source shall be subject to the following
    limitations:
      (1) Barnwell, South Carolina
        The State of South Carolina, in accordance with the provisions
      of its compact, may limit the volume of low-level radioactive
      waste accepted for disposal at the regional disposal facility
      located at Barnwell, South Carolina to a total of 8,400,000 cubic
      feet of low-level radioactive waste during the 7-year period
      beginning January 1, 1986, and ending December 31, 1992 (as based
      on an average annual volume of 1,200,000 cubic feet of low-level
      radioactive waste).
      (2) Richland, Washington
        The State of Washington, in accordance with the provisions of
      its compact, may limit the volume of low-level radioactive waste
      accepted for disposal at the regional disposal facility located
      at Richland, Washington to a total of 9,800,000 cubic feet of low-
      level radioactive waste during the 7-year period beginning
      January 1, 1986, and ending December 31, 1992 (as based on an
      average annual volume of 1,400,000 cubic feet of low-level
      radioactive waste).
      (3) Beatty, Nevada
        The State of Nevada, in accordance with the provisions of its
      compact, may limit the volume of low-level radioactive waste
      accepted for disposal at the regional disposal facility located
      at Beatty, Nevada to a total of 1,400,000 cubic feet of low-level
      radioactive waste during the 7-year period beginning January 1,
      1986, and ending December 31, 1992 (as based on an average annual
      volume of 200,000 cubic feet of low-level radioactive waste).
    (c) Commercial nuclear power reactor allocations
      (1) Amount
        Subject to the provisions of subsections (a) through (g) of
      this section each commercial nuclear power reactor shall upon
      request receive an allocation of low-level radioactive waste
      disposal capacity (in cubic feet) at the facilities referred to
      in subsection (b) of this section during the 4-year transition
      period beginning January 1, 1986, and ending December 31, 1989,
      and during the 3-year licensing period beginning January 1, 1990,
      and ending December 31, 1992, in an amount calculated by
      multiplying the appropriate number from the following table by
      the number of months remaining in the applicable period as
      determined under paragraph (2).

     Reactor Type    4-year Transition Period     3-year Licensing Period 

                     In Sited      All Other      In Sited      All Other 
                      Region       Locations       Region       Locations 
    --------------------------------------------------------------------
    PWR                    1027            871           934           685
    BWR                    2300           1951          2091          1533
    --------------------------------------------------------------------

      (2) Method of calculation
        For purposes of calculating the aggregate amount of disposal
      capacity available to a commercial nuclear power reactor under
      this subsection, the number of months shall be computed beginning
      with the first month of the applicable period, or the sixteenth
      month after receipt of a full power operating license, whichever
      occurs later.
      (3) Unused allocations
        Any unused allocation under paragraph (1) received by a reactor
      during the transition period or the licensing period may be used
      at any time after such reactor receives its full power license or
      after the beginning of the pertinent period, whichever is later,
      but not in any event after December 31, 1992, or after
      commencement of operation of a regional disposal facility in the
      compact region or State in which such reactor is located,
      whichever occurs first.
      (4) Transferability
        Any commercial nuclear power reactor in a State or compact
      region that is in compliance with the requirements of subsection
      (e) of this section may assign any disposal capacity allocated to
      it under this subsection to any other person in each State or
      compact region. Such assignment may be for valuable consideration
      and shall be in writing, copies of which shall be filed at the
      affected compact commissions and States, along with the
      assignor's unconditional written waiver of the disposal capacity
      being assigned.
      (5) Unusual volumes
        (A) The Secretary may, upon petition by the owner or operator
      of any commercial nuclear power reactor, allocate to such reactor
      disposal capacity in excess of the amount calculated under
      paragraph (1) if the Secretary finds and states in writing his
      reasons for so finding that making additional capacity available
      for such reactor through this paragraph is required to permit
      unusual or unexpected operating, maintenance, repair or safety
      activities.
        (B) The Secretary may not make allocations pursuant to
      subparagraph (A) that would result in the acceptance for disposal
      of more than 800,000 cubic feet of low-level radioactive waste or
      would result in the total of the allocations made pursuant to
      this subsection exceeding 11,900,000 cubic feet over the entire
      seven-year interim access period.
      (6) Limitation
        During the seven-year interim access period referred to in
      subsection (a) of this section, the disposal facilities referred
      to in subsection (b) of this section shall not be required to
      accept more than 11,900,000 cubic feet of low-level radioactive
      waste generated by commercial nuclear power reactors.
    (d) Use of surcharge funds for milestone incentives; consequences
      of failure to meet disposal deadline
      (1) Surcharges
        The disposal of any low-level radioactive waste under this
      section (other than low-level radioactive waste generated in a
      sited compact region) may be charged a surcharge by the State in
      which the applicable regional disposal facility is located, in
      addition to the fees and surcharges generally applicable for
      disposal of low-level radioactive waste in the regional disposal
      facility involved. Except as provided in subsection (e)(2) of
      this section, such surcharges shall not exceed - 
          (A) in 1986 and 1987, $10 per cubic foot of low-level
        radioactive waste;
          (B) in 1988 and 1989, $20 per cubic foot of low-level
        radioactive waste; and
          (C) in 1990, 1991, and 1992, $40 per cubic foot of low-level
        radioactive waste.
      (2) Milestone incentives
        (A) Escrow account
          Twenty-five per centum of all surcharge fees received by a
        State pursuant to paragraph (1) during the seven-year period
        referred to in subsection (a) of this section shall be
        transferred on a monthly basis to an escrow account held by the
        Secretary. The Secretary shall deposit all funds received in a
        special escrow account. The funds so deposited shall not be the
        property of the United States. The Secretary shall act as
        trustee for such funds and shall invest them in interest-
        bearing United States Government Securities with the highest
        available yield. Such funds shall be held by the Secretary
        until - 
            (i) paid or repaid in accordance with subparagraph (B) or
          (C); or
            (ii) paid to the State collecting such fees in accordance
          with subparagraph (F).
        (B) Payments
            (i) July 1, 1986. - The twenty-five per centum of any
          amount collected by a State under paragraph (1) for low-level
          radioactive waste disposed of under this section during the
          period beginning on January 15, 1986, and ending June 30,
          1986, and transferred to the Secretary under subparagraph
          (A), shall be paid by the Secretary in accordance with
          subparagraph (D) if the milestone described in subsection
          (e)(1)(A) of this section is met by the State in which such
          waste originated.
            (ii) January 1, 1988. - The twenty-five per centum of any
          amount collected by a State under paragraph (1) for low-level
          radioactive waste disposed of under this section during the
          period beginning July 1, 1986 and ending December 31, 1987,
          and transferred to the Secretary under subparagraph (A),
          shall be paid by the Secretary in accordance with
          subparagraph (D) if the milestone described in subsection
          (e)(1)(B) of this section is met by the State in which such
          waste originated (or its compact region, where applicable).
            (iii) January 1, 1990. - The twenty-five per centum of any
          amount collected by a State under paragraph (1) for low-level
          radioactive waste disposed of under this section during the
          period beginning January 1, 1988 and ending December 31,
          1989, and transferred to the Secretary under subparagraph
          (A), shall be paid by the Secretary in accordance with
          subparagraph (D) if the milestone described in subsection
          (e)(1)(C) of this section is met by the State in which such
          waste originated (or its compact region, where applicable).
            (iv) The twenty-five per centum of any amount collected by
          a State under paragraph (1) for low-level radioactive waste
          disposed of under this section during the period beginning
          January 1, 1990 and ending December 31, 1992, and transferred
          to the Secretary under subparagrah (!1) (A), shall be paid by
          the Secretary in accordance with subparagraph (D) if, by
          January 1, 1993, the State in which such waste originated (or
          its compact region, where applicable) is able to provide for
          the disposal of all low-level radioactive waste generated
          within such State or compact region.

        (C) Failure to meet January 1, 1993 deadline
          If, by January 1, 1993, a State (or, where applicable, a
        compact region) in which low-level radioactive waste is
        generated is unable to provide for the disposal of all such
        waste generated within such State or compact region - 
            (i) each State in which such waste is generated, upon the
          request of the generator or owner of the waste, shall take
          title to the waste, shall be obligated to take possession of
          the waste, and shall be liable for all damages directly or
          indirectly incurred by such generator or owner as a
          consequence of the failure of the State to take possession of
          the waste as soon after January 1, 1993 as the generator or
          owner notifies the State that the waste is available for
          shipment; or
            (ii) if such State elects not to take title to, take
          possession of, and assume liability for such waste, pursuant
          to clause (i), twenty-five per centum of any amount collected
          by a State under paragraph (1) for low-level radioactive
          waste disposed of under this section during the period
          beginning January 1, 1990 and ending December 31, 1992 shall
          be repaid, with interest, to each generator from whom such
          surcharge was collected. Repayments made pursuant to this
          clause shall be made on a monthly basis, with the first such
          repayment beginning on February 1, 1993, in an amount equal
          to one thirty-sixth of the total amount required to be repaid
          pursuant to this clause, and shall continue until the State
          (or, where applicable, compact region) in which such low-
          level radioactive waste is generated is able to provide for
          the disposal of all such waste generated within such State or
          compact region or until January 1, 1996, whichever is
          earlier.

        If a State in which low-level radioactive waste is generated
        elects to take title to, take possession of, and assume
        liability for such waste pursuant to clause (i), such State
        shall be paid such amounts as are designated in subparagraph
        (B)(iv). If a State (or, where applicable, a compact region) in
        which low-level radioactive waste is generated provides for the
        disposal of such waste at any time after January 1, 1993 and
        prior to January 1, 1996, such State (or, where applicable,
        compact region) shall be paid in accordance with subparagraph
        (D) a lump sum amount equal to twenty-five per centum of any
        amount collected by a State under paragraph (1): Provided,
        however, That such payment shall be adjusted to reflect the
        remaining number of months between January 1, 1993 and January
        1, 1996 for which such State (or, where applicable, compact
        region) provides for the disposal of such waste. If a State
        (or, where applicable, a compact region) in which low-level
        radioactive waste is generated is unable to provide for the
        disposal of all such waste generated within such State or
        compact region by January 1, 1996, each State in which such
        waste is generated, upon the request of the generator or owner
        of the waste, shall take title to the waste, be obligated to
        take possession of the waste, and shall be liable for all
        damages directly or indirectly incurred by such generator or
        owner as a consequence of the failure of the State to take
        possession of the waste as soon after January 1, 1996, as the
        generator or owner notifies the State that the waste is
        available for shipment.
        (D) Recipients of payments
          The payments described in subparagraphs (B) and (C) shall be
        paid within thirty days after the applicable date - 
            (i) if the State in which such waste originated is not a
          member of a compact region, to such State;
            (ii) if the State in which such waste originated is a
          member of the compact region, to the compact commission
          serving such State.
        (E) Uses of payments
          (i) Limitations
            Any amount paid under subparagraphs (B) or (C) may only be
          used to - 
              (I) establish low-level radioactive waste disposal
            facilities;
              (II) mitigate the impact of low-level radioactive waste
            disposal facilities on the host State;
              (III) regulate low-level radioactive waste disposal
            facilities; or
              (IV) ensure the decommissioning, closure, and care during
            the period of institutional control of low-level
            radioactive waste disposal facilities.
          (ii) Reports
            (I) Recipient
              Any State or compact commission receiving a payment under
            subparagraphs (B) or (C) shall, on December 31 of each year
            in which any such funds are expended, submit a report to
            the Department of Energy itemizing any such expenditures.
            (II) Department of Energy
              Not later than six months after receiving the reports
            under subclause (I), the Secretary shall submit to the
            Congress a summary of all such reports that shall include
            an assessment of the compliance of each such State or
            compact commission with the requirements of clause (i).
        (F) Payment to States
          Any amount collected by a State under paragraph (1) that is
        placed in escrow under subparagraph (A) and not paid to a State
        or compact commission under subparagraphs (B) and (C) or not
        repaid to a generator under subparagraph (C) shall be paid from
        such escrow account to such State collecting such payment under
        paragraph (1). Such payment shall be made not later than 30
        days after a determination of ineligibility for a refund is
        made.
        (G) Penalty surcharges
          No rebate shall be made under this subsection of any
        surcharge or penalty surcharge paid during a period of
        noncompliance with subsection (e)(1) of this section.
    (e) Requirements for access to regional disposal facilities
      (1) Requirements for non-sited compact regions and non-member
        States
        Each non-sited compact region, or State that is not a member of
      a compact region that does not have an operating disposal
      facility, shall comply with the following requirements:
          (A) By July 1, 1986, each such non-member State shall ratify
        compact legislation or, by the enactment of legislation or the
        certification of the Governor, indicate its intent to develop a
        site for the location of a low-level radioactive waste disposal
        facility within such State.
          (B) By January 1, 1988
            (i) each non-sited compact region shall identify the State
          in which its low-level radioactive waste disposal facility is
          to be located, or shall have selected the developer for such
          facility and the site to be developed, and each compact
          region or the State in which its low-level radioactive waste
          disposal facility is to be located shall develop a siting
          plan for such facility providing detailed procedures and a
          schedule for establishing a facility location and preparing a
          facility license application and shall delegate authority to
          implement such plan;
            (ii) each non-member State shall develop a siting plan
          providing detailed procedures and a schedule for establishing
          a facility location and preparing a facility license
          application for a low-level radioactive waste disposal
          facility and shall delegate authority to implement such plan;
          and
            (iii) The siting plan required pursuant to this paragraph
          shall include a description of the optimum way to attain
          operation of the low-level radioactive waste disposal
          facility involved, within the time period specified in
          sections 2021b to 2021j of this title. Such plan shall
          include a description of the objectives and a sequence of
          deadlines for all entities required to take action to
          implement such plan, including, to the extent practicable, an
          identification of the activities in which a delay in the
          start, or completion, of such activities will cause a delay
          in beginning facility operation. Such plan shall also
          identify, to the extent practicable, the process for (1)
          screening for broad siting areas; (2) identifying and
          evaluating specific candidate sites; and (3) characterizing
          the preferred site(s), completing all necessary environmental
          assessments, and preparing a license application for
          submission to the Nuclear Regulatory Commission or an
          Agreement State.

          (C) By January 1, 1990
            (i) a complete application (as determined by the Nuclear
          Regulatory Commission or the appropriate agency of an
          agreement State) shall be filed for a license to operate a
          low-level radioactive waste disposal facility within each non-
          sited compact region or within each non-member State; or
            (ii) the Governor (or, for any State without a Governor,
          the chief executive officer) of any State that is not a
          member of a compact region in compliance with clause (i), or
          has not complied with such clause by its own actions, shall
          provide a written certification to the Nuclear Regulatory
          Commission, that such State will be capable of providing for,
          and will provide for, the storage, disposal, or management of
          any low-level radioactive waste generated within such State
          and requiring disposal after December 31, 1992, and include a
          description of the actions that will be taken to ensure that
          such capacity exists.

          (D) By January 1, 1992, a complete application (as determined
        by the Nuclear Regulatory Commission or the appropriate agency
        of an agreement State) shall be filed for a license to operate
        a low-level radioactive waste disposal facility within each non-
        sited compact region or within each non-member State.
          (E) The Nuclear Regulatory Commission shall transmit any
        certification received under subparagraph (C) to the Congress
        and publish any such certification in the Federal Register.
          (F) Any State may, subject to all applicable provisions, if
        any, of any applicable compact, enter into an agreement with
        the compact commission of a region in which a regional disposal
        facility is located to provide for the disposal of all low-
        level radioactive waste generated within such State, and, by
        virtue of such agreement, may, with the approval of the State
        in which the regional disposal facility is located, be deemed
        to be in compliance with subparagraphs (A), (B), (C), and (D).
      (2) Penalties for failure to comply
        (A) By July 1, 1986
          If any State fails to comply with subparagraph (1)(A) - 
            (i) any generator of low-level radioactive waste within
          such region or non-member State shall, for the period
          beginning July 1, 1986, and ending December 31, 1986, be
          charged 2 times the surcharge otherwise applicable under
          subsection (d) of this section; and
            (ii) on or after January 1, 1987, any low-level radioactive
          waste generated within such region or non-member State may be
          denied access to the regional disposal facilities referred to
          in paragraphs (1) through (3) of subsection (b) of this
          section.
        (B) By January 1, 1988
          If any non-sited compact region or non-member State fails to
        comply with paragraph (1)(B) - 
            (i) any generator of low-level radioactive waste within
          such region or non-member State shall - 
              (I) for the period beginning January 1, 1988, and ending
            June 30, 1988, be charged 2 times the surcharge otherwise
            applicable under subsection (d) of this section; and
              (II) for the period beginning July 1, 1988, and ending
            December 31, 1988, be charged 4 times the surcharge
            otherwise applicable under subsection (d) of this section;
            and

            (ii) on or after January 1, 1989, any low-level radioactive
          waste generated within such region or non-member State may be
          denied access to the regional disposal facilities referred to
          in paragraphs (1) through (3) of subsection (b) of this
          section.
        (C) By January 1, 1990
          If any non-sited compact region or non-member State fails to
        comply with paragraph (1)(C), any low-level radioactive waste
        generated within such region or non-member State may be denied
        access to the regional disposal facilities referred to in
        paragraphs (1) through (3) of subsection (b) of this section.
        (D) By January 1, 1992
          If any non-sited compact region or non-member State fails to
        comply with paragraph (1)(D), any generator of low-level
        radioactive waste within such region or non-member State shall,
        for the period beginning January 1, 1992 and ending upon the
        filing of the application described in paragraph (1)(D), be
        charged 3 times the surcharge otherwise applicable under
        subsection (d) of this section.
      (3) Denial of access
        No denial or suspension of access to a regional disposal
      facility under paragraph (2) may be based on the source, class,
      or type of low-level radioactive waste.
      (4) Restoration of suspended access; penalties for failure to
        comply
        Any access to a regional disposal facility that is suspended
      under paragraph (2) shall be restored after the non-sited compact
      region or non-member State involved complies with such
      requirement. Any payment of surcharge penalties pursuant to
      paragraph (2) for failure to comply with the requirements of this
      subsection shall be terminated after the non-sited compact region
      or non-member State involved complies with such requirements.
    (f) Monitoring of compliance and denial of access to non-Federal
      facilities for noncompliance; information requirements of certain
      States; proprietary information
      (1) Administration
        Each State and compact commission in which a regional disposal
      facility referred to in paragraphs (1) through (3) of subsection
      (b) of this section is located shall have authority - 
          (A) to monitor compliance with the limitations, allocations,
        and requirements established in this section; and
          (B) to deny access to any non-Federal low-level radioactive
        waste disposal facilities within its borders to any low-level
        radioactive waste that - 
            (i) is in excess of the limitations or allocations
          established in this section; or
            (ii) is not required to be accepted due to the failure of a
          compact region or State to comply with the requirements of
          subsection (e)(1) of this section.
      (2) Availability of information during interim access period
        (A) The States of South Carolina, Washington, and Nevada may
      require information from disposal facility operators, generators,
      intermediate handlers, and the Department of Energy that is
      reasonably necessary to monitor the availability of disposal
      capacity, the use and assignment of allocations and the
      applicability of surcharges.
        (B) The States of South Carolina, Washington, and Nevada may,
      after written notice followed by a period of at least 30 days,
      deny access to disposal capacity to any generator or intermediate
      handler who fails to provide information under subparagraph (A).
        (C) Proprietary information. - 
          (i) Trade secrets, proprietary and other confidential
        information shall be made available to a State under this
        subsection upon request only if such State - 
            (I) consents in writing to restrict the dissemination of
          the information to those who are directly involved in
          monitoring under subparagraph (A) and who have a need to
          know;
            (II) accepts liability for wrongful disclosure; and
            (III) demonstrates that such information is essential to
          such monitoring.

          (ii) The United States shall not be liable for the wrongful
        disclosure by any individual or State of any information
        provided to such individual or State under this subsection.
          (iii) Whenever any individual or State has obtained
        possession of information under this subsection, the individual
        shall be subject to the same provisions of law with respect to
        the disclosure of such information as would apply to an officer
        or employee of the United States or of any department or agency
        thereof and the State shall be subject to the same provisions
        of law with respect to the disclosure of such information as
        would apply to the United States or any department or agency
        thereof. No State or State officer or employee who receives
        trade secrets, proprietary information, or other confidential
        information under sections 2021b to 2021j of this title may be
        required to disclose such information under State law.
    (g) Nondiscrimination
      Except as provided in subsections (b) through (e) of this
    section, low-level radioactive waste disposed of under this section
    shall be subject without discrimination to all applicable legal
    requirements of the compact region and State in which the disposal
    facility is located as if such low-level radioactive waste were
    generated within such compact region.

-SOURCE-
    (Pub. L. 96-573, Sec. 5, as added Pub. L. 99-240, title I, Sec.
    102, Jan. 15, 1986, 99 Stat. 1846.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Low-Level Radioactive Waste
    Policy Act, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-FOOTNOTE-
    (!1) So in original. Probably should be "subparagraph".

-End-

-CITE-
    42 USC Sec. 2021f                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2021f. Emergency access

-STATUTE-
    (a) In general
      The Nuclear Regulatory Commission may grant emergency access to
    any regional disposal facility or non-Federal disposal facility
    within a State that is not a member of a compact for specific low-
    level radioactive waste, if necessary to eliminate an immediate
    and serious threat to the public health and safety or the common
    defense and security. The procedure for granting emergency access
    shall be as provided in this section.
    (b) Request for emergency access
      Any generator of low-level radioactive waste, or any Governor
    (or, for any State without a Governor, the chief executive officer
    of the State) on behalf of any generator or generators located in
    his or her State, may request that the Nuclear Regulatory
    Commission grant emergency access to a regional disposal facility
    or a non-Federal disposal facility within a State that is not a
    member of a compact for specific low-level radioactive waste. Any
    such request shall contain any information and certifications the
    Nuclear Regulatory Commission may require.
    (c) Determination of Nuclear Regulatory Commission
      (1) Required determination
        Not later than 45 days after receiving a request under
      subsection (b) of this section, the Nuclear Regulatory Commission
      shall determine whether - 
          (A) emergency access is necessary because of an immediate and
        serious threat to the public health and safety or the common
        defense and security; and
          (B) the threat cannot be mitigated by any alternative
        consistent with the public health and safety, including storage
        of low-level radioactive waste at the site of generation or in
        a storage facility obtaining access to a disposal facility by
        voluntary agreement, purchasing disposal capacity available for
        assignment pursuant to section 2021e(c) of this title or
        ceasing activities that generate low-level radioactive waste.
      (2) Required notification
        If the Nuclear Regulatory Commission makes the determinations
      required in paragraph (1) in the affirmative, it shall designate
      an appropriate non-Federal disposal facility or facilities, and
      notify the Governor (or chief executive officer) of the State in
      which such facility is located and the appropriate compact
      commission that emergency access is required. Such notification
      shall specifically describe the low-level radioactive waste as to
      source, physical and radiological characteristics, and the
      minimum volume and duration, not exceeding 180 days, necessary to
      alleviate the immediate threat to public health and safety or the
      common defense and security. The Nuclear Regulatory Commission
      shall also notify the Governor (or chief executive officer) of
      the State in which the low-level radioactive waste requiring
      emergency access was generated that emergency access has been
      granted and that, pursuant to subsection (e) of this section, no
      extension of emergency access may be granted absent diligent
      State action during the period of the initial grant.
    (d) Temporary emergency access
      Upon determining that emergency access is necessary because of an
    immediate and serious threat to the public health and safety or the
    common defense and security, the Nuclear Regulatory Commission may
    at its discretion grant temporary emergency access, pending its
    determination whether the threat could be mitigated by any
    alternative consistent with the public health and safety. In
    granting access under this subsection, the Nuclear Regulatory
    Commission shall provide the same notification and information
    required under subsection (c) of this section. Absent a
    determination that no alternative consistent with the public health
    and safety would mitigate the threat, access granted under this
    subsection shall expire 45 days after the granting of temporary
    emergency access under this subsection.
    (e) Extension of emergency access
      The Nuclear Regulatory Commission may grant one extension of
    emergency access beyond the period provided in subsection (c) of
    this section, if it determines that emergency access continues to
    be necessary because of an immediate and serious threat to the
    public health and safety or the common defense and security that
    cannot be mitigated by any alternative consistent with the public
    health and safety, and that the generator of low-level radioactive
    waste granted emergency access and the State in which such low-
    level radioactive waste was generated have diligently though
    unsuccessfully acted during the period of the initial grant to
    eliminate the need for emergency access. Any extension granted
    under this subsection shall be for the minimum volume and duration
    the Nuclear Regulatory Commission finds necessary to eliminate the
    immediate threat to public health and safety or the common defense
    and security, and shall not in any event exceed 180 days.
    (f) Reciprocal access
      Any compact region or State not a member of a compact that
    provides emergency access to non-Federal disposal facilities within
    its borders shall be entitled to reciprocal access to any
    subsequently operating non-Federal disposal facility that serves
    the State or compact region in which low-level radioactive waste
    granted emergency access was generated. The compact commission or
    State having authority to approve importation of low-level
    radioactive waste to the disposal facility to which emergency
    access was granted shall designate for reciprocal access an equal
    volume of low-level radioactive waste having similar
    characteristics to that provided emergency access.
    (g) Approval by compact commission
      Any grant of access under this section shall be submitted to the
    compact commission for the region in which the designated disposal
    facility is located for such approval as may be required under the
    terms of its compact. Any such compact commission shall act to
    approve emergency access not later than 15 days after receiving
    notification from the Nuclear Regulatory Commission, or reciprocal
    access not later than 15 days after receiving notification from the
    appropriate authority under subsection (f) of this section.
    (h) Limitations
      No State shall be required to provide emergency or reciprocal
    access to any regional disposal facility within its borders for low-
    level radioactive waste not meeting criteria established by the
    license or license agreement of such facility, or in excess of the
    approved capacity of such facility, or to delay the closing of any
    such facility pursuant to plans established before receiving a
    request for emergency or reciprocal access. No State shall, during
    any 12-month period, be required to provide emergency or reciprocal
    access to any regional disposal facility within its borders for
    more than 20 percent of the total volume of low-level radioactive
    waste accepted for disposal at such facility during the previous
    calendar year.
    (i) Volume reduction and surcharges
      Any low-level radioactive waste delivered for disposal under this
    section shall be reduced in volume to the maximum extent
    practicable and shall be subject to surcharges established in
    sections 2021b to 2021j of this title.
    (j) Deduction from allocation
      Any volume of low-level radioactive waste granted emergency or
    reciprocal access under this section, if generated by any
    commercial nuclear power reactor, shall be deducted from the low-
    level radioactive waste volume allocable under section 2021e(c) of
    this title.
    (k) Agreement States
      Any agreement under section 2021 of this title shall not be
    applicable to the determinations of the Nuclear Regulatory
    Commission under this section.

-SOURCE-
    (Pub. L. 96-573, Sec. 6, as added Pub. L. 99-240, title I, Sec.
    102, Jan. 15, 1986, 99 Stat. 1855.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Low-Level Radioactive Waste
    Policy Act, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-End-

-CITE-
    42 USC Sec. 2021g                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2021g. Responsibilities of Department of Energy

-STATUTE-
    (a) Financial and technical assistance
      The Secretary shall, to the extent provided in appropriations
    Act, provide to those compact regions, host States, and nonmember
    States detemined (!1) by the Secretary to require assistance for
    purposes of carrying out sections 2021b to 2021j of this title - 

        (1) continuing technical assistance to assist them in
      fulfilling their responsibilities under sections 2021b to 2021j
      of this title. Such technical assistance shall include, but not
      be limited to, technical guidelines for site selection,
      alternative technologies for low-level radioactive waste
      disposal, volume reduction options, management techniques to
      reduce low-level waste generation, transportation practices for
      shipment of low-level wastes, health and safety considerations in
      the storage, shipment and disposal of low-level radioactive
      wastes, and establishment of a computerized data-base to monitor
      the management of low-level radioactive wastes; and
        (2) through the end of fiscal year 1993, financial assistance
      to assist them in fulfilling their responsibilities under
      sections 2021b to 2021j of this title.
    (b) Omitted

-SOURCE-
    (Pub. L. 96-573, Sec. 7, as added Pub. L. 99-240, title I, Sec.
    102, Jan. 15, 1986, 99 Stat. 1858.)

-COD-
                               CODIFICATION                           
      Subsec. (b) of this section, which required the Secretary to
    prepare and submit to Congress on an annual basis a report on low-
    level waste disposal, terminated, effective May 15, 2000, pursuant
    to section 3003 of Pub. L. 104-66, as amended, set out as a note
    under section 1113 of Title 31, Money and Finance. See, also, item
    2 on page 84 of House Document No. 103-7.
      Section was enacted as part of the Low-Level Radioactive Waste
    Policy Act, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-FOOTNOTE-
    (!1) So in original. Probably should be "determined".

-End-

-CITE-
    42 USC Sec. 2021h                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2021h. Alternative disposal methods

-STATUTE-
      (a) Not later than 12 months after January 15, 1986, the Nuclear
    Regulatory Commission shall, in consultation with the States and
    other interested persons, identify methods for the disposal of low-
    level radioactive waste other than shallow land burial, and
    establish and publish technical guidance regarding licensing of
    facilities that use such methods.
      (b) Not later than 24 months after January 15, 1986, the
    Commission shall, in consultation with the States and other
    interested persons, identify and publish all relevant technical
    information regarding the methods identified pursuant to subsection
    (a) of this section that a State or compact must provide to the
    Commission in order to pursue such methods, together with the
    technical requirements that such facilities must meet, in the
    judgment of the Commission, if pursued as an alternative to shallow
    land burial. Such technical information and requirements shall
    include, but need not be limited to, site suitability, site design,
    facility operation, disposal site closure, and environmental
    monitoring, as necessary to meet the performance objectives
    established by the Commission for a licensed low-level radioactive
    waste disposal facility. The Commission shall specify and publish
    such requirements in a manner and form deemed appropriate by the
    Commission.

-SOURCE-
    (Pub. L. 96-573, Sec. 8, as added Pub. L. 99-240, title I, Sec.
    102, Jan. 15, 1986, 99 Stat. 1858.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Low-Level Radioactive Waste
    Policy Act, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-End-

-CITE-
    42 USC Sec. 2021i                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2021i. Licensing review and approval

-STATUTE-
      In order to ensure the timely development of new low-level
    radioactive waste disposal facilities, the Nuclear Regulatory
    Commission or, as appropriate, agreement States, shall consider an
    application for a disposal facility license in accordance with the
    laws applicable to such application, except that the Commission and
    the agreement state (!1) shall - 

        (1) not later than 12 months after January 15, 1986, establish
      procedures and develop the technical capability for processing
      applications for such licenses;
        (2) to the extent practicable, complete all activities
      associated with the review and processing of any application for
      such a license (except for public hearings) no later than 15
      months after the date of receipt of such application; and
        (3) to the extent practicable, consolidate all required
      technical and environmental reviews and public hearings.

-SOURCE-
    (Pub. L. 96-573, Sec. 9, as added Pub. L. 99-240, title I, Sec.
    102, Jan. 15, 1986, 99 Stat. 1859.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Low-Level Radioactive Waste
    Policy Act, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-FOOTNOTE-
    (!1) So in original. Probably should be "States".

-End-

-CITE-
    42 USC Sec. 2021j                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2021j. Radioactive waste below regulatory concern

-STATUTE-
      (a) Not later than 6 months after January 15, 1986, the
    Commission shall establish standards and procedures, pursuant to
    existing authority, and develop the technical capability for
    considering and acting upon petitions to exempt specific
    radioactive waste streams from regulation by the Commission due to
    the presence of radionuclides in such waste streams in sufficiently
    low concentrations or quantities as to be below regulatory concern.
      (b) The standards and procedures established by the Commission
    pursuant to subsection (a) of this section shall set forth all
    information required to be submitted to the Commission by licensees
    in support of such petitions, including, but not limited to - 
        (1) a detailed description of the waste materials, including
      their origin, chemical composition, physical state, volume, and
      mass; and
        (2) the concentration or contamination levels, half-lives, and
      identities of the radionuclides present.

    Such standards and procedures shall provide that, upon receipt of a
    petition to exempt a specific radioactive waste stream from
    regulation by the Commission, the Commission shall determine in an
    expeditious manner whether the concentration or quantity of
    radionuclides present in such waste stream requires regulation by
    the Commission in order to protect the public health and safety.
    Where the Commission determines that regulation of a radioactive
    waste stream is not necessary to protect the public health and
    safety, the Commission shall take such steps as may be necessary,
    in an expeditious manner, to exempt the disposal of such
    radioactive waste from regulation by the Commission.

-SOURCE-
    (Pub. L. 96-573, Sec. 10, as added Pub. L. 99-240, title I, Sec.
    102, Jan. 15, 1986, 99 Stat. 1859.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Low-Level Radioactive Waste
    Policy Act, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-End-

-CITE-
    42 USC Sec. 2022                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2022. Health and environmental standards for uranium mill
      tailings

-STATUTE-
    (a) Promulgation and revision of rules for protection from hazards
      at inactive or depository sites
      As soon as practicable, but not later than October 1, 1982, the
    Administrator of the Environmental Protection Agency (hereinafter
    referred to in this section as the "Administrator") shall, by rule,
    promulgate standards of general application (including standards
    applicable to licenses under section 104(h) of the Uranium Mill
    Tailings Radiation Control Act of 1978 [42 U.S.C. 7914(h)]) for the
    protection of the public health, safety, and the environment from
    radiological and nonradiological hazards associated with residual
    radioactive materials (as defined in section 101 of the Uranium
    Mill Tailings Radiation Control Act of 1978 [42 U.S.C. 7911])
    located at inactive uranium mill tailings sites and depository
    sites for such materials selected by the Secretary of Energy,
    pursuant to title I of the Uranium Mill Tailings Radiation Control
    Act of 1978 [42 U.S.C. 7911 et seq.]. Standards promulgated
    pursuant to this subsection shall, to the maximum extent
    practicable, be consistent with the requirements of the Solid Waste
    Disposal Act, as amended [42 U.S.C. 6901 et seq.]. In establishing
    such standards, the Administrator shall consider the risk to the
    public health, safety, and the environment, the environmental and
    economic costs of applying such standards, and such other factors
    as the Administrator determines to be appropriate. The
    Administrator may periodically revise any standard promulgated
    pursuant to this subsection. After October 1, 1982, if the
    Administrator has not promulgated standards in final form under
    this subsection, any action of the Secretary of Energy under title
    I of the Uranium Mill Tailings Radiation Control Act of 1978 which
    is required to comply with, or be taken in accordance with,
    standards of the Administrator shall comply with, or be taken in
    accordance with, the standards proposed by the Administrator under
    this subsection until such time as the Administrator promulgates
    such standards in final form.
    (b) Promulgation and revision of rules for protection from hazards
      at processing or disposal sites
      (1) As soon as practicable, but not later than October 31, 1982,
    the Administrator shall, by rule, propose, and within 11 months
    thereafter promulgate in final form, standards of general
    application for the protection of the public health, safety, and
    the environment from radiological and nonradiological hazards
    associated with the processing and with the possession, transfer,
    and disposal of byproduct material, as defined in section
    2014(e)(2) of this title, at sites at which ores are processed
    primarily for their source material content or which are used for
    the disposal of such byproduct material. If the Administrator fails
    to promulgate standards in final form under this subsection by
    October 1, 1983, the authority of the Administrator to promulgate
    such standards shall terminate, and the Commission may take actions
    under this chapter without regard to any provision of this chapter
    requiring such actions to comply with, or be taken in accordance
    with, standards promulgated by the Administrator. In any such case,
    the Commission shall promulgate, and from time to time revise, any
    such standards of general application which the Commission deems
    necessary to carry out its responsibilities in the conduct of its
    licensing activities under this chapter. Requirements established
    by the Commission under this chapter with respect to byproduct
    material as defined in section 2014(e)(2) of this title shall
    conform to such standards. Any requirements adopted by the
    Commission respecting such byproduct material before promulgation
    by the Commission of such standards shall be amended as the
    Commission deems necessary to conform to such standards in the same
    manner as provided in subsection (f)(3) of this section. Nothing in
    this subsection shall be construed to prohibit or suspend the
    implementation or enforcement by the Commission of any requirement
    of the Commission respecting byproduct material as defined in
    section 2014(e)(2) of this title pending promulgation by the
    Commission of any such standard of general application. In
    establishing such standards, the Administrator shall consider the
    risk to the public health, safety, and the environment, the
    environmental and economic costs of applying such standards, and
    such other factors as the Administrator determines to be
    appropriate.
      (2) Such generally applicable standards promulgated pursuant to
    this subsection for nonradiological hazards shall provide for the
    protection of human health and the environment consistent with the
    standards required under subtitle C of the Solid Waste Disposal
    Act, as amended [42 U.S.C. 6921 et seq.], which are applicable to
    such hazards: Provided, however, That no permit issued by the
    Administrator is required under this chapter or the Solid Waste
    Disposal Act, as amended [42 U.S.C. 6901 et seq.], for the
    processing, possession, transfer, or disposal of byproduct
    material, as defined in section 2014(e)(2) of this title. The
    Administrator may periodically revise any standard promulgated
    pursuant to this subsection. Within three years after such revision
    of any such standard, the Commission and any State permitted to
    exercise authority under section 2021(b)(2) of this title shall
    apply such revised standard in the case of any license for
    byproduct material as defined in section 2014(e)(2) of this title
    or any revision thereof.
    (c) Publication in Federal Register; notice and hearing;
      consultations; judicial review; time for petition; venue; copy to
      Administrator; record; administrative jurisdiction; review by
      Supreme Court; effective date of rule
      (1) Before the promulgation of any rule pursuant to this section,
    the Administrator shall publish the proposed rule in the Federal
    Register, together with a statement of the research, analysis, and
    other available information in support of such proposed rule, and
    provide a period of public comment of at least thirty days for
    written comments thereon and an opportunity, after such comment
    period and after public notice, for any interested person to
    present oral data, views, and arguments at a public hearing. There
    shall be a transcript of any such hearing. The Administrator shall
    consult with the Commission and the Secretary of Energy before
    promulgation of any such rule.
      (2) Judicial review of any rule promulgated under this section
    may be obtained by any interested person only upon such person
    filing a petition for review within sixty days after such
    promulgation in the United States court of appeals for the Federal
    judicial circuit in which such person resides or has his principal
    place of business. A copy of the petition shall be forthwith
    transmitted by the clerk of court to the Administrator. The
    Administrator thereupon shall file in the court the written
    submissions to, and transcript of, the written or oral proceedings
    on which such rule was based as provided in section 2112 of title
    28. The court shall have jurisdiction to review the rule in
    accordance with chapter 7 of title 5 and to grant appropriate
    relief as provided in such chapter. The judgement of the court
    affirming, modifying, or setting aside, in whole or in part, any
    such rule shall be final, subject to judicial review by the Supreme
    Court of the United States upon certiorari or certification as
    provided in section 1254 of title 28.
      (3) Any rule promulgated under this section shall not take effect
    earlier than sixty calendar days after such promulgation.
    (d) Federal and State implementation and enforcement
      Implementation and enforcement of the standards promulgated
    pursuant to subsection (b) of this section shall be the
    responsibility of the Commission in the conduct of its licensing
    activities under this chapter. States exercising authority pursuant
    to section 2021(b)(2) of this title shall implement and enforce
    such standards in accordance with subsection (o) of such section.
    (e) Other authorities of Administrator unaffected
      Nothing in this chapter applicable to byproduct material, as
    defined in section 2014(e)(2) of this title, shall affect the
    authority of the Administrator under the Clean Air Act of 1970, as
    amended [42 U.S.C. 7401 et seq.], or the Federal Water Pollution
    Control Act, as amended [33 U.S.C. 1251 et seq.].
    (f) Implementation or enforcement of Uranium Mill Licensing
      Requirements
      (1) Prior to January 1, 1983, the Commission shall not implement
    or enforce the provisions of the Uranium Mill Licensing
    Requirements published as final rules at 45 Federal Register 65521
    to 65538 on October 3, 1980 (hereinafter in this subsection
    referred to as the "October 3 regulations"). After December 31,
    1982, the Commission is authorized to implement and enforce the
    provisions of such October 3 regulations (and any subsequent
    modifications or additions to such regulations which may be adopted
    by the Commission), except as otherwise provided in paragraphs (2)
    and (3) of this subsection.
      (2) Following the proposal by the Administrator of standards
    under subsection (b) of this section, the Commission shall review
    the October 3 regulations, and, not later than 90 days after the
    date of such proposal, suspend implementation and enforcement of
    any provision of such regulations which the Commission determines
    after notice and opportunity for public comment to require a major
    action or major commitment by licensees which would be unnecessary
    if - 
        (A) the standards proposed by the Administrator are promulgated
      in final form without modification, and
        (B) the Commission's requirements are modified to conform to
      such standards.

    Such suspension shall terminate on the earlier of April 1, 1984 or
    the date on which the Commission amends the October 3 regulations
    to conform to final standards promulgated by the Administrator
    under subsection (b) of this section. During the period of such
    suspension, the Commission shall continue to regulate byproduct
    material (as defined in section 2014(e)(2) of this title) under
    this chapter on a licensee-by-licensee basis as the Commission
    deems necessary to protect public health, safety, and the
    environment.
      (3) Not later than 6 months after the date on which the
    Administrator promulgates final standards pursuant to subsection
    (b) of this section, the Commission shall, after notice and
    opportunity for public comment, amend the October 3 regulations,
    and adopt such modifications, as the Commission deems necessary to
    conform to such final standards of the Administrator.
      (4) Nothing in this subsection may be construed as affecting the
    authority or responsibility of the Commission under section 2114 of
    this title to promulgate regulations to protect the public health
    and safety and the environment.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 275, as added Pub. L. 95-604,
    title II, Sec. 206(a), Nov. 8, 1978, 92 Stat. 3039; amended Pub. L.
    97-415, Secs. 18(a), 22(b), Jan. 4, 1983, 96 Stat. 2077, 2080;
    renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.
    24, 1992, 106 Stat. 2944.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Uranium Mill Tailings Radiation Control Act of 1978, referred
    to in subsec. (a), is Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3021,
    as amended. Title I of such act is classified generally to
    subchapter I (Sec. 7911 et seq.) of chapter 88 of this title. For
    complete classification of this act to the Code, see Short Title
    note set out under section 7901 of this title and Tables.
      The Solid Waste Disposal Act, as amended, referred to in subsecs.
    (a) and (b)(2), is title II of Pub. L. 89-272, as amended generally
    by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is
    classified generally to chapter 82 (Sec. 6901 et seq.) of this
    title. Subtitle C of the Solid Waste Disposal Act is classified
    generally to subchapter III (Sec. 6921 et seq.) of chapter 82 of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 6901 of this title and
    Tables.
      The Clean Air Act of 1970, as amended, referred to in subsec.
    (e), probably means the Clean Air Act, which is act July 14, 1955,
    ch. 360, 69 Stat. 322, as amended, which is classified generally to
    chapter 85 (Sec. 7401 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7401 of this title and Tables.
      The Federal Water Pollution Control Act, as amended, referred to
    in subsec. (e), is act June 30, 1948, ch. 758, as amended generally
    by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is
    classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,
    Navigation and Navigable Waters. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1251 of Title 33 and Tables.

-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (a). Pub. L. 97-415, Secs. 18(a)(1), 22(b)(1),
    substituted "October 1, 1982" for "one year after November 8, 1978"
    inserted provisions relating to the application of the
    Administrator's proposed standards to actions by the Secretary of
    Energy in the event the Administrator fails to promulgate standards
    in final form after Oct. 1, 1982, and inserted provisions that in
    establishing standards, the Administrator shall consider risk to
    public health, safety, and the environment, environmental and
    economic costs of applying such standards, and such other factors
    as the Administrator determines to be appropriate.
      Subsec. (b)(1). Pub. L. 97-415, Secs. 18(a)(2), (3), 22(b)(2),
    substituted "October 31, 1982, the Administrator shall, by rule,
    propose, and within 11 months thereafter promulgate in final form,"
    for "eighteen months after November 8, 1978, the Administrator
    shall, by rule, promulgate" inserted provisions relating to the
    consequences of failure by the Administrator to promulgate
    standards in final form by Oct. 1, 1983, and inserted provisions
    that in establishing standards, the Administrator shall consider
    risk to public health, safety, and the environment, environmental
    and economic costs of applying such standards, and such other
    factors as the Administrator determines to be appropriate.
      Subsec. (f). Pub. L. 97-415, Sec. 18(a)(4), added subsec. (f).

                              EFFECTIVE DATE                          
      Section effective Nov. 8, 1978, see section 208 of Pub. L. 95-
    604, set out as an Effective Date of 1978 Amendment note under
    section 2014 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2023                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2023. State authority to regulate radiation below level of
      regulatory concern of Nuclear Regulatory Commission

-STATUTE-
    (a) In general
      No provision of this chapter, or of the Low-Level Radioactive
    Waste Policy Act [42 U.S.C. 2021b et seq.], may be construed to
    prohibit or otherwise restrict the authority of any State to
    regulate, on the basis of radiological hazard, the disposal or off-
    site incineration of low-level radioactive waste, if the Nuclear
    Regulatory Commission, after October 24, 1992, exempts such waste
    from regulation.
    (b) Relation to other State authority
      This section may not be construed to imply preemption of existing
    State authority. Except as expressly provided in subsection (a) of
    this section, this section may not be construed to confer on any
    State any additional authority to regulate activities licensed by
    the Nuclear Regulatory Commission.
    (c) Definitions
      For purposes of this section:
        (1) The term "low-level radioactive waste" means radioactive
      material classified by the Nuclear Regulatory Commission as low-
      level radioactive waste on October 24, 1992.
        (2) The term "off-site incineration" means any incineration of
      radioactive materials at a facility that is located off the site
      where such materials were generated.
        (3) The term "State" means each of the several States, the
      District of Columbia, and any commonwealth, territory, or
      possession of the United States.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 276, as added Pub. L. 102-
    486, title XXIX, Sec. 2901(a), Oct. 24, 1992, 106 Stat. 3122.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Low-Level Radioactive Waste Policy Act, referred to in
    subsec. (a), is Pub. L. 96-573, as amended generally by Pub. L. 99-
    240, title I, Sec. 102, Jan. 15, 1986, 99 Stat. 1842, which is
    classified generally to section 2021b et seq. of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 2021b of this title and Tables.

-End-

-CITE-
    42 USC SUBCHAPTER II - ORGANIZATION                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER II - ORGANIZATION

-HEAD-
                       SUBCHAPTER II - ORGANIZATION                   

-End-

-CITE-
    42 USC Secs. 2031, 2032                                     01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER II - ORGANIZATION

-HEAD-
    Secs. 2031, 2032. Repealed. Pub. L. 93-438, title I, Sec. 104(a),
      Oct. 11, 1974, 88 Stat. 1237

-MISC1-
      Section 2031, act Aug. 1, 1946, ch. 724, Sec. 21, as added Aug.
    30, 1954, ch. 1073, Sec. 1, 68 Stat. 924; amended Aug. 9, 1955, ch.
    697, Sec. 3, 69 Stat. 630, provided for establishment of Atomic
    Energy Commission, its composition, Chairman, acting Chairman,
    quorum, official spokesman, and seal.
      Provisions similar to section 2031 were contained in section
    1802(a)(1) of this title prior to the general amendment and
    renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68
    Stat. 921.
      Section 2032, act Aug. 1, 1946, ch. 724, Sec. 22, as added Aug.
    30, 1954, ch. 1073, Sec. 1, 68 Stat. 924; amended Sept. 4, 1957,
    Pub. L. 85-287, Sec. 1, 71 Stat. 612; Aug. 14, 1964, Pub. L. 88-
    426, title III, Sec. 305(10)(A), 78 Stat. 423, provided for
    appointment of members of Commission, terms of office, and
    prohibition from engaging in any other vocation, business, or
    employment, by the members.
      Provisions similar to section 2032 were contained in section
    1802(a)(2) of this title prior to the general amendment and
    renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68
    Stat. 921.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective 120 days after Oct. 11, 1974, or on such earlier
    date as the President may prescribe and publish in the Federal
    Register, see section 312(a) of Pub. L. 93-438, set out as a note
    under section 5801 of this title.

-EXEC-
    EX. ORD. NO. 9816. TRANSFER OF PROPERTY AND PERSONNEL TO THE ATOMIC
                             ENERGY COMMISSION
      Ex. Ord. No. 9816, eff. Dec. 31, 1946, 12 F.R. 37, provided:
      By virtue of the authority vested in me by the Constitution and
    the statutes, including the Atomic Energy Act of 1946 [this
    chapter], and as President of the United States and Commander in
    Chief of the Army and the Navy, it is hereby ordered and directed
    as follows:
      1. There are transferred to the Atomic Energy Commission all
    interests owned by the United States or any Government agency in
    the following property:
      (a) All fissionable material; all atomic weapons and parts
    thereof; all facilities, equipment, and materials for the
    processing, production, or utilization of fissionable material or
    atomic energy; all processes and technical information of any kind,
    and the source thereof (including data, drawings, specifications,
    patents, patent applications, and other sources) relating to the
    processing, production, or utilization of fissionable material or
    atomic energy; and all contracts, agreements, leases, patents,
    applications for patents, inventions and discoveries (whether
    patented or unpatented), and other rights of any kind concerning
    any such items.
      (b) All facilities, equipment, and materials, devoted primarily
    to atomic energy research and development.
      2. There also are transferred to the Atomic Energy Commission all
    property, real or personal, tangible or intangible, including
    records, owned by or in the possession, custody or control of the
    Manhattan Engineer District, War Department, in addition to the
    property described in paragraph 1 above. Specific items of such
    property, including records, may be excepted from transfer to the
    Commission in the following manner:
      (a) The Secretary of War shall notify the Commission in writing
    as to the specific items of property or records he wishes to
    except; and
      (b) If after full examination of the facts by the Commission, it
    concurs in the exception, those specific items of property or
    records shall be excepted from transfer to the Commission; or
      (c) If after full examination of the facts by the Commission, it
    does not concur in the exception, the matter shall be referred to
    the President for decision.
      3. The Atomic Energy Commission shall exercise full jurisdiction
    over all interests and property transferred to the Commission in
    paragraphs 1 and 2 above, in accordance with the provisions of the
    Atomic Energy Act of 1946 [this chapter].
      4. Any Government agency is authorized to transfer to the Atomic
    Energy Commission, at the request of the Commission, any property,
    real or personal, tangible or intangible, acquired or used by such
    Government agency in connection with any of the property or
    interests transferred to the Commission by paragraphs 1 and 2
    above.
      5. Each Government agency shall supply the Atomic Energy
    Commission with a report on, and an accounting and inventory of,
    all interests and property, described in paragraphs 1, 2 and 4
    above, owned by or in the possession, custody, or control of such
    Government agency, the form and detail of such report, accounting
    and inventory, to be determined by mutual agreement, or, in case of
    nonagreement, by the Director of the Bureau of the Budget.
      6. (a) There also are transferred to the Atomic Energy
    Commission, all civilian officers and employees of the Manhattan
    Engineer District, War Department, except that the Commission and
    the Secretary of War may by mutual agreement exclude any of such
    personnel from transfer to the Commission.
      (b) The military and naval personnel heretofore assigned or
    detailed to the Manhattan Engineer District. War Department, shall
    continue to be made available to the Commission, for military and
    naval duty, in similar manner, without prejudice, to the military
    or naval status of such personnel, for such periods of time as may
    be agreed mutually by the Commission and the Secretary of War or
    the Secretary of the Navy.
      7. The assistance and the services, personal or other, including
    the use of property, heretofore made available by any Government
    agency to the Manhattan Engineer District, War Department, shall be
    made available to the Atomic Energy Commission for the same
    purposes as heretofore and under the arrangements now existing
    until terminated after 30 days notice given by the Commission or by
    the Government agency concerned in each case.
      8. The Commission is authorized to exercise all of the powers and
    functions vested in the Secretary of War by Executive Order No.
    9001, of December 27, 1941, as amended, in so far as they relate to
    contracts heretofore made by or hereby transferred to the
    Commission.
      9. Such further measures and dispositions as may be determined by
    the Atomic Energy Commission and any Government agency concerned to
    be necessary to effectuate the transfers authorized or directed by
    this order shall be carried out in such manner as the Director of
    the Bureau of the Budget may direct and by such agencies as he may
    designate.
      10. This order shall be effective as of midnight, December 31,
    1946.
      Ex. Ord. No. 9816, was amended by Ex. Ord. No. 10657, Feb. 15,
    1956, 21 F.R. 1063, and Ex. Ord. No. 11105, Apr. 19, 1963, 28 F.R.
    3909, formerly set out as notes under section 2313 of this title,
    to the extent that it may be inconsistent with such Executive
    orders.

    EX. ORD. NO. 9829. EXTENSION OF EXECUTIVE ORDER NO. 9177 TO ATOMIC
                             ENERGY COMMITTEE
      Ex. Ord. No. 9829, eff. Feb. 21, 1947, 12 F.R. 1259, provided:
      By virtue of the authority vested in me by the Constitution and
    laws of the United States, and particularly by Title I of the First
    War Powers Act, 1941, approved December 18, 1941 (55 Stat. 838),
    and in the interest of the internal management of the Government, I
    hereby extend the provisions of Executive Order No. 9177 of May 30,
    1942 (7 F.R. 4195), to the United States Atomic Energy Commission;
    and, subject to the limitations contained in that order, I hereby
    authorize the United States Atomic Energy Commission to perform and
    exercise all of the functions and powers vested in and granted to
    the Secretary of War, the Secretary of the Treasury, the Secretary
    of Agriculture, and the Reconstruction Finance Corporation by that
    order.
      This order shall be applicable to articles entered for
    consumption, or withdrawn from warehouse for consumption, on or
    after January 1, 1947.

-End-

-CITE-
    42 USC Sec. 2033                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER II - ORGANIZATION

-HEAD-
    Sec. 2033. Principal office

-STATUTE-
      The principal office of the Commission shall be in or near the
    District of Columbia, but the Commission or any duly authorized
    representative may exercise any or all of its powers in any place;
    however, the Commission shall maintain an office for the service of
    process and papers within the District of Columbia.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 23, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 925; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1802(a)(3) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-MISC2-
                 EXPENSES FOR MOVE TO NEW PRINCIPAL OFFICE             
      Pub. L. 85-162, title I, Sec. 109, Aug. 21, 1957, 71 Stat. 407,
    as amended by Pub. L. 85-590, Sec. 108, Aug. 4, 1958, 72 Stat. 493,
    authorized the Commission to use its funds for the payment for
    travel and transportation expenses in connection with the
    relocation of residence of employees in order to facilitate
    retention and relocation of Commission headquarter employees.

-End-

-CITE-
    42 USC Sec. 2034                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER II - ORGANIZATION

-HEAD-
    Sec. 2034. General Manager, Deputy and Assistant General Managers

-STATUTE-
      There is established within the Commission - 
      (a) General Manager; chief executive officer; duties;
        appointment; removal
        a General manager, who shall be the chief executive officer of
      the Commission, and who shall discharge such of the
      administrative and executive functions of the Commission as the
      Commission may direct. The General Manager shall be appointed by
      the Commission, shall serve at the pleasure of the Commission and
      shall be removable by the Commission.
      (b) Deputy General Manager; duties; appointment; removal
        a Deputy General Manager, who shall act in the stead of the
      General Manager during his absence when so directed by the
      General Manager, and who shall perform such other administrative
      and executive functions as the General Manager shall direct. The
      Deputy General Manager shall be appointed by the General Manager
      with the approval of the Commission, shall serve at the pleasure
      of the General Manager, and shall be removable by the General
      Manager.
      (c) Assistant General Managers; duties; appointment; removal
        Assistant General Managers, or their equivalents (not to exceed
      a total of three positions), who shall perform such
      administrative and executive functions as the General Manager
      shall direct. They shall be appointed by the General Manager with
      the approval of the Commission, shall serve at the pleasure of
      the General Manager, and shall be removable by the General
      Manager.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 24, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 925; amended Pub. L. 85-287, Sec. 2,
    Sept. 4, 1957, 71 Stat. 612; Pub. L. 88-426, title III, Sec.
    306(f)(1)-(3), Aug. 14, 1964, 78 Stat. 429; renumbered title I,
    Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
    2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1802(a)(4)(A) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      1964 - Subsec. (a). Pub. L. 88-426, Sec. 306(f)(1), struck out
    provisions which prescribed the compensation of the General
    Manager. Such compensation is now prescribed by section 5315 of
    Title 5, Government Organization and Employees.
      Subsec. (b). Pub. L. 88-426, Sec. 306(f)(2), struck out
    provisions which prescribed the compensation of the Deputy General
    Manager. Such compensation is now prescribed by section 5316 of
    Title 5, Government Organization and Employees.
      Subsec. (c). Pub. L. 88-426, Sec. 306(f)(3), struck out
    provisions which prescribed the compensation of the Assistant
    General Managers. Such compensation is now prescribed by section
    5316 of Title 5, Government Organization and Employees.
      1957 - Subsec. (a). Pub. L. 85-287 designated existing provisions
    as subsec. (a), designated the General Manager as the chief
    executive officer of the Commission, and increased his compensation
    from $20,000 to $22,000 per annum.
      Subsecs. (b), (c). Pub. L. 85-287 added subsecs. (b) and (c).

                     EFFECTIVE DATE OF 1964 AMENDMENT                 
      Amendment by Pub. L. 88-426 effective on first day of first pay
    period which begins on or after July 1, 1964, except to the extent
    provided in section 501(c) of Pub. L. 88-426.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2035                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER II - ORGANIZATION

-HEAD-
    Sec. 2035. Divisions, offices, and positions

-STATUTE-
      There is established within the Commission - 
      (a) Program divisions; appointment and powers of Assistant
        General Manager and Division Directors
        a Division of Military Application and such other program
      divisions (not to exceed ten in number) as the Commission may
      determine to the necessary to the discharge of its
      responsibilities, including a division or divisions the primary
      responsibilities of which include the development and application
      of civilian uses of atomic energy. The Division of Military
      Application shall be under the direction of an Assistant General
      Manager for Military Application, who shall be appointed by the
      Commission and shall be an active commissioned officer of the
      Armed Forces serving in general or flag officer rank or grade, as
      appropriate. Each other program division shall be under the
      direction of a Director who shall be appointed by the Commission.
      The Commission shall require each such division to exercise such
      of the Commission's administrative and executive powers as the
      Commission may determine;
      (b) General Counsel
        an Office of the General Counsel under the direction of the
      General Counsel who shall be appointed by the Commission; and
      (c) Inspection Division; duties
        an Inspection Division under the direction of a Director who
      shall be appointed by the Commission. The Inspection Division
      shall be responsible for gathering information to show whether or
      not the contractors, licensees, and officers and employees of the
      Commission are complying with the provisions of this chapter
      (except those provisions for which the Federal Bureau of
      Investigation is responsible) and the appropriate rules and
      regulations of the Commission.
      (d) Executive management positions; appointment; removal
        such other executive management positions (not to exceed six in
      number) as the Commission may determine to be necessary to the
      discharge of its responsibilities. Such positions shall be
      established by the General Manager with the approval of the
      Commission. They shall be appointed by the General Manager with
      the approval of the Commission, shall serve at the pleasure of
      the General Manager, and shall be removable by the General
      Manager.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 25, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 925; amended Pub. L. 85-287, Sec. 3,
    Sept. 4, 1957, 71 Stat. 612; Pub. L. 88-426, title III, Sec.
    306(f)(4)-(7), Aug. 14, 1964, 78 Stat. 429, 430; Pub. L. 90-190,
    Sec. 5, Dec. 14, 1967, 81 Stat. 577; renumbered title I, Pub. L.
    102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1802(a)(4)(B) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      1967 - Subsec. (a). Pub. L. 90-190 substituted an Assistant
    General Manager for Military Application, who would be appointed by
    the Commission, for the Director of the Division of Military
    Application as the head of the Division of Military Application,
    inserted requirement that the Assistant General Manager be a
    commissioned officer of the Armed Forces serving in general or flag
    officer rank or grade, as appropriate, and substituted "other
    program division" for "such division".
      1964 - Subsec. (a). Pub. L. 88-426, Sec. 306(f)(4), struck out
    provisions which prescribed the compensation of directors of
    program divisions.
      Subsec. (b). Pub. L. 88-426, Sec. 306(f)(5), struck out
    provisions which prescribed compensation of General Counsel. Such
    compensation is now prescribed by section 5316 of Title 5,
    Government Organization and Employees.
      Subsec. (c). Pub. L. 88-426, Sec. 306(f)(6), struck out
    provisions which prescribed compensation of Director of Inspection
    Division.
      Subsec. (d). Pub. L. 88-426, Sec. 306(f)(7), struck out
    provisions which prescribed compensation of executive management
    positions.
      1957 - Pub. L. 85-287 substituted "Divisions, offices, and
    positions" for "Divisions and offices" in section catchline.
      Subsec. (a). Pub. L. 85-287 increased compensation of Director
    from $16,000 to $19,000 per annum.
      Subsec. (b). Pub. L. 85-287 increased compensation of General
    Counsel from $16,000 to $19,500 per annum.
      Subsec. (c). Pub. L. 85-287 increased compensation of Director
    from $16,000 to $19,000 per annum.
      Subsec. (d). Pub. L. 85-287 added subsec. (d).

                     EFFECTIVE DATE OF 1964 AMENDMENT                 
      Amendment by Pub. L. 88-426 effective on first day of first pay
    period which begins on or after July 1, 1964, except to the extent
    provided in section 501(c) of Pub. L. 88-426.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Divisions of Military Application and Naval Reactors, both
    established under this section, transferred to Department of Energy
    by section 7158 of this title, with such organizational units to be
    deemed organizational units established by chapter 84 (Sec. 7101 et
    seq.) of this title. Energy Research and Development Administration
    terminated pursuant to sections 7151(a) and 7293 of this title.
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. Divisions of Military
    Application and Naval Reactors established under this section
    transferred to Energy Research and Development Administration and
    functions of Atomic Energy Commission with respect thereto
    transferred to Administrator by section 5814(d) of this title. See
    also Transfer of Functions notes set out under sections 5814 and
    5841 of this title.

-End-

-CITE-
    42 USC Sec. 2036                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER II - ORGANIZATION

-HEAD-
    Sec. 2036. Repealed. Pub. L. 95-91, title VII, Sec. 709(c)(1), Aug.
      4, 1977, 91 Stat. 608

-MISC1-
      Section, act Aug. 1, 1946, ch. 724, Sec. 26, as added Aug. 30,
    1954, ch. 1073, Sec. 1, 68 Stat. 926, established a General
    Advisory Committee to advise the Atomic Energy Commission on
    scientific and technical matters relating to materials, production,
    and research and development.
      Provisions similar to this section were contained in section
    1802(b) of this title prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-End-

-CITE-
    42 USC Sec. 2037                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER II - ORGANIZATION

-HEAD-
    Sec. 2037. Repealed. Pub. L. 99-661, div. C, title I, Sec. 3137(c),
      Nov. 14, 1986, 100 Stat. 4066

-MISC1-
      Section, act Aug. 1, 1946, ch. 724, Sec. 27, as added Aug. 30,
    1954, ch. 1073, Sec. 1, 68 Stat. 926; amended Aug. 14, 1964, Pub.
    L. 88-426, title III, Sec. 305(10)(B), 78 Stat. 423, related to
    Military Liaison Committee, its composition and duties, and
    authority of Defense Department to make recommendations to
    Committee.

-End-

-CITE-
    42 USC Sec. 2038                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER II - ORGANIZATION

-HEAD-
    Sec. 2038. Appointment of Army, Navy, or Air Force officer as
      Assistant General Manager for Military Application; Chairman of
      Military Liaison Committee; compensation

-STATUTE-
      Notwithstanding the provisions of any other law, the officer of
    the Army, Navy, or Air Force serving as Assistant General Manager
    for Military Application shall serve without prejudice to his
    commissioned status as such officer. Any such officer serving as
    Assistant General Manager for Military Application shall receive in
    addition to his pay and allowances, including special and incentive
    pays, for which pay and allowances the Commission shall reimburse
    his service, an amount equal to the difference between such pay and
    allowances, including special and incentive pays, and the
    compensation established for this position. Notwithstanding the
    provisions of any other law, any active or retired officer of the
    Army, Navy, or Air Force may serve as Chairman of the Military
    Liaison Committee without prejudice to his active or retired status
    as such officer. Any such active officer serving as Chairman of the
    Military Liaison Committee shall receive, in addition to his pay
    and allowances, including special and incentive pays, an amount
    equal to the difference between such pay and allowances, including
    special and incentive pays, and the compensation fixed for such
    Chairman. Any such retired officer serving as Chairman of the
    Military Liaison Committee shall receive the compensation fixed for
    such Chairman and his retired pay.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 28, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 926; amended Pub. L. 88-426, title III,
    Sec. 306(f)(8), Aug. 14, 1964, 78 Stat. 430; Pub. L. 88-448, title
    IV, Sec. 401(f), Aug. 19, 1964, 78 Stat. 490; Pub. L. 90-190, Sec.
    6, Dec. 14, 1967, 81 Stat. 577; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub.
    L. 107-107, div. A, title X, Sec. 1048(i)(11), Dec. 28, 2001, 115
    Stat. 1230.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1802(d) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      2001 - Pub. L. 107-107 struck out ", subject to section 201 of
    the Dual Compensation Act" before period at end.
      1967 - Pub. L. 90-190 substituted "the officer of the Army, Navy,
    or Air Force serving" for "any active officer of the Army, Navy, or
    Air Force may serve" and "Assistant General Manager for Military
    Application" for "Director of the Division of Military Application"
    wherever appearing, provided for reimbursement by the Commission to
    the service of the Assistant General Manager for the pay and
    allowances received by him from his service while he is serving as
    Assistant General Manager, and struck out references to sections
    2211 and 2213 of former title 5.
      1964 - Pub. L. 88-448 substituted provisions permitting a retired
    officer serving as Chairman of the Military Liaison Committee to
    receive the compensation fixed for such Chairman and his retired
    pay, subject to section 3102 of former title 5, for provisions
    which permitted a retired officer serving as Chairman to receive in
    addition to his retired pay, an amount equal to the difference
    between his retired pay and the compensation prescribed for the
    Chairman.
      Pub. L. 88-426 substituted "and the compensation established for
    this position pursuant to section 2211 or 2213 of title 5" for "and
    the compensation prescribed in section 2035 of this title".

                     EFFECTIVE DATE OF 1964 AMENDMENTS                 
      Amendment by Pub. L. 88-448 effective on first day of first month
    which begins later than the ninetieth day following Aug. 19, 1964,
    see section 403 of Pub. L. 88-448.
      Amendment by Pub. L. 88-426 effective on first day of first pay
    period which begins on or after July 1, 1964, except to the extent
    provided in section 501(c) of Pub. L. 88-426.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2039                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER II - ORGANIZATION

-HEAD-
    Sec. 2039. Advisory Committee on Reactor Safeguards; composition;
      tenure; duties; compensation

-STATUTE-
      There is established an Advisory Committee on Reactor Safeguards
    consisting of a maximum of fifteen members appointed by the
    Commission for terms of four years each. The Committee shall review
    safety studies and facility license applications referred to it and
    shall make reports thereon, shall advise the Commission with regard
    to the hazards of proposed or existing reactor facilities and the
    adequacy of proposed reactor safety standards, and shall perform
    such other duties as the Commission may request. One member shall
    be designated by the Committee as its Chairman. The members of the
    Committee shall receive a per diem compensation for each day spent
    in meetings or conferences, or other work of the Committee, and all
    members shall receive their necessary traveling or other expenses
    while engaged in the work of the Committee. The provisions of
    section 2203 of this title shall be applicable to the Committee.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 29, as added Pub. L. 85-256,
    Sec. 5, Sept. 2, 1957, 71 Stat. 579; amended Pub. L. 95-209, Sec.
    5, Dec. 13, 1977, 91 Stat. 1483; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub.
    L. 105-362, title XII, Sec. 1201(a), Nov. 10, 1998, 112 Stat.
    3292.)

-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-362 struck out at end "In addition to its
    other duties under this section, the committee, making use of all
    available sources, shall undertake a study of reactor safety
    research and prepare and submit annually to the Congress a report
    containing the results of such study. The first such report shall
    be submitted to the Congress not later than December 31, 1977."
      1977 - Pub. L. 95-209 inserted provisions which called for a
    study of reactor safety research and an annual report on results of
    study.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-MISC2-
                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. See section 14
    of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the
    Appendix to Title 5, Government Organization and Employees.

-End-

-CITE-
    42 USC Sec. 2040                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER II - ORGANIZATION

-HEAD-
    Sec. 2040. Fellowship program of Advisory Committee on Reactor
      Safeguards; selection of fellowships

-STATUTE-
      To assist the Advisory Committee on Reactor Safeguards in
    carrying out its function, the committee shall establish a
    fellowship program under which persons having appropriate
    engineering or scientific expertise are assigned particular tasks
    relating to the functions of the committee. Such fellowship shall
    be for 2-year periods and the recipients of such fellowships shall
    be selected pursuant to such criteria as may be established by the
    committee.

-SOURCE-
    (Pub. L. 95-209, Sec. 6, Dec. 13, 1977, 91 Stat. 1483.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Atomic Energy Act of 1954.

-End-

-CITE-
    42 USC SUBCHAPTER III - RESEARCH                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER III - RESEARCH

-HEAD-
                         SUBCHAPTER III - RESEARCH                     

-End-

-CITE-
    42 USC Sec. 2051                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER III - RESEARCH

-HEAD-
    Sec. 2051. Research and development assistance

-STATUTE-
    (a) Contracts and loans for research activities
      The Commission is directed to exercise its powers in such manner
    as to insure the continued conduct of research and development and
    training activities in the fields specified below, by private or
    public institutions or persons, and to assist in the acquisition of
    an ever-expanding fund of theoretical and practical knowledge in
    such fields. To this end the Commission is authorized and directed
    to make arrangements (including contracts, agreements, and loans)
    for the conduct of research and development activities relating to -
     
        (1) nuclear processes;
        (2) the theory and production of atomic energy, including
      processes, materials, and devices related to such production;
        (3) utilization of special nuclear material and radioactive
      material for medical, biological, agricultural, health, or
      military purposes;
        (4) utilization of special nuclear material, atomic energy, and
      radioactive material and processes entailed in the utilization or
      production of atomic energy or such material for all other
      purposes, including industrial or commercial uses, the generation
      of usable energy, and the demonstration of advances in the
      commercial or industrial application of atomic energy;
        (5) the protection of health and the promotion of safety during
      research and production activities; and
        (6) the preservation and enhancement of a viable environment by
      developing more efficient methods to meet the Nation's energy
      needs.
    (b) Grants and contributions
      The Commission is authorized - 
        (1) to make grants and contributions to the cost of
      construction and operation of reactors and other facilities and
      other equipment to colleges, universities, hospitals, and
      eleemosynary or charitable institutions for the conduct of
      educational and training activities relating to the fields in
      subsection (a) of this section; and
        (2) to provide grants, loans, cooperative agreements,
      contracts, and equipment to institutions of higher education (as
      defined in section 1002 of title 20) to support courses, studies,
      training, curricula, and disciplines pertaining to nuclear
      safety, security, or environmental protection, or any other field
      that the Commission determines to be critical to the regulatory
      mission of the Commission.
    (c) Purchase of supplies without advertising
      The Commission may (1) make arrangements pursuant to this
    section, without regard to the provisions of section 5 of title 41,
    upon certification by the Commission that such action is necessary
    in the interest of the common defense and security, or upon a
    showing by the Commission that advertising is not reasonably
    practicable; (2) make partial and advance payments under such
    arrangements; and (3) make available for use in connection
    therewith such of its equipment and facilities as it may deem
    desirable.
    (d) Prevention of dissemination of information prohibited; other
      conditions of agreements
      The arrangements made pursuant to this section shall contain such
    provisions (1) to protect health, (2) to minimize danger to life or
    property, and (3) to require the reporting and to permit the
    inspection of work performed thereunder, as the Commission may
    determine. No such arrangement shall contain any provisions or
    conditions which prevent the dissemination of scientific or
    technical information, except to the extent such dissemination is
    prohibited by law.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 31, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 927; amended Aug. 6, 1956, ch. 1015,
    Secs. 2, 3, 70 Stat. 1069; Pub. L. 91-560, Sec. 1, Dec. 19, 1970,
    84 Stat. 1472; Pub. L. 92-84, title II, Sec. 201(a), Aug. 11, 1971,
    85 Stat. 307; renumbered title I, Pub. L. 102-486, title IX, Sec.
    902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 109-58, title VI,
    Sec. 651(c)(1), Aug. 8, 2005, 119 Stat. 801.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1803(a) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      2005 - Subsec. (b). Pub. L. 109-58 inserted heading, inserted
    par. (1) designation before "to make grants", in introductory
    provisions substituted "authorized - " for "further authorized",
    and added par. (2).
      1971 - Subsec. (a)(6). Pub. L. 92-84 added par. (6).
      1970 - Subsec. (a)(4). Pub. L. 91-560 inserted commercial uses as
    an additional purpose and substituted "demonstration of advances in
    the commercial or industrial application of atomic energy" for
    "demonstration of the practical value of utilization or production
    facilities for industrial or commercial purposes".
      1956 - Subsec. (a). Act Aug. 6, 1956, Sec. 2, inserted "and
    training" after "development" in first sentence.
      Subsecs. (b) to (d). Act Aug. 6, 1956, Sec. 3, added subsec. (b)
    and redesignated former subsecs. (b) and (c) as (c) and (d),
    respectively.

          THREE MILE ISLAND NUCLEAR STATION, PA.; FEASIBILITY OF
    EPIDEMIOLOGICAL RESEARCH ON HEALTH EFFECTS OF LOW-LEVEL RADIATION;
                            REPORT TO CONGRESS
      Pub. L. 96-295, title III, Sec. 308(a), June 30, 1980, 94 Stat.
    792, provided that in the conduct of the study required by Pub. L.
    95-601, Sec. 5(d), Nov. 6, 1978, 92 Stat. 2949, on options for
    Federal epidemiological research on the health effects of low-level
    ionizing radiation, set out below, the Nuclear Regulatory
    Commission and the Environmental Protection Agency, in consultation
    with the Secretary of Health and Human Services, evaluate the
    feasibility of epidemiological research on the health effects of
    low-level ionizing radiation exposure to licensee, contractor, and
    subcontractor employees as a result of the accident of March 28,
    1979, at unit two of the Three Mile Island Nuclear Station in
    Pennsylvania, the efforts to stabilize such facility or reduce or
    prevent radioactive unplanned offsite releases in excess of
    allowable limits for normal operation established by the
    Commission, or efforts to decontaminate, decommission, or repair
    such facility, with the report required by such section 5(d) of
    Pub. L. 95-601 to include the results of this evaluation.

    STUDY ON HEALTH EFFECTS OF LOW-LEVEL RADIATION; REPORT TO CONGRESS
      Pub. L. 95-601, Sec. 5, Nov. 6, 1978, 92 Stat. 2949, as amended
    by Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat.
    695; Pub. L. 96-295, title III, Sec. 308(b), June 30, 1980, 94
    Stat. 792, provided that the Nuclear Regulatory Commission and the
    Environmental Protection Agency, in consultation with the Secretary
    of Health and Human Services, conduct preliminary planning and
    design studies for epidemiological research on the health effects
    of low-level ionizing radiation, within thirty days after Nov. 6,
    1978, the Commission and the Environmental Protection Agency submit
    to the Congress a memorandum of understanding to delineate their
    responsibilities in the conduct of the planning studies, on or
    before Apr. 1, 1979, the Commission and the Environmental
    Protection Agency submit a report to the Congress containing an
    assessment of the capabilities and research needs of such agencies
    in the area of health effects of low-level ionizing radiation, and
    on or before Sept. 30, 1980, the Commission and the Environmental
    Protection Agency, in consultation with the Secretary of Health and
    Human Services, submit a report to the Congress which includes a
    study of options for Federal epidemiological research on the health
    effects of low-level ionizing radiation with evaluations of the
    feasibility of such options.

-End-

-CITE-
    42 USC Sec. 2052                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER III - RESEARCH

-HEAD-
    Sec. 2052. Research by Commission

-STATUTE-
      The Commission is authorized and directed to conduct, through its
    own facilities, activities and studies of the types specified in
    section 2051 of this title.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 32, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 928; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1803(b) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2053                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER III - RESEARCH

-HEAD-
    Sec. 2053. Research for others; charges

-STATUTE-
      Where the Commission finds private facilities or laboratories are
    inadequate for the purpose, it is authorized to conduct for other
    persons, through its own facilities, such of those activities and
    studies of the types specified in section 2051 of this title as it
    deems appropriate to the development of energy. To the extent the
    Commission determines that private facilities or laboratories are
    inadequate for the purpose, and that the Commission's facilities,
    or scientific or technical resources have the potential of lending
    significant assistance to other persons in the fields of protection
    of public health and safety, the Commission may also assist other
    persons in these fields by conducting for such persons, through the
    Commission's own facilities, research and development or training
    activities and studies. The Commission is authorized to determine
    and make such charges as in its discretion may be desirable for the
    conduct of the activities and studies referred to in this section.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 33, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 928; amended Pub. L. 90-190, Sec. 7,
    Dec. 14, 1967, 81 Stat. 577; Pub. L. 92-84, title II, Sec. 201(b),
    Aug. 11, 1971, 85 Stat. 307; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1971 - Pub. L. 92-84 substituted provisions authorizing the
    Commission to conduct research for other persons for the
    development of energy, for provisions authorizing the Commission to
    conduct research for other persons for the development of atomic
    energy.
      1967 - Pub. L. 90-190 inserted provision which authorized the
    Commission, to the extent the Commission made certain
    determinations, to assist other persons on the fields of protection
    of public health and safety by conducting for such persons, through
    the facilities of the Commission, research and development or
    training activities and studies, and substituted "the activities
    and studies referred to in this section" for "such activities and
    studies".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR
           MATERIAL                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL

-HEAD-
          SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL      

-End-

-CITE-
    42 USC Sec. 2061                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL

-HEAD-
    Sec. 2061. Production facilities

-STATUTE-
    (a) Ownership
      The Commission, as agent of and on behalf of the United States,
    shall be the exclusive owner of all production facilities other
    than facilities which (1) are useful in the conduct of research and
    development activities in the fields specified in section 2051 of
    this title, and do not, in the opinion of the Commission, have a
    potential production rate adequate to enable the user of such
    facilities to produce within a reasonable period of time a
    sufficient quantity of special nuclear material to produce an
    atomic weapon; (2) are licensed by the Commission under this
    division; or (3) are owned by the United States Enrichment
    Corporation.
    (b) Operation of Commission's facilities
      The Commission is authorized and directed to produce or to
    provide for the production of special nuclear material in its own
    production facilities. To the extent deemed necessary, the
    Commission is authorized to make, or to continue in effect,
    contracts with persons obligating them to produce special nuclear
    material in facilities owned by the Commission. The Commission is
    also authorized to enter into research and development contracts
    authorizing the contractor to produce special nuclear material in
    facilities owned by the Commission to the extent that the
    production of such special nuclear material may be incident to the
    conduct of research and development activities under such
    contracts. Any contract entered into under this section shall
    contain provisions (1) prohibiting the contractor from
    subcontracting any part of the work he is obligated to perform
    under the contract, except as authorized by the Commission; and (2)
    obligating the contractor (A) to make such reports pertaining to
    activities under the contract to the Commission as the Commission
    may require, (B) to submit to inspection by employees of the
    Commission of all such activities, and (C) to comply with all
    safety and security regulations which may be prescribed by the
    Commission. Any contract made under the provisions of this
    subsection may be made without regard to the provisions of section
    5 of title 41, upon certification by the Commission that such
    action is necessary in the interest of the common defense and
    security, or upon a showing by the Commission that advertising is
    not reasonably practicable. Partial and advance payments may be
    made under such contracts.
    (c) Operation of other facilities
      Special nuclear material may be produced in the facilities which
    under this section are not required to be owned by the Commission.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 41, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 928; amended Pub. L. 90-190, Sec. 8,
    Dec. 14, 1967, 81 Stat. 577; Pub. L. 101-575, Sec. 5(c), Nov. 15,
    1990, 104 Stat. 2835; renumbered title I and amended Pub. L. 102-
    486, title IX, Sec. 902(a)(2), (8), Oct. 24, 1992, 106 Stat. 2943,
    2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those comprising this section were
    contained in section 4 of act Aug. 1, 1946, ch. 724, 60 Stat. 759,
    which was classified to section 1804 of this title, prior to the
    general amendment and renumbering of act Aug. 1, 1946, by act Aug.
    30, 1954.

                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-486, Sec. 902(a)(2), substituted
    "under this division" for "pursuant to under this chapter" in cl.
    (2) and added cl. (3).
      1990 - Subsec. (a)(2). Pub. L. 101-575 substituted "under this
    chapter" for "section 2133 or 2134 of this title".
      1967 - Subsec. (b). Pub. L. 90-190 struck out provision requiring
    the President to determine in writing at least once each year the
    quantities of special nuclear material to be produced under this
    section, and to specify in such determination the quantities of
    special nuclear material to be available for distribution by the
    Commission pursuant to sections 2073 and 2074 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-MISC2-
            REFERENCES TO UNITED STATES ENRICHMENT CORPORATION        
      References to the United States Enrichment Corporation deemed, as
    of the privatization date (July 28, 1998), to be references to the
    private corporation, see section 3116(e) of Pub. L. 104-134, set
    out as a note under former section 2297 of this title.

             ISOTOPE PRODUCTION AND DISTRIBUTION PROGRAM FUND         
      Pub. L. 103-316, title III, Aug. 26, 1994, 108 Stat. 1715,
    provided in part: "That the Secretary of Energy may transfer
    available amounts appropriated for use by the Department of Energy
    under title III of previously enacted Energy and Water Development
    Appropriations Acts [see below] into the Isotope Production and
    Distribution Program Fund, in order to continue isotope production
    and distribution activities: Provided further, That the authority
    to use these amounts appropriated is effective from the date of
    enactment of this Act [Aug. 26, 1994]: Provided further, That fees
    set by the Secretary for the sale of isotopes and related services
    shall hereafter be determined without regard to the provisions of
    Energy and Water Development Appropriations Act (Public Law 101-
    101) [see below]: Provided further, That amounts provided for
    isotope production and distribution in previous Energy and Water
    Development Appropriations Acts shall be treated as direct
    appropriations and shall be merged with funds appropriated under
    this head [Energy Supply, Research and Development Activities]."
      Pub. L. 102-377, title III, Oct. 2, 1992, 106 Stat. 1334,
    provided in part that: "Revenues received hereafter from the
    disposition of isotopes and related services shall be credited to
    this account, to be available for carrying out the purposes of the
    isotope production and distribution program without further
    appropriation: Provided, That such revenues and all funds provided
    under this head in Public Law 101-101 [set out below] shall remain
    available until expended: Provided further, That if at any time the
    amounts available to the fund are insufficient to enable the
    Department of Energy to discharge its responsibilities with respect
    to isotope production and distribution, the Secretary may borrow
    from amounts available in the Treasury, such sums as are necessary
    up to a maximum of $5,000,000 to remain available until expended."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 102-104, title III, Aug. 17, 1991, 105 Stat. 528.
      Pub. L. 101-514, title III, Nov. 5, 1990, 104 Stat. 2090.

      Pub. L. 101-101, title III, Sept. 29, 1989, 103 Stat. 659,
    provided in part that: "For necessary expenses of activities
    related to the production, distribution, and sale of isotopes and
    related services, $16,243,000, to remain available until expended:
    Provided, That this amount and, notwithstanding 31 U.S.C. 3302,
    revenues received from the disposition of isotopes and related
    services shall be credited to this account to be available for
    carrying out these purposes without further appropriation: Provided
    further, That all unexpended balances of previous appropriations
    made for the purpose of carrying out activities related to the
    production, distribution, and sale of isotopes and related services
    may be transferred to this fund and merged with other balances in
    the fund and be available under the same conditions and for the
    same period of time: Provided further, That fees shall be set by
    the Secretary of Energy in such a manner as to provide full cost
    recovery, including administrative expenses, depreciation of
    equipment, accrued leave, and probable losses: Provided further,
    That all expenses of this activity shall be paid only from funds
    available in this fund: Provided further, That at any time the
    Secretary of Energy determines that moneys in the fund exceed the
    anticipated requirements of the fund, such excess shall be
    transferred to the general fund of the Treasury."

-End-

-CITE-
    42 USC Sec. 2062                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL

-HEAD-
    Sec. 2062. Irradiation of materials

-STATUTE-
      The Commission and persons lawfully producing or utilizing
    special nuclear material are authorized to expose materials of any
    kind to the radiation incident to the processes of producing or
    utilizing special nuclear material.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 42, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 929; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those comprising this section were
    contained in section 4 of act Aug. 1, 1946, ch. 724, 60 Stat. 759,
    which was classified to section 1804 of this title, prior to the
    general amendment and renumbering of act Aug. 1, 1946, by act Aug.
    30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2063                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL

-HEAD-
    Sec. 2063. Acquisition of production facilities

-STATUTE-
      The Commission is authorized to purchase any interest in
    facilities for the production of special nuclear materials, or in
    real property on which such facilities are located, without regard
    to the provisions of section 5 of title 41 upon certification by
    the Commission that such action is necessary in the interest of the
    common defense and security, or upon a showing by the Commission
    that advertising is not reasonably practicable. Partial and advance
    payments may be made under contracts for such purposes. The
    Commission is further authorized to requisition, condemn, or
    otherwise acquire any interest in such production facilities, or to
    condemn or otherwise acquire such real property, and just
    compensation shall be made therefor.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 43, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 929; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those comprising this section were
    contained in section 5 of act Aug. 1, 1946, ch. 724, 60 Stat. 760,
    which was classified to section 1805 of this title, prior to the
    general amendment and renumbering of act Aug. 1, 1946, by act Aug.
    30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2064                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IV - PRODUCTION OF SPECIAL NUCLEAR MATERIAL

-HEAD-
    Sec. 2064. Disposition of energy; regulation on sale

-STATUTE-
      If energy is produced at production facilities of the Commission
    or is produced in experimental utilization facilities of the
    Commission, such energy may be used by the Commission, or
    transferred to other Government agencies, or sold to publicly,
    cooperatively, or privately owned utilities or users at reasonable
    and nondiscriminatory prices. If the energy produced is electric
    energy, the price shall be subject to regulation by the appropriate
    agency having jurisdiction. In contracting for the disposal of such
    energy, the Commission shall give preference and priority to public
    bodies and cooperatives or to privately owned utilities providing
    electric utility services to high cost areas not being served by
    public bodies or cooperatives. Nothing in this chapter shall be
    construed to authorize the Commission to engage in the sale or
    distribution of energy for commercial use except such energy as may
    be produced by the Commission incident to the operation of research
    and development facilities of the Commission, or of production
    facilities of the Commission.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 44, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 929; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those comprising this section were
    contained in section 7(d) of act Aug. 1, 1946, ch. 724, 60 Stat.
    764, which was classified to section 1807(d) of this title, prior
    to the general amendment and renumbering of act Aug. 1, 1946, by
    act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL              01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-
                  SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL              

-End-

-CITE-
    42 USC Sec. 2071                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-
    Sec. 2071. Determination of other material as special nuclear
      material; Presidential assent; effective date

-STATUTE-
      The Commission may determine from time to time that other
    material is special nuclear material in addition to that specified
    in the definition as special nuclear material. Before making any
    such determination, the Commission must find that such material is
    capable of releasing substantial quantities of atomic energy and
    must find that the determination that such material is special
    nuclear material is in the interest of the common defense and
    security, and the President must have expressly assented in writing
    to the determination. The Commission's determination, together with
    the assent of the President, shall be submitted to the Energy
    Committees and a period of thirty days shall elapse while Congress
    is in session (in computing such thirty days, there shall be
    excluded the days on which either House is not in session because
    of an adjournment for more than three days) before the
    determination of the Commission may become effective: Provided,
    however, That the Energy Committees, after having received such
    determination, may by resolution in writing, waive the conditions
    of or all or any portion of such thirty-day period.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 51, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 929; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;
    amended Pub. L. 103-437, Sec. 15(f)(2), Nov. 2, 1994, 108 Stat.
    4592.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1805(a)(1) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      1994 - Pub. L. 103-437 substituted "Energy Committees" for "Joint
    Committee" in two places.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2072                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-
    Sec. 2072. Repealed. Pub. L. 88-489, Sec. 4, Aug. 26, 1964, 78
      Stat. 603

-MISC1-
      Section, act Aug. 1, 1946, ch. 724, Sec. 52, as added Aug. 30,
    1954, ch. 1073, Sec. 1, 68 Stat. 929, related to Government
    ownership of all special nuclear material and provided for
    compensation of private owners of such material.

      EXTINGUISHMENT OF RIGHTS, TITLE AND INTEREST IN SPECIAL NUCLEAR
                                 MATERIAL
      Section 4 of Pub. L. 88-489 provided in part that: "All rights,
    title, and interest in and to any special nuclear material vested
    in the United States solely by virtue of the provisions of the
    first sentence of such section 52 [this section], and not by any
    other transaction authorized by the Atomic Energy Act of 1954, as
    amended [this chapter], or other applicable law, are hereby
    extinguished."

-End-

-CITE-
    42 USC Sec. 2073                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-
    Sec. 2073. Domestic distribution of special nuclear material

-STATUTE-
    (a) Licenses
      The Commission is authorized (i) to issue licenses to transfer or
    receive in interstate commerce, transfer, deliver, acquire,
    possess, own, receive possession of or title to, import, or export
    under the terms of an agreement for cooperation arranged pursuant
    to section 2153 of this title, special nuclear material, (ii) to
    make special nuclear material available for the period of the
    license, and, (iii) to distribute special nuclear material within
    the United States to qualified applicants requesting such material -
     
        (1) for the conduct of research and development activities of
      the types specified in section 2051 of this title;
        (2) for use in the conduct of research and development
      activities or in medical therapy under a license issued pursuant
      to section 2134 of this title;
        (3) for use under a license issued pursuant to section 2133 of
      this title;
        (4) for such other uses as the Commission determines to be
      appropriate to carry out the purposes of this chapter.
    (b) Minimum criteria for licenses
      The Commission shall establish, by rule, minimum criteria for the
    issuance of specific or general licenses for the distribution of
    special nuclear material depending upon the degree of importance to
    the common defense and security or to the health and safety of the
    public of - 
        (1) the physical characteristics of the special nuclear
      material to be distributed;
        (2) the quantities of special nuclear material to be
      distributed; and
        (3) the intended use of the special nuclear material to be
      distributed.
    (c) Manner of distribution; charges for material sold; agreements;
      charges for material leased
      (1) The Commission may distribute special nuclear material
    licensed under this section by sale, lease, lease with option to
    buy, or grant: Provided, however, That unless otherwise authorized
    by law, the Commission shall not after December 31, 1970,
    distribute special nuclear material except by sale to any person
    who possesses or operates a utilization facility under a license
    issued pursuant to section 2133 or 2134(b) of this title for use in
    the course of activities under such license; nor shall the
    Commission permit any such person after June 30, 1973, to continue
    leasing for use in the course of such activities special nuclear
    material previously leased to such person by the Commission.
      (2) The Commission shall establish reasonable sales prices for
    the special nuclear material licensed and distributed by sale under
    this section. Such sales prices shall be established on a
    nondiscriminatory basis which, in the opinion of the Commission,
    will provide reasonable compensation to the Government for such
    special nuclear material.
      (3) The Commission is authorized to enter into agreements with
    licensees for such period of time as the Commission may deem
    necessary or desirable to distribute to such licensees such
    quantities of special nuclear material as may be necessary for the
    conduct of the licensed activity. In such agreements, the
    Commission may agree to repurchase any special nuclear material
    licensed and distributed by sale which is not consumed in the
    course of the licensed activity, or any uranium remaining after
    irradiation of such special nuclear material, at a repurchase price
    not to exceed the Commission's sale price for comparable special
    nuclear material or uranium in effect at the time of delivery of
    such material to the Commission.
      (4) The Commission may make a reasonable charge, determined
    pursuant to this section, for the use of special nuclear material
    licensed and distributed by lease under subsection (a)(1), (2) or
    (4) of this section and shall make a reasonable charge determined
    pursuant to this section for the use of special nuclear material
    licensed and distributed by lease under subsection (a)(3) of this
    section. The Commission shall establish criteria in writing for the
    determination of whether special nuclear material will be
    distributed by grant and for the determination of whether a charge
    will be made for the use of special nuclear material licensed and
    distributed by lease under subsection (a)(1), (2) or (4) of this
    section, considering, among other things, whether the licensee is a
    nonprofit or eleemosynary institution and the purposes for which
    the special nuclear material will be used.
    (d) Determination of charges
      In determining the reasonable charge to be made by the Commission
    for the use of special nuclear material distributed by lease to
    licensees of utilization or production facilities licensed pursuant
    to section 2133 or 2134 of this title, in addition to consideration
    of the cost thereof, the Commission shall take into consideration -
    
        (1) the use to be made of the special nuclear material;
        (2) the extent to which the use of the special nuclear material
      will advance the development of the peaceful uses of atomic
      energy;
        (3) the energy value of the special nuclear material in the
      particular use for which the license is issued;
        (4) whether the special nuclear material is to be used in
      facilities licensed pursuant to section 2133 or 2134 of this
      title. In this respect, the Commission shall, insofar as
      practicable, make uniform, nondiscriminatory charges for the use
      of special nuclear material distributed to facilities licensed
      pursuant to section 2133 of this title; and
        (5) with respect to special nuclear material consumed in a
      facility licensed pursuant to section 2133 of this title, the
      Commission shall make a further charge equivalent to the sale
      price for similar special nuclear material established by the
      Commission in accordance with subsection (c)(2) of this section,
      and the Commission may make such a charge with respect to such
      material consumed in a facility licensed pursuant to section 2134
      of this title.
    (e) License conditions
      Each license issued pursuant to this section shall contain and be
    subject to the following conditions - 
        (1) Repealed. Pub. L. 88-489, Sec. 8, Aug. 26, 1964, 78 Stat.
      604.
        (2) no right to the special nuclear material shall be conferred
      by the license except as defined by the license;
        (3) neither the license nor any right under the license shall
      be assigned or otherwise transferred in violation of the
      provisions of this chapter;
        (4) all special nuclear material shall be subject to the right
      of recapture or control reserved by section 2138 of this title
      and to all other provisions of this chapter;
        (5) no special nuclear material may be used in any utilization
      or production facility except in accordance with the provisions
      of this chapter;
        (6) special nuclear material shall be distributed only on
      terms, as may be established by rule of the Commission, such that
      no user will be permitted to construct an atomic weapon;
        (7) special nuclear material shall be distributed only pursuant
      to such safety standards as may be established by rule of the
      Commission to protect health and to minimize danger to life or
      property; and
        (8) except to the extent that the indemnification and
      limitation of liability provisions of section 2210 of this title
      apply, the licensee will hold the United States and the
      Commission harmless from any damages resulting from the use or
      possession of special nuclear material by the licensee.
    (f) Distribution for independent research and development
      activities
      The Commission is directed to distribute within the United States
    sufficient special nuclear material to permit the conduct of
    widespread independent research and development activities to the
    maximum extent practicable. In the event that applications for
    special nuclear material exceed the amount available for
    distribution, preference shall be given to those activities which
    are most likely, in the opinion of the Commission, to contribute to
    basic research, to the development of peacetime uses of atomic
    energy, or to the economic and military strength of the Nation.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 53, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 930; amended Pub. L. 85-256, Sec. 2,
    Sept. 2, 1957, 71 Stat. 576; Pub. L. 85-681, Secs. 1, 2, Aug. 19,
    1958, 72 Stat. 632; Pub. L. 88-489, Secs. 5-8, Aug. 26, 1964, 78
    Stat. 603, 604; Pub. L. 90-190, Secs. 9, 10, Dec. 14, 1967, 81
    Stat. 577; renumbered title I and amended Pub. L. 102-486, title
    IX, Sec. 902(a)(3), (8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1805(a)(4) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      1992 - Subsec. (c)(1). Pub. L. 102-486, Sec. 902(a)(3),
    substituted "or grant" for "grant," and struck out "or through the
    provision of production or enrichment services" before ": Provided,
    however" and before "to any person".
      1967 - Subsec. (c)(1). Pub. L. 90-190, Sec. 10, inserted "or
    through the provision of production or enrichment services"
    wherever appearing.
      Subsec. (f). Pub. L. 90-190, Sec. 9, struck out reference to the
    limitations on the distribution of special nuclear materials set by
    the President in determinations made pursuant to section 2061 of
    this title.
      1964 - Subsec. (a). Pub. L. 88-489, Sec. 5, substituted "(i) to
    issue licenses to transfer or receive in interstate commerce,
    transfer, deliver, acquire, possess, own, receive possession of or
    title to, import, or export under the terms of an agreement for
    cooperation arranged pursuant to section 2153 of this title,
    special nuclear material, (ii) to make special nuclear material
    available for the period of the license, and, (iii)" for "to issue
    licenses for the possession of, to make available for the period of
    the license, and".
      Subsec. (c). Pub. L. 88-489, Sec. 6, designated existing
    provisions as par. (4), inserted "by lease" wherever appearing and
    "special nuclear material will be distributed by grant and for the
    determination of whether", and added pars. (1) to (3).
      Subsec. (d). Pub. L. 88-489, Sec. 7, inserted "by lease" in
    introductory provisions, and in ch. (5) substituted "equivalent to
    the sale price for similar special nuclear material established by
    the Commission in accordance with subsection (c)(2) of this
    section, and the Commission may make such a charge with respect to
    such material consumed in a facility licensed pursuant to section
    2134 of this title" for "based on the cost to the Commission, as
    estimated by the Commission, or the average fair price paid for the
    production of such special nuclear material as determined by
    section 2076 of this title, whichever is lower".
      Subsec. (e)(1). Pub. L. 88-489, Sec. 8, struck out par. (1) which
    provided that title to all special nuclear material shall at all
    times be in the United States.
      1958 - Subsec. (a)(4). Pub. L. 85-681, Sec. 1, added par. (4).
      Subsec. (c). Pub. L. 85-681, Sec. 2, substituted "subsections
    (a)(1), (2) or (4)" for "subsection (a)(1) or (a) (2)".
      1957 - Subsec. (e)(8). Pub. L. 85-256 inserted "except to the
    extent that the indemnification and limitation of liability
    provisions of section 2210 of this title apply,".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2074                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-
    Sec. 2074. Foreign distribution of special nuclear material

-STATUTE-
    (a) Compensation; distribution to International Atomic Energy
      Agency; procedure for distribution; repurchase of unconsumed
      materials; price; purchase of materials produced outside United
      States; price
      The Commission is authorized to cooperate with any nation or
    group of nations by distributing special nuclear material and to
    distribute such special nuclear material, pursuant to the terms of
    an agreement for cooperation to which such nation or group of
    nations is a party and which is made in accordance with section
    2153 of this title. Unless hereafter otherwise authorized by law
    the Commission shall be compensated for special nuclear material so
    distributed at not less than the Commission's published charges
    applicable to the domestic distribution of such material, except
    that the Commission to assist and encourage research on peaceful
    uses or for medical therapy may so distribute without charge during
    any calendar year only a quantity of such material which at the
    time of transfer does not exceed in value $10,000 in the case of
    one nation or $50,000 in the case of any group of nations. The
    Commission may distribute to the International Atomic Energy
    Agency, or to any group of nations, only such amounts of special
    nuclear materials and for such period of time as are authorized by
    Congress: Provided, however, That, (i) notwithstanding this
    provision, the Commission is hereby authorized, subject to the
    provisions of section 2153 of this title, to distribute to the
    Agency five thousand kilograms of contained uranium-235, five
    hundred grams of uranium-233, and three kilograms of plutonium,
    together with the amounts of special nuclear material which will
    match in amount the sum of all quantities of special nuclear
    materials made available by all other members of the Agency to June
    1, 1960; and (ii) notwithstanding the foregoing provisions of this
    subsection, the Commission may distribute to the International
    Atomic Energy Agency, or to any group of nations, such other
    amounts of special nuclear materials and for such other periods of
    time as are established in writing by the Commission: Provided,
    however, That before they are established by the Commission
    pursuant to this subdivision (ii), such proposed amounts and
    periods shall be submitted to the Congress and referred to the
    Energy Committees and a period of sixty days shall elapse while
    Congress is in session (in computing such sixty days, there shall
    be excluded the days on which either House is not in session
    because of an adjournment of more than three days): And provided
    further, That any such proposed amounts and periods shall not
    become effective if during such sixty-day period the Congress
    passes a concurrent resolution stating in substance that it does
    not favor the proposed action: And provided further, That prior to
    the elapse of the first thirty days of any such sixty-day period
    the Energy Committees shall submit to their respective houses
    reports of their views and recommendations respecting the proposed
    amounts and periods and an accompanying proposed concurrent
    resolution stating in substance that the Congress favors, or does
    not favor, as the case may be, the proposed amounts or periods. The
    Commission may agree to repurchase any special nuclear material
    distributed under a sale arrangement pursuant to this subsection
    which is not consumed in the course of the activities conducted in
    accordance with the agreement for cooperation, or any uranium
    remaining after irradiation of such special nuclear material, at
    repurchase price not to exceed the Commission's sale price for
    comparable special nuclear material or uranium in effect at the
    time of delivery of such material to the Commission. The Commission
    may also agree to purchase, consistent with and within the period
    of the agreement for cooperation, special nuclear material produced
    in a nuclear reactor located outside the United States through the
    use of special nuclear material which was leased or sold pursuant
    to this subsection. Under any such agreement the Commission shall
    purchase only such material as is delivered to the Commission
    during any period when there is in effect a guaranteed purchase
    price for the same material produced in a nuclear reactor by a
    person licensed under section 2134 of this title, established by
    the Commission pursuant to section 2076 of this title, and the
    price to be paid shall be the price so established by the
    Commission and in effect for the same material delivered to the
    Commission.
    (b) Distribution to persons outside United States of plutonium and
      other special nuclear material exempted under section 2077(d) of
      this title; compensation; reports
      Notwithstanding the provisions of sections 2153 and 2154 of this
    title and section 125 of the Atomic Energy Act of 1954, the
    Commission is authorized to distribute to any person outside the
    United States (1) plutonium containing 80 per centum or more by
    weight of plutonium-238, and (2) other special nuclear material
    when it has, in accordance with subsection 2077(d) of this title,
    exempted certain classes or quantities of such other special
    nuclear material or kinds of uses or users thereof from the
    requirements for a license set forth in this chapter. Unless
    hereafter otherwise authorized by law, the Commission shall be
    compensated for special nuclear material so distributed at not less
    than the Commission's published charges applicable to the domestic
    distribution of such material. The Commission shall not distribute
    any plutonium containing 80 per centum or more by weight of
    plutonium-238 to any person under this subsection if, in its
    opinion, such distribution would be inimical to the common defense
    and security. The Commission may require such reports regarding the
    use of material distributed pursuant to the provisions of this
    subsection as it deems necessary.
    (c) Licensing or granting permission to others to distribute
      special nuclear material; conditions
      The Commission is authorized to license or otherwise permit
    others to distribute special nuclear material to any person outside
    the United States under the same conditions, except as to charges,
    as would be applicable if the material were distributed by the
    Commission.
    (d) Laboratory samples; medical devices; monitoring or other
      instruments; emergencies
      The authority to distribute special nuclear material under this
    section other than under an export license granted by the Nuclear
    Regulatory Commission shall extend only to the following small
    quantities of special nuclear material (in no event more than five
    hundred grams per year of the uranium isotope 233, the uranium
    isotope 235, or plutonium contained in special nuclear material to
    any recipient):
        (1) which are contained in laboratory samples, medical devices,
      or monitoring or other instruments; or
        (2) the distribution of which is needed to deal with an
      emergency situation in which time is of the essence.
    (e) Arrangements for storage or disposition of irradiated fuel
      elements
      The authority in this section to commit United States funds for
    any activities pursuant to any subsequent arrangement under section
    2160(a)(2)(E) of this title shall be subject to the requirements of
    section 2160 of this title.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 54, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 931; amended Pub. L. 85-177, Sec. 7,
    Aug. 28, 1957, 71 Stat. 455; Pub. L. 87-206, Sec. 4, Sept. 6, 1961,
    75 Stat. 476; Pub. L. 88-489, Sec. 9, Aug. 26, 1964, 78 Stat. 604;
    Pub. L. 93-377, Sec. 2, Aug. 17, 1974, 88 Stat. 473; Pub. L. 95-
    242, title III, Secs. 301(a), 303(b)(1), Mar. 10, 1978, 92 Stat.
    125, 131; renumbered title I, Pub. L. 102-486, title IX, Sec.
    902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 103-437, Sec.
    15(f)(3), Nov. 2, 1994, 108 Stat. 4592.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 125 of the Atomic Energy Act of 1954, referred to in
    subsec. (b), is section 125 of act Aug. 1, 1946, ch. 724, as added
    by Pub. L. 85-14, Apr. 12, 1957, 71 Stat. 11, as amended, and is
    set out as a note under section 2153 of this title.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-437 substituted "Energy
    Committees and a period" for "Joint Committee and a period" and
    "Energy Committees shall submit to their respective houses reports
    of their views" for "Joint Committee shall submit a report to the
    Congress of its views".
      1978 - Subsec. (d). Pub. L. 95-242, Sec. 301(a), added subsec.
    (d).
      Subsec. (e). Pub. L. 95-242, Sec. 303(b)(1), added subsec. (e).
      1974 - Pub. L. 93-377 designated existing provisions as subsec.
    (a), designated initial proviso as cl. (i), added cl. (ii) and
    references to groups of nations, and substituted references to this
    subsection for references to this section, and added subsecs. (b)
    and (c).
      1964 - Pub. L. 88-489 authorized repurchase of unconsumed special
    nuclear materials, or any uranium remaining after irradiation of
    such materials, at a price not exceeding Commission's sale price
    for comparable material in effect at time of delivery to
    Commission, and purchase of special nuclear material produced
    outside United States through use of material leased or sold under
    this section, during any period when there is a guaranteed purchase
    price for same material as produced under section 2134 of this
    title, for such price as established by the Commission.
      1961 - Pub. L. 87-206 inserted "five hundred grams of uranium 233
    and three kilograms of plutonium" after "five thousand kilograms of
    contained uranium 235".
      1957 - Pub. L. 85-177 inserted provisions requiring compensation
    at domestic charges for materials distributed abroad except for
    peaceful or medical therapy uses, and required Commission to obtain
    authorization of Congress for materials to be contributed to Agency
    beyond amount made available by all other members of Agency to July
    1, 1960.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as
    otherwise provided and regardless of any requirement for the
    promulgation of implementing regulations, see section 603(c) of
    Pub. L. 95-242, set out as an Effective Date note under section
    3201 of Title 22, Foreign Relations and Intercourse.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2075                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-
    Sec. 2075. Acquisition of special nuclear material; payments; just
      compensation

-STATUTE-
      The Commission is authorized, to the extent it deems necessary to
    effectuate the provisions of this chapter, to purchase without
    regard to the limitations in section 2074 of this title or any
    guaranteed purchase prices established pursuant to section 2076 of
    this title, and to take, requisition, condemn, or otherwise acquire
    any special nuclear material or any interest therein. Any contract
    of purchase made under this section may be made without regard to
    the provisions of section 5 of title 41, upon certification by the
    Commission that such action is necessary in the interest of the
    common defense and security, or upon a showing by the Commission
    that advertising is not reasonably practicable. Partial and advance
    payments may be made under contracts for such purposes. Just
    compensation shall be made for any right, property, or interest in
    property taken, requisitioned, or condemned under this section:
    Providing, That the authority in this section to commit United
    States funds for any activities pursuant to any subsequent
    arrangement under section 2160(a)(2)(E) of this title shall be
    subject to the requirements of section 2160 of this title.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 55, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 931; amended Pub. L. 88-489, Sec. 10,
    Aug. 26, 1964, 78 Stat. 604; Pub. L. 95-242, title III, Sec.
    303(b)(2), Mar. 10, 1978, 92 Stat. 131; renumbered title I, Pub. L.
    102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1805(a)(5) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      1978 - Pub. L. 95-424 provided that the authority in this section
    to commit United States funds for any activities pursuant to any
    subsequent arrangement under section 2160(a)(2)(E) of this title
    shall be subject to the requirement of section 2160 of this title.
      1964 - Pub. L. 88-489 limited the authorization to the extent
    necessary to effectuate the chapter, inserted "without regard to
    the limitations in section 2074 of this title or any guaranteed
    purchase prices established pursuant to section 2076 of this title,
    and to take, requisition, condemn," and "Any contract of purchase
    made under this section may be made", provided for just
    compensation for any right, property, or interest taken,
    requisitioned, or condemned under this section, and struck out
    "outside the United States" after "any interest therein".

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as
    otherwise provided and regardless of any requirement for the
    promulgation of implementing regulations, see section 603(c) of
    Pub. L. 95-242, set out as an Effective Date note under section
    3201 of Title 22, Foreign Relations and Intercourse.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2076                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-
    Sec. 2076. Guaranteed purchase prices

-STATUTE-
      The Commission shall establish guaranteed purchase prices for
    plutonium produced in a nuclear reactor by a person licensed under
    section 2134 of this title and delivered to the Commission before
    January 1, 1971. The Commission shall also establish for such
    periods of time as it may deem necessary, but not to exceed ten
    years as to any such period, guaranteed purchase prices for uranium
    enriched in the isotope 233 produced in a nuclear reactor by a
    person licensed under section 2133 or section 2134 and delivered to
    the Commission within the period of the guarantee. Guaranteed
    purchase prices established under the authority of this section
    shall not exceed the Commission's determination of the estimated
    value of plutonium or uranium enriched in the isotope 233 as fuel
    in nuclear reactors, and such prices shall be established on a
    nondiscriminatory basis: Provided, That the Commission is
    authorized to establish such guaranteed purchase prices only for
    such plutonium or uranium enriched in the isotope 233 as the
    Commission shall determine is produced through the use of special
    nuclear material which was leased or sold by the Commission
    pursuant to section 2073 of this title.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 56, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 931; amended Pub. L. 88-489, Sec. 11,
    Aug. 26, 1964, 78 Stat. 605; Pub. L. 91-560, Sec. 2, Dec. 19, 1970,
    84 Stat. 1472; renumbered title I, Pub. L. 102-486, title IX, Sec.
    902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1970 - Pub. L. 91-560 extended the power of the Commission to
    establish guaranteed purchase prices for uranium produced by
    persons licensed under section 2133 of this title.
      1964 - Pub. L. 88-489 substituted provisions which directed the
    Commission to establish guaranteed purchase prices for plutonium
    produced by a person licensed under section 2134 of this title and
    delivered to the Commission prior to Jan. 1, 1971, and for uranium
    enriched in the isotope 233, for such periods of time as it deems
    necessary, but not exceeding ten years as to any such period, if
    produced by a person licensed under said section 2134, and
    delivered within the period of the guarantee, provided that
    guaranteed prices established under this section shall not exceed
    the Commission's estimated value of enriched plutonium or uranium
    as fuel in reactors, and shall be on a nondiscriminatory basis, and
    authorized such guaranteed prices only for such enriched plutonium
    or uranium as is produced through use of material leased or sold
    pursuant to section 2073 of this title, for provisions requiring
    the Commission to determine the fair price of special nuclear
    material by considering the value of the material for its intended
    use by the United States, and by giving such weight to the cost of
    production as it found to be equitable, providing that such price
    was to apply to all licensed producers of the same material, and
    permitting the Commission to establish guaranteed fair prices for
    all such material delivered to the Commission for such time as it
    deemed necessary, but not exceeding seven years.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2077                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-
    Sec. 2077. Unauthorized dealings in special nuclear material

-STATUTE-
    (a) Handling by persons
      Unless authorized by a general or specific license issued by the
    Commission, which the Commission is authorized to issue pursuant to
    section 2073 of this title, no person may transfer or receive in
    interstate commerce, transfer, deliver, acquire, own, possess,
    receive possession of or title to, or import into or export from
    the United States any special nuclear material.
    (b) Engagement or participation in development or production
      It shall be unlawful for any person to directly or indirectly
    engage or participate in the development or production of any
    special nuclear material outside of the United States except (1) as
    specifically authorized under an agreement for cooperation made
    pursuant to section 2153 of this title, including a specific
    authorization in a subsequent arrangement under section 2160 of
    this title, or (2) upon authorization by the Secretary of Energy
    after a determination that such activity will not be inimical to
    the interest of the United States: Provided, That any such
    determination by the Secretary of Energy shall be made only with
    the concurrence of the Department of State and after consultation
    with the Nuclear Regulatory Commission, the Department of Commerce,
    and the Department of Defense. The Secretary of Energy shall,
    within ninety days after March 10, 1978, establish orderly and
    expeditious procedures, including provision for necessary
    administrative actions and inter-agency memoranda of understanding,
    which are mutually agreeable to the Secretaries of State, Defense,
    and Commerce, and the Nuclear Regulatory Commission for the
    consideration of requests for authorization under this subsection.
    Such procedures shall include, at a minimum, explicit direction on
    the handling of such requests, express deadlines for the
    solicitation and collection of the views of the consulted agencies
    (with identified officials responsible for meeting such deadlines),
    an interagency coordinating authority to monitor the processing of
    such requests, predetermined procedures for the expeditious
    handling of intra-agency and inter-agency disagreements and appeals
    to higher authorities, frequent meetings of inter-agency
    administrative coordinators to review the status of all pending
    requests, and similar administrative mechanisms. To the extent
    practicable, an applicant should be advised of all the information
    required of the applicant for the entire process for every agency's
    needs at the beginning of the process. Potentially controversial
    requests should be identified as quickly as possible so that any
    required policy decisions or diplomatic consultations can be
    initiated in a timely manner. An immediate effort should be
    undertaken to establish quickly any necessary standards and
    criteria, including the nature of any required assurances or
    evidentiary showings, for the decision required under this
    subsection. The processing of any request proposed and filed as of
    March 10, 1978, shall not be delayed pending the development and
    establishment of procedures to implement the requirements of this
    subsection. Any trade secrets or proprietary information submitted
    by any person seeking an authorization under this subsection shall
    be afforded the maximum degree of protection allowable by law:
    Provided further, That the export of component parts as defined in
    section 2014(v)(2) or (cc)(2) of this title shall be governed by
    sections 2139 and 2155 of this title: Provided further, That
    notwithstanding section 7172(d) of this title, the Secretary of
    Energy and not the Federal Energy Regulatory Commission, shall have
    sole jurisdiction within the Department of Energy over any matter
    arising from any function of the Secretary of Energy in this
    section, section 2074(d), section 2094, or section 2141(b) of this
    title.
    (c) Distribution by Commission
      The Commission shall not - 
        (1) distribute any special nuclear material to any person for a
      use which is not under the jurisdiction of the United States
      except pursuant to the provisions of section 2074 of this title;
      or
        (2) distribute any special nuclear material or issue a license
      pursuant to section 2073 of this title to any person within the
      United States if the Commission finds that the distribution of
      such special nuclear material or the issuance of such license
      would be inimical to the common defense and security or would
      constitute an unreasonable risk to the health and safety of the
      public.
    (d) Establishment of classes of special nuclear material; exemption
      of materials, kinds of uses and users from requirement of license
      The Commission is authorized to establish classes of special
    nuclear material and to exempt certain classes or quantities of
    special nuclear material or kinds of uses or users from the
    requirements for a license set forth in this section when it makes
    a finding that the exemption of such classes or quantities of
    special nuclear material or such kinds of uses or users would not
    be inimical to the common defense and security and would not
    constitute an unreasonable risk to the health and safety of the
    public.
    (e) Transfer, etc., of special nuclear material
      Special nuclear material, as defined in section 2014 of this
    title, produced in facilities licensed under section 2133 or 2134
    of this title may not be transferred, reprocessed, used, or
    otherwise made available by any instrumentality of the United
    States or any other person for nuclear explosive purposes.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 57, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 932; amended Pub. L. 88-489, Sec. 12,
    Aug. 26, 1964, 78 Stat. 605; Pub. L. 93-377, Sec. 3, Aug. 17, 1974,
    88 Stat. 475; Pub. L. 95-242, title III, Sec. 302, Mar. 10, 1978,
    92 Stat. 126; Pub. L. 97-415, Sec. 14, Jan. 4, 1983, 96 Stat. 2075;
    renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.
    24, 1992, 106 Stat. 2944; Pub. L. 105-277, div. G, title XII, Sec.
    1225(d)(1), Oct. 21, 1998, 112 Stat. 2681-774; Pub. L. 108-458,
    title VI, Sec. 6803(a), Dec. 17, 2004, 118 Stat. 3768.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1805(a)(3) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-458 substituted "or participate
    in the development or production of any special nuclear material"
    for "in the production of any special nuclear material".
      1998 - Subsec. (b). Pub. L. 105-277 struck out "the Arms Control
    and Disarmament Agency," after "after consultation with" in first
    sentence and "the Director of the Arms Control and Disarmament
    Agency," after "Defense, and Commerce," in second sentence.
      1983 - Subsec. (e). Pub. L. 97-415 added subsec. (e).
      1978 - Subsec. (b). Pub. L. 95-242 substituted "except (1) as
    specifically authorized under an agreement for cooperation made
    pursuant to section 2153 of this title, including a specific
    authorization in a subsequent arrangement under section 2160 of
    this title, or (2) upon authorization by the Secretary of Energy
    after a determination that such activity will not be inimical to
    the interest of the United States" for "except (1) under an
    agreement for cooperation made pursuant to section 2153 of this
    title, or (2) upon authorization by the Commission after a
    determination that such activity will not be inimical to the
    interest of the United States" in existing provisions and inserted
    provisos relating to determinations by the Secretary of Energy, the
    procedures to be followed in processing authorization requests, the
    export of component parts, and the jurisdiction of the Secretary of
    Energy.
      1974 - Subsec. (d). Pub. L. 93-377 added subsec. (d).
      1964 - Pub. L. 88-489 amended section generally, and among other
    changes, included all special nuclear materials within the section,
    struck out condition that such material be "the property of the
    United States", included delivery, acquisition, ownership and
    receiving possession of or title to any special nuclear material
    within the acts prohibited to persons, prohibited the Commission
    from issuing a license pursuant to section 2073 of this title if
    the Commission finds that the issuance would be inimical to the
    common defense and security or would constitute an unreasonable
    risk to the health and safety of the public, and extended the power
    of the Commission to refuse to distribute any special nuclear
    material if it finds that the distribution would constitute an
    unreasonable risk to the health and safety of the public.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
    1999, or date of abolition of the United States Arms Control and
    Disarmament Agency pursuant to reorganization plan described in
    section 6601 of Title 22, Foreign Relations and Intercourse, see
    section 1201 of Pub. L. 105-277, set out as an Effective Date note
    under section 6511 of Title 22.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as
    otherwise provided and regardless of any requirement for the
    promulgation of implementing regulations, see section 603(c) of
    Pub. L. 95-242, set out as an Effective Date note under section
    3201 of Title 22, Foreign Relations and Intercourse.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-MISC2-
        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under this chapter, as amended by
    the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
    1978, 92 Stat. 120, not to be delayed pending development of
    procedures even though as many as 120 days [after Mar. 10, 1978]
    are allowed for establishing those procedures, see section 5(b) of
    Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
    section 3201 of Title 22, Foreign Relations and Intercourse.

-End-

-CITE-
    42 USC Sec. 2078                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER V - SPECIAL NUCLEAR MATERIAL

-HEAD-
    Sec. 2078. Congressional review of guaranteed purchase price,
      guaranteed purchase price period, and criteria for waiver of
      charges

-STATUTE-
      Before the Commission establishes any guaranteed purchase price
    or guaranteed purchase price period in accordance with the
    provisions of section 2076 of this title, or establishes any
    criteria for the waiver of any charge for the use of special
    nuclear material licensed and distributed under section 2073 of
    this title, the proposed guaranteed purchase price, guaranteed
    purchase price period, or criteria for the waiver of such charge
    shall be submitted to the Energy Committees and a period of forty-
    five days shall elapse while Congress is in session (in computing
    such forty-five days there shall be excluded the days in which
    either House is not in session because of adjournment for more than
    three days): Provided, however, That the Energy Committees, after
    having received the proposed guaranteed purchase price, guaranteed
    purchase price period, or criteria for the waiver of such charge,
    may by resolution in writing waive the conditions of, or all or any
    portion of, such forty-five-day period.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 58, as added Pub. L. 85-79,
    Sec. 2, July 3, 1957, 71 Stat. 275; amended Pub. L. 88-489, Sec.
    13, Aug. 26, 1964, 78 Stat. 605; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub.
    L. 103-437, Sec. 15(f)(4), Nov. 2, 1994, 108 Stat. 4592.)

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-437 substituted "Energy Committees" for "Joint
    Committee" in two places.
      1964 - Pub. L. 88-489 substituted "guaranteed purchase" and
    "purchase" for "fair" wherever appearing, "licensed and
    distributed" for "licensed or distributed", and provided that the
    Joint Committee resolution waiving the conditions of the forty-five-
    day period must be in writing.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC SUBCHAPTER VI - SOURCE MATERIAL                      01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-
                      SUBCHAPTER VI - SOURCE MATERIAL                  

-End-

-CITE-
    42 USC Sec. 2091                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-
    Sec. 2091. Determination of source material

-STATUTE-
      The Commission may determine from time to time that other
    material is source material in addition to those specified in the
    definition of source material. Before making such determination,
    the Commission must find that such material is essential to the
    production of special nuclear material and must find that the
    determination that such material is source material is in the
    interest of the common defense and security, and the President must
    have expressly assented in writing to the determination. The
    Commission's determination, together with the assent of the
    President, shall be submitted to the Energy Committees and a period
    of thirty days shall elapse while Congress is in session (in
    computing such thirty days, there shall be excluded the days on
    which either House is not in session because of an adjournment of
    more than three days) before the determination of the Commission
    may become effective: Provided, however, That the Energy
    Committees, after having received such determination, may by
    resolution in writing waive the conditions of or all or any portion
    of such thirty-day period.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 61, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 932; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;
    amended Pub. L. 103-437, Sec. 15(f)(4), Nov. 2, 1994, 108 Stat.
    4592.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1805(b)(1) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      1994 - Pub. L. 103-437 substituted "Energy Committees" for "Joint
    Committee" in two places.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2092                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-
    Sec. 2092. License requirements for transfers

-STATUTE-
      Unless authorized by a general or specific license issued by the
    Commission which the Commission is authorized to issue, no person
    may transfer or receive in interstate commerce, transfer, deliver,
    receive possession of or title to, or import into or export from
    the United States any source material after removal from its place
    of deposit in nature, except that licenses shall not be required
    for quantities of source material which, in the opinion of the
    Commission, are unimportant.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 62, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 932; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1805(b)(2) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2093                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-
    Sec. 2093. Domestic distribution of source material

-STATUTE-
    (a) License
      The Commission is authorized to issue licenses for and to
    distribute source material within the United States to qualified
    applicants requesting such material - 
        (1) for the conduct of research and development activities of
      the types specified in section 2051 of this title;
        (2) for use in the conduct of research and development
      activities or in medical therapy under a license issued pursuant
      to section 2134 of this title;
        (3) for use under a license issued pursuant to section 2133 of
      this title; or
        (4) for any other use approved by the Commission as an aid to
      science or industry.
    (b) Minimum criteria for licenses
      The Commission shall establish, by rule, minimum criteria for the
    issuance of specific or general licenses for the distribution of
    source material depending upon the degree of importance to the
    common defense and security or to the health and safety of the
    public of - 
        (1) the physical characteristics of the source material to be
      distributed;
        (2) the quantities of source material to be distributed; and
        (3) the intended use of the source material to be distributed.
    (c) Determination of charges
      The Commission may make a reasonable charge determined pursuant
    to section 2201(m) of this title for the source material licensed
    and distributed under subsection (a)(1), (a)(2), or (a)(4) of this
    section and shall make a reasonable charge determined pursuant to
    section 2201(m) of this title, for the source material licensed and
    distributed under subsection (a)(3) of this section. The Commission
    shall establish criteria in writing for the determination of
    whether a charge will be made for the source material licensed and
    distributed under subsection (a)(1), (a)(2), or (a)(4) of this
    section, considering, among other things, whether the licensee is a
    nonprofit or eleemosynary institution and the purposes for which
    the source material will be used.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 63, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 933; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1805(b)(3) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2094                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-
    Sec. 2094. Foreign distribution of source material

-STATUTE-
      The Commission is authorized to cooperate with any nation by
    distributing source material and to distribute source material
    pursuant to the terms of an agreement for cooperation to which such
    nation is a party and which is made in accordance with section 2153
    of this title. The Commission is also authorized to distribute
    source material outside of the United States upon a determination
    by the Commission that such activity will not be inimical to the
    interests of the United States. The authority to distribute source
    material under this section other than under an export license
    granted by the Nuclear Regulatory Commission shall in no case
    extend to quantities of source material in excess of three metric
    tons per year per recipient.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 64, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 933; amended Pub. L. 95-242, title III,
    Sec. 301(b), Mar. 10, 1978, 92 Stat. 125; renumbered title I, Pub.
    L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
    2944.)

-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-242 provided that the authority to distribute
    source material under this section other than under an export
    license granted by the Nuclear Regulatory Commission shall in no
    case extend to quantities of source material in excess of three
    metric tons per year per recipient.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as
    otherwise provided and regardless of any requirement for the
    promulgation of implementing regulations, see section 603(c) of
    Pub. L. 95-242, set out as an Effective Date note under section
    3201 of Title 22, Foreign Relations and Intercourse.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-MISC2-
        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under this chapter, as amended by
    the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
    1978, 92 Stat. 120, not to be delayed pending development of
    procedures even though as many as 120 days [after Mar. 10, 1978]
    are allowed for establishing those procedures, see section 5(b) of
    Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
    section 3201 of Title 22, Foreign Relations and Intercourse.

-End-

-CITE-
    42 USC Sec. 2095                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-
    Sec. 2095. Reports

-STATUTE-
      The Commission is authorized to issue such rules, regulations, or
    orders requiring reports of ownership, possession, extraction,
    refining, shipment, or other handling of source material as it may
    deem necessary, except that such reports shall not be required with
    respect to (a) any source material prior to removal from its place
    of deposit in nature, or (b) quantities of source material which in
    the opinion of the Commission are unimportant or the reporting of
    which will discourage independent prospecting for new deposits.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 65, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 933; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1805(b)(4) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2096                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-
    Sec. 2096. Acquisition of source material; payments

-STATUTE-
      The Commission is authorized and directed, to the extent it deems
    necessary to effectuate the provisions of this chapter - 
        (a) to purchase, take, requisition, condemn, or otherwise
      acquire supplies of source material;
        (b) to purchase, condemn, or otherwise acquire any interest in
      real property containing deposits of source material; and
        (c) to purchase, condemn, or otherwise acquire rights to enter
      upon any real property deemed by the Commission to have
      possibilities of containing deposits of source material in order
      to conduct prospecting and exploratory operations for such
      deposits.

    Any purchase made under this section may be made without regard to
    the provisions of section 5 of title 41, upon certification by the
    Commission that such action is necessary in the interest of the
    common defense and security, or upon a showing by the Commission
    that advertising is not reasonably practicable. Partial and
    advanced payments may be made under contracts for such purposes.
    The Commission may establish guaranteed prices for all source
    material delivered to it within a specified time. Just compensation
    shall be made for any right, property, or interest in property
    taken, requisitioned, condemned, or otherwise acquired under this
    section.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 66, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 933; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1805(b)(5) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2097                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-
    Sec. 2097. Operations on lands belonging to United States

-STATUTE-
      The Commission is authorized, to the extent it deems necessary to
    effectuate the provisions of this chapter, to issue leases or
    permits for prospecting for, exploration for, mining of, or removal
    of deposits of source material in lands belonging to the United
    States: Provided, however, That notwithstanding any other
    provisions of law, such leases or permits may be issued for lands
    administered for national park, monument, and wildlife purposes
    only when the President by Executive Order declares that the
    requirements of the common defense and security make such action
    necessary.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 67, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 934; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2098                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-
    Sec. 2098. Public and acquired lands

-STATUTE-
    (a) Conditions on location, entry, and settlement
      No individual, corporation, partnership, or association, which
    had any part, directly or indirectly, in the development of the
    atomic energy program, may benefit by any location, entry, or
    settlement upon the public domain made after such individual,
    corporation, partnership, or association took part in such project,
    if such individual, corporation, partnership, or association, by
    reason of having had such part in the development of the atomic
    energy program, acquired confidential official information as to
    the existence of deposits of such uranium, thorium, or other
    materials in the specific lands upon which such location, entry, or
    settlement is made, and subsequent to August 30, 1954, made such
    location, entry, or settlement or caused the same to be made for
    his, or its, or their benefit.
    (b) Reservation of mineral rights; release
      Any reservation of radioactive mineral substances, fissionable
    materials, or source material, together with the right to enter
    upon the land and prospect for, mine, and remove the same, inserted
    pursuant to Executive Order 9613 of September 13, 1945, Executive
    Order 9701 of March 4, 1946, the Atomic Energy Act of 1946 [42
    U.S.C. 1801 et seq.], or Executive Order 9908 of December 5, 1947,
    in any patent, conveyance, lease, permit, or other authorization or
    instrument disposing of any interest in public or acquired lands of
    the United States, is released, remised, and quitclaimed to the
    person or persons entitled upon August 19, 1958 under the grant
    from the United States or successive grants to the ownership,
    occupancy, or use of the land under the applicable Federal or State
    laws: Provided, however, That in cases where any such reservation
    on acquired lands of the United States has been heretofore
    released, remised, or quitclaimed subsequent to August 12, 1954, in
    reliance upon authority deemed to have been contained in the Atomic
    Energy Act of 1946, as amended, or the Atomic Energy Act of 1954
    [42 U.S.C. 2011 et seq.], as heretofore amended, the same shall be
    valid and effective in all respects to the same extent as if public
    lands and not acquired lands had been involved. The foregoing
    release shall be subject to any rights which may have been granted
    by the United States pursuant to any such reservation, but the
    releases shall be subrogated to the rights of the United States.
    (c) Prior locations
      Notwithstanding the provisions of the Atomic Energy Act of 1946,
    as amended [42 U.S.C. 1801 et seq.], and particularly section
    5(b)(7) thereof [42 U.S.C. 1805(b)(7)], or the provisions of
    sections 501 to 505 of title 30, and particularly section 503 of
    title 30, any mining claim, heretofore located under the mining
    laws of the United States, for or based upon a discovery of a
    mineral deposit which is a source material and which, except for
    the possible contrary construction of said Atomic Energy Act, would
    have been locatable under such mining laws, shall, insofar as
    adversely affected by such possible contrary construction, be valid
    and effective, in all respects to the same extent as if said
    mineral deposit were a locatable mineral deposit other than a
    source material.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 68, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 934; amended Pub. L. 85-681, Sec. 3,
    Aug. 19, 1958, 72 Stat. 632; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Atomic Energy Act of 1946, referred to in subsecs. (b) and
    (c), is act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was
    classified generally to chapter 14 (Sec. 1801 et seq.) of this
    title prior to the general amendment by act Aug. 30, 1954, ch.
    1073, 68 Stat. 921. The act of Aug. 1, 1946, ch. 724, is now known
    as the Atomic Energy Act of 1954, and is classified principally to
    this chapter (Sec. 2011 et seq.). For complete classification of
    the Atomic Energy Act of 1954 to the Code, see Short Title note set
    out under section 2011 of this title and Tables.
      Section 5(b)(7) thereof, referred to in subsec. (c), was
    classified to section 1805(b)(7) of this title and was omitted in
    the general amendment of the Atomic Energy Act of 1946 by act Aug.
    30, 1954, ch. 1073, 68 Stat. 921.
      The Atomic Energy Act of 1954, referred to in subsec. (b), is act
    Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,
    Sec. 1, 68 Stat. 921, and amended, which is classified principally
    to this chapter. For complete classification of this Act to the
    Code, see Short Title note set out under section 2011 of this title
    and Tables.
      The mining laws of the United States, referred to in subsec. (c),
    are classified generally to Title 30, Mineral Lands and Mining.
      Ex. Ord. No. 9908, eff. Dec. 5, 1947, 12 F.R. 8223; Ex. Ord. No.
    9701 eff. Mar. 7, 1946, 11 F.R. 2369, and Ex. Ord. No. 9613, eff.
    Sept. 13, 1945, 10 F.R. 11789, referred to in subsec. (b), related
    to reservation of source material in certain lands owned by the
    United States; reservation of rights to fissionable materials in
    lands owned by the United States; and withdrawal and reservation
    for the use of the United States lands containing radio-active
    mineral substances. Ex. Ord. No. 10596, eff. Feb. 15, 1955, 20 F.R.
    1007, revoked Ex. Ord. No. 9908, which had revoked Ex. Ord. No.
    9701, which had earlier revoked Ex. Ord. No. 9613.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1805(b)(7) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      1958 - Subsec. (b). Pub. L. 85-681 provided a general release of
    reservations of fissionable materials or source materials under
    acquired lands of the United States as well as public lands.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2099                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VI - SOURCE MATERIAL

-HEAD-
    Sec. 2099. Prohibitions against issuance of license

-STATUTE-
      The Commission shall not license any person to transfer or
    deliver, receive possession of or title to, or import into or
    export from the United States any source material if, in the
    opinion of the Commission, the issuance of a license to such person
    for such purpose would be inimical to the common defense and
    security or the health and safety of the public.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 69, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 934; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1805(d)(2) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC SUBCHAPTER VII - BYPRODUCT MATERIALS                 01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VII - BYPRODUCT MATERIALS

-HEAD-
                   SUBCHAPTER VII - BYPRODUCT MATERIALS               

-End-

-CITE-
    42 USC Sec. 2111                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VII - BYPRODUCT MATERIALS

-HEAD-
    Sec. 2111. Domestic distribution

-STATUTE-
    (a) In general
      No person may transfer or receive in interstate commerce,
    manufacture, produce, transfer, acquire, own, possess, import, or
    export any byproduct material, except to the extent authorized by
    this section, section 2112 or section 2114 of this title. The
    Commission is authorized to issue general or specific licenses to
    applicants seeking to use byproduct material for research or
    development purposes, for medical therapy, industrial uses,
    agricultural uses, or such other useful applications as may be
    developed. The Commission may distribute, sell, loan, or lease such
    byproduct material as it owns to qualified applicants with or
    without charge: Provided, however, That, for byproduct material to
    be distributed by the Commission for a charge, the Commission shall
    establish prices on such equitable basis as, in the opinion of the
    Commission, (a) will provide reasonable compensation to the
    Government for such material, (b) will not discourage the use of
    such material or the development of sources of supply of such
    material independent of the Commission, and (c) will encourage
    research and development. In distributing such material, the
    Commission shall give preference to applicants proposing to use
    such material either in the conduct of research and development or
    in medical therapy. The Commission shall not permit the
    distribution of any byproduct material to any licensee, and shall
    recall or order the recall of any distributed material from any
    licensee, who is not equipped to observe or who fails to observe
    such safety standards to protect health as may be established by
    the Commission or who uses such material in violation of law or
    regulation of the Commission or in a manner other than as disclosed
    in the application therefor or approved by the Commission. The
    Commission is authorized to establish classes of byproduct material
    and to exempt certain classes or quantities of material or kinds of
    uses or users from the requirements for a license set forth in this
    section when it makes a finding that the exemption of such classes
    or quantities of such material or such kinds of uses or users will
    not constitute an unreasonable risk to the common defense and
    security and to the health and safety of the public.
    (b) Requirements
      (1) In general
        Except as provided in paragraph (2), byproduct material, as
      defined in paragraphs (3) and (4) of section 2014(e) of this
      title, may only be transferred to and disposed of in a disposal
      facility that - 
          (A) is adequate to protect public health and safety; and
          (B)(i) is licensed by the Commission; or
          (ii) is licensed by a State that has entered into an
        agreement with the Commission under section 2021(b) of this
        title, if the licensing requirements of the State are
        compatible with the licensing requirements of the Commission.
      (2) Effect of subsection
        Nothing in this subsection affects the authority of any entity
      to dispose of byproduct material, as defined in paragraphs (3)
      and (4) of section 2014(e) of this title, at a disposal facility
      in accordance with any Federal or State solid or hazardous waste
      law, including the Solid Waste Disposal Act (42 U.S.C. 6901 et
      seq.).
    (c) Treatment as low-level radioactive waste
      Byproduct material, as defined in paragraphs (3) and (4) of
    section 2014(e) of this title, disposed of under this section shall
    not be considered to be low-level radioactive waste for the
    purposes of - 
        (1) section 2 of the Low-Level Radioactive Waste Policy Act (42
      U.S.C. 2021b); or
        (2) carrying out a compact that is - 
          (A) entered into in accordance with that Act (42 U.S.C. 2021b
        et seq.); and
          (B) approved by Congress.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 81, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 935; amended Pub. L. 93-377, Sec. 4,
    Aug. 17, 1974, 88 Stat. 475; Pub. L. 95-604, title II, Sec. 205(b),
    Nov. 8, 1978, 92 Stat. 3039; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
    109-58, title VI, Sec. 651(e)(3)(A), Aug. 8, 2005, 119 Stat. 807.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Solid Waste Disposal Act, referred to in subsec. (b)(2), is
    title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
    generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,
    which is classified generally to chapter 82 (Sec. 6901 et seq.) of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 6901 of this title and
    Tables.
      The Low-Level Radioactive Waste Policy Act, referred to in
    subsec. (c)(2)(A), is Pub. L. 96-573, as amended generally by Pub.
    L. 99-240, title I, Sec. 102, Jan. 15, 1986, 99 Stat. 1842, which
    is classified generally to section 2021b et seq. of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 2021b of this title and Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1805(c)(2) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      2005 - Pub. L. 109-58 designated existing provisions as subsec.
    (a), inserted heading, and added subsecs. (b) and (c).
      1978 - Pub. L. 95-604 inserted reference to section 2114 of this
    title.
      1974 - Pub. L. 93-377 substituted "qualified applicants with or
    without charge" for "licensees with or without charge", and struck
    out "Licensees of the Commission may distribute byproduct material
    only to applicants therefor who are licensed by the Commission to
    receive such byproduct material" before "The Commission shall not".

-End-

-CITE-
    42 USC Sec. 2112                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VII - BYPRODUCT MATERIALS

-HEAD-
    Sec. 2112. Foreign distribution of byproduct material

-STATUTE-
    (a) Cooperation with other Nations
      The Commission is authorized to cooperate with any nation by
    distributing byproduct material, and to distribute byproduct
    material, pursuant to the terms of an agreement for cooperation to
    which such nation is party and which is made in accordance with
    section 2153 of this title.
    (b) Distribution to individuals
      The Commission is also authorized to distribute byproduct
    material to any person outside the United States upon application
    therefor by such person and demand such charge for such material as
    would be charged for the material if it were distributed within the
    United States: Provided, however, That the Commission shall not
    distribute any such material to any person under this section if,
    in its opinion, such distribution would be inimical to the common
    defense and security: And provided further, That the Commission may
    require such reports regarding the use of material distributed
    pursuant to the provisions of this section as it deems necessary.
    (c) Distributor's license
      The Commission is authorized to license others to distribute
    byproduct material to any person outside the United States under
    the same conditions, except as to charges, as would be applicable
    if the material were distributed by the Commission.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 82, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 935; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2113                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VII - BYPRODUCT MATERIALS

-HEAD-
    Sec. 2113. Ownership and custody of certain byproduct material and
      disposal sites

-STATUTE-
    (a) Specific assurances in license for pretermination actions
      Any license issued or renewed after the effective date of this
    section under section 2092 or section 2111 of this title for any
    activity which results in the production of any byproduct material,
    as defined in section 2014(e)(2) of this title, shall contain such
    terms and conditions as the Commission determines to be necessary
    to assure that, prior to termination of such license - 
        (1) the licensee will comply with decontamination,
      decommissioning, and reclamation standards prescribed by the
      Commission for sites (A) at which ores were processed primarily
      for their source material content and (B) at which such byproduct
      material is deposited, and
        (2) ownership of any byproduct material, as defined in section
      2014(e)(2) of this title, which resulted from such licensed
      activity shall be transferred to (A) the United States or (B) in
      the State in which such activity occurred if such State exercises
      the option under subsection (b)(1) of this section to acquire
      land used for the disposal of byproduct material.

    Any license which is in effect on the effective date of this
    section and which is subsequently terminated without renewal shall
    comply with paragraphs (1) and (2) upon termination.
    (b) Transfer of title; health and environmental protection through
      maintenance of property and materials; use of surface or
      subsurface estates: first refusal rights of transferor;
      maintenance, monitoring, and emergency measures and other
      authorized action; licensee-transferor liability for fraud or
      negligence; administrative and legal costs limitation; government
      retransfers under section 7914(h) of this title
      (1)(A) The Commission shall require by rule, regulation, or order
    that prior to the termination of any license which is issued after
    the effective date of this section, title to the land, including
    any interests therein (other than land owned by the United States
    or by a State) which is used for the disposal of any byproduct
    material, as defined by section 2014(e)(2) of this title, pursuant
    to such license shall be transferred to - 
        (i) the United States, or
        (ii) the State in which such land is located, at the option of
      such State,

    unless the Commission determines prior to such termination that
    transfer of title to such land and such byproduct material is not
    necessary or desirable to protect the public health, safety, or
    welfare or to minimize or eliminate danger to life or property.
    Such determination shall be made in accordance with section 2231 of
    this title. Notwithstanding any other provision of law or any such
    determination, such property and materials shall be maintained
    pursuant to a license issued by the Commission pursuant to section
    2111 of this title in such manner as will protect the public
    health, safety, and the environment.
      (B) If the Commission determines by order that use of the surface
    or subsurface estates, or both, of the land transferred to the
    United States or to a State under subparagraph (A) would not
    endanger the public health, safety, welfare, or environment, the
    Commission, pursuant to such regulations as it may prescribe, shall
    permit the use of the surface or subsurface estates, or both, of
    such land in a manner consistent with the provisions of this
    section. If the Commission permits such use of such land, it shall
    provide the person who transferred such land with the right of
    first refusal with respect to such use of such land.
      (2) If transfer to the United States of title to such byproduct
    material and such land is required under this section, the
    Secretary of Energy or any Federal agency designated by the
    President shall, following the Commission's determination of
    compliance under subsection (c) of this section, assume title and
    custody of such byproduct material and land transferred as provided
    in this subsection. Such Secretary or Federal agency shall maintain
    such material and land in such manner as will protect the public
    health and safety and the environment. Such custody may be
    transferred to another officer or instrumentality of the United
    States only upon approval of the President.
      (3) If transfer to a State of title to such byproduct material is
    required in accordance with this subsection, such State shall,
    following the Commission's determination of compliance under
    subsection (d) of this section, assume title and custody of such
    byproduct material and land transferred as provided in this
    subsection. Such State shall maintain such material and land in
    such manner as will protect the public health, safety, and the
    environment.
      (4) In the case of any such license under section 2092 of this
    title, which was in effect on the effective date of this section,
    the Commission may require, before the termination of such license,
    such transfer of land and interests therein (as described in
    paragraph (1) of this subsection) to the United States or a State
    in which such land is located, at the option of such State, as may
    be necessary to protect the public health, welfare, and the
    environment from any effects associated with such byproduct
    material. In exercising the authority of this paragraph, the
    Commission shall take into consideration the status of the
    ownership of such land and interests therein and the ability of the
    licensee to transfer title and custody thereof to the United States
    or a State.
      (5) The Commission may, pursuant to a license, or by rule or
    order, require the Secretary or other Federal agency or State
    having custody of such property and materials to undertake such
    monitoring, maintenance, and emergency measures as are necessary to
    protect the public health and safety and such other actions as the
    Commission deems necessary to comply with the standards promulgated
    pursuant to section 2114 of this title. The Secretary or such other
    Federal agency is authorized to carry out maintenance, monitoring,
    and emergency measures, but shall take no other action pursuant to
    such license, rule or order, with respect to such property and
    materials unless expressly authorized by Congress after November 8,
    1978.
      (6) The transfer of title to land or byproduct materials, as
    defined in section 2014(e)(2) of this title, to a State or the
    United States pursuant to this subsection shall not relieve any
    licensee of liability for any fraudulent or negligent acts done
    prior to such transfer.
      (7) Material and land transferred to the United States or a State
    in accordance with this subsection shall be transferred without
    cost to the United States or a State (other than administrative and
    legal costs incurred in carrying out such transfer). Subject to the
    provisions of paragraph (1)(B) of this subsection, the United
    States or a State shall not transfer title to material or property
    acquired under this subsection to any person, unless such transfer
    is in the same manner as provided under section 7914(h) of this
    title.
      (8) The provisions of this subsection respecting transfer of
    title and custody to land shall not apply in the case of lands held
    in trust by the United States for any Indian tribe or lands owned
    by such Indian tribe subject to a restriction against alienation
    imposed by the United States. In the case of such lands which are
    used for the disposal of byproduct material, as defined in section
    2014(e)(2) of this title, the licensee shall be required to enter
    into such arrangements with the Commission as may be appropriate to
    assure the long-term maintenance and monitoring of such lands by
    the United States.
    (c) Compliance with applicable standards and license requirements;
      determination upon termination of license
      Upon termination on (!1) any license to which this section
    applies, the Commission shall determine whether or not the licensee
    has complied with all applicable standards and requirements under
    such license.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 83, as added Pub. L. 95-604,
    title II, Sec. 202(a), Nov. 8, 1978, 92 Stat. 3033; amended Pub. L.
    96-106, Sec. 22(c), (e), Nov. 9, 1979, 93 Stat. 800; renumbered
    title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
    106 Stat. 2944.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Effective date of this section, referred to in subsecs. (a) and
    (b)(1)(A), (4), is three years after Nov. 8, 1978, see section
    202(b) of Pub. L. 95-604, set out as an Effective Date note below.

-MISC1-
                                AMENDMENTS                            
      1979 - Subsec. (a). Pub. L. 96-106, Sec. 22(c), substituted "Any
    license which is in effect on the effective date of this section
    and which is subsequently terminated without renewal shall comply
    with paragraphs (1) and (2) upon termination" for "Any license in
    effect on November 8, 1978, shall either contain such terms and
    conditions on renewal thereof after the effective date of this
    section, or comply with paragraphs (1) and (2) upon the termination
    of such license, whichever first occurs".
      Subsec. (b)(1)(A). Pub. L. 96-106, Sec. 22(e), among other
    changes, substituted reference to section 2111 of this title for
    reference to section 2114(b) of this title.

                              EFFECTIVE DATE                          
      Section 202(b) of Pub. L. 95-604 provided that: "This section
    [enacting this section] shall be effective three years after the
    enactment of this Act [Nov. 8, 1978]."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-MISC2-
                 CONSOLIDATION OF LICENSES AND PROCEDURES             
      Section 209 of Pub. L. 95-604 provided that: "The Nuclear
    Regulatory Commission shall consolidate, to the maximum extent
    practicable, licenses and licensing procedures under amendments
    made by this title [see Effective Date of 1978 Amendment note set
    out under section 2014 of this title] with licenses and licensing
    procedures under other authorities contained in the Atomic Energy
    Act of 1954 [this chapter]."
      [Provision effective Nov. 8, 1978, see section 208 of Pub. L. 95-
    604, set out as an Effective Date of 1978 Amendment note under
    section 2014 of this title].

-FOOTNOTE-
    (!1) So in original. Probably should be "of".

-End-

-CITE-
    42 USC Sec. 2114                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VII - BYPRODUCT MATERIALS

-HEAD-
    Sec. 2114. Authorities of Commission respecting certain byproduct
      material

-STATUTE-
    (a) Management function
      The Commission shall insure that the management of any byproduct
    material, as defined in section 2014(e)(2) of this title, is
    carried out in such manner as - 
        (1) the Commission deems appropriate to protect the public
      health and safety and the environment from radiological and non-
      radiological hazards associated with the processing and with the
      possession and transfer of such material, taking into account the
      risk to the public health, safety, and the environment, with due
      consideration of the economic costs and such other factors as the
      Commission determines to be appropriate,,(!1)

        (2) conforms with applicable general standards promulgated by
      the Administrator of the Environmental Protection Agency under
      section 2022 of this title, and
        (3) conforms to general requirements established by the
      Commission, with the concurrence of the Administrator, which are,
      to the maximum extent practicable, at least comparable to
      requirements applicable to the possession, transfer, and disposal
      of similar hazardous material regulated by the Administrator
      under the Solid Waste Disposal Act, as amended [42 U.S.C. 6901 et
      seq.].
    (b) Rules, regulations, or orders for certain activities; civil
      penalty
      In carrying out its authority under this section, the Commission
    is authorized to - 
        (1) by rule, regulation, or order require persons, officers, or
      instrumentalities exempted from licensing under section 2111 of
      this title to conduct monitoring, perform remedial work, and to
      comply with such other measures as it may deem necessary or
      desirable to protect health or to minimize danger to life or
      property, and in connection with the disposal or storage of such
      byproduct material; and
        (2) make such studies and inspections and to conduct such
      monitoring as may be necessary.

    Any violation by any person other than the United States or any
    officer or employee of the United States or a State of any rule,
    regulation, or order or licensing provision, of the Commission
    established under this section or section 2113 of this title shall
    be subject to a civil penalty in the same manner and in the same
    amount as violations subject to a civil penalty under section 2282
    of this title. Nothing in this section affects any authority of the
    Commission under any other provision of this chapter.
    (c) Alternative requirements or proposals
      In the case of sites at which ores are processed primarily for
    their source material content or which are used for the disposal of
    byproduct material as defined in section 2014(e)(2) of this title,
    a licensee may propose alternatives to specific requirements
    adopted and enforced by the Commission under this chapter. Such
    alternative proposals may take into account local or regional
    conditions, including geology, topography, hydrology and
    meteorology. The Commission may treat such alternatives as
    satisfying Commission requirements if the Commission determines
    that such alternatives will achieve a level of stabilization and
    containment of the sites concerned, and a level of protection for
    public health, safety, and the environment from radiological and
    nonradiological hazards associated with such sites, which is
    equivalent to, to the extent practicable, or more stringent than
    the level which would be achieved by standards and requirements
    adopted and enforced by the Commission for the same purpose and any
    final standards promulgated by the Administrator of the
    Environmental Protection Agency in accordance with section 2022 of
    this title.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 84, as added Pub. L. 95-604,
    title II, Sec. 205(a), Nov. 8, 1978, 92 Stat. 3039; amended Pub. L.
    97-415, Secs. 20, 22(a), Jan. 4, 1983, 96 Stat. 2079, 2080;
    renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.
    24, 1992, 106 Stat. 2944.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Solid Waste Disposal Act, as amended, referred to in subsec.
    (a)(3), is title II of Pub. L. 89-272, as amended generally by Pub.
    L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is
    classified generally to chapter 82 (Sec. 6901 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 6901 of this title and
    Tables.

-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (a)(1). Pub. L. 97-415, Sec. 22(a), inserted
    provision that the Commission is to take into account the risk to
    the public health, safety, and the environment, with due
    consideration of the economic costs and such other factors as the
    Commission determines to be appropriate.
      Subsec. (c). Pub. L. 97-415, Sec. 20, added subsec. (c).

                              EFFECTIVE DATE                          
      Section effective Nov. 8, 1978, see section 208 of Pub. L. 95-
    604, set out as an Effective Date of 1978 Amendment note under
    section 2014 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-FOOTNOTE-               

    (!1) So in original.

-End-

-CITE-
    42 USC SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC
           ENERGY                                          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY

-HEAD-
          SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY      

-End-

-CITE-
    42 USC Sec. 2121                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY

-HEAD-
    Sec. 2121. Authority of Commission

-STATUTE-
    (a) Research and development; weapons production; hazardous wastes;
      transfers of technologies
      The Commission is authorized to - 
        (1) conduct experiments and do research and development work in
      the military application of atomic energy;
        (2) engage in the production of atomic weapons, or atomic
      weapon parts, except that such activities shall be carried on
      only to the extent that the express consent and direction of the
      President of the United States has been obtained, which consent
      and direction shall be obtained at least once each year;
        (3) provide for safe storage, processing, transportation, and
      disposal of hazardous waste (including radioactive waste)
      resulting from nuclear materials production, weapons production
      and surveillance programs, and naval nuclear propulsion programs;
        (4) carry out research on and development of technologies
      needed for the effective negotiation and verification of
      international agreements on control of special nuclear materials
      and nuclear weapons; and
        (5) under applicable law (other than this paragraph) and
      consistent with other missions of the Department of Energy, make
      transfers of federally owned or originated technology to State
      and local governments, private industry, and universities or
      other nonprofit organizations so that the prospects for
      commercialization of such technology are enhanced.
    (b) Material for Department of Defense use
      The President from time to time may direct the Commission (1) to
    deliver such quantities of special nuclear material or atomic
    weapons to the Department of Defense for such use as he deems
    necessary in the interest of national defense, or (2) to authorize
    the Department of Defense to manufacture, produce, or acquire any
    atomic weapon or utilization facility for military purposes:
    Provided, however, That such authorization shall not extend to the
    production of special nuclear material other than that incidental
    to the operation of such utilization facilities.
    (c) Sale, lease, or loan to other Nations of materials for military
      applications
      The President may authorize the Commission or the Department of
    Defense, with the assistance of the other, to cooperate with
    another nation and, notwithstanding the provisions of section 2077,
    2092, or 2111 of this title, to transfer by sale, lease, or loan to
    that nation, in accordance with terms and conditions of a program
    approved by the President - 
        (1) nonnuclear parts of atomic weapons provided that such
      nation has made substantial progress in the development of atomic
      weapons, and other nonnuclear parts of atomic weapons systems
      involving Restricted Data provided that such transfer will not
      contribute significantly to that nation's atomic weapon design,
      development, or fabrication capability; for the purpose of
      improving that nation's state of training and operational
      readiness;
        (2) utilization facilities for military applications; and
        (3) source, byproduct, or special nuclear material for research
      on, development of, production of, or use in utilization
      facilities for military applications; and
        (4) source, byproduct, or special nuclear material for research
      on, development of, or use in atomic weapons: Provided, however,
      That the transfer of such material to that nation is necessary to
      improve its atomic weapon design, development, or fabrication
      capability: And provided further, That such nation has made
      substantial progress in the development of atomic weapons,

    whenever the President determines that the proposed cooperation and
    each proposed transfer arrangement for the nonnuclear parts of
    atomic weapons and atomic weapons systems, utilization facilities
    or source, byproduct, or special nuclear material will promote and
    will not constitute an unreasonable risk to the common defense and
    security, while such other nation is participating with the United
    States pursuant to an international arrangement by substantial and
    material contributions to the mutual defense and security:
    Provided, however, That the cooperation is undertaken pursuant to
    an agreement entered into in accordance with section 2153 of this
    title: And provided further, That if an agreement for cooperation
    arranged pursuant to this subsection provides for transfer of
    utilization facilities for military applications the Commission, or
    the Department of Defense with respect to cooperation it has been
    authorized to undertake, may authorize any person to transfer such
    utilization facilities for military applications in accordance with
    the terms and conditions of this subsection and of the agreement
    for cooperation.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 91, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 936; amended Pub. L. 85-479, Sec. 1,
    July 2, 1958, 72 Stat. 276; Pub. L. 101-189, div. C, title XXXI,
    Sec. 3157, Nov. 29, 1989, 103 Stat. 1684; renumbered title I, Pub.
    L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
    2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1806(a) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      1989 - Subsec. (a)(3) to (5). Pub. L. 101-189 added pars. (3) to
    (5).
      1958 - Subsec. (c). Pub. L. 85-479 added subsec. (c).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

                          DELEGATION OF FUNCTIONS                      
      Authority vested in President by subsec. (c) of this section
    delegated to Secretary of Defense and Secretary of Energy, see
    section 2(a)(1) of Ex. Ord. No. 10841, as amended, set out as a
    note under section 2153 of this title.

-MISC2-
     FORM OF CERTIFICATIONS REGARDING SAFETY OR RELIABILITY OF NUCLEAR
                             WEAPONS STOCKPILE
      Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3194], Oct. 30,
    2000, 114 Stat. 1654, 1654A-481, which was formerly set out as a
    note under this section, was renumbered section 4206 of Pub. L. 107-
    314, the Bob Stump National Defense Authorization Act for Fiscal
    Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(7),
    Nov. 24, 2003, 117 Stat. 1759, and is classified to section 2526 of
    Title 50, War and National Defense.

     AUTHORITY TO PROVIDE CERTIFICATE OF COMMENDATION TO DEPARTMENT OF
    ENERGY AND CONTRACTOR EMPLOYEES FOR EXEMPLARY SERVICE IN STOCKPILE
                         STEWARDSHIP AND SECURITY
      Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3195], Oct. 30,
    2000, 114 Stat. 1654, 1654A-481, which was formerly set out as a
    note under this section, was renumbered section 4605 of Pub. L. 107-
    314, the Bob Stump National Defense Authorization Act for Fiscal
    Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(i)(6),
    Nov. 24, 2003, 117 Stat. 1778, and is classified to section 2705 of
    Title 50, War and National Defense.

             NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION PROGRAM         
      Pub. L. 106-65, div. C, title XXXI, Sec. 3133, Oct. 5, 1999, 113
    Stat. 926, which was formerly set out as a note under this section,
    was renumbered section 4204 of Pub. L. 107-314, the Bob Stump
    National Defense Authorization Act for Fiscal Year 2003, by Pub. L.
    108-136, div. C, title XXXI, Sec. 3141(e)(5)(A)-(C), Nov. 24, 2003,
    117 Stat. 1758, and is classified to section 2524 of Title 50, War
    and National Defense.

                 REPORT ON STOCKPILE STEWARDSHIP CRITERIA             
      Pub. L. 105-261, div. C, title XXXI, Sec. 3158, Oct. 17, 1998,
    112 Stat. 2257, as amended by Pub. L. 106-65, div. A, title X, Sec.
    1067(3), Oct. 5, 1999, 113 Stat. 774, which was formerly set out as
    a note under this section, was renumbered section 4202 of Pub. L.
    107-314, the Bob Stump National Defense Authorization Act for
    Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(e)(3), Nov. 24, 2003, 117 Stat. 1758, and is classified to
    section 2522 of Title 50, War and National Defense.

    PANEL TO ASSESS THE RELIABILITY, SAFETY, AND SECURITY OF THE UNITED
                         STATES NUCLEAR STOCKPILE
      Pub. L. 105-261, div. C, title XXXI, Sec. 3159, Oct. 17, 1998,
    112 Stat. 2258, as amended by Pub. L. 106-65, div. A, title X, Sec.
    1067(3), Oct. 5, 1999, 113 Stat. 774; Pub. L. 107-107, div. C,
    title XXXI, Sec. 3156, Dec. 28, 2001, 115 Stat. 1379; Pub. L. 107-
    314, div. C, title XXXI, Sec. 3175, Dec. 2, 2002, 116 Stat. 2745,
    provided that:
      "(a) Requirement for Panel. - The Secretary of Defense, in
    consultation with the Secretary of Energy, shall enter into a
    contract with a federally funded research and development center to
    establish a panel for the assessment of the certification process
    for the reliability, safety, and security of the United States
    nuclear stockpile.
      "(b) Composition and Administration of Panel. - (1) The panel
    shall consist of private citizens of the United States with
    knowledge and expertise in the technical aspects of design,
    manufacture, and maintenance of nuclear weapons.
      "(2) The federally funded research and development center shall
    be responsible for establishing appropriate procedures for the
    panel, including selection of a panel chairman.
      "(c) Duties of Panel. - Each year the panel shall review and
    assess the following:
        "(1) The annual certification process, including the
      conclusions and recommendations resulting from the process, for
      the safety, security, and reliability of the nuclear weapons
      stockpile of the United States, as carried out by the directors
      of the national weapons laboratories.
        "(2) The long-term adequacy of the process of certifying the
      safety, security, and reliability of the nuclear weapons
      stockpile of the United States.
        "(3) The adequacy of the criteria established by the Secretary
      of Energy pursuant to section 3158 [formerly set out as a note
      above] for achieving the purposes for which those criteria are
      established.
      "(d) Report. - Not later than October 1 of 1999 and 2000, and not
    later than February 1, 2002, the panel shall submit to the
    Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives a report setting
    forth its findings and conclusions resulting from the review and
    assessment carried out for the year covered by the report. The
    report shall be submitted in classified and unclassified form.
      "(e) Cooperation of Other Agencies. - (1) The panel may secure
    directly from the Department of Energy, the Department of Defense,
    or any of the national weapons laboratories or plants or any other
    Federal department or agency information that the panel considers
    necessary to carry out its duties.
      "(2) For carrying out its duties, the panel shall be provided
    full and timely cooperation by the Secretary of Energy, the
    Secretary of Defense, the Commander of United States Strategic
    Command, the Directors of the Los Alamos National Laboratory, the
    Lawrence Livermore National Laboratory, the Sandia National
    Laboratories, the Savannah River Site, the Y-12 Plant, the Pantex
    Facility, and the Kansas City Plant, and any other official of the
    United States that the chairman of the panel determines as having
    information described in paragraph (1).
      "(3) The Secretary of Energy and the Secretary of Defense shall
    each designate at least one officer or employee of the Department
    of Energy and the Department of Defense, respectively, to serve as
    a liaison officer between the department and the panel.
      "(f) Funding. - The Secretary of Defense and the Secretary of
    Energy shall each contribute 50 percent of the amount of funds that
    are necessary for the panel to carry out its duties. Funds
    available for the Department of Energy for the National Nuclear
    Security Administration shall be available for the Department of
    Energy contribution.
      "(g) Termination of Panel. - The panel shall terminate April 1,
    2003.
      "(h) Initial Implementation. - The Secretary of Defense shall
    enter into the contract required under subsection (a) not later
    than 60 days after the date of the enactment of this Act [Oct. 17,
    1998]. The panel shall convene its first meeting not later than 30
    days after the date as of which all members of the panel have been
    appointed.
      "(i) Follow-Up Report. - Not later than February 1, 2003, the
    panel shall submit to the Committee on Armed Services of the Senate
    and the Committee on Armed Services of the House of Representatives
    a follow-up report assessing progress toward meeting the
    expectations set forth by the panel for the United States stockpile
    stewardship program, and making recommendations for corrective
    legislative action where progress has been unsatisfactory."

     COMMISSION ON MAINTAINING UNITED STATES NUCLEAR WEAPONS EXPERTISE 
      Pub. L. 104-201, div. C, title XXXI, Sec. 3162, Sept. 23, 1996,
    110 Stat. 2843, as amended by Pub. L. 105-85, div. C, title XXXI,
    Sec. 3163, Nov. 18, 1997, 111 Stat. 2049, provided that:
      "(a) Establishment. - There is hereby established a commission to
    be known as the 'Commission on Maintaining United States Nuclear
    Weapons Expertise' (in this section referred to as the
    'Commission').
      "(b) Organizational Matters. - (1)(A) The Commission shall be
    composed of eight members appointed from among individuals in the
    public and private sectors who have significant experience in
    matters relating to nuclear weapons, as follows:
        "(i) Two shall be appointed by the majority leader of the
      Senate (in consultation with the minority leader of the Senate).
        "(ii) One shall be appointed by the minority leader of the
      Senate (in consultation with the majority leader of the Senate).
        "(iii) Two shall be appointed by the Speaker of the House of
      Representatives (in consultation with the minority leader of the
      House of Representatives).
        "(iv) One shall be appointed by the minority leader of the
      House of Representatives (in consultation with the Speaker of the
      House of Representatives).
        "(v) Two shall be appointed by the Secretary of Energy.
      "(B) Members shall be appointed for the life of the Commission.
    Any vacancy in the Commission shall not affect its powers, but
    shall be filled in the same manner as the original appointment.
      "(C) The chairman of the Commission shall be designated from
    among the members of the Commission appointed under subparagraph
    (A) by the majority leader of the Senate, in consultation with the
    Speaker of the House of Representatives, the minority leader of the
    Senate, and the minority leader of the House of Representatives.
    The chairman may be designated once five members of the Commission
    have been appointed under subparagraph (A).
      "(D) Members shall be appointed not later than 60 days after the
    date of the enactment of this Act [Sept. 23, 1996].
      "(E) The Commission may commence its activities under this
    section upon the designation of the chairman of the Commission
    under subparagraph (C).
      "(2) The members of the Commission shall establish procedures for
    the activities of the Commission, including procedures for calling
    meetings, requirements for quorums, and the manner of taking votes.
      "(c) Duties. - (1) The Commission shall develop a plan for
    recruiting and retaining within the Department of Energy nuclear
    weapons complex such scientific, engineering, and technical
    personnel as the Commission determines appropriate in order to
    permit the Department to maintain over the long term a safe and
    reliable nuclear weapons stockpile without engaging in underground
    testing.
      "(2) In developing the plan, the Commission shall - 
        "(A) identify actions that the Secretary may undertake to
      attract qualified scientific, engineering, and technical
      personnel to the nuclear weapons complex of the Department; and
        "(B) review and recommend improvements to the on-going efforts
      of the Department to attract such personnel to the nuclear
      weapons complex.
      "(d) Report. - Not later than March 15, 1999, the Commission
    shall submit to the Secretary and to Congress a report containing
    the plan developed under subsection (c). The report may include
    recommendations for legislation and administrative action.
      "(e) Commission Personnel Matters. - (1) Each member of the
    Commission who is not an officer or employee of the Federal
    Government shall be compensated at a rate equal to the daily
    equivalent of the annual rate of basic pay prescribed for level IV
    of the Executive Schedule under section 5315 of title 5, United
    States Code, for each day (including travel time) during which such
    member is engaged in the performance of the duties of the
    Commission. All members of the Commission who are officers or
    employees of the United States shall serve without compensation in
    addition to that received for their services as officers or
    employees of the United States.
      "(2) The members of the Commission shall be allowed travel
    expenses, including per diem in lieu of subsistence, at rates
    authorized for employees of agencies under subchapter I of chapter
    57 of title 5, United States Code, while away from their homes or
    regular places of business in the performance of services for the
    Commission.
      "(3) The Commission may, without regard to the civil service laws
    and regulations, appoint and terminate such personnel as may be
    necessary to enable the Commission to perform its duties. The
    Commission may fix the compensation of the personnel of the
    Commission without regard to the provisions of chapter 51 and
    subchapter III of chapter 53 of title 5, United States Code,
    relating to classification of positions and General Schedule pay
    rates.
      "(4) Any Federal Government employee may be detailed to the
    Commission without reimbursement, and such detail shall be without
    interruption or loss of civil service status or privilege.
      "(f) Termination. - The Commission shall terminate 30 days after
    the date on which the Commission submits its report under
    subsection (d).
      "(g) Applicability of FACA. - The provisions of the Federal
    Advisory Committee Act (5 U.S.C. App.) shall not apply to the
    activities of the Commission.
      "(h) Funding. - Of the amounts authorized to be appropriated
    pursuant to section 3101 [110 Stat. 2820], not more than $1,000,000
    shall be available for the activities of the Commission under this
    section. Funds made available to the Commission under this section
    shall remain available until expended."
      [Section 3163(a) of Pub. L. 105-85 provided that the amendment
    made by that section to section 3162(b)(1) of Pub. L. 104-201, set
    out above, is effective Jan. 1, 1998.]

                        TRITIUM PRODUCTION PROGRAM                    
      Pub. L. 104-106, div. C, title XXXI, Sec. 3133, Feb. 10, 1996,
    110 Stat. 618, which was formerly set out as a note under this
    section, was renumbered section 4231 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(16)(A)-(C), Nov.
    24, 2003, 117 Stat. 1761, and is classified to section 2541 of
    Title 50, War and National Defense.

    MANUFACTURING INFRASTRUCTURE FOR REFABRICATION AND CERTIFICATION OF
                         NUCLEAR WEAPONS STOCKPILE
      Pub. L. 104-106, div. C, title XXXI, Sec. 3137, Feb. 10, 1996,
    110 Stat. 620, as amended by Pub. L. 104-201, div. C, title XXXI,
    Sec. 3132(a), (b), Sept. 23, 1996, 110 Stat. 2829, which was
    formerly set out as a note under this section, was renumbered
    section 4212 of Pub. L. 107-314, the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003, by Pub. L. 108-136, div. C,
    title XXXI, Sec. 3141(e)(13)(A)-(C), Nov. 24, 2003, 117 Stat. 1760,
    and is classified to section 2532 of Title 50, War and National
    Defense.

    FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS CRITICAL TO DEPARTMENT
                     OF ENERGY NUCLEAR WEAPONS COMPLEX
      Pub. L. 104-106, div. C, title XXXI, Sec. 3140, Feb. 10, 1996,
    110 Stat. 621, as amended by Pub. L. 106-65, div. C, title XXXI,
    Sec. 3162(a)-(d), Oct. 5, 1999, 113 Stat. 943, which was formerly
    set out as a note under this section, was renumbered section 4623
    of Pub. L. 107-314, the Bob Stump National Defense Authorization
    Act for Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI,
    Sec. 3141(i)(10), Nov. 24, 2003, 117 Stat. 1779, and is classified
    to section 2723 of Title 50, War and National Defense.

                 STUDY ON NUCLEAR TEST READINESS POSTURES             
      Pub. L. 104-106, div. C, title XXXI, Sec. 3152, Feb. 10, 1996,
    110 Stat. 623, as amended by Pub. L. 106-398, Sec. 1 [div. C, title
    XXXI, Sec. 3192], Oct. 30, 2000, 114 Stat. 1654, 1654A-480, which
    was formerly set out as a note under this section, was renumbered
    section 4208 of Pub. L. 107-314, the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003, by Pub. L. 108-136, div. C,
    title XXXI, Sec. 3141(e)(9), Nov. 24, 2003, 117 Stat. 1759, and is
    classified to section 2528 of Title 50, War and National Defense.

    PLAN FOR STEWARDSHIP, MANAGEMENT, AND CERTIFICATION OF WARHEADS IN
                       THE NUCLEAR WEAPONS STOCKPILE
      Pub. L. 105-85, div. C, title XXXI, Sec. 3151, Nov. 18, 1997, 111
    Stat. 2041, which was formerly set out as a note under this
    section, was renumbered section 4203 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(4), Nov. 24,
    2003, 117 Stat. 1758, and is classified to section 2523 of Title
    50, War and National Defense.

      REPORT ON WASTE STREAMS GENERATED BY NUCLEAR WEAPONS PRODUCTION
                                   CYCLE
      Pub. L. 103-337, div. C, title XXXI, Sec. 3154, Oct. 5, 1994, 108
    Stat. 3091, directed Secretary of Energy, not later than Mar. 31,
    1996, to submit to Congress report containing description of all
    waste streams generated before 1992 during each step of complete
    cycle of production and disposition of nuclear weapon components by
    Department of Energy, with description for each such step to be
    based on unit of analysis appropriate for that step, and to include
    estimate of volume of waste generated per unit of analysis and
    analysis of characteristics of each waste stream.

       PROHIBITION ON RESEARCH AND DEVELOPMENT OF LOW-YIELD NUCLEAR
                                  WEAPONS
      Pub. L. 103-160, div. C, title XXXI, Sec. 3136, Nov. 30, 1993,
    107 Stat. 1946, expressed policy of United States with respect to
    research and development of low-yield nuclear weapons, prior to
    repeal by Pub. L. 108-136, div. C, title XXXI, Sec. 3116(a), Nov.
    24, 2003, 117 Stat. 1746.
      [Pub. L. 108-136, div. C, title XXXI, Sec. 3116(b), Nov. 24,
    2003, 117 Stat. 1746, provided that: "Nothing in the repeal made by
    subsection (a) [repealing section 3136 of Pub. L. 103-160, formerly
    set out as a note above] shall be construed as authorizing the
    testing, acquisition, or deployment of a low-yield nuclear
    weapon."]

                       STOCKPILE STEWARDSHIP PROGRAM                   
      Pub. L. 105-85, div. C, title XXXI, Sec. 3156, Nov. 18, 1997, 111
    Stat. 2045, expressed findings of Congress and policy of United
    States about the direction and conduct of the stockpile stewardship
    program, prior to repeal by Pub. L. 105-261, div. C, title XXXI,
    Sec. 3157, Oct. 17, 1998, 112 Stat. 2257.
      Pub. L. 103-160, div. C, title XXXI, Sec. 3138, Nov. 30, 1993,
    107 Stat. 1946, as amended by Pub. L. 105-85, div. C, title XXXI,
    Sec. 3152(e), Nov. 18, 1997, 111 Stat. 2042, which was formerly set
    out as a note under this section, was renumbered section 4201 of
    Pub. L. 107-314, the Bob Stump National Defense Authorization Act
    for Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(e)(2), Nov. 24, 2003, 117 Stat. 1758, and is classified to
    section 2521 of Title 50, War and National Defense.

           LIMITATIONS ON UNITED STATES NUCLEAR WEAPONS TESTING       
      Pub. L. 103-160, div. A, title II, Sec. 261, Nov. 30, 1993, 107
    Stat. 1608, provided that:
      "(a) Limitation on Obligation of Funds. - The Secretary of
    Defense may not obligate funds in preparation for any activity of
    the Department of Defense, including the so-called 'Mighty Uncle'
    test, to study the effects of a nuclear weapon explosion through
    underground nuclear weapons testing unless that test is permitted
    in accordance with the provisions of section 507 of Public Law 102-
    377 [set out below] (106 Stat. 1343).
      "(b) Certain Actions Not Prohibited. - Subsection (a) does not
    preclude the Secretary of Defense, acting through the Director of
    the Defense Nuclear Agency, from - 
        "(1) proceeding with underground nuclear test tunnel
      deactivation and environmental cleanup; or
        "(2) expending funds for infrastructure activities not covered
      by the limitation in subsection (a).
      "(c) Funding. - Of the funds authorized to be appropriated
    pursuant to section 201 [107 Stat. 1583] for Defense-wide
    activities, not more than $38,000,000 may be used for activities
    described in subsection (b)."
      Pub. L. 103-160, div. C, title XXXI, Sec. 3137, Nov. 30, 1993,
    107 Stat. 1946, which was formerly set out as a note under this
    section, was renumbered section 4211 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(12)(A)-(C), Nov.
    24, 2003, 117 Stat. 1760, and is classified to section 2531 of
    Title 50, War and National Defense.
      Pub. L. 102-377, title V, Sec. 507, Oct. 2, 1992, 106 Stat. 1343,
    as amended by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(e)(11), Nov. 24, 2003, 117 Stat. 1760, provided that:
      "(a) Hereafter, funds made available by this Act or any other Act
    for fiscal year 1993 or for any other fiscal year may be available
    for conducting a test of a nuclear explosive device only if the
    conduct of that test is permitted in accordance with the provisions
    of this section.
      "(b) No underground test of a nuclear weapon may be conducted by
    the United States after September 30, 1992, and before July 1,
    1993.
      "(c) On and after July 1, 1993, and before January 1, 1997, an
    underground test of a nuclear weapon may be conducted by the United
    States - 
        "(1) only if - 
          "(A) the President has submitted the annual report required
        under subsection (d);
          "(B) 90 days have elapsed after the submittal of that report
        in accordance with that subsection; and
          "(C) Congress has not agreed to a joint resolution described
        in subsection (d)(3) within that 90-day period; and
        "(2) only if the test is conducted during the period covered by
      the report.
      "(d)(1) Not later than March 1, of each year beginning after
    1992, the President shall submit to the Committees on Armed
    Services and Appropriations of the Senate and the House of
    Representatives, in classified and unclassified forms, a report
    containing the following matters:
        "(A) A schedule for resumption of the Nuclear Testing Talks
      with Russia.
        "(B) A plan for achieving a multilateral comprehensive ban on
      the testing of nuclear weapons on or before September 30, 1996.
        "(C) An assessment of the number and type of nuclear warheads
      that will remain in the United States stockpile of active nuclear
      weapons on September 30, 1996.
        "(D) For each fiscal year after fiscal year 1992, an assessment
      of the number and type of nuclear warheads that will remain in
      the United States stockpile of nuclear weapons and that - 
          "(i) will not be in the United States stockpile of active
        nuclear weapons;
          "(ii) will remain under the control of the Department of
        Defense; and
          "(iii) will not be transferred to the Department of Energy
        for dismantlement.
        "(E) A description of the safety features of each warhead that
      is covered by an assessment referred to in subparagraph (C) or
      (D).
        "(F) A plan for installing one or more modern safety features
      in each warhead identified in the assessment referred to in
      subparagraph (C), as determined after an analysis of the costs
      and benefits of installing such feature or features in the
      warhead, should have one or more of such features.
        "(G) An assessment of the number and type of nuclear weapons
      tests, not to exceed 5 tests in any period covered by an annual
      report under this paragraph and a total of 15 tests in the 4-
      fiscal year period beginning with fiscal year 1993, that are
      necessary in order to ensure the safety of each nuclear warhead
      in which one or more modern safety features are installed
      pursuant to the plan referred to in subparagraph (F).
        "(H) A schedule, in accordance with subparagraph (G), for
      conducting at the Nevada test site, each of the tests enumerated
      in the assessment pursuant to subparagraph (G).
      "(2) The first annual report shall cover the period beginning on
    the date on which a resumption of testing of nuclear weapons is
    permitted under subsection (c) and ending on September 30, 1994.
    Each annual report thereafter shall cover the fiscal year following
    the fiscal year in which the report is submitted.
      "(3) For the purposes of paragraph (1), 'joint resolution' means
    only a joint resolution introduced after the date on which the
    Committees referred to in that paragraph receive the report
    required by that paragraph the matter after the resolving clause of
    which is as follows: 'The Congress disapproves the report of the
    President on nuclear weapons testing, dated          .' (the blank
    space being appropriately filled in).
      "(4) No report is required under this subsection after 1996.
      "(e)(1) Except as provided in paragraphs (2) and (3), during a
    period covered by an annual report submitted pursuant to subsection
    (d), nuclear weapons may be tested only as follows:
        "(A) Only those nuclear explosive devices in which modern
      safety features have been installed pursuant to the plan referred
      to in subsection (d)(1)(F) may be tested.
        "(B) Only the number and types of tests specified in the report
      pursuant to subsection (d)(1)(G) may be conducted.
      "(2)(A) One test of the reliability of a nuclear weapon other
    than one referred to in paragraph (1)(A) may be conducted during
    any period covered by an annual report, but only if - 
        "(i) within the first 60 days after the beginning of that
      period, the President certifies to Congress that it is vital to
      the national security interests of the United States to test the
      reliability of such a nuclear weapon; and
        "(ii) within the 60-day period beginning on the date that
      Congress receives the certification, Congress does not agree to a
      joint resolution described in subparagraph (B).
      "(B) For the purposes of subparagraph (A), 'joint resolution'
    means only a joint resolution introduced after the date on which
    the Congress receives the certification referred to in that
    subparagraph the matter after the resolving clause of which is as
    follows: 'The Congress disapproves the testing of a nuclear weapon
    covered by the certification of the President dated          .'
    (the blank space being appropriately filled in).
      "(3) The President may authorize the United Kingdom to conduct in
    the United States, within a period covered by an annual report, one
    test of a nuclear weapon if the President determines that it is in
    the national interests of the United States to do so. Such a test
    shall be considered as one of the tests within the maximum number
    of tests that the United States is permitted to conduct during that
    period under paragraph (1)(B).
      "(f) [Transferred to section 2530 of Title 50, War and National
    Defense.]
      "(g) In the computation of the 90-day period referred to in
    subsection (c)(1) and the 60-day period referred to in subsection
    (e)(2)(A)(ii), the days on which either House is not in session
    because of an adjournment of more than 3 days to a day certain
    shall be excluded.
      "(h) In this section, the term 'modern safety feature' means any
    of the following features:
        "(1) An insensitive high explosive (IHE).
        "(2) Fire resistant pits (FRP).
        "(3) An enhanced detonation safety (ENDS) system."

                    NUCLEAR TEST BAN READINESS PROGRAM                
      Pub. L. 100-456, div. A, title XIV, Sec. 1436, Sept. 29, 1988,
    102 Stat. 2075, as amended by Pub. L. 105-85, div. C, title XXXI,
    Sec. 3152(i), Nov. 18, 1997, 111 Stat. 2042, which was formerly set
    out as a note under this section, was renumbered section 4207 of
    Pub. L. 107-314, the Bob Stump National Defense Authorization Act
    for Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(e)(8)(A)-(C), Nov. 24, 2003, 117 Stat. 1759, and is classified
    to section 2527 of Title 50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 2122                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY

-HEAD-
    Sec. 2122. Prohibitions governing atomic weapons

-STATUTE-
      (a) It shall be unlawful, except as provided in section 2121 of
    this title, for any person, inside or outside of the United States,
    to knowingly participate in the development of, manufacture,
    produce, transfer, acquire, receive, possess, import, export, or
    use, or possess and threaten to use, any atomic weapon. Nothing in
    this section shall be deemed to modify the provisions of section
    2051(a) or 2131 of this title.
      (b) Conduct prohibited by subsection (a) of this section is
    within the jurisdiction of the United States if - 
        (1) the offense occurs in or affects interstate or foreign
      commerce; the offense occurs outside of the United States and is
      committed by a national of the United States;
        (2) the offense is committed against a national of the United
      States while the national is outside the United States;
        (3) the offense is committed against any property that is
      owned, leased, or used by the United States or by any department
      or agency of the United States, whether the property is within or
      outside the United States; or
        (4) an offender aids or abets any person over whom jurisdiction
      exists under this subsection in committing an offense under this
      section or conspires with any person over whom jurisdiction
      exists under this subsection to commit an offense under this
      section.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 92, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 936; amended Pub. L. 85-479, Sec. 2,
    July 2, 1958, 72 Stat. 277; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
    108-458, title VI, Secs. 6803(b), 6904(a), Dec. 17, 2004, 118 Stat.
    3768, 3771.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1806(b) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      2004 - Pub. L. 108-458, Sec. 6904(a)(1), designated existing
    provisions as subsec. (a).
      Pub. L. 108-458, Sec. 6803(b)(2), inserted "participate in the
    development of," after "interstate or foreign commerce,".
      Pub. L. 108-458, Sec. 6803(b)(1), inserted ", inside or outside
    of the United States," after "for any person".
      Subsec. (a). Pub. L. 108-458, Sec. 6904(a)(4), which directed
    amendment by striking out "transfer or receive in interstate or
    foreign commerce," before "manufacture", was executed by striking
    out such phrase before "participate in the development of,
    manufacture" to reflect the probable intent of Congress and the
    intervening amendment by Pub. L. 108-458, Sec. 6803(b)(2). See
    above.
      Pub. L. 108-458, Sec. 6904(a)(3), (5), (6), inserted "receive,"
    after "acquire,", struck out "or" before "export", and inserted ",
    or use, or possess and threaten to use," before "any atomic
    weapon".
      Pub. L. 108-458, Sec. 6904(a)(2), which directed amendment by
    inserting "knowingly" after "for any person to", was executed by
    making the insertion after "for any person, inside or outside of
    the United States, to" to reflect the probable intent of Congress
    and the amendment by Pub. L. 108-458, Sec. 6803(b)(1). See above.
      Subsec. (b). Pub. L. 108-458, Sec. 6904(a)(7), added subsec. (b).
      1958 - Pub. L. 85-479 included transfers or receipts in foreign
    commerce.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2122a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY

-HEAD-
    Sec. 2122a. Repealed. Pub. L. 106-65, div. C, title XXXII, Sec.
      3294(e)(1)(A), Oct. 5, 1999, 113 Stat. 970

-MISC1-
      Section, act Aug. 1, 1946, ch. 724, title I, Sec. 93, as added
    Pub. L. 103-160, div. C, title XXXI, Sec. 3156(a), Nov. 30, 1993,
    107 Stat. 1953, related to congressional oversight of special
    access programs. See section 2426 of Title 50, War and National
    Defense.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Mar. 1, 2000, see section 3299 of Pub. L. 106-
    65, set out as an Effective Date note under section 2401 of Title
    50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 2123                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER VIII - MILITARY APPLICATION OF ATOMIC ENERGY

-HEAD-
    Sec. 2123. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 102-190, div. C, title XXXI, Sec. 3136, Dec. 5,
    1991, 105 Stat. 1577; Pub. L. 103-35, title II, Sec. 203(b)(3), May
    31, 1993, 107 Stat. 102, which related to critical technology
    partnerships between laboratories of the Department of Energy and
    other entities, was renumbered section 4813 of Pub. L. 107-314, the
    Bob Stump National Defense Authorization Act for Fiscal Year 2003,
    by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(8), Nov. 24,
    2003, 117 Stat. 1785, and transferred to section 2794 of Title 50,
    War and National Defense.

-End-

-CITE-
    42 USC SUBCHAPTER IX - ATOMIC ENERGY LICENSES               01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-
                  SUBCHAPTER IX - ATOMIC ENERGY LICENSES              

-End-

-CITE-
    42 USC Sec. 2131                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-
    Sec. 2131. License required

-STATUTE-
      It shall be unlawful, except as provided in section 2121 of this
    title, for any person within the United States to transfer or
    receive in interstate commerce, manufacture, produce, transfer,
    acquire, possess, use, import, or export any utilization or
    production facility except under and in accordance with a license
    issued by the Commission pursuant to section 2133 or 2134 of this
    title.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 101, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 936; amended Aug. 6, 1956, ch. 1015,
    Sec. 11, 70 Stat. 1071; renumbered title I, Pub. L. 102-486, title
    IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1807(a) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      1956 - Act Aug. 6, 1956, inserted "use," after "possess,".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2132                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-
    Sec. 2132. Utilization and production facilities for industrial or
      commercial purposes

-STATUTE-
    (a) Issuance of licenses
      Except as provided in subsections (b) and (c) of this section, or
    otherwise specifically authorized by law, any license hereafter
    issued for a utilization or production facility for industrial or
    commercial purposes shall be issued pursuant to section 2133 of
    this title.
    (b) Facilities constructed or operated under section 2134(b)
      Any license hereafter issued for a utilization or production
    facility for industrial or commercial purposes, the construction or
    operation of which was licensed pursuant to section 2134(b) of this
    title prior to enactment into law of this subsection, shall be
    issued under section 2134(b) of this title.
    (c) Cooperative Power Reactor Demonstration facilities
      Any license for a utilization or production facility for
    industrial or commercial purposes constructed or operated under an
    arrangement with the Commission entered into under the Cooperative
    Power Reactor Demonstration Program shall, except as otherwise
    specifically required by applicable law, be issued under section
    2134(b) of this title.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 102, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 936; amended Pub. L. 91-560, Sec. 3,
    Dec. 19, 1970, 84 Stat. 1472; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1970 - Pub. L. 91-560 substituted provisions authorizing
    Commission to issue licenses for a utilization or production
    facility for industrial or commercial purposes under section 2133,
    except that license may be issued under section 2134(b), for such
    utilization or production facility, construction or operation of
    which was licensed under section 2134(b) before December 19, 1970
    or constructed or operated under an arrangement with Commission
    entered into under Cooperative Power Reactor Demonstration Program,
    for provisions authorizing Commission to issue licenses pursuant to
    section 2133 of this title on a determination that such utilization
    or production facility has been sufficiently developed to be of
    practical value for industrial or commercial purposes.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2133                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-
    Sec. 2133. Commercial licenses

-STATUTE-
    (a) Conditions
      The Commission is authorized to issue licenses to persons
    applying therefor to transfer or receive in interstate commerce,
    manufacture, produce, transfer, acquire, possess, use, import, or
    export under the terms of an agreement for cooperation arranged
    pursuant to section 2153 of this title, utilization or production
    facilities for industrial or commercial purposes. Such licenses
    shall be issued in accordance with the provisions of subchapter XV
    of this division and subject to such conditions as the Commission
    may by rule or regulation establish to effectuate the purposes and
    provisions of this chapter.
    (b) Nonexclusive basis
      The Commission shall issue such licenses on a nonexclusive basis
    to persons applying therefor (1) whose proposed activities will
    serve a useful purpose proportionate to the quantities of special
    nuclear material or source material to be utilized; (2) who are
    equipped to observe and who agree to observe such safety standards
    to protect health and to minimize danger to life or property as the
    Commission may by rule establish; and (3) who agree to make
    available to the Commission such technical information and data
    concerning activities under such licenses as the Commission may
    determine necessary to promote the common defense and security and
    to protect the health and safety of the public. All such
    information may be used by the Commission only for the purposes of
    the common defense and security and to protect the health and
    safety of the public.
    (c) License period
      Each such license shall be issued for a specified period, as
    determined by the Commission, depending on the type of activity to
    be licensed, but not exceeding forty years from the authorization
    to commence operations, and may be renewed upon the expiration of
    such period.
    (d) Limitations
      No license under this section may be given to any person for
    activities which are not under or within the jurisdiction of the
    United States, except for the export of production or utilization
    facilities under terms of an agreement for cooperation arranged
    pursuant to section 2153 of this title, or except under the
    provisions of section 2139 of this title. No license may be issued
    to an alien or any any (!1) corporation or other entity if the
    Commission knows or has reason to believe it is owned, controlled,
    or dominated by an alien, a foreign corporation, or a foreign
    government. In any event, no license may be issued to any person
    within the United States if, in the opinion of the Commission, the
    issuance of a license to such person would be inimical to the
    common defense and security or to the health and safety of the
    public.

    (f) (!2) Accident notification condition; license revocation;
      license amendment to include condition

      Each license issued for a utilization facility under this section
    or section 2134(b) of this title shall require as a condition
    thereof that in case of any accident which could result in an
    unplanned release of quantities of fission products in excess of
    allowable limits for normal operation established by the
    Commission, the licensee shall immediately so notify the
    Commission. Violation of the condition prescribed by this
    subsection may, in the Commission's discretion, constitute grounds
    for license revocation. In accordance with section 2237 of this
    title, the Commission shall promptly amend each license for a
    utilization facility issued under this section or section 2134(b)
    of this title which is in effect on June 30, 1980, to include the
    provisions required under this subsection.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 103, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 936; amended Aug. 6, 1956, ch. 1015,
    Secs. 12, 13, 70 Stat. 1071; Pub. L. 91-560, Sec. 4, Dec. 19, 1970,
    84 Stat. 1472; Pub. L. 96-295, title II, Sec. 201, June 30, 1980,
    94 Stat. 786; renumbered title I, Pub. L. 102-486, title IX, Sec.
    902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 109-58, title VI,
    Sec. 621, Aug. 8, 2005, 119 Stat. 782.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (c). Pub. L. 109-58 inserted "from the
    authorization to commence operations" after "forty years".
      1980 - Subsec. (f). Pub. L. 96-295 added subsec. (f).
      1970 - Subsec. (a). Pub. L. 91-560 struck out requirement of a
    finding of practical value under section 2132 and substituted
    "utilization and production facilities for industrial or commercial
    purposes" for "such type of utilization or production facility".
      1956 - Subsec. (a). Act Aug. 6, 1956, Sec. 12, inserted "use,"
    after "possess,".
      Subsec. (d). Act Aug. 6, 1956, Sec. 13, inserted "an alien or
    any" after "issued to".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-FOOTNOTE-
    (!1) So in original.

    (!2) So in original. Probably should be "(e)".

-End-

-CITE-
    42 USC Sec. 2134                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-
    Sec. 2134. Medical, industrial, and commercial licenses

-STATUTE-
    (a) Medical therapy
      The Commission is authorized to issue licenses to persons
    applying therefor for utilization facilities for use in medical
    therapy. In issuing such licenses the Commission is directed to
    permit the widest amount of effective medical therapy possible with
    the amount of special nuclear material available for such purposes
    and to impose the minimum amount of regulation consistent with its
    obligations under this chapter to promote the common defense and
    security and to protect the health and safety of the public.
    (b) Industrial and commercial purposes
      As provided for in subsection (b) or (c) of section 2132 of this
    title, or where specifically authorized by law, the Commission is
    authorized to issue licenses under this subsection to persons
    applying therefor for utilization and production facilities for
    industrial and commercial purposes. In issuing licenses under this
    subsection, the Commission shall impose the minimum amount of such
    regulations and terms of license as will permit the Commission to
    fulfill its obligations under this chapter.
    (c) Research and development activities
      The Commission is authorized to issue licenses to persons
    applying therefor for utilization and production facilities useful
    in the conduct of research and development activities of the types
    specified in section 2051 of this title and which are not
    facilities of the type specified in subsection (b) of this section.
    The Commission is directed to impose only such minimum amount of
    regulation of the licensee as the Commission finds will permit the
    Commission to fulfill its obligations under this chapter to promote
    the common defense and security and to protect the health and
    safety of the public and will permit the conduct of widespread and
    diverse research and development.
    (d) Limitations
      No license under this section may be given to any person for
    activities which are not under or within the jurisdiction of the
    United States, except for the export of production or utilization
    facilities under terms of an agreement for cooperation arranged
    pursuant to section 2153 of this title or except under the
    provisions of section 2139 of this title. No license may be issued
    to any corporation or other entity if the Commission knows or has
    reason to believe it is owned, controlled, or dominated by an
    alien, a foreign corporation, or a foreign government. In any
    event, no license may be issued to any person within the United
    States if, in the opinion of the Commission, the issuance of a
    license to such person would be inimical to the common defense and
    security or to the health and safety of the public.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 104, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 937; amended Pub. L. 91-560, Sec. 5,
    Dec. 19, 1970, 84 Stat. 1472; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1970 - Subsec. (b). Pub. L. 91-560 substituted provisions
    authorizing the issue of licenses for utilization or production
    facilities for industrial or commercial purposes (i) where
    specifically authorized by law or (ii) where the facility was
    constructed or operated under an arrangement with the Commission
    entered into under the cooperative power reactor demonstration
    program, and the applicable statutory authorization does not
    require licensing under section 2133, or (iii) where the facility
    was theretofore licensed under section 2134(b), for provisions
    authorizing the issue of licenses for utilization and production
    facilities involved in the conduct of research and development
    activities leading to the demonstration of the practical value of
    such facilities for industrial and commercial purposes.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2135                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-
    Sec. 2135. Antitrust provisions governing licenses

-STATUTE-
    (a) Violations of antitrust laws
      Nothing contained in this chapter shall relieve any person from
    the operation of the following Acts, as amended, "An Act to protect
    trade and commerce against unlawful restraints and monopolies"
    approved July second, eighteen hundred and ninety; sections seventy-
    three to seventy-six, inclusive, of an Act entitled "An Act to
    reduce taxation, to provide revenue for the Government, and for
    other purposes" approved August twenty-seven, eighteen hundred and
    ninety-four; "An Act to supplement existing laws against unlawful
    restraints and monopolies, and for other purposes" approved October
    fifteen, nineteen hundred and fourteen; and "An Act to create a
    Federal Trade Commission, to defined its powers and duties, and for
    other purposes" approved September twenty-six, nineteen hundred and
    fourteen. In the event a licensee is found by a court of competent
    jurisdiction, either in an original action in that court or in a
    proceeding to enforce or review the findings or orders of any
    Government agency having jurisdiction under the laws cited above,
    to have violated any of the provisions of such laws in the conduct
    of the licensed activity, the Commission may suspend, revoke, or
    take such other action as it may deem necessary with respect to any
    license issued by the Commission under the provisions of this
    chapter.
    (b) Reports to Attorney General
      The Commission shall report promptly to the Attorney General any
    information it may have with respect to any utilization of special
    nuclear material or atomic energy which appears to violate or to
    tend toward the violation of any of the foregoing Acts, or to
    restrict free competition in private enterprise.
    (c) Transmissions to Attorney General of copies of license
      applications; publication of advice; factors considered;
      exceptions
      (1) The Commission shall promptly transmit to the Attorney
    General a copy of any license application provided for in paragraph
    (2) of this subsection, and a copy of any written request provided
    for in paragraph (3) of this subsection; and the Attorney General
    shall, within a reasonable time, but in no event to exceed 180 days
    after receiving a copy of such application or written request,
    render such advice to the Commission as he determines to be
    appropriate in regard to the finding to be made by the Commission
    pursuant to paragraph (5) of this subsection. Such advice shall
    include an explanatory statement as to the reasons or basis
    therefor.
      (2) Paragraph (1) of this subsection shall apply to an
    application for a license to construct or operate a utilization or
    production facility under section 2133 of this title: Provided,
    however, That paragraph (1) shall not apply to an application for a
    license to operate a utilization or production facility for which a
    construction permit was issued under section 2133 of this title
    unless the Commission determines such review is advisable on the
    ground that significant changes in the licensee's activities or
    proposed activities have occurred subsequent to the previous review
    by the Attorney General and the Commission under this subsection in
    connection with the construction permit for the facility.
      (3) With respect to any Commission permit for the construction of
    a utilization or production facility issued pursuant to subsection
    (b) of section 2134 of this title prior to December 19, 1970, any
    person who intervened or who sought by timely written notice to the
    Commission to intervene in the construction permit proceeding for
    the facility to obtain a determination of antitrust considerations
    or to advance a jurisdictional basis for such determination shall
    have the right, upon a written request to the Commission, to obtain
    an antitrust review under this section of the application for an
    operating license. Such written request shall be made within 25
    days after the date of initial Commission publication in the
    Federal Register of notice of the filing of an application for an
    operating license for the facility or December 19, 1970, whichever
    is later.
      (4) Upon the request of the Attorney General, the Commission
    shall furnish or cause to be furnished such information as the
    Attorney General determines to be appropriate for the advice called
    for in paragraph (1) of this subsection.
      (5) Promptly upon receipt of the Attorney General's advice, the
    Commission shall publish the advice in the Federal Register. Where
    the Attorney General advises that there may be adverse antitrust
    aspects and recommends that there be a hearing, the Attorney
    General or his designee may participate as a party in the
    proceedings thereafter held by the Commission on such licensing
    matter in connection with the subject matter of his advice. The
    Commission shall give due consideration to the advice received from
    the Attorney General and to such evidence as may be provided during
    the proceedings in connection with such subject matter, and shall
    make a finding as to whether the activities under the license would
    create or maintain a situation inconsistent with the antitrust laws
    as specified in subsection (a) of this section.
      (6) In the event the Commission's finding under paragraph (5) is
    in the affirmative, the Commission shall also consider, in
    determining whether the license should be issued or continued, such
    other factors, including the need for power in the affected area,
    as the Commission in its judgment deems necessary to protect the
    public interest. On the basis of its findings, the Commission shall
    have the authority to issue or continue a license as applied for,
    to refuse to issue a license, to rescind a license or amend it, and
    to issue a license with such conditions as it deems appropriate.
      (7) The Commission, with the approval of the Attorney General,
    may except from any of the requirements of this subsection such
    classes or types of licenses as the Commission may determine would
    not significantly affect the applicant's activities under the
    antitrust laws as specified in subsection (a) of this section.
      (8) With respect to any application for a construction permit on
    file at the time of enactment into law of this subsection, which
    permit would be for issuance under section 2133 of this title, and
    with respect to any application for an operating license in
    connection with which a written request for an antitrust review is
    made as provided for in paragraph (3), the Commission, after
    consultation with the Attorney General, may, upon determination
    that such action is necessary in the public interest to avoid
    unnecessary delay, establish by rule or order periods for
    Commission notification and receipt of advice differing from those
    set forth above and may issue a construction permit or operating
    license in advance of consideration of and findings with respect to
    the matters covered in this subsection: Provided, That any
    construction permit or operating license so issued shall contain
    such conditions as the Commission deems appropriate to assure that
    any subsequent findings and orders of the Commission with respect
    to such matters will be given full force and effect.
      (9) Applicability. - This subsection does not apply to an
    application for a license to construct or operate a utilization
    facility or production facility under section 2133 or 2134(b) of
    this title that is filed on or after August 8, 2005.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 105, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 938; amended Pub. L. 88-489, Sec. 14,
    Aug. 26, 1964, 78 Stat. 606; Pub. L. 91-560, Sec. 6, Dec. 19, 1970,
    84 Stat. 1473; renumbered title I, Pub. L. 102-486, title IX, Sec.
    902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 107-273, div. C,
    title IV, Sec. 14102(c)(2)(D), Nov. 2, 2002, 116 Stat. 1921; Pub.
    L. 109-58, title VI, Sec. 625, Aug. 8, 2005, 119 Stat. 784.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The act to protect trade and commerce against unlawful restraints
    and monopolies, referred to in subsec. (a), is act July 2, 1890,
    ch. 647, 26 Stat. 209, as amended, known as the Sherman Act, which
    is classified to sections 1 to 7 of Title 15, Commerce and Trade.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 1 of Title 15 and Tables.
      Sections seventy-three to seventy-six, inclusive, of an act
    entitled "An Act to reduce taxation, to provide revenue for the
    Government, and for other purposes", referred to in subsec. (a),
    are sections 73 to 76 of act Aug. 27, 1894, ch. 349, 28 Stat. 570,
    as amended, known as the Wilson Tariff Act, which are classified to
    sections 8 to 11, respectively, of Title 15. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 8 of Title 15 and Tables.
      "An Act to supplement existing laws against unlawful restraints
    and monopolies, and for other purposes" approved October fifteen,
    nineteen hundred and fourteen, referred to in subsec. (a), is act
    Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as the
    Clayton Act, which is classified generally to sections 12, 13, 14
    to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of
    Title 29, Labor. For further details and complete classification of
    this Act to the Code, see References in Text note set out under
    section 12 of Title 15 and Tables.
      The act to create a Federal Trade Commission, to define its
    powers and duties, and for other purposes, referred to in subsec.
    (a), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended,
    known as the Federal Trade Commission Act, which is classified
    generally to subchapter I (Sec. 41 et seq.) of chapter 2 of Title
    15. For complete classification of this Act to the Code, see
    section 58 of Title 15 and Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1807(c) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      2005 - Subsec. (c)(9). Pub. L. 109-58 added par. (9).
      2002 - Subsec. (a). Pub. L. 107-273 substituted "seventy-six" for
    "seventy-seven".
      1970 - Subsec. (c). Pub. L. 91-560 designated existing provisions
    as pars. (1), (2), (4), and (5) and amended such provisions by
    extending the time for the Attorney General to give advice from 90
    to 180 days and provided for review of licenses once granted under
    section 2133 of this title, and when the Attorney General
    recommends that there be a hearing, authorized the Commission to
    hold hearings and permit the Attorney General to appear as a party
    and to make a finding as to whether the activities under the
    license would be inconsistent with the antitrust laws, and in par.
    (3), provided for a review of the permit issued under section
    2134(b) of this title, and added pars. (6) to (8).
      1964 - Subsec. (a). Pub. L. 88-489 struck out ", including the
    provisions which vest title to all special nuclear material in the
    United States," before "shall relieve any person".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and
    applicable only with respect to cases commenced on or after Nov. 2,
    2002, see section 14103 of Pub. L. 107-273, set out as a note under
    section 3 of Title 15, Commerce and Trade.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2136                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-
    Sec. 2136. Classes of facilities

-STATUTE-
      The Commission may - 
        (a) group the facilities licensed either under section 2133 or
      2134 of this title into classes which may include either
      production or utilization facilities or both, upon the basis of
      the similarity of operating and technical characteristics of the
      facilities;
        (b) define the various activities to be carried on at each such
      class of facility; and
        (c) designate the amounts of special nuclear material available
      for use by each such facility.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 106, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 938; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2137                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-
    Sec. 2137. Operators' licenses

-STATUTE-
      The Commission shall - 
        (a) prescribe uniform conditions for licensing individuals as
      operators of any of the various classes of production and
      utilization facilities licensed in this chapter;
        (b) determine the qualifications of such individuals;
        (c) issue licenses to such individuals in such form as the
      Commission may prescribe; and
        (d) suspend such licenses for violations of any provision of
      this chapter or any rule or regulation issued thereunder whenever
      the Commission deems such action desirable.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 107, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 939; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-MISC1-
    TECHNICAL CAPABILITY OF LICENSEE PERSONNEL IMPROVEMENT PLAN; STUDY
       OF LICENSE REQUIREMENT FOR PLANT MANAGERS AND SENIOR LICENSEE
                       OFFICERS; REPORT TO CONGRESS
      Pub. L. 96-395, title III, Sec. 307, June 30, 1980, 94 Stat. 791,
    provided that:
      "(a) The Commission is authorized and directed to prepare a plan
    for improving the technical capability of licensee personnel to
    safely operate utilization facilities licensed under section 103 or
    104b. of the Atomic Energy Act of 1954 [sections 2133 and 2134(b)
    of this title]. In proposing such plan, the Commission shall
    consider the feasibility of requiring standard mandatory training
    programs for nuclear facility operators, including classroom study,
    apprenticeships at the facility, and emergency simulator training.
    Such plan shall include specific criteria for more intensive
    training and retraining of operator personnel licensed under
    section 107 of the Atomic Energy Act of 1954 [this section], and
    for the licensing of such personnel, to assure - 
        "(1) conformity with all conditions and requirements of the
      operating license;
        "(2) early identification of accidents, events, or event
      sequences which may significantly increase the likelihood of an
      accident; and
        "(3) effective response to any such event or sequence.
    Such plan shall include provision for Commission review and
    approval of the qualifications of personnel conducting any required
    training and retraining program. The plan shall also include
    requirements for the renewal of operator licenses including, to the
    extent practicable, requirements that the operator - 
        "(A) has been actively and extensively engaged in the duties
      listed in such license,
        "(B) has discharged such duties safely to the satisfaction of
      the Commission,
        "(C) is capable of continuing such duties, and
        "(D) has participated in a requalification training program.
    Such plan shall include criteria for suspending or revoking
    operator licenses. In addition, the Commission shall also consider
    the feasibility of requiring such licensed operator to pass a
    requalification test every six months including - 
        "(i) written questions, and
        "(ii) emergency simulator exams.
    The Commission shall transmit to the Congress the plan required by
    this subsection within six months after the date of the enactment
    of this Act [June 30, 1980], and shall implement as expeditiously
    as practicable each element thereof not requiring legislative
    enactment.
      "(b) The Nuclear Regulatory Commission is authorized and directed
    to undertake a study of the feasibility and value of licensing,
    under section 107 of the Atomic Energy Act of 1954 [this section],
    plant managers of utilization facilities and senior licensee
    officers responsible for operation of such facilities. The
    Commission shall report to the Congress within six months of the
    date of enactment of this Act [June 30, 1980] on the findings and
    recommendations of the study required by this subsection, and shall
    expeditiously implement each such recommendation not requiring
    legislative enactment."

-End-

-CITE-
    42 USC Sec. 2138                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-
    Sec. 2138. Suspension of licenses during war or national emergency

-STATUTE-
      Whenever the Congress declares that a state of war or national
    emergency exists, the Commission is authorized to suspend any
    licenses granted under this chapter if in its judgment such action
    is necessary to the common defense and security. The Commission is
    authorized during such period, if the Commission finds it necessary
    to the common defense and security, to order the recapture of any
    special nuclear material or to order the operation of any facility
    licensed under section 2133 or 2134 of this title, and is
    authorized to order the entry into any plant or facility in order
    to recapture such material, or to operate such facility. Just
    compensation shall be paid for any damages caused by the recapture
    of any special nuclear material or by the operation of any such
    facility.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 108, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 939; amended Pub. L. 86-373, Sec. 2,
    Sept. 23, 1959, 73 Stat. 691; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1959 - Pub. L. 86-373 struck out "distributed under the
    provisions of section 2073(a) of this title," before "or to order".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2139                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-
    Sec. 2139. Component and other parts of facilities

-STATUTE-
    (a) Licenses for domestic activities
      With respect to those utilization and production facilities which
    are so determined by the Commission pursuant to section 2014(v)(2)
    or 2014(cc)(2) of this title the Commission may issue general
    licenses for domestic activities required to be licensed under
    section 2131 of this title, if the Commission determines in writing
    that such general licensing will not constitute an unreasonable
    risk to the common defense and security.
    (b) Export licenses
      After consulting with the Secretaries of State, Energy, and
    Commerce, the Commission is authorized and directed to determine
    which component parts as defined in section 2014(v)(2) or
    2014(cc)(2) of this title and which other items or substances are
    especially relevant from the standpoint of export control because
    of their significance for nuclear explosive purposes. Except as
    provided in section 2155(b)(2) of this title, no such component,
    substance, or item which is so determined by the Commission shall
    be exported unless the Commission issues a general or specific
    license for its export after finding, based on a reasonable
    judgment of the assurances provided and other information available
    to the Federal Government, including the Commission, that the
    following criteria or their equivalent are met: (1) IAEA safeguards
    as required by Article III (2) of the Treaty will be applied with
    respect to such component, substance, or item; (2) no such
    component, substance, or item will be used for any nuclear
    explosive device or for research on or development of any nuclear
    explosive device; and (3) no such component, substance, or item
    will be retransferred to the jurisdiction of any other nation or
    group of nations unless the prior consent of the United States is
    obtained for such retransfer; and after determining in writing that
    the issuance of each such general or specific license or category
    of licenses will not be inimical to the common defense and
    security: Provided, That a specific license shall not be required
    for an export pursuant to this section if the component, item or
    substance is covered by a facility license issued pursuant to
    section 2155 of this title.
    (c) Exports inimical to common defense and security of United
      States
      The Commission shall not issue an export license under the
    authority of subsection (b) of this section if it is advised by the
    executive branch, in accordance with the procedures established
    under section 2155(a) of this title, that the export would be
    inimical to the common defense and security of the United States.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 109, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 939; amended Pub. L. 87-615, Sec. 9,
    Aug. 29, 1962, 76 Stat. 411; Pub. L. 89-645, Sec. 1(b), Oct. 13,
    1966, 80 Stat. 891; Pub. L. 95-242, title III, Sec. 309(a), Mar.
    10, 1978, 92 Stat. 141; renumbered title I, Pub. L. 102-486, title
    IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 105-277,
    div. G, title XII, Sec. 1225(d)(2), Oct. 21, 1998, 112 Stat. 2681-
    774.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (b). Pub. L. 105-277 struck out "and the Director"
    after "Energy, and Commerce".
      1978 - Subsec. (a). Pub. L. 95-242 designated existing provisions
    as subsec. (a) and substituted "the Commission may issue general
    licenses for domestic activities required to be licensed under
    section 2131 of this title, if the Commission determines in writing
    that such general licensing will not constitute an unreasonable
    risk to the common defense and security" for "the Commission may
    (a) issue general licenses for activities required to be licensed
    under section 2131 of this title, if the Commission determines in
    writing that such general licensing will not constitute an
    unreasonable risk to the common defense and security, and (b) issue
    licenses for the export of such facilities, if the Commission
    determines in writing that each export will not constitute an
    unreasonable risk to the common defense and security".
      Subsecs. (b), (c). Pub. L. 95-242 added subsecs. (b) and (c).
      1966 - Pub. L. 89-645 substituted "section 2014(v)(2) or 2014
    (cc)(2)" for "section 2014(t)(2) or 2014(aa)(2)".
      1962 - Pub. L. 87-615 substituted "section 2014(t)(2) or
    2014(aa)(2)" for "section 2014(p)(2) or 2014(v)(2)".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
    1999, or date of abolition of the United States Arms Control and
    Disarmament Agency pursuant to reorganization plan described in
    section 6601 of Title 22, Foreign Relations and Intercourse, see
    section 1201 of Pub. L. 105-277, set out as an Effective Date note
    under section 6511 of Title 22.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as
    otherwise provided and regardless of any requirement for the
    promulgation of implementing regulations, see section 603(c) of
    Pub. L. 95-242, set out as an Effective Date note under section
    3201 of Title 22, Foreign Relations and Intercourse.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-MISC2-
    EXPORTS CONTRACTED FOR PRIOR TO NOV. 1, 1977, MADE WITHIN ONE YEAR
                    OF MAR. 10, 1978; SAVINGS PROVISION
      Section 309(d) of Pub. L. 95-242 provided that: "The amendments
    to section 109 of the 1954 Act [this section] made by this section
    shall not affect the approval of exports contracted for prior to
    November 1, 1977, which are made within one year of the date of
    enactment of such amendments [Mar. 10, 1978]."

        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under this chapter, as amended by
    the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
    1978, 92 Stat. 120, not to be delayed pending development of
    procedures even though as many as 120 days [after Mar. 10, 1978]
    are allowed for establishing those procedures, see section 5(b) of
    Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
    section 3201 of Title 22, Foreign Relations and Intercourse.

-End-

-CITE-
    42 USC Sec. 2139a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-
    Sec. 2139a. Regulations implementing requirements relating to
      licensing for components and other parts of facilities

-STATUTE-
      (a) Omitted
      (b) The Commission, not later than one hundred and twenty days
    after March 10, 1978, shall publish regulations to implement the
    provisions of subsections (b) and (c) of section 2139 of this
    title. Among other things, these regulations shall provide for the
    prior consultation by the Commission with the Department of State,
    the Department of Energy, the Department of Defense, and the
    Department of Commerce.
      (c) The President, within not more than one hundred and twenty
    days after March 10, 1978, shall publish procedures regarding the
    control by the Department of Commerce over all export items, other
    than those licensed by the Commission, which could be, if used for
    purposes other than those for which the export is intended, of
    significance for nuclear explosive purposes. Among other things,
    these procedures shall provide for prior consultations by the
    Department of Commerce with the Department of State, the
    Commission, the Department of Energy, and the Department of
    Defense.

-SOURCE-
    (Pub. L. 95-242, title III, Sec. 309(b), (c), Mar. 10, 1978, 92
    Stat. 141; Pub. L. 103-236, title VII, Sec. 714(b), Apr. 30, 1994,
    108 Stat. 498; Pub. L. 105-277, div. G, title XII, Sec. 1225(e)(4),
    Oct. 21, 1998, 112 Stat. 2681-775.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Commission, referred to in text, is defined as meaning the
    Nuclear Regulatory Commission by section 4(a)(1) of the Nuclear Non-
    Proliferation Act of 1978, Pub. L. 95-242, which is classified to
    section 3203(a)(1) of Title 22, Foreign Relations and Intercourse.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Nuclear Non-Proliferation Act
    of 1978, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.
      Section is based on subsecs. (b) and (c) of Pub. L. 95-242.
    Subsec. (a) of Pub. L. 95-242 amended section 2139 of this title,
    and subsec. (d) is set out as a note under section 2139 of this
    title.

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (b). Pub. L. 105-277, Sec. 1225(e)(4)(A),
    substituted "and the Department of Commerce" for "the Department of
    Commerce, and the Arms Control and Disarmament Agency".
      Subsec. (c). Pub. L. 105-277, Sec. 1225(e)(4)(B), struck out "the
    Arms Control and Disarmament Agency," after "Department of State,".
      1994 - Subsec. (c). Pub. L. 103-236 struck out ", as required,"
    after "prior consultations" in last sentence.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
    1999, or date of abolition of the United States Arms Control and
    Disarmament Agency pursuant to reorganization plan described in
    section 6601 of Title 22, Foreign Relations and Intercourse, see
    section 1201 of Pub. L. 105-277, set out as an Effective Date note
    under section 6511 of Title 22.

                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Secretary of Commerce to be responsible for performing function
    vested in President by subsec. (c) of this section, see section 3
    of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
    section 3201 of Title 22, Foreign Relations and Intercourse.

-MISC2-
        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under the Nuclear Non-Proliferation
    Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, not to be
    delayed pending development of procedures even though as many as
    120 days [after Mar. 10, 1978] are allowed for establishing those
    procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978,
    43 F.R. 20947, set out under section 3201 of Title 22, Foreign
    Relations and Intercourse.

-End-

-CITE-
    42 USC Sec. 2140                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-
    Sec. 2140. Exclusions from license requirement

-STATUTE-
      Nothing in this subchapter shall be deemed - 
        (a) to require a license for (1) the processing, fabricating,
      or refining of special nuclear material, or the separation of
      special nuclear material, or the separation of special nuclear
      material from other substances, under contract with and for the
      account of the Commission; or (2) the construction or operation
      of facilities under contract with and for the account of the
      Commission; or
        (b) to require a license for the manufacture, production, or
      acquisition by the Department of Defense of any utilization
      facility authorized pursuant to section 2121 of this title, or
      for the use of such facility by the Department of Defense or a
      contractor thereof.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 110, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 939; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2141                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER IX - ATOMIC ENERGY LICENSES

-HEAD-
    Sec. 2141. Licensing by Nuclear Regulatory Commission of
      distribution of special nuclear material, source material, and
      byproduct material by Department of Energy

-STATUTE-
      (a) The Nuclear Regulatory Commission is authorized to license
    the distribution of special nuclear material, source material, and
    byproduct material by the Department of Energy pursuant to section
    2074, 2094, and 2112 of this title, respectively, in accordance
    with the same procedures established by law for the export
    licensing of such material by any person: Provided, That nothing in
    this section shall require the licensing of the distribution of
    byproduct material by the Department of Energy under section 2112
    of this title.
      (b) The Department of Energy shall not distribute any special
    nuclear material or source material under section 2074 or 2094 of
    this title other than under an export license issued by the Nuclear
    Regulatory Commission until (1) the Department has obtained the
    concurrence of the Department of State and has consulted with the
    Nuclear Regulatory Commission and the Department of Defense under
    mutually agreed procedures which shall be established within not
    more than ninety days after March 10, 1978, and (2) the Department
    finds based on a reasonable judgment of the assurances provided and
    the information available to the United States Government, that the
    criteria in section 2156 of this title or their equivalent and any
    applicable criteria in section 2157 of this title are met, and that
    the proposed distribution would not be inimical to the common
    defense and security.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 111, as added Pub. L. 95-242,
    title III, Sec. 301(c), Mar. 10, 1978, 92 Stat. 125; renumbered
    title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
    106 Stat. 2944; amended Pub. L. 105-277, div. G, title XII, Sec.
    1225(d)(3), Oct. 21, 1998, 112 Stat. 2681-774.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (b). Pub. L. 105-277 substituted "the Nuclear
    Regulatory Commission" for "the Arms Control and Disarmament
    Agency, the Nuclear Regulatory Commission,".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
    1999, or date of abolition of the United States Arms Control and
    Disarmament Agency pursuant to reorganization plan described in
    section 6601 of Title 22, Foreign Relations and Intercourse, see
    section 1201 of Pub. L. 105-277, set out as an Effective Date note
    under section 6511 of Title 22.

                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of certain functions from Nuclear Regulatory
    Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45
    F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of
    this title.

-MISC2-
        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under this chapter, as amended by
    the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
    1978, 92 Stat. 120, not to be delayed pending development of
    procedures even though as many as 120 days [after Mar. 10, 1978]
    are allowed for establishing those procedures, see section 5(b) of
    Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
    section 3201 of Title 22, Foreign Relations and Intercourse.

-End-

-CITE-
    42 USC SUBCHAPTER X - INTERNATIONAL ACTIVITIES              01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
                  SUBCHAPTER X - INTERNATIONAL ACTIVITIES              

-End-

-CITE-
    42 USC Sec. 2151                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2151. Effect of international arrangements

-STATUTE-
      Any provision of this chapter or any action of the Commission to
    the extent and during the time that it conflicts with the
    provisions of any international arrangements made after August 30,
    1954 shall be deemed to be of no force or effect.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 121, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 939; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1808(a) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2152                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2152. Policies contained in international arrangements

-STATUTE-
      In the performance of its functions under this chapter, the
    Commission shall give maximum effect to the policies contained in
    any international arrangement made after August 30, 1954.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 122, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 939; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1808(c) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2153                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2153. Cooperation with other nations

-STATUTE-
      No cooperation with any nation, group of nations or regional
    defense organization pursuant to sections 2073, 2074(a), 2077,
    2094, 2112, 2121, 2133, 2134, or 2164 of this title shall be
    undertaken until - 
      (a) Terms, conditions, duration, nature, scope, and other
        requirements of proposed agreements for cooperation;
        Presidential exemptions; negotiations; Nuclear Proliferation
        Assessment Statement
        the proposed agreement for cooperation has been submitted to
      the President, which proposed agreement shall include the terms,
      conditions, duration, nature, and scope of the cooperation; and
      shall include the following requirements:
          (1) a guaranty by the cooperating party that safeguards as
        set forth in the agreement for cooperation will be maintained
        with respect to all nuclear materials and equipment transferred
        pursuant thereto, and with respect to all special nuclear
        material used in or produced through the use of such nuclear
        materials and equipment, so long as the material or equipment
        remains under the jurisdiction or control of the cooperating
        party, irrespective of the duration of other provisions in the
        agreement or whether the agreement is terminated or suspended
        for any reason;
          (2) in the case of non-nuclear-weapon states, a requirement,
        as a condition of continued United States nuclear supply under
        the agreement for cooperation, that IAEA safeguards be
        maintained with respect to all nuclear materials in all
        peaceful nuclear activities within the territory of such state,
        under its jurisdiction, or carried out under its control
        anywhere;
          (3) except in the case of those agreements for cooperation
        arranged pursuant to section 2121(c) of this title, a guaranty
        by the cooperating party that no nuclear materials and
        equipment or sensitive nuclear technology to be transferred
        pursuant to such agreement, and no special nuclear material
        produced through the use of any nuclear materials and equipment
        or sensitive nuclear technology transferred pursuant to such
        agreement, will be used for any nuclear explosive device, or
        for research on or development of any nuclear explosive device,
        or for any other military purpose;
          (4) except in the case of those agreements for cooperation
        arranged pursuant to section 2121(c) of this title and
        agreements for cooperation with nuclear-weapon states, a
        stipulation that the United States shall have the right to
        require the return of any nuclear materials and equipment
        transferred pursuant thereto and any special nuclear material
        produced through the use thereof if the cooperating party
        detonates a nuclear explosive device or terminates or abrogates
        an agreement providing for IAEA safeguards;
          (5) a guaranty by the cooperating party that any material or
        any Restricted Data transferred pursuant to the agreement for
        cooperation and, except in the case of agreements arranged
        pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of
        this title, any production or utilization facility transferred
        pursuant to the agreement for cooperation or any special
        nuclear material produced through the use of any such facility
        or through the use of any material transferred pursuant to the
        agreement, will not be transferred to unauthorized persons or
        beyond the jurisdiction or control of the cooperating party
        without the consent of the United States;
          (6) a guaranty by the cooperating party that adequate
        physical security will be maintained with respect to any
        nuclear material transferred pursuant to such agreement and
        with respect to any special nuclear material used in or
        produced through the use of any material, production facility,
        or utilization facility transferred pursuant to such agreement;
          (7) except in the case of agreements for cooperation arranged
        pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of
        this title, a guaranty by the cooperating party that no
        material transferred pursuant to the agreement for cooperation
        and no material used in or produced through the use of any
        material, production facility, or utilization facility
        transferred pursuant to the agreement for cooperation will be
        reprocessed, enriched or (in the case of plutonium, uranium
        233, or uranium enriched to greater than twenty percent in the
        isotope 235, or other nuclear materials which have been
        irradiated) otherwise altered in form or content without the
        prior approval of the United States;
          (8) except in the case of agreements for cooperation arranged
        pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of
        this title, a guaranty by the cooperating party that no
        plutonium, no uranium 233, and no uranium enriched to greater
        than twenty percent in the isotope 235, transferred pursuant to
        the agreement for cooperation, or recovered from any source or
        special nuclear material so transferred or from any source or
        special nuclear material used in any production facility or
        utilization facility transferred pursuant to the agreement for
        cooperation, will be stored in any facility that has not been
        approved in advance by the United States; and
          (9) except in the case of agreements for cooperation arranged
        pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of
        this title, a guaranty by the cooperating party that any
        special nuclear material, production facility, or utilization
        facility produced or constructed under the jurisdiction of the
        cooperating party by or through the use of any sensitive
        nuclear technology transferred pursuant to such agreement for
        cooperation will be subject to all the requirements specified
        in this subsection.

      The President may exempt a proposed agreement for cooperation
      (except an agreement arranged pursuant to section 2121(c),
      2164(b), 2164(c), or 2164(d) of this title) from any of the
      requirements of the foregoing sentence if he determines that
      inclusion of any such requirement would be seriously prejudicial
      to the achievement of United States non-proliferation objectives
      or otherwise jeopardize the common defense and security. Except
      in the case of those agreements for cooperation arranged pursuant
      to section 2121(c), 2164(b), 2164(c), or 2164(d) of this title,
      any proposed agreement for cooperation shall be negotiated by the
      Secretary of State, with the technical assistance and concurrence
      of the Secretary of Energy; and after consultation with the
      Commission shall be submitted to the President jointly by the
      Secretary of State and the Secretary of Energy accompanied by the
      views and recommendations of the Secretary of State, the
      Secretary of Energy, and the Nuclear Regulatory Commission. The
      Secretary of State shall also provide to the President an
      unclassified Nuclear Proliferation Assessment Statement (A) which
      shall analyze the consistency of the text of the proposed
      agreement for cooperation with all the requirements of this
      chapter, with specific attention to whether the proposed
      agreement is consistent with each of the criteria set forth in
      this subsection, and (B) regarding the adequacy of the safeguards
      and other control mechanisms and the peaceful use assurances
      contained in the agreement for cooperation to ensure that any
      assistance furnished thereunder will not be used to further any
      military or nuclear explosive purpose. Each Nuclear Proliferation
      Assessment Statement prepared pursuant to this chapter shall be
      accompanied by a classified annex, prepared in consultation with
      the Director of Central Intelligence, summarizing relevant
      classified information. In the case of those agreements for
      cooperation arranged pursuant to section 2121(c), 2164(b),
      2164(c), or 2164(d) of this title, any proposed agreement for
      cooperation shall be submitted to the President by the Secretary
      of Energy or, in the case of those agreements for cooperation
      arranged pursuant to section 2121(c), 2164(b), or 2164(d) of this
      title which are to be implemented by the Department of Defense,
      by the Secretary of Defense;
      (b) Presidential approval and authorization for execution of
        proposed agreements for cooperation
        the President has submitted text of the proposed agreement for
      cooperation (except an agreement arranged pursuant to section
      2121(c), 2164(b), 2164(c), or 2164(d) of this title), together
      with the accompanying unclassified Nuclear Proliferation
      Assessment Statement, to the Committee on Foreign Relations of
      the Senate and the Committee on Foreign Affairs of the House of
      Representatives, the President has consulted with such Committees
      for a period of not less than thirty days of continuous session
      (as defined in section 2159(g) of this title) concerning the
      consistency of the terms of the proposed agreement with all the
      requirements of this chapter, and the President has approved and
      authorized the execution of the proposed agreement for
      cooperation and has made a determination in writing that the
      performance of the proposed agreement will promote, and will not
      constitute an unreasonable risk to, the common defense and
      security;
      (c) Submittal of proposed agreements for cooperation to
        Congressional committees
        the proposed agreement for cooperation (if not an agreement
      subject to subsection (d) of this section), together with the
      approval and determination of the President, has been submitted
      to the Committee on Foreign Affairs of the House of
      Representatives and the Committee on Foreign Relations of the
      Senate for a period of thirty days of continuous session (as
      defined in section 2159(g) of this title): Provided, however,
      That these committees, after having received such agreement for
      cooperation, may by resolution in writing waive the conditions of
      all or any portion of such thirty-day period; and
      (d) Congressional action
        the proposed agreement for cooperation (if arranged pursuant to
      section 2121(c), 2164(b), 2164(c), or 2164(d) of this title, or
      if entailing implementation of section 2073, 2074(a), 2133, or
      2134 of this title in relation to a reactor that may be capable
      of producing more than five thermal megawatts or special nuclear
      material for use in connection therewith) has been submitted to
      the Congress, together with the approval and determination of the
      President, for a period of sixty days of continuous session (as
      defined in section 2159(g) of this title) and referred to the
      Committee on Foreign Affairs of the House of Representatives and
      the Committee on Foreign Relations of the Senate, and in
      addition, in the case of a proposed agreement for cooperation
      arranged pursuant to section 2121(c), 2164(b), 2164(c), or
      2164(d) of this title, the Committee on Armed Services of the
      House of Representatives and the Committee on Armed Services of
      the Senate, but such proposed agreement for cooperation shall not
      become effective if during such sixty-day period the Congress
      adopts, and there is enacted, a joint resolution stating in
      substance that the Congress does not favor the proposed agreement
      for cooperation: Provided, That the sixty-day period shall not
      begin until a Nuclear Proliferation Assessment Statement prepared
      by the Secretary of State, and any annexes thereto, when required
      by subsection (a) of this section, have been submitted to the
      Congress: Provided further, That an agreement for cooperation
      exempted by the President pursuant to subsection (a) of this
      section from any requirement contained in that subsection shall
      not become effective unless the Congress adopts, and there is
      enacted, a joint resolution stating that the Congress does favor
      such agreement. During the sixty-day period the Committee on
      Foreign Affairs of the House of Representatives and the Committee
      on Foreign Relations of the Senate shall each hold hearings on
      the proposed agreement for cooperation and submit a report to
      their respective bodies recommending whether it should be
      approved or disapproved. Any such proposed agreement for
      cooperation shall be considered pursuant to the procedures set
      forth in section 2159(i) of this title.

      Following submission of a proposed agreement for cooperation
    (except an agreement for cooperation arranged pursuant to section
    2121(c), 2164(b), 2164(c), or 2164(d) of this title) to the
    Committee on Foreign Affairs of the House of Representatives and
    the Committee on Foreign Relations of the Senate, the Nuclear
    Regulatory Commission, the Department of State, the Department of
    Energy, and the Department of Defense shall, upon the request of
    either of those committees, promptly furnish to those committees
    their views as to whether the safeguards and other controls
    contained therein provide an adequate framework to ensure that any
    exports as contemplated by such agreement will not be inimical to
    or constitute an unreasonable risk to the common defense and
    security.
      If, after March 10, 1978, the Congress fails to disapprove a
    proposed agreement for cooperation which exempts the recipient
    nation from the requirement set forth in subsection (a)(2) of this
    section, such failure to act shall constitute a failure to adopt a
    resolution of disapproval pursuant to section 2157(b)(3) of this
    title for purposes of the Commission's consideration of
    applications and requests under section 2155(a)(2) of this title
    and there shall be no congressional review pursuant to section 2157
    of this title of any subsequent license or authorization with
    respect to that state until the first such license or authorization
    which is issued after twelve months from the elapse of the sixty-
    day period in which the agreement for cooperation in question is
    reviewed by the Congress.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 123, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 940; amended Pub. L. 85-479, Secs. 3, 4,
    July 2, 1958, 72 Stat. 277; Pub. L. 85-681, Sec. 4, Aug. 19, 1958,
    72 Stat. 632; Pub. L. 88-489, Sec. 15, Aug. 26, 1964, 78 Stat. 606;
    Pub. L. 93-377, Sec. 5, Aug. 17, 1974, 88 Stat. 475; Pub. L. 93-
    485, Sec. 1, Oct. 26, 1974, 88 Stat. 1460; Pub. L. 95-242, title
    IV, Sec. 401, Mar. 10, 1978, 92 Stat. 142; Pub. L. 99-64, title
    III, Sec. 301(a), (b), July 12, 1985, 99 Stat. 159, 160; renumbered
    title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
    106 Stat. 2944; Pub. L. 103-337, div. C, title XXXI, Sec.
    3155(c)(1), Oct. 5, 1994, 108 Stat. 3092; Pub. L. 103-437, Sec.
    15(f)(5), Nov. 2, 1994, 108 Stat. 4592; Pub. L. 104-106, div. A,
    title XV, Sec. 1505(g), Feb. 10, 1996, 110 Stat. 515; Pub. L. 105-
    277, div. G, title XII, Sec. 1225(d)(4), Oct. 21, 1998, 112 Stat.
    2681-774.)

-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-277, Sec. 1225(d)(4)(C), in first undesignated
    paragraph of concluding provisions, struck out "the Arms Control
    and Disarmament Agency," after "Department of Energy,".
      Subsec. (a). Pub. L. 105-277, Sec. 1225(d)(4)(A), in concluding
    provisions, struck out "and in consultation with the Director of
    the Arms Control and Disarmament Agency ('the Director')" before ";
    and after consultation", inserted "and" after "Secretary of
    Energy,", substituted "Commission. The Secretary of State" for
    "Commission, and the Director, who", and inserted "Each Nuclear
    Proliferation Assessment Statement prepared pursuant to this
    chapter shall be accompanied by a classified annex, prepared in
    consultation with the Director of Central Intelligence, summarizing
    relevant classified information." after "nuclear explosive
    purpose."
      Subsec. (d). Pub. L. 105-277, Sec. 1225(d)(4)(B), in first
    proviso, substituted "Nuclear Proliferation Assessment Statement
    prepared by the Secretary of State, and any annexes thereto," for
    "Nuclear Proliferation Assessment Statement prepared by the
    Director of the Arms Control and Disarmament Agency," and
    substituted "have been" for "has been".
      1996 - Subsec. (a). Pub. L. 104-106 substituted ", 2164(b), or
    2164(d)" for "2164(b), or 2164(d)" in concluding provisions.
      1994 - Pub. L. 103-437 substituted "Foreign Affairs" for
    "International Relations" in penultimate paragraph.
      Pub. L. 103-337, Sec. 3155(c)(1)(A), substituted "2164(c), or
    2164(d)" for "or 2164(c)" in penultimate paragraph.
      Subsec. (a). Pub. L. 103-337, Sec. 3155(c)(1)(B), substituted
    "2164(b), or 2164(d)" for "or 2164(b)" in provisions following par.
    (9).
      Pub. L. 103-337, Sec. 3155(c)(1)(A), substituted "2164(c), or
    2164(d)" for "or 2164(c)" wherever appearing.
      Subsec. (b). Pub. L. 103-437 substituted "Foreign Affairs" for
    "International Relations".
      Pub. L. 103-337, Sec. 3155(c)(1)(C), inserted "(except an
    agreement arranged pursuant to section 2121(c), 2164(b), 2164(c),
    or 2164(d) of this title)" after "the President has submitted text
    of the proposed agreement for cooperation".
      Subsec. (c). Pub. L. 103-437 substituted "Foreign Affairs" for
    "International Relations".
      Subsec. (d). Pub. L. 103-437 substituted "Foreign Affairs" for
    "International Relations" in two places.
      Pub. L. 103-337, Sec. 3155(c)(1)(A), substituted "2164(c), or
    2164(d)" for "or 2164(c)" in two places.
      1985 - Subsec. (a). Pub. L. 99-64, Sec. 301(a)(1), in provisions
    following par. (9) inserted "(A) which shall analyze the
    consistency of the text of the proposed agreement for cooperation
    with all the requirements of this chapter, with specific attention
    to whether the proposed agreement is consistent with each of the
    criteria set forth in this subsection, and (B)" after "Assessment
    Statement".
      Subsec. (b). Pub. L. 99-64, Sec. 301(a)(2), inserted "the
    President has submitted text of the proposed agreement for
    cooperation, together with the accompanying unclassified Nuclear
    Proliferation Assessment Statement, to the Committee on Foreign
    Relations of the Senate and the Committee on Foreign Affairs of the
    House of Representatives, the President has consulted with such
    Committees for a period of not less than thirty days of continuous
    session (as defined in section 2159(g) of this title) concerning
    the consistency of the terms of the proposed agreement with all the
    requirements of this chapter, and".
      Subsec. (d). Pub. L. 99-64, Sec. 301(a)(3), (b), substituted
    "adopts, and there is enacted, a joint resolution" for "adopts a
    concurrent resolution", inserted a further proviso directing that
    an agreement for cooperation exempted by the President pursuant to
    subsection (a) of this section from any requirement contained in
    that subsection shall not become effective unless the Congress
    adopts, and there is enacted, a joint resolution stating that the
    Congress does favor such agreement, inserted sentence directing
    that during the sixty-day period the Committee on Foreign Affairs
    of the House of Representatives and the Committee on Foreign
    Relations of the Senate shall each hold hearings on the proposed
    agreement for cooperation and submit a report to their respective
    bodies recommending whether it should be approved or disapproved,
    and substituted "section 2159(i) of this title" for "section 2159
    of this title for the consideration of Presidential submissions".
      1978 - Subsec. (a). Pub. L. 95-242 amended and carried forward
    into pars. (3), (5), and (6) the existing provisions relating to
    the terms and conditions required for inclusion in all new
    agreements for cooperation, inserted new terms and conditions set
    out in pars. (1), (2), (4), (7), (8), and (9), inserted provisions
    empowering the President to exempt proposed agreements from any of
    the requirements if he determines that inclusion of the requirement
    would be seriously prejudicial to the achievement of United States
    nonproliferation objectives or jeopardize the common defense and
    security for any other reason, provided for Congressional rejection
    of any such Presidential exemption, and provided that agreements be
    negotiated by the Department of State, with an exception for
    defense related agreements.
      Subsec. (b). Pub. L. 95-242 reenacted existing provisions with
    only minor changes in punctuation.
      Subsec. (c). Pub. L. 95-242 inserted "(if not an agreement
    subject to subsection (d) of this section)" after "the proposed
    agreement for cooperation", substituted "submitted to the Committee
    on International Relations of the House of Representatives and the
    Committee on Foreign Relations for a period of thirty days of
    continuous session (as defined in section 2159(g) of this title)"
    for "submitted to the Joint Committee and a period of thirty days
    has elapsed while Congress is in session (in computing such thirty
    days, there shall be excluded the days on which either House is not
    in session because of the adjournment of more than three days)",
    and substituted reference to "these committees" for reference to
    "the Joint Committee" in proviso.
      Subsec. (d). Pub. L. 95-242 provided that proposed agreements be
    laid before the Committees on International Relations and Foreign
    Relations rather than the Joint Committee on Atomic Energy and that
    for major agreements the Nuclear Proliferation Assessment
    Statement, if any, prepared in conjunction with the President's
    review of the proposed agreement, also be submitted to the
    committees, and added unlettered paragraphs following subsec. (d)
    relating to the submission of agency views to Congressional
    committees and the failure of the Congress to act on agreements
    which exempt the recipient nation from the requirements of subsec.
    (a)(2).
      1974 - Pub. L. 93-377 substituted reference to section 2074(a) of
    this title for reference to section 2074 of this title in opening
    par.
      Subsec. (d). Pub. L. 93-485 inserted reference to proposed
    agreements entailing implementation of sections 2073, 2074, 2133,
    or 2134 of this title, or in relation to reactors capable of
    producing more than five thermal megawatts or special nuclear
    material in connection therewith, inserted provision requiring the
    Joint Committee to submit a report to Congress of its views and
    recommendations respecting the proposed agreement and an
    accompanying proposed concurrent resolution favoring or otherwise
    of such agreement within the first thirty days of the sixty day
    period and providing that such concurrent resolution so reported
    shall become the pending business of the House in question within
    twenty-five days and shall be voted on within five days thereafter
    unless such House determined otherwise, and struck out the proviso
    that during the 85th Congress the waiting period shall be thirty
    days.
      1964 - Pub. L. 88-489 inserted reference to section 2073 in
    opening par.
      1958 - Pub. L. 85-479, Sec. 3, inserted reference to section 2121
    in opening par.
      Subsec. (a). Pub. L. 85-479, Sec. 3, included agreements for
    cooperation arranged pursuant to section 2121(c) of this title, and
    inserted in cl. (3) the exception in the case of agreements
    arranged pursuant to section 2121(c) of this title.
      Subsec. (c). Pub. L. 85-681 inserted proviso clause relating to
    waiver waiting period.
      Subsec. (d). Pub. L. 85-479, Sec. 4, added subsec. (d).

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC2-
                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
    1999, or date of abolition of the United States Arms Control and
    Disarmament Agency pursuant to reorganization plan described in
    section 6601 of Title 22, Foreign Relations and Intercourse, see
    section 1201 of Pub. L. 105-277, set out as an Effective Date note
    under section 6511 of Title 22.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Section 301(d) of Pub. L. 99-64 provided that: "The amendments
    made by this section [amending this section and section 2159 of
    this title] shall apply to any agreement for cooperation which is
    entered into after the date of the enactment of this Act [July 12,
    1985]."

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-242 effective Mar. 10, 1978, except as
    otherwise provided and regardless of any requirement for the
    promulgation of implementing regulations, see section 603(c) of
    Pub. L. 95-242, set out as an Effective Date note under section
    3201 of Title 22, Foreign Relations and Intercourse.

                     EFFECTIVE DATE OF 1974 AMENDMENT                 
      Section 2 of Pub. L. 93-485 provided that: "This Act [amending
    this section] shall apply to proposed agreements for cooperation
    and to proposed amendments to agreements for cooperation hereafter
    [Oct. 26, 1974] submitted to the Congress."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-MISC3-
                APPLICABILITY OF NOTICE AND WAIT PROVISIONS            
      Section 3155(b) of Pub. L. 103-337, as amended by Pub. L. 104-
    201, div. C, title XXXI, Sec. 3160, Sept. 23, 1996, 110 Stat.
    2843; Pub. L. 107-314, div. D, title XLV, Sec. 4501(b), formerly
    Pub. L. 104-106, div. C, title XXXI, Sec. 3154(b), Feb. 10, 1996,
    110 Stat. 624, renumbered Sec. 4501(b) of Pub. L. 107-314 by Pub.
    L. 108-136, div. C, title XXXI, Sec. 3141(h)(2)(A)-(C), Nov. 24,
    2003, 117 Stat. 1771, provided that: "Section 123 d. of the Atomic
    Energy Act of 1954 (42 U.S.C. 2153(d)), as amended by subsection
    (c), shall not apply to a proposed agreement for cooperation under
    section 144 d. of such Act [42 U.S.C. 2164(d)], as inserted by
    subsection (a), until October 1, 1997."

        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under this chapter, as amended by
    the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
    1978, 92 Stat. 120, not to be delayed pending development of
    procedures even though as many as 120 days [after Mar. 10, 1978]
    are allowed for establishing those procedures, see section 5(b) of
    Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
    section 3201 of Title 22, Foreign Relations and Intercourse.

                FUEL CYCLE EVALUATIONS; REPORT TO CONGRESS            
      Pub. L. 95-601, Sec. 9, Nov. 6, 1978, 92 Stat. 2951, directed
    Commission to monitor and assist, as requested, International Fuel
    Cycle Evaluation and studies and evaluations of various nuclear
    fuel cycle systems by Department of Energy in progress as of Nov.
    6, 1978, and report to Congress semiannually through calendar year
    1980 and annually through calendar year 1982 on status of domestic
    and international evaluations of nuclear fuel cycle systems, with
    report to include a summary of information developed by and
    available to Commission on health, safety, and safeguards
    implications of leading fuel cycle technologies.

    ADEQUACY OF LAWS AND REGULATIONS GOVERNING EXPORT AND RE-EXPORT OF
    NUCLEAR MATERIALS, ETC., AND SAFEGUARDS PREVENTING PROLIFERATION OF
                             NUCLEAR MATERIALS
      Pub. L. 93-500, Sec. 14, Oct. 29, 1974, 88 Stat. 1557, directed
    President to review and report to Congress within six months after
    Oct. 29, 1974, on all laws and pertinent regulations issued
    thereunder, governing the export and re-export of nuclear materials
    and information relating to the design and development thereof, in
    order to curb further domestic and international nuclear
    proliferation, diversion, or theft of nuclear materials.

                          COOPERATION WITH BERLIN                      
      Act Aug. 1, 1946, ch. 724, title I, Sec. 125, as added by Apr.
    12, 1957, Pub. L. 85-14, 71 Stat. 11; amended by Aug. 17, 1974,
    Pub. L. 93-377, Sec. 5, 88 Stat. 475; renumbered title I, Oct. 24,
    1992, Pub. L. 102-486, title IX, Sec. 902(a)(8), 106 Stat. 2944,
    provided that the President could authorize the Commission to enter
    into agreements for cooperation with the Federal Republic of
    Germany in accordance with this section, on behalf of Berlin, which
    for the purposes of this chapter comprised those areas over which
    the Berlin Senate exercised jurisdiction (the United States,
    British, and French sectors) and the Commission could thereafter
    cooperate with Berlin pursuant to section 2074(a), 2077, 2094,
    2112, 2133, or 2134 of this title, with provision that the
    guaranties required by this section were to be made by Berlin with
    the approval of the allied commandants.

-EXEC-
               EX. ORD. NO. 10841. INTERNATIONAL COOPERATION           
      Ex. Ord. No. 10841, eff. Sept. 30, 1959, 24 F.R. 7941, as amended
    by Ex. Ord. No. 10956, eff. Aug. 10, 1961, 26 F.R. 7315; Ex. Ord.
    No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
      Section 1. Whenever the President, pursuant to section 123 of the
    Act [this section], has approved and authorized the execution of a
    proposed agreement providing for cooperation pursuant to section
    91c, 144a, 144b, or 144c of the Act [sections 2121(c), 2164(a),
    2164(b), 2164 (c) of this title], such approval and authorization
    by the President shall constitute his authorization to cooperate to
    the extent provided for in the agreement and in the manner provided
    for in section 91c, 144a, 144b, or 144c [sections 2121(c), 2164(a),
    2164(b), or 2164(c) of this title], as pertinent. In respect of
    sections 91c, 144b, and 144c [sections 2121(c), 2164(b), and
    2164(c) of this title], authorizations by the President to
    cooperate shall be subject to the requirements of sections 123d of
    the Act [subsec. (d) of this section] and shall also be subject to
    appropriate determinations made pursuant to section 2 of this
    order.
      Sec. 2. (a) The Secretary of Defense and the Secretary of Energy
    are hereby designated and empowered to exercise jointly, after
    consultation with executive agencies as may be appropriate, the
    following-described authority without the approval, ratification,
    or other action of the President:
      (1) The authority vested in the President by section 91c of the
    Act [section 2121(c) of this title] to determine that the proposed
    cooperation and each proposed transfer arrangement referred to in
    that section will promote and will not constitute an unreasonable
    risk to the common defense and security.
      (2) The authority vested in the President by section 144b of the
    Act [section 2164(b) of this title] to determine that the proposed
    cooperation and the proposed communication of Restricted Data
    referred to in that section will promote and will not constitute an
    unreasonable risk to the common defense and security: Provided,
    That each determination made under this paragraph shall be referred
    to the President and, unless disapproved by him, shall become
    effective fifteen days after such referral or at such later time as
    may be specified in the determination.
      (3) The authority vested in the President by section 144c of the
    Act [section 2164(c) of this title] to determine that the proposed
    cooperation and the communication of the proposed Restricted Data
    referred to in that section will promote and will not constitute an
    unreasonable risk to the common defense and security.
      (b) Whenever the Secretary of Defense and the Secretary of Energy
    are unable to agree upon a joint determination under the provisions
    of subsection (a) of this section, the recommendations of each of
    them, together with the recommendations of other agencies
    concerned, shall be referred to the President, and the
    determination shall be made by the President.
      Sec. 3. This order shall not be construed as delegating the
    function vested in the President by section 91c of the Act [section
    2121(c) of this title] of approving programs proposed under that
    section.
      Sec. 4. (a) The functions of negotiating and entering into
    international agreements under the Act [this chapter] shall be
    performed by or under the authority of the Secretary of State.
      (b) International cooperation under the Act [this chapter] shall
    be subject to the responsibilities of the Secretary of State with
    respect to the foreign policy of the United States pertinent
    thereto.

-End-

-CITE-
    42 USC Sec. 2153a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2153a. Approval for enrichment after export of source or
      special nuclear material; export of major critical components of
      enrichment facilities

-STATUTE-
      (a) Except as specifically provided in any agreement for
    cooperation, no source or special nuclear material hereafter
    exported from the United States may be enriched after export
    without the prior approval of the United States for such
    enrichment: Provided, That the procedures governing such approvals
    shall be identical to those set forth for the approval of proposed
    subsequent arrangements under section 2160 of this title, and any
    commitments from the recipient which the Secretary of Energy and
    the Secretary of State deem necessary to ensure that such approval
    will be obtained prior to such enrichment shall be obtained prior
    to the submission of the executive branch judgment regarding the
    export in question and shall be set forth in such submission: And
    provided further, That no source or special nuclear material shall
    be exported for the purpose of enrichment or reactor fueling to any
    nation or group of nations which has, after March 10, 1978, entered
    into a new or amended agreement for cooperation with the United
    States, except pursuant to such agreement.
      (b) In addition to other requirements of law, no major critical
    component of any uranium enrichment, nuclear fuel reprocessing, or
    heavy water production facility shall be exported under any
    agreement for cooperation (except an agreement for cooperation
    pursuant to section 2121(c), 2164(b), or 2164(c) of this title)
    unless such agreement for cooperation specifically designates such
    components as items to be exported pursuant to the agreement for
    cooperation. For purposes of this subsection, the term "major
    critical component" means any component part or group of component
    parts which the President determines to be essential to the
    operation of a complete uranium enrichment, nuclear fuel
    reprocessing, or heavy water production facility.

-SOURCE-
    (Pub. L. 95-242, title IV, Sec. 402, Mar. 10, 1978, 92 Stat. 145.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Nuclear Non-Proliferation Act
    of 1978, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Delegation or assignment to Secretary of Energy of function
    vested in President under subsec. (b) of this section, see section
    1(a) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out
    under section 3201 of Title 22, Foreign Relations and Intercourse.

-MISC2-
        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under the Nuclear Non-Proliferation
    Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, not to be
    delayed pending development of procedures even though as many as
    120 days [after Mar. 10, 1978] are allowed for establishing those
    procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978,
    43 F.R. 20947, set out under section 3201 of Title 22, Foreign
    Relations and Intercourse.

-End-

-CITE-
    42 USC Sec. 2153b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2153b. Export policies relating to peaceful nuclear activities
      and international nuclear trade

-STATUTE-
      The President shall take immediate and vigorous steps to seek
    agreement from all nations and groups of nations to commit
    themselves to adhere to the following export policies with respect
    to their peaceful nuclear activities and their participation in
    international nuclear trade:
    (a) Undertakings by transferee nations receiving nuclear material
      and equipment or sensitive nuclear technology
      No nuclear materials and equipment and no sensitive nuclear
    technology within the territory of any nation or group of nations,
    under its jurisdiction, or under its control anywhere will be
    transferred to the jurisdiction of any other nation or group of
    nations unless the nation or group of nations receiving such
    transfer commits itself to strict undertakings including, but not
    limited to, provisions sufficient to ensure that - 
        (1) no nuclear materials and equipment and no nuclear
      technology in, under the jurisdiction of, or under the control of
      any non-nuclear-weapon state, shall be used for nuclear explosive
      devices for any purpose or for research on or development of
      nuclear explosive devices for any purpose, except as permitted by
      Article V, the Treaty;
        (2) IAEA safeguards will be applied to all peaceful nuclear
      activities in, under the jurisdiction of, or under the control of
      any non-nuclear-weapon state;
        (3) adequate physical security measures will be established and
      maintained by any nation or group of nations on all of its
      nuclear activities;
        (4) no nuclear materials and equipment and no nuclear
      technology intended for peaceful purposes in, under the
      jurisdiction of, or under the control of any nation or group of
      nations shall be transferred to the jurisdiction of any other
      nation or group of nations which does not agree to stringent
      undertakings meeting the objectives of this section; and
        (5) no nation or group of nations will assist, encourage, or
      induce any non-nuclear-weapon state to manufacture or otherwise
      acquire any nuclear explosive device.
    (b) Enrichment of source or special nuclear material only under
      effective international auspices and inspection
      (1) No source or special nuclear material within the territory of
    any nation or group of nations, under its jurisdiction, or under
    its control anywhere will be enriched (as described in section
    2014(aa)(2) of this title) or reprocessed, no irradiated fuel
    elements containing such material which are to be removed from a
    reactor will be altered in form or content, and no fabrication or
    stockpiling involving plutonium, uranium 233, or uranium enriched
    to greater than 20 percent in the isotope 235 shall be performed
    except in a facility under effective international auspices and
    inspection, and any such irradiated fuel elements shall be
    transferred to such a facility as soon as practicable after removal
    from a reactor consistent with safety requirements. Such facilities
    shall be limited in number to the greatest extent feasible and
    shall be carefully sited and managed so as to minimize the
    proliferation and environmental risks associated with such
    facilities. In addition, there shall be conditions to limit the
    access of non-nuclear-weapon states other than the host country to
    sensitive nuclear technology associated with such facilities.
      (2) Any facilities within the territory of any nation or group of
    nations, under its jurisdiction, or under its control anywhere for
    the necessary short-term storage of fuel elements containing
    plutonium, uranium 233, or uranium enriched to greater than 20
    percent in the isotope 235 prior to placement in a reactor or of
    irradiated fuel elements prior to transfer as required in
    subparagraph (1) shall be placed under effective international
    auspices and inspection.
    (c) Establishment of physical security measures
      Adequate physical security measures will be established and
    maintained with respect to all nuclear activities within the
    territory of each nation and group of nations, under its
    jurisdiction, or under its control anywhere, and with respect to
    any international shipment of significant quantities of source or
    special nuclear material or irradiated source or special nuclear
    material, which shall also be conducted under international
    safeguards.
    (d) United States military activities
      Nothing in this section shall be interpreted to require
    international control or supervision of any United States military
    activities.

-SOURCE-
    (Pub. L. 95-242, title IV, Sec. 403, Mar. 10, 1978, 92 Stat. 146.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Nuclear Non-Proliferation Act
    of 1978, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Secretary of State responsible for performing functions vested in
    President under this section, see section 2(a) of Ex. Ord. No.
    12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of
    Title 22, Foreign Relations and Intercourse.

-MISC2-
        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under the Nuclear Non-Proliferation
    Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, not to be
    delayed pending development of procedures even though as many as
    120 days [after Mar. 10, 1978] are allowed for establishing those
    procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978,
    43 F.R. 20947, set out under section 3201 of Title 22, Foreign
    Relations and Intercourse.

-End-

-CITE-
    42 USC Sec. 2153c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2153c. Renegotiation of agreements for cooperation

-STATUTE-
    (a) Application to existing agreements of undertakings required of
      new agreements after March 10, 1978
      The President shall initiate a program immediately to renegotiate
    agreements for cooperation in effect on March 10, 1978, or
    otherwise to obtain the agreement of parties to such agreements for
    cooperation to the undertakings that would be required for new
    agreements under this chapter. To the extent that an agreement for
    cooperation in effect on March 10, 1978, with a cooperating party
    contains provisions equivalent to any or all of the criteria set
    forth in section 2156 of this title with respect to materials and
    equipment transferred pursuant thereto or with respect to any
    special nuclear material used in or produced through the use of any
    such material or equipment, any renegotiated agreement with that
    cooperating party shall continue to contain an equivalent provision
    with respect to such transferred materials and equipment and such
    special nuclear material. To the extent that an agreement for
    cooperation in effect on March 10, 1978, with a cooperating party
    does not contain provisions with respect to any nuclear materials
    and equipment which have previously been transferred under an
    agreement for cooperation with the United States and which are
    under the jurisdiction or control of the cooperating party and with
    respect to any special nuclear material which is used in or
    produced through the use thereof and which is under the
    jurisdiction or control of the cooperating party, which are
    equivalent to any or all of those required for new and amended
    agreements for cooperation under section 2153(a) of this title, the
    President shall vigorously seek to obtain the application of such
    provisions with respect to such nuclear materials and equipment and
    such special nuclear material. Nothing in this Act or in this
    chapter shall be deemed to relinquish any rights which the United
    States may have under any agreement for cooperation in force on
    March 10, 1978.
    (b) Presidential review of export agreement conditions and policy
      goals
      The President shall annually review each of requirements (1)
    through (9) set forth for inclusion in agreements for cooperation
    under section 2153(a) of this title and the export policy goals set
    forth in section 2153b of this title to determine whether it is in
    the interest of United States non-proliferation objectives for any
    such requirements or export policies which are not already being
    applied as export criteria to be enacted as additional export
    criteria.
    (c) Presidential proposals for additional export criteria
      If the President proposes enactment of any such requirements or
    export policies as additional export criteria or to take any other
    action with respect to such requirements or export policy goals for
    the purpose of encouraging adherence by nations and groups of
    nations to such requirements and policies, he shall submit such a
    proposal together with an explanation thereof to the Congress.
    (d) Congressional action
      If the Committee on Foreign Relations of the Senate or the
    Committee on Foreign Affairs of the House of Representatives, after
    reviewing the President's annual report or any proposed
    legislation, determines that it is in the interest of United States
    non-proliferation objectives to take any action with respect to
    such requirements or export policy goals, it shall report a joint
    resolution to implement such determination. Any joint resolution so
    reported shall be considered in the Senate and the House of
    Representatives, respectively, under applicable procedures provided
    for the consideration of resolutions pursuant to section 2159(b)
    through (g) of this title.

-SOURCE-
    (Pub. L. 95-242, title IV, Sec. 404, Mar. 10, 1978, 92 Stat. 147;
    Pub. L. 103-437, Sec. 15(g), Nov. 2, 1994, 108 Stat. 4593.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a), means the Nuclear Non-
    Proliferation Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat.
    120, which is classified principally to chapter 47 (Sec. 3201 et
    seq.) of Title 22, Foreign Relations and Intercourse. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3201 of Title 22 and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Nuclear Non-Proliferation Act
    of 1978, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.
      Section 2153b of this title, referred to in subsec. (b), was in
    the original "section 401", meaning section 401 of Pub. L. 95-242,
    which amended section 2153 of this title. Section 401 has been
    translated as section 2153b of this title, which was enacted by
    section 403 of Pub. L. 95-242, to reflect the probable intent of
    Congress in view of the reference to the export policy goals which
    are set forth in section 2153b of this title.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (d). Pub. L. 103-437 substituted "Foreign Affairs"
    for "International Relations".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC2-
                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Secretary of State responsible for performing functions vested in
    President under this section, see section 2(a) of Ex. Ord. No.
    12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of
    Title 22, Foreign Relations and Intercourse.

-MISC3-
       SUPPLY OF ADDITIONAL LOW-ENRICHED URANIUM UNDER INTERNATIONAL
        AGREEMENTS FOR COOPERATION IN CIVIL USES OF NUCLEAR ENERGY
      Pub. L. 96-280, June 18, 1980, 94 Stat. 550, provided that:
      "Section 1. Limits contained in agreements for cooperation on the
    amount of low-enriched uranium which may be transferred by or
    exported from the United States pursuant thereto shall not be
    construed to preclude transfer or export of amounts of low-enriched
    uranium in excess of such limits to nations which are parties to
    the Treaty on the Non-Proliferation of Nuclear Weapons.
      "Sec. 2. (a) The terms used in this joint resolution shall have
    the meanings ascribed to them by the Atomic Energy Act of 1954
    [this chapter] and by the Nuclear Non-Proliferation Act of 1978 [22
    U.S.C. 3201 et seq.].
      "(b) The term 'low-enriched uranium' means uranium enriched to
    less than 20 per centum in the isotope 235."

        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under the Nuclear Non-Proliferation
    Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, not to be
    delayed pending development of procedures even though as many as
    120 days [after Mar. 10, 1978] are allowed for establishing those
    procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978,
    43 F.R. 20947, set out under section 3201 of Title 22, Foreign
    Relations and Intercourse.

-End-

-CITE-
    42 USC Sec. 2153d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2153d. Authority to continue agreements for cooperation
      entered into prior to March 10, 1978

-STATUTE-
      (a) The amendments to section 2153 of this title made by this Act
    shall not affect the authority to continue cooperation pursuant to
    agreements for cooperation entered into prior to March 10, 1978.
      (b) Nothing in this Act shall affect the authority to include
    dispute settlement provisions, including arbitration, in any
    agreement made pursuant to an Agreement for Cooperation.

-SOURCE-
    (Pub. L. 95-242, title IV, Sec. 405, Mar. 10, 1978, 92 Stat. 148.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, means the Nuclear Non-
    Proliferation Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat.
    120, which is classified principally to chapter 47 (Sec. 3201 et
    seq.) of Title 22, Foreign Relations and Intercourse. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3201 of Title 22 and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Nuclear Non-Proliferation Act
    of 1978, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

-End-

-CITE-
    42 USC Sec. 2153e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2153e. Protection of environment

-STATUTE-
      The President shall endeavor to provide in any agreement entered
    into pursuant to section 2153 of this title for cooperation between
    the parties in protecting the international environment from
    radioactive, chemical or thermal contamination arising from
    peaceful nuclear activities.

-SOURCE-
    (Pub. L. 95-242, title IV, Sec. 407, Mar. 10, 1978, 92 Stat. 148.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Nuclear Non-Proliferation Act
    of 1978, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Secretary of State responsible for performing functions vested in
    President under this section, see section 2(a) of Ex. Ord. No.
    12058, May 11, 1978, 43 F.R. 20947, set out under section 3201 of
    Title 22, Foreign Relations and Intercourse.

-MISC2-
        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under the Nuclear Non-Proliferation
    Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, not to be
    delayed pending development of procedures even though as many as
    120 days [after Mar. 10, 1978] are allowed for establishing those
    procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978,
    43 F.R. 20947, set out under section 3201 of Title 22, Foreign
    Relations and Intercourse.

-End-

-CITE-
    42 USC Sec. 2153e-1                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2153e-1. Effectiveness of rule, regulation, or procedure with
      regard to exports subject to Nuclear Non-Proliferation Act of
      1978

-STATUTE-
      No environmental rule, regulation, or procedure shall become
    effective with regard to exports subject to the provisions of 22
    U.S.C. 3201 et seq., the Nuclear Non-Proliferation Act of 1978,
    until such time as the President has reported to Congress on the
    progress achieved pursuant to section 407 of the Act (42 U.S.C.
    2153e) entitled "Protection of the Environment" which requires the
    President to seek to provide, in agreements required under the Act,
    for cooperation between the parties in protecting the environment
    from radioactive, chemical or thermal contaminations arising from
    peaceful nuclear activities.

-SOURCE-
    (Pub. L. 95-630, title XIX, Sec. 1913, Nov. 10, 1978, 92 Stat.
    3727.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Nuclear Non-Proliferation Act of 1978, referred to in text,
    is Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, which is classified
    principally to chapter 47 (Sec. 3201 et seq.) of Title 22, Foreign
    Relations and Intercourse. For complete classification of this Act
    to the Code, see Short Title note set out under section 3201 of
    Title 22 and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Export-Import Bank Act
    Amendments of 1978, and not as part of the Atomic Energy Act of
    1954 which comprises this chapter.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Nov. 10, 1978, see section 1917 of Pub. L. 95-
    630, set out as an Effective Date of 1978 Amendment note under
    section 635 of Title 12, Banks and Banking.

-End-

-CITE-
    42 USC Sec. 2153f                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2153f. Savings clause; Nuclear Non-Proliferation Act of 1978

-STATUTE-
      (a) All orders, determinations, rules, regulations, permits,
    contracts, agreements, certificates, licenses, and privileges - 
        (1) which have been issued, made, granted, or allowed to become
      effective in the exercise of functions which are the subject of
      this Act, by (i) any agency or officer, or part thereof, in
      exercising the functions which are affected by this Act, or (ii)
      any court of competent jurisdiction, and
        (2) which are in effect at the time this Act takes effect,

    shall continue in effect according to their terms until modified,
    terminated, superseded, set aside, or repealed as the case may be,
    by the parties thereto or by any court of competent jurisdiction.
      (b) Nothing in this Act shall affect the procedures or
    requirements applicable to agreements for cooperation entered into
    pursuant to sections 2121(c), 2164(b), or 2164(c) of this title or
    arrangements pursuant thereto as it was in effect immediately prior
    to March 10, 1978.

-SOURCE-
    (Pub. L. 95-242, title VI, Sec. 603(a), (b), Mar. 10, 1978, 92
    Stat. 152.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, means the Nuclear Non-
    Proliferation Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat.
    120, which is classified principally to chapter 47 (Sec. 3201 et
    seq.) of Title 22, Foreign Relations and Intercourse. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3201 of Title 22 and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Nuclear Non-Proliferation Act
    of 1978, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions the Nuclear Non-Proliferation Act of
    1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, not to be
    delayed pending development of procedures even though as many as
    120 days [after Mar. 10, 1978] are allowed for establishing those
    procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978,
    43 F.R. 20947, set out under section 3201 of Title 22, Foreign
    Relations and Intercourse.

-End-

-CITE-
    42 USC Sec. 2154                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2154. International atomic pool

-STATUTE-
      The President is authorized to enter into an international
    arrangement with a group of nations providing for international
    cooperation in the nonmilitary applications of atomic energy and he
    may thereafter cooperate with that group of nations pursuant to
    sections 2074(a), 2077, 2094, 2112, 2133, 2134, or 2164(a) of this
    title: Provided, however, That the cooperation is undertaken
    pursuant to an agreement for cooperation entered into in accordance
    with section 2153 of this title.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 124, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 940; amended Pub. L. 93-377, Sec. 5,
    Aug. 17, 1974, 88 Stat. 475; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1974 - Pub. L. 93-377 substituted reference to section 2074(a) of
    this title for reference to section 2074 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2155                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2155. Export licensing procedures

-STATUTE-
    (a) Executive branch judgment on export applications; criteria
      governing United States nuclear exports
      No license may be issued by the Nuclear Regulatory Commission
    (the "Commission") for the export of any production or utilization
    facility, or any source material or special nuclear material,
    including distributions of any material by the Department of Energy
    under section 2074, 2094, or 2112 of this title, for which a
    license is required or requested, and no exemption from any
    requirement for such an export license may be granted by the
    Commission, as the case may be, until - 
        (1) the Commission has been notified by the Secretary of State
      that it is the judgment of the executive branch that the proposed
      export or exemption will not be inimical to the common defense
      and security, or that any export in the category to which the
      proposed export belongs would not be inimical to the common
      defense and security because it lacks significance for nuclear
      explosive purposes. The Secretary of State shall, within ninety
      days after March 10, 1978, establish orderly and expeditious
      procedures, including provision for necessary administrative
      actions and inter-agency memoranda of understanding, which are
      mutually agreeable to the Secretaries of Energy, Defense, and
      Commerce, and the Nuclear Regulatory Commission, for the
      preparation of the executive branch judgment on export
      applications under this section. Such procedures shall include,
      at a minimum, explicit direction on the handling of such
      applications, express deadlines for the solicitation and
      collection of the views of the consulted agencies (with
      identified officials responsible for meeting such deadlines), an
      inter-agency coordinating authority to monitor the processing of
      such applications, predetermined procedures for the expeditious
      handling of intra-agency and inter-agency disagreements and
      appeals to higher authorities, frequent meetings of inter-agency
      administrative coordinators to review the status of all pending
      applications, and similar administrative mechanisms. To the
      extent practicable, an applicant should be advised of all the
      information required of the applicant for the entire process for
      every agency's needs at the beginning of the process. Potentially
      controversial applications should be identified as quickly as
      possible so that any required policy decisions or diplomatic
      consultations con (!1) be initiated in a timely manner. An
      immediate effort should be undertaken to establish quickly any
      necessary standards and criteria, including the nature of any
      required assurances or evidentiary showings, for the decisions
      required under this section. The processing of any export
      application proposed and filed as of March 10, 1978, shall not be
      delayed pending the development and establishment of procedures
      to implement the requirements of this section. The executive
      branch judgment shall be completed in not more than sixty days
      from receipt of the application or request, unless the Secretary
      of State in his discretion specifically authorizes additional
      time for consideration of the application or request because it
      is in the national interest to allow such additional time. The
      Secretary shall notify the Committee on Foreign Relations of the
      Senate and the Committee on Foreign Affairs of the House of
      Representatives of any such authorization. In submitting any such
      judgment, the Secretary of State shall specifically address the
      extent to which the export criteria then in effect are met and
      the extent to which the cooperating party has adhered to the
      provisions of the applicable agreement for cooperation. In the
      event he considers it warranted, the Secretary may also address
      the following additional factors, among others:

          (A) whether issuing the license or granting the exemption
        will materially advance the non-proliferation policy of the
        United States by encouraging the recipient nation to adhere to
        the Treaty, or to participate in the undertakings contemplated
        by section 2153b or 2153c(a) of this title;
          (B) whether failure to issue the license or grant the
        exemption would otherwise be seriously prejudicial to the non-
        proliferation objectives of the United States; and
          (C) whether the recipient nation or group of nations has
        agreed that conditions substantially identical to the export
        criteria set forth in section 2156 of this title will be
        applied by another nuclear supplier nation or group of nations
        to the proposed United States export, and whether in the
        Secretary's judgment those conditions will be implemented in a
        manner acceptable to the United States.

      The Secretary of State shall provide appropriate data and
      recommendations, subject to requests for additional data and
      recommendations, as required by the Commission or the Secretary
      of Energy, as the case may be; and
        (2) the Commission finds, based on a reasonable judgment of the
      assurances provided and other information available to the
      Federal Government, including the Commission, that the criteria
      in section 2156 of this title or their equivalent, and any other
      applicable statutory requirements, are met: Provided, That
      continued cooperation under an agreement for cooperation as
      authorized in accordance with section 2154 of this title shall
      not be prevented by failure to meet the provisions of paragraph
      (4) or (5) of section 2156 of this title for a period of thirty
      days after March 10, 1978, and for a period of twenty-three
      months thereafter if the Secretary of State notifies the
      Commission that the nation or group of nations bound by the
      relevant agreement has agreed to negotiations as called for in
      section 2153c(a) of this title; however, nothing in this
      subsection shall be deemed to relinquish any rights which the
      United States may have under agreements for cooperation in force
      on March 10, 1978: Provided further, That if, upon the expiration
      of such twenty-four month period, the President determines that
      failure to continue cooperation with any group of nations which
      has been exempted pursuant to the above proviso from the
      provisions of paragraph (4) or (5) of section 2156 of this title,
      but which has not yet agreed to comply with those provisions
      would be seriously prejudicial to the achievement of United
      States non-proliferation objectives or otherwise jeopardize the
      common defense and security, he may, after notifying the Congress
      of his determination, extend by Executive order the duration of
      the above proviso for a period of twelve months, and may further
      extend the duration of such proviso by one year increments
      annually thereafter if he again makes such determination and so
      notifies the Congress. In the event that the Committee on Foreign
      Affairs of the House of Representatives or the Committee on
      Foreign Relations of the Senate reports a joint resolution to
      take any action with respect to any such extension, such joint
      resolution will be considered in the House or Senate, as the case
      may be, under procedures identical to those provided for the
      consideration of resolutions pursuant to section 2159 of this
      title: And additionally provided, That the Commission is
      authorized to (A) make a single finding under this subsection for
      more than a single application or request, where the applications
      or requests involve exports to the same country, in the same
      general time frame, of similar significance for nuclear explosive
      purposes and under reasonably similar circumstances and (B) make
      a finding under this subsection that there is no material changed
      circumstance associated with a new application or request from
      those existing at the time of the last application or request for
      an export to the same country, where the prior application or
      request was approved by the Commission using all applicable
      procedures of this section, and such finding of no material
      changed circumstance shall be deemed to satisfy the requirement
      of this paragraph for findings of the Commission. The decision
      not to make any such finding in lieu of the findings which would
      otherwise be required to be made under this paragraph shall not
      be subject to judicial review: And provided further, That nothing
      contained in this section is intended to require the Commission
      independently to conduct or prohibit the Commission from
      independently conducting country or site specific visitations in
      the Commission's consideration of the application of IAEA
      safeguards.
    (b) Requests to be given timely consideration; Presidential review
      if Commission is unable to make required statutory
      determinations; Commission review
      (1) Timely consideration shall be given by the Commission to
    requests for export licenses and exemptions and such requests shall
    be granted upon a determination that all applicable statutory
    requirements have been met.
      (2) If, after receiving the executive branch judgment that the
    issuance of a proposed export license will not be inimical to the
    common defense and security, the Commission does not issue the
    proposed license on a timely basis because it is unable to make the
    statutory determinations required under this chapter, the
    Commission shall publicly issue its decision to that effect, and
    shall submit the license application to the President. The
    Commission's decision shall include an explanation of the basis for
    the decision and any dissenting or separate views. If, after
    receiving the proposed license application and reviewing the
    Commission's decision, the President determines that withholding
    the proposed export would be seriously prejudicial to the
    achievement of United States non-proliferation objectives, or would
    otherwise jeopardize the common defense and security, the proposed
    export may be authorized by Executive order: Provided, That prior
    to any such export, the President shall submit the Executive order,
    together with his explanation of why, in light of the Commission's
    decision, the export should nonetheless be made, to the Congress
    for a period of sixty days of continuous session (as defined in
    section 2159(g) of this title) and shall be referred to the
    Committee on Foreign Affairs of the House of Representatives and
    the Committee on Foreign Relations of the Senate, but any such
    proposed export shall not occur if during such sixty-day period the
    Congress adopts a concurrent resolution stating in substance that
    it does not favor the proposed export. Any such Executive order
    shall be considered pursuant to the procedures set forth in section
    2159 of this title for the consideration of Presidential
    submissions: And provided further, That the procedures established
    pursuant to subsection (b) of section 2155a of this title shall
    provide that the Commission shall immediately initiate review of
    any application for a license under this section and to the maximum
    extent feasible shall expeditiously process the application
    concurrently with the executive branch review, while awaiting the
    final executive branch judgment. In initiating its review, the
    Commission may identify a set of concerns and requests for
    information associated with the projected issuance of such license
    and shall transmit such concerns and requests to the executive
    branch which shall address such concerns and requests in its
    written communications with the Commission. Such procedures shall
    also provide that if the Commission has not completed action on the
    application within sixty days after the receipt of an executive
    branch judgment that the proposed export or exemption is not
    inimical to the common defense and security or that any export in
    the category to which the proposed export belongs would not be
    inimical to the common defense and security because it lacks
    significance for nuclear explosive purposes, the Commission shall
    inform the applicant in writing of the reason for delay and provide
    follow-up reports as appropriate. If the Commission has not
    completed action by the end of an additional sixty days (a total of
    one hundred and twenty days from receipt of the executive branch
    judgment), the President may authorize the proposed export by
    Executive order, upon a finding that further delay would be
    excessive and upon making the findings required for such
    Presidential authorizations under this subsection, and subject to
    the Congressional review procedures set forth herein. However, if
    the Commission has commenced procedures for public participation
    regarding the proposed export under regulations promulgated
    pursuant to subsection (b) of section 2155a of this title, or -
    within sixty days after receipt of the executive branch judgment on
    the proposed export - the Commission has identified and transmitted
    to the executive branch a set of additional concerns or requests
    for information, the President may not authorize the proposed
    export until sixty days after public proceedings are completed or
    sixty days after a full executive branch response to the
    Commission's additional concerns or requests has been made
    consistent with subsection (a)(1) of this section: Provided
    further, That nothing in this section shall affect the right of the
    Commission to obtain data and recommendations from the Secretary of
    State at any time as provided in subsection (a)(1) of this section.
    (c) Additional export criteria
      In the event that the House of Representatives or the Senate
    passes a joint resolution which would adopt one or more additional
    export criteria, or would modify any existing export criteria under
    this chapter, any such joint resolution shall be referred in the
    other House to the Committee on Foreign Relations of the Senate or
    the Committee on Foreign Affairs of the House of Representatives,
    as the case may be, and shall be considered by the other House
    under applicable procedures provided for the consideration of
    resolutions pursuant to section 2159 of this title.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 126, as added Pub. L. 95-242,
    title III, Sec. 304(a), Mar. 10, 1978, 92 Stat. 131; renumbered
    title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
    106 Stat. 2944; amended Pub. L. 103-437, Sec. 15(f)(5), Nov. 2,
    1994, 108 Stat. 4592; Pub. L. 105-277, div. G, title XII, Sec.
    1225(d)(5), Oct. 21, 1998, 112 Stat. 2681-774.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a)(1). Pub. L. 105-277 substituted "and the
    Nuclear Regulatory Commission," for "the Director of the Arms
    Control and Disarmament Agency, and the Nuclear Regulatory
    Commission".
      1994 - Pub. L. 103-437 substituted "Foreign Affairs" for
    "International Relations" wherever appearing.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC2-
                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
    1999, or date of abolition of the United States Arms Control and
    Disarmament Agency pursuant to reorganization plan described in
    section 6601 of Title 22, Foreign Relations and Intercourse, see
    section 1201 of Pub. L. 105-277, set out as an Effective Date note
    under section 6511 of Title 22.

                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of certain functions from Nuclear Regulatory
    Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45
    F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of
    this title.

                          DELEGATION OF FUNCTIONS                      
      Secretary of State responsible for preparation of timely
    information and recommendations related to the functions vested in
    President by this section, see section 2(d) of Ex. Ord. No. 12058,
    May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title
    22, Foreign Relations and Intercourse.

-MISC3-
                   NUCLEAR EXPORT REPORTING REQUIREMENT               
      Pub. L. 105-261, div. A, title XV, Sec. 1523, Oct. 17, 1998, 112
    Stat. 2180, as amended by Pub. L. 106-113, div. B, Sec. 1000(a)(7)
    [div. B, title XI, Sec. 1135], Nov. 29, 1999, 113 Stat. 1536, 1501A-
    494, provided that:
      "(a) Notification of Congress. - The President shall notify the
    Committee on Foreign Relations of the Senate and the Committee on
    International Relations of the House of Representatives upon the
    granting of a license by the Nuclear Regulatory Commission for the
    export or reexport of any nuclear-related technology or equipment,
    including source material, special nuclear material, or equipment
    or material especially designed or prepared for the processing,
    use, or production of special nuclear material.
      "(b) Applicability. - The requirements of this section shall
    apply only to an export or reexport to a country that - 
        "(1) the President has determined is a country that has
      detonated a nuclear explosive device; and
        "(2) is not a member of the North Atlantic Treaty Organization.
      "(c) Content of Notification. - The notification required
    pursuant to this section shall include - 
        "(1) a detailed description of the articles or services to be
      exported or reexported, including a brief description of the
      capabilities of any article to be exported or reexported;
        "(2) an estimate of the number of officers and employees of the
      United States Government and of United States Government civilian
      contract personnel expected to be required in such country to
      carry out the proposed export or reexport;
        "(3) the name of each licensee expected to provide the article
      or service proposed to be sold and a description from the
      licensee of any offset agreements proposed to be entered into in
      connection with such sale (if known on the date of transmittal of
      such statement);
        "(4) the projected delivery dates of the articles or services
      to be exported or reexported; and
        "(5) the extent to which the recipient country in the previous
      two years has engaged in any of the actions specified in
      subparagraph (A), (B), or (C) of section 129(2) of the Atomic
      Energy Act of 1954 [42 U.S.C. 2158(2)(A), (B), (C)]."
      [Memorandum of President of the United States, July 8, 2004, 69
    F.R. 43725, delegated to Secretary of State the functions conferred
    upon the President by section 1523 of Pub. L. 105-261, set out
    above.]

        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under this chapter, as amended by
    the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
    1978, 92 Stat. 120, not to be delayed pending development of
    procedures even though as many as 120 days [after Mar. 10, 1978]
    are allowed for establishing those procedures, see section 5(b) of
    Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
    section 3201 of Title 22, Foreign Relations and Intercourse.

-EXEC-
      EX. ORD. NO. 12055. EXPORT OF SPECIAL NUCLEAR MATERIAL TO INDIA  
      Ex. Ord. No. 12055, Apr. 27, 1978, 43 F.R. 18157, provided:
      By virtue of the authority vested in me as President by the
    Constitution of the United States of America and by Section 126b(2)
    of the Atomic Energy Act of 1954 (42 U.S.C. 2155), as amended by
    Section 304(a) of the Nuclear Non-Proliferation Act of 1978 (Public
    Law 95-242, 92 Stat. 131) [subsec. (b)(2) of this section], and
    having determined that withholding the export proposed pursuant to
    Nuclear Regulatory Commission export license application XSNM-1060
    would be seriously prejudicial to the achievement of the United
    States non-proliferation objectives, that export to India is
    authorized; however, such export shall not occur for a period of 60
    days as defined by Section 130g of the Atomic Energy Act of 1954,
    as amended [section 2159(g) of this title].
                                                           Jimmy Carter.

                         EXECUTIVE ORDER NO. 12193                     
      Ex. Ord. No. 12193, Feb. 12, 1980, 45 F.R. 9885, which extended
    the period of nuclear cooperation with the European Atomic Energy
    Community to Mar. 10, 1981, was revoked by Ex. Ord. No. 12553, Feb.
    25, 1986, 51 F.R. 7237. See notes below.

      EX. ORD. NO. 12218. EXPORT OF SPECIAL NUCLEAR MATERIAL TO INDIA  
      Ex. Ord. No. 12218, June 19, 1980, 45 F.R. 41625, provided:
      By the authority vested in me as President by the Constitution
    and statutes of the United States of America, including Section
    126b. (2) of the Atomic Energy Act of 1954, as amended (42 U.S.C.
    2155(b)(2)), and having determined that withholding the exports
    proposed pursuant to Nuclear Regulatory Commission export license
    applications XSNM-1379, XSNM-1569, XCOM-0240, XCOM-0250, XCOM-0376,
    XCOM-0381 and XCOM-0395, would be seriously prejudicial to the
    achievement of United States non-proliferation objectives and would
    otherwise jeopardize the common defense and security, those exports
    to India are authorized; however, such exports shall not occur for
    a period of 60 days as defined by Section 130 g. of the Atomic
    Energy Act of 1954, as amended (42 U.S.C. 2159(g)).
                                                           Jimmy Carter.

                         EXECUTIVE ORDER NO. 12295                     
      Ex. Ord. No. 12295, Feb. 24, 1981, 46 F.R. 14113, which extended
    the period of nuclear cooperation with the European Atomic Energy
    Community to Mar. 10, 1982, was revoked by Ex. Ord. No. 12608,
    Sept. 9, 1987, 52 F.R. 34617. See notes below.

                         EXECUTIVE ORDER NO. 12351                     
      Ex. Ord. No. 12351, Mar. 9, 1982, 47 F.R. 10505, which extended
    the period of nuclear cooperation with the European Atomic Energy
    Community to Mar. 10, 1983, was revoked by Ex. Ord. No. 12553, Feb.
    25, 1986, 51 F.R. 7237. See notes below.

                         EXECUTIVE ORDER NO. 12409                     
      Ex. Ord. No. 12409, Mar. 7, 1983, 48 F.R. 9829, which extended
    the period of nuclear cooperation with the European Atomic Energy
    Community to Mar. 10, 1984, was revoked by Ex. Ord. No. 12553, Feb.
    25, 1986, 51 F.R. 7237. See notes below.

                         EXECUTIVE ORDER NO. 12463                     
      Ex. Ord. No. 12463, Feb. 23, 1984, 49 F.R. 7097, which extended
    the period of nuclear cooperation with the European Atomic Energy
    Community to Mar. 10, 1985, was revoked by Ex. Ord. No. 12553, Feb.
    25, 1986, 51 F.R. 7237. See notes below.

                         EXECUTIVE ORDER NO. 12506                     
      Ex. Ord. No. 12506, Mar. 4, 1985, 50 F.R. 8991, extended the
    period of nuclear cooperation with the European Atomic Energy
    Community to Mar. 10, 1986. See notes below.

                         EXECUTIVE ORDER NO. 12554                     
      Ex. Ord. No. 12554, Feb. 28, 1986, 51 F.R. 7423, extended the
    period of nuclear cooperation with the European Atomic Energy
    Community to Mar. 10, 1987. See notes below.

                         EXECUTIVE ORDER NO. 12587                     
      Ex. Ord. No. 12587, Mar. 9, 1987, 52 F.R. 7397, which extended
    the period of nuclear cooperation with the European Atomic Energy
    Community to Mar. 10, 1988, was superseded by Ex. Ord. No. 12629,
    Mar. 9, 1988, 53 F.R. 7875. See notes below.

                         EXECUTIVE ORDER NO. 12629                     
      Ex. Ord. No. 12629, Mar. 9, 1988, 53 F.R. 7875, extended the
    period of nuclear cooperation with the European Atomic Energy
    Community to Mar. 10, 1989. See notes below.

                         EXECUTIVE ORDER NO. 12670                     
      Ex. Ord. No. 12670, Mar. 9, 1989, 54 F.R. 10267, which extended
    the period of nuclear cooperation with the European Atomic Energy
    Community to Mar. 10, 1990, was superseded by Ex. Ord. No. 12706,
    Mar. 9, 1990, 55 F.R. 9313. See notes below.

                         EXECUTIVE ORDER NO. 12706                     
      Ex. Ord. No. 12706, Mar. 9, 1990, 55 F.R. 9313, which extended
    the period of nuclear cooperation with the European Atomic Energy
    Community to Mar. 10, 1991, was superseded by Ex. Ord. No. 12753,
    Mar. 8, 1991, 56 F.R. 10501. See notes below.

                         EXECUTIVE ORDER NO. 12753                     
      Ex. Ord. No. 12753, Mar. 8, 1991, 56 F.R. 10501, which extended
    the period of nuclear cooperation with the European Atomic Energy
    Community to Mar. 10, 1992, was superseded by Ex. Ord. No. 12791,
    Mar. 9, 1992, 57 F.R. 8717. See notes below.

                         EXECUTIVE ORDER NO. 12791                     
      Ex. Ord. No. 12791, Mar. 9, 1992, 57 F.R. 8717, which extended
    the period of nuclear cooperation with the European Atomic Energy
    Community to Mar. 10, 1993, was superseded by Ex. Ord. No. 12840,
    Mar. 9, 1993, 58 F.R. 13401. See notes below.

                         EXECUTIVE ORDER NO. 12840                     
      Ex. Ord. No. 12840, Mar. 9, 1993, 58 F.R. 13401, which extended
    the period of nuclear cooperation with the European Atomic Energy
    Community to Mar. 10, 1994, was superseded by Ex. Ord. No. 12903,
    Mar. 9, 1994, 59 F.R. 11473. See notes below.

                         EXECUTIVE ORDER NO. 12903                     
      Ex. Ord. No. 12903, Mar. 9, 1994, 59 F.R. 11473, which extended
    the period of nuclear cooperation with the European Atomic Energy
    Community to Mar. 10, 1995, was superseded by Ex. Ord. No. 12955,
    Mar. 9, 1995, 60 F.R. 13365. See note below.

    EX. ORD. NO. 12955. NUCLEAR COOPERATION WITH EUROPEAN ATOMIC ENERGY
                                 COMMUNITY
      Ex. Ord. No. 12955, Mar. 9, 1995, 60 F.R. 13365, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section
    126a(2) of the Atomic Energy Act of 1954, as amended (42 U.S.C.
    2155(a)(2)), and having determined that, upon the expiration of the
    period specified in the first proviso to section 126a(2) of such
    Act and extended for 12-month periods by Executive Order Nos.
    12193, 12295, 12351, 12409, 12463, 12506, 12554, 12587, 12629,
    12670, 12706, 12753, 12791, 12840, and 12903 [see notes above],
    failure to continue peaceful nuclear cooperation with the European
    Atomic Energy Community would be seriously prejudicial to the
    achievement of United States nonproliferation objectives and would
    otherwise jeopardize the common defense and security of the United
    States, and having notified the Congress of this determination, I
    hereby extend the duration of that period to December 31, 1995.
    Executive Order No. 12903 shall be superseded on the effective date
    of this Executive order.
                                                     William J. Clinton.

-TRANS-
    DELEGATION OF FUNCTIONS REGARDING DETERMINATION OF TIME, TERMS AND
                       CONDITIONS OF NUCLEAR EXPORTS
      Memorandum of the President of the United States, dated Oct. 3,
    1980, provided:
      By the authority vested in me by Title 3, United States Code,
    Section 301, you are hereby authorized to perform the following
    functions on my behalf:
      1. Determination of the time, terms and conditions of exports
    made pursuant to any Executive Order heretofore or hereafter issued
    under Section 126(b)(2) of the Atomic Energy Act of 1954, as
    amended (42 U.S.C. Sec. 2155(b)(2)).
      2. Issuance of such rules, regulations and procedures as you may
    from time to time deem necessary or desirable for the exercise of
    functions delegated by paragraph 1.
      This memorandum shall be published in the Federal Register.
                                                           Jimmy Carter.

-FOOTNOTE-
    (!1) So in original. Probably should be "can".

-End-

-CITE-
    42 USC Sec. 2155a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2155a. Regulations establishing Commission procedures covering
      grant, suspension, revocation, or amendment of nuclear export
      licenses or exemptions

-STATUTE-
      (a) Omitted
      (b) Within one hundred and twenty days of March 10, 1978, the
    Commission shall, after consultations with the Secretary of State,
    promulgate regulations establishing procedures (1) for the
    granting, suspending, revoking, or amending of any nuclear export
    license or exemption pursuant to its statutory authority; (2) for
    public participation in nuclear export licensing proceedings when
    the Commission finds that such participation will be in the public
    interest and will assist the Commission in making the statutory
    determinations required by this chapter, including such public
    hearings and access to information as the Commission deems
    appropriate: Provided, That judicial review as to any such finding
    shall be limited to the determination of whether such finding was
    arbitrary and capricious; (3) for a public written Commission
    opinion accompanied by the dissenting or separate views of any
    Commissioner, in those proceedings where one or more Commissioners
    have dissenting or separate views on the issuance of an export
    license; and (4) for public notice of Commission proceedings and
    decisions, and for recording of minutes and votes of the
    Commission: Provided further, That until the regulations required
    by this subsection have been promulgated, the Commission shall
    implement the provisions of this Act under temporary procedures
    established by the Commission.
      (c) The procedures to be established pursuant to subsection (b)
    of this section shall constitute the exclusive basis for hearings
    in nuclear export licensing proceedings before the Commission and,
    notwithstanding section 2239(a) of this title, shall not require
    the Commission to grant any person an on-the-record hearing in such
    a proceeding.

-SOURCE-
    (Pub. L. 95-242, title III, Sec. 304(b), (c), Mar. 10, 1978, 92
    Stat. 135.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Commission, referred to in text, is defined as meaning the
    Nuclear Regulatory Commission by section 4(a)(1) of the Nuclear Non-
    Proliferation Act of 1978, Pub. L. 95-242, which is classified to
    section 3203(a)(1) of Title 22, Foreign Relations and Intercourse.
      This Act, referred to in subsec. (b), means the Nuclear Non-
    Proliferation Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat.
    120, which is classified principally to chapter 47 (Sec. 3201 et
    seq.) of Title 22. For complete classification of this Act to the
    Code, see Short Title note set out under section 3201 of Title 22
    and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Nuclear Non-Proliferation Act
    of 1978, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.
      Section is based on subsecs. (b) and (c) of Pub. L. 95-242.
    Subsecs. (a) and (d) of Pub. L. 95-242 enacted sections 2155 and
    2156a, respectively, of this title.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under the Nuclear Non-Proliferation
    Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, not to be
    delayed pending development of procedures even though as many as
    120 days [after Mar. 10, 1978] are allowed for establishing those
    procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978,
    43 F.R. 20947, set out under section 3201 of Title 22, Foreign
    Relations and Intercourse.

-End-

-CITE-
    42 USC Sec. 2156                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2156. Criteria governing United States nuclear exports

-STATUTE-
      The United States adopts the following criteria which, in
    addition to other requirements of law, will govern exports for
    peaceful nuclear uses from the United States of source material,
    special nuclear material, production or utilization facilities, and
    any sensitive nuclear technology:
        (1) IAEA safeguards as required by Article III(2) of the Treaty
      will be applied with respect to any such material or facilities
      proposed to be exported, to any such material or facilities
      previously exported and subject to the applicable agreement for
      cooperation, and to any special nuclear material used in or
      produced through the use thereof.
        (2) No such material, facilities, or sensitive nuclear
      technology proposed to be exported or previously exported and
      subject to the applicable agreement for cooperation, and no
      special nuclear material produced through the use of such
      materials, facilities, or sensitive nuclear technology, will be
      used for any nuclear explosive device or for research on or
      development of any nuclear explosive device.
        (3) Adequate physical security measures will be maintained with
      respect to such material or facilities proposed to be exported
      and to any special nuclear material used in or produced through
      the use thereof. Following the effective date of any regulations
      promulgated by the Commission pursuant to section 2156a of this
      title, physical security measures shall be deemed adequate if
      such measures provide a level of protection equivalent to that
      required by the applicable regulations.
        (4) No such materials, facilities, or sensitive nuclear
      technology proposed to be exported, and no special nuclear
      material produced through the use of such material, will be
      retransferred to the jurisdiction of any other nation or group of
      nations unless the prior approval of the United States is
      obtained for such retransfer. In addition to other requirements
      of law, the United States may approve such retransfer only if the
      nation or group of nations designated to receive such retransfer
      agrees that it shall be subject to the conditions required by
      this section.
        (5) No such material proposed to be exported and no special
      nuclear material produced through the use of such material will
      be reprocessed, and no irradiated fuel elements containing such
      material removed from a reactor shall be altered in form or
      content, unless the prior approval of the United States is
      obtained for such reprocessing or alteration.
        (6) No such sensitive nuclear technology shall be exported
      unless the foregoing conditions shall be applied to any nuclear
      material or equipment which is produced or constructed under the
      jurisdiction of the recipient nation or group of nations by or
      through the use of any such exported sensitive nuclear
      technology.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 127, as added Pub. L. 95-242,
    title III, Sec. 305, Mar. 10, 1978, 92 Stat. 136; renumbered title
    I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106
    Stat. 2944.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-MISC2-
        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under this chapter, as amended by
    the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
    1978, 92 Stat. 120, not to be delayed pending development of
    procedures even though as many as 120 days [after Mar. 10, 1978]
    are allowed for establishing those procedures, see section 5(b) of
    Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
    section 3201 of Title 22, Foreign Relations and Intercourse.

-End-

-CITE-
    42 USC Sec. 2156a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2156a. Regulations establishing levels of physical security to
      protect facilities and material

-STATUTE-
      Within sixty days of March 10, 1978, the Commission shall, in
    consultation with the Secretary of State, the Secretary of Energy,
    and the Secretary of Defense, promulgate (and may from time to time
    amend) regulations establishing the levels of physical security
    which in its judgement are no less strict than those established by
    any international guidelines to which the United States subscribes
    and which in its judgment will provide adequate protection for
    facilities and material referred to in paragraph (3) of section
    2156 of this title taking into consideration variations in risks to
    security as appropriate.

-SOURCE-
    (Pub. L. 95-242, title III, Sec. 304(d), Mar. 10, 1978, 92 Stat.
    135; Pub. L. 105-277, div. G, title XII, Sec. 1225(e)(3), Oct. 21,
    1998, 112 Stat. 2681-775.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Commission, referred to in text, is defined as meaning the
    Nuclear Regulatory Commission by section 4(a)(1) of the Nuclear Non-
    Proliferation Act of 1978, Pub. L. 95-242, which is classified to
    section 3203(a)(1) of Title 22, Foreign Relations and Intercourse.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Nuclear Non-Proliferation Act
    of 1978, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-277 substituted "and the Secretary of
    Defense," for "the Secretary of Defense, and the Director,".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
    1999, or date of abolition of the United States Arms Control and
    Disarmament Agency pursuant to reorganization plan described in
    section 6601 of Title 22, Foreign Relations and Intercourse, see
    section 1201 of Pub. L. 105-277, set out as an Effective Date note
    under section 6511 of Title 22.

                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under the Nuclear Non-Proliferation
    Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, not to be
    delayed pending development of procedures even though as many as
    120 days [after Mar. 10, 1978] are allowed for establishing those
    procedures, see section 5(b) of Ex. Ord. No. 12058, May 11, 1978,
    43 F.R. 20947, set out under section 3201 of Title 22, Foreign
    Relations and Intercourse.

-End-

-CITE-
    42 USC Sec. 2157                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2157. Additional export criterion and procedures

-STATUTE-
      (a)(1) As a condition of continued United States export of source
    material, special nuclear material, production or utilization
    facilities, and any sensitive nuclear technology to non-nuclear-
    weapon states, no such export shall be made unless IAEA safeguards
    are maintained with respect to all peaceful nuclear activities in,
    under the jurisdiction of, or carried out under the control of such
    state at the time of the export.
      (2) The President shall seek to achieve adherence to the
    foregoing criterion by recipient non-nuclear-weapon states.
      (b) The criterion set forth in subsection (a) of this section
    shall be applied as an export criterion with respect to any
    application for the export of materials, facilities, or technology
    specified in subsection (a) of this section which is filed after
    eighteen months from March 10, 1978, or for any such application
    under which the first export would occur at least twenty-four
    months after March 10, 1978, except as provided in the following
    paragraphs:
        (1) If the Commission or the Department of Energy, as the case
      may be, is notified that the President has determined that
      failure to approve an export to which this subsection applies
      because such criterion has not yet been met would be seriously
      prejudicial to the achievement of United States non-proliferation
      objectives or otherwise jeopardize the common defense and
      security, the license or authorization may be issued subject to
      other applicable requirements of the law: Provided, That no such
      export of any production or utilization facility or of any source
      or special nuclear material (intended for use as fuel in any
      production or utilization facility) which has been licensed or
      authorized pursuant to this subsection shall be made to any non-
      nuclear-weapon state which has failed to meet such criterion
      until the first such license or authorization with respect to
      such state is submitted to the Congress (together with a detailed
      assessment of the reasons underlying the President's
      determination, the judgment of the executive branch required
      under section 2155 of this title, and any Commission opinion and
      views) for a period of sixty days of continuous session (as
      defined in section 2159(g) of this title) and referred to the
      Committee on Foreign Affairs of the House of Representatives and
      the Committee on Foreign Relations of the Senate, but such export
      shall not occur if during such sixty-day period the Congress
      adopts a concurrent resolution stating in substance that the
      Congress does not favor the proposed export. Any such license or
      authorization shall be considered pursuant to the procedures set
      forth in section 2159 of this title for the consideration of
      Presidential submissions.
        (2) If the Congress adopts a resolution of disapproval pursuant
      to paragraph (1), no further export of materials, facilities, or
      technology specified in subsection (a) of this section shall be
      permitted for the remainder of that Congress, unless such state
      meets the criterion or the President notifies the Congress that
      he has determined that significant progress has been made in
      achieving adherence to such criterion by such state or that
      United States foreign policy interests dictate reconsideration
      and the Congress, pursuant to the procedure of paragraph (1),
      does not adopt a concurrent resolution stating in substance that
      it disagrees with the President's determination.
        (3) If the Congress does not adopt a resolution of disapproval
      with respect to a license or authorization submitted pursuant to
      paragraph (1), the criterion set forth in subsection (a) of this
      section shall not be applied as an export criterion with respect
      to exports of materials, facilities and technology specified in
      subsection (a) of this section to that state: Provided, That the
      first license or authorization with respect to that state which
      is issued pursuant to this paragraph after twelve months from the
      elapse of the sixty-day period specified in paragraph (1), and
      the first such license or authorization which is issued after
      each twelve-month period thereafter, shall be submitted to the
      Congress for review pursuant to the procedures specified in
      paragraph (1): Provided further, That if the Congress adopts a
      resolution of disapproval during any review period provided for
      by this paragraph, the provisions of paragraph (2) shall apply
      with respect to further exports to such state.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 128, as added Pub. L. 95-242,
    title III, Sec. 306, Mar. 10, 1978, 92 Stat. 137; renumbered title
    I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106
    Stat. 2944; amended Pub. L. 103-437, Sec. 15(f)(5), Nov. 2, 1994,
    108 Stat. 4592.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b)(1). Pub. L. 103-437 substituted "Foreign
    Affairs" for "International Relations".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC2-
                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

                          DELEGATION OF FUNCTIONS                      
      Secretary of State responsible for performing function vested in
    President under subsec. (a)(2) of this section and responsible for
    preparation of timely information and recommendations related to
    functions vested in President under subsec. (b) of this section,
    see section 2(b), (d) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R.
    20947, set out under section 3201 of Title 22, Foreign Relations
    and Intercourse.

-MISC3-
        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under this chapter, as amended by
    the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
    1978, 92 Stat. 120, not to be delayed pending development of
    procedures even though as many as 120 days [after Mar. 10, 1978]
    are allowed for establishing those procedures, see section 5(b) of
    Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
    section 3201 of Title 22, Foreign Relations and Intercourse.

-End-

-CITE-
    42 USC Sec. 2158                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2158. Conduct resulting in termination of nuclear exports

-STATUTE-
      (a) No nuclear materials and equipment or sensitive nuclear
    technology shall be exported to - 
        (1) any non-nuclear-weapon state that is found by the President
      to have, at any time after March 10, 1978,
          (A) detonated a nuclear explosive device; or
          (B) terminated or abrogated IAEA safeguards; or
          (C) materially violated an IAEA safeguards agreement; or
          (D) engaged in activities involving source or special nuclear
        material and having direct significance for the manufacture or
        acquisition of nuclear explosive devices, and has failed to
        take steps which, in the President's judgment, represent
        sufficient progress toward terminating such activities; or

        (2) any nation or group of nations that is found by the
      President to have, at any time after March 10, 1978,
          (A) materially violated an agreement for cooperation with the
        United States, or, with respect to material or equipment not
        supplied under an agreement for cooperation, materially
        violated the terms under which such material or equipment was
        supplied or the terms of any commitments obtained with respect
        thereto pursuant to section 2153a(a) of this title; or
          (B) assisted, encouraged, or induced any non-nuclear-weapon
        state to engage in activities involving source or special
        nuclear material and having direct significance for the
        manufacture or acquisition of nuclear explosive devices, and
        has failed to take steps which, in the President's judgment,
        represent sufficient progress toward terminating such
        assistance, encouragement, or inducement; or
          (C) entered into an agreement after March 10, 1978, for the
        transfer of reprocessing equipment, materials, or technology to
        the sovereign control of a non-nuclear-weapon state except in
        connection with an international fuel cycle evaluation in which
        the United States is a participant or pursuant to a subsequent
        international agreement or understanding to which the United
        States subscribes;

    unless the President determines that cessation of such exports
    would be seriously prejudicial to the achievement of United States
    non-proliferation objectives or otherwise jeopardize the common
    defense and security: Provided, That prior to the effective date of
    any such determination, the President's determination, together
    with a report containing the reasons for his determination, shall
    be submitted to the Congress and referred to the Committee on
    Foreign Affairs of the House of Representatives and the Committee
    on Foreign Relations of the Senate for a period of sixty days of
    continuous session (as defined in section 2159(g) of this title),
    but any such determination shall not become effective if during
    such sixty-day period the Congress adopts a concurrent resolution
    stating in substance that it does not favor the determination. Any
    such determination shall be considered pursuant to the procedures
    set forth in section 2159 of this title for the consideration of
    Presidential submissions.
      (b)(1) Notwithstanding any other provision of law, including
    specifically section 2151 of this title, and except as provided in
    paragraphs (2) and (3), no nuclear materials and equipment or
    sensitive nuclear technology, including items and assistance
    authorized by section 2077(b) of this title and regulated under
    part 810 of title 10, Code of Federal Regulations, and nuclear-
    related items on the Commerce Control List maintained under part
    774 of title 15 of the Code of Federal Regulations, shall be
    exported or reexported, or transferred or retransferred whether
    directly or indirectly, and no Federal agency shall issue any
    license, approval, or authorization for the export or reexport, or
    transfer, or retransfer, whether directly or indirectly, of these
    items or assistance (as defined in this paragraph) to any country
    whose government has been identified by the Secretary of State as
    engaged in state sponsorship of terrorist activities (specifically
    including any country the government of which has been determined
    by the Secretary of State under section 2371(a) of title 22,
    section 2405(j)(1) of title 50, Appendix, or section 2780(d) of
    title 22 to have repeatedly provided support for acts of
    international terrorism).
      (2) This subsection shall not apply to exports, reexports,
    transfers, or retransfers of radiation monitoring technologies,
    surveillance equipment, seals, cameras, tamper-indication devices,
    nuclear detectors, monitoring systems, or equipment necessary to
    safely store, transport, or remove hazardous materials, whether
    such items, services, or information are regulated by the
    Department of Energy, the Department of Commerce, or the
    Commission, except to the extent that such technologies, equipment,
    seals, cameras, devices, detectors, or systems are available for
    use in the design or construction of nuclear reactors or nuclear
    weapons.
      (3) The President may waive the application of paragraph (1) to a
    country if the President determines and certifies to Congress that
    the waiver will not result in any increased risk that the country
    receiving the waiver will acquire nuclear weapons, nuclear
    reactors, or any materials or components of nuclear weapons and - 
        (A) the government of such country has not within the preceding
      12-month period willfully aided or abetted the international
      proliferation of nuclear explosive devices to individuals or
      groups or willfully aided and abetted an individual or groups in
      acquiring unsafeguarded nuclear materials;
        (B) in the judgment of the President, the government of such
      country has provided adequate, verifiable assurances that it will
      cease its support for acts of international terrorism;
        (C) the waiver of that paragraph is in the vital national
      security interest of the United States; or
        (D) such a waiver is essential to prevent or respond to a
      serious radiological hazard in the country receiving the waiver
      that may or does threaten public health and safety.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 129, as added Pub. L. 95-242,
    title III, Sec. 307, Mar. 10, 1978, 92 Stat. 138; renumbered title
    I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106
    Stat. 2944; amended Pub. L. 103-437, Sec. 15(f)(5), Nov. 2, 1994,
    108 Stat. 4592; Pub. L. 109-58, title VI, Sec. 632(a), Aug. 8,
    2005, 119 Stat. 788.)

-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1994 - Pub. L. 103-437 substituted "Foreign Affairs" for
    "International Relations" in closing provisions.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC2-
                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-58, title VI, Sec. 632(b), Aug. 8, 2005, 119 Stat.
    789, provided that: "Subsection b. of section 129 of Atomic Energy
    Act of 1954 [42 U.S.C. 2158(b)], as added by subsection (a) of this
    section, shall apply with respect to exports that have been
    approved for transfer as of the date of the enactment of this Act
    [Aug. 8, 2005] but have not yet been transferred as of that date."

                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Secretary of State responsible for preparation of timely
    information and recommendations related to functions vested in
    President by this section, see section 2(d) of Ex. Ord. No. 12058,
    May 11, 1978, 43 F.R. 20947, set out under section 3201 of Title
    22, Foreign Relations and Intercourse.

-MISC3-
        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under this chapter, as amended by
    the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
    1978, 92 Stat. 120, not to be delayed pending development of
    procedures even though as many as 120 days [after Mar. 10, 1978]
    are allowed for establishing those procedures, see section 5(b) of
    Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
    section 3201 of Title 22, Foreign Relations and Intercourse.

-End-

-CITE-
    42 USC Sec. 2159                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2159. Congressional review procedures

-STATUTE-
    (a) Committee consideration of Presidential submissions; reports
      Not later than forty-five days of continuous session of Congress
    after the date of transmittal to the Congress of any submission of
    the President required by section 2155(a)(2), 2155(b)(2), 2157(b),
    2158, 2160(a)(3), or 2160(f)(1)(A) of this title, the Committee on
    Foreign Relations of the Senate and the Committee on Foreign
    Affairs of the House of Representatives shall each submit a report
    to its respective House on its views and recommendations respecting
    such Presidential submission together with a resolution, as defined
    in subsection (f) of this section, stating in substance that the
    Congress approves or disapproves such submission, as the case may
    be: Provided, That if any such committee has not reported such a
    resolution at the end of such forty-five day period, such committee
    shall be deemed to be discharged from further consideration of such
    submission. If no such resolution has been reported at the end of
    such period, the first resolution, as defined in subsection (f) of
    this section, which is introduced within five days thereafter
    within such House shall be placed on the appropriate calendar of
    such House.
    (b) Consideration of resolution by respective Houses of Congress
      When the relevant committee or committees have reported such a
    resolution (or have been discharged from further consideration of
    such a resolution pursuant to subsection (a) of this section) or
    when a resolution has been introduced and placed on the appropriate
    calendar pursuant to subsection (a) of this section, as the case
    may be, it is at any time thereafter in order (even though a
    previous motion to the same effect has been disagreed to) for any
    Member of the respective House to move to proceed to the
    consideration of the resolution. The motion is highly privileged
    and is not debatable. The motion shall not be subject to amendment,
    or to a motion to postpone, or to a motion to proceed to the
    consideration of other business. A motion to reconsider the vote by
    which the motion is agreed to or disagreed to shall not be in
    order. If a motion to proceed to the consideration of the
    resolution is agreed to, the resolution shall remain the unfinished
    business of the respective House until disposed of.
    (c) Debate
      Debate on the resolution, and on all debatable motions and
    appeals in connection therewith, shall be limited to not more than
    ten hours, which shall be divided equally between individuals
    favoring and individuals opposing the resolution. A motion further
    to limit debate is in order and not debatable. An amendment to a
    motion to postpone, or a motion to recommit the resolution, or a
    motion to proceed to the consideration of other business is not in
    order. A motion to reconsider the vote by which the resolution is
    agreed to or disagreed to shall not be in order. No amendment to
    any concurrent resolution pursuant to the procedures of this
    section is in order except as provided in subsection (d) of this
    section.
    (d) Vote on final approval
      Immediately following (1) the conclusion of the debate on such
    concurrent resolution, (2) a single quorum call at the conclusion
    of debate if requested in accordance with the rules of the
    appropriate House, and (3) the consideration of an amendment
    introduced by the Majority Leader or his designee to insert the
    phrase, "does not" in lieu of the word "does" if the resolution
    under consideration is a concurrent resolution of approval, the
    vote on final approval of the resolution shall occur.
    (e) Appeals from decisions of Chair
      Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of
    Representatives, as the case may be, to the procedure relating to
    such a resolution shall be decided without debate.
    (f) Resolution
      For the purposes of subsections (a) through (e) of this section,
    the term "resolution" means a concurrent resolution of the
    Congress, the matter after the resolving clause of which is as
    follows: "That the Congress (does or does not) favor the       
    transmitted to the Congress by the President on    ,        .", the
    blank spaces therein to be appropriately filled, and the
    affirmative or negative phrase within the parenthetical to be
    appropriately selected.
    (g) Continuity of Congressional sessions; computation of time
      (1) Except as provided in paragraph (2), for the purposes of this
    section - 
        (A) continuity of session is broken only by an adjournment of
      Congress sine die; and
        (B) the days on which either House is not in session because of
      an adjournment of more than three days to a day certain are
      excluded in the computation of any period of time in which
      Congress is in continuous session.

      (2) For purposes of this section insofar as it applies to section
    2153 of this title - 
        (A) continuity of session is broken only by an adjournment of
      Congress sine die at the end of a Congress; and
        (B) the days on which either House is not in session because of
      an adjournment of more than three days are excluded in the
      computation of any period of time in which Congress is in
      continuous session.
    (h) Supersedure or change in rules
      This section is enacted by Congress - 
        (1) as an exercise of the rulemaking power of the Senate and
      the House of Representatives, respectively, and as such they are
      deemed a part of the rules of each House, respectively, but
      applicable only with respect to the procedure to be followed in
      that House in the case of resolutions described by subsection (f)
      of this section; and they supersede other rules only to the
      extent that they are inconsistent therewith; and
        (2) with full recognition of the constitutional right of either
      House to change the rules (so far as relating to the procedure of
      that House) at any time, in the same manner and to the same
      extent as in the case of any other rule of that House.
    (i) Joint resolutions
      (1) For the purposes of this subsection, the term "joint
    resolution" means a joint resolution, the matter after the
    resolving clause of which is as follows: "That the Congress (does
    or does not) favor the proposed agreement for cooperation
    transmitted to the Congress by the President on       .", with the
    date of the transmission of the proposed agreement for cooperation
    inserted in the blank, and the affirmative or negative phrase
    within the parenthetical appropriately selected.
      (2) On the day on which a proposed agreement for cooperation is
    submitted to the House of Representatives and the Senate under
    section 2153(d) of this title, a joint resolution with respect to
    such agreement for cooperation shall be introduced (by request) in
    the House by the chairman of the Committee on Foreign Affairs, for
    himself and the ranking minority member of the Committee, or by
    Members of the House designated by the chairman and ranking
    minority member; and shall be introduced (by request) in the Senate
    by the majority leader of the Senate, for himself and the minority
    leader of the Senate, or by Members of the Senate designated by the
    majority leader and minority leader of the Senate. If either House
    is not in session on the day on which such an agreement for
    cooperation is submitted, the joint resolution shall be introduced
    in that House, as provided in the preceding sentence, on the first
    day thereafter on which that House is in session.
      (3) All joint resolutions introduced in the House of
    Representatives shall be referred to the appropriate committee or
    committees, and all joint resolutions introduced in the Senate
    shall be referred to the Committee on Foreign Relations and in
    addition, in the case of a proposed agreement for cooperation
    arranged pursuant to section 2121(c), 2164(b), or 2164(c) of this
    title, the Committee on Armed Services.
      (4) If the committee of either House to which a joint resolution
    has been referred has not reported it at the end of 45 days after
    its introduction, the committee shall be discharged from further
    consideration of the joint resolution or of any other joint
    resolution introduced with respect to the same matter; except that,
    in the case of a joint resolution which has been referred to more
    than one committee, if before the end of that 45-day period one
    such committee has reported the joint resolution, any other
    committee to which the joint resolution was referred shall be
    discharged from further consideration of the joint resolution or of
    any other joint resolution introduced with respect to the same
    matter.
      (5) A joint resolution under this subsection shall be considered
    in the Senate in accordance with the provisions of section
    601(b)(4) of the International Security Assistance and Arms Export
    Control Act of 1976. For the purpose of expediting the
    consideration and passage of joint resolutions reported or
    discharged pursuant to the provisions of this subsection, it shall
    be in order for the Committee on Rules of the House of
    Representatives to present for consideration a resolution of the
    House of Representatives providing procedures for the immediate
    consideration of a joint resolution under this subsection which may
    be similar, if applicable, to the procedures set forth in section
    601(b)(4) of the International Security Assistance and Arms Export
    Control Act of 1976.
      (6) In the case of a joint resolution described in paragraph (1),
    if prior to the passage by one House of a joint resolution of that
    House, that House receives a joint resolution with respect to the
    same matter from the other House, then - 
        (A) the procedure in that House shall be the same as if no
      joint resolution had been received from the other House; but
        (B) the vote on final passage shall be on the joint resolution
      of the other House.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 130, as added Pub. L. 95-242,
    title III, Sec. 308, Mar. 10, 1978, 92 Stat. 139; amended Pub. L.
    99-64, title III, Sec. 301(c), July 12, 1985, 99 Stat. 160;
    renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.
    24, 1992, 106 Stat. 2944; Pub. L. 103-437, Sec. 15(f)(5), Nov. 2,
    1994, 108 Stat. 4592.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 601(b)(4) of the International Security Assistance and
    Arms Export Control Act of 1976, referred to in subsec. (i)(5), is
    section 601(b)(4) of Pub. L. 94-329, June 30, 1976, 90 Stat. 729,
    which made provision for expedited procedures in the Senate, and is
    not classified to the Code.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsecs. (a), (i)(2). Pub. L. 103-437 substituted "Foreign
    Affairs" for "International Relations".
      1985 - Subsec. (a). Pub. L. 99-64, Sec. 301(c)(1), struck out
    "2153(d)," after "submission of the President required by section",
    struck out ", and in addition, in the case of a proposed agreement
    for cooperation arranged pursuant to section 2121(c), 2164(b), or
    2164(c) of this title, the Committee on Armed Services of the House
    of Representatives and the Committee on Armed Services of the
    Senate," after "Committee on Foreign Affairs of the House of
    Representatives", and struck out in proviso "and if, in the case of
    a proposed agreement for cooperation arranged pursuant to section
    2121(c), 2164(b), or 2164(c) of this title, the other relevant
    committee of that House has reported such a resolution, such
    committee shall be deemed discharged from further consideration of
    that resolution" after "consideration of such submission".
      Subsec. (g). Pub. L. 99-64, Sec. 301(c)(2), designated existing
    provisions of subsec. (g) as par. (1), substituted "Except as
    provided in paragraph (2), for" for "For", redesignated former
    pars. (1) and (2) as subpars. (A) and (B), respectively, and added
    par. (2).
      Subsec. (i). Pub. L. 99-64, Sec. 301(c)(2)(B), added subsec. (i).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC2-
                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-64 applicable to any agreement for
    cooperation entered into after July 12, 1985, see section 301(d) of
    Pub. L. 99-64, set out as a note under section 2153 of this title.

                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

-End-

-CITE-
    42 USC Sec. 2160                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2160. Subsequent arrangements

-STATUTE-
    (a) Consultation and concurrence; negotiations of a policy nature;
      notice of proposed subsequent arrangements; Nuclear Proliferation
      Assessment Statement; reprocessing of material
      (1) Prior to entering into any proposed subsequent arrangement
    under an agreement for cooperation (other than an agreement for
    cooperation arranged pursuant to section 2121(c), 2164(b), or
    2164(c) of this title), the Secretary of Energy shall obtain the
    concurrence of the Secretary of State and shall consult with the
    Commission, and the Secretary of Defense: Provided, That the
    Secretary of State shall have the leading role in any negotiations
    of a policy nature pertaining to any proposed subsequent
    arrangement regarding arrangements for the storage or disposition
    of irradiated fuel elements or approvals for the transfer, for
    which prior approval is required under an agreement for
    cooperation, by a recipient of source or special nuclear material,
    production or utilization facilities, or nuclear technology. Notice
    of any proposed subsequent arrangement shall be published in the
    Federal Register, together with the written determination of the
    Secretary of Energy that such arrangement will not be inimical to
    the common defense and security, and such proposed subsequent
    arrangement shall not take effect before fifteen days after
    publication. Whenever the Secretary of State is required to prepare
    a Nuclear Proliferation Assessment Statement pursuant to paragraph
    (2) of this subsection, notice of the proposed subsequent
    arrangement which is the subject of the requirement to prepare a
    Nuclear Proliferation Assessment Statement shall not be published
    until after the receipt by the Secretary of Energy of such
    Statement or the expiration of the time authorized by subsection
    (c) of this section for the preparation of such Statement,
    whichever occurs first.
      (2) If in the view of the Secretary of State, Secretary of
    Energy, Secretary of Defense, or the Commission a proposed
    subsequent arrangement might significantly contribute to
    proliferation, the Secretary of State, in consultation with such
    Secretary or the Commission, shall prepare an unclassified Nuclear
    Proliferation Assessment Statement with regard to such proposed
    subsequent arrangement regarding the adequacy of the safeguards and
    other control mechanisms and the application of the peaceful use
    assurances of the relevant agreement to ensure that assistance to
    be furnished pursuant to the subsequent arrangement will not be
    used to further any military or nuclear explosive purpose. For the
    purposes of this section, the term "subsequent arrangements" means
    arrangements entered into by any agency or department of the United
    States Government with respect to cooperation with any nation or
    group of nations (but not purely private or domestic arrangements)
    involving - 
        (A) contracts for the furnishing of nuclear materials and
      equipment;
        (B) approvals for the transfer, for which prior approval is
      required under an agreement for cooperation, by a recipient of
      any source or special nuclear material, production or utilization
      facility, or nuclear technology;
        (C) authorization for the distribution of nuclear materials and
      equipment pursuant to this chapter which is not subject to the
      procedures set forth in section 2141(b), section 2155, or section
      2139(b) of this title;
        (D) arrangements for physical security;
        (E) arrangements for the storage or disposition of irradiated
      fuel elements;
        (F) arrangements for the application of safeguards with respect
      to nuclear materials and equipment; or
        (G) any other arrangement which the President finds to be
      important from the standpoint of preventing proliferation.

      (3) The United States will give timely consideration to all
    requests for prior approval, when required by this chapter, for the
    reprocessing of material proposed to be exported, previously
    exported and subject to the applicable agreement for cooperation,
    or special nuclear material produced through the use of such
    material or a production or utilization facility transferred
    pursuant to such agreement for cooperation, or to the altering of
    irradiated fuel elements containing such material, and
    additionally, to the maximum extent feasible, will attempt to
    expedite such consideration when the terms and conditions for such
    actions are set forth in such agreement for cooperation or in some
    other international agreement executed by the United States and
    subject to congressional review procedures comparable to those set
    forth in section 2153 of this title.
      (4) All other statutory requirements under other sections of this
    chapter for the approval or conduct of any arrangement subject to
    this subsection shall continue to apply and any other such
    requirements for prior approval or conditions for entering such
    arrangements shall also be satisfied before the arrangement takes
    effect pursuant to paragraph (1).
    (b) Reports to Congressional committees; increase in risk of
      proliferation
      With regard to any special nuclear material exported by the
    United States or produced through the use of any nuclear materials
    and equipment or sensitive nuclear technology exported by the
    United States - 
        (1) the Secretary of Energy may not enter into any subsequent
      arrangement for the retransfer of any such material to a third
      country for reprocessing, for the reprocessing of any such
      material, or for the subsequent retransfer of any plutonium in
      quantities greater than 500 grams resulting from the reprocessing
      of any such material, until he has provided the Committee on
      Foreign Affairs of the House of Representatives and the Committee
      on Foreign Relations of the Senate with a report containing his
      reasons for entering into such arrangement and a period of 15
      days of continuous session (as defined in section 2159(g) of this
      title) has elapsed: Provided, however, That if in the view of the
      President an emergency exists due to unforeseen circumstances
      requiring immediate entry into a subsequent arrangement, such
      period shall consist of fifteen calendar days;
        (2) the Secretary of Energy may not enter into any subsequent
      arrangement for the reprocessing of any such material in a
      facility which has not processed power reactor fuel assemblies or
      been the subject of a subsequent arrangement therefor prior to
      March 10, 1978, or for subsequent retransfer to a non-nuclear-
      weapon state of any plutonium in quantities greater than 500
      grams resulting from such reprocessing, unless in his judgment,
      and that of the Secretary of State, such reprocessing or
      retransfer will not result in a significant increase of the risk
      of proliferation beyond that which exists at the time that
      approval is requested. Among all the factors in making this
      judgment, foremost consideration will be given to whether or not
      the reprocessing or retransfer will take place under conditions
      that will ensure timely warning to the United States of any
      diversion well in advance of the time at which the non-nuclear-
      weapon state could transform the diverted material into a
      nuclear explosive device; and
        (3) the Secretary of Energy shall attempt to ensure, in
      entering into any subsequent arrangement for the reprocessing of
      any such material in any facility that has processed power
      reactor fuel assemblies or been the subject of a subsequent
      arrangement therefor prior to March 10, 1978, or for the
      subsequent retransfer to any non-nuclear-weapon state of any
      plutonium in quantities greater than 500 grams resulting from
      such reprocessing, that such reprocessing or retransfer shall
      take place under conditions comparable to those which in his
      view, and that of the Secretary of State, satisfy the standards
      set forth in paragraph (2).
    (c) Procedures for consideration of requests for subsequent
      arrangements
      The Secretary of Energy shall, within ninety days after March 10,
    1978, establish orderly and expeditious procedures, including
    provision for necessary administrative actions and inter-agency
    memoranda of understanding, which are mutually agreeable to the
    Secretaries of State, Defense, and Commerce and the Nuclear
    Regulatory Commission for the consideration of requests for
    subsequent arrangements under this section. Such procedures shall
    include, at a minimum, explicit direction on the handling of such
    requests, express deadlines for the solicitation and collection of
    the views of the consulted agencies (with identified officials
    responsible for meeting such deadlines), an inter-agency
    coordinating authority to monitor the processing of such requests,
    predetermined procedures for the expeditious handling of intra-
    agency and inter-agency disagreements and appeals to higher
    authorities, frequent meetings of inter-agency administrative
    coordinators to review the status of all pending requests, and
    similar administrative mechanisms. To the extent practicable, an
    applicant should be advised of all the information required of the
    applicant for the entire process for every agency's needs at the
    beginning of the process. Potentially controversial requests should
    be identified as quickly as possible so that any required policy
    decisions or diplomatic consultations can be initiated in a timely
    manner. An immediate effort should be undertaken to establish
    quickly any necessary standards and criteria, including the nature
    of any required assurance or evidentiary showings, for the
    decisions required under this section. Further, such procedures
    shall specify that if he intends to prepare a Nuclear Proliferation
    Assessment Statement, the Secretary of State shall so declare in
    his response to the Department of Energy. If the Secretary of State
    declares that he intends to prepare such a Statement, he shall do
    so within sixty days of his receipt of a copy of the proposed
    subsequent arrangement (during which time the Secretary of Energy
    may not enter into the subsequent arrangement), unless pursuant to
    the Secretary of State's request, the President waives the sixty-
    day requirement and notifies the Committee on Foreign Affairs of
    the House of Representatives and the Committee on Foreign Relations
    of the Senate of such waiver and the justification therefor. The
    processing of any subsequent arrangement proposed and filed as of
    March 10, 1978, shall not be delayed pending the development and
    establishment of procedures to implement the requirements of this
    section.
    (d) Activities not prohibited, precluded, or limited
      Nothing in this section is intended to prohibit, permanently or
    unconditionally, the reprocessing of spent fuel owned by a foreign
    nation which fuel has been supplied by the United States, to
    preclude the United States from full participation in the
    International Nuclear Fuel Cycle Evaluation provided for in section
    3224 of title 22; to in any way limit the presentation or
    consideration in that evaluation of any nuclear fuel cycle by the
    United States or any other participation; nor to prejudice open and
    objective consideration of the results of the evaluation.
    (e) Jurisdiction of Secretary of Energy
      Notwithstanding section 7172(d) of this title, the Secretary of
    Energy, and not the Federal Energy Regulatory Commission, shall
    have sole jurisdiction within the Department of Energy over any
    matter arising from any function of the Secretary of Energy in this
    section.
    (f) Subsequent arrangements involving direct or indirect commitment
      of United States for storage or other disposition of foreign
      spent nuclear fuel in United States
      (1) With regard to any subsequent arrangement under subsection
    (a)(2)(E) of this section (for the storage or disposition of
    irradiated fuel elements), where such arrangement involves a direct
    or indirect commitment of the United States for the storage or
    other disposition, interim or permanent, of any foreign spent
    nuclear fuel in the United States, the Secretary of Energy may not
    enter into any such subsequent arrangement, unless:
        (A)(i) Such commitment of the United States has been submitted
      to the Congress for a period of sixty days of continuous session
      (as defined in section 2159(g) of this title) and has been
      referred to the Committee on Foreign Affairs of the House of
      Representatives and the Committee on Foreign Relations of the
      Senate, but any such commitment shall not become effective if
      during such sixty-day period the Congress adopts a concurrent
      resolution stating in substance that it does not favor the
      commitment, any such commitment to be considered pursuant to the
      procedures set forth in section 2159 of this title for the
      consideration of Presidential submissions; or (ii) if the
      President has submitted a detailed generic plan for such
      disposition or storage in the United States to the Congress for a
      period of sixty days of continuous session (as defined in section
      2159(g) of this title), which plan has been referred to the
      Committee on Foreign Affairs of the House of Representatives and
      the Committee on Foreign Relations of the Senate and has not been
      disapproved during such sixty-day period by the adoption of a
      concurrent resolution stating in substance that Congress does not
      favor the plan; and the commitment is subject to the terms of an
      effective plan. Any such plan shall be considered pursuant to the
      procedures set forth in section 2159 of this title for the
      consideration of Presidential submissions;
        (B) The Secretary of Energy has complied with subsection (a) of
      this section; and
        (C) The Secretary of Energy has complied, or in the arrangement
      will comply with all other statutory requirements of this
      chapter, under sections 2074 and 2075 of this title and any other
      applicable sections, and any other requirements of law.

      (2) Paragraph (1) shall not apply to the storage or other
    disposition in the United States of limited quantities of foreign
    spent nuclear fuel if the President determines that (A) a
    commitment under section 2074 or 2075 of this title of the United
    States for storage or other disposition of such limited quantities
    in the United States is required by an emergency situation, (B) it
    is in the national interest to take such immediate action, and (C)
    he notifies the Committees on Foreign Affairs and Science, Space,
    and Technology of the House of Representatives and the Committees
    on Foreign Relations and Energy and Natural Resources of the Senate
    of the determination and action, with a detailed explanation and
    justification thereof, as soon as possible.
      (3) Any plan submitted by the President under paragraph (1) shall
    include a detailed discussion, with detailed information, and any
    supporting documentation thereof, relating to policy objectives,
    technical description, geographic information, cost data and
    justifications, legal and regulatory considerations, environmental
    impact information and any related international agreements,
    arrangements or understandings.
      (4) For the purposes of this subsection, the term "foreign spent
    nuclear fuel" shall include any nuclear fuel irradiated in any
    nuclear power reactor located outside of the United States and
    operated by any foreign legal entity, government or nongovernment,
    regardless of the legal ownership or other control of the fuel or
    reactor and regardless of the origin or licensing of the fuel or
    reactor, but not including fuel irradiated in a research reactor.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 131, as added Pub. L. 95-242,
    title III, Sec. 303(a), Mar. 10, 1978, 92 Stat. 127; renumbered
    title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
    106 Stat. 2944; amended Pub. L. 103-437, Sec. 15(f)(6), Nov. 2,
    1994, 108 Stat. 4592; Pub. L. 105-277, div. G, title XII, Sec.
    1225(d)(6), (7), Oct. 21, 1998, 112 Stat. 2681-774.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a)(1). Pub. L. 105-277, Sec. 1225(d)(6)(A), in
    first sentence, struck out "the Director," after "shall consult
    with" and, in third sentence, substituted "the Secretary of State
    is required" for "the Director declares that he intends" and "the
    requirement to prepare a Nuclear Proliferation Assessment
    Statement" for "the Director's declaration".
      Subsec. (a)(2). Pub. L. 105-277, Sec. 1225(d)(6)(B), substituted
    "view of the Secretary of State, Secretary of Energy, Secretary of
    Defense, or the Commission" for "Director's view" and "the
    Secretary of State, in consultation with such Secretary or the
    Commission, shall prepare" for "he may prepare".
      Subsec. (c). Pub. L. 105-277, Sec. 1225(d)(7), struck out ", the
    Director of the Arms Control and Disarmament Agency," before "and
    the Nuclear" in first sentence and substituted "Secretary of State"
    for "Director" in sixth and seventh sentences and "Secretary of
    State's" for "Director's" in seventh sentence.
      1994 - Subsecs. (b)(1), (c), (f)(1)(A). Pub. L. 103-437, Sec.
    15(f)(6)(A), substituted "Foreign Affairs" for "International
    Relations" wherever appearing.
      Subsec. (f)(2). Pub. L. 103-437 substituted "Foreign Affairs and
    Science, Space, and Technology" for "International Relations and
    Science and Technology".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives and Committee on Science, Space, and Technology of
    House of Representatives treated as referring to Committee on
    Science of House of Representatives by section 1(a) of Pub. L. 104-
    14, set out as a note preceding section 21 of Title 2, The
    Congress.

-MISC2-
                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
    1999, or date of abolition of the United States Arms Control and
    Disarmament Agency pursuant to reorganization plan described in
    section 6601 of Title 22, Foreign Relations and Intercourse, see
    section 1201 of Pub. L. 105-277, set out as an Effective Date note
    under section 6511 of Title 22.

                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

                          DELEGATION OF FUNCTIONS                      
      Delegation or assignment to Secretary of Energy of functions
    vested in President under subsecs. (a)(2)(G), (b)(1), and (f)(2) of
    this section, and of function vested in President under subsec.
    (f)(1)(A)(ii) of this section to extent that such function relates
    to preparation of a detailed generic plan, see section 1(b) and (c)
    of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
    section 3201 of Title 22, Foreign Relations and Intercourse.
      Secretary of State responsible for performing function vested in
    President under subsec. (c) of this section, except that Secretary
    of State may not waive 60-day requirement for preparation of a
    Nuclear Non-Proliferation Assessment Statement for more than 60
    days without approval of President, see section 2(e) of Ex. Ord.
    No. 12058, May 11, 1978, 43 F.R. 20947, set out under section 3201
    of Title 22.

-MISC3-
       LIMITATIONS ON RECEIPT AND STORAGE OF SPENT NUCLEAR FUEL FROM
                         FOREIGN RESEARCH REACTORS
      Pub. L. 103-160, div. C, title XXXI, Sec. 3151, Nov. 30, 1993,
    107 Stat. 1949, provided that:
      "(a) Purpose. - It is the purpose of this section to regulate the
    receipt and storage of spent nuclear fuel at the Department of
    Energy defense nuclear facility located at the Savannah River Site,
    South Carolina (in this section referred to as the 'Savannah River
    Site').
      "(b) Receipt in Emergency Circumstances. - When the Secretary of
    Energy determines that emergency circumstances make it necessary to
    receive spent nuclear fuel, the Secretary shall submit a
    notification of that determination to the Congress. The Secretary
    may not receive spent nuclear fuel at the Savannah River Site until
    the expiration of the 30-day period beginning on the date on which
    the Congress receives the notification.
      "(c) Limitation on Storage in Non-emergency Circumstances. - The
    Secretary of Energy may not, under other than emergency
    circumstances, receive and store at the Savannah River Site any
    spent nuclear fuel in excess of the amount that (as of the date of
    the enactment of this Act [Nov. 30, 1993]) the Savannah River Site
    is capable of receiving and storing, until, with respect to the
    receipt and storage of any such spent nuclear fuel - 
        "(1) the completion of an environmental impact statement under
      section 102(2)(C) of the National Environmental Policy Act of
      1969 (42 U.S.C. 4332(2)(C));
        "(2) the expiration of the 90-day period (as prescribed by
      regulation pursuant to such Act [42 U.S.C. 4321 et seq.])
      beginning on the date of such completion; and
        "(3) the signing by the Secretary of a record of decision
      following such completion.
      "(d) Limitations on Receipt. - The Secretary of Energy may not,
    under emergency or non-emergency circumstances, receive spent
    nuclear fuel if the spent nuclear fuel - 
        "(1) cannot be transferred in an expeditious manner from its
      port of entry in the United States to a storage facility that is
      located at a Department of Energy facility and is capable of
      receiving and storing the spent nuclear fuel; or
        "(2) will remain on a vessel in the port of entry for a period
      that exceeds the period necessary to unload the fuel from the
      vessel pursuant to routine unloading procedures.
      "(e) Criteria for Port of Entry. - The Secretary of Energy shall,
    if economically feasible and to the maximum extent practicable,
    provide for the receipt of spent nuclear fuel under this section at
    a port of entry in the United States which, as determined by the
    Secretary and compared to each other port of entry in the United
    States that is capable of receiving the spent nuclear fuel - 
        "(1) has the lowest human population in the area surrounding
      the port of entry;
        "(2) is closest in proximity to the facility which will store
      the spent nuclear fuel; and
        "(3) has the most appropriate facilities for, and experience
      in, receiving spent nuclear fuel.
      "(f) Definition. - In this section, the term 'spent nuclear fuel'
    means nuclear fuel that - 
        "(1) was originally exported to a foreign country from the
      United States in the form of highly enriched uranium; and
        "(2) was used in a research reactor by the Government of a
      foreign country or by a foreign-owned or foreign-controlled
      entity."

        PERFORMANCE OF FUNCTIONS PENDING DEVELOPMENT OF PROCEDURES    
      The performance of functions under this chapter, as amended by
    the Nuclear Non-Proliferation Act of 1978, Pub. L. 95-242, Mar. 10,
    1978, 92 Stat. 120, not to be delayed pending development of
    procedures even though as many as 120 days [after Mar. 10, 1978]
    are allowed for establishing those procedures, see section 5(b) of
    Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out under
    section 3201 of Title 22, Foreign Relations and Intercourse.

-End-

-CITE-
    42 USC Sec. 2160a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2160a. Review of Nuclear Proliferation Assessment Statements

-STATUTE-
      No court or regulatory body shall have any jurisdiction under any
    law to compel the performance of or to review the adequacy of the
    performance of any Nuclear Proliferation Assessment Statement, or
    any annexes thereto, called for in this Act or in this chapter.

-SOURCE-
    (Pub. L. 95-242, title IV, Sec. 406, Mar. 10, 1978, 92 Stat. 148;
    Pub. L. 105-277, div. G, title XII, Sec. 1225(e)(5), Oct. 21, 1998,
    112 Stat. 2681-775.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, means the Nuclear Non-
    Proliferation Act of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat.
    120, which is classified principally to chapter 47 (Sec. 3201 et
    seq.) of Title 22, Foreign Relations and Intercourse. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3201 of Title 22 and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Nuclear Non-Proliferation Act
    of 1978, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-277 inserted ", or any annexes thereto,"
    before "called for in".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-277 effective on earlier of Apr. 1,
    1999, or date of abolition of the United States Arms Control and
    Disarmament Agency pursuant to reorganization plan described in
    section 6601 of Title 22, Foreign Relations and Intercourse, see
    section 1201 of Pub. L. 105-277, set out as an Effective Date note
    under section 6511 of Title 22.

                              EFFECTIVE DATE                          
      Section effective Mar. 10, 1978, except as otherwise provided and
    regardless of any requirements for the promulgation of implementing
    regulations, see section 603(c) of Pub. L. 95-242, set out as a
    note under section 3201 of Title 22, Foreign Relations and
    Intercourse.

-End-

-CITE-
    42 USC Sec. 2160b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2160b. Authority to suspend nuclear cooperation with nations
      which have not ratified the Convention on the Physical Security
      of Nuclear Materials

-STATUTE-
      The President may suspend nuclear cooperation under this chapter
    with any nation or group of nations which has not ratified the
    Convention on the Physical Security of Nuclear Material.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 132, as added Pub. L. 99-399,
    title VI, Sec. 602, Aug. 27, 1986, 100 Stat. 875; renumbered title
    I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106
    Stat. 2944.)

-End-

-CITE-
    42 USC Sec. 2160c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2160c. Consultation with Department of Defense concerning
      certain exports and subsequent arrangements

-STATUTE-
      (a) In addition to other applicable requirements - 
        (1) a license may be issued by the Nuclear Regulatory
      Commission under this chapter for the export of special nuclear
      material described in subsection (b) of this section; and
        (2) approval may be granted by the Secretary of Energy under
      section 2160 of this title for the transfer of special nuclear
      material described in subsection (b) of this section;

    only after the Secretary of Defense has been consulted on whether
    the physical protection of that material during the export or
    transfer will be adequate to deter theft, sabotage, and other acts
    of international terrorism which would result in the diversion of
    that material. If, in the view of the Secretary of Defense based on
    all available intelligence information, the export or transfer
    might be subject to a genuine terrorist threat, the Secretary shall
    provide to the Nuclear Regulatory Commission or the Secretary of
    Energy, as appropriate, his written assessment of the risk and a
    description of the actions the Secretary of Defense considers
    necessary to upgrade physical protection measures.
      (b) Subsection (a) of this section applies to the export or
    transfer of more than 2 kilograms of plutonium or more than 5
    kilograms of uranium enriched to more than 20 percent in the
    isotope 233 or the isotope 235.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 133, as added Pub. L. 99-399,
    title VI, Sec. 603, Aug. 27, 1986, 100 Stat. 875; renumbered title
    I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106
    Stat. 2944; amended Pub. L. 103-236, title VIII, Sec. 829, Apr. 30,
    1994, 108 Stat. 521.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b). Pub. L. 103-236 substituted "5 kilograms" for
    "20 kilograms".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-236 effective 60 days after Apr. 30,
    1994, see section 831 of Pub. L. 103-236, set out as an Effective
    Date note under section 6301 of Title 22, Foreign Relations and
    Intercourse.

-End-

-CITE-
    42 USC Sec. 2160d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER X - INTERNATIONAL ACTIVITIES

-HEAD-
    Sec. 2160d. Further restrictions on exports

-STATUTE-
    (a) In general
      Except as provided in subsection (b) of this section, the
    Commission may issue a license for the export of highly enriched
    uranium to be used as a fuel or target in a nuclear research or
    test reactor only if, in addition to any other requirement of this
    chapter, the Commission determines that - 
        (1) there is no alternative nuclear reactor fuel or target
      enriched in the isotope 235 to a lesser percent than the proposed
      export, that can be used in that reactor;
        (2) the proposed recipient of that uranium has provided
      assurances that, whenever an alternative nuclear reactor fuel or
      target can be used in that reactor, it will use that alternative
      in lieu of highly enriched uranium; and
        (3) the United States Government is actively developing an
      alternative nuclear reactor fuel or target that can be used in
      that reactor.

    (b) Medical isotope production
      (1) Definitions
        In this subsection:
        (A) Highly enriched uranium
          The term "highly enriched uranium" means uranium enriched to
        include concentration of U-235 above 20 percent.
        (B) Medical isotope
          The term "medical isotope" includes Molybdenum 99, Iodine
        131, Xenon 133, and other radioactive materials used to produce
        a radiopharmaceutical for diagnostic, therapeutic procedures or
        for research and development.
        (C) Radiopharmaceutical
          The term "radiopharmaceutical" means a radioactive isotope
        that - 
            (i) contains byproduct material combined with chemical or
          biological material; and
            (ii) is designed to accumulate temporarily in a part of the
          body for therapeutic purposes or for enabling the production
          of a useful image for use in a diagnosis of a medical
          condition.
        (D) Recipient country
          The term "recipient country" means Canada, Belgium, France,
        Germany, and the Netherlands.
      (2) Licenses
        The Commission may issue a license authorizing the export
      (including shipment to and use at intermediate and ultimate
      consignees specified in the license) to a recipient country of
      highly enriched uranium for medical isotope production if, in
      addition to any other requirements of this chapter (except
      subsection (a) of this section), the Commission determines that -
      
          (A) a recipient country that supplies an assurance letter to
        the United States Government in connection with the
        consideration by the Commission of the export license
        application has informed the United States Government that any
        intermediate consignees and the ultimate consignee specified in
        the application are required to use the highly enriched uranium
        solely to produce medical isotopes; and
          (B) the highly enriched uranium for medical isotope
        production will be irradiated only in a reactor in a recipient
        country that - 
            (i) uses an alternative nuclear reactor fuel; or
            (ii) is the subject of an agreement with the United States
          Government to convert to an alternative nuclear reactor fuel
          when alternative nuclear reactor fuel can be used in the
          reactor.
      (3) Review of physical protection requirements
        (A) In general
          The Commission shall review the adequacy of physical
        protection requirements that, as of the date of an application
        under paragraph (2), are applicable to the transportation and
        storage of highly enriched uranium for medical isotope
        production or control of residual material after irradiation
        and extraction of medical isotopes.
        (B) Imposition of additional requirements
          If the Commission determines that additional physical
        protection requirements are necessary (including a limit on the
        quantity of highly enriched uranium that may be contained in a
        single shipment), the Commission shall impose such requirements
        as license conditions or through other appropriate means.
      (4) First report to Congress
        (A) NAS study
          The Secretary shall enter into an arrangement with the
        National Academy of Sciences to conduct a study to determine - 
            (i) the feasibility of procuring supplies of medical
          isotopes from commercial sources that do not use highly
          enriched uranium;
            (ii) the current and projected demand and availability of
          medical isotopes in regular current domestic use;
            (iii) the progress that is being made by the Department of
          Energy and others to eliminate all use of highly enriched
          uranium in reactor fuel, reactor targets, and medical isotope
          production facilities; and
            (iv) the potential cost differential in medical isotope
          production in the reactors and target processing facilities
          if the products were derived from production systems that do
          not involve fuels and targets with highly enriched uranium.
        (B) Feasibility
          For the purpose of this subsection, the use of low enriched
        uranium to produce medical isotopes shall be determined to be
        feasible if - 
            (i) low enriched uranium targets have been developed and
          demonstrated for use in the reactors and target processing
          facilities that produce significant quantities of medical
          isotopes to serve United States needs for such isotopes;
            (ii) sufficient quantities of medical isotopes are
          available from low enriched uranium targets and fuel to meet
          United States domestic needs; and
            (iii) the average anticipated total cost increase from
          production of medical isotopes in such facilities without use
          of highly enriched uranium is less than 10 percent.
        (C) Report by the Secretary
          Not later than 5 years after August 8, 2005, the Secretary
        shall submit to Congress a report that - 
            (i) contains the findings of the National Academy of
          Sciences made in the study under subparagraph (A); and
            (ii) discloses the existence of any commitments from
          commercial producers to provide domestic requirements for
          medical isotopes without use of highly enriched uranium
          consistent with the feasibility criteria described in
          subparagraph (B) not later than the date that is 4 years
          after the date of submission of the report.
      (5) Second report to Congress
        If the study of the National Academy of Sciences determines
      under paragraph (4)(A)(i) that the procurement of supplies of
      medical isotopes from commercial sources that do not use highly
      enriched uranium is feasible, but the Secretary is unable to
      report the existence of commitments under paragraph (4)(C)(ii),
      not later than the date that is 6 years after August 8, 2005, the
      Secretary shall submit to Congress a report that describes
      options for developing domestic supplies of medical isotopes in
      quantities that are adequate to meet domestic demand without the
      use of highly enriched uranium consistent with the cost increase
      described in paragraph (4)(B)(iii).
      (6) Certification
        At such time as commercial facilities that do not use highly
      enriched uranium are capable of meeting domestic requirements for
      medical isotopes, within the cost increase described in paragraph
      (4)(B)(iii) and without impairing the reliable supply of medical
      isotopes for domestic utilization, the Secretary shall submit to
      Congress a certification to that effect.
      (7) Sunset provision
        After the Secretary submits a certification under paragraph
      (6), the Commission shall, by rule, terminate its review of
      export license applications under this subsection.
    (c) Definitions
      As used in this section - 
        (1) the term "alternative nuclear reactor fuel or target" means
      a nuclear reactor fuel or target which is enriched to less than
      20 percent in the isotope U-235;
        (2) the term "highly enriched uranium" means uranium enriched
      to 20 percent or more in the isotope U-235; and
        (3) a fuel or target "can be used" in a nuclear research or
      test reactor if - 
          (A) the fuel or target has been qualified by the Reduced
        Enrichment Research and Test Reactor Program of the Department
        of Energy, and
          (B) use of the fuel or target will permit the large majority
        of ongoing and planned experiments and isotope production to be
        conducted in the reactor without a large percentage increase in
        the total cost of operating the reactor.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 134, as added Pub. L. 102-
    486, title IX, Sec. 903(a)(1), Oct. 24, 1992, 106 Stat. 2944; Pub.
    L. 109-58, title VI, Sec. 630, Aug. 8, 2005, 119 Stat. 785.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-58, Sec. 630(1), inserted heading
    and substituted "Except as provided in subsection (b) of this
    section, the Commission" for "The Commission" in introductory
    provisions.
      Subsecs. (b), (c). Pub. L. 109-58, Sec. 630(2), (3), added
    subsec. (b) and redesignated former subsec. (b) as (c).

-End-

-CITE-
    42 USC SUBCHAPTER XI - CONTROL OF INFORMATION               01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-
                  SUBCHAPTER XI - CONTROL OF INFORMATION              

-End-

-CITE-
    42 USC Sec. 2161                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-
    Sec. 2161. Policy of Commission

-STATUTE-
      It shall be the policy of the Commission to control the
    dissemination and declassification of Restricted Data in such a
    manner as to assure the common defense and security. Consistent
    with such policy, the Commission shall be guided by the following
    principles:
      (a) Until effective and enforceable international safeguards
    against the use of atomic energy for destructive purposes have been
    established by an international arrangement, there shall be no
    exchange of Restricted Data with other nations except as authorized
    by section 2164 of this title; and
      (b) The dissemination of scientific and technical information
    relating to atomic energy should be permitted and encouraged so as
    to provide that free interchange of ideas and criticism which is
    essential to scientific and industrial progress and public
    understanding and to enlarge the fund of technical information.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 141, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 940; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1810(a) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2162                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-
    Sec. 2162. Classification and declassification of Restricted Data

-STATUTE-
    (a) Periodic determination
      The Commission shall from time to time determine the data, within
    the definition of Restricted Data, which can be published without
    undue risk to the common defense and security and shall thereupon
    cause such data to be declassified and removed from the category of
    Restricted Data.
    (b) Continuous review
      The Commission shall maintain a continuous review of Restricted
    Data and of any Classification Guides issued for the guidance of
    those in the atomic energy program with respect to the areas of
    Restricted Data which have been declassified in order to determine
    which information may be declassified and removed from the category
    of Restricted Data without undue risk to the common defense and
    security.
    (c) Joint determination on atomic weapons; Presidential
      determination on disagreement
      In the case of Restricted Data which the Commission and the
    Department of Defense jointly determine to relate primarily to the
    military utilization of atomic weapons, the determination that such
    data may be published without constituting an unreasonable risk to
    the common defense and security shall be made by the Commission and
    the Department of Defense jointly, and if the Commission and the
    Department of Defense do not agree, the determination shall be made
    by the President.
    (d) Removal from Restricted Data category
      The Commission shall remove from the Restricted Data category
    such data as the Commission and the Department of Defense jointly
    determine relates primarily to the military utilization of atomic
    weapons and which the Commission and Department of Defense jointly
    determine can be adequately safeguarded as defense information:
    Provided, however, That no such data so removed from the Restricted
    Data category shall be transmitted or otherwise made available to
    any nation or regional defense organization, while such data
    remains defense information, except pursuant to an agreement for
    cooperation entered into in accordance with subsection (b) or (d)
    of section 2164 of this title.
    (e) Joint determination on atomic energy programs
      The Commission shall remove from the Restricted Data category
    such information concerning the atomic energy programs of other
    nations as the Commission and the Director of Central Intelligence
    jointly determine to be necessary to carry out the provisions of
    section 102(d) of the National Security Act of 1947, as
    amended,(!1) and can be adequately safeguarded as defense
    information.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 142, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 941; amended Pub. L. 102-484, div. C,
    title XXXI, Sec. 3152, Oct. 23, 1992, 106 Stat. 2644; renumbered
    title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
    106 Stat. 2944; Pub. L. 103-337, div. A, title XXXI, Sec.
    3155(c)(2), (3), Oct. 5, 1994, 108 Stat. 3092.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 102(d) of the National Security Act of 1947, as amended,
    referred to in subsec. (e), was a reference to section 102(d) of
    act July 26, 1947, ch. 343, title I, 61 Stat. 497, as amended,
    which was classified to section 403(d) of Title 50, War and
    National Defense, prior to repeal by Pub. L. 104-293, title VIII,
    Sec. 805(a), Oct. 11, 1996, 110 Stat. 3477.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (d). Pub. L. 103-337, Sec. 3155(c)(2), substituted
    "subsection (b) or (d) of section 2164 of this title" for "section
    2164(b) of this title".
      Subsec. (f). Pub. L. 103-337, Sec. 3155(c)(3), struck out subsec.
    (f) which read as follows: "Notwithstanding any other law, the
    President may publicly release Restricted Data regarding the
    nuclear weapons stockpile of the United States if the United States
    and member states of the Commonwealth of Independent States reach
    reciprocal agreement on the release of such data."
      1992 - Subsec. (f). Pub. L. 102-484 added subsec. (f).

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-MISC2-
      REVIEW OF CERTAIN DOCUMENTS BEFORE DECLASSIFICATION AND RELEASE  
      Pub. L. 104-106, div. C, title XXXI, Sec. 3155, Feb. 10, 1996,
    110 Stat. 625, which was formerly set out as a note under this
    section, was renumbered section 4521 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(11), Nov. 24,
    2003, 117 Stat. 1774, and is classified to section 2671 of Title
    50, War and National Defense.

-EXEC-
      EX. ORD. NO. 10899. COMMUNICATION OF RESTRICTED DATA BY CENTRAL
                            INTELLIGENCE AGENCY
      Ex. Ord. No. 10899, eff. Dec. 9, 1960, 25 F.R. 12729, provided:
      By virtue of the authority vested in me by the Atomic Energy Act
    of 1954, as amended (hereinafter referred to as the Act; 42 U.S.C.
    2011 et seq.), and as President of the United States, it is ordered
    as follows:
      The Central Intelligence Agency is hereby authorized to
    communicate for intelligence purposes, in accordance with the terms
    and conditions of any agreement for cooperation arranged pursuant
    to subsections 144a, b, or c of the act (42 U.S.C. 2162 (a), (b),
    or (c)), such restricted data and data removed from the restricted
    data category under subsection 142d of the Act (42 U.S.C. 2162(d))
    as is determined
      (i) by the President, pursuant to the provisions of the Act, or
      (ii) by the Atomic Energy Commission and the Department of
    Defense, jointly pursuant to the provisions of Executive Order No.
    10841 [set out as a note under section 2153 of this title], to be
    transmissible under the agreement for cooperation involved. Such
    communications shall be effected through mechanisms established by
    the Central Intelligence Agency in accordance with the terms and
    conditions of the agreement for cooperation involved: Provided,
    that no such communication shall be made by the Central
    Intelligence Agency until the proposed communication has been
    authorized either in accordance with procedures adopted by the
    Atomic Energy Commission and the Department of Defense and
    applicable to conduct of programs for cooperation by those
    agencies, or in accordance with procedures approved by the Atomic
    Energy Commission and the Department of Defense and applicable to
    conduct of programs for cooperation by the Central Intelligence
    Agency.
                                                   Dwight D. Eisenhower.

                 MODIFICATION OF EXECUTIVE ORDER NO. 10899             
      Ex. Ord. No. 10899, Dec. 9, 1960, 25 F.R. 12729, set out above,
    when referring to functions of the Atomic Energy Commission is
    modified to provide that all such functions shall be exercised by
    the Secretary of Energy and the Nuclear Regulatory Commission, see
    section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957,
    set out as a note under section 7151 of this title.

    EX. ORD. NO. 11057. COMMUNICATION OF RESTRICTED DATA BY DEPARTMENT
                                 OF STATE
      Ex. Ord. No. 11057, eff. Oct. 18, 1962, 27 F.R. 10289, provided:
      By virtue of the authority vested in me by the Atomic Energy Act
    of 1954, as amended (hereinafter referred to as the Act; 42 U.S.C.
    2011 et seq.), and as President of the United States, it is ordered
    as follows:
      The Department of State is hereby authorized to communicate, in
    accordance with the terms and conditions of any agreement for
    cooperation arranged pursuant to subsection 144b of the act (42
    U.S.C. 2164(b)), such restricted data and data removed from the
    restricted data category under subsection 142d of the act (42
    U.S.C. 2162(d)) as is determined
      (i) by the President, pursuant to the provisions of the Act, or
      (ii) by the Atomic Energy Commission and the Department of
    Defense, jointly pursuant to the provisions of Executive Order No.
    10841, as amended [set out as a note under section 2153 of this
    title], to be transmissible under the agreement for cooperation
    involved. Such communications shall be effected through mechanisms
    established by the Department of State in accordance with the terms
    and conditions of the agreement for cooperation involved: Provided,
    that no such communication shall be made by the Department of State
    until the proposed communication has been authorized either in
    accordance with procedures adopted by the Atomic Energy Commission
    and the Department of Defense and applicable to conduct of programs
    for cooperation by those agencies, or in accordance with procedures
    approved by the Atomic Energy Commission and the Department of
    Defense and applicable to conduct of programs for cooperation by
    the Department of State.
                                                        John F. Kennedy.

                 MODIFICATION OF EXECUTIVE ORDER NO. 11057             
      Ex. Ord. No. 11057, Oct. 18, 1962, 27 F.R. 10289, set out above,
    when referring to functions of the Atomic Energy Commission is
    modified to provide that all such functions shall be exercised by
    the Secretary of Energy and the Nuclear Regulatory Commission, see
    section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957,
    set out as a note under section 7151 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 2163                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-
    Sec. 2163. Access to Restricted Data

-STATUTE-
      The Commission may authorize any of its employees, or employees
    of any contractor, prospective contractor, licensee or prospective
    licensee of the Commission or any other person authorized access to
    Restricted Data by the Commission under section 2165(b) and (c) of
    this title to permit any employee of an agency of the Department of
    Defense or of its contractors, or any member of the Armed Forces to
    have access to Restricted Data required in the performance of his
    duties and so certified by the head of the appropriate agency of
    the Department of Defense or his designee: Provided, however, That
    the head of the appropriate agency of the Department of Defense or
    his designee has determined, in accordance with the established
    personnel security procedures and standards of such agency, that
    permitting the member or employee to have access to such Restricted
    Data will not endanger the common defense and security: And
    provided further, That the Secretary of Defense finds that the
    established personnel and other security procedures and standards
    of such agency are adequate and in reasonable conformity to the
    standards established by the Commission under section 2165 of this
    title.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 143, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 941; amended Aug. 6, 1956, ch. 1015,
    Sec. 14, 70 Stat. 1071; Pub. L. 87-206, Sec. 5, Sept. 6, 1961, 75
    Stat. 476; renumbered title I, Pub. L. 102-486, title IX, Sec.
    902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1961 - Pub. L. 87-206 inserted reference to subsection (c) of
    section 2165 of this title.
      1956 - Act Aug. 6, 1956, inserted "or any other person authorized
    access to Restricted Data by the Commission under section 2165(b)
    of this title".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2164                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-
    Sec. 2164. International cooperation

-STATUTE-
    (a) By Commission
      The President may authorize the Commission to cooperate with
    another nation and to communicate to that nation Restricted Data on
    - 
        (1) refining, purification, and subsequent treatment of source
      material;
        (2) civilian reactor development;
        (3) production of special nuclear material;
        (4) health and safety;
        (5) industrial and other applications of atomic energy for
      peaceful purposes; and
        (6) research and development relating to the foregoing:

    Provided, however, That no such cooperation shall involve the
    communication of Restricted Data relating to the design or
    fabrication of atomic weapons: And provided further, That the
    cooperation is undertaken pursuant to an agreement for cooperation
    entered into in accordance with section 2153 of this title, or is
    undertaken pursuant to an agreement existing on August 30, 1954.
    (b) By Department of Defense
      The President may authorize the Department of Defense, with the
    assistance of the Commission, to cooperate with another nation or
    with a regional defense organization to which the United States is
    a party, and to communicate to that nation or organization such
    Restricted Data (including design information) as is necessary to -
    
        (1) the development of defense plans;
        (2) the training of personnel in the employment of and defense
      against atomic weapons and other military applications of atomic
      energy;
        (3) the evaluation of the capabilities of potential enemies in
      the employment of atomic weapons and other military applications
      of atomic energy; and
        (4) the development of compatible delivery systems for atomic
      weapons;

    whenever the President determines that the proposed cooperation and
    the proposed communication of the Restricted Data will promote and
    will not constitute an unreasonable risk to the common defense and
    security, while such other nation or organization is participating
    with the United States pursuant to an international arrangement by
    substantial and material contributions to the mutual defense and
    security: Provided, however, That the cooperation is undertaken
    pursuant to an agreement entered into in accordance with section
    2153 of this title.
    (c) Exchange of information concerning atomic weapons; research,
      development, or design, of military reactors
      In addition to the cooperation authorized in subsections (a) and
    (b) of this section, the President may authorize the Commission,
    with the assistance of the Department of Defense, to cooperate with
    another nation and - 
        (1) to exchange with that nation Restricted Data concerning
      atomic weapons: Provided, That communication of such Restricted
      Data to that nation is necessary to improve its atomic weapon
      design, development, or fabrication capability and provided that
      nation has made substantial progress in the development of atomic
      weapons; and
        (2) to communicate or exchange with that nation Restricted Data
      concerning research, development, or design, of military
      reactors,

    whenever the President determines that the proposed cooperation and
    the communication of the proposed Restricted Data will promote and
    will not constitute an unreasonable risk to the common defense and
    security, while such other nation is participating with the United
    States pursuant to an international arrangement by substantial and
    material contributions to the mutual defense and security:
    Provided, however, That the cooperation is undertaken pursuant to
    an agreement entered into in accordance with section 2153 of this
    title.
    (d) By Department of Energy
      (1) In addition to the cooperation authorized in subsections (a),
    (b), and (c) of this section, the President may, upon making a
    determination described in paragraph (2), authorize the Department
    of Energy, with the assistance of the Department of Defense, to
    cooperate with another nation to communicate to that nation such
    Restricted Data, and the President may, upon making such
    determination, authorize the Department of Defense, with the
    assistance of the Department of Energy, to cooperate with another
    nation to communicate to that nation such data removed from the
    Restricted Data category under section 2162 of this title, as is
    necessary for - 
        (A) the support of a program for the control of and accounting
      for fissile material and other weapons material;
        (B) the support of the control of and accounting for atomic
      weapons;
        (C) the verification of a treaty; and
        (D) the establishment of international standards for the
      classification of data on atomic weapons, data on fissile
      material, and related data.

      (2) A determination referred to in paragraph (1) is a
    determination that the proposed cooperation and proposed
    communication referred to in that paragraph - 
        (A) will promote the common defense and security interests of
      the United States and the nation concerned; and
        (B) will not constitute an unreasonable risk to such common
      defense and security interests.

      (3) Cooperation under this subsection shall be undertaken
    pursuant to an agreement for cooperation entered into in accordance
    with section 2153 of this title.
    (e) Communication of data by other Government agencies
      The President may authorize any agency of the United States to
    communicate in accordance with the terms and conditions of an
    agreement for cooperation arranged pursuant to subsection (a), (b),
    (c), or (d) of this section, such Restricted Data as is determined
    to be transmissible under the agreement for cooperation involved.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 144, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 942; amended Pub. L. 85-479, Secs. 5-7,
    July 2, 1958, 72 Stat. 278; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
    103-337, div. C, title XXXI, Sec. 3155(a), (c)(4), Oct. 5, 1994,
    108 Stat. 3091, 3092.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (d). Pub. L. 103-337, Sec. 3155(a)(2), added
    subsec. (d). Former subsec. (d) redesignated (e).
      Subsec. (e). Pub. L. 103-337, Sec. 3155(c)(4), substituted "(c),
    or (d)" for "or (c)".
      Pub. L. 103-337, Sec. 3155(a)(1), redesignated subsec. (d) as
    (e).
      1958 - Subsec. (a). Pub. L. 85-479, Sec. 5, substituted "civilian
    reactor development" for "reactor development" in cl. (2).
      Subsec. (b). Pub. L. 85-479, Sec. 6, authorized communication of
    design information, of data concerning other military applications
    of atomic energy necessary for the training of personnel or for the
    evaluation of the capabilities of potential enemies, and of data
    necessary to the development of compatible delivery systems for
    atomic weapons, and struck out provisions which prohibited
    communication of data which would reveal important information
    concerning the design or fabrication of the nuclear components of
    atomic weapons.
      Subsecs. (c), (d). Pub. L. 85-479, Sec. 7, added subsecs. (c) and
    (d).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

                          DELEGATION OF FUNCTIONS                      
      Authority vested in President by subsecs. (b) and (c) of this
    section delegated to Secretary of Defense and Secretary of Energy,
    see section 2(a)(2) and (3) of Ex. Ord. No. 10841, as amended, set
    out as a note under section 2153 of this title.

-MISC2-
                        PROHIBITION ON INSPECTIONS                    
      Pub. L. 104-106, div. C, title XXXI, Sec. 3154(a), Feb. 10, 1996,
    110 Stat. 624, which was formerly set out as a note under this
    section, was renumbered section 4501(a) of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(2)(A)-(C), Nov.
    24, 2003, 117 Stat. 1771, and is classified to section 2651(a) of
    Title 50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 2165                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-
    Sec. 2165. Security restrictions

-STATUTE-
    (a) On contractors and licensees
      No arrangement shall be made under section 2051 of this title, no
    contract shall be made or continued in effect under section 2061 of
    this title, and no license shall be issued under section 2133 or
    2134 of this title, unless the person with whom such arrangement is
    made, the contractor or prospective contractor, or the prospective
    licensee agrees in writing not to permit any individual to have
    access to Restricted Data until the Director of the Office of
    Personnel Management shall have made an investigation and report to
    the Commission on the character, associations, and loyalty of such
    individual, and the Commission shall have determined that
    permitting such person to have access to Restricted Data will not
    endanger the common defense and security.
    (b) Employment of personnel; access to Restricted Data
      Except as authorized by the Commission or the General Manager
    upon a determination by the Commission or General Manager that such
    action is clearly consistent with the national interest, no
    individual shall be employed by the Commission nor shall the
    Commission permit any individual to have access to Restricted Data
    until the Director of the Office of Personnel Management shall have
    made an investigation and report to the Commission on the
    character, associations, and loyalty of such individual, and the
    Commission shall have determined that permitting such person to
    have access to Restricted Data will not endanger the common defense
    and security.
    (c) Acceptance of investigation and clearance granted by other
      Government agencies
      In lieu of the investigation and report to be made by the
    Director of the Office of Personnel Management pursuant to
    subsection (b) of this section, the Commission may accept an
    investigation and report on the character, associations, and
    loyalty of an individual made by another Government agency which
    conducts personnel security investigations, provided that a
    security clearance has been granted to such individual by another
    Government agency based on such investigation and report.
    (d) Investigations by FBI
      In the event an investigation made pursuant to subsections (a)
    and (b) of this section develops any data reflecting that the
    individual who is the subject of the investigation is of
    questionable loyalty, the Director of the Office of Personnel
    Management shall refer the matter to the Federal Bureau of
    Investigation for the conduct of a full field investigation, the
    results of which shall be furnished to the Director of the Office
    of Personnel Management for his information and appropriate action.
    (e) Presidential investigation
      (1) If the President deems it to be in the national interest he
    may from time to time determine that investigations of any group or
    class which are required by subsections (a), (b), and (c) of this
    section be made by the Federal Bureau of Investigation.
      (2) In the case of an individual employed in a program known as a
    Special Access Program, any investigation required by subsections
    (a), (b), and (c) of this section shall be made by the Federal
    Bureau of Investigation.
    (f) Performance of personnel security investigations by FBI
      (1) Notwithstanding the provisions of subsections (a), (b), and
    (c) of this section, but subject to subsection (e) of this section,
    a majority of the members of the Commission may direct that an
    investigation required by such provisions on an individual
    described in paragraph (2) be carried out by the Federal Bureau of
    Investigation rather than by the Civil Service Commission.
      (2) An individual described in this paragraph is an individual
    who is employed - 
        (A) in a program certified by a majority of the members of the
      Commission to be of a high degree of importance or sensitivity;
      or
        (B) in any other specific position certified by a majority of
      the members of the Commission to be of a high degree of
      importance or sensitivity.
    (g) Investigation standards
      The Commission shall establish standards and specifications in
    writing as to the scope and extent of investigations, the reports
    of which will be utilized by the Commission in making the
    determination, pursuant to subsections (a), (b), and (c) of this
    section, that permitting a person access to restricted data will
    not endanger the common defense and security. Such standards and
    specifications shall be based on the location and class or kind of
    work to be done, and shall, among other considerations, take into
    account the degree of importance to the common defense and security
    of the restricted data to which access will be permitted.
    (h) War time clearance
      Whenever the Congress declares that a state of war exists, or in
    the event of a national disaster due to enemy attack, the
    Commission is authorized during the state of war or period of
    national disaster due to enemy attack to employ individuals and to
    permit individuals access to Restricted Data pending the
    investigation report, and determination required by subsection (b)
    of this section, to the extent that and so long as the Commission
    finds that such action is required to prevent impairment of its
    activities in furtherance of the common defense and security.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 145, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 942; amended Pub. L. 85-681, Sec. 5,
    Aug. 19, 1958, 72 Stat. 633; Pub. L. 87-206, Sec. 6, Sept. 6, 1961,
    75 Stat. 476; Pub. L. 87-615, Sec. 10, Aug. 29, 1962, 76 Stat. 411;
    1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037,
    92 Stat. 3783; renumbered title I, Pub. L. 102-486, title IX, Sec.
    902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 106-65, div. C,
    title XXXI, Sec. 3144(a), Oct. 5, 1999, 113 Stat. 934; Pub. L. 108-
    136, div. C, title XXXI, Sec. 3131, Nov. 24, 2003, 117 Stat.
    1749.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1810(b)(5) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      2003 - Subsec. (e)(2). Pub. L. 108-136, Sec. 3131(b), struck out
    "or a Personnel Security and Assurance Program" after "Special
    Access Program".
      Subsec. (f). Pub. L. 108-136, Sec. 3131(a), amended text of
    subsec. (f) generally. Prior to amendment, text read as follows:
    "Notwithstanding the provisions of subsections (a), (b), and (c) of
    this section, a majority of the members of the Commission shall
    certify those specific positions which are of a high degree of
    importance or sensitivity, and upon such certification, the
    investigation and reports required by such provisions shall be made
    by the Federal Bureau of Investigation."
      1999 - Subsec. (e). Pub. L. 106-65 designated existing provisions
    as par. (1) and added par. (2).
      1962 - Subsec. (f). Pub. L. 87-615 struck out the comma after
    "investigation".
      1961 - Subsecs. (c), (d). Pub. L. 87-206 added subsec. (c) and
    redesignated former subsecs. (c) and (d) as (d) and (e),
    respectively.
      Subsec. (e). Pub. L. 87-206 redesignated former subsec. (d) as
    (e) and amended provisions by substituting "determine that" for
    "cause investigations", inserting reference to subsection (c) of
    this section and striking out "instead of by the Civil Service
    Commission" after "Federal Bureau of Investigation". Former subsec.
    (e) redesignated (f).
      Subsec. (f). Pub. L. 87-206 redesignated former subsec. (e) as
    (f) and amended provisions by inserting reference to subsection (c)
    of this section and striking out "instead of by the Civil Service
    Commission" after "Federal Bureau of Investigation". Former subsec.
    (f) redesignated (g).
      Subsecs. (g), (h). Pub. L. 87-206 redesignated former subsec. (f)
    as (g) and amended provisions by substituting ", the reports of
    which will be utilized by the Commission in making the
    determination, pursuant to subsections (a), (b), and (c) of this
    section, that permitting a person access to restricted data will
    not endanger the common defense and security" for "to be made by
    the Civil Service Commission pursuant to subsections (a) and (b) of
    this section." Former subsec. (g) redesignated (h).
      1958 - Subsec. (g). Pub. L. 85-681 added subsec. (g).

                    IMPLEMENTATION OF SUBSECTION (E)(2)                
      Pub. L. 106-65, div. C, title XXXI, Sec. 3144(b), (c), Oct. 5,
    1999, 113 Stat. 934, provided that:
      "(b) Compliance. - The Director of the Federal Bureau of
    Investigation shall have 18 months from the date of the enactment
    of this Act [Oct. 5, 1999] to meet the responsibilities of the
    Bureau under subsection e.(2) of section 145 of the Atomic Energy
    Act of 1954 [42 U.S.C. 2165(e)(2)], as added by subsection (a).
      "(c) Report. - (1) Not later than six months after the date of
    the enactment of this Act, the Director of the Federal Bureau of
    Investigation shall submit to the committees specified in paragraph
    (2) a report on the implementation of the responsibilities of the
    Bureau under subsection e.(2) of that section. That report shall
    include the following:
        "(A) An assessment of the capability of the Bureau to execute
      the additional clearance requirements, to include additional post-
      initial investigations.
        "(B) An estimate of the additional resources required, to
      include funding, to support the expanded use of the Bureau to
      conduct the additional investigations.
        "(C) The extent to which contractor personnel are and would be
      used in the clearance process.
      "(2) The committees referred to in paragraph (1) are the
    following:
        "(A) The Committee on Armed Services and the Select Committee
      on Intelligence of the Senate.
        "(B) The Committee on Armed Services and the Permanent Select
      Committee on Intelligence of the House of Representatives."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Office of Personnel Management" and "his"
    substituted for "Civil Service Commission" and "its", respectively,
    in subsecs. (a) to (d), pursuant to Reorg. Plan No. 2 of 1978, Sec.
    102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of
    Title 5, Government Organization and Employees, which transferred
    all functions vested by statute in United States Civil Service
    Commission to Director of Office of Personnel Management (except as
    otherwise specified), effective Jan. 1, 1979, as provided by
    section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055,
    set out under section 1101 of Title 5.
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2166                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-
    Sec. 2166. Applicability of other laws

-STATUTE-
      (a) Sections 2161 to 2165 of this title shall not exclude the
    applicable provisions of any other laws, except that no Government
    agency shall take any action under such other laws inconsistent
    with the provisions of those sections.
      (b) The Commission shall have no power to control or restrict the
    dissemination of information other than as granted by this or any
    other law.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 146, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 943; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1810(b)(6) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2167                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-
    Sec. 2167. Safeguards information

-STATUTE-
    (a) Confidentiality of certain types of information; issuance of
      regulations and orders; considerations for exercise of
      Commission's authority; disclosure of routes and quantities of
      shipment; civil penalties; withholding of information from
      Congressional committees
      In addition to any other authority or requirement regarding
    protection from disclosure of information, and subject to
    subsection (b)(3) of section 552 of title 5, the Commission shall
    prescribe such regulations, after notice and opportunity for public
    comment, or issue such orders, as necessary to prohibit the
    unauthorized disclosure of safeguards information which
    specifically identifies a licensee's or applicant's detailed - 
        (1) control and accounting procedures or security measures
      (including security plans, procedures, and equipment) for the
      physical protection of special nuclear material, by whomever
      possessed, whether in transit or at fixed sites, in quantities
      determined by the Commission to be significant to the public
      health and safety or the common defense and security;
        (2) security measures (including security plans, procedures,
      and equipment) for the physical protection of source material or
      byproduct material, by whomever possessed, whether in transit or
      at fixed sites, in quantities determined by the Commission to be
      significant to the public health and safety or the common defense
      and security; or
        (3) security measures (including security plans, procedures,
      and equipment) for the physical protection of and the location of
      certain plant equipment vital to the safety of production or
      utilization facilities involving nuclear materials covered by
      paragraphs (1) and (2) (!1)

    if the unauthorized disclosure of such information could reasonably
    be expected to have a significant adverse effect on the health and
    safety of the public or the common defense and security by
    significantly increasing the likelihood of theft, diversion, or
    sabotage of such material or such facility. The Commission shall
    exercise the authority of this subsection - 
        (A) so as to apply the minimum restrictions needed to protect
      the health and safety of the public or the common defense and
      security, and
        (B) upon a determination that the unauthorized disclosure of
      such information could reasonably be expected to have a
      significant adverse effect on the health and safety of the public
      or the common defense and security by significantly increasing
      the likelihood of theft, diversion, or sabotage of such material
      or such facility.

    Nothing in this chapter shall authorize the Commission to prohibit
    the public disclosure of information pertaining to the routes and
    quantities of shipments of source material, by-product material,
    high level nuclear waste, or irradiated nuclear reactor fuel. Any
    person, whether or not a licensee of the Commission, who violates
    any regulation adopted under this section shall be subject to the
    civil monetary penalties of section 2282 of this title. Nothing in
    this section shall be construed to authorize the withholding of
    information from the duly authorized committees of the Congress.
    (b) Regulations or orders issued under this section and section
      2201(b) of this title for purposes of section 2273 of this title
      For the purposes of section 2273 of this title, any regulations
    or orders prescribed or issued by the Commission under this section
    shall also be deemed to be prescribed or issued under section
    2201(b) of this title.
    (c) Judicial review
      Any determination by the Commission concerning the applicability
    of this section shall be subject to judicial review pursuant to
    subsection (a)(4)(B) of section 552 of title 5.
    (d) Reports to Congress; contents
      Upon prescribing or issuing any regulation or order under
    subsection (a) of this section, the Commission shall submit to
    Congress a report that:
        (1) specifically identifies the type of information the
      Commission intends to protect from disclosure under the
      regulation or order;
        (2) specifically states the Commission's justification for
      determining that unauthorized disclosure of the information to be
      protected from disclosure under the regulation or order could
      reasonably be expected to have a significant adverse effect on
      the health and safety of the public or the common defense and
      security by significantly increasing the likelihood of theft,
      diversion, or sabotage of such material or such facility, as
      specified under subsection (a) of this section; and
        (3) provides justification, including proposed alternative
      regulations or orders, that the regulation or order applies only
      the minimum restrictions needed to protect the health and safety
      of the public or the common defense and security.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 147, as added Pub. L. 96-295,
    title II, Sec. 207(a)(1), June 30, 1980, 94 Stat. 788; renumbered
    title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
    106 Stat. 2944.)

-COD-
                               CODIFICATION                           
      Subsection (e) of this section, which required the Commission to
    submit to Congress on a quarterly basis a report detailing the
    Commission's application during that period of every regulation or
    order prescribed or issued under this section, terminated,
    effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,
    as amended, set out as a note under section 1113 of Title 31, Money
    and Finance. See, also, item 7 on page 186 of House Document No.
    103-7.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by a semicolon.

-End-

-CITE-
    42 USC Sec. 2168                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-
    Sec. 2168. Dissemination of unclassified information

-STATUTE-
    (a) Dissemination prohibited; rules and regulations; determinations
      of Secretary prerequisite to issuance of prohibiting regulations
      or orders; criteria
      (1) In addition to any other authority or requirement regarding
    protection from dissemination of information, and subject to
    section 552(b)(3) of title 5, the Secretary of Energy (hereinafter
    in this section referred to as the "Secretary"), with respect to
    atomic energy defense programs, shall prescribe such regulations,
    after notice and opportunity for public comment thereon, or issue
    such orders as may be necessary to prohibit the unauthorized
    dissemination of unclassified information pertaining to - 
        (A) the design of production facilities or utilization
      facilities;
        (B) security measures (including security plans, procedures,
      and equipment) for the physical protection of (i) production or
      utilization facilities, (ii) nuclear material contained in such
      facilities, or (iii) nuclear material in transit; or
        (C) the design, manufacture, or utilization of any atomic
      weapon or component if the design, manufacture, or utilization of
      such weapon or component was contained in any information
      declassified or removed from the Restricted Data category by the
      Secretary (or the head of the predecessor agency of the
      Department of Energy) pursuant to section 2162 of this title.

      (2) The Secretary may prescribe regulations or issue orders under
    paragraph (1) to prohibit the dissemination of any information
    described in such paragraph only if and to the extent that the
    Secretary determines that the unauthorized dissemination of such
    information could reasonably be expected to have a significant
    adverse effect on the health and safety of the public or the common
    defense and security by significantly increasing the likelihood of
    (A) illegal production of nuclear weapons, or (B) theft, diversion,
    or sabotage of nuclear materials, equipment, or facilities.
      (3) In making a determination under paragraph (2), the Secretary
    may consider what the likelihood of an illegal production, theft,
    diversion, or sabotage referred to in such paragraph would be if
    the information proposed to be prohibited from dissemination under
    this section were at no time available for dissemination.
      (4) The Secretary shall exercise his authority under this
    subsection to prohibit the dissemination of any information
    described in paragraph (1) of this subsection - 
        (A) so as to apply the minimum restrictions needed to protect
      the health and safety of the public or the common defense and
      security; and
        (B) upon a determination that the unauthorized dissemination of
      such information could reasonably be expected to result in a
      significant adverse effect on the health and safety of the public
      or the common defense and security by significantly increasing
      the likelihood of (i) illegal production of nuclear weapons, or
      (ii) theft, diversion, or sabotage of nuclear materials,
      equipment, or facilities.

      (5) Nothing in this section shall be construed to authorize the
    Secretary to authorize the withholding of information from the
    appropriate committees of the Congress.
    (b) Civil penalties
      (1) Any person who violates any regulation or order of the
    Secretary issued under this section with respect to the
    unauthorized dissemination of information shall be subject to a
    civil penalty, to be imposed by the Secretary, of not to exceed
    $100,000 for each such violation. The Secretary may compromise,
    mitigate, or remit any penalty imposed under this subsection.
      (2) The provisions of subsections (b) and (c) of section 2282 of
    this title, shall be applicable with respect to the imposition of
    civil penalties by the Secretary under this section in the same
    manner that such provisions are applicable to the imposition of
    civil penalties by the Commission under subsection (a) of such
    section.
    (c) Criminal penalties
      For the purposes of section 2273 of this title, any regulation
    prescribed or order issued by the Secretary under this section
    shall also be deemed to be prescribed or issued under section
    2201(b) of this title.
    (d) Judicial review
      Any determination by the Secretary concerning the applicability
    of this section shall be subject to judicial review pursuant to
    section 552(a)(4)(B) of title 5.
    (e) Quarterly reports for interested persons; contents
      The Secretary shall prepare on a quarterly basis a report to be
    made available upon the request of any interested person, detailing
    the Secretary's application during that period of each regulation
    or order prescribed or issued under this section. In particular,
    such report shall - 
        (1) identify any information protected from disclosure pursuant
      to such regulation or order;
        (2) specifically state the Secretary's justification for
      determining that unauthorized dissemination of the information
      protected from disclosure under such regulation or order could
      reasonably be expected to have a significant adverse effect on
      the health and safety of the public or the common defense and
      security by significantly increasing the likelihood of illegal
      production of nuclear weapons, or theft, diversion, or sabotage
      of nuclear materials, equipment, or facilities, as specified
      under subsection (a) of this section; and
        (3) provide justification that the Secretary has applied such
      regulation or order so as to protect from disclosure only the
      minimum amount of information necessary to protect the health and
      safety of the public or the common defense and security.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 148, as added Pub. L. 97-90,
    title II, Sec. 210(a)(1), Dec. 4, 1981, 95 Stat. 1169; amended Pub.
    L. 97-415, Sec. 17, Jan. 4, 1983, 96 Stat. 2076; renumbered title
    I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106
    Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1983 - Subsec. (a)(1). Pub. L. 97-415, Sec. 17(a), inserted ",
    with respect to atomic energy defense programs," after
    "(hereinafter in this section referred to as the 'Secretary')".
      Subsecs. (d), (e). Pub. L. 97-415, Sec. 17(b), added subsecs. (d)
    and (e).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2169                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XI - CONTROL OF INFORMATION

-HEAD-
    Sec. 2169. Fingerprinting for criminal history record checks

-STATUTE-
    (a) In general
      (1)(A)(i) The Commission shall require each individual or entity
    described in clause (ii) to fingerprint each individual described
    in subparagraph (B) before the individual described in subparagraph
    (B) is permitted access under subparagraph (B).
      (ii) The individuals and entities referred to in clause (i) are
    individuals and entities that, on or before the date on which an
    individual is permitted access under subparagraph (B) - 
        (I) are licensed or certified to engage in an activity subject
      to regulation by the Commission;
        (II) have filed an application for a license or certificate to
      engage in an activity subject to regulation by the Commission; or
        (III) have notified the Commission in writing of an intent to
      file an application for licensing, certification, permitting, or
      approval of a product or activity subject to regulation by the
      Commission.

      (B) The Commission shall require to be fingerprinted any
    individual who - 
        (i) is permitted unescorted access to - 
          (I) a utilization facility; or
          (II) radioactive material or other property subject to
        regulation by the Commission that the Commission determines to
        be of such significance to the public health and safety or the
        common defense and security as to warrant fingerprinting and
        background checks; or

        (ii) is permitted access to safeguards information under
      section 2167 of this title.

      (2) All fingerprints obtained by an individual or entity as
    required in paragraph (1) shall be submitted to the Attorney
    General of the United States through the Commission for
    identification and a criminal history records check.
      (3) The costs of an identification or records check under
    paragraph (2) shall be paid by the individual or entity required to
    conduct the fingerprinting under paragraph (1)(A).
      (4) Notwithstanding any other provision of law - 
        (A) the Attorney General may provide any result of an
      identification or records check under paragraph (2) to the
      Commission; and
        (B) the Commission, in accordance with regulations prescribed
      under this section, may provide the results to the individual or
      entity required to conduct the fingerprinting under paragraph
      (1)(A).
    (b) Waiver
      The Commission, by rule, may relieve persons from the obligations
    imposed by this section, upon specified terms, conditions, and
    periods, if the Commission finds that such action is consistent
    with its obligations to promote the common defense and security and
    to protect the health and safety of the public.
    (c) Regulations
      For purposes of administering this section, the Commission shall
    prescribe requirements - 
        (1) to implement procedures for the taking of fingerprints;
        (2) to establish the conditions for use of information received
      from the Attorney General, in order - 
          (A) to limit the redissemination of such information;
          (B) to ensure that such information is used solely for the
        purpose of determining whether an individual shall be permitted
        unescorted access to a utilization facility, radioactive
        material, or other property described in subsection (a)(1)(B)
        of this section or shall be permitted access to safeguards
        information under section 2167 of this title;
          (C) to ensure that no final determination may be made solely
        on the basis of information provided under this section
        involving - 
            (i) an arrest more than 1 year old for which there is no
          information of the disposition of the case; or
            (ii) an arrest that resulted in dismissal of the charge or
          an acquittal; and

          (D) to protect individuals subject to fingerprinting under
        this section from misuse of the criminal history records; and

        (3) to provide each individual subject to fingerprinting under
      this section with the right to complete, correct, and explain
      information contained in the criminal history records prior to
      any final adverse determination.
    (d) Use of biometric methods
      The Commission may require a person or individual to conduct
    fingerprinting under subsection (a)(1) of this section by
    authorizing or requiring the use of any alternative biometric
    method for identification that has been approved by - 
        (1) the Attorney General; and
        (2) the Commission, by regulation.
    (e) Processing fees; use of amounts collected
      (1) The Commission may establish and collect fees to process
    fingerprints and criminal history records under this section.
      (2) Notwithstanding section 3302(b) of title 31, and to the
    extent approved in appropriation Acts - 
        (A) a portion of the amounts collected under this subsection in
      any fiscal year may be retained and used by the Commission to
      carry out this section; and
        (B) the remaining portion of the amounts collected under this
      subsection in such fiscal year may be transferred periodically to
      the Attorney General and used by the Attorney General to carry
      out this section.

      (3) Any amount made available for use under paragraph (2) shall
    remain available until expended.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 149, as added Pub. L. 99-399,
    title VI, Sec. 606(a), Aug. 27, 1986, 100 Stat. 876; renumbered
    title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
    106 Stat. 2944; Pub. L. 109-58, title VI, Sec. 652, Aug. 8, 2005,
    119 Stat. 810.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-58, Sec. 652(1), revised and
    restructured provisions of subsec. (a). Prior to amendment, subsec.
    (a) read as follows: "The Nuclear Regulatory Commission (in this
    section referred to as the 'Commission') shall require each
    licensee or applicant for a license to operate a utilization
    facility under section 2133 or 2134(b) of this title to fingerprint
    each individual who is permitted unescorted access to the facility
    or is permitted access to safeguards information under section 2167
    of this title. All fingerprints obtained by a licensee or applicant
    as required in the preceding sentence shall be submitted to the
    Attorney General of the United States through the Commission for
    identification and a criminal history records check. The costs of
    any identification and records check conducted pursuant to the
    preceding sentence shall be paid by the licensee or applicant.
    Notwithstanding any other provision of law, the Attorney General
    may provide all the results of the search to the Commission, and,
    in accordance with regulations prescribed under this section, the
    Commission may provide such results to the licensee or applicant
    submitting such fingerprints." Amendment by Pub. L. 109-58, Sec.
    652(1)(D), which misquoted the sentence to be stricken by leaving
    out the word "the" before "licensee", was nevertheless executed to
    reflect the probable intent of Congress.
      Subsec. (c). Pub. L. 109-58, Sec. 652(2)(A), substituted
    "requirements - " for ", subject to public notice and comment,
    regulations - " in introductory provisions.
      Subsec. (c)(2)(B). Pub. L. 109-58, Sec. 652(2)(B), substituted
    "unescorted access to a utilization facility, radioactive material,
    or other property described in subsection (a)(1)(B) of this
    section" for "unescorted access to the facility of a licensee or
    applicant".
      Subsecs. (d), (e). Pub. L. 109-58, Sec. 652(3), (4), added
    subsec. (d) and redesignated former subsec. (d) as (e).

                              EFFECTIVE DATE                          
      Section 606(b) of Pub. L. 99-399 provided that: "The provisions
    of subsection a. of section 149 of the Atomic Energy Act of 1954
    [subsec. (a) of this section], as added by this Act, shall take
    effect upon the promulgation of regulations by the Nuclear
    Regulatory Commission as set forth in subsection c. of such section
    [subsec. (c) of this section]. Such regulations shall be
    promulgated not later than 6 months after the date of the enactment
    of this Act [Aug. 27, 1986]."

-End-

-CITE-
    42 USC SUBCHAPTER XII - PATENTS AND INVENTIONS              01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-
                  SUBCHAPTER XII - PATENTS AND INVENTIONS              

-End-

-CITE-
    42 USC Sec. 2181                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-
    Sec. 2181. Inventions relating to atomic weapons, and filing of
      reports

-STATUTE-
    (a) Denial of patent; revocation of prior patents
      No patent shall hereafter be granted for any invention or
    discovery which is useful solely in the utilization of special
    nuclear material or atomic energy in an atomic weapon. Any patent
    granted for any such invention or discovery is revoked, and just
    compensation shall be made therefor.
    (b) Denial of rights; revocation of prior rights
      No patent hereafter granted shall confer any rights with respect
    to any invention or discovery to the extent that such invention or
    discovery is used in the utilization of special nuclear material or
    atomic energy in atomic weapons. Any rights conferred by any patent
    heretofore granted for any invention or discovery are revoked to
    the extent that such invention or discovery is so used, and just
    compensation shall be made therefor.
    (c) Report of invention to Under Secretary of Commerce for
      Intellectual Property and Director of the United States Patent
      and Trademark Office
      Any person who has made or hereafter makes any invention or
    discovery useful in the production or utilization of special
    nuclear material or atomic energy, shall file with the Commission a
    report containing a complete description thereof unless such
    invention or discovery is described in an application for a patent
    filed with the Under Secretary of Commerce for Intellectual
    Property and Director of the United States Patent and Trademark
    Office by such person within the time required for the filing of
    such report. The report covering any such invention or discovery
    shall be filed on or before the one hundred and eightieth day after
    such person first discovers or first has reason to believe that
    such invention or discovery is useful in such production or
    utilization.
    (d) Report to Commission by Under Secretary of Commerce for
      Intellectual Property and Director of the United States Patent
      and Trademark Office
      The Under Secretary of Commerce for Intellectual Property and
    Director of the United States Patent and Trademark Office shall
    notify the Commission of all applications for patents heretofore or
    hereafter filed which, in his opinion, disclose inventions or
    discoveries required to be reported under subsection (c) of this
    section, and shall provide the Commission access to all such
    applications.
    (e) Confidential information; circumstances permitting disclosure
      Reports filed pursuant to subsection (c) of this section, and
    applications to which access is provided under subsection (d) of
    this section, shall be kept in confidence by the Commission, and no
    information concerning the same given without authority of the
    inventor or owner unless necessary to carry out the provisions of
    any Act of Congress or in such special circumstances as may be
    determined by the Commission.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 151, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 943; amended Pub. L. 87-206, Secs. 7-9,
    Sept. 6, 1961, 75 Stat. 477; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
    106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(18)], Nov.
    29, 1999, 113 Stat. 1536, 1501A-585.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1811(a) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      1999 - Subsecs. (c), (d). Pub. L. 106-113 substituted "Under
    Secretary of Commerce for Intellectual Property and Director of the
    United States Patent and Trademark Office" for "Commissioner of
    Patents".
      1961 - Pub. L. 87-206, Sec. 7, substituted provision concerning
    inventions relating to atomic weapons and filing of reports for
    provision relating to military utilization in section catchline.
      Subsec. (c). Pub. L. 87-206, Sec. 8, struck out designation as
    cl. (1) of provision relating to production or utilization of
    special nuclear material or atomic energy and cls. (2) and (3)
    relating to utilization of special nuclear material in an atomic
    weapon and utilization of atomic energy in an atomic weapon,
    respectively, and substituted "the one hundred and eightieth day"
    for "whichever of the following is the later: either the ninetieth
    day after completion of such invention or discovery; or the
    ninetieth day".
      Subsec. (e). Pub. L. 87-206, Sec. 9, added subsec. (e).

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
    1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-
    113, set out as a note under section 1 of Title 35, Patents.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-MISC2-
      EMERGENCY RELIEF FROM POSTAL SITUATION AFFECTING ATOMIC ENERGY
                                   CASES
      Excusal of delayed fees or actions affected by postal situation
    beginning on Mar. 18, 1970, and ending on or about Mar. 30, 1970,
    see note set out under section 111 of Title 35, Patents.

-End-

-CITE-
    42 USC Sec. 2182                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-
    Sec. 2182. Inventions conceived during Commission contracts;
      ownership; waiver; hearings

-STATUTE-
      Any invention or discovery, useful in the production or
    utilization of special nuclear material or atomic energy, made or
    conceived in the course of or under any contract, subcontract, or
    arrangement entered into with or for the benefit of the Commission,
    regardless of whether the contract, subcontract, or arrangement
    involved the expenditure of funds by the Commission, shall be
    vested in, and be the property of, the Commission, except that the
    Commission may waive its claim to any such invention or discovery
    under such circumstances as the Commission may deem appropriate,
    consistent with the policy of this section. No patent for any
    invention or discovery, useful in the production or utilization of
    special nuclear material or atomic energy, shall be issued unless
    the applicant files with the application, or within thirty days
    after request therefor by the Under Secretary of Commerce for
    Intellectual Property and Director of the United States Patent and
    Trademark Office (unless the Commission advises the Under Secretary
    of Commerce for Intellectual Property and Director of the United
    States Patent and Trademark Office that its rights have been
    determined and that accordingly no statement is necessary) a
    statement under oath setting forth the full facts surrounding the
    making or conception of the invention or discovery described in the
    application and whether the invention or discovery was made or
    conceived in the course of or under any contract, subcontract, or
    arrangement entered into with or for the benefit of the Commission,
    regardless of whether the contract, subcontract, or arrangement
    involved the expenditure of funds by the Commission. The Under
    Secretary of Commerce for Intellectual Property and Director of the
    United States Patent and Trademark Office shall as soon as the
    application is otherwise in condition for allowance forward copies
    of the application and the statement to the Commission.
      The Under Secretary of Commerce for Intellectual Property and
    Director of the United States Patent and Trademark Office may
    proceed with the application and issue the patent to the applicant
    (if the invention or discovery is otherwise patentable) unless the
    Commission, within 90 days after receipt of copies of the
    application and statement, directs the Under Secretary of Commerce
    for Intellectual Property and Director of the United States Patent
    and Trademark Office to issue the patent to the Commission (if the
    invention or discovery is otherwise patentable) to be held by the
    Commission as the agent of and on behalf of the United States.
      If the Commission files such a direction with the Under Secretary
    of Commerce for Intellectual Property and Director of the United
    States Patent and Trademark Office, and if the applicant's
    statement claims, and the applicant still believes, that the
    invention or discovery was not made or conceived in the course of
    or under any contract, subcontract or arrangement entered into with
    or for the benefit of the Commission entitling the Commission to
    the title to the application or the patent the applicant may,
    within 30 days after notification of the filing of such a
    direction, request a hearing before the Board of Patent Appeals and
    Interferences. The Board shall have the power to hear and determine
    whether the Commission was entitled to the direction filed with the
    Under Secretary of Commerce for Intellectual Property and Director
    of the United States Patent and Trademark Office. The Board shall
    follow the rules and procedures established for interference cases
    and an appeal may be taken by either the applicant or the
    Commission from the final order of the Board to the United States
    Court of Appeals for the Federal Circuit in accordance with the
    procedures governing the appeals from the Board of Patent Appeals
    and Interferences.
      If the statement filed by the applicant should thereafter be
    found to contain false material statements any notification by the
    Commission that it has no objections to the issuance of a patent to
    the applicant shall not be deemed in any respect to constitute a
    waiver of the provisions of this section or of any applicable civil
    or criminal statute, and the Commission may have the title to the
    patent transferred to the Commission on the records of the Under
    Secretary of Commerce for Intellectual Property and Director of the
    United States Patent and Trademark Office in accordance with the
    provisions of this section. A determination of rights by the
    Commission pursuant to a contractual provision or other arrangement
    prior to the request of the Under Secretary of Commerce for
    Intellectual Property and Director of the United States Patent and
    Trademark Office for the statement, shall be final in the absence
    of false material statements or nondisclosure of material facts by
    the applicant.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 152, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 944; amended Pub. L. 87-206, Sec. 10,
    Sept. 6, 1961, 75 Stat. 477; Pub. L. 87-615, Sec. 11, Aug. 29,
    1962, 76 Stat. 411; Pub. L. 97-164, title I, Sec. 162(2), Apr. 2,
    1982, 96 Stat. 49; Pub. L. 98-622, title II, Sec. 205(b), Nov. 8,
    1984, 98 Stat. 3388; renumbered title I, Pub. L. 102-486, title IX,
    Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 106-113,
    div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(19)], Nov. 29,
    1999, 113 Stat. 1536, 1501A-585.)

-MISC1-
                                AMENDMENTS                            
      1999 - Pub. L. 106-113 substituted "Under Secretary of Commerce
    for Intellectual Property and Director of the United States Patent
    and Trademark Office" for "Commissioner of Patents" wherever
    appearing.
      1984 - Pub. L. 98-622, in third par., substituted "the Board of
    Patent Appeals and Interferences" for "a Board of Patent
    Interferences" and "the Board of Patent Interferences".
      1982 - Pub. L. 97-164 substituted "United States Court of Appeals
    for the Federal Circuit" for "Court of Customs and Patent Appeals"
    in third par.
      1962 - Pub. L. 87-615 substituted "allowance" for "allowances"
    before "forward copies of the application" in first par.
      1961 - Pub. L. 87-206 clarified language concerning Commission's
    patent rights on inventions made or conceived under contract,
    subcontract, or arrangement with Commission, striking out language
    extending Commission's patent rights to other relationships and
    activities in connection with Commission contracts, provided for
    waiver of patent rights consistent with the policy of this section
    and for finality of determinations of Commission, and dispensed
    with need for statement to Commissioner of Patents under certain
    circumstances.

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
    1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-
    113, set out as a note under section 1 of Title 35, Patents.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-622, effective three months after Nov. 8,
    1984, see section 207 of Pub. L. 98-622, set out as a note under
    section 41 of Title 35, Patents.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
    402 of Pub. L. 97-164, set out as a note under section 171 of Title
    28, Judiciary and Judicial Procedure.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-End-

-CITE-
    42 USC Sec. 2183                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-
    Sec. 2183. Nonmilitary utilization

-STATUTE-
    (a) Declaration of public interest
      The Commission may, after giving the patent owner an opportunity
    for a hearing, declare any patent to be affected with the public
    interest if (1) the invention or discovery covered by the patent is
    of primary importance in the production or utilization of special
    nuclear material or atomic energy; and (2) the licensing of such
    invention or discovery under this section is of primary importance
    to effectuate the policies and purposes of this chapter.
    (b) Action by Commission
      Whenever any patent has been declared affected with the public
    interest, pursuant to subsection (a) of this section - 
        (1) the Commission is licensed to use the invention or
      discovery covered by such patent in performing any of its powers
      under this chapter; and
        (2) any person may apply to the Commission for a nonexclusive
      patent license to use the invention or discovery covered by such
      patent, and the Commission shall grant such patent license to the
      extent that it finds that the use of the invention or discovery
      is of primary importance to the conduct of an activity by such
      person authorized under this chapter.
    (c) Application for patent
      Any person - 
        (1) who has made application to the Commission for a license
      under sections 2073, 2092, 2093, 2111, 2133 or 2134 of this
      title, or a permit or lease under section 2097 of this title;
        (2) to whom such license, permit, or lease has been issued by
      the Commission;
        (3) who is authorized to conduct such activities as such
      applicant is conducting or proposes to conduct under a general
      license issued by the Commission under sections 2092 or 2111 of
      this title; or
        (4) whose activities or proposed activities are authorized
      under section 2051 of this title,

    may at any time make application to the Commission for a patent
    license for the use of an invention or discovery useful in the
    production or utilization of special nuclear material or atomic
    energy covered by a patent. Each such application shall set forth
    the nature and purpose of the use which the applicant intends to
    make of the patent license, the steps taken by the applicant to
    obtain a patent license from the owner of the patent, and a
    statement of the effects, as estimated by the applicant, on the
    authorized activities which will result from failure to obtain such
    patent license and which will result from the granting of such
    patent license.
    (d) Hearings
      Whenever any person has made an application to the Commission for
    a patent license pursuant to subsection (c) of this section - 
        (1) the Commission, within 30 days after the filing of such
      application, shall make available to the owner of the patent all
      of the information contained in such application, and shall
      notify the owner of the patent of the time and place at which a
      hearing will be held by the Commission;
        (2) the Commission shall hold a hearing within 60 days after
      the filing of such application at a time and place designated by
      the Commission; and
        (3) in the event an applicant applies for two or more patent
      licenses, the Commission may, in its discretion, order the
      consolidation of such applications, and if the patents are owned
      by more than one owner, such owners may be made parties to one
      hearing.
    (e) Commission's findings
      If, after any hearing conducted pursuant to subsection (d) of
    this section, the Commission finds that - 
        (1) the invention or discovery covered by the patent is of
      primary importance in the production or utilization of special
      nuclear material or atomic energy;
        (2) the licensing of such invention or discovery is of primary
      importance to the conduct of the activities of the applicant;
        (3) the activities to which the patent license are proposed to
      be applied by such applicant are of primary importance to the
      furtherance of policies and purposes of this chapter; and
        (4) such applicant cannot otherwise obtain a patent license
      from the owner of the patent on terms which the Commission deems
      to be reasonable for the intended use of the patent to be made by
      such applicant,

    the Commission shall license the applicant to use the invention or
    discovery covered by the patent for the purposes stated in such
    application on terms deemed equitable by the Commission and
    generally not less fair than those granted by the patentee or by
    the Commission to similar licensees for comparable use.
    (f) Limitations on issuance of patent
      The Commission shall not grant any patent license pursuant to
    subsection (e) of this section for any other purpose than that
    stated in the application. Nor shall the Commission grant any
    patent license to any other applicant for a patent license on the
    same patent without an application being made by such applicant
    pursuant to subsection (c) of this section, and without separate
    notification and hearing as provided in subsection (d) of this
    section, and without a separate finding as provided in subsection
    (e) of this section.
    (g) Royalty fees
      The owner of the patent affected by a declaration or a finding
    made by the Commission pursuant to subsection (b) or (e) of this
    section shall be entitled to a reasonable royalty fee from the
    licensee for any use of an invention or discovery licensed by this
    section. Such royalty fee may be agreed upon by such owner and the
    patent licensee, or in the absence of such agreement shall be
    determined for each patent license by the Commission pursuant to
    section 2187(c) of this title.
    (h) Effective period
      The provisions of this section shall apply to any patent the
    application for which shall have been filed before September 1,
    1979.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 153, as added Aug. 20, 1954,
    ch. 1073, Sec. 1, 68 Stat. 945; amended Pub. L. 86-50, Sec. 114,
    June 23, 1959, 73 Stat. 87; Pub. L. 88-394, Sec. 1, Aug. 1, 1964,
    78 Stat. 376; Pub. L. 91-161, Sec. 1, Dec. 24, 1969, 83 Stat. 444;
    Pub. L. 93-377, Sec. 6, Aug. 17, 1974, 88 Stat. 475; renumbered
    title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
    106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1811(c)(1), (2) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      1974 - Subsec. (h). Pub. L. 93-377 substituted "September 1,
    1979" for "September 1, 1974".
      1969 - Subsec. (h). Pub. L. 91-161 substituted "September 1,
    1974" for "September 1, 1969".
      1964 - Subsec. (h). Pub. L. 88-394 substituted "September 1,
    1969" for "September 1, 1964".
      1959 - Subsec. (h). Pub. L. 86-50 substituted "September 1, 1964"
    for "September 1, 1959".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-End-

-CITE-
    42 USC Sec. 2184                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-
    Sec. 2184. Injunctions; measure of damages

-STATUTE-
      No court shall have jurisdiction or power to stay, restrain, or
    otherwise enjoin the use of any invention or discovery by a patent
    licensee, to the extent that such use is licensed by section
    2183(b) or 2183(e) of this title. If, in any action against such
    patent licensee, the court shall determine that the defendant is
    exercising such license, the measure of damages shall be the
    royalty fee determined pursuant to section 2187(c) of this title,
    together with such costs, interest, and reasonable attorney's fees
    as may be fixed by the court. If no royalty fee has been
    determined, the court shall stay the proceeding until the royalty
    fee is determined pursuant to section 2187(c) of this title. If any
    such patent licensee shall fail to pay such royalty fee, the
    patentee may bring an action in any court of competent jurisdiction
    for such royalty fee, together with such costs, interest, and
    reasonable attorney's fees as may be fixed by the court.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 154, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 946; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1811(c)(3) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-End-

-CITE-
    42 USC Sec. 2185                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-
    Sec. 2185. Prior art

-STATUTE-
      In connection with applications for patents covered by this
    subchapter, the fact that the invention or discovery was known or
    used before shall be a bar to the patenting of such invention or
    discovery even though such prior knowledge or use was under secrecy
    within the atomic energy program of the United States.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 155, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 947; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-End-

-CITE-
    42 USC Sec. 2186                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-
    Sec. 2186. Commission patent licenses

-STATUTE-
      The Commission shall establish standard specifications upon which
    it may grant a patent license to use any patent declared to be
    affected with the public interest pursuant to section 2183(a) of
    this title. Such a patent license shall not waive any of the other
    provisions of this chapter.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 156, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 947; amended Pub. L. 96-517, Sec. 7(a),
    Dec. 12, 1980, 94 Stat. 3027; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1980 - Pub. L. 96-517 substituted "patent declared to be
    affected" for "patent held by the Commission or declared to be
    affected".

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-517 effective July 1, 1981, but
    implementing regulations authorized to be issued earlier, see
    section 8(f) of Pub. L. 96-517, set out as a note under section 41
    of Title 35, Patents.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-End-

-CITE-
    42 USC Sec. 2187                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-
    Sec. 2187. Compensation, awards, and royalties

-STATUTE-
    (a) Patent Compensation Board
      The Commission shall designate a Patent Compensation Board to
    consider applications under this section. The members of the Board
    shall receive a per diem compensation for each day spent in
    meetings or conferences, and all members shall receive their
    necessary traveling or other expenses while engaged in the work of
    the Board. The members of the Board may serve as such without
    regard to the provisions of sections 281, 283, or 284 (!1) of title
    18, except in so far as such sections may prohibit any such member
    from receiving compensation in respect of any particular matter
    which directly involves the Commission or in which the Commission
    is directly interested.

    (b) Eligibility
      (1) Any owner of a patent licensed under section 2188 or 2183(b)
    or 2183(e) of this title, or any patent licensee thereunder may
    make application to the Commission for the determination of a
    reasonable royalty fee in accordance with such procedures as the
    Commission by regulation may establish.
      (2) Any person seeking to obtain the just compensation provided
    in section 2181 of this title shall make application therefor to
    the Commission in accordance with such procedures as the Commission
    may by regulation establish.
      (3) Any person making any invention or discovery useful in the
    production or utilization of special nuclear material or atomic
    energy, who is not entitled to compensation or a royalty therefor
    under this chapter and who has complied with the provisions of
    section 2181(c) of this title may make application to the
    Commission for, and the Commission may grant, an award. The
    Commission may also, after consultation with the General Advisory
    Committee, and with the approval of the President, grant an award
    for any especially meritorious contribution to the development,
    use, or control of atomic energy.
    (c) Standards
      (1) In determining a reasonable royalty fee as provided for in
    section 2183(b) or 2183(e) of this title, the Commission shall take
    into consideration (A) the advice of the Patent Compensation Board;
    (B) any defense, general or special, that might be pleaded by a
    defendant in an action for infringement; (C) the extent to which,
    if any, such patent was developed through federally financed
    research; and (D) the degree of utility, novelty, and importance of
    the invention or discovery, and may consider the cost to the owner
    of the patent of developing such invention or discovery or
    acquiring such patent.
      (2) In determining what constitutes just compensation as provided
    for in section 2181 of this title, or in determining the amount of
    any award under subsection (b)(3) of this section, the Commission
    shall take into account the considerations set forth in paragraph
    (1) of this subsection and the actual use of such invention or
    discovery. Such compensation may be paid by the Commission in
    periodic payments or in a lump sum.
    (d) Limitations
      Every application under this section shall be barred unless filed
    within six years after the date on which first accrues the right to
    such reasonable royalty fee, just compensation, or award for which
    such application is filed.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 157, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 947; amended Pub. L. 87-206, Sec. 11,
    Sept. 6, 1961, 75 Stat. 478; Pub. L. 93-276, title II, Sec. 201,
    May 10, 1974, 88 Stat. 119; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 281, 283, and 284 of title 18, referred to in subsec.
    (a), were repealed by Pub. L. 87-849, Sec. 2, Oct. 23, 1962, 76
    Stat. 1126, except as sections 281 and 283 apply to retired
    officers of the Armed Forces of the United States, and were
    supplanted by sections 203, 205, and 207, respectively, of Title
    18, Crimes and Criminal Procedures. For further details, see
    "Exemptions" note set out under section 203 of Title 18.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1811(e)(1) to (3) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      1974 - Subsec. (b)(3). Pub. L. 93-276 substituted "after
    consultation with the General Advisory Committee" for "upon the
    recommendation of the General Advisory Committee".
      1961 - Subsec. (d). Pub. L. 87-206 added subsec. (d).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. Patent Compensation Board
    established by this section transferred to Energy Research and
    Development Administration and functions of Atomic Energy
    Commission with respect thereto transferred to Administrator by
    section 5814(d) of this title. See, also, notes set out under
    sections 5814 and 5841 of this title. Energy Research and
    Development Administration terminated and functions vested by law
    in Administrator thereof transferred to Secretary of Energy (unless
    otherwise specifically provided) by sections 7151(a) and 7293 of
    this title.

-MISC2-
                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided for by law. See
    section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
    in the Appendix to Title 5, Government Organization and Employees.

-EXEC-
       EX. ORD. NO. 11477. AWARDS BY COMMISSION WITHOUT APPROVAL OF
                                 PRESIDENT
      Ex. Ord. No. 11477, eff. Aug. 7, 1969, 34 F.R. 12937, provided:
      By virtue of the authority vested in me by section 301 of title 3
    of the United States Code, and as President of the United States,
    it is ordered as follows:
      The Atomic Energy Commission is hereby designated and empowered,
    without approval, ratification, or other action by the President,
    to grant by the unanimous affirmative vote of all of its members
    not more than five awards in any calendar year, not exceeding the
    sum of $5,000 each, pursuant to the last sentence of section
    157b(3) of the Atomic Energy Act of 1954 (42 U.S.C. 2187(b)(3))
    which authorizes the Commission to grant awards for especially
    meritorious contributions to the development, use, or control of
    atomic energy.
                                                          Richard Nixon.

                 MODIFICATION OF EXECUTIVE ORDER NO. 11477             
      Ex. Ord. No. 11477, Aug. 7, 1969, 34 F.R. 12937, set out as a
    note above, when referring to functions of the Atomic Energy
    Commission is modified to provide that all such functions shall be
    exercised by the Secretary of Energy and the Nuclear Regulatory
    Commission, see section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3,
    1978, 43 F.R. 4957, set out as a note under section 7151 of this
    title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 2188                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-
    Sec. 2188. Monopolistic use of patents

-STATUTE-
      Whenever the owner of any patent hereafter granted for any
    invention or discovery of primary use in the utilization or
    production of special nuclear material or atomic energy is found by
    a court of competent jurisdiction to have intentionally used such
    patent in a manner so as to violate any of the antitrust laws
    specified in section 2135(a) of this title, there may be included
    in the judgment of the court, in its discretion and in addition to
    any other lawful sanctions, a requirement that such owner license
    such patent to any other licensee of the Commission who
    demonstrates a need therefor. If the court, at its discretion,
    deems that such licensee shall pay a reasonable royalty to the
    owner of the patent, the reasonable royalty shall be determined in
    accordance with section 2187 of this title.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 158, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 947; amended Pub. L. 87-206, Sec. 12,
    Sept. 6, 1961, 75 Stat. 478; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1961 - Pub. L. 87-206 made it discretionary, rather than
    mandatory, for the court to require payment of royalties by a
    licensee to the owner of a patent.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-End-

-CITE-
    42 USC Sec. 2189                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-
    Sec. 2189. Federally financed research

-STATUTE-
      Nothing in this chapter shall affect the right of the Commission
    to require that patents granted on inventions, made or conceived
    during the course of federally financed research or operations, be
    assigned to the United States.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 159, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 948; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-End-

-CITE-
    42 USC Sec. 2190                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XII - PATENTS AND INVENTIONS

-HEAD-
    Sec. 2190. Saving clause for prior patent applications

-STATUTE-
      Any patent application on which a patent was denied by the United
    States Patent and Trademark Office under sections 1811(a)(1),
    1811(a)(2), or 1811(b) (!1) of this title, and which is not
    prohibited by section 2181 or 2185 of this title may be reinstated
    upon application to the Commissioner of Patents and Trademarks
    within one year after August 30, 1954 and shall then be deemed to
    have been continuously pending since its original filing date:
    Provided, however, That no patent issued upon any patent
    application so reinstated shall in any way furnish a basis of claim
    against the Government of the United States.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 160, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 948; amended Pub. L. 93-596, Sec. 3,
    Jan. 2, 1975, 88 Stat. 1949; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 1811(a)(1), 1811(a)(2), and 1811(b) of this title,
    referred to in text, were omitted from the Code in the general
    amendment and renumbering of act Aug. 1, 1946 (which was classified
    to section 1801 et seq. of this title) by act Aug. 30, 1954, ch.
    1073, 68 Stat. 919.

-CHANGE-
                              CHANGE OF NAME                          
      Patent Office and Commissioner of Patents changed to Patent and
    Trademark Office and Commissioner of Patents and Trademarks,
    respectively, pursuant to Pub. L. 93-596, Sec. 3, Jan. 2, 1975, 88
    Stat. 1949, set out as a note under section 1 of Title 35, Patents.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION    01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
             SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION         

-End-

-CITE-
    42 USC Sec. 2201                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2201. General duties of Commission

-STATUTE-
      In the performance of its functions the Commission is authorized
    to - 
      (a) Establishment of advisory boards
        establish advisory boards to advise with and make
      recommendations to the Commission on legislation, policies,
      administration, research, and other matters, provided that the
      Commission issues regulations setting forth the scope, procedure,
      and limitations of the authority of each such board;
      (b) Standards governing use and possession of material
        establish by rule, regulation, or order, such standards and
      instructions to govern the possession and use of special nuclear
      material, source material, and byproduct material as the
      Commission may deem necessary or desirable to promote the common
      defense and security or to protect health or to minimize danger
      to life or property; in addition, the Commission shall prescribe
      such regulations or orders as may be necessary or desirable to
      promote the Nation's common defense and security with regard to
      control, ownership, or possession of any equipment or device, or
      important component part especially designed for such equipment
      or device, capable of separating the isotopes of uranium or
      enriching uranium in the isotope 235;
      (c) Studies and investigations
        make such studies and investigations, obtain such information,
      and hold such meetings or hearings as the Commission may deem
      necessary or proper to assist it in exercising any authority
      provided in this chapter, or in the administration or enforcement
      of this chapter, or any regulations or orders issued thereunder.
      For such purposes the Commission is authorized to administer
      oaths and affirmations, and by subpena to require any person to
      appear and testify, or to appear and produce documents, or both,
      at any designated place. Witnesses subpenaed under this
      subsection shall be paid the same fees and mileage as are paid
      witnesses in the district courts of the United States;
      (d) Employment of personnel
        appoint and fix the compensation of such officers and employees
      as may be necessary to carry out the functions of the Commission.
      Such officers and employees shall be appointed in accordance with
      the civil-service laws and their compensation fixed in accordance
      with chapter 51 and subchapter III of chapter 53 of title 5,
      except that, to the extent the Commission deems such action
      necessary to the discharge of its responsibilities, personnel may
      be employed and their compensation fixed without regard to such
      laws: Provided, however, That no officer or employee (except such
      officers and employees whose compensation is fixed by law, and
      scientific and technical personnel up to a limit of the highest
      rate of grade 18 of the General Schedule) whose position would be
      subject to chapter 51 and subchapter III of chapter 53 of title
      5, if such provisions were applicable to such position, shall be
      paid a salary at a rate in excess of the rate payable under such
      provisions for positions of equivalent difficulty or
      responsibility. Such rates of compensation may be adopted by the
      Commission as may be authorized by chapter 51 and subchapter III
      of chapter 53 of title 5, as of the same date such rates are
      authorized for positions subject to such provisions. The
      Commission shall make adequate provision for administrative
      review of any determination to dismiss any employee;
      (e) Acquisition of material, property, etc.; negotiation of
        commercial leases
        acquire such material, property, equipment, and facilities,
      establish or construct such buildings and facilities, and modify
      such buildings and facilities from time to time, as it may deem
      necessary, and construct, acquire, provide, or arrange for such
      facilities and services (at project sites where such facilities
      and services are not available) for the housing, health, safety,
      welfare, and recreation of personnel employed by the Commission
      as it may deem necessary, subject to the provisions of section
      2224 of this title: Provided, however, That in the communities
      owned by the Commission, the Commission is authorized to grant
      privileges, leases and permits upon adjusted terms which (at the
      time of the initial grant of any privilege grant, lease, or
      permit, or renewal thereof, or in order to avoid inequities or
      undue hardship prior to the sale by the United States of property
      affected by such grant) are fair and reasonable to responsible
      persons to operate commercial businesses without advertising and
      without advertising (!1) and without securing competitive bids,
      but taking into consideration, in addition to the price, and
      among other things (1) the quality and type of services required
      by the residents of the community, (2) the experience of each
      concession applicant in the community and its surrounding area,
      (3) the ability of the concession applicant to meet the needs of
      the community, and (4) the contribution the concession applicant
      has made or will make to the other activities and general welfare
      of the community;

      (f) Utilization of other Federal agencies
        with the consent of the agency concerned, utilize or employ the
      services or personnel of any Government agency or any State or
      local government, or voluntary or uncompensated personnel, to
      perform such functions on its behalf as may appear desirable;
      (g) Acquisition of real and personal property
        acquire, purchase, lease, and hold real and personal property,
      including patents, as agent of and on behalf of the United
      States, subject to the provisions of section 2224 of this title,
      and to sell, lease, grant, and dispose of such real and personal
      property as provided in this chapter;
      (h) Consideration of license applications
        consider in a single application one or more of the activities
      for which a license is required by this chapter, combine in a
      single license one or more of such activities, and permit the
      applicant or licensee to incorporate by reference pertinent
      information already filed with the Commission;
      (i) Regulations governing Restricted Data
        prescribe such regulations or orders as it may deem necessary
      (1) to protect Restricted Data received by any person in
      connection with any activity authorized pursuant to this chapter,
      (2) to guard against the loss or diversion of any special nuclear
      material acquired by any person pursuant to section 2073 of this
      title or produced by any person in connection with any activity
      authorized pursuant to this chapter, to prevent any use or
      disposition thereof which the Commission may determine to be
      inimical to the common defense and security, including
      regulations or orders designating activities, involving
      quantities of special nuclear material which in the opinion of
      the Commission are important to the common defense and security,
      that may be conducted only by persons whose character,
      associations, and loyalty shall have been investigated under
      standards and specifications established by the Commission and as
      to whom the Commission shall have determined that permitting each
      such person to conduct the activity will not be inimical to the
      common defense and security, (3) to govern any activity
      authorized pursuant to this chapter, including standards and
      restrictions governing the design, location, and operation of
      facilities used in the conduct of such activity, in order to
      protect health and to minimize danger to life or property, and
      (4) to ensure that sufficient funds will be available for the
      decommissioning of any production or utilization facility
      licensed under section 2133 or 2134(b) of this title, including
      standards and restrictions governing the control, maintenance,
      use, and disbursement by any former licensee under this chapter
      that has control over any fund for the decommissioning of the
      facility;
      (j) Disposition of surplus materials
        without regard to the provisions of the Federal Property and
      Administrative Services Act of 1949, as amended,(!2) except
      section 207 of that Act,(!2) or any other law, make such
      disposition as it may deem desirable of (1) radioactive
      materials, and (2) any other property, the special disposition of
      which is, in the opinion of the Commission, in the interest of
      the national security: Provided, however, That the property
      furnished to licensees in accordance with the provisions of
      subsection (m) of this section shall not be deemed to be property
      disposed of by the Commission pursuant to this subsection;

      (k) Carrying of firearms; authority to make arrests without
        warrant
        authorize such of its members, officers, and employees as it
      deems necessary in the interest of the common defense and
      security to carry firearms while in the discharge of their
      official duties. The Commission may also authorize such of those
      employees of its contractors and subcontractors (at any tier)
      engaged in the protection of property under the jurisdiction of
      the United States located at facilities owned by or contracted to
      the United States or being transported to or from such facilities
      as it deems necessary in the interests of the common defense and
      security to carry firearms while in the discharge of their
      official duties. A person authorized to carry firearms under this
      subsection may, while in the performance of, and in connection
      with, official duties, make arrests without warrant for any
      offense against the United States committed in that person's
      presence or for any felony cognizable under the laws of the
      United States if that person has reasonable ground to believe
      that the individual to be arrested has committed or is committing
      such felony. An employee of a contractor or subcontractor
      authorized to carry firearms under this subsection may make such
      arrests only when the individual to be arrested is within, or in
      direct flight from, the area of such offense. A person granted
      authority to make arrests by this subsection may exercise that
      authority only in the enforcement of (1) laws regarding the
      property of the United States in the custody of the Department of
      Energy, the Nuclear Regulatory Commission, or a contractor of the
      Department of Energy or Nuclear Regulatory Commission, or (2) any
      provision of this chapter that may subject an offender to a fine,
      imprisonment, or both. The arrest authority conferred by this
      subsection is in addition to any arrest authority under other
      laws. The Secretary, with the approval of the Attorney General,
      shall issue guidelines to implement this subsection;
      (l) Repealed. Pub. L. 87-456, title III, Sec. 303(c), May 24,
        1962, 76 Stat. 78
      (m) Agreements regarding production
        enter into agreements with persons licensed under section 2133,
      2134, 2073(a)(4), or 2093(a)(4) of this title for such periods of
      time as the Commission may deem necessary or desirable (1) to
      provide for the processing, fabricating, separating, or refining
      in facilities owned by the Commission of source, byproduct, or
      other material or special nuclear material owned by or made
      available to such licensees and which is utilized or produced in
      the conduct of the licensed activity, and (2) to sell, lease, or
      otherwise make available to such licensees such quantities of
      source or byproduct material, and other material not defined as
      special nuclear material pursuant to this chapter, as may be
      necessary for the conduct of the licensed activity: Provided,
      however, That any such agreement may be canceled by the licensee
      at any time upon payment of such reasonable cancellation charges
      as may be agreed upon by the licensee and the Commission: And
      provided further, That the Commission shall establish prices to
      be paid by licensees for material or services to be furnished by
      the Commission pursuant to this subsection, which prices shall be
      established on such a nondiscriminatory basis as, in the opinion
      of the Commission, will provide reasonable compensation to the
      Government for such material or services and will not discourage
      the development of sources of supply independent of the
      Commission;
      (n) Delegation of functions
        delegate to the General Manager or other officers of the
      Commission any of those functions assigned to it under this
      chapter except those specified in sections 2071, 2077(b), 2091,
      2138, 2153, 2165(b) of this title (with respect to the
      determination of those persons to whom the Commission may reveal
      Restricted Data in the national interest), 2165(f) of this title
      and subsection (a) of this section;
      (o) Reports
        require by rule, regulation, or order, such reports, and the
      keeping of such records with respect to, and to provide for such
      inspections of, activities and studies of types specified in
      section 2051 of this title and of activities under licenses
      issued pursuant to sections 2073, 2093, 2111, 2133, and 2134 of
      this title, as may be necessary to effectuate the purposes of
      this chapter, including section 2135 of this title; and
      (p) Rules and regulations
        make, promulgate, issue, rescind, and amend such rules and
      regulations as may be necessary to carry out the purposes of this
      chapter.
      (q) Easements for rights-of-way
        The Commission is authorized and empowered, under such terms
      and conditions as are deemed advisable by it, to grant easements
      for rights-of-way over, across, in, and upon acquired lands under
      its jurisdiction and control, and public lands permanently
      withdrawn or reserved for the use of the Commission, to any
      State, political subdivision thereof, or municipality, or to any
      individual, partnership, or corporation of any State, Territory,
      or possession of the United States, for (a) railroad tracks; (b)
      oil pipe lines; (c) substations for electric power transmission
      lines, telephone lines, and telegraph lines, and pumping stations
      for gas, water, sewer, and oil pipe lines; (d) canals; (e)
      ditches; (f) flumes; (g) tunnels; (h) dams and reservoirs in
      connection with fish and wildlife programs, fish hatcheries, and
      other fish-cultural improvements; (i) roads and streets; and (j)
      for any other purpose or purposes deemed advisable by the
      Commission: Provided, That such rights-of-way shall be granted
      only upon a finding by the Commission that the same will not be
      incompatible with the public interest: Provided further, That
      such rights-of-way shall not include any more land than is
      reasonably necessary for the purpose for which granted: And
      provided further, That all or any part of such rights-of-way may
      be annulled and forfeited by the Commission for failure to comply
      with the terms and conditions of any grant hereunder or for
      nonuse for a period of two consecutive years or abandonment of
      rights granted under authority hereof. Copies of all instruments
      granting easements over public lands pursuant to this section
      shall be furnished to the Secretary of the Interior.
      (r) Sale of utilities and related services
        Under such regulations and for such periods and at such prices
      the Commission may prescribe, the Commission may sell or contract
      to sell to purchasers within Commission-owned communities or in
      the immediate vicinity of the Commission community, as the case
      may be, any of the following utilities and related services, if
      it is determined that they are not available from another local
      source and that the sale is in the interest of the national
      defense or in the public interest:
          (1) Electric power.
          (2) Steam.
          (3) Compressed air.
          (4) Water.
          (5) Sewage and garbage disposal.
          (6) Natural, manufactured, or mixed gas.
          (7) Ice.
          (8) Mechanical refrigeration.
          (9) Telephone service.

        Proceeds of sales under this subsection shall be credited to
      the appropriation currently available for the supply of that
      utility or service. To meet local needs the Commission may make
      minor expansions and extensions of any distributing system or
      facility within or in the immediate vicinity of a Commission-
      owned community through which a utility or service is furnished
      under this subsection.
      (s) Succession of authority
        establish a plan for a succession of authority which will
      assure the continuity of direction of the Commission's operations
      in the event of a national disaster due to enemy activity.
      Notwithstanding any other provision of this chapter, the person
      or persons succeeding to command in the event of disaster in
      accordance with the plan established pursuant to this subsection
      shall be vested with all of the authority of the Commission:
      Provided, That any such succession to authority, and vesting of
      authority shall be effective only in the event and as long as a
      quorum of three or more members of the Commission is unable to
      convene and exercise direction during the disaster period:
      Provided further, That the disaster period includes the period
      when attack on the United States is imminent and the post-attack
      period necessary to reestablish normal lines of command;
      (t) Contracts
        enter into contracts for the processing, fabricating,
      separating, or refining in facilities owned by the Commission of
      source, byproduct or other material, or special nuclear material,
      in accordance with and within the period of an agreement for
      cooperation while comparable services are available to persons
      licensed under section 2133 or 2134 of this title: Provided, That
      the prices for services under such contracts shall be no less
      than the prices currently charged by the Commission pursuant to
      subsection (m) of this section;
      (u) Additional contracts; guiding principles; appropriations
        (1) enter into contracts for such periods of time as the
      Commission may deem necessary or desirable, but not to exceed
      five years from the date of execution of the contract, for the
      purchase or acquisition of reactor services or services related
      to or required by the operation of reactors;
        (2)(A) enter into contracts for such periods of time as the
      Commission may deem necessary or desirable for the purchase or
      acquisition of any supplies, equipment, materials, or services
      required by the Commission whenever the Commission determines
      that: (i) it is advantageous to the Government to make such
      purchase or acquisition from commercial sources; (ii) the
      furnishing of such supplies, equipment, materials, or services
      will require the construction or acquisition of special
      facilities by the vendors or suppliers thereof; (iii) the
      amortization chargeable to the Commission constitutes an
      appreciable portion of the cost of contract performance,
      excluding cost of materials; and (iv) the contract for such
      period is more advantageous to the Government than a similar
      contract not executed under the authority of this subsection.
      Such contracts shall be entered into for periods not to exceed
      five years each from the date of initial delivery of such
      supplies, equipment, materials, or services or ten years from the
      date of execution of the contracts excluding periods of renewal
      under option.
        (B) In entering into such contracts the Commission shall be
      guided by the following principles: (i) the percentage of the
      total cost of special facilities devoted to contract performance
      and chargeable to the Commission should not exceed the ratio
      between the period of contract deliveries and the anticipated
      useful life of such special facilities; (ii) the desirability of
      obtaining options to renew the contract for reasonable periods at
      prices not to include charges for special facilities already
      amortized; and (iii) the desirability of reserving in the
      Commission the right to take title to the special facilities
      under appropriate circumstances; and
        (3) include in contracts made under this subsection provisions
      which limit the obligation of funds to estimated annual
      deliveries and services and the unamortized balance of such
      amounts due for special facilities as the parties shall agree is
      chargeable to the performance of the contract. Any appropriation
      available at the time of termination or thereafter made available
      to the Commission for operating expenses shall be available for
      payment of such costs which may arise from termination as the
      contract may provide. The term "special facilities" as used in
      this subsection means any land and any depreciable buildings,
      structures, utilities, machinery, equipment, and fixtures
      necessary for the production or furnishing of such supplies,
      equipment, materials, or services and not available to the
      vendors or suppliers for the performance of the contract.
      (v) Support of United States Enrichment Corporation
        provide services in support of the United States Enrichment
      Corporation, except that the Secretary of Energy shall annually
      collect payments and other charges from the Corporation
      sufficient to ensure recovery of the costs (excluding
      depreciation and imputed interest on original plant investments
      in the Department's gaseous diffusion plants and costs under
      section 2297c-2(d) (!3) of this title) incurred by the Department
      of Energy after October 24, 1992, in performing such services;

      (w) License fees for nuclear power reactors
        prescribe and collect from any other Government agency, which
      applies to the Commission for, or is issued by the Commission, a
      license or certificate, any fee, charge, or price which it may
      require, in accordance with the provisions of section 9701 of
      title 31 or any other law.
      (x) Standards and instructions for bonding, surety, or other
        financial arrangements, including performance bonds
        Establish by rule, regulation, or order, after public notice,
      and in accordance with the requirements of section 2231 of this
      title, such standards and instructions as the Commission may deem
      necessary or desirable to ensure - 
          (1) that an adequate bond, surety, or other financial
        arrangement (as determined by the Commission) will be provided,
        before termination of any license for byproduct material as
        defined in section 2014(e)(2) of this title, by a licensee to
        permit the completion of all requirements established by the
        Commission for the decontamination, decommissioning, and
        reclamation of sites, structures, and equipment used in
        conjunction with byproduct material as so defined, and
          (2) that - 
            (A) in the case of any such license issued or renewed after
          November 8, 1978, the need for long-term maintenance and
          monitoring of such sites, structures and equipment after
          termination of such license will be minimized and, to the
          maximum extent practicable, eliminated; and
            (B) in the case of each license for such material (whether
          in effect on November 8, 1978, or issued or renewed
          thereafter), if the Commission determines that any such long-
          term maintenance and monitoring is necessary, the licensee,
          before termination of any license for byproduct material as
          defined in section 2014(e)(2) of this title, will make
          available such bonding, surety, or other financial
          arrangements as may be necessary to assure such long-term
          maintenance and monitoring.

      Such standards and instructions promulgated by the Commission
      pursuant to this subsection shall take into account, as
      determined by the Commission, so as to avoid unnecessary
      duplication and expense, performance bonds or other financial
      arrangements which are required by other Federal agencies or
      State agencies and/or other local governing bodies for such
      decommissioning, decontamination, and reclamation and long-term
      maintenance and monitoring except that nothing in this paragraph
      shall be construed to require that the Commission accept such
      bonds or arrangements if the Commission determines that such
      bonds or arrangements are not adequate to carry out subparagraphs
      (1) and (2) of this subsection.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 161, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 948; amended July 14, 1956, ch. 608, 70
    Stat. 553; Aug. 6, 1956, ch. 1015, Sec. 4, 70 Stat. 1069; Pub. L.
    85-162, title II, Secs. 201, 204, Aug. 21, 1957, 71 Stat. 410; Pub.
    L. 85-287, Sec. 4, Sept. 4, 1957, 71 Stat. 613; Pub. L. 85-507,
    Sec. 21(b)(1), July 7, 1958, 72 Stat. 337; Pub. L. 85-681, Secs. 6,
    7, Aug. 19, 1958, 72 Stat. 633; Pub. L. 86-300, Sec. 1, Sept. 21,
    1959, 73 Stat. 574; Pub. L. 87-206, Sec. 13, Sept. 6, 1961, 75
    Stat. 478; Pub. L. 87-456, title III, Sec. 303(c), May 24, 1962, 76
    Stat. 78; Pub. L. 87-615, Sec. 12, Aug. 29, 1962, 76 Stat. 411;
    Pub. L. 87-793, Sec. 1001(g), Oct. 11, 1962, 76 Stat. 864; Pub. L.
    88-489, Sec. 16, Aug. 26, 1964, 78 Stat. 606; Pub. L. 90-190, Sec.
    11, Dec. 14, 1967, 81 Stat. 578; Pub. L. 91-452, title II, Sec.
    237, Oct. 15, 1970, 84 Stat. 930; Pub. L. 91-560, Secs. 7, 8, Dec.
    19, 1970, 84 Stat. 1474; Pub. L. 92-314, title III, Sec. 301, June
    16, 1972, 86 Stat. 227; Pub. L. 93-377, Sec. 7, Aug. 17, 1974, 88
    Stat. 475; Pub. L. 95-604, title II, Sec. 203, Nov. 8, 1978, 92
    Stat. 3036; Pub. L. 97-90, title II, Sec. 211, Dec. 4, 1981, 95
    Stat. 1170; Pub. L. 99-661, div. C, title I, Sec. 3134, Nov. 14,
    1986, 100 Stat. 4064; Pub. L. 100-449, title III, Sec. 305(b),
    Sept. 28, 1988, 102 Stat. 1876; Pub. L. 101-575, Sec. 5(b), Nov.
    15, 1990, 104 Stat. 2835; renumbered title I and amended Pub. L.
    102-486, title IX, Sec. 902(a)(4), (5), (8), Oct. 24, 1992, 106
    Stat. 2944; Pub. L. 109-58, title VI, Secs. 623, 626, Aug. 8, 2005,
    119 Stat. 783, 784.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in subsec. (d), are set forth
    in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.
      The Federal Property and Administrative Services Act of 1949, as
    amended, referred to in subsec. (j), is act June 30, 1949, ch. 288,
    63 Stat. 377, as amended. Except for title III of the Act, which is
    classified generally to subchapter IV (Sec. 251 et seq.) of chapter
    4 of Title 41, Public Contracts, the Act was repealed and reenacted
    by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
    1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
    and Works. Section 207 of the Act was repealed and reenacted by
    Pub. L. 107-217 as section 559 of Title 40.
      Section 2297c-2 of this title, referred to in subsec. (v), was
    repealed by Pub. L. 104-134, title III, Sec. 3116(a)(1), Apr. 26,
    1996, 110 Stat. 1321-349.

-COD-
                               CODIFICATION                           
      In subsec. (d), "chapter 51 and subchapter III of chapter 53 of
    title 5" and "such provisions" substituted for "the Classification
    Act of 1949, as amended" and "such Act", respectively, on authority
    of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the
    first section of which enacted Title 5, Government Organization and
    Employees.
      In subsec. (x)(2)(B), "November 8, 1978" was in the original "the
    date of the enactment of this section", which has been translated
    as the date of the enactment of this subsection to reflect the
    probable intent of Congress.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1812(a) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      2005 - Subsec. (i)(4). Pub. L. 109-58, Sec. 626, added cl. (4).
      Subsec. (w). Pub. L. 109-58, Sec. 623, substituted "to the
    Commission for, or is issued by the Commission, a license or
    certificate" for "for or is issued a license for a utilization
    facility designed to produce electrical or heat energy pursuant to
    section 2133 or 2134(b) of this title, or which operates any
    facility regulated or certified under section 2297f or 2297f-1 of
    this title" and "section 9701" for "section 483a" and struck out ",
    of applicants for, or holders of, such licenses or certificates"
    before period at end.
      1992 - Subsec. (v). Pub. L. 102-486, Sec. 902(a)(4), amended
    subsec. (v) generally, substituting provisions relating to duty to
    provide services in support of United States Energy Enrichment
    Corporation for provisions relating to duty to enter into contracts
    for production or enrichment of special nuclear material.
      Subsec. (w). Pub. L. 102-486, Sec. 902(a)(5), inserted "or which
    operates any facility regulated or certified under section 2297f or
    2297f-1 of this title," after "2134(b) of this title," and "or
    certificates" after "holders of, such licenses".
      1990 - Subsec. (b). Pub. L. 101-575, which directed amendment of
    subsec. (b) by striking the period at the end and inserting "; in
    addition, the Commission shall prescribe such regulations or orders
    as may be necessary or desirable to promote the Nation's common
    defense and security with regard to control, ownership, or
    possession of any equipment or device, or important component part
    especially designed for such equipment or device, capable of
    separating the isotopes of uranium or enriching uranium in the
    isotope 235;", was executed by striking the semicolon at end of
    subsec. (b) and making insertion to reflect probable intent of
    Congress.
      1988 - Subsec. (v). Pub. L. 100-449 inserted in closing
    provisions "For purposes of this subsection and of section 305 of
    Public Law 99-591 (100 Stat. 3341-209, 210), 'foreign origin'
    excludes source or special nuclear material originating in Canada."
      1986 - Subsec. (k). Pub. L. 99-661 inserted "and subcontractors
    (at any tier)" after "employees of its contractors", substituted
    "under the jurisdiction of the United States" for "owned by the
    United States and", inserted "or being transported to or from such
    facilities" after "contracted to the United States", inserted after
    third sentence "An employee of a contractor or subcontractor
    authorized to carry firearms under this subsection may make such
    arrests only when the individual to be arrested is within, or in
    direct flight from, the area of such offense.", and inserted before
    the semicolon at end ". The Secretary, with the approval of the
    Attorney General, shall issue guidelines to implement this
    subsection".
      1981 - Subsec. (k). Pub. L. 97-90 inserted provision that a
    person authorized to carry firearms under this subsection may,
    while in the performance of, and in connection with, official
    duties, make arrests without warrant for any offense against the
    United States committed in that person's presence or for any felony
    cognizable under the laws of the United States if that person has
    reasonable grounds to believe that the individual to be arrested
    has committed or is committing such felony, that a person granted
    authority to make arrests by this subsection may exercise that
    authority only in the enforcement of (1) laws regarding the
    property of the United States in the custody of the Department of
    Energy, the Nuclear Regulatory Commission, or a contractor of the
    Department of Energy or Nuclear Regulatory Commission, or (2) any
    provision of this chapter that may subject an offender to a fine,
    imprisonment, or both, and that the arrest authority conferred by
    this subsection is in addition to any arrest authority under other
    laws.
      1978 - Subsec. (x). Pub. L. 95-604 added subsec. (x).
      1974 - Subsec. (i). Pub. L. 93-377 inserted provision in cl. (2)
    relating to regulations or orders designating activities, involving
    quantities of special nuclear material important to the common
    defense and security, that may be conducted by persons whose
    character, etc., have been established so that if they are
    permitted to conduct such activities it would not be inimical to
    the common defense and security.
      1972 - Subsec. (w). Pub. L. 92-314 added subsec. (w).
      1970 - Subsec. (c). Pub. L. 91-452 struck out provisions that no
    person be excused from complying with any requirements under this
    paragraph because of his privilege against self-incrimination, but
    that the immunity provisions of the Compulsory Testimony Act of
    Feb. 11, 1893, apply with respect to any individual who
    specifically claims such privilege.
      Subsec. (n). Pub. L. 91-560, Sec. 7, struck out references to
    section 2132 of this title and the finding of practical value.
      Subsec. (v). Pub. L. 91-560, Sec. 8, substituted provisions for
    the establishment of prices on a basis of recovery of the
    Government's costs over a reasonable period of time for provisions
    for the establishment of prices on a basis which will provide
    reasonable compensation to the Government.
      1967 - Subsec. (n). Pub. L. 90-190 substituted "2077(b)" for
    "2077(a)(3)".
      1964 - Subsec. (v). Pub. L. 88-489 added subsec. (v).
      1962 - Subsec. (d). Pub. L. 87-793 substituted "up to a limit of
    the highest rate of grade 18 of the General Schedule of the
    Classification Act of 1949, as amended" for "up to a limit of
    $19,000".
      Subsec. (l). Pub. L. 87-456 repealed subsec. (l) which authorized
    the admittance free of duty into the United States of purchases
    made abroad of source materials.
      Subsec. (n). Pub. L. 87-615 substituted "2165(f) of this title"
    for "2165(e) of this title".
      1961 - Subsecs. (s) to (v). Pub. L. 87-206 redesignated subsecs.
    (t) to (v) as (s) to (u), respectively.
      1959 - Subsec. (m). Pub. L. 86-300 inserted references to
    sections 2073(a)(4) and 2093(a)(4) of this title.
      1958 - Subsec. (d). Pub. L. 85-681, Sec. 6, authorized the
    Commission to adopt compensation rates on a retroactive basis as
    may be authorized by the Classification Act for other Government
    employees.
      Subsecs. (n) to (s). Pub. L. 85-507 redesignated subsecs. (o) to
    (s) as (n) to (r), respectively. Former subsec. (n), which
    authorized the Commission to assign employees for instruction,
    education, or training by public or private agencies, institutions
    of learning, laboratories, or industrial or commercial
    organizations, was repealed by Pub. L. 85-507, see section 4101 et
    seq. of Title 5, Government Organizations and Employees.
      Subsecs. (t) to (v). Pub. L. 85-681, Sec. 7, added subsecs. (t)
    to (v).
      1957 - Subsec. (d). Pub. L. 85-287 inserted "up to a limit of
    $19,000" after "scientific and technical personnel".
      Subsec. (e). Pub. L. 85-162, Sec. 201, inserted "(at the time of
    the initial grant of any privilege grant, lease, or permit, or
    renewal thereof, or in order to avoid inequities or undue hardship
    prior to the sale by the United States of property affected by such
    grant)" after "adjusted terms which".
      Subsec. (s). Pub. L. 85-162, Sec. 204, added subsec. (s).
      1956 - Subsec. (e). Act July 14, 1956, inserted proviso relating
    to negotiation of commercial leases without advertising by the
    Commission.
      Subsec. (r). Act Aug. 6, 1956, added subsec. (r).

             EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT         
      Amendment by Pub. L. 100-449 effective on the date the United
    States-Canada Free-Trade Agreement enters into force (Jan. 1,
    1989), and to cease to have effect on the date the Agreement ceases
    to be in force, see section 501(a), (c) of Pub. L. 100-449, set out
    in a note under section 2112 of Title 19, Customs Duties.

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Amendment by Pub. L. 91-452 effective on sixtieth day following
    Oct. 15, 1970, and not to affect any immunity to which any
    individual is entitled under this section by reason of any
    testimony given before sixtieth day following Oct. 15, 1970, see
    section 260 of Pub. L. 91-452, set out as an Effective Date;
    Savings Provision note under section 6001 of Title 18, Crimes and
    Criminal Procedure.

                     EFFECTIVE DATE OF 1962 AMENDMENTS                 
      Amendment by Pub. L. 87-793 effective on first day of first pay
    period which begins on or after Oct. 11, 1962, see section 1008 of
    Pub. L. 87-793.
      Repeal of subsec. (l) effective with respect to articles entered,
    or withdrawn from warehouse, for consumption on or after Aug. 31,
    1963, see section 501(a) of Pub. L. 87-456.

                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      For effective date of amendment by Pub. L. 85-507, see section
    21(a) of Pub. L. 85-507.

            REFERENCES TO UNITED STATES ENRICHMENT CORPORATION        
      References to the United States Enrichment Corporation deemed, as
    of the privatization date (July 28, 1998), to be references to the
    private corporation, see section 3116(e) of Pub. L. 104-134, set
    out as a note under former section 2297 of this title.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

                   ORGANIZATIONAL CONFLICTS OF INTEREST               
      Pub. L. 95-209, Sec. 7, Dec. 13, 1977, 91 Stat. 1483, provided
    that: "The Commission shall by December 31, 1977, promulgate
    guidelines to be applied by the Commission in determining whether
    an organization proposing to enter into a contractual arrangement
    with the Commission has a conflict of interest which might impair
    the contractor's judgment or otherwise give the contractor an
    unfair competitive advantage."

      APPLICABILITY TO FUNCTIONS TRANSFERRED BY DEPARTMENT OF ENERGY
                             ORGANIZATION ACT
      Pub. L. 95-91, title VII, Sec. 709(c)(2), Aug. 4, 1977, 91 Stat.
    608, provided that: "Section 161(d) of the Atomic Energy Act of
    1954 [subsec. (d) of this section] shall not apply to functions
    transferred by this Act [see Short Title note set out under section
    7101 of this title]."

                      TERMINATION OF ADVISORY BOARDS                  
      Advisory boards in existence on Jan. 5, 1973, to terminate not
    later than the expiration of the 2-year period following Jan. 5,
    1973, unless, in the case of a board established by the President
    or an officer of the Federal Government, such board is renewed by
    appropriate action prior to the expiration of such 2-year period,
    or in the case of a board established by the Congress, its duration
    is otherwise provided by law. Advisory boards established after
    Jan. 5, 1973, to terminate not later than the expiration of the 2-
    year period beginning on the date of their establishment, unless,
    in the case of a board established by the President or an officer
    of the Federal Government, such board is renewed by appropriate
    action prior to the expiration of such 2-year period, or in the
    case of a board established by the Congress, its duration is
    otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-
    463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
    Title 5, Government Organization and Employees.

                     EMERGENCY PREPAREDNESS FUNCTIONS                 
      For assignment of certain emergency preparedness functions to
    Members of the Nuclear Regulatory Commission, see Parts 1, 2, and
    21 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as
    a note under section 5195 of this title.

          PRINCIPAL OFFICE BUILDING FOR ATOMIC ENERGY COMMISSION      
      Act May 6, 1955, ch. 34, 69 Stat. 47, as amended by Pub. L. 85-
    107, July 17, 1957, 71 Stat. 307, authorized Atomic Energy
    Commission to acquire a suitable site in or near District of
    Columbia and, notwithstanding any other provision of law, to
    provide for construction on such site, in accordance with plans and
    specifications prepared by or under direction of Commission, of a
    modern office building to serve as principal office of Commission
    at a total cost of not to exceed $13,300,000 and authorized to be
    appropriated such sums as were necessary.

      REPORT WITH RESPECT TO RENEGOTIATIONS, REAPPRAISALS, AND SALES
                                PROCEEDINGS
      Section 203 of Pub. L. 85-162 directed Atomic Energy Commission,
    Federal Housing Administration, and Housing and Home Finance Agency
    to report to Joint Committee by Jan. 31, 1958, with respect to
    renegotiations, reappraisals, and sales proceedings authorized
    under sections 201 and 202 of Pub. L. 85-162 [amending subsec. (e)
    of this section and enacting section 2325(c) of this title].

-FOOTNOTE-
    (!1) So in original.

    (!2) See References in Text note below.

    (!3) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 2201a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2201a. Use of firearms by security personnel

-STATUTE-
    (a) Definitions
      In this section, the terms "handgun", "rifle", "shotgun",
    "firearm", "ammunition", "machinegun", "short-barreled shotgun",
    and "short-barreled rifle" have the meanings given the terms in
    section 921(a) of title 18.
    (b) Authorization
      Notwithstanding subsections (a)(4), (a)(5), (b)(2), (b)(4), and
    (o) of section 922 of title 18, section 925(d)(3) of title 18,
    section 5844 of title 26, and any law (including regulations) of a
    State or a political subdivision of a State that prohibits the
    transfer, receipt, possession, transportation, importation, or use
    of a handgun, a rifle, a shotgun, a short-barreled shotgun, a short-
    barreled rifle, a machinegun, a semiautomatic assault weapon,
    ammunition for any such gun or weapon, or a large capacity
    ammunition feeding device, in carrying out the duties of the
    Commission, the Commission may authorize the security personnel of
    any licensee or certificate holder of the Commission (including an
    employee of a contractor of such a licensee or certificate holder)
    to transfer, receive, possess, transport, import, and use 1 or more
    such guns, weapons, ammunition, or devices, if the Commission
    determines that - 
        (1) the authorization is necessary to the discharge of the
      official duties of the security personnel; and
        (2) the security personnel - 
          (A) are not otherwise prohibited from possessing or receiving
        a firearm under Federal or State laws relating to possession of
        firearms by a certain category of persons;
          (B) have successfully completed any requirement under this
        section for training in the use of firearms and tactical
        maneuvers;
          (C) are engaged in the protection of - 
            (i) a facility owned or operated by a licensee or
          certificate holder of the Commission that is designated by
          the Commission; or
            (ii) radioactive material or other property owned or
          possessed by a licensee or certificate holder of the
          Commission, or that is being transported to or from a
          facility owned or operated by such a licensee or certificate
          holder, and that has been determined by the Commission to be
          of significance to the common defense and security or public
          health and safety; and

          (D) are discharging the official duties of the security
        personnel in transferring, receiving, possessing, transporting,
        or importing the weapons, ammunition, or devices.
    (c) Background checks
      A person that receives, possesses, transports, imports, or uses a
    weapon, ammunition, or a device under subsection (b) of this
    section shall be subject to a background check by the Attorney
    General, based on fingerprints and including a background check
    under section 103(b) of the Brady Handgun Violence Prevention Act
    (Public Law 103-159; 18 U.S.C. 922 note) to determine whether the
    person is prohibited from possessing or receiving a firearm under
    Federal or State law.
    (d) Effective date
      This section takes effect on the date on which guidelines are
    issued by the Commission, with the approval of the Attorney
    General, to carry out this section.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 161A, as added Pub. L. 109-
    58, title VI, Sec. 653, Aug. 8, 2005, 119 Stat. 811.)

-End-

-CITE-
    42 USC Sec. 2202                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2202. Contracts

-STATUTE-
      The President may, in advance, exempt any specific action of the
    Commission in a particular matter from the provisions of law
    relating to contracts whenever he determines that such action is
    essential in the interest of the common defense and security.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 162, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 951; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1812(b) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-End-

-CITE-
    42 USC Sec. 2203                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2203. Advisory committees

-STATUTE-
      The members of the General Advisory Committee established
    pursuant to section 2036 (!1) of this title and the members of
    advisory boards established pursuant to section 2201(a) of this
    title may serve as such without regard to the provisions of
    sections 281, 283, or 284 (!1) of title 18, except insofar as such
    sections may prohibit any such member from receiving compensation
    from a source other than a nonprofit educational institution in
    respect of any particular matter which directly involves the
    Commission or in which the Commission is directly interested.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 163, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 951; amended Pub. L. 86-300, Sec. 2,
    Sept. 21, 1959, 73 Stat. 574; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2036 of this title, referred to in text, was repealed by
    Pub. L. 95-91, title VII, Sec. 709(c)(1), Aug. 4, 1977, 91 Stat.
    608.
      Sections 281, 283, and 284 of title 18, referred to in text, were
    repealed by Pub. L. 87-849, Sec. 2, Oct. 23, 1962, 76 Stat. 1126,
    except as sections 281 and 283 apply to retired officers of the
    Armed Forces of the United States, and were supplanted by sections
    203, 205, and 207, respectively, of Title 18, Crimes and Criminal
    Procedures. For further details, see "Exemptions" note set out
    under section 203 of Title 18.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1812(c) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      1959 - Pub. L. 86-300 inserted "from a source other than a
    nonprofit educational institution" after "compensation".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. General Advisory Committee
    transferred to Energy Research and Development Administration and
    functions of Commission with respect thereto transferred to
    Administrator by section 5814(d) of this title. See, also, notes
    set out under sections 5814 and 5841 of this title. General
    Advisory Committee abolished by Pub. L. 95-91, title VII, Sec.
    709(c)(1), Aug. 4, 1977, 91 Stat. 608. Energy Research and
    Development Administration terminated and functions vested by law
    in Administrator thereof transferred to Secretary of Energy (unless
    otherwise specifically provided) by sections 7151(a) and 7293 of
    this title.

-MISC2-
               TERMINATION OF ADVISORY BOARDS AND COMMITTEES           
      Advisory boards and committees in existence on Jan. 5, 1973, to
    terminate not later than the expiration of the 2-year period
    following Jan. 5, 1973, unless, in the case of a board or committee
    established by the President or an officer of the federal
    government, such board or committee is renewed by appropriate
    action prior to the expiration of such 2-year period, or in the
    case of a board or committee established by the Congress, its
    duration is otherwise provided by law. Advisory boards and
    committees established after Jan. 5, 1973, to terminate not later
    than the expiration of the 2-year period beginning on the date of
    their establishment, unless, in the case of a board or committee
    established by the President or an officer of the federal
    government, such board or committee is renewed by appropriate
    action prior to the expiration of such 2-year period, or in the
    case of a board or committee established by the Congress, its
    duration is otherwise provided for by law. See sections 3(2) and 14
    of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the
    Appendix to Title 5, Government Organization and Employees.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 2204                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2204. Electric utility contracts; authority to enter into;
      cancellation; submission to Energy Committees

-STATUTE-
      The Commission is authorized in connection with the construction
    or operation of the Oak Ridge, Paducah, and Portsmouth
    installations of the Commission, without regard to sections 1341,
    1342, and 1349-1351 and subchapter II of chapter 15 of title 31, to
    enter into new contracts or modify or confirm existing contracts to
    provide for electric utility services for periods not exceeding
    twenty-five years, and such contracts shall be subject to
    termination by the Commission upon payment of cancellation costs as
    provided in such contracts, and any appropriation presently or
    hereafter made available to the Commission shall be available for
    the payment of such cancellation costs. Any such cancellation
    payments shall be taken into consideration in determination of the
    rate to be charged in the event the Commission or any other agency
    of the Federal Government shall purchase electric utility services
    from the contractor subsequent to the cancellation and during the
    life of the original contract. The authority of the Commission
    under this section to enter into new contracts or modify or confirm
    existing contracts to provide for electric utility services
    includes, in case such electric utility services are to be
    furnished to the Commission by the Tennessee Valley Authority,
    authority to contract with any person to furnish electric utility
    services to the Tennessee Valley Authority in replacement thereof.
    Any contract hereafter entered into by the Commission pursuant to
    this section shall be submitted to the Energy Committees and a
    period of thirty days shall elapse while Congress is in session (in
    computing such thirty days, there shall be excluded the days on
    which either House is not in session because of adjournment for
    more than three days) before the contract of the Commission shall
    become effective: Provided, however, That the Energy Committees,
    after having received the proposed contract, may by resolution in
    writing, waive the conditions of or all or any portion of such
    thirty-day period.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 164, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 951; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;
    amended Pub. L. 103-437, Sec. 15(f)(7), Nov. 2, 1994, 108 Stat.
    4593.)

-COD-
                               CODIFICATION                           
      "Sections 1341, 1342, and 1349-1351 and subchapter II of chapter
    15 of title 31" substituted in text for "section 3679 of the
    Revised Statutes, as amended [31 U.S.C. 665]" on authority of Pub.
    L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first
    section of which enacted Title 31, Money and Finance.

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-437 substituted "Energy Committees" for "Joint
    Committee" in two places.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-End-

-CITE-
    42 USC Sec. 2204a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2204a. Fission product contracts

-STATUTE-
    (a) Authority to enter into contracts
      Without regard to sections 1341, 1342, and 1349-1351 and
    subchapter II of chapter 15 of title 31, the Commission is
    authorized to enter into contracts for such periods of time as the
    Commission may deem necessary or desirable, for the purpose of
    making available fission products from Commission reactors, with or
    without charge for commercial application.
    (b) Cancellation
      Any contract entered into by the Commission pursuant to this
    section shall be subject to termination by the Commission upon
    payment of cancellation costs as provided in such contract, and any
    appropriation presently or hereafter made available to the
    Commission shall be available for payment of such costs which may
    arise from termination as the contract may provide.
    (c) Submission to Energy Committees
      Before the Commission enters into any arrangement or amendment
    thereto under the authority of this section, the basis for the
    proposed arrangement or amendment thereto which the Commission
    proposes to execute (with necessary background and explanatory
    data) shall be submitted to the Energy Committees (as defined by
    section 2014 of this title), and a period of forty-five days shall
    elapse while Congress is in session in computing such forty-five
    days, there shall be excluded the days on which either House is not
    in session because of adjournment of more than three days:
    Provided, however, That the Energy Committees, after having
    received the basis for the proposed arrangement or amendment
    thereto, may by resolution in writing waive the conditions of, or
    all or any portion of, such forty-five-day period.

-SOURCE-
    (Pub. L. 88-332, Sec. 107, June 30, 1964, 78 Stat. 230; Pub. L. 103-
    437, Sec. 15(h), Nov. 2, 1994, 108 Stat. 4593.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Commission, referred to in text, probably means the Atomic Energy
    Commission in view of the fact that this section was enacted as
    part of the act authorizing appropriations for the Atomic Energy
    Commission.

-COD-
                               CODIFICATION                           
      In subsec. (a), "sections 1341, 1342, and 1349-1351 and
    subchapter II of chapter 15 of title 31" substituted for "section
    3679 of the Revised Statutes, as amended [31 U.S.C. 665]" on
    authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
    1067, the first section of which enacted Title 31, Money and
    Finance.
      Section was not enacted as part of the Atomic Energy Act of 1954
    which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (c). Pub. L. 103-437 substituted "Energy
    Committees (as defined by section 2014 of this title)" for "Joint
    Committee" after "submitted to the" and "Energy Committees" for
    "Joint Committee" after "That the".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-End-

-CITE-
    42 USC Sec. 2205                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2205. Contract practices

-STATUTE-
      (a) In carrying out the purposes of this chapter the Commission
    shall not use the cost-plus-percentage-of-cost system of
    contracting.
      (b) No contract entered into under the authority of this chapter
    shall provide, and no contract entered into under the authority of
    the Atomic Energy Act of 1946, as amended, shall be modified or
    amended after August 30, 1954, to provide, for direct payment or
    direct reimbursement by the Commission of any Federal income taxes
    on behalf of any contractor performing such contract for profit.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 165, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 951; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Atomic Energy Act of 1946, as amended, referred to in subsec.
    (b), is act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was
    classified generally to chapter 14 (Sec. 1801 et seq.) of this
    title prior to the general amendment by act Aug. 30, 1954, ch.
    1073, 68 Stat. 921. The act of Aug. 1, 1946, ch. 724, is now known
    as the Atomic Energy Act of 1954, and is classified principally to
    this chapter (Sec. 2011 et seq.). For complete classification of
    the Atomic Energy Act of 1954 to the Code, see Short Title note set
    out under section 2011 of this title and Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-End-

-CITE-
    42 USC Sec. 2205a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2205a. Repealed. Pub. L. 97-375, title I, Sec. 115, Dec. 21,
      1982, 96 Stat. 1821

-MISC1-
      Section, Pub. L. 95-601, Sec. 11, Nov. 6, 1978, 92 Stat. 2953,
    directed Commission to report to Congress on Jan. 1, 1979, and
    annually thereafter on use of contractors, consultants, and
    National Laboratories by Commission, and that such report include,
    for each contract issued, in progress or completed during fiscal
    year 1978, information on bidding procedure, nature of work, amount
    and duration of contract, progress of work, relation to previous
    contracts, and relation between amount of contract and amount
    actually spent.

-End-

-CITE-
    42 USC Sec. 2206                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2206. Comptroller General audit

-STATUTE-
      No moneys appropriated for the purposes of this chapter shall be
    available for payments under any contract with the Commission,
    negotiated without advertising, except contracts with any foreign
    government or any agency thereof and contracts with foreign
    producers, unless such contract includes a clause to the effect
    that the Comptroller General of the United States or any of his
    duly authorized representatives shall, until the expiration of
    three years after final payment, have access to and the right to
    examine any directly pertinent books, documents, papers, and
    records of the contractor or any of his subcontractors engaged in
    the performance of, and involving transactions related to such
    contracts or subcontracts: Provided, however, That no moneys so
    appropriated shall be available for payment under such contract
    which includes any provision precluding an audit by the Government
    Accountability Office of any transaction under such contract: And
    provided further, That nothing in this section shall preclude the
    earlier disposal of contractor and subcontractor records in
    accordance with records disposal schedules agreed upon between the
    Commission and the Government Accountability Office.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 166, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 951; amended Pub. L. 85-681, Sec. 8,
    Aug. 19, 1958, 72 Stat. 634; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
    108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-271 substituted "Government Accountability
    Office" for "General Accounting Office" in two places.
      1958 - Pub. L. 85-681 inserted proviso relating to records
    disposal.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-End-

-CITE-
    42 USC Sec. 2207                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2207. Claim settlements; reports to Congress

-STATUTE-
      The Commission, acting on behalf of the United States, is
    authorized to consider, ascertain, adjust, determine, settle, and
    pay, any claim for money damage of $5,000 or less against the
    United States for bodily injury, death, or damage to or loss of
    real or personal property resulting from any detonation, explosion,
    or radiation produced in the conduct of any program undertaken by
    the Commission involving the detonation of an explosive device,
    where such claim is presented to the Commission in writing within
    one year after the accident or incident out of which the claim
    arises: Provided, however, That the damage to or loss of property,
    or bodily injury or death, shall not have been caused in whole or
    in part by any negligence or wrongful act on the part of the
    claimant, his agents, or employees. Any such settlement under the
    authority of this section shall be final and conclusive for all
    purposes, notwithstanding any other provision of law to the
    contrary. If the Commission considers that a claim in excess of
    $5,000 is meritorious and would otherwise be covered by this
    section, the Commission may report the facts and circumstances
    thereof to the Congress for its consideration.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 167, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 952; amended Pub. L. 87-206, Sec. 14,
    Sept. 6, 1961, 75 Stat. 478; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1961 - Pub. L. 87-206 substituted "any program undertaken by the
    Commission involving the detonation of an explosive device" for
    "the Commission's program for testing atomic weapons" and
    authorized the Commission to report meritorious claims in excess of
    $5,000 to the Congress.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-End-

-CITE-
    42 USC Sec. 2208                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2208. Payments in lieu of taxes

-STATUTE-
      In order to render financial assistance to those States and
    localities in which the activities of the Commission are carried
    on, and in which the Commission has acquired property previously
    subject to State and local taxation, the Commission is authorized
    to make payments to State and local governments in lieu of property
    taxes. Such payments may be in the amounts, at the times, and upon
    the terms the Commission deems appropriate, but the Commission
    shall be guided by the policy of not making payments in excess of
    the taxes which would have been payable for such property in the
    condition in which it was acquired, except in cases where special
    burdens have been cast upon the State or local government by
    activities of the Commission, the Manhattan Engineer District or
    their agents. In any such case, any benefit accruing to the State
    or local government by reason of such activities shall be
    considered in determining the amount of the payment.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 168, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 952; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1809(b) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-End-

-CITE-
    42 USC Sec. 2209                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2209. Subsidies

-STATUTE-
      No funds of the Commission shall be employed in the construction
    or operation of facilities licensed under section 2133 or 2134 of
    this title except under contract or other arrangement entered into
    pursuant to section 2051 of this title.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 169, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 952; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See, also, notes set out
    under those sections.

-End-

-CITE-
    42 USC Sec. 2210                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2210. Indemnification and limitation of liability

-STATUTE-
    (a) Requirement of financial protection for licensees
      Each license issued under section 2133 or 2134 of this title and
    each construction permit issued under section 2235 of this title
    shall, and each license issued under section 2073, 2093, or 2111 of
    this title may, for the public purposes cited in section 2012(i) of
    this title, have as a condition of the license a requirement that
    the licensee have and maintain financial protection of such type
    and in such amounts as the Nuclear Regulatory Commission (in this
    section referred to as the "Commission") in the exercise of its
    licensing and regulatory authority and responsibility shall require
    in accordance with subsection (b) of this section to cover public
    liability claims. Whenever such financial protection is required,
    it may be a further condition of the license that the licensee
    execute and maintain an indemnification agreement in accordance
    with subsection (c) of this section. The Commission may require, as
    a further condition of issuing a license, that an applicant waive
    any immunity from public liability conferred by Federal or State
    law.
    (b) Amount and type of financial protection for licensees
      (1) The amount of primary financial protection required shall be
    the amount of liability insurance available from private sources,
    except that the Commission may establish a lesser amount on the
    basis of criteria set forth in writing, which it may revise from
    time to time, taking into consideration such factors as the
    following: (A) the cost and terms of private insurance, (B) the
    type, size, and location of the licensed activity and other factors
    pertaining to the hazard, and (C) the nature and purpose of the
    licensed activity: Provided, That for facilities designed for
    producing substantial amounts of electricity and having a rated
    capacity of 100,000 electrical kilowatts or more, the amount of
    primary financial protection required shall be the maximum amount
    available at reasonable cost and on reasonable terms from private
    sources (excluding the amount of private liability insurance
    available under the industry retrospective rating plan required in
    this subsection). Such primary financial protection may include
    private insurance, private contractual indemnities, self-insurance,
    other proof of financial responsibility, or a combination of such
    measures and shall be subject to such terms and conditions as the
    Commission may, by rule, regulation, or order, prescribe. The
    Commission shall require licensees that are required to have and
    maintain primary financial protection equal to the maximum amount
    of liability insurance available from private sources to maintain,
    in addition to such primary financial protection, private liability
    insurance available under an industry retrospective rating plan
    providing for premium charges deferred in whole or major part until
    public liability from a nuclear incident exceeds or appears likely
    to exceed the level of the primary financial protection required of
    the licensee involved in the nuclear incident: Provided, That such
    insurance is available to, and required of, all of the licensees of
    such facilities without regard to the manner in which they obtain
    other types or amounts of such primary financial protection: And
    provided further, That the maximum amount of the standard deferred
    premium that may be charged a licensee following any nuclear
    incident under such a plan shall not be more than $95,800,000
    (subject to adjustment for inflation under subsection (t) of this
    section), but not more than $15,000,000 in any 1 year (subject to
    adjustment for inflation under subsection (t) of this section), for
    each facility for which such licensee is required to maintain the
    maximum amount of primary financial protection: And provided
    further, That the amount which may be charged a licensee following
    any nuclear incident shall not exceed the licensee's pro rata share
    of the aggregate public liability claims and costs (excluding legal
    costs subject to subsection (o)(1)(D) of this section, payment of
    which has not been authorized under such subsection) arising out of
    the nuclear incident. Payment of any State premium taxes which may
    be applicable to any deferred premium provided for in this chapter
    shall be the responsibility of the licensee and shall not be
    included in the retrospective premium established by the
    Commission.
      (2)(A) The Commission may, on a case by case basis, assess annual
    deferred premium amounts less than the standard annual deferred
    premium amount assessed under paragraph (1) - 
        (i) for any facility, if more than one nuclear incident occurs
      in any one calendar year; or
        (ii) for any licensee licensed to operate more than one
      facility, if the Commission determines that the financial impact
      of assessing the standard annual deferred premium amount under
      paragraph (1) would result in undue financial hardship to such
      licensee or the ratepayers of such licensee.

      (B) In the event that the Commission assesses a lesser annual
    deferred premium amount under subparagraph (A), the Commission
    shall require payment of the difference between the standard annual
    deferred premium assessment under paragraph (1) and any such lesser
    annual deferred premium assessment within a reasonable period of
    time, with interest at a rate determined by the Secretary of the
    Treasury on the basis of the current average market yield on
    outstanding marketable obligations of the United States of
    comparable maturities during the month preceding the date that the
    standard annual deferred premium assessment under paragraph (1)
    would become due.
      (3) The Commission shall establish such requirements as are
    necessary to assure availability of funds to meet any assessment of
    deferred premiums within a reasonable time when due, and may
    provide reinsurance or shall otherwise guarantee the payment of
    such premiums in the event it appears that the amount of such
    premiums will not be available on a timely basis through the
    resources of private industry and insurance. Any agreement by the
    Commission with a licensee or indemnitor to guarantee the payment
    of deferred premiums may contain such terms as the Commission deems
    appropriate to carry out the purposes of this section and to assure
    reimbursement to the Commission for its payments made due to the
    failure of such licensee or indemnitor to meet any of its
    obligations arising under or in connection with financial
    protection required under this subsection including without
    limitation terms creating liens upon the licensed facility and the
    revenues derived therefrom or any other property or revenues of
    such licensee to secure such reimbursement and consent to the
    automatic revocation of any license.
      (4)(A) In the event that the funds available to pay valid claims
    in any year are insufficient as a result of the limitation on the
    amount of deferred premiums that may be required of a licensee in
    any year under paragraph (1) or (2), or the Commission is required
    to make reinsurance or guaranteed payments under paragraph (3), the
    Commission shall, in order to advance the necessary funds - 
        (i) request the Congress to appropriate sufficient funds to
      satisfy such payments; or
        (ii) to the extent approved in appropriation Acts, issue to the
      Secretary of the Treasury obligations in such forms and
      denominations, bearing such maturities, and subject to such terms
      and conditions as may be agreed to by the Commission and the
      Secretary of the Treasury.

      (B) Except for funds appropriated for purposes of making
    reinsurance or guaranteed payments under paragraph (3), any funds
    appropriated under subparagraph (A)(i) shall be repaid to the
    general fund of the United States Treasury from amounts made
    available by standard deferred premium assessments, with interest
    at a rate determined by the Secretary of the Treasury on the basis
    of the current average market yield on outstanding marketable
    obligations of the United States of comparable maturities during
    the month preceding the date that the funds appropriated under such
    subparagraph are made available.
      (C) Except for funds appropriated for purposes of making
    reinsurance or guaranteed payments under paragraph (3), redemption
    of obligations issued under subparagraph (A)(ii) shall be made by
    the Commission from amounts made available by standard deferred
    premium assessments. Such obligations shall bear interest at a rate
    determined by the Secretary of the Treasury by taking into
    consideration the average market yield on outstanding marketable
    obligations to the United States of comparable maturities during
    the month preceding the issuance of the obligations under this
    paragraph. The Secretary of the Treasury shall purchase any issued
    obligations, and for such purpose the Secretary of the Treasury may
    use as a public debt transaction the proceeds from the sale of any
    securities issued under chapter 31 of title 31, and the purposes
    for which securities may be issued under such chapter are extended
    to include any purchase of such obligations. The Secretary of the
    Treasury may at any time sell any of the obligations acquired by
    the Secretary of the Treasury under this paragraph. All
    redemptions, purchases, and sales by the Secretary of the Treasury
    of obligations under this paragraph shall be treated as public debt
    transactions of the United States.
      (5)(A) For purposes of this section only, the Commission shall
    consider a combination of facilities described in subparagraph (B)
    to be a single facility having a rated capacity of 100,000
    electrical kilowatts or more.
      (B) A combination of facilities referred to in subparagraph (A)
    is two or more facilities located at a single site, each of which
    has a rated capacity of 100,000 electrical kilowatts or more but
    not more than 300,000 electrical kilowatts, with a combined rated
    capacity of not more than 1,300,000 electrical kilowatts.
    (c) Indemnification of licensees by Nuclear Regulatory Commission
      The Commission shall, with respect to licenses issued between
    August 30, 1954, and December 31, 2025, for which it requires
    financial protection of less than $560,000,000, agree to indemnify
    and hold harmless the licensee and other persons indemnified, as
    their interest may appear, from public liability arising from
    nuclear incidents which is in excess of the level of financial
    protection required of the licensee. The aggregate indemnity for
    all persons indemnified in connection with each nuclear incident
    shall not exceed $500,000,000 excluding costs of investigating and
    settling claims and defending suits for damage: Provided, however,
    That this amount of indemnity shall be reduced by the amount that
    the financial protection required shall exceed $60,000,000. Such a
    contract of indemnification shall cover public liability arising
    out of or in connection with the licensed activity. With respect to
    any production or utilization facility for which a construction
    permit is issued between August 30, 1954, and December 31, 2025,
    the requirements of this subsection shall apply to any license
    issued for such facility subsequent to December 31, 2025.
    (d) Indemnification of contractors by Department of Energy
      (1)(A) In addition to any other authority the Secretary of Energy
    (in this section referred to as the "Secretary") may have, the
    Secretary shall, until December 31, 2025, enter into agreements of
    indemnification under this subsection with any person who may
    conduct activities under a contract with the Department of Energy
    that involve the risk of public liability and that are not subject
    to financial protection requirements under subsection (b) of this
    section or agreements of indemnification under subsection (c) or
    (k) of this section.
      (B)(i)(I) Beginning 60 days after August 20, 1988, agreements of
    indemnification under subparagraph (A) shall be the exclusive means
    of indemnification for public liability arising from activities
    described in such subparagraph, including activities conducted
    under a contract that contains an indemnification clause under
    Public Law 85-804 [50 U.S.C. 1431 et seq.] entered into between
    August 1, 1987, and August 20, 1988.
      (II) The Secretary may incorporate in agreements of
    indemnification under subparagraph (A) the provisions relating to
    the waiver of any issue or defense as to charitable or governmental
    immunity authorized in subsection (n)(1) of this section to be
    incorporated in agreements of indemnification. Any such provisions
    incorporated under this subclause shall apply to any nuclear
    incident arising out of nuclear waste activities subject to an
    agreement of indemnification under subparagraph (A).
      (ii) Public liability arising out of nuclear waste activities
    subject to an agreement of indemnification under subparagraph (A)
    that are funded by the Nuclear Waste Fund established in section
    10222 of this title shall be compensated from the Nuclear Waste
    Fund in an amount not to exceed the maximum amount of financial
    protection required of licensees under subsection (b) of this
    section.
      (2) In an agreement of indemnification entered into under
    paragraph (1), the Secretary - 
        (A) may require the contractor to provide and maintain
      financial protection of such a type and in such amounts as the
      Secretary shall determine to be appropriate to cover public
      liability arising out of or in connection with the contractual
      activity; and
        (B) shall indemnify the persons indemnified against such
      liability above the amount of the financial protection required,
      in the amount of $10,000,000,000 (subject to adjustment for
      inflation under subsection (t) of this section), in the
      aggregate, for all persons indemnified in connection with the
      contract and for each nuclear incident, including such legal
      costs of the contractor as are approved by the Secretary.

      (3) All agreements of indemnification under which the Department
    of Energy (or its predecessor agencies) may be required to
    indemnify any person under this section shall be deemed to be
    amended, on August 8, 2005, to reflect the amount of indemnity for
    public liability and any applicable financial protection required
    of the contractor under this subsection.
      (4) Financial protection under paragraph (2) and indemnification
    under paragraph (1) shall be the exclusive means of financial
    protection and indemnification under this section for any
    Department of Energy demonstration reactor licensed by the
    Commission under section 5842 of this title.
      (5) In the case of nuclear incidents occurring outside the United
    States, the amount of the indemnity provided by the Secretary under
    this subsection shall not exceed $500,000,000.
      (6) The provisions of this subsection may be applicable to lump
    sum as well as cost type contracts and to contracts and projects
    financed in whole or in part by the Secretary.
      (7) A contractor with whom an agreement of indemnification has
    been executed under paragraph (1)(A) and who is engaged in
    activities connected with the underground detonation of a nuclear
    explosive device shall be liable, to the extent so indemnified
    under this subsection, for injuries or damage sustained as a result
    of such detonation in the same manner and to the same extent as
    would a private person acting as principal, and no immunity or
    defense founded in the Federal, State, or municipal character of
    the contractor or of the work to be performed under the contract
    shall be effective to bar such liability.
    (e) Limitation on aggregate public liability
      (1) The aggregate public liability for a single nuclear incident
    of persons indemnified, including such legal costs as are
    authorized to be paid under subsection (o)(1)(D) of this section,
    shall not exceed - 
        (A) in the case of facilities designed for producing
      substantial amounts of electricity and having a rated capacity of
      100,000 electrical kilowatts or more, the maximum amount of
      financial protection required of such facilities under subsection
      (b) of this section (plus any surcharge assessed under subsection
      (o)(1)(E) of this section);
        (B) in the case of contractors with whom the Secretary has
      entered into an agreement of indemnification under subsection (d)
      of this section, the amount of indemnity and financial protection
      that may be required under paragraph (2) of subsection (d) of
      this section; and
        (C) in the case of all other licensees of the Commission
      required to maintain financial protection under this section - 
          (i) $500,000,000, together with the amount of financial
        protection required of the licensee; or
          (ii) if the amount of financial protection required of the
        licensee exceeds $60,000,000, $560,000,000 or the amount of
        financial protection required of the licensee, whichever amount
        is more.

      (2) In the event of a nuclear incident involving damages in
    excess of the amount of aggregate public liability under paragraph
    (1), the Congress will thoroughly review the particular incident in
    accordance with the procedures set forth in subsection (i) of this
    section and will in accordance with such procedures, take whatever
    action is determined to be necessary (including approval of
    appropriate compensation plans and appropriation of funds) to
    provide full and prompt compensation to the public for all public
    liability claims resulting from a disaster of such magnitude.
      (3) No provision of paragraph (1) may be construed to preclude
    the Congress from enacting a revenue measure, applicable to
    licensees of the Commission required to maintain financial
    protection pursuant to subsection (b) of this section, to fund any
    action undertaken pursuant to paragraph (2).
      (4) With respect to any nuclear incident occurring outside of the
    United States to which an agreement of indemnification entered into
    under the provisions of subsection (d) of this section is
    applicable, such aggregate public liability shall not exceed the
    amount of $500,000,000, together with the amount of financial
    protection required of the contractor.
    (f) Collection of fees by Nuclear Regulatory Commission
      The Commission or the Secretary, as appropriate, is authorized to
    collect a fee from all persons with whom an indemnification
    agreement is executed under this section. This fee shall be $30 per
    year per thousand kilowatts of thermal energy capacity for
    facilities licensed under section 2133 of this title: Provided,
    That the Commission or the Secretary, as appropriate, is authorized
    to reduce the fee for such facilities in reasonable relation to
    increases in financial protection required above a level of
    $60,000,000. For facilities licensed under section 2134 of this
    title, and for construction permits under section 2235 of this
    title, the Commission is authorized to reduce the fee set forth
    above. The Commission shall establish criteria in writing for
    determination of the fee for facilities licensed under section 2134
    of this title, taking into consideration such factors as (1) the
    type, size, and location of facility involved, and other factors
    pertaining to the hazard, and (2) the nature and purpose of the
    facility. For other licenses, the Commission shall collect such
    nominal fees as it deems appropriate. No fee under this subsection
    shall be less than $100 per year.
    (g) Use of services of private insurers
      In administering the provisions of this section, the Commission
    or the Secretary, as appropriate, shall use, to the maximum extent
    practicable, the facilities and services of private insurance
    organizations, and the Commission or the Secretary, as appropriate,
    may contract to pay a reasonable compensation for such services.
    Any contract made under the provisions of this subsection may be
    made without regard to the provisions of section 5 of title 41 upon
    a showing by the Commission or the Secretary, as appropriate, that
    advertising is not reasonably practicable and advance payments may
    be made.
    (h) Conditions of agreements of indemnification
      The agreement of indemnification may contain such terms as the
    Commission or the Secretary, as appropriate, deems appropriate to
    carry out the purposes of this section. Such agreement shall
    provide that, when the Commission or the Secretary, as appropriate,
    makes a determination that the United States will probably be
    required to make indemnity payments under this section, the
    Commission or the Secretary, as appropriate, shall collaborate with
    any person indemnified and may approve the payment of any claim
    under the agreement of indemnification, appear through the Attorney
    General on behalf of the person indemnified, take charge of such
    action, and settle or defend any such action. The Commission or the
    Secretary, as appropriate, shall have final authority on behalf of
    the United States to settle or approve the settlement of any such
    claim on a fair and reasonable basis with due regard for the
    purposes of this chapter. Such settlement shall not include
    expenses in connection with the claim incurred by the person
    indemnified.
    (i) Compensation plans
      (1) After any nuclear incident involving damages that are likely
    to exceed the applicable amount of aggregate public liability under
    subparagraph (A), (B), or (C) of subsection (e)(1) of this section,
    the Secretary or the Commisison,(!1) as appropriate, shall - 

        (A) make a survey of the causes and extent of damage; and
        (B) expeditiously submit a report setting forth the results of
      such survey to the Congress, to the Representatives of the
      affected districts, to the Senators of the affected States, and
      (except for information that will cause serious damage to the
      national defense of the United States) to the public, to the
      parties involved, and to the courts.

      (2) Not later than 90 days after any determination by a court,
    pursuant to subsection (o) of this section, that the public
    liability from a single nuclear incident may exceed the applicable
    amount of aggregate public liability under subparagraph (A), (B),
    or (C) of subsection (e)(1) of this section the President shall
    submit to the Congress - 
        (A) an estimate of the aggregate dollar value of personal
      injuries and property damage that arises from the nuclear
      incident and exceeds the amount of aggregate public liability
      under subsection (e)(1) of this section;
        (B) recommendations for additional sources of funds to pay
      claims exceeding the applicable amount of aggregate public
      liability under subparagraph (A), (B), or (C) of subsection
      (e)(1) of this section, which recommendations shall consider a
      broad range of possible sources of funds (including possible
      revenue measures on the sector of the economy, or on any other
      class, to which such revenue measures might be applied);
        (C) 1 or more compensation plans, that either individually or
      collectively shall provide for full and prompt compensation for
      all valid claims and contain a recommendation or recommendations
      as to the relief to be provided, including any recommendations
      that funds be allocated or set aside for the payment of claims
      that may arise as a result of latent injuries that may not be
      discovered until a later date; and
        (D) any additional legislative authorities necessary to
      implement such compensation plan or plans.

      (3)(A) Any compensation plan transmitted to the Congress pursuant
    to paragraph (2) shall bear an identification number and shall be
    transmitted to both Houses of Congress on the same day and to each
    House while it is in session.
      (B) The provisions of paragraphs (4) through (6) shall apply with
    respect to consideration in the Senate of any compensation plan
    transmitted to the Senate pursuant to paragraph (2).
      (4) No such compensation plan may be considered approved for
    purposes of subsection (e)(2) of this section unless between the
    date of transmittal and the end of the first period of sixty
    calendar days of continuous session of Congress after the date on
    which such action is transmitted to the Senate, the Senate passes a
    resolution described in paragraph 6 (!2) of this subsection.

      (5) For the purpose of paragraph (4) of this subsection - 
        (A) continuity of session is broken only by an adjournment of
      Congress sine die; and
        (B) the days on which either House is not in session because of
      an adjournment of more than three days to a day certain are
      excluded in the computation of the sixty-day calendar period.

      (6)(A) This paragraph is enacted - 
        (i) as an exercise of the rulemaking power of the Senate and as
      such it is deemed a part of the rules of the Senate, but
      applicable only with respect to the procedure to be followed in
      the Senate in the case of resolutions described by subparagraph
      (B) and it supersedes other rules only to the extent that it is
      inconsistent therewith; and
        (ii) with full recognition of the constitutional right of the
      Senate to change the rules at any time, in the same manner and to
      the same extent as in the case of any other rule of the Senate.

      (B) For purposes of this paragraph, the term "resolution" means
    only a joint resolution of the Congress the matter after the
    resolving clause  of  which  is  as  follows:  "That  the          
           approves the compensation plan numbered            submitted
    to the Congress on            , 19  .", the first blank space
    therein being filled with the name of the resolving House and the
    other blank spaces being appropriately filled; but does not include
    a resolution which specifies more than one compensation plan.
      (C) A resolution once introduced with respect to a compensation
    plan shall immediately be referred to a committee (and all
    resolutions with respect to the same compensation plan shall be
    referred to the same committee) by the President of the Senate.
      (D)(i) If the committee of the Senate to which a resolution with
    respect to a compensation plan has been referred has not reported
    it at the end of twenty calendar days after its referral, it shall
    be in order to move either to discharge the committee from further
    consideration of such resolution or to discharge the committee from
    further consideration with respect to such compensation plan which
    has been referred to the committee.
      (ii) A motion to discharge may be made only by an individual
    favoring the resolution, shall be highly privileged (except that it
    may not be made after the committee has reported a resolution with
    respect to the same compensation plan), and debate thereon shall be
    limited to not more than one hour, to be divided equally between
    those favoring and those opposing the resolution. An amendment to
    the motion shall not be in order, and it shall not be in order to
    move to reconsider the vote by which the motion was agreed to or
    disagreed to.
      (iii) If the motion to discharge is agreed to or disagreed to,
    the motion may not be renewed, nor may another motion to discharge
    the committee be made with respect to any other resolution with
    respect to the same compensation plan.
      (E)(i) When the committee has reported, or has been discharged
    from further consideration of, a resolution, it shall be at any
    time thereafter in order (even though a previous motion to the same
    effect has been disagreed to) to move to proceed to the
    consideration of the resolution. The motion shall be highly
    privileged and shall not be debatable. An amendment to the motion
    shall not be in order, and it shall not be in order to move to
    reconsider the vote by which the motion was agreed to or disagreed
    to.
      (ii) Debate on the resolution referred to in clause (i) of this
    subparagraph shall be limited to not more than ten hours, which
    shall be divided equally between those favoring and those opposing
    such resolution. A motion further to limit debate shall not be
    debatable. An amendment to, or motion to recommit, the resolution
    shall not be in order, and it shall not be in order to move to
    reconsider the vote by which such resolution was agreed to or
    disagreed to.
      (F)(i) Motions to postpone, made with respect to the discharge
    from committee, or the consideration of a resolution or motions to
    proceed to the consideration of other business, shall be decided
    without debate.
      (ii) Appeals from the decision of the Chair relating to the
    application of the rules of the Senate to the procedures relating
    to a resolution shall be decided without debate.
    (j) Contracts in advance of appropriations
      In administering the provisions of this section, the Commission
    or the Secretary, as appropriate, may make contracts in advance of
    appropriations and incur obligations without regard to sections
    1341, 1342, 1349, 1350, and 1351, and subchapter II of chapter 15,
    of title 31.
    (k) Exemption from financial protection requirement for nonprofit
      educational institutions
      With respect to any license issued pursuant to section 2073,
    2093, 2111, 2134(a), or 2134(c) of this title, for the conduct of
    educational activities to a person found by the Commission to be a
    nonprofit educational institution, the Commission shall exempt such
    licensee from the financial protection requirement of subsection
    (a) of this section. With respect to licenses issued between August
    30, 1954, and December 31, 2025, for which the Commission grants
    such exemption:
        (1) the Commission shall agree to indemnify and hold harmless
      the licensee and other persons indemnified, as their interests
      may appear, from public liability in excess of $250,000 arising
      from nuclear incidents. The aggregate indemnity for all persons
      indemnified in connection with each nuclear incident shall not
      exceed $500,000,000, including such legal costs of the licensee
      as are approved by the Commission;
        (2) such contracts of indemnification shall cover public
      liability arising out of or in connection with the licensed
      activity; and shall include damage to property of persons
      indemnified, except property which is located at the site of and
      used in connection with the activity where the nuclear incident
      occurs; and
        (3) such contracts of indemnification, when entered into with a
      licensee having immunity from public liability because it is a
      State agency, shall provide also that the Commission shall make
      payments under the contract on account of activities of the
      licensee in the same manner and to the same extent as the
      Commission would be required to do if the licensee were not such
      a State agency.

    Any licensee may waive an exemption to which it is entitled under
    this subsection. With respect to any production or utilization
    facility for which a construction permit is issued between August
    30, 1954, and December 31, 2025, the requirements of this
    subsection shall apply to any license issued for such facility
    subsequent to December 31, 2025.
    (l) Presidential commission on catastrophic nuclear accidents
      (1) Not later than 90 days after August 20, 1988, the President
    shall establish a commission (in this subsection referred to as the
    "study commission") in accordance with the Federal Advisory
    Committee Act (5 U.S.C. App.) to study means of fully compensating
    victims of a catastrophic nuclear accident that exceeds the amount
    of aggregate public liability under subsection (e)(1) of this
    section.
      (2)(A) The study commission shall consist of not less than 7 and
    not more than 11 members, who - 
        (i) shall be appointed by the President; and
        (ii) shall be representative of a broad range of views and
      interests.

      (B) The members of the study commission shall be appointed in a
    manner that ensures that not more than a mere majority of the
    members are of the same political party.
      (C) Each member of the study commission shall hold office until
    the termination of the study commission, but may be removed by the
    President for inefficiency, neglect of duty, or malfeasance in
    office.
      (D) Any vacancy in the study commission shall be filled in the
    manner in which the original appointment was made.
      (E) The President shall designate one of the members of the study
    commission as chairperson, to serve at the pleasure of the
    President.
      (3) The study commission shall conduct a comprehensive study of
    appropriate means of fully compensating victims of a catastrophic
    nuclear accident that exceeds the amount of aggregate public
    liability under subsection (e)(1) of this section, and shall submit
    to the Congress a final report setting forth - 
        (A) recommendations for any changes in the laws and rules
      governing the liability or civil procedures that are necessary
      for the equitable, prompt, and efficient resolution and payment
      of all valid damage claims, including the advisability of
      adjudicating public liability claims through an administrative
      agency instead of the judicial system;
        (B) recommendations for any standards or procedures that are
      necessary to establish priorities for the hearing, resolution,
      and payment of claims when awards are likely to exceed the amount
      of funds available within a specific time period; and
        (C) recommendations for any special standards or procedures
      necessary to decide and pay claims for latent injuries caused by
      the nuclear incident.

      (4)(A) The chairperson of the study commission may appoint and
    fix the compensation of a staff of such persons as may be necessary
    to discharge the responsibilities of the study commission, subject
    to the applicable provisions of the Federal Advisory Committee Act
    (5 U.S.C. App.) and title 5.
      (B) To the extent permitted by law and requested by the
    chairperson of the study commission, the Administrator of General
    Services shall provide the study commission with necessary
    administrative services, facilities, and support on a reimbursable
    basis.
      (C) The Attorney General, the Secretary of Health and Human
    Services, and the Director of the Federal Emergency Management
    Agency shall, to the extent permitted by law and subject to the
    availability of funds, provide the study commission with such
    facilities, support, funds and services, including staff, as may be
    necessary for the effective performance of the functions of the
    study commission.
      (D) The study commission may request any Executive agency to
    furnish such information, advice, or assistance as it determines to
    be necessary to carry out its functions. Each such agency is
    directed, to the extent permitted by law, to furnish such
    information, advice or assistance upon request by the chairperson
    of the study commission.
      (E) Each member of the study commission may receive compensation
    at the maximum rate prescribed by the Federal Advisory Committee
    Act (5 U.S.C. App.) for each day such member is engaged in the work
    of the study commission. Each member may also receive travel
    expenses, including per diem in lieu of subsistence under sections
    5702 and 5703 of title 5.
      (F) The functions of the President under the Federal Advisory
    Committee Act (5 U.S.C. App.) that are applicable to the study
    commission, except the function of reporting annually to the
    Congress, shall be performed by the Administrator of General
    Services.
      (5) The final report required in paragraph (3) shall be submitted
    to the Congress not later than the expiration of the 2-year period
    beginning on August 20, 1988.
      (6) The study commission shall terminate upon the expiration of
    the 2-month period beginning on the date on which the final report
    required in paragraph (3) is submitted.
    (m) Coordinated procedures for prompt settlement of claims and
      emergency assistance
      The Commission or the Secretary, as appropriate, is authorized to
    enter into agreements with other indemnitors to establish
    coordinated procedures for the prompt handling, investigation, and
    settlement of claims for public liability. The Commission or the
    Secretary, as appropriate, and other indemnitors may make payments
    to, or for the aid of, claimants for the purpose of providing
    immediate assistance following a nuclear incident. Any funds
    appropriated to the Commission or the Secretary, as appropriate,
    shall be available for such payments. Such payments may be made
    without securing releases, shall not constitute an admission of the
    liability of any person indemnified or of any indemnitor, and shall
    operate as a satisfaction to the extent thereof of any final
    settlement or judgment.
    (n) Waiver of defenses and judicial procedures
      (1) With respect to any extraordinary nuclear occurrence to which
    an insurance policy or contract furnished as proof of financial
    protection or an indemnity agreement applies and which - 
        (A) arises out of or results from or occurs in the course of
      the construction, possession, or operation of a production or
      utilization facility,
        (B) arises out of or results from or occurs in the course of
      transportation of source material, byproduct material, or special
      nuclear material to or from a production or utilization facility,
        (C) during the course of the contract activity arises out of or
      results from the possession, operation, or use by a Department of
      Energy contractor or subcontractor of a device utilizing special
      nuclear material or byproduct material,
        (D) arises out of, results from, or occurs in the course of,
      the construction, possession, or operation of any facility
      licensed under section 2073, 2093, or 2111 of this title, for
      which the Commission has imposed as a condition of the license a
      requirement that the licensee have and maintain financial
      protection under subsection (a) of this section,
        (E) arises out of, results from, or occurs in the course of,
      transportation of source material, byproduct material, or special
      nuclear material to or from any facility licensed under section
      2073, 2093, or 2111 of this title, for which the Commission has
      imposed as a condition of the license a requirement that the
      licensee have and maintain financial protection under subsection
      (a) of this section, or
        (F) arises out of, results from, or occurs in the course of
      nuclear waste activities.(!3)

    the Commission or the Secretary, as appropriate, may incorporate
    provisions in indemnity agreements with licensees and contractors
    under this section, and may require provisions to be incorporated
    in insurance policies or contracts furnished as proof of financial
    protection, which waive (i) any issue or defense as to conduct of
    the claimant or fault of persons indemnified, (ii) any issue or
    defense as to charitable or governmental immunity, and (iii) any
    issue or defense based on any statute of limitations if suit is
    instituted within three years from the date on which the claimant
    first knew, or reasonably could have known, of his injury or damage
    and the cause thereof. The waiver of any such issue or defense
    shall be effective regardless of whether such issue or defense may
    otherwise be deemed jurisdictional or relating to an element in the
    cause of action. When so incorporated, such waivers shall be
    judicially enforcible in accordance with their terms by the
    claimant against the person indemnified. Such waivers shall not
    preclude a defense based upon a failure to take reasonable steps to
    mitigate damages, nor shall such waivers apply to injury or damage
    to a claimant or to a claimant's property which is intentionally
    sustained by the claimant or which results from a nuclear incident
    intentionally and wrongfully caused by the claimant. The waivers
    authorized in this subsection shall, as to indemnitors, be
    effective only with respect to those obligations set forth in the
    insurance policies or the contracts furnished as proof of financial
    protection and in the indemnity agreements. Such waivers shall not
    apply to, or prejudice the prosecution or defense of, any claim or
    portion of claim which is not within the protection afforded under
    (i) the terms of insurance policies or contracts furnished as proof
    of financial protection, or indemnity agreements, and (ii) the
    limit of liability provisions of subsection (e) of this section.
      (2) With respect to any public liability action arising out of or
    resulting from a nuclear incident, the United States district court
    in the district where the nuclear incident takes place, or in the
    case of a nuclear incident taking place outside the United States,
    the United States District Court for the District of Columbia,
    shall have original jurisdiction without regard to the citizenship
    of any party or the amount in controversy. Upon motion of the
    defendant or of the Commission or the Secretary, as appropriate,
    any such action pending in any State court (including any such
    action pending on August 20, 1988) or United States district court
    shall be removed or transferred to the United States district court
    having venue under this subsection. Process of such district court
    shall be effective throughout the United States. In any action that
    is or becomes removable pursuant to this paragraph, a petition for
    removal shall be filed within the period provided in section 1446
    of title 28 or within the 30-day period beginning on August 20,
    1988, whichever occurs later.
      (3)(A) Following any nuclear incident, the chief judge of the
    United States district court having jurisdiction under paragraph
    (2) with respect to public liability actions (or the judicial
    council of the judicial circuit in which the nuclear incident
    occurs) may appoint a special caseload management panel (in this
    paragraph referred to as the "management panel") to coordinate and
    assign (but not necessarily hear themselves) cases arising out of
    the nuclear incident, if - 
        (i) a court, acting pursuant to subsection (o) of this section,
      determines that the aggregate amount of public liability is
      likely to exceed the amount of primary financial protection
      available under subsection (b) of this section (or an equivalent
      amount in the case of a contractor indemnified under subsection
      (d) of this section); or
        (ii) the chief judge of the United States district court (or
      the judicial council of the judicial circuit) determines that
      cases arising out of the nuclear incident will have an unusual
      impact on the work of the court.

      (B)(i) Each management panel shall consist only of members who
    are United States district judges or circuit judges.
      (ii) Members of a management panel may include any United States
    district judge or circuit judge of another district court or court
    of appeals, if the chief judge of such other district court or
    court of appeals consents to such assignment.
      (C) It shall be the function of each management panel - 
        (i) to consolidate related or similar claims for hearing or
      trial;
        (ii) to establish priorities for the handling of different
      classes of cases;
        (iii) to assign cases to a particular judge or special master;
        (iv) to appoint special masters to hear particular types of
      cases, or particular elements or procedural steps of cases;
        (v) to promulgate special rules of court, not inconsistent with
      the Federal Rules of Civil Procedure, to expedite cases or allow
      more equitable consideration of claims;
        (vi) to implement such other measures, consistent with existing
      law and the Federal Rules of Civil Procedure, as will encourage
      the equitable, prompt, and efficient resolution of cases arising
      out of the nuclear incident; and
        (vii) to assemble and submit to the President such data,
      available to the court, as may be useful in estimating the
      aggregate damages from the nuclear incident.
    (o) Plan for distribution of funds
      (1) Whenever the United States district court in the district
    where a nuclear incident occurs, or the United States District
    Court for the District of Columbia in case of a nuclear incident
    occurring outside the United States, determines upon the petition
    of any indemnitor or other interested person that public liability
    from a single nuclear incident may exceed the limit of liability
    under the applicable limit of liability under subparagraph (A),
    (B), or (C) of subsection (e)(1) of this section:
        (A) Total payments made by or for all indemnitors as a result
      of such nuclear incident shall not exceed 15 per centum of such
      limit of liability without the prior approval of such court;
        (B) The court shall not authorize payments in excess of 15 per
      centum of such limit of liability unless the court determines
      that such payments are or will be in accordance with a plan of
      distribution which has been approved by the court or such
      payments are not likely to prejudice the subsequent adoption and
      implementation by the court of a plan of distribution pursuant to
      subparagraph (C); and
        (C) The Commission or the Secretary, as appropriate, shall, and
      any other indemnitor or other interested person may, submit to
      such district court a plan for the disposition of pending claims
      and for the distribution of remaining funds available. Such a
      plan shall include an allocation of appropriate amounts for
      personal injury claims, property damage claims, and possible
      latent injury claims which may not be discovered until a later
      time and shall include establishment of priorities between
      claimants and classes of claims, as necessary to insure the most
      equitable allocation of available funds. Such court shall have
      all power necessary to approve, disapprove, or modify plans
      proposed, or to adopt another plan; and to determine the
      proportionate share of funds available for each claimant. The
      Commission or the Secretary as appropriate, any other indemnitor,
      and any person indemnified shall be entitled to such orders as
      may be appropriate to implement and enforce the provisions of
      this section, including orders limiting the liability of the
      persons indemnified, orders approving or modifying the plan,
      orders staying the payment of claims and the execution of court
      judgments, orders apportioning the payments to be made to
      claimants, and orders permitting partial payments to be made
      before final determination of the total claims. The orders of
      such court shall be effective throughout the United States.
        (D) A court may authorize payment of only such legal costs as
      are permitted under paragraph (2) from the amount of financial
      protection required by subsection (b) of this section.
        (E) If the sum of public liability claims and legal costs
      authorized under paragraph (2) arising from any nuclear incident
      exceeds the maximum amount of financial protection required under
      subsection (b) of this section, any licensee required to pay a
      standard deferred premium under subsection (b)(1) of this section
      shall, in addition to such deferred premium, be charged such an
      amount as is necessary to pay a pro rata share of such claims and
      costs, but in no case more than 5 percent of the maximum amount
      of such standard deferred premium described in such subsection.

      (2) A court may authorize the payment of legal costs under
    paragraph (1)(D) only if the person requesting such payment has - 
        (A) submitted to the court the amount of such payment
      requested; and
        (B) demonstrated to the court - 
          (i) that such costs are reasonable and equitable; and
          (ii) that such person has - 
            (I) litigated in good faith;
            (II) avoided unnecessary duplication of effort with that of
          other parties similarly situated;
            (III) not made frivolous claims or defenses; and
            (IV) not attempted to unreasonably delay the prompt
          settlement or adjudication of such claims.
    (p) Reports to Congress
      The Commission and the Secretary shall submit to the Congress by
    December 31, 2021, detailed reports concerning the need for
    continuation or modification of the provisions of this section,
    taking into account the condition of the nuclear industry,
    availability of private insurance, and the state of knowledge
    concerning nuclear safety at that time, among other relevant
    factors, and shall include recommendations as to the repeal or
    modification of any of the provisions of this section.
    (q) Limitation on awarding of precautionary evacuation costs
      No court may award costs of a precautionary evacuation unless
    such costs constitute a public liability.
    (r) Limitation on liability of lessors
      No person under a bona fide lease of any utilization or
    production facility (or part thereof or undivided interest therein)
    shall be liable by reason of an interest as lessor of such
    production or utilization facility, for any legal liability arising
    out of or resulting from a nuclear incident resulting from such
    facility, unless such facility is in the actual possession and
    control of such person at the time of the nuclear incident giving
    rise to such legal liability.
    (s) Limitation on punitive damages
      No court may award punitive damages in any action with respect to
    a nuclear incident or precautionary evacuation against a person on
    behalf of whom the United States is obligated to make payments
    under an agreement of indemnification covering such incident or
    evacuation.
    (t) Inflation adjustment
      (1) The Commission shall adjust the amount of the maximum total
    and annual standard deferred premium under subsection (b)(1) of
    this section not less than once during each 5-year period following
    August 20, 2003, in accordance with the aggregate percentage change
    in the Consumer Price Index since - 
        (A) August 20, 2003, in the case of the first adjustment under
      this subsection; or
        (B) the previous adjustment under this subsection.

      (2) The Secretary shall adjust the amount of indemnification
    provided under an agreement of indemnification under subsection (d)
    of this section not less than once during each 5-year period
    following July 1, 2003, in accordance with the aggregate percentage
    change in the Consumer Price Index since - 
        (A) that date, in the case of the first adjustment under this
      paragraph; or
        (B) the previous adjustment under this paragraph.

      (3) For purposes of this subsection, the term "Consumer Price
    Index" means the Consumer Price Index for all urban consumers
    published by the Secretary of Labor.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 170, as added Pub. L. 85-256,
    Sec. 4, Sept. 2, 1957, 71 Stat. 576; amended Pub. L. 85-602, Secs.
    2, 2[3], Aug. 8, 1958, 72 Stat. 525; Pub. L. 85-744, Aug. 23, 1958,
    72 Stat. 837; Pub. L. 87-206, Sec. 15, Sept. 6, 1961, 75 Stat. 479;
    Pub. L. 87-615, Secs. 6, 7, Aug. 29, 1962, 76 Stat. 410; Pub. L. 88-
    394, Secs. 2, 3, Aug. 1, 1964, 78 Stat. 376; Pub. L. 89-210, Secs.
    1-5, Sept. 29, 1965, 79 Stat. 855-857; Pub. L. 89-645, Secs. 2, 3,
    Oct. 13, 1966, 80 Stat. 891; Pub. L. 94-197, Secs. 2-14, Dec. 31,
    1975, 89 Stat. 1111-1115; Pub. L. 100-408, Secs. 2-4(a), 5(c)-
    11(a), (c), (d)(1), 12-15, 16(a)(2), (b)(3)-(c), (d)(4)-(e), Aug.
    20, 1988, 102 Stat. 1066-1068, 1070-1080; renumbered title I, Pub.
    L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
    2944; Pub. L. 105-362, title XII, Sec. 1201(b), Nov. 10, 1998, 112
    Stat. 3292; Pub. L. 107-314, div. C, title XXXI, Sec. 3171, Dec. 2,
    2002, 116 Stat. 2743; Pub. L. 108-7, div. O, Sec. 101, Feb. 20,
    2003, 117 Stat. 551; Pub. L. 108-375, div. C, title XXXI, Sec.
    3141, Oct. 28, 2004, 118 Stat. 2171; Pub. L. 109-58, title VI,
    Secs. 602-608, Aug. 8, 2005, 119 Stat. 779-781.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 85-804, referred to in subsec. (d)(1)(B)(i)(I), is
    Pub. L. 85-804, Aug. 28, 1958, 72 Stat. 972, as amended, which is
    classified generally to chapter 29 (Sec. 1431 et seq.) of Title 50,
    War and National Defense. For complete classification of this Act
    to the Code, see Tables.
      The Federal Advisory Committee Act, referred to in subsec.
    (l)(1), (4)(A), (E), (F), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
    770, as amended, which is set out in the Appendix to Title 5,
    Government Organization and Employees.
      The Federal Rules of Civil Procedure, referred to in subsec.
    (n)(3)(C)(v), (vi), are set out in the Appendix to Title 28,
    Judiciary and Judicial Procedure.

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b)(1). Pub. L. 109-58, Sec. 603(1), substituted
    "$95,800,000" for "$63,000,000" and "$15,000,000 in any 1 year
    (subject to adjustment for inflation under subsection (t) of this
    section)" for "$10,000,000 in any 1 year" in second proviso of
    third sentence.
      Subsec. (b)(5). Pub. L. 109-58, Sec. 608, added par. (5).
      Subsec. (c). Pub. L. 109-58, Sec. 602(a), substituted "licensees"
    for "licenses" in heading and substituted "December 31, 2025" for
    "December 31, 2003" in text wherever appearing.
      Subsec. (d)(1)(A). Pub. L. 109-58, Sec. 602(b), substituted
    "December 31, 2025" for "December 31, 2006".
      Subsec. (d)(2). Pub. L. 109-58, Sec. 604(a), added par. (2) and
    struck out former par. (2) which read as follows: "In agreements of
    indemnification entered into under paragraph (1), the Secretary may
    require the contractor to provide and maintain financial protection
    of such a type and in such amounts as the Secretary shall determine
    to be appropriate to cover public liability arising out of or in
    connection with the contractual activity, and shall indemnify the
    persons indemnified against such claims above the amount of the
    financial protection required, to the full extent of the aggregate
    public liability of the persons indemnified for each nuclear
    incident, including such legal costs of the contractor as are
    approved by the Secretary."
      Subsec. (d)(3). Pub. L. 109-58, Sec. 604(b), added par. (3) and
    struck out former par. (3) which read as follows:
      "(3)(A) Notwithstanding paragraph (2), if the maximum amount of
    financial protection required of licensees under subsection (b) of
    this section is increased by the Commission, the amount of
    indemnity, together with any financial protection required of the
    contractor, shall at all times remain equal to or greater than the
    maximum amount of financial protection required of licensees under
    subsection (b) of this section.
      "(B) The amount of indemnity provided contractors under this
    subsection shall not, at any time, be reduced in the event that the
    maximum amount of financial protection required of licensees is
    reduced.
      "(C) All agreements of indemnification under which the Department
    of Energy (or its predecessor agencies) may be required to
    indemnify any person, shall be deemed to be amended, on August 20,
    1988, to reflect the amount of indemnity for public liability and
    any applicable financial protection required of the contractor
    under this subsection on August 20, 1988."
      Subsec. (d)(5). Pub. L. 109-58, Sec. 605(a), substituted
    "$500,000,000" for "$100,000,000".
      Subsec. (e)(1)(B). Pub. L. 109-58, Sec. 604(c), struck out "the
    maximum amount of financial protection required under subsection
    (b) of this section or" before "the amount of indemnity" and
    substituted "paragraph (2) of subsection (d) of this section" for
    "paragraph (3) of subsection (d) of this section, whichever amount
    is more".
      Subsec. (e)(4). Pub. L. 109-58, Sec. 605(b), substituted
    "$500,000,000" for "$100,000,000".
      Subsec. (k). Pub. L. 109-58, Sec. 602(c), substituted "December
    31, 2025" for "August 1, 2002" wherever appearing.
      Subsec. (p). Pub. L. 109-58, Sec. 606, substituted "December 31,
    2021" for "August 1, 1998".
      Subsec. (t)(1). Pub. L. 109-58, Sec. 603(2), inserted "total and
    annual" before "standard deferred premium" in introductory
    provisions and substituted "August 20, 2003" for "August 20, 1988"
    in introductory provisions and subpar. (A).
      Subsec. (t)(2), (3). Pub. L. 109-58, Sec. 607, added par. (2) and
    redesignated former par. (2) as (3).
      2004 - Subsec. (d)(1)(A). Pub. L. 108-375 substituted "until
    December 31, 2006" for "until December 31, 2004".
      2003 - Subsec. (c). Pub. L. 108-7 substituted "December 31, 2003"
    for "August 1, 2002" wherever appearing.
      2002 - Subsec. (d)(1)(A). Pub. L. 107-314 substituted "until
    December 31, 2004," for "until August 1, 2002,".
      1998 - Subsec. (p). Pub. L. 105-362 struck out par. (1)
    designation and struck out par. (2) which read as follows: "Not
    later than April 1 of each year, the Commission and the Secretary
    shall each submit an annual report to the Congress setting forth
    the activities under this section during the preceding calendar
    year."
      1988 - Subsec. (a). Pub. L. 100-408, Sec. 16(e)(1), inserted
    "Requirement of financial protection for licensees" as heading.
      Pub. L. 100-408, Sec. 16(d)(4), substituted "section 2i." for
    "subsection 2i. of the Atomic Energy Act of 1954, as amended",
    "subsection b." for "subsection 170b.", and "subsection c." for
    "subsection 170c.", which for purposes of codification were
    translated as "section 2012(i) of this title", "subsection (b) of
    this section", and "subsection (c) of this section", respectively,
    thus requiring no change in text.
      Pub. L. 100-408, Sec. 16(a)(2), substituted "the Nuclear
    Regulatory Commission (in this section referred to as the
    'Commission') in the exercise" for "the Commission in the
    exercise".
      Subsec. (b). Pub. L. 100-408, Sec. 16(e)(2), inserted "Amount and
    type of financial protection for licensees" as heading.
      Subsec. (b)(1). Pub. L. 100-408, Sec. 2(a)-(c)(3), inserted par.
    (1) designation, inserted "primary" after "The amount of", "the
    amount of", "Such", and "of such", redesignated cls. (1) to (3) as
    (A) to (C), inserted "(excluding the amount of private liability
    insurance available under the industry retrospective rating plan
    required in this subsection)", substituted "The Commission shall
    require licensees that are required to have and maintain primary
    financial protection equal to the maximum amount of liability
    insurance available from private sources to maintain, in addition
    to such primary financial protection," for "In prescribing such
    terms and conditions for licensees required to have and maintain
    financial protection equal to the maximum amount of liability
    insurance available from private sources, the Commission shall, by
    rule initially prescribed not later than twelve months from
    December 31, 1975, include, in determining such maximum amount",
    substituted "That the maximum amount of the standard deferred
    premium that may be charged a licensee following any nuclear
    incident under such a plan shall not be more than $63,000,000
    (subject to adjustment for inflation under subsection (t) of this
    section), but not more than $10,000,000 in any 1 year, for each
    facility for which such licensee is required to maintain the
    maximum amount of primary financial protection" for "That the
    standard deferred premium which may be charged following any
    nuclear incident under such a plan shall be not less than
    $2,000,000 nor more than $5,000,000 for each facility required to
    maintain the maximum amount of financial protection", inserted
    "(excluding legal costs subject to subsection (o)(1)(D) of this
    section, payment of which has not been authorized under such
    subsection)", and struck out "The Commission is authorized to
    establish a maximum amount which the aggregate deferred premiums
    charged for each facility within one calendar year may not exceed.
    The Commission may establish amounts less than the standard premium
    for individual facilities taking into account such factors as the
    facility's size, location, and other factors pertaining to the
    hazard."
      Subsec. (b)(2). Pub. L. 100-408, Sec. 2(c)(4), added par. (2).
      Subsec. (b)(3). Pub. L. 100-408, Sec. 2(d)(1), inserted par. (3)
    designation.
      Subsec. (b)(4). Pub. L. 100-408, Sec. 2(d)(2), added par. (4).
      Subsec. (c). Pub. L. 100-408, Sec. 16(e)(3), inserted
    "Indemnification of licenses by Nuclear Regulatory Commission" as
    heading.
      Pub. L. 100-408, Sec. 3, substituted "August 1, 2002" for "August
    1, 1987" wherever appearing.
      Subsec. (d). Pub. L. 100-408, Sec. 4(a), inserted
    "Indemnification of contractors by Department of Energy" as heading
    and completely revised and expanded subsec. (d), changing its
    structure from a single unnumbered subsection to one consisting of
    seven numbered paragraphs.
      Subsec. (e). Pub. L. 100-408, Sec. 6, inserted "Limitation on
    aggregate public liability" as heading and completely revised and
    expanded subsec. (e), changing its structure from a single
    unnumbered subsection to one consisting of four numbered
    paragraphs.
      Subsec. (f). Pub. L. 100-408, Sec. 16(e)(4), inserted "Collection
    of fees by Nuclear Regulatory Commission" as heading.
      Pub. L. 100-408, Sec. 16(b)(3), inserted "or the Secretary, as
    appropriate," in two places.
      Subsec. (g). Pub. L. 100-408, Sec. 16(e)(5), inserted "Use of
    services of private insurers" as heading.
      Pub. L. 100-408, Sec. 16(c)(1), substituted "section 3709 of the
    Revised Statutes (41 U.S.C. 5)" for "section 3709 of the Revised
    Statutes", which for purposes of codification was translated as
    "section 5 of title 41", thus requiring no change in text.
      Pub. L. 100-408, Sec. 16(b)(4), inserted "or the Secretary, as
    appropriate," after "Commission", wherever appearing.
      Subsec. (h). Pub. L. 100-408, Sec. 16(e)(6), inserted "Conditions
    of agreements of indemnification" as heading.
      Pub. L. 100-408, Sec. 16(b)(4), inserted "or the Secretary, as
    appropriate," after "Commission", wherever appearing.
      Subsec. (i). Pub. L. 100-408, Sec. 7(a), inserted "Compensation
    plans" as heading and completely revised and expanded subsec. (i),
    changing its structure from a single unnumbered subsection to one
    consisting of six numbered paragraphs.
      Subsec. (j). Pub. L. 100-408, Sec. 16(e)(7), inserted "Contracts
    in advance of appropriations" as heading.
      Pub. L. 100-408, Sec. 16(c)(2), substituted "sections 1341, 1342,
    1349, 1350, and 1351, and subchapter II of chapter 15, of title 31"
    for "section 3679 of the Revised Statutes, as amended".
      Pub. L. 100-408, Sec. 16(b)(4), inserted "or the Secretary, as
    appropriate,".
      Subsec. (k). Pub. L. 100-408, Sec. 16(e)(8), inserted "Exemption
    from financial protection requirement for nonprofit educational
    institutions" as heading.
      Pub. L. 100-408, Sec. 16(d)(5), in introductory provisions
    substituted "subsection a" for "subsection 170a", which for
    purposes of codification was translated as "subsection (a) of this
    section", thus requiring no change in text.
      Pub. L. 100-408, Sec. 8(1), substituted "August 1, 2002" for
    "August 1, 1987", wherever appearing in introductory and closing
    provisions.
      Subsec. (k)(1). Pub. L. 100-408, Sec. 8(2), substituted
    "including such legal costs of the licensee as are approved by the
    Commission" for "excluding cost of investigating and settling
    claims and defending suits for damage".
      Subsec. (l). Pub. L. 100-408, Sec. 9, inserted "Presidential
    commission on catastrophic nuclear accidents" as heading and
    completely revised and expanded subsec. (l), changing its structure
    from a single unnumbered subsection to one consisting of six
    numbered paragraphs.
      Subsec. (m). Pub. L. 100-408, Sec. 16(e)(9), inserted
    "Coordinated procedures for prompt settlement of claims and
    emergency assistance" as heading.
      Pub. L. 100-408, Sec. 16(b)(4), inserted "or the Secretary, as
    appropriate," after "Commission" wherever appearing.
      Subsec. (n). Pub. L. 100-408, Sec. 16(e)(10), inserted "Waiver of
    defenses and judicial procedures" as heading.
      Subsec. (n)(1). Pub. L. 100-408, Secs. 10, 16(b)(5)(A), (d)(6),
    redesignated existing subpars. (a), (b), and (c) as (A), (B), and
    (C), respectively, added subpars. (D), (E), and (F), substituted "a
    Department of Energy contractor" for "a Commission contractor" in
    subpar. (C), and, in closing provisions inserted ", or the
    Secretary, as appropriate," after "the Commission", struck out ",
    but in no event more than twenty years after the date of the
    nuclear incident" after "and the cause thereof", and substituted
    "subsection e" for "subsection 170e", which for purposes of
    codification was translated as "subsection (e) of this section",
    requiring no change in text.
      Subsec. (n)(2). Pub. L. 100-408, Sec. 16(b)(5)(B), inserted "or
    the Secretary, as appropriate" after "Commission".
      Pub. L. 100-408, Sec. 11(a), substituted "a nuclear incident" for
    "an extraordinary nuclear occurrence" in two places and "the
    nuclear incident" for "the extraordinary nuclear occurrence", and
    inserted "(including any such action pending on August 20, 1988)",
    and "In any action that is or becomes removable pursuant to this
    paragraph, a petition for removal shall be filed within the period
    provided in section 1446 of title 28 or within the 30-day period
    beginning on August 20, 1988, whichever occurs later."
      Subsec. (n)(3). Pub. L. 100-408, Sec. 11(c), added par. (3).
      Subsec. (o). Pub. L. 100-408, Sec. 11(d)(1), inserted "Plan for
    distribution of funds" as heading, designated existing provisions
    as par. (1), redesignated former pars. (1) to (3) as subpars. (A)
    to (C), respectively, and added subpars. (D) and (E) and par. (2).
      Subsec. (o)(1). Pub. L. 100-408, Sec. 7(b)(1), substituted "the
    applicable limit of liability under subparagraph (A), (B), or (C)
    of subsection (e)(1) of this section" for "subsection (e) of this
    section" in introductory provisions.
      Subsec. (o)(1)(B). Pub. L. 100-408, Sec. 16(d)(7), substituted
    "subparagraph (C)" for "subparagraph (3) of this subsection (o)".
      Subsec. (o)(1)(C). Pub. L. 100-408, Sec. 16(b)(6), inserted "or
    the Secretary, as appropriate," after first reference to
    "Commission" and "or the Secretary as appropriate" after second
    reference to "Commission".
      Subsec. (o)(4). Pub. L. 100-408, Sec. 7(b)(2), struck out par.
    (4) which read as follows: "The Commission shall, within ninety
    days after a court shall have made such determination, deliver to
    the Joint Committee a supplement to the report prepared in
    accordance with subsection (i) of this section setting forth the
    estimated requirements for full compensation and relief of all
    claimants, and recommendations as to the relief to be provided."
      Subsec. (p). Pub. L. 100-408, Sec. 16(e)(11), inserted "Reports
    to Congress" as heading.
      Pub. L. 100-408, Sec. 12, designated existing provisions as par.
    (1), substituted "and the Secretary shall submit to the Congress by
    August 1, 1998, detailed reports" for "shall submit to the Congress
    by August 1, 1983, a detailed report", and added par. (2).
      Subsec. (q). Pub. L. 100-408, Sec. 5(c), added subsec. (q).
      Subsec. (r). Pub. L. 100-408, Sec. 13, added subsec. (r).
      Subsec. (s). Pub. L. 100-408, Sec. 14, added subsec. (s).
      Subsec. (t). Pub. L. 100-408, Sec. 15, added subsec. (t).
      1975 - Subsec. (a). Pub. L. 94-197, Sec. 2, inserted provision
    relating to the public purposes cited in section 2012(i) of this
    title and "in the exercise of its licensing and regulatory
    authority and responsibility" after "as the Commission", and
    substituted "required, it may" for "required, it shall".
      Subsec. (b). Pub. L. 94-197, Sec. 3, inserted requirement that
    for facilities having a rated capacity of 100,000 electrical
    kilowatts or more, the amount of financial protection required
    shall be at a reasonable cost and on reasonable terms, and
    requirement that financial protection be subject to such terms and
    conditions as the Commission, by rule, regulation or order
    prescribes, and established premium and funding standards and
    procedures for prescribing terms and conditions for licensees
    required to have and maintain financial protection equal to the
    maximum amount of liability insurance available from private
    sources. Notwithstanding the directory language that amendment be
    made to section 107 b. of the Atomic Energy Act of 1954, as
    amended, the amendment was executed to section 170 b. of the Atomic
    Energy Act of 1954, as amended, (subsec. (b) of this section) as
    the probable intent of Congress.
      Subsec. (c). Pub. L. 94-197, Sec. 4, substituted "and August 1,
    1987, for which it requires financial protection of less than
    $560,000,000," for "and August 1, 1977, for which it requires
    financial protection,", "excluding" for "including the reasonable",
    and "August 1, 1987" for "August 1, 1977" in text relating to any
    production or utilization facility.
      Subsec. (d). Pub. L. 94-197, Sec. 5, substituted "until August 1,
    1987," for "until August 1, 1977," and "excluding" for "including
    the reasonable".
      Subsec. (e). Pub. L. 94-197, Sec. 6, designated existing
    provisions as cl. (1), added cl. (2), substituted proviso relating
    to Congressional review and action for proviso relating to
    aggregate liability exceeding the sum of $560,000,000, and
    substituted "And provided further" for "Provided further".
      Subsec. (f). Pub. L. 94-197, Sec. 7, inserted proviso which
    authorized Commission to reduce the indemnity fee for persons with
    whom indemnification agreements have been executed in reasonable
    relation to increases in financial protection above a level of
    $60,000,000.
      Subsec. (h). Pub. L. 94-197, Sec. 8, substituted "shall not
    include" for "may include reasonable".
      Subsec. (i). Pub. L. 94-197, Sec. 9, inserted "or which will
    probably result in public liability claims in excess of
    $560,000,000," after "this section", and requirement that
    Commission report extent of damage caused from a nuclear incident
    to the Congressmen of the affected districts and the Senators of
    the affected state and substituted provision relating to
    information concerning the national defense, for provisions
    relating to applicability of prohibition of sections 2161 to 2166
    of this title, other laws or Executive order.
      Subsec. (k). Pub. L. 94-197, Sec. 10, substituted "August 1,
    1987" for "August 1, 1977" wherever appearing and substituted
    "excluding" for "including the reasonable" in par. (1).
      Subsec. (l). Pub. L. 94-197, Sec. 11, substituted "excluding" for
    "including the reasonable".
      Subsec. (n)(1)(iii). Pub. L. 94-197, Sec. 12, substituted "twenty
    years" for "ten years".
      Subsec. (o)(3), (4). Pub. L. 94-197, Sec. 13, in par. (3)
    inserted provisions authorizing the establishment, in any plan for
    disposition of claims, of priorities between classes of claims and
    claimants to extent necessary to ensure the most equitable
    allocation of available funds, and added par. (4).
      Subsec. (p). Pub. L. 94-197, Sec. 14, added subsec. (p).
      1966 - Subsec. (e). Pub. L. 89-645, Sec. 2, struck out last
    sentence which authorized application by the Commission or any
    indemnified person to district court of the United States having
    venue in bankruptcy over location of nuclear incident and to United
    States District Court for the District of Columbia in cases of
    nuclear incidents occurring outside the United States, and upon a
    showing that public liability from a single nuclear incident will
    probably exceed the limit of imposable liability, entitled the
    applicant to orders for enforcement of this section, including
    limitation of liability of indemnified persons, staying payment of
    claims and execution of court judgments, apportioning payments to
    claimants, permitting partial payments before final determination
    of total claims, and setting aside part of funds for possible
    injuries not discovered until later time, now incorporated in
    subsec. (o) of this section.
      Subsecs. (m) to (o). Pub. L. 89-645, Sec. 3, added subsecs. (m)
    to (o).
      1965 - Subsec. (c). Pub. L. 89-210, Sec. 1, substituted "August
    1, 1977" for "August 1, 1967" wherever appearing, and inserted
    proviso requiring the amount of indemnity to be reduced by the
    amount that the financial protection required shall exceed
    $60,000,000.
      Subsec. (d). Pub. L. 89-210, Sec. 2, substituted "August 1, 1977"
    for "August 1, 1967," and inserted proviso requiring the amount of
    indemnity to be reduced by the amount that the financial protection
    required shall exceed $60,000,000.
      Subsec. (e). Pub. L. 89-210, Sec. 3, inserted proviso prohibiting
    the aggregate liability to exceed the sum of $560,000,000.
      Subsec. (k). Pub. L. 89-210, Sec. 4, substituted "August 1, 1977"
    for "August 1, 1967" wherever appearing.
      Subsec. (l). Pub. L. 89-210, Sec. 5, substituted "August 1, 1977"
    for "August 1, 1967" and "in the amount of $500,000,000" for "in
    the maximum amount provided by subsection (e) of this section",
    inserted "in the aggregate for all persons indemnified in
    connection with each nuclear incident", and inserted proviso
    requiring the amount of indemnity to be reduced by the amount that
    the financial protection required shall exceed $60,000,000.
      1964 - Subsec. (c). Pub. L. 88-394, Sec. 2, provided that with
    respect to any facility for which a permit is issued between Aug.
    30, 1954, and Aug. 1, 1967, the requirements of the subsection
    shall apply to any license issued subsequent to Aug. 1, 1967.
      Subsec. (k). Pub. L. 88-394, Sec. 3, provided that with respect
    to any facility for which a permit is issued between Aug. 30, 1954,
    and Aug. 1, 1967, the requirements of the subsection shall apply to
    any license issued subsequent to Aug. 1, 1967.
      1962 - Subsec. (d). Pub. L. 87-615, Sec. 6, limited the amount of
    indemnity provided by the Commission for nuclear incidents
    occurring outside the United States to $100,000,000.
      Subsec. (e). Pub. L. 87-615, Sec. 7, inserted proviso limiting
    the aggregate liability in cases of nuclear incidents occurring
    outside the United States to which an indemnification agreement
    entered into under subsec. (d) of this section is applicable, to
    $100,000,000, and substituted "occurring outside the United States,
    the Commission or any person indemnified may apply to the United
    States District Court for the District of Columbia" for "caused by
    ships of the United States outside of the United States, the
    Commission or any person indemnified may apply to the appropriate
    district court of the United States having venue in bankruptcy
    matters over the location of the principal place of business of the
    shipping company owning or operating the ship".
      1961 - Subsec. (d). Pub. L. 87-206 inserted provision for
    liability of contractor to extent of indemnification under this
    section free of defense of sovereign immunity.
      1958 - Subsec. (e). Pub. L. 85-602, Sec. 2[3], gave the district
    court that has venue in bankruptcy matters over the location of the
    principal place of business of the shipping company owning or
    operating the ship, jurisdiction in cases of nuclear incidents
    caused by ships of the United States outside of the United States.
      Subsec. (k). Pub. L. 85-744 added subsec. (k).
      Subsec. (l). Pub. L. 85-602, Sec. 2, added subsec. (l).

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-58, title VI, Sec. 609, Aug. 8, 2005, 119 Stat. 781,
    provided that: "The amendments made by sections 603, 604, and 605
    [amending this section] do not apply to a nuclear incident that
    occurs before the date of the enactment of this Act [Aug. 8,
    2005]."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-408 effective Aug. 20, 1988, and
    applicable with respect to nuclear incidents occurring on or after
    Aug. 20, 1988, except that amendment by section 11 of Pub. L. 100-
    408 applicable to nuclear incidents occurring before, on, or after
    Aug. 20, 1988, see section 20 of Pub. L. 100-408, set out as a note
    under section 2014 of this title.

                                SHORT TITLE                            
      This section is popularly known as the "Price-Anderson Act" and
    also as the "Atomic Energy Damages Act".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the Federal Emergency Management Agency, including the functions of
    the Director of the Federal Emergency Management Agency relating
    thereto, to the Secretary of Homeland Security, and for treatment
    of related references, see sections 313(1), 551(d), 552(d), and 557
    of Title 6, Domestic Security, and the Department of Homeland
    Security Reorganization Plan of November 25, 2002, as modified, set
    out as a note under section 542 of Title 6.

-MISC2-
                    TERMINATION OF ADVISORY COMMISSIONS                
      Advisory commissions established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a commission
    established by the President or an officer of the Federal
    Government, such commission is renewed by appropriate action prior
    to the expiration of such 2-year period, or in the case of a
    commission established by the Congress, its duration is otherwise
    provided for by law. See sections 3(2) and 14 of Pub. L. 92-463,
    Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title
    5, Government Organization and Employees.

                                 FINDINGS                             
      Pub. L. 106-245, Sec. 2, July 10, 2000, 114 Stat. 501, provided
    that: "Congress finds that - 
        "(1) the Radiation Exposure Compensation Act [Pub. L. 101-426]
      (42 U.S.C. 2210 note) recognized the responsibility of the
      Federal Government to compensate individuals who were harmed by
      the mining of radioactive materials or fallout from nuclear arms
      testing;
        "(2) a congressional oversight hearing conducted by the
      Committee on Labor and Human Resources [now Committee on Health,
      Education, Labor, and Pensions] of the Senate demonstrated that
      since enactment of the Radiation Exposure Compensation Act (42
      U.S.C. 2210 note), regulatory burdens have made it too difficult
      for some deserving individuals to be fairly and efficiently
      compensated;
        "(3) reports of the Atomic Energy Commission and the National
      Institute for Occupational Safety and Health testify to the need
      to extend eligibility to States in which the Federal Government
      sponsored uranium mining and milling from 1941 through 1971;
        "(4) scientific data resulting from the enactment of the
      Radiation[-]Exposed Veterans Compensation Act of 1988 (38 U.S.C.
      101 note) [Pub. L. 100-321, see Tables for classification], and
      obtained from the Committee on the Biological Effects of Ionizing
      Radiations, and the President's Advisory Committee on Human
      Radiation Experiments provide medical validation for the
      extension of compensable radiogenic pathologies;
        "(5) above-ground uranium miners, millers and individuals who
      transported ore should be fairly compensated, in a manner similar
      to that provided for underground uranium miners, in cases in
      which those individuals suffered disease or resultant death,
      associated with radiation exposure, due to the failure of the
      Federal Government to warn and otherwise help protect citizens
      from the health hazards addressed by the Radiation Exposure
      Compensation Act of 1990 (42 U.S.C. 2210 note); and
        "(6) it should be the responsibility of the Federal Government
      in partnership with State and local governments and appropriate
      healthcare organizations, to initiate and support programs
      designed for the early detection, prevention and education on
      radiogenic diseases in approved States to aid the thousands of
      individuals adversely affected by the mining of uranium and the
      testing of nuclear weapons for the Nation's weapons arsenal."

                                AFFIDAVITS                            
      Pub. L. 106-245, Sec. 3(e)(2), July 10, 2000, 114 Stat. 507,
    provided that:
      "(A) In general. - The Attorney General shall take such action as
    may be necessary to ensure that the procedures established by the
    Attorney General under section 6 of the Radiation Exposure
    Compensation Act [Pub. L. 101-426] (42 U.S.C. 2210 note) provide
    that, in addition to any other material that may be used to
    substantiate employment history for purposes of determining working
    level months, an individual filing a claim under those procedures
    may make such a substantiation by means of an affidavit described
    in subparagraph (B).
      "(B) Affidavits. - An affidavit referred to under subparagraph
    (A) is an affidavit - 
        "(i) that meets such requirements as the Attorney General may
      establish; and
        "(ii) is made by a person other than the individual filing the
      claim that attests to the employment history of the claimant."

                                GAO REPORTS                            
      Pub. L. 106-245, Sec. 3(i), July 10, 2000, 114 Stat. 508, which
    required General Accounting Office, not later than 18 months after
    July 10, 2000, and every 18 months thereafter, to submit a report
    to Congress containing a detailed accounting of the administration
    of the Radiation Exposure Compensation Act (Pub. L. 101-426, 42
    U.S.C. 2210 note) by the Department of Justice, was repealed by
    Pub. L. 107-273, div. C, title I, Sec. 11007(b), Nov. 2, 2002, 116
    Stat. 1818. See section 14 of Pub. L. 101-426, set out below.

                      RADIATION EXPOSURE COMPENSATION                  
      Pub. L. 101-426, Oct. 15, 1990, 104 Stat. 920, as amended by Pub.
    L. 101-510, div. C, title XXXI, Secs. 3139, 3140, Nov. 5, 1990, 104
    Stat. 1835, 1837; Pub. L. 102-486, title XXX, Sec. 3018, Oct. 24,
    1992, 106 Stat. 3131; Pub. L. 106-245, Sec. 3(a)-(e)(1), (f)-(h),
    July 10, 2000, 114 Stat. 502-508; Pub. L. 107-107, div. A, title X,
    Sec. 1063, Dec. 28, 2001, 115 Stat. 1232; Pub. L. 107-273, div. C,
    title I, Sec. 11007(a), Nov. 2, 2002, 116 Stat. 1817; Pub. L. 108-
    271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108-375, div.
    C, title XXXI, Sec. 3165(b), Oct. 28, 2004, 118 Stat. 2187; Pub. L.
    108-447, div. B, title I, Sec. 122, Dec. 8, 2004, 118 Stat. 2870,
    provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Radiation Exposure Compensation
    Act'.

      "SEC. 2. FINDINGS, PURPOSE, AND APOLOGY.
      "(a) Findings. - The Congress finds that - 
        "(1) fallout emitted during the Government's atmospheric
      nuclear tests exposed individuals to radiation that is presumed
      to have generated an excess of cancers among these individuals;
        "(2) the health of the individuals who were exposed to
      radiation in these tests was put at risk to serve the national
      security interests of the United States;
        "(3) radiation released in underground uranium mines that were
      providing uranium for the primary use and benefit of the nuclear
      weapons program of the United States Government exposed miners to
      large doses of radiation and other airborne hazards in the mine
      environment that together are presumed to have produced an
      increased incidence of lung cancer and respiratory diseases among
      these miners;
        "(4) the United States should recognize and assume
      responsibility for the harm done to these individuals; and
        "(5) the Congress recognizes that the lives and health of
      uranium miners and of individuals who were exposed to radiation
      were subjected to increased risk of injury and disease to serve
      the national security interests of the United States.
      "(b) Purpose. - It is the purpose of this Act to establish a
    procedure to make partial restitution to the individuals described
    in subsection (a) for the burdens they have borne for the Nation as
    a whole.
      "(c) Apology. - The Congress apologizes on behalf of the Nation
    to the individuals described in subsection (a) and their families
    for the hardships they have endured.

      "SEC. 3. TRUST FUND.
      "(a) Establishment. - There is established in the Treasury of the
    United States, a trust fund to be known as the 'Radiation Exposure
    Compensation Trust Fund' (hereinafter in this Act referred to as
    the 'Fund'), which shall be administered by the Secretary of the
    Treasury.
      "(b) Investment of Amounts in the Fund. - Amounts in the Fund
    shall be invested in accordance with section 9702 of title 31,
    United States Code, and any interest on, and proceeds from any such
    investment shall be credited to and become a part of the Fund.
      "(c) Availability of the Fund. - Amounts in the Fund shall be
    available only for disbursement by the Attorney General under
    section 6.
      "(d) Termination. - The Fund shall terminate 22 years after the
    date of the enactment of the Radiation Exposure Compensation Act
    Amendments of 2000 [July 10, 2000]. If all of the amounts in the
    Fund have not been expended by the end of that 22-year period,
    investments of amounts in the Fund shall be liquidated and receipts
    thereof deposited in the Fund and all funds remaining in the Fund
    shall be deposited in the miscellaneous receipts account in the
    Treasury.
      "(e) Appropriation. - 
        "(1) In general. - There are appropriated to the Fund, out of
      any money in the Treasury not otherwise appropriated, for fiscal
      year 2002 and each fiscal year thereafter, such sums as may be
      necessary, not to exceed the applicable maximum amount specified
      in paragraph (2), to carry out the purposes of the Fund.
        "(2) Limitation. - Appropriation of amounts to the Fund
      pursuant to paragraph (1) is subject to the following maximum
      amounts:
          "(A) For fiscal year 2002, $172,000,000.
          "(B) For fiscal year 2003, $143,000,000.
          "(C) For fiscal year 2004, $107,000,000.
          "(D) For fiscal year 2005, $65,000,000.

      "SEC. 4. CLAIMS RELATING TO ATMOSPHERIC NUCLEAR TESTING.
      "(a) Claims. - 
        "(1) Claims relating to leukemia. - 
          "(A) In general. - An individual described in this
        subparagraph shall receive an amount specified in subparagraph
        (B) if the conditions described in subparagraph (C) are met. An
        individual referred to in the preceding sentence is an
        individual who - 
            "(i)(I) was physically present in an affected area for a
          period of at least 1 year during the period beginning on
          January 21, 1951, and ending on October 31, 1958;
            "(II) was physically present in the affected area for the
          period beginning on June 30, 1962, and ending on July 31,
          1962; or
            "(III) participated onsite in a test involving the
          atmospheric detonation of a nuclear device; and
            "(ii) submits written documentation that such individual
          developed leukemia - 
         "(I) after the applicable period of physical presence
          described in subclause (I) or (II) of clause (i) or onsite
          participation described in clause (i)(III) (as the case may
          be); and
         "(II) more that [sic] 2 years after first exposure to fallout.
          "(B) Amounts. - If the conditions described in subparagraph
        (C) are met, an individual - 
            "(i) who is described in subclause (I) or (II) of
          subparagraph (A)(i) shall receive $50,000; or
            "(ii) who is described in subclause (III) of subparagraph
          (A)(i) shall receive $75,000.
          "(C) Conditions. - The conditions described in this
        subparagraph are as follows:
            "(i) Initial exposure occurred prior to age 21.
            "(ii) The claim for a payment under subparagraph (B) is
          filed with the Attorney General by or on behalf of the
          individual.
            "(iii) The Attorney General determines, in accordance with
          section 6, that the claim meets the requirements of this Act.
        "(2) Claims Relating to Specified Diseases. - Any individual
      who - 
          "(A) was physically present in the affected area for a period
        of at least 2 years during the period beginning on January 21,
        1951, and ending on October 31, 1958,
          "(B) was physically present in the affected area for the
        period beginning on June 30, 1962, and ending on July 31, 1962,
        or
          "(C) participated onsite in a test involving the atmospheric
        detonation of a nuclear device,
      and who submits written medical documentation that he or she,
      after such period of physical presence or such participation (as
      the case may be), contracted a specified disease, shall receive
      $50,000 (in the case of an individual described in subparagraph
      (A) or (B)) or $75,000 (in the case of an individual described in
      subparagraph (C)), if - 
          "(i) the claim for such payment is filed with the Attorney
        General by or on behalf of such individual, and
          "(ii) the Attorney General determines, in accordance with
        section 6, that the claim meets the requirements of this Act.
        "(3) Conformity with section 6. - Payments under this section
      may be made only in accordance with section 6.
        "(4) Exclusion. - No payment may be made under this section on
      any claim of the Government of the Marshall Islands, or of any
      citizen or national of the Marshall Islands, that is referred to
      in Article X, Section 1 of the Agreement Between the Government
      of the United States and the Government of the Marshall Islands
      for the Implementation of section 177 of the Compact of Free
      Association (as approved by the Compact of Free Association Act
      of 1985 (Public Law 99-239) [48 U.S.C. 1901 et seq., 2001 et
      seq.]).
      "(b) Definitions. - For purposes of this section, the term - 
        "(1) 'affected area' means - 
          "(A) in the State of Utah, the counties of Washington, Iron,
        Kane, Garfield, Sevier, Beaver, Millard, Wayne, San Juan, and
        Piute;
          "(B) in the State of Nevada, the counties of White Pine, Nye,
        Lander, Lincoln, Eureka, and that portion of Clark County that
        consists of townships 13 through 16 at ranges 63 through 71;
        and
          "(C) in the State of Arizona, the counties of Coconino,
        Yavapai, Navajo, Apache, and Gila, and that part of Arizona
        that is north of the Grand Canyon; and
        "(2) 'specified disease' means leukemia (other than chronic
      lymphocytic leukemia), provided that initial exposure occurred
      after the age of 20 and the onset of the disease was at least 2
      years after first exposure, and the following diseases, provided
      onset was at least 5 years after first exposure: multiple
      myeloma, lymphomas (other than Hodgkin's disease), and primary
      cancer of the: thyroid, male or female breast, esophagus,
      stomach, pharynx, small intestine, pancreas, bile ducts, gall
      bladder, salivary gland, urinary bladder, brain, colon, ovary,
      liver (except if cirrhosis or hepatitis B is indicated), or lung.

      "SEC. 5. CLAIMS RELATING TO URANIUM MINING.
      "(a) Eligibility of Individuals. - 
        "(1) In general. - An individual shall receive $100,000 for a
      claim made under this Act if - 
          "(A) that individual - 
            "(i) was employed in a uranium mine or uranium mill
          (including any individual who was employed in the transport
          of uranium ore or vanadium-uranium ore from such mine or
          mill) located in Colorado, New Mexico, Arizona, Wyoming,
          South Dakota, Washington, Utah, Idaho, North Dakota, Oregon,
          and Texas at any time during the period beginning on January
          1, 1942, and ending on December 31, 1971; and
            "(ii)(I) was a miner exposed to 40 or more working level
          months of radiation or worked for at least 1 year during the
          period described under clause (i) and submits written medical
          documentation that the individual, after that exposure,
          developed lung cancer or a nonmalignant respiratory disease;
          or
            "(II) was a miller or ore transporter who worked for at
          least 1 year during the period described under clause (i) and
          submits written medical documentation that the individual,
          after that exposure, developed lung cancer or a nonmalignant
          respiratory disease or renal cancers and other chronic renal
          disease including nephritis and kidney tubal tissue injury;
          "(B) the claim for that payment is filed with the Attorney
        General by or on behalf of that individual; and
          "(C) the Attorney General determines, in accordance with
        section 6, that the claim meets the requirements of this Act.
        "(2) Inclusion of additional states. - Paragraph (1)(A)(i)
      shall apply to a State, in addition to the States named under
      such clause, if - 
          "(A) a uranium mine was operated in such State at any time
        during the period beginning on January 1, 1942, and ending on
        December 31, 1971;
          "(B) the State submits an application to the Department of
        Justice to include such State; and
          "(C) the Attorney General makes a determination to include
        such State.
        "(3) Payment requirement. - Each payment under this section may
      be made only in accordance with section 6.
      "(b) Definitions. - For purposes of this section - 
        "(1) the term 'working level month of radiation' means
      radiation exposure at the level of one working level every work
      day for a month, or an equivalent exposure over a greater or
      lesser amount of time;
        "(2) the term 'working level' means the concentration of the
      short half-life daughters of radon that will release
      (1.3*10(!5)) million electron volts of alpha energy per liter
      of air;
        "(3) the term 'nonmalignant respiratory disease' means fibrosis
      of the lung, pulmonary fibrosis, corpulmonale related to fibrosis
      of the lung, silicosis, and pneumoconiosis;
        "(4) the term 'Indian tribe' means any Indian tribe, band,
      nation, pueblo, or other organized group or community, that is
      recognized as eligible for special programs and services provided
      by the United States to Indian tribes because of their status as
      Indians;
        "(5) the term 'written medical documentation' for purposes of
      proving a nonmalignant respiratory disease means, in any case in
      which the claimant is living - 
          "(A)(i) an arterial blood gas study; or
          "(ii) a written diagnosis by a physician meeting the
        requirements of subsection (c)(1); and
          "(B)(i) a chest x-ray administered in accordance with
        standard techniques and the interpretive reports of a maximum
        of two National Institute of Occupational Health and Safety
        certified 'B' readers classifying the existence of the
        nonmalignant respiratory disease of category 1/0 or higher
        according to a 1989 report of the International Labor Office
        (known as the 'ILO'), or subsequent revisions;
          "(ii) high resolution computed tomography scans (commonly
        known as 'HRCT scans') (including computer assisted tomography
        scans (commonly known as 'CAT scans'), magnetic resonance
        imaging scans (commonly known as 'MRI scans'), and positron
        emission tomography scans (commonly known as 'PET scans')) and
        interpretive reports of such scans;
          "(iii) pathology reports of tissue biopsies; or
          "(iv) pulmonary function tests indicating restrictive lung
        function, as defined by the American Thoracic Society;
        "(6) the term 'lung cancer' - 
          "(A) means any physiological condition of the lung, trachea,
        or bronchus that is recognized as lung cancer by the National
        Cancer Institute; and
          "(B) includes in situ lung cancers;
        "(7) the term 'uranium mine' means any underground excavation,
      including 'dog holes', as well as open pit, strip, rim, surface,
      or other aboveground mines, where uranium ore or vanadium-uranium
      ore was mined or otherwise extracted; and
        "(8) the term 'uranium mill' includes milling operations
      involving the processing of uranium ore or vanadium-uranium ore,
      including both carbonate and acid leach plants.
      "(c) Written Documentation. - 
        "(1) Diagnosis alternative to arterial blood gas study. - 
          "(A) In general. - For purposes of this Act, the written
        diagnosis and the accompanying interpretive reports described
        in subsection (b)(5)(A) shall - 
            "(i) be considered to be conclusive; and
            "(ii) be subject to a fair and random audit procedure
          established by the Attorney General.
          "(B) Certain written diagnoses. - 
            "(i) In general. - For purposes of this Act, a written
          diagnosis made by a physician described under clause (ii) of
          a nonmalignant pulmonary disease of a claimant that is
          accompanied by written documentation shall be considered to
          be conclusive evidence of that disease.
            "(ii) Description of physicians. - A physician referred to
          under clause (i) is a physician who - 
         "(I) is employed by the Indian Health Service or the
          Department of Veterans Affairs; or
         "(II) is a board certified physician; and
         "(III) has a documented ongoing physician patient relationship
          with the claimant.
        "(2) Chest x-rays. - 
          "(A) In general. - For purposes of this Act, a chest x-ray
        and the accompanying interpretive reports described in
        subsection (b)(5)(B) shall - 
            "(i) be considered to be conclusive; and
            "(ii) be subject to a fair and random audit procedure
          established by the Attorney General.
          "(B) Certain written diagnoses. - 
            "(i) In general. - For purposes of this Act, a written
          diagnosis made by a physician described in clause (ii) of a
          nonmalignant pulmonary disease of a claimant that is
          accompanied by written documentation that meets the
          definition of that term under subsection (b)(5) shall be
          considered to be conclusive evidence of that disease.
            "(ii) Description of physicians. - A physician referred to
          under clause (i) is a physician who - 
         "(I) is employed by - 
              "(aa) the Indian Health Service; or
              "(bb) the Department of Veterans Affairs; and
         "(II) has a documented ongoing physician patient relationship
          with the claimant.

      "SEC. 6. DETERMINATION AND PAYMENT OF CLAIMS.
      "(a) Establishment of Filing Procedures. - The Attorney General
    shall establish procedures whereby individuals may submit claims
    for payments under this Act. In establishing procedures under this
    subsection, the Attorney General shall take into account and make
    allowances for the law, tradition, and customs of Indian tribes (as
    that term is defined in section 5(b)) and members of Indian tribes,
    to the maximum extent practicable.
      "(b) Determination of Claims. - 
        "(1) In general. - The Attorney General shall, in accordance
      with this subsection, determine whether each claim filed under
      this Act meets the requirements of this Act. All reasonable doubt
      with regard to whether a claim meets the requirements of this Act
      shall be resolved in favor of the claimant.
        "(2) Consultation. - The Attorney General shall - 
          "(A) in consultation with the Surgeon General, establish
        guidelines for determining what constitutes written medical
        documentation that an individual contracted leukemia under
        section 4(a)(1), a specified disease under section 4(a)(2), or
        other disease specified in section 5;
          "(B) in consultation with the Director of the National
        Institute for Occupational Safety and Health, establish
        guidelines for determining what constitutes documentation that
        an individual was exposed to the working level months of
        radiation under section 5; and
          "(C) in consultation with the Secretary of Defense and the
        Secretary of Energy, establish guidelines for determining what
        constitutes documentation that an individual participated
        onsite in a test involving the atmospheric detonation of a
        nuclear device under section 4(a)(2)(C).
      The Attorney General may consult with the Surgeon General with
      respect to making determinations pursuant to the guidelines
      issued under subparagraph (A), with the Director of the National
      Institute for Occupational Safety and Health with respect to
      making determinations pursuant to the guidelines issued under
      subparagraph (B), and with the Secretary of Defense and the
      Secretary of Energy with respect to making determinations
      pursuant to the guidelines issued under subparagraph (C)..[sic]
      "(c) Payment of Claims. - 
        "(1) In general. - The Attorney General shall pay, from amounts
      available in the Fund (or, in the case of a payment under section
      5, from the Energy Employees Occupational Illness Compensation
      Fund, pursuant to section 3630(d) of the Energy Employees
      Occupational Illness Compensation Program Act of 2000 [42 U.S.C.
      7384u(d)]), claims filed under this Act which the Attorney
      General determines meet the requirements of this Act.
        "(2) Offset for certain payments. - (A) A payment to an
      individual, or to a survivor of that individual, under this
      section on a claim under subsection (a)(1), (a)(2)(A), or
      (a)(2)(B) of section 4 or a claim under section 5 shall be offset
      by the amount of any payment made pursuant to a final award or
      settlement on a claim (other than a claim for worker's
      compensation), against any person, that is based on injuries
      incurred by that individual on account of - 
          "(i) exposure to radiation, from atmospheric nuclear testing,
        in the affected area (as defined in section 4(b)(1)) at any
        time during the period described in subsection (a)(1),
        (a)(2)(A), or (a)(2)(B) of section 4, or
          "(ii) exposure to radiation in a uranium mine at any time
        during the period described in section 5(a).
        "(B) A payment to an individual, or to a survivor of that
      individual, under this section on a claim under section
      4(a)(2)(C) shall be offset by the amount of - 
          "(i) any payment made pursuant to a final award or settlement
        on a claim (other than a claim for workers' compensation),
        against any person, or
          "(ii) any payment made by the Department of Veterans Affairs,
      that is based on injuries incurred by that individual on account
      of exposure to radiation as a result of onsite participation in a
      test involving the atmospheric detonation of a nuclear device.
      The amount of the offset under this subparagraph with respect to
      payments described in clauses (i) and (ii) shall be the actuarial
      present value of such payments.
        "(3) Right of subrogation. - Upon payment of a claim under this
      section, the United States Government is subrogated for the
      amount of the payment to a right or claim that the individual to
      whom the payment was made may have against any person on account
      of injuries referred to in paragraph (2).
        "(4) Payments in the case of deceased persons. - 
          "(A) In general. - In the case of an individual who is
        deceased at the time of payment under this section, such
        payment may be made only as follows:
            "(i) If the individual is survived by a spouse who is
          living at the time of payment, such payment shall be made to
          such surviving spouse.
            "(ii) If there is no surviving spouse described in clause
          (i), such payment shall be made in equal shares to all
          children of the individual who are living at the time of
          payment.
            "(iii) If there is no surviving spouse described in clause
          (i) and if there are no children described in clause (ii),
          such payment shall be made in equal shares to the parents of
          the individual who are living at the time of payment.
            "(iv) If there is no surviving spouse described in clause
          (i), and if there are no children described in clause (ii) or
          parents described in clause (iii), such payment shall be made
          in equal shares to all grandchildren of the individual who
          are living at the time of payment.
            "(v) If there is no surviving spouse described in clause
          (i), and if there are no children described in clause (ii),
          parents described in clause (iii), or grandchildren described
          in clause (iv), then such payment shall be made in equal
          shares to the grandparents of the individual who are living
          at the time of payment.
          "(B) Individuals who are survivors. - If an individual
        eligible for payment under section 4 or 5 dies before filing a
        claim under this Act, a survivor of that individual who may
        receive payment under subparagraph (A) may file a claim for
        such payment under this Act.
          "(C) Definitions. - For purposes of this paragraph - 
            "(i) the 'spouse' of an individual is a wife or husband of
          that individual who was married to that individual for at
          least one year immediately before the death of that
          individual;
            "(ii) a 'child' includes a recognized natural child, a
          stepchild who lived with an individual in a regular parent-
          child relationship, and an adopted child;
            "(iii) a 'parent' includes fathers and mothers through
          adoption;
            "(iv) a 'grandchild' of an individual is a child of a child
          of that individual; and
            "(v) a 'grandparent' of an individual is a parent of a
          parent of that individual.
          "(D) Application of native american law. - In determining
        those individuals eligible to receive compensation by virtue of
        marriage, relationship, or survivorship, such determination
        shall take into consideration and give effect to established
        law, tradition, and custom of the particular affected Indian
        tribe.
      "(d) Action on Claims. - 
        "(1) In general. - The Attorney General shall complete the
      determination on each claim filed in accordance with the
      procedures established under subsection (a) not later than twelve
      months after the claim is so filed. For purposes of determining
      when the 12-month period ends, a claim under this Act shall be
      deemed filed as of the date of its receipt by the Attorney
      General. In the event of the denial of a claim, the claimant
      shall be permitted a reasonable period in which to seek
      administrative review of the denial by the Attorney General. The
      Attorney General shall make a final determination with respect to
      any administrative review within 90 days after the receipt of the
      claimant's request for such review. In the event the Attorney
      General fails to render a determination within 12 months after
      the date of the receipt of such request, the claim shall be
      deemed awarded as a matter of law and paid.
        "(2) Additional information. - The Attorney General may request
      from any claimant under this Act, or from any individual or
      entity on behalf of any such claimant, any reasonable additional
      information or documentation necessary to complete the
      determination on the claim in accordance with the procedures
      established under subsection (a).
        "(3) Treatment of period associated with request. - 
          "(A) In general. - The period described in subparagraph (B)
        shall not apply to the 12-month limitation under paragraph (1).
          "(B) Period. - The period described in this subparagraph is
        the period - 
            "(i) beginning on the date on which the Attorney General
          makes a request for additional information or documentation
          under paragraph (2); and
            "(ii) ending on the date on which the claimant or
          individual or entity acting on behalf of that claimant
          submits that information or documentation or informs the
          Attorney General that it is not possible to provide that
          information or that the claimant or individual or entity will
          not provide that information.
        "(4) Payment within 6 weeks. - The Attorney General shall
      ensure that an approved claim is paid not later than 6 weeks
      after the date on which such claim is approved.
        "(5) Native american considerations. - Any procedures under
      this subsection shall take into consideration and incorporate, to
      the fullest extent feasible, Native American law, tradition, and
      custom with respect to the submission and processing of claims by
      Native Americans.
      "(e) Payment in Full Settlement of Claims Against the United
    States. - Except as otherwise authorized by law, the acceptance of
    payment by an individual under this section shall be in full
    satisfaction of all claims of or on behalf of that individual
    against the United States, or against any person with respect to
    that person's performance of a contract with the United States,
    that arise out of exposure to radiation, from atmospheric nuclear
    testing, in the affected area (as defined in section 4(b)(1)) at
    any time during the period described in subsection (a)(1),
    (a)(2)(A), or (a)(2)(B) of section 4, exposure to radiation in a
    uranium mine, mill, or while employed in the transport of uranium
    ore or vanadium-uranium ore from such mine or mill at any time
    during the period described in section 5(a), or exposure to
    radiation as a result of onsite participation in a test involving
    the atmospheric detonation of a nuclear device.
      "(f) Administrative Costs Not Paid From the Fund. - No costs
    incurred by the Attorney General in carrying out this section shall
    be paid from the Fund or set off against, or otherwise deducted
    from, any payment under this section to any individual.
      "(g) Termination of Duties of Attorney General. - The duties of
    the Attorney General under this section shall cease when the Fund
    terminates.
      "(h) Certification of Treatment of Payments Under Other Laws. -
    Amounts paid to an individual under this section - 
        "(1) shall be treated for purposes of the internal revenue laws
      of the United States as damages for human suffering; and
        "(2) shall not be included as income or resources for purposes
      of determining eligibility to receive benefits described in
      section 3803(c)(2)(C) of title 31, United States Code, or the
      amount of such benefits.
      "(i) Use of Existing Resources. - The Attorney General should use
    funds and resources available to the Attorney General to carry out
    his or her functions under this Act.
      "(j) Regulatory Authority. - The Attorney General may issue such
    regulations as are necessary to carry out this Act.
      "(k) Issuance of Regulations, Guidelines, and Procedures. -
    Regulations, guidelines, and procedures to carry out this Act shall
    be issued not later than 180 days after the date of the enactment
    of this Act [Oct. 15, 1990]. Not later than 180 days after the date
    of enactment of the Radiation Exposure Compensation Act Amendments
    of 2000 [July 10, 2000], the Attorney General shall issue revised
    regulations to carry out this Act.
      "(l) Judicial Review. - An individual whose claim for
    compensation under this Act is denied may seek judicial review
    solely in a district court of the United States. The court shall
    review the denial on the administrative record and shall hold
    unlawful and set aside the denial if it is arbitrary, capricious,
    an abuse of discretion, or otherwise not in accordance with law.

      "SEC. 7. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; CHOICE OF
        REMEDIES.
      "(a) Claims Not Assignable or Transferable. - No claim cognizable
    under this Act shall be assignable or transferable.
      "(b) Choice of Remedies. - No individual may receive more than 1
    payment under this Act.

      "SEC. 8. LIMITATIONS ON CLAIMS.
      "(a) In General. - A claim to which this Act applies shall be
    barred unless the claim is filed within 22 years after the date of
    the enactment of the Radiation Exposure Compensation Act Amendments
    of 2000 [July 10, 2000].
      "(b) Resubmittal of Claims. - After the date of the enactment of
    the Radiation Exposure Compensation Act Amendments of 2000 [July
    10, 2000], any claimant who has been denied compensation under this
    Act may resubmit a claim for consideration by the Attorney General
    in accordance with this Act not more than three times. Any
    resubmittal made before the date of the enactment of the Radiation
    Exposure Compensation Act Amendments of 2000 shall not be applied
    to the limitation under the preceding sentence.

      "SEC. 9. ATTORNEY FEES.
      "(a) General Rule. - Notwithstanding any contract, the
    representative of an individual may not receive, for services
    rendered in connection with the claim of an individual under this
    Act, more than that percentage specified in subsection (b) of a
    payment made under this Act on such claim.
      "(b) Applicable Percentage Limitations. - The percentage referred
    to in subsection (a) is - 
        "(1) 2 percent for the filing of an initial claim; and
        "(2) 10 percent with respect to - 
          "(A) any claim with respect to which a representative has
        made a contract for services before the date of the enactment
        of the Radiation Exposure Compensation Act Amendments of 2000
        [July 10, 2000]; or
          "(B) a resubmission of a denied claim.
      "(c) Penalty. - Any such representative who violates this section
    shall be fined not more than $5,000.

      "SEC. 10. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.
      "A payment made under this Act shall not be considered as any
    form of compensation or reimbursement for a loss for purposes of
    imposing liability on any individual receiving such payment, on the
    basis of such receipt, to repay any insurance carrier for insurance
    payments, or to repay any person on account of worker's
    compensation payments; and a payment under this Act shall not
    affect any claim against an insurance carrier with respect to
    insurance or against any person with respect to worker's
    compensation.

      "SEC. 11. BUDGET ACT.
      "No authority under this Act to enter into contracts or to make
    payments shall be effective in any fiscal year except to such
    extent or in such amounts as are provided in advance in
    appropriations Acts.

      "SEC. 12. REPORT.
      "(a) Report. - The Secretary of Health and Human Services shall
    submit a report on the incidence of radiation related moderate or
    severe silicosis and pneumoconiosis in uranium miners employed in
    the uranium mines that are defined in section 5 and are located off
    of Indian reservations.
      "(b) Completion. - Such report shall be completed not later than
    September 30, 1992.

      "SEC. 13. REPEAL.
      "Section 1631 of the Department of Energy National Security and
    Military Applications of Nuclear Energy Authorization Act of 1985
    (42 U.S.C. 2212) is repealed.

      "SEC. 14. GAO REPORTS.
      "(a) In General. - Not later than 18 months after the date of
    enactment of the Radiation Exposure Compensation Act Amendments of
    2000 [July 10, 2000], and every 18 months thereafter, the
    Government Accountability Office shall submit a report to Congress
    containing a detailed accounting of the administration of this Act
    by the Department of Justice.
      "(b) Contents. - Each report submitted under this section shall
    include an analysis of - 
        "(1) claims, awards, and administrative costs under this Act;
      and
        "(2) the budget of the Department of Justice relating to this
      Act."

             NEGOTIATED RULEMAKING ON FINANCIAL PROTECTION FOR
                       RADIOPHARMACEUTICAL LICENSEES
      Section 19 of Pub. L. 100-408 provided that:
      "(a) Rulemaking Proceeding. - 
        "(1) Purpose. - The Nuclear Regulatory Commission (hereafter in
      this section referred to as the 'Commission') shall initiate a
      proceeding, in accordance with the requirements of this section,
      to determine whether to enter into indemnity agreements under
      section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210)
      with persons licensed by the Commission under section 81, 104(a),
      or 104(c) of the Atomic Energy Act of 1954 (42 U.S.C. 2111,
      2134(a), and 2134(c)) or by a State under section 274(b) of the
      Atomic Energy Act of 1954 (42 U.S.C. 2021(b)) for the
      manufacture, production, possession, or use of radioisotopes or
      radiopharmaceuticals for medical purposes (hereafter in this
      section referred to as 'radiopharmaceutical licensees').
        "(2) Final determination. - A final determination with respect
      to whether radiopharmaceutical licensees, or any class of such
      licensees, shall be indemnified pursuant to section 170 of the
      Atomic Energy Act of 1954 (42 U.S.C. 2210) and if so, the terms
      and conditions of such indemnification, shall be rendered by the
      Commission within 18 months of the date of the enactment of this
      Act [Aug. 20, 1988].
      "(b) Negotiated Rulemaking. - 
        "(1) Administrative conference guidelines. - For the purpose of
      making the determination required under subsection (a), the
      Commission shall, to the extent consistent with the provisions of
      this Act [see Short Title of 1988 Amendment note set out under
      section 2011 of this title], conduct a negotiated rulemaking in
      accordance with the guidance provided by the Administrative
      Conference of the United States in Recommendation 82-4,
      'Procedures for Negotiating Proposed Regulations' (42 Fed. Reg.
      30708, July 15, 1982).
        "(2) Designation of convener. - Within 30 days of the date of
      the enactment of this Act [Aug. 20, 1988], the Commission shall
      designate an individual or individuals recommended by the
      Administrative Conference of the United States to serve as a
      convener for such negotiations.
        "(3) Submission of recommendations of the convener. - The
      convener shall, not later than 7 months after the date of the
      enactment of this Act, submit to the Commission recommendations
      for a proposed rule regarding whether the Commission should enter
      into indemnity agreements under section 170 of the Atomic Energy
      Act of 1954 (42 U.S.C. 2210) with radiopharmaceutical licensees
      and, if so, the terms and conditions of such indemnification. If
      the convener recommends that such indemnity be provided for
      radiopharmaceutical licensees, the proposed rule submitted by the
      convener shall set forth the procedures for the execution of
      indemnification agreements with radiopharmaceutical licensees.
        "(4) Publication of recommendations and proposed rule. - If the
      convener recommends that such indemnity be provided for
      radiopharmaceutical licensees, the Commission shall publish the
      recommendations of the convener submitted under paragraph (3) as
      a notice of proposed rulemaking within 30 days of the submission
      of such recommendations under such paragraph.
        "(5) Administrative procedures. - To the extent consistent with
      the provisions of this Act, the Commission shall conduct the
      proceeding required under subsection (a) in accordance with
      section 553 of title 5, United States Code."

-EXEC-
                         EXECUTIVE ORDER NO. 12658                     
      Ex. Ord. No. 12658, Nov. 18, 1988, 53 F.R. 47517, as amended by
    Ex. Ord. No. 12665, Jan. 12, 1989, 54 F.R. 1919, which established
    President's Commission on Catastrophic Nuclear Accidents, was
    revoked by Ex. Ord. No. 12774, Sec. 3(c), Sept. 27, 1991, 56 F.R.
    49836, set out as a note under section 14 of the Federal Advisory
    Committee Act in the Appendix to Title 5, Government Organization
    and Employees.

                         EXECUTIVE ORDER NO. 12891                     
      Ex. Ord. No. 12891, Jan. 15, 1994, 59 F.R. 2935, which
    established the Advisory Committee on Human Radiation Experiments,
    was revoked by Ex. Ord. No. 13062, Sec. 3(a), Sept. 29, 1997, 62
    F.R. 51756, formerly set out as a note under section 14 of the
    Federal Advisory Committee Act in the Appendix to Title 5,
    Government Organization and Employees.

-FOOTNOTE-
    (!1) So in original. Probably should be "Commission,".

    (!2) So in original. Probably should be paragraph "(6)".

               

    (!3) So in original. The period probably should be a comma.

-End-

-CITE-
    42 USC Sec. 2210a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2210a. Conflicts of interest relating to contracts and other
      arrangements

-STATUTE-
    (a) Disclosure requirements
      The Commission shall, by rule, require any person proposing to
    enter into a contract, agreement, or other arrangement, whether by
    competitive bid or negotiation, under this chapter or any other law
    administered by it for the conduct of research, development,
    evaluation activities, or for technical and management support
    services, to provide the Commission, prior to entering into any
    such contract, agreement, or arrangement, with all relevant
    information, as determined by the Commission, bearing on whether
    that person has a possible conflict of interest with respect to - 
        (1) being able to render impartial, technically sound, or
      objective assistance or advice in light of other activities or
      relationships with other persons, or
        (2) being given an unfair competitive advantage. Such person
      shall insure, in accordance with regulations prescribed by the
      Commission, compliance with this section by any subcontractor
      (other than a supply subcontractor) of such person in the case of
      any subcontract for more than $10,000.
    (b) Evaluation
      (1) In general
        Except as provided in paragraph (2), the Nuclear Regulatory
      Commission shall not enter into any such contract agreement or
      arrangement unless it finds, after evaluating all information
      provided under subsection (a) of this section and any other
      information otherwise available to the Commission that - 
          (A) it is unlikely that a conflict of interest would exist,
        or
          (B) such conflict has been avoided after appropriate
        conditions have been included in such contract, agreement, or
        arrangement; except that if the Commission determines that such
        conflict of interest exists and that such conflict of interest
        cannot be avoided by including appropriate conditions therein,
        the Commission may enter into such contract, agreement, or
        arrangement, if the Commission determines that it is in the
        best interests of the United States to do so and includes
        appropriate conditions in such contract, agreement, or
        arrangement to mitigate such conflict.
      (2) Nuclear Regulatory Commission
        Notwithstanding any conflict of interest, the Nuclear
      Regulatory Commission may enter into a contract, agreement, or
      arrangement with the Department of Energy or the operator of a
      Department of Energy facility, if the Nuclear Regulatory
      Commission determines that - 
          (A) the conflict of interest cannot be mitigated; and
          (B) adequate justification exists to proceed without
        mitigation of the conflict of interest.
    (c) Promulgation and publication of rules
      The Commission shall publish rules for the implementation of this
    section, in accordance with section 553 of title 5 (without regard
    to subsection (a)(2) thereof) as soon as practicable after November
    6, 1978, but in no event later than 120 days after such date.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 170A, as added Pub. L. 95-
    601, Sec. 8(a), Nov. 6, 1978, 92 Stat. 2950; renumbered title I,
    Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
    2944; amended Pub. L. 109-58, title VI, Sec. 639, Aug. 8, 2005, 119
    Stat. 794.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b). Pub. L. 109-58 inserted subsec. heading,
    designated existing provisions as par. (1), inserted par. heading,
    in introductory provisions substituted "Except as provided in
    paragraph (2), the Nuclear Regulatory Commission" for "The
    Commission", redesignated former pars. (1) and (2) as subpars. (A)
    and (B) of par. (1), respectively, and added par. (2).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2210b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2210b. Uranium supply

-STATUTE-
    (a) Assessment of domestic uranium industry viability; monitoring
      and reporting requirements; criteria; implementation by rules and
      regulations
      The Secretary of Energy shall monitor and for the years 1983 to
    1992 report annually to the Congress and to the President a
    determination of the viability of the domestic uranium mining and
    milling industry and shall establish by rule, after public notice
    and in accordance with the requirements of section 2231 of this
    title, within 9 months of January 4, 1983, specific criteria which
    shall be assessed in the annual reports on the domestic uranium
    industry's viability. The Secretary of Energy is authorized to
    issue regulations providing for the collection of such information
    as the Secretary of Energy deems necessary to carry out the
    monitoring and reporting requirements of this section.
    (b) Disclosure of information
      Upon a satisfactory showing to the Secretary of Energy by any
    person that any information, or portion thereof obtained under this
    section, would, if made public, divulge proprietary information of
    such person, the Secretary shall not disclose such information and
    disclosure thereof shall be punishable under section 1905 of title
    18.
    (c) Criteria for monitoring and reporting requirements
      The criteria referred to in subsection (a) of this section shall
    also include, but not be limited to - 
        (1) an assessment of whether executed contracts or options for
      source material or special nuclear material will result in
      greater than 37 1/2  percent of actual or projected domestic
      uranium requirements for any two-consecutive-year period being
      supplied by source material or special nuclear material from
      foreign sources;
        (2) projections of uranium requirements and inventories of
      domestic utilities for a 10 year period;
        (3) present and probable future use of the domestic market by
      foreign imports;
        (4) whether domestic economic reserves can supply all future
      needs for a future 10 year period;
        (5) present and projected domestic uranium exploration
      expenditures and plans;
        (6) present and projected employment and capital investment in
      the uranium industry;
        (7) the level of domestic uranium production capacity
      sufficient to meet projected domestic nuclear power needs for a
      10 year period; and
        (8) a projection of domestic uranium production and uranium
      price levels which will be in effect under various assumptions
      with respect to imports.
    (d) Excessive imports; investigation by United States International
      Trade Commission
      The Secretary or (!1) Energy, at any time, may determine on the
    basis of the monitoring and annual reports required under this
    section that source material or special nuclear material from
    foreign sources is being imported in such increased quantities as
    to be a substantial cause of serious injury, or threat thereof, to
    the United States uranium mining and milling industry. Based on
    that determination, the United States Trade Representative shall
    request that the United States International Trade Commission
    initiate an investigation under section 2251 (!2) of title 19.

    (e) Excessive imports for contracts or options as threatening
      national security; investigation by Secretary of Commerce;
      recommendation for further investigation
      (1) If, during the period 1982 to 1992, the Secretary of Energy
    determines that executed contracts or options for source material
    or special nuclear material from foreign sources for use in
    utilization facilities within or under the jurisdiction of the
    United States represent greater than 37 1/2  percent of actual or
    projected domestic uranium requirements for any two-consecutive-
    year period, or if the Secretary of Energy determines the level of
    contracts or options involving source material and special nuclear
    material from foreign sources may threaten to impair the national
    security, the Secretary of Energy shall request the Secretary of
    Commerce to initiate under section 1862 of title 19 an
    investigation to determine the effects on the national security of
    imports of source material and special nuclear material. The
    Secretary of Energy shall cooperate fully with the Secretary of
    Commerce in carrying out such an investigation and shall make
    available to the Secretary of Commerce the findings that lead to
    this request and such other information that will assist the
    Secretary of Commerce in the conduct of the investigation.
      (2) The Secretary of Commerce shall, in the conduct of any
    investigation requested by the Secretary of Energy pursuant to this
    section, take into account any information made available by the
    Secretary of Energy, including information regarding the impact on
    national security of projected or executed contracts or options for
    source material or special nuclear material from foreign sources or
    whether domestic production capacity is sufficient to supply
    projected national security requirements.
      (3) No sooner than 3 years following completion of any
    investigation by the Secretary of Commerce under paragraph (1), if
    no recommendation has been made pursuant to such study for trade
    adjustments to assist or protect domestic uranium production, the
    Secretary of Energy may initiate a request for another such
    investigation by the Secretary of Commerce.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 170B, as added Pub. L. 97-
    415, Sec. 23(b)(1), Jan. 4, 1983, 96 Stat. 2081; renumbered title
    I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106
    Stat. 2944.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2251 of title 19, referred to in subsec. (d), was amended
    generally by Pub. L. 100-418, title I, Sec. 1401(a), Aug. 23, 1988,
    102 Stat. 1225, and as so amended does not relate to
    investigations. See section 2252 of Title 19, Customs Duties.

-MISC1-
     REVIEW OF STATUS OF DOMESTIC URANIUM MINING AND MILLING INDUSTRY;
         AVAILABILITY TO CONGRESSIONAL COMMITTEES; SCOPE OF REVIEW
      Section 23(a) of Pub. L. 97-415 provided that:
      "(a)(1) Not later than 12 months after the date of enactment of
    this section [Jan. 4, 1983], the President shall prepare and submit
    to the Congress a comprehensive review of the status of the
    domestic uranium mining and milling industry. This review shall be
    made available to the appropriate committees of the United States
    Senate and the House of Representatives.
      "(2) The Comprehensive review prepared for submission under
    paragraph (1) shall include - 
        "(A) projections of uranium requirements and inventories of
      domestic utilities;
        "(B) present and future projected uranium production by the
      domestic mining and milling industry;
        "(C) the present and future probable penetration of the
      domestic market by foreign imports;
        "(D) the size of domestic and foreign ore reserves;
        "(E) present and projected domestic uranium exploration
      expenditures and plans;
        "(F) present and projected employment and capital investment in
      the uranium industry;
        "(G) an estimate of the level of domestic uranium production
      necessary to ensure the viable existence of a domestic uranium
      industry and protection of national security interests;
        "(H) an estimate of the percentage of domestic uranium demand
      which must be met by domestic uranium production through the year
      2000 in order to ensure the level of domestic production
      estimated to be necessary under subparagraph (G);
        "(I) a projection of domestic uranium production and uranium
      price levels which will be in effect both under current policy
      and in the event that foreign import restrictions were enacted by
      Congress in order to guarantee domestic production at the level
      estimated to be necessary under subparagraph (G);
        "(J) the anticipated effect of spent nuclear fuel reprocessing
      on the demand for uranium; and
        "(K) other information relevant to the consideration of
      restrictions on the importation of source material and special
      nuclear material from foreign sources."

-FOOTNOTE-
    (!1) So in original. Probably should be "of".

    (!2) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 2210c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2210c. Elimination of pension offset for certain rehired
      Federal retirees

-STATUTE-
    (a) In general
      The Commission may waive the application of section 8344 or 8468
    of title 5 on a case-by-case basis for employment of an annuitant -
    
        (1) in a position of the Commission for which there is
      exceptional difficulty in recruiting or retaining a qualified
      employee; or
        (2) when a temporary emergency hiring need exists.
    (b) Procedures
      The Commission shall prescribe procedures for the exercise of
    authority under this section, including - 
        (1) criteria for any exercise of authority; and
        (2) procedures for a delegation of authority.
    (c) Effect of waiver
      An employee as to whom a waiver under this section is in effect
    shall not be considered an employee for purposes of subchapter II
    of chapter 83, or chapter 84, of title 5.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 170C, as added Pub. L. 109-
    58, title VI, Sec. 624(a), Aug. 8, 2005, 119 Stat. 783.)

-End-

-CITE-
    42 USC Sec. 2210d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2210d. Security evaluations

-STATUTE-
    (a) Security response evaluations
      Not less often than once every 3 years, the Commission shall
    conduct security evaluations at each licensed facility that is part
    of a class of licensed facilities, as the Commission considers to
    be appropriate, to assess the ability of a private security force
    of a licensed facility to defend against any applicable design
    basis threat.
    (b) Force-on-force exercises
      (1) The security evaluations shall include force-on-force
    exercises.
      (2) The force-on-force exercises shall, to the maximum extent
    practicable, simulate security threats in accordance with any
    design basis threat applicable to a facility.
      (3) In conducting a security evaluation, the Commission shall
    mitigate any potential conflict of interest that could influence
    the results of a force-on-force exercise, as the Commission
    determines to be necessary and appropriate.
    (c) Action by licensees
      The Commission shall ensure that an affected licensee corrects
    those material defects in performance that adversely affect the
    ability of a private security force at that facility to defend
    against any applicable design basis threat.
    (d) Facilities under heightened threat levels
      The Commission may suspend a security evaluation under this
    section if the Commission determines that the evaluation would
    compromise security at a nuclear facility under a heightened threat
    level.
    (e) Report
      Not less often than once each year, the Commission shall submit
    to the Committee on Environment and Public Works of the Senate and
    the Committee on Energy and Commerce of the House of
    Representatives a report, in classified form and unclassified form,
    that describes the results of each security response evaluation
    conducted and any relevant corrective action taken by a licensee
    during the previous year.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 170D, as added Pub. L. 109-
    58, title VI, Sec. 651(a)(1), Aug. 8, 2005, 119 Stat. 799.)

-End-

-CITE-
    42 USC Sec. 2210e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2210e. Design basis threat rulemaking

-STATUTE-
    (a) Rulemaking
      The Commission shall - 
        (1) not later than 90 days after the date of enactment of this
      section, initiate a rulemaking proceeding, including notice and
      opportunity for public comment, to be completed not later than 18
      months after that date, to revise the design basis threats of the
      Commission; or
        (2) not later than 18 months after the date of enactment of
      this section, complete any ongoing rulemaking to revise the
      design basis threats.
    (b) Factors
      When conducting its rulemaking, the Commission shall consider the
    following, but not be limited to - 
        (1) the events of September 11, 2001;
        (2) an assessment of physical, cyber, biochemical, and other
      terrorist threats;
        (3) the potential for attack on facilities by multiple
      coordinated teams of a large number of individuals;
        (4) the potential for assistance in an attack from several
      persons employed at the facility;
        (5) the potential for suicide attacks;
        (6) the potential for water-based and air-based threats;
        (7) the potential use of explosive devices of considerable size
      and other modern weaponry;
        (8) the potential for attacks by persons with a sophisticated
      knowledge of facility operations;
        (9) the potential for fires, especially fires of long duration;
        (10) the potential for attacks on spent fuel shipments by
      multiple coordinated teams of a large number of individuals;
        (11) the adequacy of planning to protect the public health and
      safety at and around nuclear facilities, as appropriate, in the
      event of a terrorist attack against a nuclear facility; and
        (12) the potential for theft and diversion of nuclear materials
      from such facilities.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 170E, as added Pub. L. 109-
    58, title VI, Sec. 651(a)(1), Aug. 8, 2005, 119 Stat. 799.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this section, referred to in subsec.
    (a), is the date of enactment of Pub. L. 109-58, which was approved
    August 8, 2005.

-End-

-CITE-
    42 USC Sec. 2210f                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2210f. Recruitment tools

-STATUTE-
      The Commission may purchase promotional items of nominal value
    for use in the recruitment of individuals for employment.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 170F, as added Pub. L. 109-
    58, title VI, Sec. 651(c)(2), Aug. 8, 2005, 119 Stat. 801.)

-End-

-CITE-
    42 USC Sec. 2210g                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2210g. Expenses authorized to be paid by the Commission

-STATUTE-
      The Commission may - 
        (1) pay transportation, lodging, and subsistence expenses of
      employees who - 
          (A) assist scientific, professional, administrative, or
        technical employees of the Commission; and
          (B) are students in good standing at an institution of higher
        education (as defined in section 1002 of title 20) pursuing
        courses related to the field in which the students are employed
        by the Commission; and

        (2) pay the costs of health and medical services furnished,
      pursuant to an agreement between the Commission and the
      Department of State, to employees of the Commission and
      dependents of the employees serving in foreign countries.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 170G, as added Pub. L. 109-
    58, title VI, Sec. 651(c)(3), Aug. 8, 2005, 119 Stat. 801.)

-End-

-CITE-
    42 USC Sec. 2210h                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2210h. Radiation source protection

-STATUTE-
    (a) Definitions
      In this section:
      (1) Code of conduct
        The term "Code of Conduct" means the code entitled the "Code of
      Conduct on the Safety and Security of Radioactive Sources",
      approved by the Board of Governors of the International Atomic
      Energy Agency and dated September 8, 2003.
      (2) Radiation source
        The term "radiation source" means - 
          (A) a Category 1 Source or a Category 2 Source, as defined in
        the Code of Conduct; and
          (B) any other material that poses a threat such that the
        material is subject to this section, as determined by the
        Commission, by regulation, other than spent nuclear fuel and
        special nuclear materials.
    (b) Commission approval
      Not later than 180 days after August 8, 2005, the Commission
    shall issue regulations prohibiting a person from - 
        (1) exporting a radiation source, unless the Commission has
      specifically determined under section 2077 or 2112 of this title,
      consistent with the Code of Conduct, with respect to the
      exportation, that - 
          (A) the recipient of the radiation source may receive and
        possess the radiation source under the laws and regulations of
        the country of the recipient;
          (B) the recipient country has the appropriate technical and
        administrative capability, resources, and regulatory structure
        to ensure that the radiation source will be managed in a safe
        and secure manner; and
          (C) before the date on which the radiation source is shipped -
         
            (i) a notification has been provided to the recipient
          country; and
            (ii) a notification has been received from the recipient
          country;

        as the Commission determines to be appropriate;

        (2) importing a radiation source, unless the Commission has
      determined, with respect to the importation, that - 
          (A) the proposed recipient is authorized by law to receive
        the radiation source; and
          (B) the shipment will be made in accordance with any
        applicable Federal or State law or regulation; and

        (3) selling or otherwise transferring ownership of a radiation
      source, unless the Commission - 
          (A) has determined that the licensee has verified that the
        proposed recipient is authorized under law to receive the
        radiation source; and
          (B) has required that the transfer shall be made in
        accordance with any applicable Federal or State law or
        regulation.
    (c) Tracking system
      (1)(A) Not later than 1 year after August 8, 2005, the Commission
    shall issue regulations establishing a mandatory tracking system
    for radiation sources in the United States.
      (B) In establishing the tracking system under subparagraph (A),
    the Commission shall coordinate with the Secretary of
    Transportation to ensure compatibility, to the maximum extent
    practicable, between the tracking system and any system established
    by the Secretary of Transportation to track the shipment of
    radiation sources.
      (2) The tracking system under paragraph (1) shall - 
        (A) enable the identification of each radiation source by
      serial number or other unique identifier;
        (B) require reporting within 7 days of any change of possession
      of a radiation source;
        (C) require reporting within 24 hours of any loss of control
      of, or accountability for, a radiation source; and
        (D) provide for reporting under subparagraphs (B) and (C)
      through a secure Internet connection.
    (d) Penalty
      A violation of a regulation issued under subsection (a) or (b) of
    this section shall be punishable by a civil penalty not to exceed
    $1,000,000.
    (e) National Academy of Sciences study
      (1) Not later than 60 days after August 8, 2005, the Commission
    shall enter into an arrangement with the National Academy of
    Sciences under which the National Academy of Sciences shall conduct
    a study of industrial, research, and commercial uses for radiation
    sources.
      (2) The study under paragraph (1) shall include a review of uses
    of radiation sources in existence on the date on which the study is
    conducted, including an identification of any industrial or other
    process that - 
        (A) uses a radiation source that could be replaced with an
      economically and technically equivalent (or improved) process
      that does not require the use of a radiation source; or
        (B) may be used with a radiation source that would pose a lower
      risk to public health and safety in the event of an accident or
      attack involving the radiation source.

      (3) Not later than 2 years after August 8, 2005, the Commission
    shall submit to Congress the results of the study under paragraph
    (1).
    (f) Task force on radiation source protection and security
      (1) There is established a task force on radiation source
    protection and security (referred to in this section as the "task
    force").
      (2)(A) The chairperson of the task force shall be the Chairperson
    of the Commission (or a designee).
      (B) The membership of the task force shall consist of the
    following:
        (i) The Secretary of Homeland Security (or a designee).
        (ii) The Secretary of Defense (or a designee).
        (iii) The Secretary of Energy (or a designee).
        (iv) The Secretary of Transportation (or a designee).
        (v) The Attorney General (or a designee).
        (vi) The Secretary of State (or a designee).
        (vii) The Director of National Intelligence (or a designee).
        (viii) The Director of the Central Intelligence Agency (or a
      designee).
        (ix) The Director of the Federal Emergency Management Agency
      (or a designee).
        (x) The Director of the Federal Bureau of Investigation (or a
      designee).
        (xi) The Administrator of the Environmental Protection Agency
      (or a designee).

      (3)(A) The task force, in consultation with Federal, State, and
    local agencies, the Conference of Radiation Control Program
    Directors, and the Organization of Agreement States, and after
    public notice and an opportunity for comment, shall evaluate, and
    provide recommendations relating to, the security of radiation
    sources in the United States from potential terrorist threats,
    including acts of sabotage, theft, or use of a radiation source in
    a radiological dispersal device.
      (B) Not later than 1 year after August 8, 2005, and not less than
    once every 4 years thereafter, the task force shall submit to
    Congress and the President a report, in unclassified form with a
    classified annex if necessary, providing recommendations, including
    recommendations for appropriate regulatory and legislative changes,
    for - 
        (i) a list of additional radiation sources that should be
      required to be secured under this chapter, based on the potential
      attractiveness of the sources to terrorists and the extent of the
      threat to public health and safety of the sources, taking into
      consideration - 
          (I) radiation source radioactivity levels;
          (II) radioactive half-life of a radiation source;
          (III) dispersability;
          (IV) chemical and material form;
          (V) for radioactive materials with a medical use, the
        availability of the sources to physicians and patients for
        medical treatment; and
          (VI) any other factor that the Chairperson of the Commission
        determines to be appropriate;

        (ii) the establishment of, or modifications to, a national
      system for recovery of lost or stolen radiation sources;
        (iii) the storage of radiation sources that are not used in a
      safe and secure manner as of the date on which the report is
      submitted;
        (iv) modifications to the national tracking system for
      radiation sources;
        (v) the establishment of, or modifications to, a national
      system (including user fees and other methods) to provide for the
      proper disposal of radiation sources secured under this chapter;
        (vi) modifications to export controls on radiation sources to
      ensure that foreign recipients of radiation sources are able and
      willing to adequately control radiation sources from the United
      States;
        (vii)(I) any alternative technologies available as of the date
      on which the report is submitted that may perform some or all of
      the functions performed by devices or processes that employ
      radiation sources; and
        (II) the establishment of appropriate regulations and
      incentives for the replacement of the devices and processes
      described in subclause (I) - 
          (aa) with alternative technologies in order to reduce the
        number of radiation sources in the United States; or
          (bb) with radiation sources that would pose a lower risk to
        public health and safety in the event of an accident or attack
        involving the radiation source; and

        (viii) the creation of, or modifications to, procedures for
      improving the security of use, transportation, and storage of
      radiation sources, including - 
          (I) periodic audits or inspections by the Commission to
        ensure that radiation sources are properly secured and can be
        fully accounted for;
          (II) evaluation of the security measures by the Commission;
          (III) increased fines for violations of Commission
        regulations relating to security and safety measures applicable
        to licensees that possess radiation sources;
          (IV) criminal and security background checks for certain
        individuals with access to radiation sources (including
        individuals involved with transporting radiation sources);
          (V) requirements for effective and timely exchanges of
        information relating to the results of criminal and security
        background checks between the Commission and any State with
        which the Commission has entered into an agreement under
        section 2021(b) of this title;
          (VI) assurances of the physical security of facilities that
        contain radiation sources (including facilities used to
        temporarily store radiation sources being transported); and
          (VII) the screening of shipments to facilities that the
        Commission determines to be particularly at risk for sabotage
        of radiation sources to ensure that the shipments do not
        contain explosives.
    (g) Action by Commission
      Not later than 60 days after the date of receipt by Congress and
    the President of a report under subsection (f)(3)(B) of this
    section, the Commission, in accordance with the recommendations of
    the task force, shall - 
        (1) take any action the Commission determines to be
      appropriate, including revising the system of the Commission for
      licensing radiation sources; and
        (2) ensure that States that have entered into agreements with
      the Commission under section 2021(b) of this title take similar
      action in a timely manner.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 170H, as added Pub. L. 109-
    58, title VI, Sec. 651(d)(1), Aug. 8, 2005, 119 Stat. 802.)

-End-

-CITE-
    42 USC Sec. 2210i                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2210i. Secure transfer of nuclear materials

-STATUTE-
      (a) The Commission shall establish a system to ensure that
    materials described in subsection (b) of this section, when
    transferred or received in the United States by any party pursuant
    to an import or export license issued pursuant to this chapter, are
    accompanied by a manifest describing the type and amount of
    materials being transferred or received. Each individual receiving
    or accompanying the transfer of such materials shall be subject to
    a security background check conducted by appropriate Federal
    entities.
      (b) Except as otherwise provided by the Commission by regulation,
    the materials referred to in subsection (a) of this section are
    byproduct materials, source materials, special nuclear materials,
    high-level radioactive waste, spent nuclear fuel, transuranic
    waste, and low-level radioactive waste (as defined in section
    10101(16) of this title).

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 170I, as added Pub. L. 109-
    58, title VI, Sec. 656(a), Aug. 8, 2005, 119 Stat. 813.)

-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 109-58, title VI, Sec. 656(c), Aug. 8, 2005, 119 Stat.
    814, provided that: "The amendment made by subsection (a) [enacting
    this section] shall take effect upon the issuance of regulations
    under subsection (b) [set out below], except that the background
    check requirement shall become effective on a date established by
    the Commission."

                                REGULATIONS                            
      Pub. L. 109-58, title VI, Sec. 656(b), Aug. 8, 2005, 119 Stat.
    814, provided that: "Not later than 1 year after the date of the
    enactment of this Act [Aug. 8, 2005], and from time to time
    thereafter as it considers necessary, the Nuclear Regulatory
    Commission shall issue regulations identifying radioactive
    materials or classes of individuals that, consistent with the
    protection of public health and safety and the common defense and
    security, are appropriate exceptions to the requirements of section
    170D [probably means 170I] of the Atomic Energy Act of 1954 [42
    U.S.C. 2210i], as added by subsection (a) of this section."

                            EFFECT ON OTHER LAW                        
      Pub. L. 109-58, title VI, Sec. 656(d), Aug. 8, 2005, 119 Stat.
    814, provided that: "Nothing in this section [enacting this section
    and provisions set out as notes under this section] or the
    amendment made by this section shall waive, modify, or affect the
    application of chapter 51 of title 49, United States Code, part A
    of subtitle V of title 49, United States Code, part B of subtitle
    VI of title 49, United States Code, and title 23, United States
    Code."

-End-

-CITE-
    42 USC Sec. 2211                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2211. Payment of claims or judgments for damage resulting from
      nuclear incident involving nuclear reactor of United States
      warship; exception; terms and conditions

-STATUTE-
      It is the policy of the United States that it will pay claims or
    judgments for bodily injury, death, or damage to or loss of real or
    personal property proven to have resulted from a nuclear incident
    involving the nuclear reactor of a United States warship: Provided,
    That the injury, death, damage, or loss was not caused by the act
    of an armed force engaged in combat or as a result of civil
    insurrection. The President may authorize, under such terms and
    conditions as he may direct, the payment of such claims or
    judgments from any contingency funds available to the Government or
    may certify such claims or judgments to the Congress for
    appropriation of the necessary funds.

-SOURCE-
    (Pub. L. 93-513, Dec. 6, 1974, 88 Stat. 1611.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Atomic Energy Act of 1954
    which comprises this chapter.

-EXEC-
      EX. ORD. NO. 11918. COMPENSATION FOR DAMAGES INVOLVING NUCLEAR
                    REACTORS OF UNITED STATES WARSHIPS
      Ex. Ord. No. 11918, eff. June 1, 1976, 41 F.R. 22329, provided:
      By virtue of the authority vested in me by the joint resolution
    approved December 6, 1974 (Public Law 93-513, 88 Stat. 1610, 42
    U.S.C. 2211), and by section 301 of title 3 of the United States
    Code, and as President of the United States of America, in order
    that prompt, adequate and effective compensation will be provided
    in the unlikely event of injury or damage resulting from a nuclear
    incident involving the nuclear reactor of a United States warship,
    it is hereby ordered as follows:
      Section 1. (a) With respect to the administrative settlement of
    claims or judgments for bodily injury, death, or damage to or loss
    of real or personal property proven to have resulted from a nuclear
    incident involving the nuclear reactor of a United States warship,
    the Secretary of Defense is designated and empowered to authorize,
    in accord with Public Law 93-513 [this section], the payment, under
    such terms and conditions as he may direct, of such claims and
    judgments from contingency funds available to the Department of
    Defense.
      (b) The Secretary of Defense shall, when he considers such action
    appropriate, certify claims or judgments described in subsection
    (a) and transmit to the Director of the Office of Management and
    Budget his recommendation with respect to appropriation by the
    Congress of such additional sums as may be necessary.
      Sec. 2. The provisions of section 1 shall not be deemed to
    replace, alter, or diminish, the statutory and other functions
    vested in the Attorney General, or the head of any other agency,
    with respect to litigation against the United States and judgments
    and compromise settlements arising therefrom.
      Sec. 3. The functions herein delegated shall be exercised in
    consultation with the Secretary of State in the case of any
    incident giving rise to a claim of a foreign country or national
    thereof, and international negotiations relating to Public Law 93-
    513 [this section], shall be performed by or under the authority
    of the Secretary of State.
                                                         Gerald R. Ford.

-End-

-CITE-
    42 USC Sec. 2212                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2212. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 101-510, div. C, title XXXI, Sec. 3141, Nov. 5,
    1990, 104 Stat. 1837, which related to contractor liability for
    injury or loss of property arising out of atomic weapons testing
    programs, was renumbered section 4803 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(4)(A)-(C), Nov.
    24, 2003, 117 Stat. 1783, and transferred to section 2783 of Title
    50, War and National Defense.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2212, Pub. L. 98-525, title XVI, Sec. 1631, Oct.
    19, 1984, 98 Stat. 2646, related to contractor liability for injury
    or loss of property arising out of atomic weapons testing programs,
    prior to repeal by Pub. L. 101-426, Sec. 13, as added Pub. L. 101-
    510, div. C, title XXXI, Sec. 3140, Nov. 5, 1990, 104 Stat. 1837.

-End-

-CITE-
    42 USC Sec. 2213                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2213. Repealed. Pub. L. 109-58, title VI, Sec. 637(b), Aug. 8,
      2005, 119 Stat. 791

-MISC1-
      Section, Pub. L. 99-272, title VII, Sec. 7601, Apr. 7, 1986, 100
    Stat. 146; Pub. L. 100-203, title V, Sec. 5601, Dec. 22, 1987, 101
    Stat. 1330-275; Pub. L. 101-239, title III, Sec. 3201, Dec. 19,
    1989, 103 Stat. 2132; Pub. L. 101-508, title VI, Sec. 6101(e), Nov.
    5, 1990, 104 Stat. 1388-299, related to assessment and collection
    of annual charges from Nuclear Regulatory Commission licensees.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 2006, see section 637(c) of Pub. L. 109-
    58, set out as an Effective Date of 2005 Amendment note under
    section 2214 of this title.

-End-

-CITE-
    42 USC Sec. 2214                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIII - GENERAL AUTHORITY OF COMMISSION

-HEAD-
    Sec. 2214. NRC user fees and annual charges

-STATUTE-
    (a) Annual assessment
      (1) In general
        The Nuclear Regulatory Commission (in this section referred to
      as the "Commission") shall annually assess and collect such fees
      and charges as are described in subsections (b) and (c) of this
      section.
      (2) First assessment
        The first assessment of fees under subsection (b) of this
      section and annual charges under subsection (c) of this section
      shall be made not later than September 30, 1991.
    (b) Fees for service or thing of value
      Pursuant to section 9701 of title 31, any person who receives a
    service or thing of value from the Commission shall pay fees to
    cover the Commission's costs in providing any such service or thing
    of value.
    (c) Annual charges
      (1) Persons subject to charge
        Except as provided in paragraph (4), any licensee or
      certificate holder of the Commission may be required to pay, in
      addition to the fees set forth in subsection (b) of this section,
      an annual charge.
      (2) Aggregate amount of charges
        (A) In general
          The aggregate amount of the annual charges collected from all
        licensees and certificate holders in a fiscal year shall equal
        an amount that approximates the percentages of the budget
        authority of the Commission for the fiscal year stated in
        subparagraph (B), less - 
            (i) amounts collected under subsection (b) of this section
          during the fiscal year;
            (ii) amounts appropriated to the Commission from the
          Nuclear Waste Fund for the fiscal year;
            (iii) amounts appropriated to the Commission for the fiscal
          year for implementation of section 3116 of the Ronald W.
          Reagan National Defense Authorization Act for Fiscal Year
          2005; and
            (iv) amounts appropriated to the Commission for homeland
          security activities of the Commission for the fiscal year,
          except for the costs of fingerprinting and background checks
          required by section 2169 of this title and the costs of
          conducting security inspections.
        (B) Percentages
          The percentages referred to in subparagraph (A) are - 
            (i) 98 percent for fiscal year 2001;
            (ii) 96 percent for fiscal year 2002;
            (iii) 94 percent for fiscal year 2003;
            (iv) 92 percent for fiscal year 2004; and
            (v) 90 percent for fiscal year 2005 and each fiscal year
          thereafter.
      (3) Amount per licensee
        The Commission shall establish, by rule, a schedule of charges
      fairly and equitably allocating the aggregate amount of charges
      described in paragraph (2) among licensees. To the maximum extent
      practicable, the charges shall have a reasonable relationship to
      the cost of providing regulatory services and may be based on the
      allocation of the Commission's resources among licensees or
      classes of licensees.
      (4) Exemption
        (A) In general
          Paragraph (1) shall not apply to the holder of any license
        for a federally owned research reactor used primarily for
        educational training and academic research purposes.
        (B) Research reactor
          For purposes of subparagraph (A), the term "research reactor"
        means a nuclear reactor that - 
            (i) is licensed by the Nuclear Regulatory Commission under
          section 2134(c) of this title for operation at a thermal
          power level of 10 megawatts or less; and
            (ii) if so licensed for operation at a thermal power level
          of more than 1 megawatt, does not contain - 
              (I) a circulating loop through the core in which the
            licensee conducts fuel experiments;
              (II) a liquid fuel loading; or
              (III) an experimental facility in the core in excess of
            16 square inches in cross-section.
    (d) "Nuclear Waste Fund" defined
      As used in this section, the term "Nuclear Waste Fund" means the
    fund established pursuant to section 10222(c) of this title.

-SOURCE-
    (Pub. L. 101-508, title VI, Sec. 6101, Nov. 5, 1990, 104 Stat. 1388-
    298; Pub. L. 102-486, title XXIX, Sec. 2903(a), Oct. 24, 1992, 106
    Stat. 3125; Pub. L. 103-66, title VII, Sec. 7001, Aug. 10, 1993,
    107 Stat. 401; Pub. L. 105-245, title V, Sec. 505, Oct. 7, 1998,
    112 Stat. 1856; Pub. L. 106-60, title VI, Sec. 604, Sept. 29, 1999,
    113 Stat. 501; Pub. L. 106-377, Sec. 1(a)(2) [title VIII], Oct. 27,
    2000, 114 Stat. 1441, 1441A-86; Pub. L. 109-58, title VI, Sec.
    637(a), Aug. 8, 2005, 119 Stat. 791; Pub. L. 109-103, title IV,
    Nov. 19, 2005, 119 Stat. 2283.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3116 of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005, referred to in subsec.
    (c)(2)(A)(iii), is section 3116 of Pub. L. 108-375, which is set
    out as a note under section 2601 of Title 50, War and National
    Defense.

-COD-
                               CODIFICATION                           
      Section is comprised of section 6101 of Pub. L. 101-508. Subsec.
    (e) of section 6101 of Pub. L. 101-508 amended former section 2213
    of this title.
      Section was enacted as part of the Omnibus Budget Reconciliation
    Act of 1990, and not as part of the Atomic Energy Act of 1954 which
    comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(1). Pub. L. 109-58, Sec. 637(a)(1)(A),
    substituted "The" for "Except as provided in paragraph (3), the".
      Subsec. (a)(3). Pub. L. 109-58, Sec. 637(a)(1)(B), struck out
    heading and text of par. (3). Text read as follows: "The last
    assessment of annual charges under subsection (c) of this section
    shall be made not later than September 20, 2005."
      Subsec. (c)(2)(A)(iii), (iv). Pub. L. 109-58, Sec. 637(a)(2)(A)-
    (C), added cls. (iii) and (iv).
      Subsec. (c)(2)(B)(v). Pub. L. 109-58, Sec. 637(a)(2)(D), amended
    cl. (v) generally. Prior to amendment, cl. (v) read as follows: "90
    percent for fiscal year 2005 and fiscal year 2006."
      Pub. L. 109-103 inserted "and fiscal year 2006" before period at
    end.
      2000 - Subsec. (a)(3). Pub. L. 106-377, Sec. 1(a)(2) [title
    VIII], which directed substitution of "September 20, 2005" for
    "September 30, 1999", was executed by making the substitution for
    "September 30, 2000" to reflect the probable intent of Congress and
    the amendment by Pub. L. 106-60, Sec. 604. See 1999 Amendment note
    below.
      Subsec. (c)(1). Pub. L. 106-377, Sec. 1(a)(2) [title VIII],
    inserted "or certificate holder" after "licensee".
      Subsec. (c)(2). Pub. L. 106-377, Sec. 1(a)(2) [title VIII], added
    par. (2) and struck out heading and text of former par. (2). Text
    read as follows: "The aggregate amount of the annual charge
    collected from all licensees shall equal an amount that
    approximates 100 percent of the budget authority of the Commission
    in the fiscal year in which such charge is collected, less any
    amount appropriated to the Commission from the Nuclear Waste Fund
    and the amount of fees collected under subsection (b) of this
    section in such fiscal year."
      1999 - Subsec. (a)(3). Pub. L. 106-60 substituted "September 30,
    2000" for "September 30, 1999".
      1998 - Subsec. (a)(3). Pub. L. 105-245 substituted "September 30,
    1999" for "September 30, 1998".
      1993 - Subsec. (a)(3). Pub. L. 103-66 substituted "September 30,
    1998" for "September 30, 1995".
      1992 - Subsec. (c)(1). Pub. L. 102-486, Sec. 2903(a)(1),
    substituted "Except as provided in paragraph (4), any licensee" for
    "Any licensee".
      Subsec. (c)(4). Pub. L. 102-486, Sec. 2903(a)(2), added par. (4).

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-58, title VI, Sec. 637(c), Aug. 8, 2005, 119 Stat.
    791, provided that: "The amendments made by this section [amending
    this section and repealing section 2213 of this title] take effect
    on October 1, 2006."

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 2903(b) of Pub. L. 102-486 provided that: "The amendments
    made [by] subsection (a) [amending this section] shall apply to
    annual charges assessed under section 6101(c) of the Omnibus Budget
    Reconciliation Act of 1990 [42 U.S.C. 2214(c)] for fiscal year 1992
    or any succeeding fiscal year."

                               POLICY REVIEW                           
      Section 2903(c) of Pub. L. 102-486 provided that: "The Nuclear
    Regulatory Commission shall review its policy for assessment of
    annual charges under section 6101(c) of the Omnibus Budget
    Reconciliation Act of 1990 [42 U.S.C. 2214(c)], solicit public
    comment on the need for changes to such policy, and recommend to
    the Congress such changes in existing law as the Commission finds
    are needed to prevent the placement of an unfair burden on certain
    licensees of the Commission, in particular those that hold licenses
    to operate federally owned research reactors used primarily for
    educational training and academic research purposes."

-End-

-CITE-
    42 USC SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY
           ACQUIRED                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY ACQUIRED

-HEAD-
        SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY ACQUIRED    

-End-

-CITE-
    42 USC Sec. 2221                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY ACQUIRED

-HEAD-
    Sec. 2221. Just compensation for requisitioned property

-STATUTE-
      The United States shall make just compensation for any property
    or interests therein taken or requisitioned pursuant to sections
    2063, 2075, 2096, and 2138 of this title. Except in case of real
    property or any interest therein, the Commission shall determine
    and pay such just compensation. If the compensation so determined
    is unsatisfactory to the person entitled thereto, such person shall
    be paid 75 per centum of the amount so determined, and shall be
    entitled to sue the United States in the United States Court of
    Federal Claims or in any district court of the United States for
    the district in which such claimant is a resident in the manner
    provided by section 1346 of title 28 to recover such further sum as
    added to said 75 per centum will constitute just compensation.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 171, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 952; amended Pub. L. 88-489, Sec. 17,
    Aug. 26, 1964, 78 Stat. 606; Pub. L. 97-164, title I, Sec.
    160(a)(16), Apr. 2, 1982, 96 Stat. 48; renumbered title I, Pub. L.
    102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;
    Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.
    4516.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1813(a) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      1992 - Pub. L. 102-572 substituted "United States Court of
    Federal Claims" for "United States Claims Court".
      1982 - Pub. L. 97-164 substituted "United States Claims Court"
    for "Court of Claims".
      1964 - Pub. L. 88-489 substituted "2075" for "2072 (with respect
    to the material for which the United States is required to pay just
    compensation),".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
    402 of Pub. L. 97-164, set out as a note under section 171 of Title
    28, Judiciary and Judicial Procedure.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-MISC2-
                    RETROCESSION OF LAND TO NEW MEXICO                
      Section 3 of act Aug. 30, 1954, provided that:
      "There is hereby retroceded to the State of New Mexico the
    exclusive jurisdiction heretofore acquired from the State of New
    Mexico by the United States of America over the following land of
    the United States Atomic Energy Commission in Bernalillo County and
    within the boundaries of the Sandia base, Albuquerque, New Mexico.
      "Beginning at the center quarter corner of section 30, township
    10 north, range 4 east, New Mexico principal meridian, Bernalillo
    County, New Mexico, thence south no degrees twenty-three minutes
    thirty seconds west one thousand nine hundred forty-seven and
    twenty one-hundredths feet, thence north eighty-nine degrees thirty-
    six minutes forty-five seconds east two thousand sixty-eight and
    forty one-hundredths feet, thence north eighty-nine degrees three
    minutes fifteen seconds east five hundred forty-six feet, thence
    north no degrees thirty-nine minutes no seconds east two hundred
    thirty-two and seventy one-hundredths feet, thence north eighty-
    nine degrees twenty-one minutes no seconds west eight hundred
    fifty-two and twenty one-hundredths feet, thence north no degrees
    thirty-nine minutes no seconds east five hundred and sixty one-
    hundredths feet, thence along the back of the south curb of West
    Sandia Drive, Sandia Base, Bernalillo County, New Mexico, eight
    hundred sixty-five and sixty one-hundredths feet, thence north no
    degrees thirty-nine minutes no seconds east one thousand three
    hundred thirty-five and three-tenths feet to a point south eighty-
    nine degrees twenty-seven minutes forty-five seconds west a
    distance of thirty feet from the quarter corner common to sections
    30 and 29, township 10 north, range 4 east, thence south eighty-
    nine degrees, twenty-seven minutes forty-five seconds west two
    thousand six hundred twenty-three and forty one-hundredths feet to
    the point of beginning.
      "This retrocession of jurisdiction shall take effect upon
    acceptance by the State of New Mexico."

-End-

-CITE-
    42 USC Sec. 2222                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY ACQUIRED

-HEAD-
    Sec. 2222. Condemnation of real property

-STATUTE-
      Proceedings for condemnation shall be instituted pursuant to the
    provisions of section 3113 of title 40, and section 1403 of title
    28. Sections 3114 to 3116 and 3118 of title 40 shall be applicable
    to any such proceedings.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 172, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 953; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-COD-
                               CODIFICATION                           
      In text, "section 3113 of title 40" substituted for "the Act
    approved August 1, 1888, as amended," and "Sections 3114 to 3116
    and 3118 of title 40" substituted for "The Act approved February
    26, 1931, as amended,", on authority of Pub. L. 107-217, Sec. 5(c),
    Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted
    Title 40, Public Buildings, Property, and Works.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1813(b) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2223                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY ACQUIRED

-HEAD-
    Sec. 2223. Patent application disclosures

-STATUTE-
      In the event that the Commission communicates to any nation any
    Restricted Data based on any patent application not belonging to
    the United States, just compensation shall be paid by the United
    States to the owner of the patent application. The Commission shall
    determine such compensation. If the compensation so determined is
    unsatisfactory to the person entitled thereto, such person shall be
    paid 75 per centum of the amount so determined, and shall be
    entitled to sue the United States in the United States Court of
    Federal Claims or in any district court of the United States for
    the district in which such claimant is a resident in a manner
    provided by section 1346 of title 28 to recover such further sum as
    added to such 75 per centum will constitute just compensation.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 173, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 953; amended Pub. L. 97-164, title I,
    Sec. 160(a)(16), Apr. 2, 1982, 96 Stat. 48; renumbered title I,
    Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
    2944; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106
    Stat. 4516.)

-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-572 substituted "United States Court of
    Federal Claims" for "United States Claims Court".
      1982 - Pub. L. 97-164 substituted "United States Claims Court"
    for "Court of Claims".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
    402 of Pub. L. 97-164, set out as a note under section 171 of Title
    28, Judiciary and Judicial Procedure.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2224                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIV - COMPENSATION FOR PRIVATE PROPERTY ACQUIRED

-HEAD-
    Sec. 2224. Attorney General approval of title

-STATUTE-
      All real property acquired under this chapter shall be subject to
    the provisions of sections 3111 and 3112 of title 40: Provided,
    however, That real property acquired by purchase or donation, or
    other means of transfer may also be occupied, used, and improved
    for the purposes of this chapter prior to approval of title by the
    Attorney General in those cases where the President determines that
    such action is required in the interest of the common defense and
    security.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 174, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 953; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-COD-
                               CODIFICATION                           
      In text, "sections 3111 and 3112 of title 40" substituted for
    "section 355 of the Revised Statutes, as amended" on authority of
    Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the
    first section of which enacted Title 40, Public Buildings,
    Property, and Works.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1813(b) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE
           PROCEDURE                                       01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

-HEAD-
       SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE   

-End-

-CITE-
    42 USC Sec. 2231                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

-HEAD-
    Sec. 2231. Applicability of administrative procedure provisions;
      definitions

-STATUTE-
      The provisions of subchapter II of chapter 5, and chapter 7, of
    title 5 shall apply to all agency action taken under this chapter,
    and the terms "agency" and "agency action" shall have the meaning
    specified in section 551 of title 5: Provided, however, That in the
    case of agency proceedings or actions which involve Restricted
    Data, defense information, safeguards information protected from
    disclosure under the authority of section 2167 of this title or
    information protected from dissemination under the authority of
    section 2168 of this title, the Commission shall provide by
    regulation for such parallel procedures as will effectively
    safeguard and prevent disclosure of Restricted Data, defense
    information, such safeguards information, or information protected
    from dissemination under the authority of section 2168 of this
    title to unauthorized persons with minimum impairment of the
    procedural rights which would be available if Restricted Data,
    defense information, such safeguards information, or information
    protected from dissemination under the authority of section 2168 of
    this title were not involved.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 181, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 953; amended Pub. L. 96-295, title II,
    Sec. 207(b), June 30, 1980, 94 Stat. 789; Pub. L. 97-90, title II,
    Sec. 210(b), Dec. 4, 1981, 95 Stat. 1170; renumbered title I, Pub.
    L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
    2944.)

-COD-
                               CODIFICATION                           
      "Subchapter II of chapter 5, and chapter 7, of title 5"
    substituted in text for the first reference to the Administrative
    Procedure Act on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6,
    1966, 80 Stat. 631, the first section of which enacted Title 5,
    Government Organization and Employees. "Section 551 of title 5"
    substituted for the second reference to the Administrative
    Procedure Act to reflect the codification of the definitions of
    "agency" and "agency action" in that section. Prior to the
    enactment of Title 5, the Administrative Procedure Act was
    classified to sections 1001 to 1011 of Title 5.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1814(a), (c) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      1981 - Pub. L. 97-90, in proviso, substituted "involve Restricted
    Data, defense information, safeguards information protected from
    disclosure under the authority of section 2167 of this title or
    information protected from dissemination under the authority of
    section 2168 of this title, the Commission shall provide by
    regulation for such parallel procedures as will effectively
    safeguard and prevent disclosure of Restricted Data, defense
    information, such safeguards information, or information protected
    from dissemination under the authority of section 2168 of this
    title to unauthorized persons with minimum impairment of the
    procedural rights which would be available if Restricted Data,
    defense information, such safeguards information, or information
    protected from dissemination under the authority of section 2168 of
    this title were not involved" for "involve Restricted Data, defense
    information, or safeguards information protected from disclosure
    under the authority of section 2167 of this title, the Commission
    shall provide by regulation for such parallel procedures as will
    effectively safeguard and prevent disclosure of Restricted Data,
    defense information, or such safeguards information, to
    unauthorized persons with minimum impairment of the procedural
    rights which would be available if Restricted Data, defense
    information, or such safeguards information, were not involved".
      1980 - Pub. L. 96-295 inserted references and made provisions
    applicable to safeguards information.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2232                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

-HEAD-
    Sec. 2232. License applications

-STATUTE-
    (a) Contents and form
      Each application for a license hereunder shall be in writing and
    shall specifically state such information as the Commission, by
    rule or regulation, may determine to be necessary to decide such of
    the technical and financial qualifications of the applicant, the
    character of the applicant, the citizenship of the applicant, or
    any other qualifications of the applicant as the Commission may
    deem appropriate for the license. In connection with applications
    for licenses to operate production or utilization facilities, the
    applicant shall state such technical specifications, including
    information of the amount, kind, and source of special nuclear
    material required, the place of the use, the specific
    characteristics of the facility, and such other information as the
    Commission may, by rule or regulation, deem necessary in order to
    enable it to find that the utilization or production of special
    nuclear material will be in accord with the common defense and
    security and will provide adequate protection to the health and
    safety of the public. Such technical specifications shall be a part
    of any license issued. The Commission may at any time after the
    filing of the original application, and before the expiration of
    the license, require further written statements in order to enable
    the Commission to determine whether the application should be
    granted or denied or whether a license should be modified or
    revoked. All applications and statements shall be signed by the
    applicant or licensee. Applications for, and statements made in
    connection with, licenses under sections 2133 and 2134 of this
    title shall be made under oath or affirmation. The Commission may
    require any other applications or statements to be made under oath
    or affirmation.
    (b) Review of applications by Advisory Committee on Reactor
      Safeguards; report
      The Advisory Committee on Reactor Safeguards shall review each
    application under section 2133 or section 2134(b) of this title for
    a construction permit or an operating license for a facility, any
    application under section 2134(c) of this title for a construction
    permit or an operating license for a testing facility, any
    application under subsection (a) or (c) of section 2134 of this
    title specifically referred to it by the Commission, and any
    application for an amendment to a construction permit or an
    amendment to an operating license under section 2133 or 2134(a),
    (b), or (c) of this title specifically referred to it by the
    Commission, and shall submit a report thereon which shall be made
    part of the record of the application and available to the public
    except to the extent that security classification prevents
    disclosure.
    (c) Commercial power; publication
      The Commission shall not issue any license under section 2133 of
    this title for a utilization or production facility for the
    generation of commercial power until it has given notice in writing
    to such regulatory agency as may have jurisdiction over the rates
    and services incident to the proposed activity; until it has
    published notice of the application in such trade or news
    publications as the Commission deems appropriate to give reasonable
    notice to municipalities, private utilities, public bodies, and
    cooperatives which might have a potential interest in such
    utilization or production facility; and until it has published
    notice of such application once each week for four consecutive
    weeks in the Federal Register, and until four weeks after the last
    notice.
    (d) Preferred consideration
      The Commission, in issuing any license for a utilization or
    production facility for the generation of commercial power under
    section 2133 of this title, shall give preferred consideration to
    applications for such facilities which will be located in high cost
    power areas in the United States if there are conflicting
    applications for a limited opportunity for such license. Where such
    conflicting applications resulting from limited opportunity for
    such license include those submitted by public or cooperative
    bodies such applications shall be given preferred consideration.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 182, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 953; amended Aug. 6, 1956, ch. 1015,
    Sec. 5, 70 Stat. 1069; Pub. L. 85-256, Sec. 6, Sept. 2, 1957, 71
    Stat. 579; Pub. L. 87-615, Sec. 3, Aug. 29, 1962, 76 Stat. 409;
    Pub. L. 91-560, Sec. 9, Dec. 19, 1970, 84 Stat. 1474; renumbered
    title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
    106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1970 - Subsec. (c). Pub. L. 91-560 substituted provisions
    requiring notification by publication giving reasonable notice to
    municipalities, private utilities, public bodies, and cooperatives
    which might have a potential interest in such utilization or
    production facility, for provisions requiring notice in writing to
    municipalities, private utilities, public bodies and cooperatives
    within transmission distance authorized to engage in the
    distribution of electric energy.
      1962 - Subsec. (b). Pub. L. 87-615 substituted provisions
    requiring review of applications under section 2133 or 2134(b) of
    this title for a construction permit or an operating license for a
    facility, or under section 2134(c) of this title for a testing
    facility, for provisions which required review of license
    applications for such facilities, and inserted provisions requiring
    review of any application for an amendment to a construction permit
    or operating license under section 2133 or 2134(a), (b), or (c) of
    this title specifically referred to it by the Commission.
      1957 - Subsecs. (b) to (d). Pub. L. 85-256 added subsec. (b) and
    redesignated former subsecs. (b) and (c) as (c) and (d),
    respectively.
      1956 - Subsec. (a). Act Aug. 6, 1956, struck out "under oath or
    affirmation" from last sentence, and inserted two sentences at end
    requiring applications and statements in connection with sections
    2133 and 2134 to be made under oath or affirmation and authorizing
    Commission to require any other applications or statements to be
    made under oath or affirmation.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-MISC2-
                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. See section 14
    of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the
    Appendix to Title 5, Government Organization and Employees.

-End-

-CITE-
    42 USC Sec. 2233                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

-HEAD-
    Sec. 2233. Terms of licenses

-STATUTE-
      Each license shall be in such form and contain such terms and
    conditions as the Commission may, by rule or regulation, prescribe
    to effectuate the provisions of this chapter, including the
    following provisions:
      (a) Repealed. Pub. L. 88-489, Sec. 18, Aug. 26, 1964, 78 Stat.
    607.
      (b) No right to the special nuclear material shall be conferred
    by the license except as defined by the license.
      (c) Neither the license nor any right under the license shall be
    assigned or otherwise transferred in violation of the provisions of
    this chapter.
      (d) Every license issued under this chapter shall be subject to
    the right of recapture or control reserved by section 2138 of this
    title, and to all of the other provisions of this chapter, now or
    hereafter in effect and to all valid rules and regulations of the
    Commission.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 183, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 954; amended Pub. L. 88-489, Sec. 18,
    Aug. 26, 1964, 78 Stat. 607; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1964 - Par. (a). Pub. L. 88-489 struck out par. (a) which placed
    title to all special nuclear material utilized or produced by
    facilities pursuant to license in the United States at all times.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2234                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

-HEAD-
    Sec. 2234. Inalienability of licenses

-STATUTE-
      No license granted hereunder and no right to utilize or produce
    special nuclear material granted hereby shall be transferred,
    assigned or in any manner disposed of, either voluntarily or
    involuntarily, directly or indirectly, through transfer of control
    of any license to any person, unless the Commission shall, after
    securing full information, find that the transfer is in accordance
    with the provisions of this chapter, and shall give its consent in
    writing. The Commission may give such consent to the creation of a
    mortgage, pledge, or other lien upon any facility or special
    nuclear material, owned or thereafter acquired by a licensee, or
    upon any leasehold or other interest to such facility, and the
    rights of the creditors so secured may thereafter be enforced by
    any court subject to rules and regulations established by the
    Commission to protect public health and safety and promote the
    common defense and security.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 184, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 954; amended Pub. L. 88-489, Sec. 19,
    Aug. 26, 1964, 78 Stat. 607; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1964 - Pub. L. 88-489 inserted "or special nuclear material,"
    after "lien upon any facility" and substituted "interest in such
    facility" for "interest in such property".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2235                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

-HEAD-
    Sec. 2235. Construction permits and operating licenses

-STATUTE-
      (a) All applicants for licenses to construct or modify production
    or utilization facilities shall, if the application is otherwise
    acceptable to the Commission, be initially granted a construction
    permit. The construction permit shall state the earliest and latest
    dates for the completion of the construction or modification.
    Unless the construction or modification of the facility is
    completed by the completion date, the construction permit shall
    expire, and all rights thereunder be forfeited, unless upon good
    cause shown, the Commission extends the completion date. Upon the
    completion of the construction or modification of the facility,
    upon the filing of any additional information needed to bring the
    original application up to date, and upon finding that the facility
    authorized has been constructed and will operate in conformity with
    the application as amended and in conformity with the provisions of
    this chapter and of the rules and regulations of the Commission,
    and in the absence of any good cause being shown to the Commission
    why the granting of a license would not be in accordance with the
    provisions of this chapter, the Commission shall thereupon issue a
    license to the applicant. For all other purposes of this chapter, a
    construction permit is deemed to be a "license".
      (b) After holding a public hearing under section 2239(a)(1)(A) of
    this title, the Commission shall issue to the applicant a combined
    construction and operating license if the application contains
    sufficient information to support the issuance of a combined
    license and the Commission determines that there is reasonable
    assurance that the facility will be constructed and will operate in
    conformity with the license, the provisions of this chapter, and
    the Commission's rules and regulations. The Commission shall
    identify within the combined license the inspections, tests, and
    analyses, including those applicable to emergency planning, that
    the licensee shall perform, and the acceptance criteria that, if
    met, are necessary and sufficient to provide reasonable assurance
    that the facility has been constructed and will be operated in
    conformity with the license, the provisions of this chapter, and
    the Commission's rules and regulations. Following issuance of the
    combined license, the Commission shall ensure that the prescribed
    inspections, tests, and analyses are performed and, prior to
    operation of the facility, shall find that the prescribed
    acceptance criteria are met. Any finding made under this subsection
    shall not require a hearing except as provided in section
    2239(a)(1)(B) of this title.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 185, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 955; renumbered title I and amended Pub.
    L. 102-486, title IX, Sec. 902(a)(8), title XXVIII, Sec. 2801, Oct.
    24, 1992, 106 Stat. 2944, 3120.)

-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-486 inserted "and operating licenses" after
    "permits" in section catchline, designated existing text as subsec.
    (a), and added subsec. (b).

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 2806 of Pub. L. 102-486 provided that: "Sections 185 b.
    and 189 a. (1)(B) of the Atomic Energy Act of 1954 [subsec. (b) of
    this section and section 2239(a)(1)(B) of this title], as added by
    sections 2801 and 2802 of this Act, shall apply to all proceedings
    involving a combined license for which an application was filed
    after May 8, 1991, under such sections."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-EXEC-
                         EXECUTIVE ORDER NO. 12129                     
      Ex. Ord. No. 12129, Apr. 5, 1979, 44 F.R. 21001, which
    established a Critical Energy Facility Program, was revoked by Ex.
    Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

-End-

-CITE-
    42 USC Sec. 2236                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

-HEAD-
    Sec. 2236. Revocation of licenses

-STATUTE-
    (a) False applications; failure of performance
      Any license may be revoked for any material false statement in
    the application or any statement of fact required under section
    2232 of this title, or because of conditions revealed by such
    application or statement of fact or any report, record, or
    inspection or other means which would warrant the Commission to
    refuse to grant a license on an original application, or for
    failure to construct or operate a facility in accordance with the
    terms of the construction permit or license or the technical
    specifications in the application, or for violation of, or failure
    to observe any of the terms and provisions of this chapter or of
    any regulation of the Commission.
    (b) Procedure
      The Commission shall follow the provisions of section 558(c) of
    title 5 in revoking any license.
    (c) Repossession of material
      Upon revocation of the license, the Commission may immediately
    retake possession of all special nuclear material held by the
    licensee. In cases found by the Commission to be of extreme
    importance to the national defense and security or to the health
    and safety of the public, the Commission may recapture any special
    nuclear material held by the licensee or may enter upon and operate
    the facility prior to any of the procedures provided under
    subchapter II of chapter 5 and chapter 7 of title 5. Just
    compensation shall be paid for the use of the facility.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 186, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 955; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-COD-
                               CODIFICATION                           
      In subsecs. (b) and (c), "section 558(c) of title 5" and
    "subchapter II of chapter 5 and chapter 7 of title 5" substituted
    for "section 9(b) of the Administrative Procedure Act [5 U.S.C.
    1008(b)]" and "the Administration Procedure Act [5 U.S.C. 1001-
    1011]", respectively, on authority of Pub. L. 89-554, Sec. 7(b),
    Sept. 6, 1966, 80 Stat. 631, the first section of which enacted
    Title 5, Government Organization and Employees.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2237                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

-HEAD-
    Sec. 2237. Modification of license

-STATUTE-
      The terms and conditions of all licenses shall be subject to
    amendment, revision, or modification, by reason of amendments of
    this chapter or by reason of rules and regulations issued in
    accordance with the terms of this chapter.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 187, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 955; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2238                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

-HEAD-
    Sec. 2238. Continued operation of facilities

-STATUTE-
      Whenever the Commission finds that the public convenience and
    necessity or the production program of the Commission requires
    continued operation of a production facility or utilization
    facility the license for which has been revoked pursuant to section
    2236 of this title, the Commission may, after consultation with the
    appropriate regulatory agency, State or Federal, having
    jurisdiction, order that possession be taken of and such facility
    be operated for such period of time as the public convenience and
    necessity or the production program of the Commission may, in the
    judgment of the Commission, require, or until a license for the
    operation of the facility shall become effective. Just compensation
    shall be paid for the use of the facility.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 188, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 955; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2239                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

-HEAD-
    Sec. 2239. Hearings and judicial review

-STATUTE-
      (a)(1)(A) In any proceeding under this chapter, for the granting,
    suspending, revoking, or amending of any license or construction
    permit, or application to transfer control, and in any proceeding
    for the issuance or modification of rules and regulations dealing
    with the activities of licensees, and in any proceeding for the
    payment of compensation, an award or royalties under sections (!1)
    2183, 2187, 2236(c) or 2238 of this title, the Commission shall
    grant a hearing upon the request of any person whose interest may
    be affected by the proceeding, and shall admit any such person as a
    party to such proceeding. The Commission shall hold a hearing after
    thirty days' notice and publication once in the Federal Register,
    on each application under section 2133 or 2134(b) of this title for
    a construction permit for a facility, and on any application under
    section 2134(c) of this title for a construction permit for a
    testing facility. In cases where such a construction permit has
    been issued following the holding of such a hearing, the Commission
    may, in the absence of a request therefor by any person whose
    interest may be affected, issue an operating license or an
    amendment to a construction permit or an amendment to an operating
    license without a hearing, but upon thirty days' notice and
    publication once in the Federal Register of its intent to do so.
    The Commission may dispense with such thirty days' notice and
    publication with respect to any application for an amendment to a
    construction permit or an amendment to an operating license upon a
    determination by the Commission that the amendment involves no
    significant hazards consideration.

      (B)(i) Not less than 180 days before the date scheduled for
    initial loading of fuel into a plant by a licensee that has been
    issued a combined construction permit and operating license under
    section 2235(b) of this title, the Commission shall publish in the
    Federal Register notice of intended operation. That notice shall
    provide that any person whose interest may be affected by operation
    of the plant, may within 60 days request the Commission to hold a
    hearing on whether the facility as constructed complies, or on
    completion will comply, with the acceptance criteria of the
    license.
      (ii) A request for hearing under clause (i) shall show, prima
    facie, that one or more of the acceptance criteria in the combined
    license have not been, or will not be met, and the specific
    operational consequences of nonconformance that would be contrary
    to providing reasonable assurance of adequate protection of the
    public health and safety.
      (iii) After receiving a request for a hearing under clause (i),
    the Commission expeditiously shall either deny or grant the
    request. If the request is granted, the Commission shall determine,
    after considering petitioners' prima facie showing and any answers
    thereto, whether during a period of interim operation, there will
    be reasonable assurance of adequate protection of the public health
    and safety. If the Commission determines that there is such
    reasonable assurance, it shall allow operation during an interim
    period under the combined license.
      (iv) The Commission, in its discretion, shall determine
    appropriate hearing procedures, whether informal or formal
    adjudicatory, for any hearing under clause (i), and shall state its
    reasons therefor.
      (v) The Commission shall, to the maximum possible extent, render
    a decision on issues raised by the hearing request within 180 days
    of the publication of the notice provided by clause (i) or the
    anticipated date for initial loading of fuel into the reactor,
    whichever is later. Commencement of operation under a combined
    license is not subject to subparagraph (A).
      (2)(A) The Commission may issue and make immediately effective
    any amendment to an operating license or any amendment to a
    combined construction and operating license, upon a determination
    by the Commission that such amendment involves no significant
    hazards consideration, notwithstanding the pendency before the
    Commission of a request for a hearing from any person. Such
    amendment may be issued and made immediately effective in advance
    of the holding and completion of any required hearing. In
    determining under this section whether such amendment involves no
    significant hazards consideration, the Commission shall consult
    with the State in which the facility involved is located. In all
    other respects such amendment shall meet the requirements of this
    chapter.
      (B) The Commission shall periodically (but not less frequently
    than once every thirty days) publish notice of any amendments
    issued, or proposed to be issued, as provided in subparagraph (A).
    Each such notice shall include all amendments issued, or proposed
    to be issued, since the date of publication of the last such
    periodic notice. Such notice shall, with respect to each amendment
    or proposed amendment (i) identify the facility involved; and (ii)
    provide a brief description of such amendment. Nothing in this
    subsection shall be construed to delay the effective date of any
    amendment.
      (C) The Commission shall, during the ninety-day period following
    the effective date of this paragraph, promulgate regulations
    establishing (i) standards for determining whether any amendment to
    an operating license or any amendment to a combined construction
    and operating license involves no significant hazards
    consideration; (ii) criteria for providing or, in emergency
    situations, dispensing with prior notice and reasonable opportunity
    for public comment on any such determination, which criteria shall
    take into account the exigency of the need for the amendment
    involved; and (iii) procedures for consultation on any such
    determination with the State in which the facility involved is
    located.
      (b) The following Commission actions shall be subject to judicial
    review in the manner prescribed in chapter 158 of title 28 and
    chapter 7 of title 5:
        (1) Any final order entered in any proceeding of the kind
      specified in subsection (a) of this section.
        (2) Any final order allowing or prohibiting a facility to begin
      operating under a combined construction and operating license.
        (3) Any final order establishing by regulation standards to
      govern the Department of Energy's gaseous diffusion uranium
      enrichment plants, including any such facilities leased to a
      corporation established under the USEC Privatization Act [42
      U.S.C. 2297h et seq.].
        (4) Any final determination under section 2297f(c) of this
      title relating to whether the gaseous diffusion plants, including
      any such facilities leased to a corporation established under the
      USEC Privatization Act [42 U.S.C. 2297h et seq.], are in
      compliance with the Commission's standards governing the gaseous
      diffusion plants and all applicable laws.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 189, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 955; amended Pub. L. 85-256, Sec. 7,
    Sept. 2, 1957, 71 Stat. 579; Pub. L. 87-615, Sec. 2, Aug. 29, 1962,
    76 Stat. 409; Pub. L. 97-415, Sec. 12(a), Jan. 4, 1983, 96 Stat.
    2073; renumbered title I and amended Pub. L. 102-486, title IX,
    Sec. 902(a)(8), title XXVIII, Secs. 2802, 2804, 2805, Oct. 24,
    1992, 106 Stat. 2944, 3120, 3121; Pub. L. 104-134, title III, Sec.
    3116(c), Apr. 26, 1996, 110 Stat. 1321-349.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of this paragraph, referred to in subsec.
    (a)(2)(C), probably means the date of enactment of Pub. L. 97-415,
    which was approved Jan. 4, 1983.
      The USEC Privatization Act, referred to in subsec. (b)(3), (4),
    is subchapter A (Secs. 3101-3117) of chapter 1 of title III of Pub.
    L. 104-134, Apr. 26, 1996, 110 Stat. 1321-335, which is classified
    principally to subchapter VIII (Sec. 2297h et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    Short Title of 1996 Amendment note set out under section 2011 of
    this title and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-134 amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "Any
    final order entered in any proceeding of the kind specified in
    subsection (a) of this section or any final order allowing or
    prohibiting a facility to begin operating under a combined
    construction and operating license shall be subject to judicial
    review in the manner prescribed in the Act of December 29, 1950, as
    amended (ch. 1189, 64 Stat. 1129), and to the provisions of section
    10 of the Administrative Procedure Act, as amended."
      1992 - Subsec. (a)(1). Pub. L. 102-486, Sec. 2802, designated
    existing provisions as subpar. (A) and added subpar. (B).
      Subsec. (a)(2)(A), (C). Pub. L. 102-486, Sec. 2804, inserted "or
    any amendment to a combined construction and operating license"
    after "any amendment to an operating license".
      Subsec. (b). Pub. L. 102-486, Sec. 2805, inserted "or any final
    order allowing or prohibiting a facility to begin operating under a
    combined construction and operating license" before "shall be
    subject to judicial review".
      1983 - Subsec. (a). Pub. L. 97-415 designated existing provisions
    as par. (1) and added par. (2).
      1962 - Subsec. (a). Pub. L. 87-615 substituted "construction
    permit for a facility" and "construction permit for a testing
    facility" for "license for a facility" and "license for a testing
    facility" respectively, and authorized the commission in cases
    where a permit has been issued following a hearing, and in the
    absence of a request therefor by anyone whose interest may be
    affected, to issue an operating license or an amendment to a
    construction permit or an operating license without a hearing upon
    thirty days' notice and publication once in the Federal Register of
    its intent to do so, and to dispense with such notice and
    publication with respect to any application for an amendment to a
    construction permit or to an operating license upon its
    determination that the amendment involves no significant hazards
    consideration.
      1957 - Subsec. (a). Pub. L. 85-256 required the Commission to
    hold a hearing after 30 days notice and publication once in the
    Federal Register on an application for a license for a facility or
    a testing facility.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Subsec. (a)(1)(B) of this section, as added by section 2802 of
    Pub. L. 102-486, applicable to all proceedings involving combined
    license for which application was filed after May 8, 1991, see
    section 2806 of Pub. L. 102-486, set out as a note under section
    2235 of this title.

         AUTHORITY TO EFFECTUATE AMENDMENTS TO OPERATING LICENSES     
      Section 12(b) of Pub. L. 97-415 provided that: "The authority of
    the Nuclear Regulatory Commission, under the provisions of the
    amendment made by subsection (a) [amending this section], to issue
    and to make immediately effective any amendment to an operating
    license shall take effect upon the promulgation by the Commission
    of the regulations required in such provisions."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-MISC2-
           REVIEW OF NUCLEAR PROLIFERATION ASSESSMENT STATEMENTS       
      No court or regulatory body to have jurisdiction to compel
    performance of or to review adequacy of performance of any Nuclear
    Proliferation Assessment Statement called for by the Atomic Energy
    Act of 1954 [this chapter] or by the Nuclear Non-Proliferation Act
    of 1978, Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, see section
    2160a of this title.

                     ADMINISTRATIVE ORDERS REVIEW ACT                 
      Court of appeals exclusive jurisdiction respecting final orders
    of Atomic Energy Commission, now the Nuclear Regulatory Commission
    and the Secretary of Energy, made reviewable by this section, see
    section 2342 of Title 28, Judiciary and Judicial Procedure.

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

-End-

-CITE-
    42 USC Sec. 2240                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

-HEAD-
    Sec. 2240. Licensee incident reports as evidence

-STATUTE-
      No report by any licensee of any incident arising out of or in
    connection with a licensed activity made pursuant to any
    requirement of the Commission shall be admitted as evidence in any
    suit or action for damages growing out of any matter mentioned in
    such report.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 190, as added Pub. L. 87-206,
    Sec. 16, Sept. 6, 1961, 75 Stat. 479; renumbered title I, Pub. L.
    102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2241                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

-HEAD-
    Sec. 2241. Atomic safety and licensing boards; establishment;
      membership; functions; compensation

-STATUTE-
      (a) Notwithstanding the provisions of sections 556(b) and 557(b)
    of title 5, the Commission is authorized to establish one or more
    atomic safety and licensing boards, each comprised of three
    members, one of whom shall be qualified in the conduct of
    administrative proceedings and two of whom shall have such
    technical or other qualifications as the Commission deems
    appropriate to the issues to be decided, to conduct such hearings
    as the Commission may direct and make such intermediate or final
    decisions as the Commission may authorize with respect to the
    granting, suspending, revoking or amending of any license or
    authorization under the provisions of this chapter, any other
    provision of law, or any regulation of the Commission issued
    thereunder. The Commission may delegate to a board such other
    regulatory functions as the Commission deems appropriate. The
    Commission may appoint a panel of qualified persons from which
    board members may be selected.
      (b) Board members may be appointed by the Commission from private
    life, or designated from the staff of the Commission or other
    Federal agency. Board members appointed from private life shall
    receive a per diem compensation for each day spent in meetings or
    conferences, and all members shall receive their necessary
    traveling or other expenses while engaged in the work of a board.
    The provisions of section 2203 of this title shall be applicable to
    board members appointed from private life.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 191, as added Pub. L. 87-615,
    Sec. 1, Aug. 29, 1962, 76 Stat. 409; amended Pub. L. 91-560, Sec.
    10, Dec. 19, 1970, 84 Stat. 1474; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-COD-
                               CODIFICATION                           
      In subsec. (a), "sections 556(b) and 557(b) of title 5"
    substituted for "sections 7(a) and 8(a) of the Administrative
    Procedure Act [5 U.S.C. 1006(a), 1007(a)]" on authority of Pub. L.
    89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section
    of which enacted Title 5, Government Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      1970 - Subsec. (a). Pub. L. 91-560 required that two members of
    the board should have such technical or other qualifications the
    Commission deems appropriate to the issues to be decided.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2242                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

-HEAD-
    Sec. 2242. Temporary operating license

-STATUTE-
    (a) Fuel loading, testing, and operation at specific power level;
      petition, affidavit, etc.
      In any proceeding upon an application for an operating license
    for a utilization facility required to be licensed under section
    2133 or 2134(b) of this title, in which a hearing is otherwise
    required pursuant to section 2239(a) of this title, the applicant
    may petition the Commission for a temporary operating license for
    such facility authorizing fuel loading, testing, and operation at a
    specific power level to be determined by the Commission, pending
    final action by the Commission on the application. The initial
    petition for a temporary operating license for each such facility,
    and any temporary operating license issued for such facility based
    upon the initial petition, shall be limited to power levels not to
    exceed 5 percent of rated full thermal power. Following issuance by
    the Commission of the temporary operating license for each such
    facility, the licensee may file petitions with the Commission to
    amend the license to allow facility operation in staged increases
    at specific power levels, to be determined by the Commission,
    exceeding 5 percent of rated full thermal power. The initial
    petition for a temporary operating license for each such facility
    may be filed at any time after the filing of: (1) the report of the
    Advisory Committee on Reactor Safeguards required by section
    2232(b) of this title; (2) the filing of the initial Safety
    Evaluation Report by the Nuclear Regulatory Commission staff and
    the Nuclear Regulatory Commission staff's first supplement to the
    report prepared in response to the report of the Advisory Committee
    on Reactor Safeguards for the facility; (3) the Nuclear Regulatory
    Commission staff's final detailed statement on the environmental
    impact of the facility prepared pursuant to section 4332(2)(C) of
    this title; and (4) a State, local, or utility emergency
    preparedness plan for the facility. Petitions for the issuance of a
    temporary operating license, or for an amendment to such a license
    allowing operation at a specific power level greater than that
    authorized in the initial temporary operating license, shall be
    accompanied by an affidavit or affidavits setting forth the
    specific facts upon which the petitioner relies to justify issuance
    of the temporary operating license or the amendment thereto. The
    Commission shall publish notice of each such petition in the
    Federal Register and in such trade or news publications as the
    Commission deems appropriate to give reasonable notice to persons
    who might have a potential interest in the grant of such temporary
    operating license or amendment thereto. Any person may file
    affidavits or statements in support of, or in opposition to, the
    petition within thirty days after the publication of such notice in
    the Federal Register.
    (b) Operation at greater power level; criteria, effect, terms and
      conditions, etc.; procedures applicable
      With respect to any petition filed pursuant to subsection (a) of
    this section, the Commission may issue a temporary operating
    license, or amend the license to authorize temporary operation at
    each specific power level greater than that authorized in the
    initial temporary operating license, as determined by the
    Commission, upon finding that - 
        (1) in all respects other than the conduct or completion of any
      required hearing, the requirements of law are met;
        (2) in accordance with such requirements, there is reasonable
      assurance that operation of the facility during the period of the
      temporary operating license in accordance with its terms and
      conditions will provide adequate protection to the public health
      and safety and the environment during the period of temporary
      operation; and
        (3) denial of such temporary operating license will result in
      delay between the date on which construction of the facility is
      sufficiently completed, in the judgment of the Commission, to
      permit issuance of the temporary operating license, and the date
      when such facility would otherwise receive a final operating
      license pursuant to this chapter.

    The temporary operating license shall become effective upon
    issuance and shall contain such terms and conditions as the
    Commission may deem necessary, including the duration of the
    license and any provision for the extension thereof. Any final
    order authorizing the issuance or amendment of any temporary
    operating license pursuant to this section shall recite with
    specificity the facts and reasons justifying the findings under
    this subsection, and shall be transmitted upon such issuance to the
    Committees on Natural Resources and on Energy and Commerce of the
    House of Representatives and the Committee on Environment and
    Public Works of the Senate. The final order of the Commission with
    respect to the issuance or amendment of a temporary operating
    license shall be subject to judicial review pursuant to chapter 158
    of title 28. The requirements of section 2239(a) of this title with
    respect to the issuance or amendment of facility licenses shall not
    apply to the issuance or amendment of a temporary operating license
    under this section.
    (c) Hearing for final operating license; suspension, issuance,
      compliance, etc., with temporary operating license
      Any hearing on the application for the final operating license
    for a facility required pursuant to section 2239(a) of this title
    shall be concluded as promptly as practicable. The Commission shall
    suspend the temporary operating license if it finds that the
    applicant is not prosecuting the application for the final
    operating license with due diligence. Issuance of a temporary
    operating license under subsection (b) of this section shall be
    without prejudice to the right of any party to raise any issue in a
    hearing required pursuant to section 2239(a) of this title; and
    failure to assert any ground for denial or limitation of a
    temporary operating license shall not bar the assertion of such
    ground in connection with the issuance of a subsequent final
    operating license. Any party to a hearing required pursuant to
    section 2239(a) of this title on the final operating license for a
    facility for which a temporary operating license has been issued
    under subsection (b) of this section, and any member of the Atomic
    Safety and Licensing Board conducting such hearing, shall promptly
    notify the Commission of any information indicating that the terms
    and conditions of the temporary operating license are not being
    met, or that such terms and conditions are not sufficient to comply
    with the provisions of paragraph (2) of subsection (b) of this
    section.
    (d) Administrative remedies for minimization of need for license
      The Commission is authorized and directed to adopt such
    administrative remedies as the Commission deems appropriate to
    minimize the need for issuance of temporary operating licenses
    pursuant to this section.
    (e) Expiration of issuing authority
      The authority to issue new temporary operating licenses under
    this section shall expire on December 31, 1983.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 192, as added Pub. L. 92-307,
    June 2, 1972, 86 Stat. 191; amended Pub. L. 97-415, Sec. 11, Jan.
    4, 1983, 96 Stat. 2071; renumbered title I, Pub. L. 102-486, title
    IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 103-437,
    Sec. 15(f)(8), Nov. 2, 1994, 108 Stat. 4593.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b). Pub. L. 103-437 substituted "Natural
    Resources and on" for "Interior and Insular Affairs and".
      1983 - Subsec. (a). Pub. L. 97-415 substituted provisions setting
    forth procedures for petitioning for a temporary operating license
    in any proceeding upon an application for an operating license for
    a utilization facility required to be licensed under section 2133
    or 2134(b) of this title in which a hearing is otherwise required
    pursuant to section 2239(a) of this title, for provisions setting
    forth procedures for petitioning for a temporary operating license
    in any proceeding upon an application for an operating license for
    a nuclear power reactor in which a hearing is otherwise required
    pursuant to section 2239(a) of this title.
      Subsec. (b). Pub. L. 97-415 substituted provisions relating to
    requisite findings, effectiveness, terms and conditions, etc., with
    respect to petition for a temporary operating license for a
    utilization facility or amendment of the license to authorize
    temporary operation at greater power levels than authorized in the
    initial temporary operating license, for provisions relating to
    requisite findings, terms and conditions, etc., with respect to
    petition for a temporary operating license for a nuclear power
    reactor.
      Subsec. (c). Pub. L. 97-415 inserted provisions relating to
    notification requirements on any party to the hearing and any Board
    member, and substituted provisions relating to suspension of the
    temporary operating license, for provisions relating to vacation of
    the temporary operating license.
      Subsec. (d). Pub. L. 97-415 substituted provisions relating to
    administrative remedies for minimization of need for temporary
    operating licenses for provisions setting forth expiration of
    authority under this section on Oct. 30, 1973.
      Subsec. (e). Pub. L. 97-415 added subsec. (e).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives and Committee on Energy and Commerce of House of
    Representatives treated as referring to Committee on Commerce of
    House of Representatives by section 1(a) of Pub. L. 104-14, set out
    as a note preceding section 21 of Title 2, The Congress. Committee
    on Commerce of House of Representatives changed to Committee on
    Energy and Commerce of House of Representatives, and jurisdiction
    over matters relating to securities and exchanges and insurance
    generally transferred to Committee on Financial Services of House
    of Representatives by House Resolution No. 5, One Hundred Seventh
    Congress, Jan. 3, 2001.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2243                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XV - JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

-HEAD-
    Sec. 2243. Licensing of uranium enrichment facilities

-STATUTE-
    (a) Environmental impact statement
      (1) Major Federal action
        The issuance of a license under sections 2073 and 2093 of this
      title for the construction and operation of any uranium
      enrichment facility shall be considered a major Federal action
      significantly affecting the quality of the human environment for
      purposes of the National Environmental Policy Act of 1969 (42
      U.S.C. 4321 et seq.).
      (2) Timing
        An environmental impact statement prepared under paragraph (1)
      shall be prepared before the hearing on the issuance of a license
      for the construction and operation of a uranium enrichment
      facility is completed.
    (b) Adjudicatory hearing
      (1) In general
        The Commission shall conduct a single adjudicatory hearing on
      the record with regard to the licensing of the construction and
      operation of a uranium enrichment facility under sections 2073
      and 2093 of this title.
      (2) Timing
        Such hearing shall be completed and a decision issued before
      the issuance of a license for such construction and operation.
      (3) Single proceeding
        No further Commission licensing action shall be required to
      authorize operation.
    (c) Inspection and operation
      Prior to commencement of operation of a uranium enrichment
    facility licensed hereunder, the Commission shall verify through
    inspection that the facility has been constructed in accordance
    with the requirements of the license for construction and
    operation. The Commission shall publish notice of the inspection
    results in the Federal Register.
    (d) Insurance and decommissioning
      (1) The Commission shall require, as a condition of the issuance
    of a license under sections 2073 and 2093 of this title for a
    uranium enrichment facility, that the licensee have and maintain
    liability insurance of such type and in such amounts as the
    Commission judges appropriate to cover liability claims arising out
    of any occurrence within the United States, causing, within or
    outside the United States, bodily injury, sickness, disease, or
    death, or loss of or damage to property, or loss of use of
    property, arising out of or resulting from the radioactive, toxic,
    explosive, or other hazardous properties of chemical compounds
    containing source or special nuclear material.
      (2) The Commission shall require, as a condition for the issuance
    of a license under sections 2073 and 2093 of this title for a
    uranium enrichment facility, that the licensee provide adequate
    assurance of the availability of funds for the decommissioning
    (including decontamination) of such facility using funding
    mechanisms that may include, but are not necessarily limited to,
    the following:
        (A) Prepayment (in the form of a trust, escrow account,
      government fund, certificate of deposit, or deposit of government
      securities).
        (B) Surety (in the form of a surety or performance bond, letter
      of credit, or line of credit), insurance, or other guarantee
      (including parent company guarantee) method.
        (C) External sinking fund in which deposits are made at least
      annually.
    (e) No Price-Anderson coverage
      Section 2210 of this title shall not apply to any license under
    section 2073 or 2093 of this title for a uranium enrichment
    facility constructed after November 15, 1990.
    (f) Limitation
      No license or certificate of compliance may be issued to the
    United States Enrichment Corporation or its successor under this
    section or sections (!1) 2073, 2093, or 2297f of this title, if the
    Commission determines that - 

        (1) the Corporation is owned, controlled, or dominated by an
      alien, a foreign corporation, or a foreign government; or
        (2) the issuance of such a license or certificate of compliance
      would be inimical to - 
          (A) the common defense and security of the United States; or
          (B) the maintenance of a reliable and economical domestic
        source of enrichment services.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 193, as added Pub. L. 101-
    575, Sec. 5(e), Nov. 15, 1990, 104 Stat. 2835; renumbered title I,
    Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
    2944; amended Pub. L. 104-134, title III, Sec. 3116(b)(2), Apr. 26,
    1996, 110 Stat. 1321-349.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act of 1969, referred to in
    subsec. (a)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 4321 of this title
    and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (f). Pub. L. 104-134 added subsec. (f).

            REFERENCES TO UNITED STATES ENRICHMENT CORPORATION        
      References to the United States Enrichment Corporation deemed, as
    of the privatization date (July 28, 1998), to be references to the
    private corporation, see section 3116(e) of Pub. L. 104-134, set
    out as a note under former section 2297 of this title.

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

-End-

-CITE-
    42 USC SUBCHAPTER XVI - JOINT COMMITTEE ON ATOMIC ENERGY    01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVI - JOINT COMMITTEE ON ATOMIC ENERGY

-HEAD-
             SUBCHAPTER XVI - JOINT COMMITTEE ON ATOMIC ENERGY         

-End-

-CITE-
    42 USC Secs. 2251 to 2257                                   01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVI - JOINT COMMITTEE ON ATOMIC ENERGY

-HEAD-
    Secs. 2251 to 2257. Repealed. Aug. 1, 1946, ch. 724, title I, Sec.
      302(a), as added Aug. 30, 1954, ch. 1073, Sec. 1, as added Sept.
      20, 1977, Pub. L. 95-110, Sec. 1, 91 Stat. 884; renumbered title
      I, Oct. 24, 1992, Pub. L. 102-486, title IX, Sec. 902(a)(8), 106
      Stat. 2944

-MISC1-
      Section 2251, act Aug. 1, 1946, ch. 724, Sec. 201, as added Aug.
    30, 1954, ch. 1073, Sec. 1, 68 Stat. 956, provided for
    establishment of Joint Committee on Atomic Energy.
      Provisions similar to section 2251 were contained in section
    1815(a) of this title prior to the general amendment and
    renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68
    Stat. 921.
      Section 2252, act Aug. 1, 1946, ch. 724, Sec. 202, as added Aug.
    30, 1954, ch. 1073, Sec. 1, 68 Stat. 956; amended Sept. 6, 1961,
    Pub. L. 87-206, Sec. 17, 75 Stat. 479; Mar. 26, 1964, Pub. L. 88-
    294, 78 Stat. 172; Dec. 6, 1974, Pub. L. 93-514, 88 Stat. 1611,
    set out authority and duties of Joint Committee.
      Provisions similar to section 2252 were contained in section
    1815(b) of this title prior to the general amendment and
    renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68
    Stat. 921.
      Section 2253, act Aug. 1, 1946, ch. 724, Sec. 203, as added Aug.
    30, 1954, ch. 1073, Sec. 1, 68 Stat. 956, provided for a Chairman
    and a Vice Chairman of Committee.
      Provisions similar to section 2253 were contained in section
    1815(c) of this title prior to the general amendment and
    renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68
    Stat. 921.
      Section 2254, act Aug. 1, 1946, ch. 724, Sec. 204, as added Aug.
    30, 1954, ch. 1073, Sec. 1, 68 Stat. 957; amended Dec. 27, 1974,
    Pub. L. 93-554, title I, Sec. 101(2), 88 Stat. 1776, related to the
    powers of Committee.
      Provisions similar to section 2254 were contained in section
    1815(d) of this title prior to the general amendment and
    renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68
    Stat. 921.
      Section 2255, act Aug. 1, 1946, ch. 724, Sec. 205, as added Aug.
    30, 1954, ch. 1073, Sec. 1, 68 Stat. 957, related to staff and
    assistance for Committee.
      Provisions similar to section 2255 were contained in section
    1815(e) of this title prior to the general amendment and
    renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, ch. 1073, 68
    Stat. 921.
      Section 2256, act Aug. 1, 1946, ch. 724, Sec. 206, as added Aug.
    30, 1954, ch. 1073, Sec. 1, 68 Stat. 957, related to classification
    of information originating in Committee.
      Section 2257, act Aug. 1, 1946, ch. 724, Sec. 207, as added Aug.
    30, 1954, ch. 1073, Sec. 1, 68 Stat. 957, required that Committee
    keep records of all Committee actions.

                         EFFECTIVE DATE OF REPEAL                     
      Section 302(a) of act Aug. 1, 1946, ch. 724, title I, as added
    Aug. 30, 1954, ch. 1073, Sec. 1, as added Sept. 20, 1977, Pub. L.
    95-110, Sec. 1, 91 Stat. 884; renumbered title I, Oct. 24, 1992,
    Pub. L. 102-486, title IX, Sec. 902(a)(8), 106 Stat. 2944, provided
    that the repeal of sections 2251 to 2257 is effective Sept. 20,
    1977.

-End-

-CITE-
    42 USC Sec. 2258                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVI - JOINT COMMITTEE ON ATOMIC ENERGY

-HEAD-
    Sec. 2258. Joint Committee on Atomic Energy abolished

-STATUTE-
    (a) Abolition
      The Joint Committee on Atomic Energy is abolished.
    (b) References in rules, etc., on and after September 20, 1977
      Any reference in any rule, resolution, or order of the Senate or
    the House of Representatives or in any law, regulation, or
    Executive order to the Joint Committee on Atomic Energy shall, on
    and after September 20, 1977, be considered as referring to the
    committees of the Senate and the House of Representatives which,
    under the rules of the Senate and the House, have jurisdiction over
    the subject matter of such reference.
    (c) Transfer of records, data, etc.; copies
      All records, data, charts, and files of the Joint Committee on
    Atomic Energy are transferred to the committees of the Senate and
    House of Representatives which, under the rules of the Senate and
    the House, have jurisdiction over the subject matters to which such
    records, data, charts, and files relate. In the event that any
    record, data, chart, or file shall be within the jurisdiction of
    more than one committee, duplicate copies shall be provided upon
    request.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 301, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, as added Pub. L. 95-110, Sec. 1, Sept. 20, 1977,
    91 Stat. 884; renumbered title I, Pub. L. 102-486, title IX, Sec.
    902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-End-

-CITE-
    42 USC Sec. 2259                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVI - JOINT COMMITTEE ON ATOMIC ENERGY

-HEAD-
    Sec. 2259. Information and assistance to Congressional committees

-STATUTE-
    (a) Secretary of Energy and Nuclear Regulatory Commission
      The Secretary of Energy and the Nuclear Regulatory Commission
    shall keep the committees of the Senate and the House of
    Representatives which, under the rules of the Senate and the House,
    have jurisdiction over the functions of the Secretary or the
    Commission, fully and currently informed with respect to the
    activities of the Secretary and the Commission.
    (b) Department of Defense and Department of State
      The Department of Defense and Department of State shall keep the
    committees of the Senate and the House of Representatives which,
    under the rules of the Senate and the House, have jurisdiction over
    national security considerations of nuclear energy, fully and
    currently informed with respect to such matters within the
    Department of Defense and Department of State relating to national
    security considerations of nuclear technology which are within the
    jurisdiction of such committees.
    (c) Government agencies
      Any Government agency shall furnish any information requested by
    the committees of the Senate and the House of Representatives
    which, under the rules of the Senate and the House, have
    jurisdiction over the development, utilization, or application of
    nuclear energy, with respect to the activities or responsibilities
    of such agency in the field of nuclear energy which are within the
    jurisdiction of such committees.
    (d) Utilization of services, facilities, and personnel of
      Government agencies; reimbursement; prior written consent
      The committees of the Senate and the House of Representatives
    which, under the rules of the Senate and the House, have
    jurisdiction over the development, utilization, or application of
    nuclear energy, are authorized to utilize the services,
    information, facilities, and personnel of any Government agency
    which has activities or responsibilities in the field of nuclear
    energy which are within the jurisdiction of such committees:
    Provided, however, That any utilization of personnel by such
    committees shall be on a reimbursable basis and shall require, with
    respect to committees of the Senate, the prior written consent of
    the Committee on Rules and Administration, and with respect to
    committees of the House of Representatives, the prior written
    consent of the Committee on House Oversight.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 303, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, as added Pub. L. 95-110, Sec. 1, Sept. 20, 1977,
    91 Stat. 884; renumbered title I, Pub. L. 102-486, title IX, Sec.
    902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 104-186,
    title II, Sec. 222(1), Aug. 20, 1996, 110 Stat. 1751.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (d). Pub. L. 104-186 substituted "House Oversight"
    for "House Administration".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on House Oversight of House of Representatives changed
    to Committee on House Administration of House of Representatives by
    House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of certain functions from Nuclear Regulatory
    Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45
    F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of
    this title.

-End-

-CITE-
    42 USC SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER             01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
                 SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER             

-End-

-CITE-
    42 USC Sec. 2271                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2271. General provisions

-STATUTE-
    (a) Authority of President to utilize Government agencies
      To protect against the unlawful dissemination of Restricted Data
    and to safeguard facilities, equipment, materials, and other
    property of the Commission, the President shall have authority to
    utilize the services of any Government agency to the extent he may
    deem necessary or desirable.
    (b) Criminal violations
      The Federal Bureau of Investigation of the Department of Justice
    shall investigate all alleged or suspected criminal violations of
    this chapter.
    (c) Violations of this chapter
      No action shall be brought against any individual or person for
    any violation under this chapter unless and until the Attorney
    General of the United States has advised the Commission with
    respect to such action and no such action shall be commenced except
    by the Attorney General of the United States: Provided, however,
    That nothing in this subsection shall be construed as applying to
    administrative action taken by the Commission.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 221, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 958; amended Pub. L. 91-161, Sec. 5,
    Dec. 24, 1969, 83 Stat. 445; Pub. L. 101-647, title XII, Sec. 1211,
    Nov. 29, 1990, 104 Stat. 4833; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (c). Pub. L. 101-647 struck out "That no action
    shall be brought under section 2272, 2273, 2274, 2275, or 2276 of
    this title except by the express direction of the Attorney General:
    And provided further," after "Provided however,".
      1969 - Subsec. (c). Pub. L. 91-161 provided that nothing in this
    subsection should be construed to apply to administrative action
    taken by the Commission.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2272                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2272. Violation of specific sections

-STATUTE-
      (a) Whoever willfully violates, attempts to violate, or conspires
    to violate, any provision of sections (!1) 2077 or 2131 of this
    title, or whoever unlawfully interferes, attempts to interfere, or
    conspires to interfere with any recapture or entry under section
    2138 of this title, shall, upon conviction thereof, be punished by
    a fine of not more than $10,000 or by imprisonment for not more
    than ten years, or both, except that whoever commits such an
    offense with intent to injure the United States or with intent to
    secure an advantage to any foreign nation shall, upon conviction
    thereof, be punished by imprisonment for life, or by imprisonment
    for any term of years or a fine of not more than $20,000 or both.

      (b) Any person who violates, or attempts or conspires to violate,
    section 2122 of this title shall be fined not more than $2,000,000
    and sentenced to a term of imprisonment not less than 25 years or
    to imprisonment for life. Any person who, in the course of a
    violation of section 2122 of this title, uses, attempts or
    conspires to use, or possesses and threatens to use, any atomic
    weapon shall be fined not more than $2,000,000 and imprisoned for
    not less than 30 years or imprisoned for life. If the death of
    another results from a person's violation of section 2122 of this
    title, the person shall be fined not more than $2,000,000 and
    punished by imprisonment for life.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 222, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 958; amended Pub. L. 91-161, Secs. 2,
    3(a), Dec. 24, 1969, 83 Stat. 444; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub.
    L. 108-458, title VI, Sec. 6904(b), Dec. 17, 2004, 118 Stat. 3771.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1816(a), (b) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

                                AMENDMENTS                            
      2004 - Pub. L. 108-458 designated existing provisions as subsec.
    (a), struck out ", 2122," after "2077", and added subsec. (b).
      1969 - Pub. L. 91-161 increased maximum term of imprisonment from
    five years to ten years for willful violation, or attempted
    violation of enumerated sections, and struck out applicability of
    death penalty for violation of same offenses committed with intent
    to injure the United States, or secure an advantage to any foreign
    nation.

                     EFFECTIVE DATE OF 1969 AMENDMENT                 
      Section 7 of Pub. L. 91-161 provided that: "The amendments
    contained in sections 2 and 3 of this Act [amending this section
    and sections 2274 and 2276 of this title] shall apply only to
    offenses under sections 222, 224, 225, and 226 [this section and
    sections 2274, 2275, and 2276 of this title] which are committed on
    or after the date of enactment of this Act [Dec. 24, 1969]. Nothing
    in section 2 or 3 of this Act shall affect penalties authorized
    under existing law for offenses under section 222, 224, 225, or 226
    of the Atomic Energy Act of 1954, as amended, committed prior to
    the date of enactment of this Act."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

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

-End-

-CITE-
    42 USC Sec. 2273                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2273. Violation of sections

-STATUTE-
    (a) Generally
      Whoever willfully violates, attempts to violate, or conspires to
    violate, any provision of this chapter for which no criminal
    penalty is specifically provided or of any regulation or order
    prescribed or issued under section 2095 or 2201(b), (i), or (o) of
    this title shall, upon conviction thereof, be punished by a fine of
    not more than $5,000 or by imprisonment for not more than two
    years, or both, except that whoever commits such an offense with
    intent to injure the United States or with intent to secure an
    advantage to any foreign nation, shall, upon conviction thereof, be
    punished by a fine of not more than $20,000 or by imprisonment for
    not more than twenty years, or both.
    (b) Construction or supply of components for utilization
      facilities; impairment of basic components; "basic component"
      defined; posting at construction sites of utilization facilities
      and on premises of component fabrication plants
      Any individual director, officer, or employee of a firm
    constructing, or supplying the components of any utilization
    facility required to be licensed under section 2133 or 2134(b) of
    this title who by act or omission, in connection with such
    construction or supply, knowingly and willfully violates or causes
    to be violated, any section of this chapter, any rule, regulation,
    or order issued thereunder, or any license condition, which
    violation results, or if undetected could have resulted, in a
    significant impairment of a basic component of such a facility
    shall, upon conviction, be subject to a fine of not more than
    $25,000 for each day of violation, or to imprisonment not to exceed
    two years, or both. If the conviction is for a violation committed
    after a first conviction under this subsection, punishment shall be
    a fine of not more than $50,000 per day of violation, or
    imprisonment for not more than two years, or both. For the purposes
    of this subsection, the term "basic component" means a facility
    structure, system, component or part thereof necessary to assure - 
        (1) the integrity of the reactor coolant pressure boundary,
        (2) the capability to shut-down the facility and maintain it in
      a safe shut-down condition, or
        (3) the capability to prevent or mitigate the consequences of
      accidents which could result in an unplanned offsite release of
      quantities of fission products in excess of the limits
      established by the Commission.

    The provisions of this subsection shall be prominently posted at
    each site where a utilization facility required to be licensed
    under section 2133 or 2134(b) of this title is under construction
    and on the premises of each plant where components for such a
    facility are fabricated.
    (c) Criminal penalties
      Any individual director, officer or employee of a person
    indemnified under an agreement of indemnification under section
    2210(d) of this title (or of a subcontractor or supplier thereto)
    who, by act or omission, knowingly and willfully violates or causes
    to be violated any section of this chapter or any applicable
    nuclear safety-related rule, regulation or order issued thereunder
    by the Secretary of Energy (or expressly incorporated by reference
    by the Secretary for purposes of nuclear safety, except any rule,
    regulation, or order issued by the Secretary of Transportation),
    which violation results in or, if undetected, would have resulted
    in a nuclear incident as defined in section 2014(q) of this title
    shall, upon conviction, notwithstanding section 3571 of title 18,
    be subject to a fine of not more than $25,000, or to imprisonment
    not to exceed two years, or both. If the conviction is for a
    violation committed after the first conviction under this
    subsection, notwithstanding section 3571 of title 18, punishment
    shall be a fine of not more than $50,000, or imprisonment for not
    more than five years, or both.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 223, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 958; amended Pub. L. 90-190, Sec. 12,
    Dec. 14, 1967, 81 Stat. 578; Pub. L. 91-161, Sec. 6, Dec. 24, 1969,
    83 Stat. 445; Pub. L. 96-295, title II, Sec. 203, June 30, 1980, 94
    Stat. 786; Pub. L. 100-408, Sec. 18, Aug. 20, 1988, 102 Stat. 1083;
    renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct.
    24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (c). Pub. L. 100-408 added subsec. (c).
      1980 - Pub. L. 96-295 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1969 - Pub. L. 91-161 limited application of section to instances
    where no criminal penalties have been provided.
      1967 - Pub. L. 90-190 substituted "(o)" for "(p)".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-408 effective Aug. 20, 1988, but
    inapplicable to any violation occurring before Aug. 20, 1988, see
    section 20 of Pub. L. 100-408, set out as a note under section 2014
    of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2274                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2274. Communication of Restricted Data

-STATUTE-
      Whoever, lawfully or unlawfully, having possession of, access to,
    control over, or being entrusted with any document, writing,
    sketch, photograph, plan, model, instrument, appliance, note, or
    information involving or incorporating Restricted Data - 
        (a) communicates, transmits, or discloses the same to any
      individual or person, or attempts or conspires to do any of the
      foregoing, with intent to injure the United States or with intent
      to secure an advantage to any foreign nation, upon conviction
      thereof, shall be punished by imprisonment for life, or by
      imprisonment for any term of years or a fine of not more than
      $100,000 or both;
        (b) communicates, transmits, or discloses the same to any
      individual or person, or attempts or conspires to do any of the
      foregoing, with reason to believe such data will be utilized to
      injure the United States or to secure an advantage to any foreign
      nation, shall, upon conviction, be punished by a fine of not more
      than $50,000 or imprisonment for not more than ten years, or
      both.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 224, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 958; amended Pub. L. 91-161, Sec. 3(b),
    Dec. 24, 1969, 83 Stat. 444; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
    106-65, div. C, title XXXI, Sec. 3148(a), Oct. 5, 1999, 113 Stat.
    938; Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(g)(9)],
    Oct. 30, 2000, 114 Stat. 1654, 1654A-294.)

-MISC1-
                                AMENDMENTS                            
      2000 - Cl. (b). Pub. L. 106-398 substituted "$50,000" for
    "$500,000".
      1999 - Cl. (a). Pub. L. 106-65, Sec. 3148(a)(1), substituted
    "$100,000" for "$20,000".
      Cl. (b). Pub. L. 106-65, Sec. 3148(a)(2), substituted "$500,000"
    for "$10,000".
      1969 - Pub. L. 91-161 made death penalty inapplicable for willful
    violation, or attempted violation of this section with intent to
    injure the United States, or secure an advantage for any foreign
    nation.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(g)(9)],
    Oct. 30, 2000, 114 Stat. 1654, 1654A-294, provided that the
    amendment made by that section is effective as of Oct. 5, 1999.

                     EFFECTIVE DATE OF 1969 AMENDMENT                 
      Amendment by Pub. L. 91-161 applicable to offenses committed on
    or after Dec. 24, 1969, see section 7 of Pub. L. 91-161, set out as
    a note under section 2272 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2275                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2275. Receipt of Restricted Data

-STATUTE-
      Whoever, with intent to injure the United States or with intent
    to secure an advantage to any foreign nation, acquires, or attempts
    or conspires to acquire any document, writing, sketch, photograph,
    plan, model, instrument, appliance, note, or information involving
    or incorporating Restricted Data, shall upon conviction thereof, be
    punished by imprisonment for life, or by imprisonment for any term
    of years or a fine of not more than $100,000 or both.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 225, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 959; amended Pub. L. 91-161, Sec. 3(b),
    Dec. 24, 1969, 83 Stat. 444; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
    106-65, div. C, title XXXI, Sec. 3148(b), Oct. 5, 1999, 113 Stat.
    938.)

-MISC1-
                                AMENDMENTS                            
      1999 - Pub. L. 106-65 substituted "$100,000" for "$20,000".
      1969 - Pub. L. 91-161 made death penalty inapplicable for willful
    violation, or attempted violation of this section with intent to
    injure the United States, or secure an advantage for any foreign
    nation.

                     EFFECTIVE DATE OF 1969 AMENDMENT                 
      Amendment by Pub. L. 91-161 applicable to offenses committed on
    or after Dec. 24, 1969, see section 7 of Pub. L. 91-161, set out as
    a note under section 2272 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2276                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2276. Tampering with Restricted Data

-STATUTE-
      Whoever, with intent to injure the United States or with intent
    to secure an advantage to any foreign nation, removes, conceals,
    tampers with, alters, mutilates, or destroys any document, writing,
    sketch, photograph, plan, model, instrument, appliance, or note
    involving or incorporating Restricted Data and used by any
    individual or person in connection with the production of special
    nuclear material, or research or development relating to atomic
    energy, conducted by the United States, or financed in whole or in
    part by Federal funds, or conducted with the aid of special nuclear
    material, shall be punished by imprisonment for life, or by
    imprisonment for any term of years or a fine of not more than
    $20,000 or both.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 226, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 959; amended Pub. L. 91-161, Sec. 3(b),
    Dec. 24, 1969, 83 Stat. 444; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1969 - Pub. L. 91-161 made death penalty inapplicable for willful
    violation, or attempted violation of this section with intent to
    injure the United States, or secure an advantage for any foreign
    nation.

                     EFFECTIVE DATE OF 1969 AMENDMENT                 
      Amendment by Pub. L. 91-161 applicable to offenses committed on
    or after Dec. 24, 1969, see section 7 of Pub. L. 91-161, set out as
    a note under section 2272 of this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2277                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2277. Disclosure of Restricted Data

-STATUTE-
      Whoever, being or having been an employee or member of the
    Commission, a member of the Armed Forces, an employee of any agency
    of the United States, or being or having been a contractor of the
    Commission or of an agency of the United States, or being or having
    been an employee of a contractor of the Commission or of an agency
    of the United States, or being or having been a licensee of the
    Commission, or being or having been an employee of a licensee of
    the Commission, knowingly communicates, or whoever conspires to
    communicate or to receive, any Restricted Data, knowing or having
    reason to believe that such data is Restricted Data, to any person
    not authorized to receive Restricted Data pursuant to the
    provisions of this chapter or under rule or regulation of the
    Commission issued pursuant thereto, knowing or having reason to
    believe such person is not so authorized to receive Restricted Data
    shall, upon conviction thereof, be punishable by a fine of not more
    than $12,500.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 227, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 959; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;
    amended Pub. L. 106-65, div. C, title XXXI, Sec. 3148(c), Oct. 5,
    1999, 113 Stat. 938.)

-MISC1-
                                AMENDMENTS                            
      1999 - Pub. L. 106-65 substituted "$12,500" for "$2,500".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2278                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2278. Statute of limitations

-STATUTE-
      Except for a capital offense, no individual or person shall be
    prosecuted, tried, or punished for any offense prescribed or
    defined in sections 2274 to 2276 of this title unless the
    indictment is found or the information is instituted within ten
    years next after such offense shall have been committed.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 228, as added Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 959; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2278a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2278a. Trespass on Commission installations

-STATUTE-
    (a) Issuance and posting of regulations
      (1) The Commission is authorized to issue regulations relating to
    the entry upon or carrying, transporting, or otherwise introducing
    or causing to be introduced any dangerous weapon, explosive, or
    other dangerous instrument or material likely to produce
    substantial injury or damage to persons or property, into or upon
    any facility, installation, or real property subject to the
    jurisdiction, administration, in the custody of the Commission, or
    subject to the licensing authority of the Commission or
    certification by the Commission under this chapter or any other
    Act.
      (2) Every such regulation of the Commission shall be posted
    conspicuously at the location involved.
    (b) Penalty for violation of regulations
      Whoever shall willfully violate any regulation of the Commission
    issued pursuant to subsection (a) of this section shall, upon
    conviction thereof, be punishable by a fine of not more than
    $1,000.
    (c) Penalty for violation of regulations regarding enclosed
      property
      Whoever shall willfully violate any regulation of the Commission
    issued pursuant to subsection (a) of this section with respect to
    any installation or other property which is enclosed by a fence,
    wall, floor, roof, or other structural barrier shall be guilty of a
    misdemeanor and upon conviction thereof shall be punished by a fine
    of not to exceed $5,000 or to imprisonment for not more than one
    year, or both.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 229, as added Aug. 6, 1956,
    ch. 1015, Sec. 6, 70 Stat. 1070; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;
    amended Pub. L. 109-58, title VI, Sec. 654, Aug. 8, 2005, 119 Stat.
    812.)

-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-58, Sec. 654(1), (2), substituted "on" for
    "upon" in section catchline and realigned margins.
      Subsec. (a). Pub. L. 109-58, Sec. 654(3), designated first
    sentence as par. (1), substituted "in the custody of the
    Commission, or subject to the licensing authority of the Commission
    or certification by the Commission under this chapter or any other
    Act" for "or in the custody of the Commission", and designated
    second sentence as par. (2).

-End-

-CITE-
    42 USC Sec. 2278b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2278b. Photographing, etc., of Commission installations;
      penalty

-STATUTE-
      It shall be an offense, punishable by a fine of not more than
    $1,000 or imprisonment for not more than one year, or both - 
        (1) to make any photograph, sketch, picture, drawing, map or
      graphical representation, while present on property subject to
      the jurisdiction, administration or in the custody of the
      Commission, of any installations or equipment designated by the
      President as requiring protection against the general
      dissemination of information relative thereto, in the interest of
      the common defense and security, without first obtaining the
      permission of the Commission, and promptly submitting the product
      obtained to the Commission for inspection or such other action as
      may be deemed necessary; or
        (2) to use or permit the use of an aircraft or any contrivance
      used, or designed for navigation or flight in air, for the
      purpose of making a photograph, sketch, picture, drawing, map or
      graphical representation of any installation or equipment
      designated by the President as provided in the preceding
      paragraph, unless authorized by the Commission.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 230, as added Aug. 6, 1956,
    ch. 1015, Sec. 6, 70 Stat. 1070; renumbered title I, Pub. L. 102-
    486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2279                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2279. Applicability of other laws

-STATUTE-
      Sections 2274 to 2278b of this title shall not exclude the
    applicable provisions of any other laws.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 231, formerly Sec. 229, as
    added Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 959; renumbered
    Sec. 231 and amended Aug. 6, 1956, ch. 1015, Secs. 6, 7, 70 Stat.
    1070; renumbered title I, Pub. L. 102-486, title IX, Sec.
    902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                                AMENDMENTS                            
      1956 - Act Aug. 6, 1956, Sec. 7, substituted "2274 to 2278b" for
    "2274 to 2278".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2280                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2280. Injunction proceedings

-STATUTE-
      Whenever in the judgment of the Commission any person has engaged
    or is about to engage in any acts or practices which constitute or
    will constitute a violation of any provision of this chapter, or
    any regulation or order issued thereunder, the Attorney General on
    behalf of the United States may make application to the appropriate
    court for an order enjoining such acts or practices, or for an
    order enforcing compliance with such provision, and upon a showing
    by the Commission that such person has engaged or is about to
    engage in any such acts or practices, a permanent or temporary
    injunction, restraining order, or other order may be granted.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 232, formerly Sec. 230, as
    added Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 959; renumbered
    Sec. 232, Aug. 6, 1956, ch. 1015, Sec. 6, 70 Stat. 1070; renumbered
    title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
    106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1816(c) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2281                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2281. Contempt proceedings

-STATUTE-
      In case of failure or refusal to obey a subpena served upon any
    person pursuant to section 2201(c) of this title, the district
    court for any district in which such person is found or resides or
    transacts business, upon application by the Attorney General on
    behalf of the United States, shall have jurisdiction to issue an
    order requiring such person to appear and give testimony or to
    appear and produce documents, or both, in accordance with the
    subpena; and any failure to obey such order of the court may be
    punished by such court as a contempt thereof.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 233, formerly Sec. 231, as
    added Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 960; renumbered
    Sec. 233, Aug. 6, 1956, ch. 1015, Sec. 6, 70 Stat. 1070; renumbered
    title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
    106 Stat. 2944.)

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this section were contained in section
    1816(d) of this title, prior to the general amendment and
    renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2282                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2282. Civil penalties

-STATUTE-
    (a) Violations of licensing requirements
      Any person who (1) violates any licensing or certification
    provision of section 2073, 2077, 2092, 2093, 2111, 2112, 2131,
    2133, 2134, 2137, 2139, or 2297f of this title or any rule,
    regulation, or order issued thereunder, or any term, condition, or
    limitation of any license or certification issued thereunder, or
    (2) commits any violation for which a license may be revoked under
    section 2236 of this title, shall be subject to a civil penalty, to
    be imposed by the Commission, of not to exceed $100,000 for each
    such violation. If any violation is a continuing one, each day of
    such violation shall constitute a separate violation for the
    purpose of computing the applicable civil penalty. The Commission
    shall have the power to compromise, mitigate, or remit such
    penalties.
    (b) Notice
      Whenever the Commission has reason to believe that a person has
    become subject to the imposition of a civil penalty under the
    provisions of this section, it shall notify such person in writing
    (1) setting forth the date, facts, and nature of each act or
    omission with which the person is charged, (2) specifically
    identifying the particular provision or provisions of the section,
    rule, regulation, order, or license involved in the violation, and
    (3) advising of each penalty which the Commission proposes to
    impose and its amount. Such written notice shall be sent by
    registered or certified mail by the Commission to the last known
    address of such person. The person so notified shall be granted an
    opportunity to show in writing, within such reasonable period as
    the Commission shall by regulation prescribe, why such penalty
    should not be imposed. The notice shall also advise such person
    that upon failure to pay the civil penalty subsequently determined
    by the Commission, if any, the penalty may be collected by civil
    action.
    (c) Collection of penalties
      On the request of the Commission, the Attorney General is
    authorized to institute a civil action to collect a penalty imposed
    pursuant to this section. The Attorney General shall have the
    exclusive power to compromise, mitigate, or remit such civil
    penalties as are referred to him for collection.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 234, as added Pub. L. 91-161,
    Sec. 4, Dec. 24, 1969, 83 Stat. 444; amended Pub. L. 96-295, title
    II, Sec. 206, June 30, 1980, 94 Stat. 787; renumbered title I, Pub.
    L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
    2944; Pub. L. 104-134, title III, Sec. 3116(d), Apr. 26, 1996, 110
    Stat. 1321-350.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-134, in first sentence,
    substituted "any licensing or certification provision of section
    2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139,
    or 2297f of this title" for "any licensing provision of section
    2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, or 2139
    of this title" and "any license or certification issued thereunder"
    for "any license issued thereunder".
      1980 - Subsec. (a). Pub. L. 96-295 substituted $100,000 penalty
    limitation per violation for $5,000 limit per violation and $25,000
    limit for all violations taking place within any thirty consecutive
    day period.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2282a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2282a. Civil monetary penalties for violation of Department of
      Energy safety regulations

-STATUTE-
    (a) Persons subject to penalty
      Any person who has entered into an agreement of indemnification
    under section 2210(d) of this title (or any subcontractor or
    supplier thereto) who violates (or whose employee violates) any
    applicable rule, regulation or order related to nuclear safety
    prescribed or issued by the Secretary of Energy pursuant to this
    chapter (or expressly incorporated by reference by the Secretary
    for purposes of nuclear safety, except any rule, regulation, or
    order issued by the Secretary of Transportation) shall be subject
    to a civil penalty of not to exceed $100,000 for each such
    violation. If any violation under this subsection is a continuing
    one, each day of such violation shall constitute a separate
    violation for the purpose of computing the applicable civil
    penalty.
    (b) Determination of amount
      (1) The Secretary shall have the power to compromise, modify or
    remit, with or without conditions, such civil penalties and to
    prescribe regulations as he may deem necessary to implement this
    section.
      (2) In determining the amount of any civil penalty under this
    subsection, the Secretary shall take into account the nature,
    circumstances, extent, and gravity of the violation or violations
    and, with respect to the violator, ability to pay, effect on
    ability to continue to do business, any history of prior such
    violations, the degree of culpability, and such other matters as
    justice may require.
    (c) Assessment and payment
      (1) Before issuing an order assessing a civil penalty against any
    person under this section, the Secretary shall provide to such
    person notice of the proposed penalty. Such notice shall inform
    such person of his opportunity to elect in writing within thirty
    days after the date of receipt of such notice to have the
    procedures of paragraph (3) (in lieu of those of paragraph (2))
    apply with respect to such assessment.
      (2)(A) Unless an election is made within thirty calendar days
    after receipt of notice under paragraph (1) to have paragraph (3)
    apply with respect to such penalty, the Secretary shall assess the
    penalty, by order, after a determination of violation has been made
    on the record after an opportunity for an agency hearing pursuant
    to section 554 of title 5 before an administrative law judge
    appointed under section 3105 of such title 5. Such assessment order
    shall include the administrative law judge's findings and the basis
    for such assessment.
      (B) Any person against whom a penalty is assessed under this
    paragraph may, within sixty calendar days after the date of the
    order of the Secretary assessing such penalty, institute an action
    in the United States court of appeals for the appropriate judicial
    circuit for judicial review of such order in accordance with
    chapter 7 of title 5. The court shall have jurisdiction to enter a
    judgment affirming, modifying, or setting aside in whole or in
    part, the order of the Secretary, or the court may remand the
    proceeding to the Secretary for such further action as the court
    may direct.
      (3)(A) In the case of any civil penalty with respect to which the
    procedures of this paragraph have been elected, the Secretary shall
    promptly assess such penalty, by order, after the date of the
    election under paragraph (1).
      (B) If the civil penalty has not been paid within sixty calendar
    days after the assessment order has been made under subparagraph
    (A), the Secretary shall institute an action in the appropriate
    district court of the United States for an order affirming the
    assessment of the civil penalty. The court shall have authority to
    review de novo the law and facts involved, and shall have
    jurisdiction to enter a judgment enforcing, modifying, and
    enforcing as so modified, or setting aside in whole or in part,
    such assessment.
      (C) Any election to have this paragraph apply may not be revoked
    except with consent of the Secretary.
      (4) If any person fails to pay an assessment of a civil penalty
    after it has become a final and unappealable order under paragraph
    (2), or after the appropriate district court has entered final
    judgment in favor of the Secretary under paragraph (3), the
    Secretary shall institute an action to recover the amount of such
    penalty in any appropriate district court of the United States. In
    such action, the validity and appropriateness of such final
    assessment order or judgment shall not be subject to review.
    (d) Limitation for not-for-profit institutions
      (1) Notwithstanding subsection (a) of this section, in the case
    of any not-for-profit contractor, subcontractor, or supplier, the
    total amount of civil penalties paid under subsection (a) of this
    section may not exceed the total amount of fees paid within any 1-
    year period (as determined by the Secretary) under the contract
    under which the violation occurs.
      (2) For purposes of this section, the term "not-for-profit" means
    that no part of the net earnings of the contractor, subcontractor,
    or supplier inures to the benefit of any natural person or for-
    profit artificial person.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 234A, as added Pub. L. 100-
    408, Sec. 17, Aug. 20, 1988, 102 Stat. 1081; renumbered title I,
    Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
    2944; amended Pub. L. 106-65, div. C, title XXXI, Sec. 3147(c),
    Oct. 5, 1999, 113 Stat. 938; Pub. L. 109-58, title VI, Sec. 610(a),
    (b), Aug. 8, 2005, 119 Stat. 781.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b)(2). Pub. L. 109-58, Sec. 610(a), struck out at
    end "In implementing this section, the Secretary shall determine by
    rule whether nonprofit educational institutions should receive
    automatic remission of any penalty under this section."
      Subsec. (d). Pub. L. 109-58, Sec. 610(b), amended subsec. (d)
    generally. Prior to amendment, subsec. (d) provided that the
    provisions of this section would not apply to the University of
    Chicago for activities associated with Argonne National Laboratory;
    the University of California for activities associated with Los
    Alamos National Laboratory, Lawrence Livermore National Laboratory,
    and Lawrence Berkeley National Laboratory; American Telephone and
    Telegraph Company and its subsidiaries for activities associated
    with Sandia National Laboratories; Universities Research
    Association, Inc. for activities associated with FERMI National
    Laboratory; Princeton University for activities associated with
    Princeton Plasma Physics Laboratory; the Associated Universities,
    Inc. for activities associated with the Brookhaven National
    Laboratory; and Battelle Memorial Institute for activities
    associated with Pacific Northwest Laboratory.
      1999 - Pub. L. 106-65 inserted "safety" before "regulations" in
    section catchline.

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-58, title VI, Sec. 610(c), Aug. 8, 2005, 119 Stat.
    782, provided that: "The amendments made by this section [amending
    this section] shall not apply to any violation of the Atomic Energy
    Act of 1954 (42 U.S.C. 2011 et seq.) occurring under a contract
    entered into before the date of enactment of this section [Aug. 8,
    2005]."

                              EFFECTIVE DATE                          
      Section effective Aug. 20, 1988, but inapplicable to any
    violation occurring before Aug. 20, 1988, see section 20 of Pub. L.
    100-408, set out as an Effective Date of 1988 Amendment note under
    section 2014 of this title.

-End-

-CITE-
    42 USC Sec. 2282b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2282b. Civil monetary penalties for violations of Department
      of Energy regulations regarding security of classified or
      sensitive information or data

-STATUTE-
    (a) Persons subject to penalty
      Any person who has entered into a contract or agreement with the
    Department of Energy, or a subcontract or subagreement thereto, and
    who violates (or whose employee violates) any applicable rule,
    regulation, or order prescribed or otherwise issued by the
    Secretary pursuant to this chapter relating to the safeguarding or
    security of Restricted Data or other classified or sensitive
    information shall be subject to a civil penalty of not to exceed
    $100,000 for each such violation.
    (b) Fee or payment reductions for violations
      The Secretary shall include in each contract with a contractor of
    the Department provisions which provide an appropriate reduction in
    the fees or amounts paid to the contractor under the contract in
    the event of a violation by the contractor or contractor employee
    of any rule, regulation, or order relating to the safeguarding or
    security of Restricted Data or other classified or sensitive
    information. The provisions shall specify various degrees of
    violations and the amount of the reduction attributable to each
    degree of violation.
    (c) Powers and limitations
      The powers and limitations applicable to the assessment of civil
    penalties under section 2282a of this title, except for subsection
    (d) of that section, shall apply to the assessment of civil
    penalties under this section.
    (d) Application to certain entities
      In the case of an entity specified in subsection (d) of section
    2282a of this title - 
        (1) the assessment of any civil penalty under subsection (a) of
      this section against that entity may not be made until the entity
      enters into a new contract with the Department of Energy or an
      extension of a current contract with the Department; and
        (2) the total amount of civil penalties under subsection (a) of
      this section in a fiscal year may not exceed the total amount of
      fees paid by the Department of Energy to that entity in that
      fiscal year.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 234B, as added Pub. L. 106-
    65, div. C, title XXXI, Sec. 3147(a), Oct. 5, 1999, 113 Stat.
    937.)

-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 106-65, div. C, title XXXI, Sec. 3147(b), Oct. 5, 1999,
    113 Stat. 938, provided that: "Subsection a. of section 234B of the
    Atomic Energy Act of 1954 [42 U.S.C. 2282b(a)], as added by
    subsection (a), applies to any violation after the date of the
    enactment of this Act [Oct. 5, 1999]."

-End-

-CITE-
    42 USC Sec. 2282c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2282c. Worker health and safety rules for Department of Energy
      nuclear facilities

-STATUTE-
    (a) Regulations required
      (1) In general
        The Secretary shall promulgate regulations for industrial and
      construction health and safety at Department of Energy facilities
      that are operated by contractors covered by agreements of
      indemnification under section 2210(d) of this title, after public
      notice and opportunity for comment under section 553 of title 5
      (commonly known as the "Administrative Procedure Act"). Such
      regulations shall, subject to paragraph (3), provide a level of
      protection for workers at such facilities that is substantially
      equivalent to the level of protection currently provided to such
      workers at such facilities.
      (2) Applicability
        The regulations promulgated under paragraph (1) shall not apply
      to any facility that is a component of, or any activity conducted
      under, the Naval Nuclear Propulsion Program provided for under
      Executive Order No. 12344, dated February 1, 1982 (as in force
      pursuant to section 1634 of the Department of Defense
      Authorization Act, 1985 (Public Law 98-525)).
      (3) Flexibility
        In promulgating the regulations under paragraph (1), the
      Secretary shall include flexibility - 
          (A) to tailor implementation of such regulations to reflect
        activities and hazards associated with a particular work
        environment;
          (B) to take into account special circumstances at a facility
        that is, or is expected to be, permanently closed and that is
        expected to be demolished, or title to which is expected to be
        transferred to another entity for reuse; and
          (C) to achieve national security missions of the Department
        of Energy in an efficient and timely manner.
      (4) No effect on health and safety enforcement
        This subsection does not diminish or otherwise affect the
      enforcement or the application of any other law, regulation,
      order, or contractual obligation relating to worker health and
      safety.
    (b) Civil penalties
      (1) In general
        A person (or any subcontractor or supplier of the person) who
      has entered into an agreement of indemnification under section
      2210(d) of this title (or any subcontractor or supplier of the
      person) that violates (or is the employer of a person that
      violates) any regulation promulgated under subsection (a) of this
      section shall be subject to a civil penalty of not more than
      $70,000 for each such violation.
      (2) Continuing violations
        If any violation under this subsection is a continuing
      violation, each day of the violation shall constitute a separate
      violation for the purpose of computing the civil penalty under
      paragraph (1).
    (c) Contract penalties
      (1) In general
        The Secretary shall include in each contract with a contractor
      of the Department who has entered into an agreement of
      indemnification under section 2210(d) of this title provisions
      that provide an appropriate reduction in the fees or amounts paid
      to the contractor under the contract in the event of a violation
      by the contractor or contractor employee of any regulation
      promulgated under subsection (a) of this section.
      (2) Contents
        The provisions shall specify various degrees of violations and
      the amount of the reduction attributable to each degree of
      violation.
    (d) Coordination of penalties
      (1) Choice of penalties
        For any violation by a person of a regulation promulgated under
      subsection (a) of this section, the Secretary shall pursue either
      civil penalties under subsection (b) of this section or contract
      penalties under subsection (c) of this section, but not both.
      (2) Maximum amount
        In the case of an entity described in subsection (d) of section
      2282a of this title, the total amount of civil penalties under
      subsection (b) of this section and contract penalties under
      subsection (c) of this section in a fiscal year may not exceed
      the total amount of fees paid by the Department of Energy to that
      entity in that fiscal year.
      (3) Coordination with section 2282a of this title
        The Secretary shall ensure that a contractor of the Department
      is not penalized both under this section and under section 2282a
      of this title for the same violation.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 234C, as added Pub. L. 107-
    314, div. C, title XXXI, Sec. 3173(a), Dec. 2, 2002, 116 Stat.
    2743.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order No. 12344, referred to in subsec. (a)(2), is set
    out as a note under section 2511 of Title 50, War and National
    Defense.
      Section 1634 of the Department of Defense Authorization Act, 1985
    (Public Law 98-525), referred to in subsec. (a)(2), is set out as a
    note under section 2511 of Title 50, War and National Defense.

-MISC1-
                    PROMULGATION OF INITIAL REGULATIONS                
      Pub. L. 107-314, div. C, title XXXI, Sec. 3173(b), Dec. 2, 2002,
    116 Stat. 2745, provided that:
      "(1) Deadline for promulgating regulations. - The Secretary of
    Energy shall promulgate the regulations required by subsection a.
    of section 234C of the Atomic Energy Act of 1954 [42 U.S.C.
    2282c(a)] (as added by subsection (a)) not later than one year
    after the date of the enactment of this Act [Dec. 2, 2002].
      "(2) Effective date. - The regulations promulgated under
    paragraph (1) shall take effect on the date that is one year after
    the promulgation date of the regulations."

                                PROHIBITION                            
      Pub. L. 107-314, div. C, title XXXI, Sec. 3173(c), Dec. 2, 2002,
    116 Stat. 2745, provided that: "The Secretary of Energy shall not
    participate in or otherwise support any study or other project
    relating to a modification in the scope of the regulations
    enforceable by civil penalties under section 234A or 234C of the
    Atomic Energy Act of 1954 [42 U.S.C. 2282a, 2282c], or the
    responsibility of the Secretary to implement and enforce such
    regulations, until after the date on which the regulations for such
    purposes under such section 234C take effect in accordance with
    subsection (b) [set out as a note above]."

-End-

-CITE-
    42 USC Sec. 2283                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2283. Protection of nuclear inspectors

-STATUTE-
    (a) Homicide
      Whoever kills any person who performs any inspections which - 
        (1) are related to any activity or facility licensed by the
      Commission, and
        (2) are carried out to satisfy requirements under this chapter
      or under any other Federal law governing the safety of
      utilization facilities required to be licensed under section 2133
      or 2134(b) of this title, or the safety of radioactive materials,

    shall be punished as provided under sections 1111 and 1112 of title
    18. The preceding sentence shall be applicable only if such person
    is killed while engaged in the performance of such inspection
    duties or on account of the performance of such duties.
    (b) Assault
      Whoever forcibly assaults, resists, opposes, impedes,
    intimidates, or interferes with any person who performs inspections
    as described under subsection (a) of this section, while such
    person is engaged in such inspection duties or on account of the
    performance of such duties, shall be punished as provided under
    section 111 of title 18.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 235, as added Pub. L. 96-295,
    title II, Sec. 202(a), June 30, 1980, 94 Stat. 786; renumbered
    title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992,
    106 Stat. 2944.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2284                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII - ENFORCEMENT OF CHAPTER

-HEAD-
    Sec. 2284. Sabotage of nuclear facilities or fuel

-STATUTE-
    (a) Physical damage to facilities, etc.
      Any person who knowingly destroys or causes physical damage to - 
        (1) any production facility or utilization facility licensed
      under this chapter;
        (2) any nuclear waste treatment, storage, or disposal facility
      licensed under this chapter;
        (3) any nuclear fuel for a utilization facility licensed under
      this chapter, or any spent nuclear fuel from such a facility;
        (4) any uranium enrichment, uranium conversion, or nuclear fuel
      fabrication facility licensed or certified by the Nuclear
      Regulatory Commission;
        (5) any production, utilization, waste storage, waste
      treatment, waste disposal, uranium enrichment, uranium
      conversion, or nuclear fuel fabrication facility subject to
      licensing or certification under this chapter during construction
      of the facility, if the destruction or damage caused or attempted
      to be caused could adversely affect public health and safety
      during the operation of the facility;
        (6) any primary facility or backup facility from which a
      radiological emergency preparedness alert and warning system is
      activated; or
        (7) any radioactive material or other property subject to
      regulation by the Commission that, before the date of the
      offense, the Commission determines, by order or regulation
      published in the Federal Register, is of significance to the
      public health and safety or to common defense and security; (!1)

    or attempts or conspires to do such an act, shall be fined not more
    than $10,000 or imprisoned for not more than 20 years, or both,
    and, if death results to any person, shall be imprisoned for any
    term of years or for life.
    (b) Unauthorized use or tampering with facilities, etc.
      Any person who knowingly causes an interruption of normal
    operation of any such facility through the unauthorized use of or
    tampering with the machinery, components, or controls of any such
    facility, or attempts or conspires to do such an act, shall be
    fined not more than $10,000 or imprisoned for not more than 20
    years, or both, and, if death results to any person, shall be
    imprisoned for any term of years or for life.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 236, as added Pub. L. 96-295,
    title II, Sec. 204(a), June 30, 1980, 94 Stat. 787; amended Pub. L.
    97-415, Sec. 16, Jan. 4, 1983, 96 Stat. 2076; Pub. L. 101-575, Sec.
    5(d), Nov. 15, 1990, 104 Stat. 2835; renumbered title I, Pub. L.
    102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944;
    amended Pub. L. 107-56, title VIII, Secs. 810(f), 811(h), Oct. 26,
    2001, 115 Stat. 380, 381; Pub. L. 109-58, title VI, Sec. 655, Aug.
    8, 2005, 119 Stat. 813.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-58, Sec. 655(b), substituted
    "knowingly" for "intentionally and willfully" in introductory
    provisions.
      Pub. L. 109-58, Sec. 655(a), substituted "treatment, storage, or
    disposal facility" for "storage facility" in par. (2), "a
    utilization facility licensed under this chapter" for "such a
    utilization facility" in par. (3), and ", uranium conversion, or
    nuclear fuel fabrication facility licensed or certified" for
    "facility licensed" in par. (4) and added pars. (5) to (7).
      Subsec. (b). Pub. L. 109-58, Sec. 655(b), substituted "knowingly"
    for "intentionally and willfully".
      2001 - Subsec. (a). Pub. L. 107-56, Secs. 810(f)(1), (2),
    811(h)(1)(A), (C), in introductory provisions, struck out ", or who
    intentionally and willfully attempts to destroy or cause physical
    damage to" before " - ", and in concluding provisions, inserted "or
    attempts or conspires to do such an act," before "shall be fined"
    and substituted "20 years, or both, and, if death results to any
    person, shall be imprisoned for any term of years or for life." for
    "ten years, or both."
      Subsec. (a)(4). Pub. L. 107-56, Sec. 811(h)(1)(B), substituted
    comma for period at end.
      Subsec. (b). Pub. L. 107-56, Secs. 810(f)(1), (3), 811(h)(2),
    struck out "or attempts to cause" before "an interruption of normal
    operation", inserted "or attempts or conspires to do such an act,"
    before "shall be fined", and substituted "20 years, or both, and,
    if death results to any person, shall be imprisoned for any term of
    years or for life." for "ten years, or both."
      1990 - Subsec. (a)(4). Pub. L. 101-575, which directed amendment
    of this section by adding par. (4) after par. (3), was executed by
    adding par. (4) after par. (3) of subsec. (a) of this section to
    reflect the probable intent of Congress.
      1983 - Pub. L. 97-415 designated existing provisions as subsec.
    (a) and added subsec. (b).

-FOOTNOTE-               

    (!1) So in original. The semicolon probably should be a comma.

-End-

-CITE-
    42 USC SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES
           SAFETY BOARD                                    01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD

-HEAD-
        SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD    

-End-

-CITE-
    42 USC Sec. 2286                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD

-HEAD-
    Sec. 2286. Establishment

-STATUTE-
    (a) Establishment
      There is hereby established an independent establishment in the
    executive branch, to be known as the "Defense Nuclear Facilities
    Safety Board" (hereafter in this subchapter referred to as the
    "Board").
    (b) Membership
      (1) The Board shall be composed of five members appointed from
    civilian life by the President, by and with the advice and consent
    of the Senate, from among United States citizens who are respected
    experts in the field of nuclear safety with a demonstrated
    competence and knowledge relevant to the independent investigative
    and oversight functions of the Board. Not more than three members
    of the Board shall be of the same political party.
      (2) Any vacancy in the membership of the Board shall be filled in
    the same manner in which the original appointment was made.
      (3) No member of the Board may be an employee of, or have any
    significant financial relationship with, the Department of Energy
    or any contractor of the Department of Energy.
      (4) Not later than 180 days after September 29, 1988, the
    President shall submit to the Senate nominations for appointment to
    the Board. In the event that the President is unable to submit the
    nominations within such 180-day period, the President shall submit
    to the Committees on Armed Services and on Appropriations of the
    Senate and to the Speaker of the House of Representatives a report
    describing the reasons for such inability and a plan for submitting
    the nominations within the next 90 days. If the President is unable
    to submit the nominations within that 90-day period, the President
    shall again submit to such committees and the Speaker such a report
    and plan. The President shall continue to submit to such committees
    and the Speaker such a report and plan every 90 days until the
    nominations are submitted.
    (c) Chairman and Vice Chairman
      (1) The President shall designate a Chairman and Vice Chairman of
    the Board from among members of the Board.
      (2) The Chairman shall be the chief executive officer of the
    Board and, subject to such policies as the Board may establish,
    shall exercise the functions of the Board with respect to - 
        (A) the appointment and supervision of employees of the Board;
        (B) the organization of any administrative units established by
      the Board; and
        (C) the use and expenditure of funds.

      (3) The Chairman may delegate any of the functions under this
    paragraph to any other member or to any appropriate officer of the
    Board.
      (4) The Vice Chairman shall act as Chairman in the event of the
    absence or incapacity of the Chairman or in case of a vacancy in
    the office of Chairman.
    (d) Terms
      (1) Except as provided under paragraph (2), the members of the
    Board shall serve for terms of five years. Members of the Board may
    be reappointed.
      (2) Of the members first appointed - 
        (A) one shall be appointed for a term of one year;
        (B) one shall be appointed for a term of two years;
        (C) one shall be appointed for a term of three years;
        (D) one shall be appointed for a term of four years; and
        (E) one shall be appointed for a term of five years,

    as designated by the President at the time of appointment.
      (3) Any member appointed to fill a vacancy occurring before the
    expiration of the term of office for which such member's
    predecessor was appointed shall be appointed only for the remainder
    of such term. A member may serve after the expiration of that
    member's term until a successor has taken office.
    (e) Quorum
      Three members of the Board shall constitute a quorum, but a
    lesser number may hold hearings.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 311, as added Pub. L. 100-
    456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
    2076; renumbered title I, Pub. L. 102-486, title IX, Sec.
    902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
        REPORT ON EXTERNAL REGULATION OF DEFENSE NUCLEAR FACILITIES    
      Pub. L. 105-85, div. C, title XXXII, Sec. 3202, Nov. 18, 1997,
    111 Stat. 2054, provided that:
      "(a) Reporting Requirement. - The Defense Nuclear Facilities
    Safety Board (in this section referred to as the 'Board') shall
    prepare a report and make recommendations on its role in the
    Department of Energy's decision to establish external regulation of
    defense nuclear facilities. The report shall include the following:
        "(1) An assessment of the value of and the need for the Board
      to continue to perform the functions specified under chapter 21
      of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
        "(2) An assessment of the relationship between the functions of
      the Board and a proposal by the Department of Energy to place
      Department of Energy defense nuclear facilities under the
      jurisdiction of external regulatory agencies.
        "(3) An assessment of the functions of the Board and whether
      there is a need to modify or amend such functions.
        "(4) An assessment of the relative advantages and disadvantages
      to the Department and the public of continuing the functions of
      the Board with respect to Department of Energy defense nuclear
      facilities and replacing the activities of the Board with
      external regulation of such facilities.
        "(5) A list of all existing or planned Department of Energy
      defense nuclear facilities that are similar to facilities under
      the regulatory jurisdiction of the Nuclear Regulatory Commission.
        "(6) A list of all Department of Energy defense nuclear
      facilities that are in compliance with all applicable Department
      of Energy orders, regulations, and requirements relating to the
      design, construction, operation, and decommissioning of defense
      nuclear facilities.
        "(7) A list of all Department of Energy defense nuclear
      facilities that have implemented, pursuant to an implementation
      plan, recommendations made by the Board and accepted by the
      Secretary of Energy.
        "(8) A list of Department of Energy defense nuclear facilities
      that have a function related to Department weapons activities.
        "(9)(A) A list of each existing defense nuclear facility that
      the Board determines - 
          "(i) should continue to stay within the jurisdiction of the
        Board for a period of time or indefinitely; and
          "(ii) should come under the jurisdiction of an outside
        regulatory authority.
        "(B) An explanation of the determinations made under
      subparagraph (A).
        "(10) For any existing facilities that should, in the opinion
      of the Board, come under the jurisdiction of an outside
      regulatory authority, the date when this move would occur and the
      period of time necessary for the transition.
        "(11) A list of any proposed Department of Energy defense
      nuclear facilities that should come under the Board's
      jurisdiction.
        "(12) An assessment of regulatory and other issues associated
      with the design, construction, operation, and decommissioning of
      facilities that are not owned by the Department of Energy but
      which would provide services to the Department of Energy.
        "(13) An assessment of the role of the Board, if any, in
      privatization projects undertaken by the Department.
        "(14) An assessment of the role of the Board, if any, in any
      tritium production facilities.
        "(15) An assessment of the comparative advantages and
      disadvantages to the Department of Energy in the event some or
      all Department of Energy defense nuclear facilities were no
      longer included in the functions of the Board and were regulated
      by the Nuclear Regulatory Commission.
        "(16) A comparison of the cost, as identified by the Nuclear
      Regulatory Commission, that would be incurred at a gaseous
      diffusion plant to comply with regulations issued by the Nuclear
      Regulatory Commission, with the cost that would be incurred by a
      gaseous diffusion plant if such a plant was considered to be a
      Department of Energy defense nuclear facility as defined by
      chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et
      seq.).
      "(b) Comments on Report. - Before submission of the report to
    Congress under subsection (c), the Board shall transmit the report
    to the Secretary of Energy and the Nuclear Regulatory Commission.
    The Secretary and the Commission shall provide their comments on
    the report to both the Board and to Congress.
      "(c) Submission to Congress. - Not later than six months after
    the date of the enactment of this Act [Nov. 18, 1997], the Board
    shall provide to Congress an interim report on the status of the
    implementation of this section. Not later than one year after the
    date of the enactment of this Act, and not earlier than 30 days
    after receipt of comments from the Secretary of Energy and the
    Nuclear Regulatory Commission under subsection (b), the Board shall
    submit to Congress the report required under subsection (a).
      "(d) Definition. - In this section, the term 'Department of
    Energy defense nuclear facility' has the meaning provided by
    section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g)."

-End-

-CITE-
    42 USC Sec. 2286a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD

-HEAD-
    Sec. 2286a. Functions of Board

-STATUTE-
    (a) In general
      The Board shall perform the following functions:
      (1) Review and evaluation of standards
        The Board shall review and evaluate the content and
      implementation of the standards relating to the design,
      construction, operation, and decommissioning of defense nuclear
      facilities of the Department of Energy (including all applicable
      Department of Energy orders, regulations, and requirements) at
      each Department of Energy defense nuclear facility. The Board
      shall recommend to the Secretary of Energy those specific
      measures that should be adopted to ensure that public health and
      safety are adequately protected. The Board shall include in its
      recommendations necessary changes in the content and
      implementation of such standards, as well as matters on which
      additional data or additional research is needed.
      (2) Investigations
        (A) The Board shall investigate any event or practice at a
      Department of Energy defense nuclear facility which the Board
      determines has adversely affected, or may adversely affect,
      public health and safety.
        (B) The purpose of any Board investigation under subparagraph
      (A) shall be - 
          (i) to determine whether the Secretary of Energy is
        adequately implementing the standards described in paragraph
        (1) of the Department of Energy (including all applicable
        Department of Energy orders, regulations, and requirements) at
        the facility;
          (ii) to ascertain information concerning the circumstances of
        such event or practice and its implications for such standards;
          (iii) to determine whether such event or practice is related
        to other events or practices at other Department of Energy
        defense nuclear facilities; and
          (iv) to provide to the Secretary of Energy such
        recommendations for changes in such standards or the
        implementation of such standards (including Department of
        Energy orders, regulations, and requirements) and such
        recommendations relating to data or research needs as may be
        prudent or necessary.
      (3) Analysis of design and operational data
        The Board shall have access to and may systematically analyze
      design and operational data, including safety analysis reports,
      from any Department of Energy defense nuclear facility.
      (4) Review of facility design and construction
        The Board shall review the design of a new Department of Energy
      defense nuclear facility before construction of such facility
      begins and shall recommend to the Secretary, within a reasonable
      time, such modifications of the design as the Board considers
      necessary to ensure adequate protection of public health and
      safety. During the construction of any such facility, the Board
      shall periodically review and monitor the construction and shall
      submit to the Secretary, within a reasonable time, such
      recommendations relating to the construction of that facility as
      the Board considers necessary to ensure adequate protection of
      public health and safety. An action of the Board, or a failure to
      act, under this paragraph may not delay or prevent the Secretary
      of Energy from carrying out the construction of such a facility.
      (5) Recommendations
        The Board shall make such recommendations to the Secretary of
      Energy with respect to Department of Energy defense nuclear
      facilities, including operations of such facilities, standards,
      and research needs, as the Board determines are necessary to
      ensure adequate protection of public health and safety. In making
      its recommendations the Board shall consider the technical and
      economic feasibility of implementing the recommended measures.
    (b) Excluded functions
      The functions of the Board under this subchapter do not include
    functions relating to the safety of atomic weapons. However, the
    Board shall have access to any information on atomic weapons that
    is within the Department of Energy and is necessary to carry out
    the functions of the Board.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 312, as added Pub. L. 100-
    456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
    2077; amended Pub. L. 102-190, div. C, title XXXII, Sec.
    3202(b)(2), Dec. 5, 1991, 105 Stat. 1582; renumbered title I, Pub.
    L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat.
    2944.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-190 designated existing provisions as subsec.
    (a), inserted heading, and added subsec. (b).

-End-

-CITE-
    42 USC Sec. 2286b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD

-HEAD-
    Sec. 2286b. Powers of Board

-STATUTE-
    (a) Hearings
      (1) The Board or a member authorized by the Board may, for the
    purpose of carrying out this subchapter, hold such hearings and sit
    and act at such times and places, and require, by subpoena or
    otherwise, the attendance and testimony of such witnesses and the
    production of such evidence as the Board or an authorized member
    may find advisable.
      (2)(A) Subpoenas may be issued only under the signature of the
    Chairman or any member of the Board designated by him and shall be
    served by any person designated by the Chairman, any member, or any
    person as otherwise provided by law. The attendance of witnesses
    and the production of evidence may be required from any place in
    the United States at any designated place of hearing in the United
    States.
      (B) Any member of the Board may administer oaths or affirmations
    to witnesses appearing before the Board.
      (C) If a person issued a subpoena under paragraph (1) refuses to
    obey such subpoena or is guilty of contumacy, any court of the
    United States within the judicial district within which the hearing
    is conducted or within the judicial district within which such
    person is found or resides or transacts business may (upon
    application by the Board) order such person to appear before the
    Board to produce evidence or to give testimony relating to the
    matter under investigation. Any failure to obey such order of the
    court may be punished by such court as a contempt of the court.
      (D) The subpoenas of the Board shall be served in the manner
    provided for subpoenas issued by a United States district court
    under the Federal Rules of Civil Procedure for the United States
    district courts.
      (E) All process of any court to which application may be made
    under this section may be served in the judicial district in which
    the person required to be served resides or may be found.
    (b) Staff
      (1) The Board may, for the purpose of performing its
    responsibilities under this subchapter - 
        (A) hire such staff as it considers necessary to perform the
      functions of the Board, including such scientific and technical
      personnel as the Board may determine necessary, but not more than
      the equivalent of 150 full-time employees; and
        (B) procure the temporary and intermittent services of experts
      and consultants to the extent authorized by section 3109(b) of
      title 5 at rates the Board determines to be reasonable.

      (2) The authority and requirements provided in section 2201(d) of
    this title with respect to officers and employees of the Commission
    shall apply with respect to scientific and technical personnel
    hired under paragraph (1)(A).
    (c) Regulations
      The Board may prescribe regulations to carry out the
    responsibilities of the Board under this subchapter.
    (d) Reporting requirements
      The Board may establish reporting requirements for the Secretary
    of Energy which shall be binding upon the Secretary. The
    information which the Board may require the Secretary of Energy to
    report under this subsection may include any information designated
    as classified information, or any information designated as
    safeguards information and protected from disclosure under section
    2167 or 2168 of this title.
    (e) Use of Government facilities, etc.
      The Board may, for the purpose of carrying out its
    responsibilities under this subchapter, use any facility,
    contractor, or employee of any other department or agency of the
    Federal Government with the consent of and under appropriate
    support arrangements with the head of such department or agency
    and, in the case of a contractor, with the consent of the
    contractor.
    (f) Assistance from certain agencies of Federal Government
      With the consent of and under appropriate support arrangements
    with the Nuclear Regulatory Commission, the Board may obtain the
    advice and recommendations of the staff of the Commission on
    matters relating to the Board's responsibilities and may obtain the
    advice and recommendations of the Advisory Committee on Reactor
    Safeguards on such matters.
    (g) Assistance from organizations outside Federal Government
      Notwithstanding any other provision of law relating to the use of
    competitive procedures, the Board may enter into an agreement with
    the National Research Council of the National Academy of Sciences
    or any other appropriate group or organization of experts outside
    the Federal Government chosen by the Board to assist the Board in
    carrying out its responsibilities under this subchapter.
    (h) Resident inspectors
      The Board may assign staff to be stationed at any Department of
    Energy defense nuclear facility to carry out the functions of the
    Board.
    (i) Special studies
      The Board may conduct special studies pertaining to adequate
    protection of public health and safety at any Department of Energy
    defense nuclear facility.
    (j) Evaluation of information
      The Board may evaluate information received from the scientific
    and industrial communities, and from the interested public, with
    respect to - 
        (1) events or practices at any Department of Energy defense
      nuclear facility; or
        (2) suggestions for specific measures to improve the content of
      standards described in section 2286a(1) of this title, the
      implementation of such standards, or research relating to such
      standards at Department of Energy defense nuclear facilities.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 313, as added Pub. L. 100-
    456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
    2079; amended Pub. L. 101-510, div. C, title XXXII, Sec. 3202, Nov.
    5, 1990, 104 Stat. 1844; Pub. L. 102-190, div. C, title XXXII, Sec.
    3202(a), Dec. 5, 1991, 105 Stat. 1582; renumbered title I, Pub. L.
    102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, referred to in subsec.
    (a)(2)(D), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (b)(1)(A). Pub. L. 102-190, Sec. 3202(a)(1),
    substituted "150" for "100".
      Subsec. (g). Pub. L. 102-190, Sec. 3202(a)(2), substituted
    "Notwithstanding any other provision of law relating to the use of
    competitive procedures, the Board may" for "The Board may".
      1990 - Subsec. (b). Pub. L. 101-510 designated existing
    provisions as par. (1), redesignated former pars. (1) and (2) as
    subpars. (A) and (B), respectively, inserted "including such
    scientific and technical personnel as the Board may determine
    necessary," after "Board," in subpar. (A), and added par. (2).

-End-

-CITE-
    42 USC Sec. 2286c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD

-HEAD-
    Sec. 2286c. Responsibilities of Secretary of Energy

-STATUTE-
    (a) Cooperation
      The Secretary of Energy shall fully cooperate with the Board and
    provide the Board with ready access to such facilities, personnel,
    and information as the Board considers necessary to carry out its
    responsibilities under this subchapter. Each contractor operating a
    Department of Energy defense nuclear facility under a contract
    awarded by the Secretary shall, to the extent provided in such
    contract or otherwise with the contractor's consent, fully
    cooperate with the Board and provide the Board with ready access to
    such facilities, personnel, and information of the contractor as
    the Board considers necessary to carry out its responsibilities
    under this subchapter.
    (b) Access to information
      The Secretary of Energy may deny access to information provided
    to the Board to any person who - 
        (1) has not been granted an appropriate security clearance or
      access authorization by the Secretary of Energy; or
        (2) does not need such access in connection with the duties of
      such person.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 314, as added Pub. L. 100-
    456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
    2080; renumbered title I, Pub. L. 102-486, title IX, Sec.
    902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-End-

-CITE-
    42 USC Sec. 2286d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD

-HEAD-
    Sec. 2286d. Board recommendations

-STATUTE-
    (a) Public availability and comment
      Subject to subsections (g) and (h) of this section and after
    receipt by the Secretary of Energy of any recommendations from the
    Board under section 2286a of this title, the Board promptly shall
    make such recommendations available to the public in the Department
    of Energy's regional public reading rooms and shall publish in the
    Federal Register such recommendations and a request for the
    submission to the Board of public comments on such recommendations.
    Interested persons shall have 30 days after the date of the
    publication of such notice in which to submit comments, data,
    views, or arguments to the Board concerning the recommendations.
    (b) Response by Secretary
      (1) The Secretary of Energy shall transmit to the Board, in
    writing, a statement on whether the Secretary accepts or rejects,
    in whole or in part, the recommendations submitted to him by the
    Board under section 2286a of this title, a description of the
    actions to be taken in response to the recommendations, and his
    views on such recommendations. The Secretary of Energy shall
    transmit his response to the Board within 45 days after the date of
    the publication, under subsection (a) of this section, of the
    notice with respect to such recommendations or within such
    additional period, not to exceed 45 days, as the Board may grant.
      (2) At the same time as the Secretary of Energy transmits his
    response to the Board under paragraph (1), the Secretary, subject
    to subsection (h) of this section, shall publish such response,
    together with a request for public comment on his response, in the
    Federal Register.
      (3) Interested persons shall have 30 days after the date of the
    publication of the Secretary of Energy's response in which to
    submit comments, data, views, or arguments to the Board concerning
    the Secretary's response.
      (4) The Board may hold hearings for the purpose of obtaining
    public comments on its recommendations and the Secretary of
    Energy's response.
    (c) Provision of information to Secretary
      The Board shall furnish the Secretary of Energy with copies of
    all comments, data, views, and arguments submitted to it under
    subsection (a) or (b) of this section.
    (d) Final decision
      If the Secretary of Energy, in a response under subsection (b)(1)
    of this section, rejects (in whole or part) any recommendation made
    by the Board under section 2286a of this title, the Board shall
    either reaffirm its original recommendation or make a revised
    recommendation and shall notify the Secretary of its action. Within
    30 days after receiving the notice of the Board's action under this
    subsection, the Secretary shall consider the Board's action and
    make a final decision on whether to implement all or part of the
    Board's recommendations. Subject to subsection (h) of this section,
    the Secretary shall publish the final decision and the reasoning
    for such decision in the Federal Register and shall transmit to the
    Committees on Armed Services and on Appropriations of the Senate
    and to the Speaker of the House of Representatives a written report
    containing that decision and reasoning.
    (e) Implementation plan
      The Secretary of Energy shall prepare a plan for the
    implementation of each Board recommendation, or part of a
    recommendation, that is accepted by the Secretary in his final
    decision. The Secretary shall transmit the implementation plan to
    the Board within 90 days after the date of the publication of the
    Secretary's final decision on such recommendation in the Federal
    Register. The Secretary may have an additional 45 days to transmit
    the plan if the Secretary submits to the Board and to the
    Committees on Armed Services and on Appropriations of the Senate
    and to the Speaker of the House of Representatives a notification
    setting forth the reasons for the delay and describing the actions
    the Secretary is taking to prepare an implementation plan under
    this subsection. The Secretary may implement any such
    recommendation (or part of any such recommendation) before, on, or
    after the date on which the Secretary transmits the implementation
    plan to the Board under this subsection.
    (f) Implementation
      (1) Subject to paragraph (2), not later than one year after the
    date on which the Secretary of Energy transmits an implementation
    plan with respect to a recommendation (or part thereof) under
    subsection (e) of this section, the Secretary shall carry out and
    complete the implementation plan. If complete implementation of the
    plan takes more than 1 year, the Secretary of Energy shall submit a
    report to the Committees on Armed Services and on Appropriations of
    the Senate and to the Speaker of the House of Representatives
    setting forth the reasons for the delay and when implementation
    will be completed.
      (2) If the Secretary of Energy determines that the implementation
    of a Board recommendation (or part thereof) is impracticable
    because of budgetary considerations, or that the implementation
    would affect the Secretary's ability to meet the annual nuclear
    weapons stockpile requirements established pursuant to section 2121
    of this title, the Secretary shall submit to the President, to the
    Committees on Armed Services and on Appropriations of the Senate,
    and to the Speaker of the House of Representatives a report
    containing the recommendation and the Secretary's determination.
    (g) Imminent or severe threat
      (1) In any case in which the Board determines that a
    recommendation submitted to the Secretary of Energy under section
    2286a of this title relates to an imminent or severe threat to
    public health and safety, the Board and the Secretary of Energy
    shall proceed under this subsection in lieu of subsections (a)
    through (d) of this section.
      (2) At the same time that the Board transmits a recommendation
    relating to an imminent or severe threat to the Secretary of
    Energy, the Board shall also transmit the recommendation to the
    President and for information purposes to the Secretary of Defense.
    The Secretary of Energy shall submit his recommendation to the
    President. The President shall review the Secretary of Energy's
    recommendation and shall make the decision concerning acceptance or
    rejection of the Board's recommendation.
      (3) After receipt by the President of the recommendation from the
    Board under this subsection, the Board promptly shall make such
    recommendation available to the public and shall transmit such
    recommendation to the Committees on Armed Services and on
    Appropriations of the Senate and to the Speaker of the House of
    Representatives. The President shall promptly notify such
    committees and the Speaker of his decision and the reasons for that
    decision.
    (h) Limitation
      Notwithstanding any other provision of this section, the
    requirements to make information available to the public under this
    section - 
        (1) shall not apply in the case of information that is
      classified; and
        (2) shall be subject to the orders and regulations issued by
      the Secretary of Energy under sections 2167 and 2168 of this
      title to prohibit dissemination of certain information.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 315, as added Pub. L. 100-
    456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
    2080; renumbered title I, Pub. L. 102-486, title IX, Sec.
    902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-End-

-CITE-
    42 USC Sec. 2286e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD

-HEAD-
    Sec. 2286e. Reports

-STATUTE-
    (a) Board report
      (1) The Board shall submit to the Committees on Armed Services
    and on Appropriations of the Senate and to the Speaker of the House
    of Representatives each year, at the same time that the President
    submits the budget to Congress pursuant to section 1105(a) of title
    31, a written report concerning its activities under this
    subchapter, including all recommendations made by the Board, during
    the year preceding the year in which the report is submitted. The
    Board may also issue periodic unclassified reports on matters
    within the Board's responsibilities.
      (2) The annual report under paragraph (1) shall include an
    assessment of - 
        (A) the improvements in the safety of Department of Energy
      defense nuclear facilities during the period covered by the
      report;
        (B) the improvements in the safety of Department of Energy
      defense nuclear facilities resulting from actions taken by the
      Board or taken on the basis of the activities of the Board; and
        (C) the outstanding safety problems, if any, of Department of
      Energy defense nuclear facilities.
    (b) DOE report
      The Secretary of Energy shall submit to the Committees on Armed
    Services and on Appropriations of the Senate and to the Speaker of
    the House of Representatives each year, at the same time that the
    President submits the budget to Congress pursuant to section
    1105(a) of title 31, a written report concerning the activities of
    the Department of Energy under this subchapter during the year
    preceding the year in which the report is submitted.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 316, as added Pub. L. 100-
    456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
    2082; renumbered title I, Pub. L. 102-486, title IX, Sec.
    902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-MISC1-
                          REPORTING REQUIREMENTS                      
      Section 1441(c), (d) of Pub. L. 100-456 provided that:
      "(c) Requirements for First Annual Report. - (1) Before
    submission of the first annual report by the Defense Nuclear
    Facilities Safety Board under section 316(a) of the Atomic Energy
    Act of 1954 [subsec. (a) of this section] (as added by subsection
    (a)), the Board shall conduct a study on whether nuclear facilities
    of the Department of Energy that are excluded from the definition
    of 'Department of Energy defense nuclear facility' in section
    318(1)(C) of such Act [section 2286g(1)(C) of this title]
    (hereafter in this subsection referred to as 'non-defense nuclear
    facilities') should be subject to independent external oversight.
    The Board shall include in such first annual report the results of
    such study and the recommendation of the Board on whether non-
    defense nuclear facilities should be subject to independent
    external oversight.
      "(2) If the Board recommends in the report that non-defense
    nuclear facilities should be subject to such oversight, the report
    shall include a discussion of alternative mechanisms for
    implementing such oversight, including mechanisms such as a
    separate executive agency and oversight as a part of the Board's
    responsibilities. The discussion of alternative mechanisms of
    oversight also shall include considerations of budgetary costs,
    protection of the security of sensitive nuclear weapons
    information, and the similarities and differences in the design,
    construction, operation, and decommissioning of defense and non-
    defense nuclear facilities of the Department of Energy.
      "(d) Requirements for Fifth Annual Report. - The fifth annual
    report submitted by the Defense Nuclear Facilities Safety Board
    under section 316(a) of the Atomic Energy Act of 1954 [subsec. (a)
    of this section] (as added by subsection (a)) shall include - 
        "(1) an assessment of the degree to which the overall
      administration of the Board's activities are believed to meet the
      objectives of Congress in establishing the Board;
        "(2) recommendations for continuation, termination, or
      modification of the Board's functions and programs, including
      recommendations for transition to some other independent
      oversight arrangement if it is advisable; and
        "(3) recommendations for appropriate transition requirements in
      the event that modifications are recommended."

-End-

-CITE-
    42 USC Sec. 2286f                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD

-HEAD-
    Sec. 2286f. Judicial review

-STATUTE-
      Chapter 7 of title 5 shall apply to the activities of the Board
    under this subchapter.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 317, as added Pub. L. 100-
    456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
    2083; renumbered title I, Pub. L. 102-486, title IX, Sec.
    902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-End-

-CITE-
    42 USC Sec. 2286g                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD

-HEAD-
    Sec. 2286g. "Department of Energy defense nuclear facility" defined

-STATUTE-
      As used in this subchapter, the term "Department of Energy
    defense nuclear facility" means any of the following:
        (1) A production facility or utilization facility (as defined
      in section 2014 of this title) that is under the control or
      jurisdiction of the Secretary of Energy and that is operated for
      national security purposes, but the term does not include - 
          (A) any facility or activity covered by Executive Order No.
        12344, dated February 1, 1982, pertaining to the Naval nuclear
        propulsion program;
          (B) any facility or activity involved with the transportation
        of nuclear explosives or nuclear material;
          (C) any facility that does not conduct atomic energy defense
        activities; or
          (D) any facility owned by the United States Enrichment
        Corporation.

        (2) A nuclear waste storage facility under the control or
      jurisdiction of the Secretary of Energy, but the term does not
      include a facility developed pursuant to the Nuclear Waste Policy
      Act of 1982 (42 U.S.C. 10101 et seq.) and licensed by the Nuclear
      Regulatory Commission.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 318, as added Pub. L. 100-
    456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
    2083; amended Pub. L. 102-190, div. C, title XXXII, Sec.
    3202(b)(1), Dec. 5, 1991, 105 Stat. 1582; renumbered title I and
    amended Pub. L. 102-486, title IX, Sec. 902(a)(7), (8), Oct. 24,
    1992, 106 Stat. 2944.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order No. 12344, referred to in par. (1)(A), is set out
    as a note under section 2511 of Title 50, War and National Defense.
      The Nuclear Waste Policy Act of 1982, referred to in par. (2), is
    Pub. L. 97-425, Jan. 7, 1983, 96 Stat. 2201, as amended, which is
    classified generally to chapter 108 (Sec. 10101 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 10101 of this title and
    Tables.

-MISC1-
                                AMENDMENTS                            
      1992 - Par. (1)(D). Pub. L. 102-486, Sec. 902(a)(7), added
    subpar. (D).
      1991 - Par. (1)(B). Pub. L. 102-190 struck out "with the assembly
    or testing of nuclear explosives or" after "involved".

            REFERENCES TO UNITED STATES ENRICHMENT CORPORATION        
      References to the United States Enrichment Corporation deemed, as
    of the privatization date (July 28, 1998), to be references to the
    private corporation, see section 3116(e) of Pub. L. 104-134, set
    out as a note under former section 2297 of this title.

-End-

-CITE-
    42 USC Sec. 2286h                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD

-HEAD-
    Sec. 2286h. Contract authority subject to appropriations

-STATUTE-
      The authority of the Board to enter into contracts under this
    subchapter is effective only to the extent that appropriations
    (including transfers of appropriations) are provided in advance for
    such purpose.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 319, as added Pub. L. 100-
    456, div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat.
    2083; renumbered title I, Pub. L. 102-486, title IX, Sec.
    902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

-End-

-CITE-
    42 USC Sec. 2286h-1                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD

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

-STATUTE-
      Whenever the Board submits or transmits to the President or the
    Director of the Office of Management and Budget any legislative
    recommendation, or any statement or information in preparation of a
    report to be submitted to the Congress pursuant to section 2286e(a)
    of this title, the Board shall submit at the same time a copy
    thereof to the Congress.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 320, as added Pub. L. 103-
    160, div. C, title XXXII, Sec. 3202(a)(2), Nov. 30, 1993, 107
    Stat. 1959.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 320 of act Aug. 1, 1946, was renumbered section
    321 and is classified to section 2286i of this title.

-End-

-CITE-
    42 USC Sec. 2286i                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVII-A - DEFENSE NUCLEAR FACILITIES SAFETY BOARD

-HEAD-
    Sec. 2286i. Annual authorization of appropriations

-STATUTE-
      Authorizations of appropriations for the Board for fiscal years
    beginning after fiscal year 1989 shall be provided annually in
    authorization Acts.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title I, Sec. 321, formerly Sec. 320, as
    added Pub. L. 100-456, div. A, title XIV, Sec. 1441(a)(1), Sept.
    29, 1988, 102 Stat. 2084; renumbered title I, Pub. L. 102-486,
    title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; renumbered
    Sec. 321, Pub. L. 103-160, div. C, title XXXII, Sec. 3202(a)(1),
    Nov. 30, 1993, 107 Stat. 1959.)

-End-

-CITE-
    42 USC SUBCHAPTER XVIII - EURATOM COOPERATION               01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVIII - EURATOM COOPERATION

-HEAD-
                  SUBCHAPTER XVIII - EURATOM COOPERATION              

-End-

-CITE-
    42 USC Sec. 2291                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVIII - EURATOM COOPERATION

-HEAD-
    Sec. 2291. Definitions

-STATUTE-
      As used in this subchapter - 
      (a) "The Community" means the European Atomic Energy Community
    (EURATOM).
      (b) The "Commission" means the Atomic Energy Commission, as
    established by the Atomic Energy Act of 1954, as amended [42 U.S.C.
    2011 et seq.].
      (c) "Joint program" means the cooperative program established by
    the Community and the United States and carried out in accordance
    with the provisions of an agreement for cooperation entered into
    pursuant to the provisions of section 2153 of this title, to bring
    into operation in the territory of the members of the Community
    powerplants using nuclear reactors of types selected by the
    Commission and the Community, having as a goal a total installed
    capacity of approximately one million kilowatts of electricity by
    December 31, 1963, except that two reactors may be selected to be
    in operation by December 31, 1965.
      (d) All other terms used in this subchapter shall have the same
    meaning as terms described in section 2014 of this title.

-SOURCE-
    (Pub. L. 85-846, Sec. 2, Aug. 28, 1958, 72 Stat. 1084.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Atomic Energy Act of 1954, as amended, referred to in subsec.
    (b), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,
    ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is classified
    generally to this chapter (Sec. 2011 et seq.). For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2011 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the EURATOM Cooperation Act of
    1958 which comprises this subchapter, and not as part of the Atomic
    Energy Act of 1954 which comprises this chapter.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2292                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVIII - EURATOM COOPERATION

-HEAD-
    Sec. 2292. Authorization of appropriations for research and
      development program; authority to enter into contracts; period of
      contracts; equivalent amounts for research and development
      program

-STATUTE-
      There is authorized to be appropriated to the Commission, in
    accordance with the provisions of section 2017(a)(2) of this title,
    the sum of $3,000,000 as an initial authorization for fiscal year
    1959 for use in a cooperative program of research and development
    in connection with the types of reactors selected by the Commission
    and the Community under the joint program. The Commission may enter
    into contracts for such periods as it deems necessary, but in no
    event to exceed five years, for the purpose of conducting the
    research and development program authorized by this section:
    Provided, That the Community authorizes an equivalent amount for
    use in the cooperative program of research and development.

-SOURCE-
    (Pub. L. 85-846, Sec. 3, Aug. 28, 1958, 72 Stat. 1084.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the EURATOM Cooperation Act of
    1958 which comprises this subchapter, and not as part of the Atomic
    Energy Act of 1954 which comprises this chapter.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2293                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVIII - EURATOM COOPERATION

-HEAD-
    Sec. 2293. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 85-846, Sec. 4, Aug. 28, 1958, 72 Stat. 1084;
    Pub. L. 87-206, Sec. 18, Sept. 6, 1961, 75 Stat. 479, related to
    guarantee contracts between the Atomic Energy Commission and
    operators of reactors under the cooperation program which were to
    extend no later than Dec. 31, 1975.

-End-

-CITE-
    42 USC Sec. 2294                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVIII - EURATOM COOPERATION

-HEAD-
    Sec. 2294. Authorization for sale or lease of uranium and
      plutonium; amounts; lien for nonpayment; uranium enrichment
      services

-STATUTE-
      Pursuant to the provisions of section 2074 of this title, there
    is hereby authorized for sale or lease to the Community - 
        an amount of contained uranium 235 which does not exceed that
      necessary to support the fuel cycle of power reactors located
      within the Community having a total installed capacity of thirty-
      five thousand megawatts of electric energy, together with twenty-
      five thousand kilograms of contained uranium 235 for other
      purposes;
        one thousand five hundred kilograms of plutonium; and
        thirty kilograms of uranium 233;

    in accordance with the provisions of an agreement or agreements for
    cooperation between the Government of the United States and the
    Community entered into pursuant to the provisions of section 2153
    of this title: Provided, That the Government of the United States
    obtains the equivalent of a first lien on any such material sold to
    the Community for which payment is not made in full at the time of
    transfer. The Commission may enter into contracts to provide, after
    December 31, 1968, for the producing or enriching of all, or part
    of, the above-mentioned contained uranium 235 pursuant to the
    provisions of section 2201(v)(B) of this title in lieu of sale or
    lease thereof.

-SOURCE-
    (Pub. L. 85-846, Sec. 5, Aug. 28, 1958, 72 Stat. 1085; Pub. L. 87-
    206, Sec. 19, Sept. 6, 1961, 75 Stat. 479; Pub. L. 88-394, Sec. 5,
    Aug. 1, 1964, 78 Stat. 376; Pub. L. 90-190, Sec. 13, Dec. 14, 1967,
    81 Stat. 578; Pub. L. 93-88, Aug. 14, 1973, 87 Stat. 296.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the EURATOM Cooperation Act of
    1958 which comprises this subchapter, and not as part of the Atomic
    Energy Act of 1954 which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1973 - Pub. L. 93-88 substituted "an amount of contained uranium
    235 which does not exceed that necessary to support the fuel cycle
    of power reactors located within the Community having a total
    installed capacity of thirty-five thousand megawatts of electric
    energy, together with twenty-five thousand kilograms of contained
    uranium for other purposes" for "two hundred fifteen thousand
    kilograms of contained uranium 235".
      1967 - Pub. L. 90-190 increased from seventy thousand to two
    hundred fifteen thousand kilograms of contained uranium 235 and
    from five hundred to one thousand five hundred kilograms of
    plutonium respectively the amount of material authorized to be sold
    or leased to the Community, and inserted provision authorizing the
    Commission, after Dec. 31, 1968, to perform uranium enrichment
    services for the Community, pursuant to the provisions of section
    2201(v)(B) of this title, in lieu of the sale or lease of such
    material.
      1964 - Pub. L. 88-394 increased the amount of contained uranium
    235 from thirty thousand kilograms to seventy thousand kilograms,
    and plutonium, from nine kilograms to five hundred kilograms.
      1961 - Pub. L. 87-206 substituted "Nine kilograms" for "One
    kilogram" of plutonium and inserted item reading "Thirty kilograms
    of uranium 233" and "or agreements".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2295                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVIII - EURATOM COOPERATION

-HEAD-
    Sec. 2295. Acquisition of nuclear materials

-STATUTE-
    (a) Authorization; restriction of amounts of plutonium or uranium;
      amount and use of plutonium authorized to be acquired
      The Atomic Energy Commission is authorized to purchase or
    otherwise acquire from the Community special nuclear material or
    any interest therein from reactors constructed under the joint
    program in accordance with the terms of an agreement for
    cooperation entered into pursuant to the provisions of section 2153
    of this title: Provided, That neither plutonium nor uranium 233 nor
    any interest therein shall be acquired under this section in excess
    of the total quantities authorized by law. The Commission is
    authorized to acquire from the Community pursuant to this section
    up to four thousand one hundred kilograms of plutonium for use only
    for peaceful purposes.
    (b) Terms and periods of contracts to acquire plutonium
      Any contract made under the provisions of this section to acquire
    plutonium or any interest therein may be at such prices and for
    such period of time as the Commission may deem necessary: Provided,
    That with respect to plutonium produced in any reactor constructed
    under the joint program, no such contract shall be for a period
    greater than ten years of operation of such reactors or December
    31, 1973 (or December 31, 1975, for not more than two reactors
    selected under section 2291(c) of this title, whichever is earlier:
    And provided further, That no such contract shall provide for
    compensation or the payment of a purchase price in excess of the
    Commission's established price in effect at the time of delivery to
    the Commission for such material as fuel in a nuclear reactor.
    (c) Terms and periods of contracts to acquire uranium
      Any contract made under the provisions of this section to acquire
    uranium enriched in the isotope uranium 235 may be at such price
    and for such period of time as the Commission may deem necessary:
    Provided, That no such contract shall be for a period of time
    extending beyond the terminal date of the agreement for cooperation
    with the Community or provide for the acquisition of uranium
    enriched in the isotope U-235 in excess of the quantities of such
    material that have been distributed to the Community by the
    Commission less the quantity consumed in the nuclear reactors
    involved in the joint program: And provided further, That no such
    contract shall provide for compensation or the payment of a
    purchase price in excess of the Atomic Energy Commission's
    established charges for such material in effect at the time
    delivery is made to the Commission.
    (d) Contracts for purchase of special nuclear materials
      Any contract made under this section for the purchase of special
    nuclear material or any interest therein may be made without regard
    to the provisions of sections 1341, 1342, and 1349-1351 and
    subchapter II of chapter 15 of title 31.
    (e) Certification by Commission
      Any contract made under this section may be made without regard
    to section 5 of title 41, upon certification by the Commission that
    such action is necessary in the interest of the common defense and
    security, or upon a showing by the Commission that advertising is
    not reasonably practicable.

-SOURCE-
    (Pub. L. 85-846, Sec. 6, Aug. 28, 1958, 72 Stat. 1085.)

-COD-
                               CODIFICATION                           
      In subsec. (d), "sections 1341, 1342, and 1349-1351 and
    subchapter II of chapter 15 of title 31" substituted for "section
    3679 of the Revised Statutes, as amended [31 U.S.C. 665]" on
    authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
    1067, the first section of which enacted Title 31, Money and
    Finance.
      Section was enacted as part of the EURATOM Cooperation Act of
    1958 which comprises this subchapter, and not as part of the Atomic
    Energy Act of 1954 which comprises this chapter.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC Sec. 2296                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XVIII - EURATOM COOPERATION

-HEAD-
    Sec. 2296. Nonliability of United States; indemnification

-STATUTE-
      The Government of the United States of America shall not be
    liable for any damages or third party liability arising out of or
    resulting from the joint program: Provided, however, That nothing
    in this section shall deprive any person of any rights under
    section 2210 of this title: And provided further, That nothing in
    this section shall apply to arrangements made by the Commission
    under a research and development program authorized in section 2292
    of this title. The Government of the United States shall take such
    steps as may be necessary, including appropriate disclaimer or
    indemnity arrangements, in order to carry out the provisions of
    this section.

-SOURCE-
    (Pub. L. 85-846, Sec. 7, Aug. 28, 1958, 72 Stat. 1086; Pub. L. 87-
    206, Sec. 20, Sept. 6, 1961, 75 Stat. 479.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the EURATOM Cooperation Act of
    1958 which comprises this subchapter, and not as part of the Atomic
    Energy Act of 1954 which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1961 - Pub. L. 87-206 inserted proviso making provisions of
    section inapplicable to arrangements made by the Commission under a
    research and development program authorized by section 2292 of this
    title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Atomic Energy Commission abolished and functions transferred by
    sections 5814 and 5841 of this title. See also Transfer of
    Functions notes set out under those sections.

-End-

-CITE-
    42 USC SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM
           REVITALIZATION                                  01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION

-HEAD-
        SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION    

-End-

-CITE-
    42 USC Part A - Remedial Action at Active Processing
                     Sites                                 01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
    Part A - Remedial Action at Active Processing Sites

-HEAD-
            PART A - REMEDIAL ACTION AT ACTIVE PROCESSING SITES        

-End-

-CITE-
    42 USC Sec. 2296a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
    Part A - Remedial Action at Active Processing Sites

-HEAD-
    Sec. 2296a. Remedial action program

-STATUTE-
    (a) In general
      Except as provided in subsection (b) of this section, the costs
    of decontamination, decommissioning, reclamation, and other
    remedial action at an active uranium or thorium processing site
    shall be borne by persons licensed under section 2092 or 2111 of
    this title for any activity at such site which results or has
    resulted in the production of byproduct material.
    (b) Reimbursement
      (1) In general
        The Secretary of Energy shall, subject to paragraph (2),
      reimburse at least annually a licensee described in subsection
      (a) of this section for such portion of the costs described in
      such subsection as are - 
          (A) determined by the Secretary to be attributable to
        byproduct material generated as an incident of sales to the
        United States; and
          (B) either - 
            (i) incurred by such licensee not later than December 31,
          2007; or
            (ii) incurred by a licensee after December 31, 2007, in
          accordance with a plan for subsequent decontamination,
          decommissioning, reclamation, and other remedial action
          approved by the Secretary.
      (2) Amount
        (A) To individual active site uranium licensees
          The amount of reimbursement paid to any licensee under
        paragraph (1) shall be determined by the Secretary in
        accordance with regulations issued pursuant to section 2296a-1
        of this title and, for uranium mill tailings only, shall not
        exceed an amount equal to $6.25 multiplied by the dry short
        tons of byproduct material located on October 24, 1992, at the
        site of the activities of such licensee described in subsection
        (a) of this section, and generated as an incident of sales to
        the United States.
        (B) To all active site uranium licensees
          Payments made under paragraph (1) to active site uranium
        licensees shall not in the aggregate exceed $350,000,000.
        (C) To thorium licensees
          Payments made under paragraph (1) to the licensee of the
        active thorium site shall not exceed $365,000,000, and may only
        be made for off-site disposal. Such payments shall not exceed
        the following amounts:
            (i) $90,000,000 in fiscal year 2002.
            (ii) $55,000,000 in fiscal year 2003.
            (iii) $20,000,000 in fiscal year 2004.
            (iv) $20,000,000 in fiscal year 2005.
            (v) $20,000,000 in fiscal year 2006.
            (vi) $20,000,000 in fiscal year 2007.

      Any amounts authorized to be paid in a fiscal year under this
      subparagraph that are not paid in that fiscal year may be paid in
      subsequent fiscal years.
        (D) Inflation escalation index
          The amounts in subparagraphs (A), (B), and (C) of this
        paragraph shall be increased annually based upon an inflation
        index. The Secretary shall determine the appropriate index to
        apply.
        (E) Additional reimbursement
          (i) Determination of excess
            The Secretary shall determine as of December 31, 2008,
          whether the amount authorized to be appropriated pursuant to
          section 2296a-2 of this title, when considered with the $6.25
          per dry short ton limit on reimbursement, exceeds the amount
          reimbursable to the licensees under subsection (b)(2) of this
          section.
          (ii) In the event of excess
            If the Secretary determines under clause (i) that there is
          an excess, the Secretary may allow reimbursement in excess of
          $6.25 per dry short ton on a prorated basis at such sites
          where the costs reimbursable under subsection (b)(1) of this
          section exceed the $6.25 per dry short ton limitation
          described in paragraph (2) of such subsection.
      (3) Byproduct location
        Notwithstanding the requirement of paragraph (2)(A) that
      byproduct material be located at the site on October 24, 1992,
      byproduct material moved from the site of the Edgemont Mill to a
      disposal site as the result of the decontamination,
      decommissioning, reclamation, and other remedial action of such
      mill shall be eligible for reimbursement to the extent eligible
      under paragraph (1).

-SOURCE-
    (Pub. L. 102-486, title X, Sec. 1001, Oct. 24, 1992, 106 Stat.
    2946; Pub. L. 104-259, Sec. 3(a), Oct. 9, 1996, 110 Stat. 3173;
    Pub. L. 105-388, Sec. 11(a), Nov. 13, 1998, 112 Stat. 3484; Pub. L.
    106-317, Sec. 1, Oct. 19, 2000, 114 Stat. 1277; Pub. L. 107-222,
    Sec. 1(a), Aug. 21, 2002, 116 Stat. 1336.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Atomic Energy Act of 1954 which comprises this
    chapter.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (b)(2)(C). Pub. L. 107-222 substituted
    "$365,000,000" for "$140,000,000" and inserted at end "Such
    payments shall not exceed the following amounts:
        "(i) $90,000,000 in fiscal year 2002.
        "(ii) $55,000,000 in fiscal year 2003.
        "(iii) $20,000,000 in fiscal year 2004.
        "(iv) $20,000,000 in fiscal year 2005.
        "(v) $20,000,000 in fiscal year 2006.
        "(vi) $20,000,000 in fiscal year 2007.
    Any amounts authorized to be paid in a fiscal year under this
    subparagraph that are not paid in that fiscal year may be paid in
    subsequent fiscal years."
      2000 - Subsec. (b)(1)(B)(i). Pub. L. 106-317, Sec. 1(1),
    substituted "2007" for "2002".
      Subsec. (b)(1)(B)(ii). Pub. L. 106-317, Sec. 1(2), substituted
    "incurred by a licensee after December 31, 2007," for "placed in
    escrow not later than December 31, 2002,".
      Subsec. (b)(2)(E)(i). Pub. L. 106-317, Sec. 1(3), substituted
    "December 31, 2008" for "July 31, 2005".
      1998 - Subsec. (b)(2)(C). Pub. L. 105-388 substituted
    "$140,000,000" for "$65,000,000".
      1996 - Subsec. (b)(2)(A). Pub. L. 104-259, Sec. 3(a)(1),
    substituted "$6.25" for "$5.50".
      Subsec. (b)(2)(B). Pub. L. 104-259, Sec. 3(a)(2), substituted
    "$350,000,000" for "$270,000,000".
      Subsec. (b)(2)(C). Pub. L. 104-259, Sec. 3(a)(3), substituted
    "$65,000,000" for "$40,000,000".
      Subsec. (b)(2)(E). Pub. L. 104-259, Sec. 3(a)(4), (5),
    substituted "$6.25" for "$5.50" wherever appearing.

-End-

-CITE-
    42 USC Sec. 2296a-1                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
    Part A - Remedial Action at Active Processing Sites

-HEAD-
    Sec. 2296a-1. Regulations

-STATUTE-
      Within 180 days of October 24, 1992, the Secretary shall issue
    regulations governing reimbursement under section 2296a of this
    title. An active uranium or thorium processing site owner shall
    apply for reimbursement hereunder by submitting a request for the
    amount of reimbursement, together with reasonable documentation in
    support thereof, to the Secretary. Any such request for
    reimbursement, supported by reasonable documentation, shall be
    approved by the Secretary and reimbursement therefor shall be made
    in a timely manner subject only to the limitations of section 2296a
    of this title.

-SOURCE-
    (Pub. L. 102-486, title X, Sec. 1002, Oct. 24, 1992, 106 Stat.
    2947.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Atomic Energy Act of 1954 which comprises this
    chapter.

-End-

-CITE-
    42 USC Sec. 2296a-2                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
    Part A - Remedial Action at Active Processing Sites

-HEAD-
    Sec. 2296a-2. Authorization of appropriations

-STATUTE-
    (a) In general
      There is authorized to be appropriated $715,000,000 to carry out
    this part. The aggregate amount authorized in the preceding
    sentence shall be increased annually as provided in section 2296a
    of this title, based upon an inflation index to be determined by
    the Secretary.
    (b) Source
      Funds described in subsection (a) of this section shall be
    provided from the Fund established under section 2297g of this
    title.

-SOURCE-
    (Pub. L. 102-486, title X, Sec. 1003, Oct. 24, 1992, 106 Stat.
    2947; Pub. L. 104-259, Sec. 3(b), Oct. 9, 1996, 110 Stat. 3174;
    Pub. L. 105-388, Sec. 11(b), Nov. 13, 1998, 112 Stat. 3485; Pub. L.
    107-222, Sec. 1(b), Aug. 21, 2002, 116 Stat. 1336.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Atomic Energy Act of 1954 which comprises this
    chapter.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-222 substituted "$715,000,000"
    for "$490,000,000".
      1998 - Subsec. (a). Pub. L. 105-388 substituted "$490,000,000"
    for "$415,000,000".
      1996 - Subsec. (a). Pub. L. 104-259 substituted "$415,000,000"
    for "$310,000,000".

-End-

-CITE-
    42 USC Sec. 2296a-3                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
    Part A - Remedial Action at Active Processing Sites

-HEAD-
    Sec. 2296a-3. Definitions

-STATUTE-
      For purposes of this part:
        (1) The term "active uranium or thorium processing site" means -
       
          (A) any uranium or thorium processing site, including the
        mill, containing byproduct material for which a license (issued
        by the Nuclear Regulatory Commission or its predecessor agency
        under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.],
        or by a State as permitted under section 274 of such Act (42
        U.S.C. 2021)) for the production at such site of any uranium or
        thorium derived from ore - 
            (i) was in effect on January 1, 1978;
            (ii) was issued or renewed after January 1, 1978; or
            (iii) for which an application for renewal or issuance was
          pending on, or after January 1, 1978; and

          (B) any other real property or improvement on such real
        property that is determined by the Secretary or by a State as
        permitted under section 274 of the Atomic Energy Act of 1954
        (42 U.S.C. 2021) to be - 
            (i) in the vicinity of such site; and
            (ii) contaminated with residual byproduct material;

        (2) The term "byproduct material" has the meaning given such
      term in section 11 e. (2) of the Atomic Energy Act of 1954,(!1)
      (42 U.S.C. 2014(e)(2)); and

        (3) The term "decontamination, decommissioning, reclamation,
      and other remedial action" means work performed prior to or
      subsequent to October 24, 1992, which is necessary to comply with
      all applicable requirements of the Uranium Mill Tailings
      Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.), or where
      appropriate, with requirements established by a State that is a
      party to a discontinuance agreement under section 274 of the
      Atomic Energy Act of 1954 (42 U.S.C. 2021).

-SOURCE-
    (Pub. L. 102-486, title X, Sec. 1004, Oct. 24, 1992, 106 Stat.
    2947.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Atomic Energy Act of 1954, referred to in par. (1)(A), is act
    Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,
    Sec. 1, 68 Stat. 921, and amended, which is classified generally to
    this chapter (Sec. 2011 et seq.). For complete classification of
    this Act to the Code, see Short Title note set out under section
    2011 of this title and Tables.
      The Uranium Mill Tailings Radiation Control Act of 1978, referred
    to in par. (3), is Pub. L. 95-604, Nov. 8, 1978, 92 Stat. 3021, as
    amended, which is classified principally to chapter 88 (Sec. 7901
    et seq.) of this title. For complete classification of this act to
    the Code, see Short Title note set out under section 7901 of this
    title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Atomic Energy Act of 1954 which comprises this
    chapter.

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.

-End-

-CITE-
    42 USC Part B - Uranium Revitalization                      01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
    Part B - Uranium Revitalization

-HEAD-
                      PART B - URANIUM REVITALIZATION                  

-End-

-CITE-
    42 USC Sec. 2296b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
    Part B - Uranium Revitalization

-HEAD-
    Sec. 2296b. Overfeed program

-STATUTE-
    (a) Uranium purchases
      To the maximum extent permitted by sound business practice, the
    Corporation shall purchase uranium in accordance with subsection
    (b) of this section and overfeed it into the enrichment process to
    reduce the amount of power required to produce the enriched uranium
    ordered by enrichment services customers, taking into account costs
    associated with depleted tailings.
    (b) Use of domestic uranium
      Uranium purchased by the Corporation for purposes of this section
    shall be of domestic origin and purchased from domestic uranium
    producers to the extent permitted under the multilateral trade
    agreements (as defined in section 3501(4) of title 19) and the
    North American Free Trade Agreement.

-SOURCE-
    (Pub. L. 102-486, title X, Sec. 1011, Oct. 24, 1992, 106 Stat.
    2948; Pub. L. 106-36, title I, Sec. 1002(g)(1), June 25, 1999, 113
    Stat. 133.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Atomic Energy Act of 1954 which comprises this
    chapter.

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (b). Pub. L. 106-36 substituted "multilateral
    trade agreements (as defined in section 3501(4) of title 19) and
    the "North American Free Trade Agreement" for "General Agreement on
    Tariffs and Trade and the United States-Canada Free Trade
    Agreement".

-End-

-CITE-
    42 USC Sec. 2296b-1                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
    Part B - Uranium Revitalization

-HEAD-
    Sec. 2296b-1. National Strategic Uranium Reserve

-STATUTE-
      There is hereby established the National Strategic Uranium
    Reserve under the direction and control of the Secretary. The
    Reserve shall consist of natural uranium and uranium equivalents
    contained in stockpiles or inventories currently held by the United
    States for defense purposes. Effective on October 24, 1992, and for
    6 years thereafter, use of the Reserve shall be restricted to
    military purposes and government research. Use of the Department of
    Energy's stockpile of enrichment tails existing on October 24,
    1992, shall be restricted to military purposes for 6 years
    thereafter.

-SOURCE-
    (Pub. L. 102-486, title X, Sec. 1012, Oct. 24, 1992, 106 Stat.
    2948.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Atomic Energy Act of 1954 which comprises this
    chapter.

-End-

-CITE-
    42 USC Sec. 2296b-2                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
    Part B - Uranium Revitalization

-HEAD-
    Sec. 2296b-2. Sale of remaining DOE inventories

-STATUTE-
      The Secretary, after making the transfer required under section
    2297c-6 (!1) of this title, may sell, from time to time, portions
    of the remaining inventories of raw or low-enriched uranium of the
    Department that are not necessary to national security needs, to
    the Corporation, at a fair market price. Sales under this section
    may be made only if such sales will not have a substantial adverse
    impact on the domestic uranium mining industry. Proceeds from sales
    under this subsection shall be deposited into the general fund of
    the United States Treasury.

-SOURCE-
    (Pub. L. 102-486, title X, Sec. 1013, Oct. 24, 1992, 106 Stat.
    2949.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2297c-6 of this title, referred to in text, was repealed
    by Pub. L. 104-134, title III, Sec. 3116(a)(1), Apr. 26, 1996, 110
    Stat. 1321-349.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Atomic Energy Act of 1954 which comprises this
    chapter.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 2296b-3                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
    Part B - Uranium Revitalization

-HEAD-
    Sec. 2296b-3. Responsibility for the industry

-STATUTE-
    (a) Continuing Secretarial responsibility
      The Secretary shall have a continuing responsibility for the
    domestic uranium industry to encourage the use of domestic uranium.
    The Secretary, in fulfilling this responsibility, shall not use any
    supervisory authority over the Corporation. The Secretary shall
    report annually to the appropriate committees of Congress on action
    taken with respect to the domestic uranium industry, including
    action to promote the export of domestic uranium pursuant to
    subsection (b) of this section.
    (b) Encourage export
      The Department, with the cooperation of the Department of
    Commerce, the United States Trade Representative and other
    governmental organizations, shall encourage the export of domestic
    uranium. Within 180 days after October 24, 1992, the Secretary
    shall develop recommendations and implement government programs to
    promote the export of domestic uranium.

-SOURCE-
    (Pub. L. 102-486, title X, Sec. 1014, Oct. 24, 1992, 106 Stat.
    2949.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Atomic Energy Act of 1954 which comprises this
    chapter.

-End-

-CITE-
    42 USC Sec. 2296b-4                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
    Part B - Uranium Revitalization

-HEAD-
    Sec. 2296b-4. Annual uranium purchase reports

-STATUTE-
    (a) In general
      By January 1 of each year, the owner or operator of any civilian
    nuclear power reactor shall report to the Secretary, acting through
    the Administrator of the Energy Information Administration, for
    activities of the previous fiscal year - 
        (1) the country of origin and the seller of any uranium or
      enriched uranium purchased or imported into the United States
      either directly or indirectly by such owner or operator; and
        (2) the country of origin and the seller of any enrichment
      services purchased by such owner or operator.
    (b) Congressional access
      The information provided to the Secretary pursuant to this
    section shall be made available to the Congress by March 1 of each
    year.

-SOURCE-
    (Pub. L. 102-486, title X, Sec. 1015, Oct. 24, 1992, 106 Stat.
    2949.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Atomic Energy Act of 1954 which comprises this
    chapter.

-End-

-CITE-
    42 USC Sec. 2296b-5                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
    Part B - Uranium Revitalization

-HEAD-
    Sec. 2296b-5. Uranium inventory study

-STATUTE-
      Within 1 year after October 24, 1992, the Secretary shall submit
    to the Congress a study and report that includes - 
        (1) a comprehensive inventory of all Government owned uranium
      or uranium equivalents, including natural uranium, depleted
      tailings, low-enriched uranium, and highly enriched uranium
      available for conversion to commercial use;
        (2) a plan for the conversion of inventories of foreign and
      domestic highly enriched uranium to low-enriched uranium for
      commercial use;
        (3) an estimation of the potential need of the United States
      for inventories of highly enriched uranium;
        (4) an analysis and summary of technological requirements and
      costs associated with converting highly enriched uranium to low-
      enriched uranium, including the construction of facilities if
      necessary;
        (5) an estimation of potential net proceeds from the conversion
      and sale of highly enriched uranium;
        (6) recommendations for implementing a plan to convert highly
      enriched uranium to low-enriched uranium; and
        (7) recommendations for the future use and disposition of such
      inventories.

-SOURCE-
    (Pub. L. 102-486, title X, Sec. 1016, Oct. 24, 1992, 106 Stat.
    2949.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Atomic Energy Act of 1954 which comprises this
    chapter.

-End-

-CITE-
    42 USC Sec. 2296b-6                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
    Part B - Uranium Revitalization

-HEAD-
    Sec. 2296b-6. Regulatory treatment of uranium purchases

-STATUTE-
    (a) Encouragement
      The Secretary shall encourage States and utility regulatory
    authorities to take into consideration the achievement of the
    objectives and purposes of this part, including the national need
    to avoid dependence on imports, when considering whether to allow
    the owner or operator of any electric power plant to recover in its
    rates and charges to customers any cost of purchase of domestic
    uranium, enriched uranium, or enrichment services from a non-
    affiliated seller greater than the cost of non-domestic uranium,
    enriched uranium or enrichment services.
    (b) Report
      Within 1 year after October 24, 1992, and annually thereafter,
    the Secretary shall report to the Congress on the progress of the
    Secretary in encouraging actions by State regulatory authorities
    pursuant to subsection (a) of this section. Such report shall
    include detailed information on programs initiated by the Secretary
    to encourage appropriate State regulatory action and
    recommendations, if any, on further action that could be taken by
    the Secretary, other Federal agencies, or the Congress in order to
    further the purposes of this part.
    (c) Savings provision
      This section may not be construed to authorize the Secretary to
    take any action in violation of the multilateral trade agreements
    (as defined in section 3501(4) of title 19) or the North American
    Free Trade Agreement.

-SOURCE-
    (Pub. L. 102-486, title X, Sec. 1017, Oct. 24, 1992, 106 Stat.
    2950; Pub. L. 106-36, title I, Sec. 1002(g)(2), June 25, 1999, 113
    Stat. 133.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Atomic Energy Act of 1954 which comprises this
    chapter.

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (c). Pub. L. 106-36 substituted "multilateral
    trade agreements (as defined in section 3501(4) of title 19) or the
    North American Free Trade Agreement" for "General Agreement on
    Tariffs and Trade or the United States-Canada Free Trade
    Agreement".

-End-

-CITE-
    42 USC Sec. 2296b-7                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division A - Atomic Energy
    SUBCHAPTER XIX - REMEDIAL ACTION AND URANIUM REVITALIZATION
    Part B - Uranium Revitalization

-HEAD-
    Sec. 2296b-7. Definitions

-STATUTE-
      For purposes of this part:
        (1) The term "Corporation" means the United States Enrichment
      Corporation established under section 2297b (!1) of this title or
      its successor.

        (2) The term "country of origin" means - 
          (A) with respect to uranium, that country where the uranium
        was mined;
          (B) with respect to enriched uranium, that country where the
        uranium was mined and enriched; or
          (C) with respect to enrichment services, that country where
        the enrichment services were performed.

        (3) The term "domestic origin" refers to any uranium that has
      been mined in the United States including uranium recovered from
      uranium deposits in the United States by underground mining, open-
      pit mining, strip mining, in situ recovery, leaching, and ion
      recovery, or recovered from phosphoric acid manufactured in the
      United States.
        (4) The term "domestic uranium producer" means a person or
      entity who produces domestic uranium and who has, to the extent
      required by State and Federal agencies having jurisdiction,
      licenses and permits for the operation, decontamination,
      decommissioning, and reclamation of sites, structures and
      equipment.
        (5) The term "non-affiliated" refers to a seller who does not
      control, and is not controlled by or under common control with,
      the buyer.
        (6) The term "overfeed" means to use uranium in the enrichment
      process in excess of the amount required at the transactional
      tails assay.
        (7) The term "utility regulatory authority" means any State
      agency or Federal agency that has ratemaking authority with
      respect to the sale of electric energy by any electric utility or
      independent power producer. For purposes of this paragraph, the
      terms "electric utility", "State agency", "Federal agency", and
      "ratemaking authority" have the respective meanings given such
      terms in section 2602 of title 16.

-SOURCE-
    (Pub. L. 102-486, title X, Sec. 1018, Oct. 24, 1992, 106 Stat.
    2950; Pub. L. 104-134, title III, Sec. 3117(b), Apr. 26, 1996, 110
    Stat. 1321-350.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2297b of this title, referred to in par. (1), was
    repealed by Pub. L. 104-134, title III, Sec. 3116(a)(1), Apr. 26,
    1996, 110 Stat. 1321-349.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy Act of 1992, and
    not as part of the Atomic Energy Act of 1954 which comprises this
    chapter.

-MISC1-
                                AMENDMENTS                            
      1996 - Par. (1). Pub. L. 104-134 inserted "or its successor"
    before period at end.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Division B - United States Enrichment Corporation    01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation

-HEAD-
             DIVISION B - UNITED STATES ENRICHMENT CORPORATION         

-End-

-CITE-
    42 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-

-CITE-
    42 USC Secs. 2297, 2297a                                    01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Secs. 2297, 2297a. Repealed. Pub. L. 104-134, title III, Sec.
      3116(a)(1), Apr. 26, 1996, 110 Stat. 1321-349

-MISC1-
      Section 2297, act Aug. 1, 1946, ch. 724, title II, Sec. 1201, as
    added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106 Stat.
    2923, defined terms for purposes of this division.
      Section 2297a, act Aug. 1, 1946, ch. 724, title II, Sec. 1202, as
    added Oct. 24, 1992, Pub. L. 102-486, title IX, Sec. 901, 106 Stat.
    2924, related to purposes of United States Enrichment Corporation.

                         EFFECTIVE DATE OF REPEAL                     
      Pub. L. 104-134, title III, Sec. 3116(a)(1), Apr. 26, 1996, 110
    Stat. 1321-349, provided that: "Chapters 22 through 26 of the
    Atomic Energy Act of 1954 (42 U.S.C. 2297-2297e-7) are repealed as
    of the privatization date [July 28, 1998, see 42 U.S.C. 2297h(9)
    for definition of privatization date as date on which 100 percent
    of ownership of United States Enrichment Corporation has been
    transferred to private investors]."

                               SEVERABILITY                           
      Section 904 of title IX of Pub. L. 102-486 provided that: "If any
    provision of this title [see Tables for classification], or the
    amendments made by this title, or the application of any provision
    to any entity, person, or circumstance, is for any reason adjudged
    by a court of competent jurisdiction to be invalid, the remainder
    of this title, and the amendments made by this title, or its
    application shall not be affected."

            REFERENCES TO UNITED STATES ENRICHMENT CORPORATION        
      Pub. L. 104-134, title III, Sec. 3116(e), Apr. 26, 1996, 110
    Stat. 1321-350, provided that: "Following the privatization date
    [July 28, 1998, see Effective Date of Repeal note above], all
    references in the Atomic Energy Act of 1954 [42 U.S.C. 2011 et
    seq.] to the United States Enrichment Corporation shall be deemed
    to be references to the private corporation."

-End-

-CITE-
    42 USC SUBCHAPTER II - ESTABLISHMENT, POWERS, AND
           ORGANIZATION OF CORPORATION                     01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER II - ESTABLISHMENT, POWERS, AND ORGANIZATION OF
                     CORPORATION               

-HEAD-
        SUBCHAPTER II - ESTABLISHMENT, POWERS, AND ORGANIZATION OF
                                CORPORATION

-End-

-CITE-
    42 USC Secs. 2297b to 2297b-15                              01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER II - ESTABLISHMENT, POWERS, AND ORGANIZATION OF
                     CORPORATION               

-HEAD-
    Secs. 2297b to 2297b-15. Repealed. Pub. L. 104-134, title III, Sec.
      3116(a)(1), Apr. 26, 1996, 110 Stat. 1321-349

-MISC1-
      Section 2297b, act Aug. 1, 1946, ch. 724, title II, Sec. 1301, as
    added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106 Stat.
    2925, related to establishment of United States Enrichment
    Corporation.
      Section 2297b-1, act Aug. 1, 1946, ch. 724, title II, Sec. 1302,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2925, related to offices of Corporation and service of
    process.
      Section 2297b-2, act Aug. 1, 1946, ch. 724, title II, Sec. 1303,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2925, related to powers of Corporation.
      Section 2297b-3, act Aug. 1, 1946, ch. 724, title II, Sec. 1304,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2926, related to Board of Directors of Corporation.
      Section 2297b-4, act Aug. 1, 1946, ch. 724, title II, Sec. 1305,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2927, related to employees of Corporation.
      Section 2297b-5, act Aug. 1, 1946, ch. 724, title II, Sec. 1306,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2928, related to independent and Comptroller General audits
    of Corporation's financial statements.
      Section 2297b-6, act Aug. 1, 1946, ch. 724, title II, Sec. 1307,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2929, related to annual reports by Corporation to President
    and Congress.
      Section 2297b-7, act Aug. 1, 1946, ch. 724, title II, Sec. 1308,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2929, related to accounts and transfer of unexpended
    balances.
      Section 2297b-8, act Aug. 1, 1946, ch. 724, title II, Sec. 1309,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2930, related to bonds, notes, and other evidences of
    indebtedness.
      Section 2297b-9, act Aug. 1, 1946, ch. 724, title II, Sec. 1310,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2931, related to exemption from State and local taxes and
    payments in lieu of such taxes.
      Section 2297b-10, act Aug. 1, 1946, ch. 724, title II, Sec. 1311,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2931, related to cooperation with other agencies.
      Section 2297b-11, act Aug. 1, 1946, ch. 724, title II, Sec. 1312,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2932, related to applicability of certain Federal laws.
      Section 2297b-12, act Aug. 1, 1946, ch. 724, title II, Sec. 1313,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2933, related to security of Corporation facilities,
    equipment, etc.
      Section 2297b-13, act Aug. 1, 1946, ch. 724, title II, Sec. 1314,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2933, related to control of information.
      Section 2297b-14, act Aug. 1, 1946, ch. 724, title II, Sec. 1315,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2933, related to governance of Corporation during transition
    period prior to appointment of Board.
      Section 2297b-15, act Aug. 1, 1946, ch. 724, title II, Sec. 1316,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2934, related to establishment of Working Capital Account.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective as of date on which 100 percent of ownership of
    United States Enrichment Corporation has been transferred to
    private investors (July 28, 1998), see section 3116(a)(1) of Pub.
    L. 104-134, set out as a note under former section 2297 of this
    title.

-End-

-CITE-
    42 USC SUBCHAPTER III - RIGHTS, PRIVILEGES, AND ASSETS OF
           CORPORATION                                     01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER III - RIGHTS, PRIVILEGES, AND ASSETS OF CORPORATION

-HEAD-
      SUBCHAPTER III - RIGHTS, PRIVILEGES, AND ASSETS OF CORPORATION  

-End-

-CITE-
    42 USC Secs. 2297c to 2297c-7                               01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER III - RIGHTS, PRIVILEGES, AND ASSETS OF CORPORATION

-HEAD-
    Secs. 2297c to 2297c-7. Repealed. Pub. L. 104-134, title III, Sec.
      3116(a)(1), Apr. 26, 1996, 110 Stat. 1321-349

-MISC1-
      Section 2297c, act Aug. 1, 1946, ch. 724, title II, Sec. 1401, as
    added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106 Stat.
    2934; amended Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29,
    1992, 106 Stat. 4516, related to marketing and contracting
    authority of United States Enrichment Corporation.
      Section 2297c-1, act Aug. 1, 1946, ch. 724, title II, Sec. 1402,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2934, related to Corporation pricing policy for Department of
    Energy and other customers.
      Section 2297c-2, act Aug. 1, 1946, ch. 724, title II, Sec. 1403,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2935, related to leasing of gaseous diffusion facilities of
    Department of Energy.
      Section 2297c-3, act Aug. 1, 1946, ch. 724, title II, Sec. 1404,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2935, related to capital structure of Corporation.
      Section 2297c-4, act Aug. 1, 1946, ch. 724, title II, Sec. 1405,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2936, authorized Corporation to apply for licenses for use of
    patented inventions and discoveries.
      Section 2297c-5, act Aug. 1, 1946, ch. 724, title II, Sec. 1406,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2936, related to liability for acts committed before and
    after transition date.
      Section 2297c-6, act Aug. 1, 1946, ch. 724, title II, Sec. 1407,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2937, related to transfer of uranium inventories to
    Corporation.
      Section 2297c-7, act Aug. 1, 1946, ch. 724, title II, Sec. 1408,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2937, related to purchase of highly enriched uranium from
    former Soviet Union.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective as of date on which 100 percent of ownership of
    United States Enrichment Corporation has been transferred to
    private investors (July 28, 1998), see section 3116(a)(1) of Pub.
    L. 104-134, set out as a note under former section 2297 of this
    title.

-End-

-CITE-
    42 USC SUBCHAPTER IV - PRIVATIZATION OF CORPORATION         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER IV - PRIVATIZATION OF CORPORATION

-HEAD-
               SUBCHAPTER IV - PRIVATIZATION OF CORPORATION           

-End-

-CITE-
    42 USC Secs. 2297d, 2297d-1                                 01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER IV - PRIVATIZATION OF CORPORATION

-HEAD-
    Secs. 2297d, 2297d-1. Repealed. Pub. L. 104-134, title III, Sec.
      3116(a)(1), Apr. 26, 1996, 110 Stat. 1321-349

-MISC1-
      Section 2297d, act Aug. 1, 1946, ch. 724, title II, Sec. 1501, as
    added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106 Stat.
    2937, related to strategic plan for privatization of United States
    Enrichment Corporation.
      Section 2297d-1, act Aug. 1, 1946, ch. 724, title II, Sec. 1502,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2938, related to implementation of privatization plan of
    Corporation.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective as of date on which 100 percent of ownership of
    United States Enrichment Corporation has been transferred to
    private investors (July 28, 1998), see section 3116(a)(1) of Pub.
    L. 104-134, set out as a note under former section 2297 of this
    title.

-End-

-CITE-
    42 USC SUBCHAPTER V - AVLIS AND ALTERNATIVE TECHNOLOGIES
           FOR URANIUM ENRICHMENT                          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER V - AVLIS AND ALTERNATIVE TECHNOLOGIES FOR URANIUM
                    ENRICHMENT                  

-HEAD-
       SUBCHAPTER V - AVLIS AND ALTERNATIVE TECHNOLOGIES FOR URANIUM
                                ENRICHMENT

-End-

-CITE-
    42 USC Secs. 2297e to 2297e-7                               01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER V - AVLIS AND ALTERNATIVE TECHNOLOGIES FOR URANIUM
                    ENRICHMENT                  

-HEAD-
    Secs. 2297e to 2297e-7. Repealed. Pub. L. 104-134, title III, Sec.
      3116(a)(1), Apr. 26, 1996, 110 Stat. 1321-349

-MISC1-
      Section 2297e, act Aug. 1, 1946, ch. 724, title II, Sec. 1601, as
    added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106 Stat.
    2939, related to assessment by United States Enrichment Corporation
    of viability of commercialization of AVLIS (atomic vapor laser
    isotope separation technology) and alternative uranium enrichment
    technologies.
      Section 2297e-1, act Aug. 1, 1946, ch. 724, title II, Sec. 1602,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2939, related to transfer of rights and property to
    Corporation.
      Section 2297e-2, act Aug. 1, 1946, ch. 724, title II, Sec. 1603,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2940, related to predeployment activities by Corporation.
      Section 2297e-3, act Aug. 1, 1946, ch. 724, title II, Sec. 1604,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2940; amended Pub. L. 102-572, title IX, Sec. 902(b)(2), Oct.
    29, 1992, 106 Stat. 4516, related to Corporation sponsorship of
    private for-profit corporation to construct AVLIS and alternative
    technologies.
      Section 2297e-4, act Aug. 1, 1946, ch. 724, title II, Sec. 1605,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2942, related to AVLIS Commercialization Fund within
    Corporation.
      Section 2297e-5, act Aug. 1, 1946, ch. 724, title II, Sec. 1606,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2942, related to Department research and development
    assistance.
      Section 2297e-6, act Aug. 1, 1946, ch. 724, title II, Sec. 1607,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2942, related to site selection.
      Section 2297e-7, act Aug. 1, 1946, ch. 724, title II, Sec. 1608,
    as added Pub. L. 102-486, title IX, Sec. 901, Oct. 24, 1992, 106
    Stat. 2942, related to exclusion from Price-Anderson coverage.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective as of date on which 100 percent of ownership of
    United States Enrichment Corporation has been transferred to
    private investors (July 28, 1998), see section 3116(a)(1) of Pub.
    L. 104-134, set out as a note under former section 2297 of this
    title.

-End-

-CITE-
    42 USC SUBCHAPTER VI - LICENSING AND REGULATION OF
           URANIUM ENRICHMENT FACILITIES                   01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VI - LICENSING AND REGULATION OF URANIUM ENRICHMENT
                     FACILITIES                

-HEAD-
      SUBCHAPTER VI - LICENSING AND REGULATION OF URANIUM ENRICHMENT
                                FACILITIES

-End-

-CITE-
    42 USC Sec. 2297f                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VI - LICENSING AND REGULATION OF URANIUM ENRICHMENT
                     FACILITIES                

-HEAD-
    Sec. 2297f. Gaseous diffusion facilities

-STATUTE-
    (a) Issuance of standards
      Within 2 years after October 24, 1992, the Nuclear Regulatory
    Commission shall establish by regulation such standards as are
    necessary to govern the gaseous diffusion uranium enrichment
    facilities of the Department in order to protect the public health
    and safety from radiological hazard and provide for the common
    defense and security. Regulations promulgated pursuant to this
    subsection shall, among other things, require that adequate
    safeguards (within the meaning of section 2167 of this title) are
    in place.
    (b) Annual report
      (1) In general
        Not later than the date on which a certificate of compliance is
      issued under subsection (c) of this section, the Nuclear
      Regulatory Commission, in consultation with the Department and
      the Environmental Protection Agency, shall report to the Congress
      on the status of health, safety, and environmental conditions at
      the gaseous diffusion uranium enrichment facilities of the
      Department.
      (2) Required determination
        Such report shall include a determination regarding whether the
      gaseous diffusion uranium enrichment facilities of the Department
      are in compliance with the standards established under subsection
      (a) of this section and all applicable laws.
    (c) Certification process
      (1) Establishment
        The Nuclear Regulatory Commission shall establish a
      certification process to ensure that the Corporation complies
      with standards established under subsection (a) of this section.
      (2) Periodic application for certificate of compliance
        The Corporation shall apply to the Nuclear Regulatory
      Commission for a certificate of compliance under paragraph (1)
      periodically, as determined by the Commission, but not less than
      every 5 years. The Commission shall review any such application
      and any determination made under subsection (b)(2) of this
      section shall be based on the results of any such review.
      (3) Treatment of certificate of compliance
        The requirement for a certificate of compliance under paragraph
      (1) shall be in lieu of any requirement for a license for any
      gaseous diffusion facility of the Department leased by the
      Corporation.
      (4) NRC review
        (A) In general
          The Nuclear Regulatory Commission, in consultation with the
        Environmental Protection Agency, shall review the operations of
        the Corporation with respect to any gaseous diffusion uranium
        enrichment facilities of the Department leased by the
        Corporation to ensure that public health and safety are
        adequately protected.
        (B) Access to facilities and information
          The Corporation and the Department shall cooperate fully with
        the Nuclear Regulatory Commission and the Environmental
        Protection Agency and shall provide the Nuclear Regulatory
        Commission and the Environmental Protection Agency with the
        ready access to the facilities, personnel, and information the
        Nuclear Regulatory Commission and the Environmental Protection
        Agency consider necessary to carry out their responsibilities
        under this subsection. A contractor operating a Corporation
        facility for the Corporation shall provide the Nuclear
        Regulatory Commission and the Environmental Protection Agency
        with ready access to the facilities, personnel, and information
        of the contractor as the Nuclear Regulatory Commission and the
        Environmental Protection Agency consider necessary to carry out
        their responsibilities under this subsection.
        (C) Limitation
          The Nuclear Regulatory Commission shall limit its finding
        under subsection (b)(2) of this section to a determination of
        whether the facilities are in compliance with the standards
        established under subsection (a) of this section.
    (d) Requirement for operation
      The gaseous diffusion uranium enrichment facilities of the
    Department may not be operated by the Corporation unless the
    Nuclear Regulatory Commission, in consultation with the
    Environmental Protection Agency, makes a determination of
    compliance under subsection (b) of this section or approves a plan
    prepared by the Department for achieving compliance required under
    subsection (b) of this section.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title II, Sec. 1701, as added Pub. L. 102-
    486, title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2951; amended
    Pub. L. 104-134, title III, Sec. 3116(b)(3), Apr. 26, 1996, 110
    Stat. 1321-349; Pub. L. 105-362, title XII, Sec. 1202, Nov. 10,
    1998, 112 Stat. 3292.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (b)(1). Pub. L. 105-362 substituted "Not later
    than the date on which a certificate of compliance is issued under
    subsection (c) of this section, the Nuclear" for "The Nuclear" and
    struck out "at least annually" after "report".
      1996 - Subsec. (c)(2). Pub. L. 104-134 amended heading and text
    of par. (2) generally. Prior to amendment, text read as follows:
    "The Corporation shall apply at least annually to the Nuclear
    Regulatory Commission for a certificate of compliance under
    paragraph (1). The Nuclear Regulatory Commission, in consultation
    with the Environmental Protection Agency, shall review any such
    application and any determination made under subsection (b)(2) of
    this section shall be based on the results of any such review."

            REFERENCES TO UNITED STATES ENRICHMENT CORPORATION        
      References to the Corporation, meaning the United States
    Enrichment Corporation, deemed, as of the privatization date (July
    28, 1998), to be references to the private corporation, see section
    3116(e) of Pub. L. 104-134, set out as a note under former section
    2297 of this title.

-End-

-CITE-
    42 USC Sec. 2297f-1                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VI - LICENSING AND REGULATION OF URANIUM ENRICHMENT
                     FACILITIES                

-HEAD-
    Sec. 2297f-1. Licensing of other technologies

-STATUTE-
    (a) In general
      Corporation facilities using alternative technologies for uranium
    enrichment, including AVLIS, shall be licensed under sections 2073,
    2093, and 2243 of this title.
    (b) Costs for decontamination and decommissioning
      The Corporation shall provide for the costs of decontamination
    and decommissioning of any Corporation facilities described in
    subsection (a) of this section in accordance with the requirements
    of the amendments made by section 5 of the Solar, Wind, Waste, and
    Geothermal Power Production Act of 1990.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title II, Sec. 1702, as added Pub. L. 102-
    486, title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2953; amended
    Pub. L. 104-134, title III, Sec. 3116(b)(4), Apr. 26, 1996, 110
    Stat. 1321-349.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5 of the Solar, Wind, Waste, and Geothermal Power
    Production Act of 1990, referred to in subsec. (b), is section 5 of
    Pub. L. 101-575, Nov. 15, 1990, 104 Stat. 2835, which enacted
    section 2243 of this title and amended sections 2014, 2061, 2201,
    and 2284 of this title.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-134 substituted "including" for
    "other than" and "sections 2073, 2093, and 2243" for "sections 2073
    and 2093".

            REFERENCES TO UNITED STATES ENRICHMENT CORPORATION        
      References to the Corporation, meaning the United States
    Enrichment Corporation, deemed, as of the privatization date (July
    28, 1998), to be references to the private corporation, see section
    3116(e) of Pub. L. 104-134, set out as a note under former section
    2297 of this title.

-End-

-CITE-
    42 USC Sec. 2297f-2                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VI - LICENSING AND REGULATION OF URANIUM ENRICHMENT
                     FACILITIES                

-HEAD-
    Sec. 2297f-2. Regulation of Restricted Data

-STATUTE-
      The Corporation shall be subject to this chapter with respect to
    the use of, or access to, Restricted Data to the same extent as any
    private corporation.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title II, Sec. 1703, as added Pub. L. 102-
    486, title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2953.)

-MISC1-
            REFERENCES TO UNITED STATES ENRICHMENT CORPORATION        
      References to the Corporation, meaning the United States
    Enrichment Corporation, deemed, as of the privatization date (July
    28, 1998), to be references to the private corporation, see section
    3116(e) of Pub. L. 104-134, set out as a note under former section
    2297 of this title.

-End-

-CITE-
    42 USC SUBCHAPTER VII - DECONTAMINATION AND
           DECOMMISSIONING                                 01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING

-HEAD-
           SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING       

-End-

-CITE-
    42 USC Sec. 2297g                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING

-HEAD-
    Sec. 2297g. Uranium Enrichment Decontamination and Decommissioning
      Fund

-STATUTE-
    (a) Establishment
      There is established in the Treasury of the United States an
    account to be known as the Uranium Enrichment Decontamination and
    Decommissioning Fund (referred to in this subchapter as the
    "Fund"). The Fund, and any amounts deposited in it, including any
    interest earned thereon, shall be available to the Secretary
    subject to appropriations for the exclusive purpose of carrying out
    this subchapter.
    (b) Administration
      (1) In general
        The Secretary of the Treasury shall hold the Fund and, after
      consultation with the Secretary, annually report to the Congress
      on the financial condition and operations of the Fund during the
      preceding fiscal year.
      (2) Investments
        The Secretary of the Treasury shall invest amounts contained
      within the Fund in obligations of the United States - 
          (A) having maturities determined by the Secretary of the
        Treasury to be appropriate for what the Department determines
        to be the needs of the Fund; and
          (B) bearing interest at rates determined to be appropriate by
        the Secretary of the Treasury, taking into consideration the
        current average market yield on outstanding marketable
        obligations of the United States with remaining periods to
        maturity comparable to these obligations.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title II, Sec. 1801, as added Pub. L. 102-
    486, title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2953.)

-End-

-CITE-
    42 USC Sec. 2297g-1                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING

-HEAD-
    Sec. 2297g-1. Deposits

-STATUTE-
    (a) Amount
      The Fund shall consist of deposits in the amount of $518,233,333
    per fiscal year (to be annually adjusted for inflation beginning on
    October 24, 1992, using the Consumer Price Index for all-urban
    consumers published by the Department of Labor) as provided in this
    section.
    (b) Source
      Deposits described in subsection (a) of this section shall be
    from the following sources:
        (1) Sums collected pursuant to subsection (c) of this section.
        (2) Appropriations made pursuant to subsection (d) of this
      section.
    (c) Special assessment
      The Secretary shall collect a special assessment from domestic
    utilities. The total amount collected for a fiscal year shall not
    exceed $150,000,000 (to be annually adjusted for inflation using
    the Consumer Price Index for all-urban consumers published by the
    Department of Labor). The amount collected from each utility
    pursuant to this subsection for a fiscal year shall be in the same
    ratio to the amount required under subsection (a) of this section
    to be deposited for such fiscal year as the total amount of
    separative work units such utility has purchased from the
    Department of Energy for the purpose of commercial electricity
    generation, before October 24, 1992, bears to the total amount of
    separative work units purchased from the Department of Energy for
    all purposes (including units purchased or produced for defense
    purposes) before October 24, 1992. For purposes of this subsection -
     
        (1) a utility shall be considered to have purchased a
      separative work unit from the Department if such separative work
      unit was produced by the Department, but purchased by the utility
      from another source; and
        (2) a utility shall not be considered to have purchased a
      separative work unit from the Department if such separative work
      unit was purchased by the utility, but sold to another source.
    (d) Authorization of appropriations
      There are authorized to be appropriated to the Fund, for the
    period encompassing 15 years after October 24, 1992, such sums as
    are necessary to ensure that the amount required under subsection
    (a) of this section is deposited for each fiscal year.
    (e) Termination of assessments
      The collection of amounts under subsection (c) of this section
    shall cease after the earlier of - 
        (1) 15 years after October 24, 1992; or
        (2) the collection of $2,250,000,000 (to be annually adjusted
      for inflation using the Consumer Price Index for all-urban
      consumers published by the Department of Labor) under such
      subsection.
    (f) Continuation of deposits
      Except as provided in subsection (e) of this section, deposits
    shall continue to be made into the Fund under subsection (d) of
    this section for the period specified in such subsection.
    (g) Treatment of assessment
      Any special assessment levied under this section on domestic
    utilities for the decontamination and decommissioning of the
    Department's gaseous diffusion enrichment facilities shall be
    deemed a necessary and reasonable current cost of fuel and shall be
    fully recoverable in rates in all jurisdictions in the same manner
    as the utility's other fuel cost.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title II, Sec. 1802, as added Pub. L. 102-
    486, title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2953; amended
    Pub. L. 105-388, Sec. 11(c), Nov. 13, 1998, 112 Stat. 3485; Pub. L.
    107-222, Sec. 1(c), Aug. 21, 2002, 116 Stat. 1336.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-222 substituted "$518,233,333"
    for "$488,333,333" and inserted "beginning on October 24, 1992,"
    after "inflation".
      1998 - Subsec. (a). Pub. L. 105-388 substituted "$488,333,333"
    for "$480,000,000".

-End-

-CITE-
    42 USC Sec. 2297g-2                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING

-HEAD-
    Sec. 2297g-2. Department facilities

-STATUTE-
    (a) Study by National Academy of Sciences
      The National Academy of Sciences shall conduct a study and
    provide recommendations for reducing costs associated with
    decontamination and decommissioning, and shall report its findings
    to the Congress within 3 years after October 24, 1992. Such report
    shall include a determination of the decontamination and
    decommissioning required for each facility, shall identify
    alternative methods, using different technologies, shall include
    site-specific surveys of the actual contamination, and shall
    provide estimated costs of those activities.
    (b) Payment of decontamination and decommissioning costs
      The costs of all decontamination and decommissioning activities
    of the Department shall be paid from the Fund until such time as
    the Secretary certifies and the Congress concurs, by law, that such
    activities are complete.
    (c) Payment of remedial action costs
      The annual cost of remedial action at the Department's gaseous
    diffusion facilities shall be paid from the Fund to the extent the
    amount available in the Fund is sufficient. To the extent the
    amount in the Fund is insufficient, the Department shall be
    responsible for the cost of remedial action. No provision of this
    division may be construed to relieve in any way the responsibility
    or liability of the Department for remedial action under applicable
    Federal and State laws and regulations.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title II, Sec. 1803, as added Pub. L. 102-
    486, title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2954.)

-End-

-CITE-
    42 USC Sec. 2297g-3                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING

-HEAD-
    Sec. 2297g-3. Employee provisions

-STATUTE-
      All laborers and mechanics employed by contractors or
    subcontractors in the performance of decontamination or
    decommissioning of uranium enrichment facilities of the Department
    shall be paid wages at rates not less than those prevailing on
    projects of a similar character in the locality as determined by
    the Secretary of Labor in accordance with sections 3141-3144, 3146,
    and 3147 of title 40. The Secretary of Labor shall have, with
    respect to the labor standards specified in this section, the
    authority and functions set forth in Reorganization Plan Numbered
    14 of 1950 (15 F.R. 3176, 64 Stat. 1267) and section 3145 of title
    40. This section may not be construed to require the contracting
    out of activities associated with the decontamination or
    decommissioning of uranium enrichment facilities.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title II, Sec. 1804, as added Pub. L. 102-
    486, title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2955.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Reorganization Plan Numbered 14 of 1950, referred to in text, is
    set out in the Appendix to Title 5, Government Organization and
    Employees.

-COD-
                               CODIFICATION                           
      In text, "sections 3141-3144, 3146, and 3147 of title 40"
    substituted for "the Act of March 3, 1931 (known as the Davis-Bacon
    Act) (40 U.S.C. 276a et seq.)" and "section 3145 of title 40"
    substituted for "the Act of June 13, 1934 (40 U.S.C. 276c)", on
    authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.
    1303, the first section of which enacted Title 40, Public
    Buildings, Property, and Works.

-End-

-CITE-
    42 USC Sec. 2297g-4                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VII - DECONTAMINATION AND DECOMMISSIONING

-HEAD-
    Sec. 2297g-4. Reports to Congress

-STATUTE-
      Within 3 years after October 24, 1992, and at least once every 3
    years thereafter, the Secretary shall report to the Congress on
    progress under this subchapter. The 5th report submitted under this
    section shall contain recommendations of the Secretary for the
    reauthorization of the program and Fund under this division.

-SOURCE-
    (Aug. 1, 1946, ch. 724, title II, Sec. 1805, as added Pub. L. 102-
    486, title XI, Sec. 1101, Oct. 24, 1992, 106 Stat. 2955.)

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under this section is listed in item 7 on
    page 83), see section 3003 of Pub. L. 104-66, as amended, set out
    as a note under section 1113 of Title 31, Money and Finance.

-End-

-CITE-
    42 USC SUBCHAPTER VIII - UNITED STATES ENRICHMENT
           CORPORATION PRIVATIZATION                       01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

-HEAD-
          SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION
                               PRIVATIZATION

-End-

-CITE-
    42 USC Sec. 2297h                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

-HEAD-
    Sec. 2297h. Definitions

-STATUTE-
      For purposes of this subchapter:
        (1) The term "AVLIS" means atomic vapor laser isotope
      separation technology.
        (2) The term "Corporation" means the United States Enrichment
      Corporation and, unless the context otherwise requires, includes
      the private corporation and any successor thereto following
      privatization.
        (3) The term "gaseous diffusion plants" means the Paducah
      Gaseous Diffusion Plant at Paducah, Kentucky and the Portsmouth
      Gaseous Diffusion Plant at Piketon, Ohio.
        (4) The term "highly enriched uranium" means uranium enriched
      to 20 percent or more of the uranium-235 isotope.
        (5) The term "low-enriched uranium" means uranium enriched to
      less than 20 percent of the uranium-235 isotope, including that
      which is derived from highly enriched uranium.
        (6) The term "low-level radioactive waste" has the meaning
      given such term in section 2021b(9) of this title.
        (7) The term "private corporation" means the corporation
      established under section 2297h-3 of this title.
        (8) The term "privatization" means the transfer of ownership of
      the Corporation to private investors.
        (9) The term "privatization date" means the date on which 100
      percent of the ownership of the Corporation has been transferred
      to private investors.
        (10) The term "public offering" means an underwritten offering
      to the public of the common stock of the private corporation
      pursuant to section 2297h-2 of this title.
        (11) The "Russian HEU Agreement" means the Agreement Between
      the Government of the United States of America and the Government
      of the Russian Federation Concerning the Disposition of Highly
      Enriched Uranium Extracted from Nuclear Weapons, dated February
      18, 1993.
        (12) The term "Secretary" means the Secretary of Energy.
        (13) The "Suspension Agreement" means the Agreement to Suspend
      the Antidumping Investigation on Uranium from the Russian
      Federation, as amended.
        (14) The term "uranium enrichment" means the separation of
      uranium of a given isotopic content into 2 components, 1 having a
      higher percentage of a fissile isotope and 1 having a lower
      percentage.

-SOURCE-
    (Pub. L. 104-134, title III, Sec. 3102, Apr. 26, 1996, 110 Stat.
    1321-335.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, means subchapter A of
    chapter 1 of title III of Pub. L. 104-134, Apr. 26, 1996, 110 Stat.
    1321-335, known as the USEC Privatization Act, which is classified
    principally to this subchapter. For complete classification of
    subchapter A to the Code, see Short Title of 1996 Amendment note
    set out under section 2011 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the USEC Privatization Act and
    also as part of the Omnibus Consolidated Rescissions and
    Appropriations Act of 1996, and not as part of the Atomic Energy
    Act of 1954 which comprises this chapter.

-EXEC-
    EX. ORD. NO. 13085. ESTABLISHMENT OF ENRICHMENT OVERSIGHT COMMITTEE
      Ex. Ord. No. 13085, May 26, 1998, 63 F.R. 29335, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to
    further the national security and other interests of the United
    States with regard to uranium enrichment and related businesses
    after the privatization of the United States Enrichment Corporation
    (USEC), it is ordered as follows:
      Section 1. Establishment. There is hereby established an
    Enrichment Oversight Committee (EOC).
      Sec. 2. Objectives. The EOC shall monitor and coordinate United
    States Government efforts with respect to the privatized USEC and
    any successor entities involved in uranium enrichment and related
    businesses in furtherance of the following objectives:
      (a) The full implementation of the Agreement Between the
    Government of the United States of America and the Government of
    the Russian Federation Concerning the Disposition of Highly
    Enriched Uranium (HEU) Extracted from Nuclear Weapons, dated
    February 18, 1993 ("HEU Agreement"), and related contracts and
    agreements by the USEC as executive agent or by any other executive
    agents;
      (b) The application of statutory, regulatory, and contractual
    restrictions on foreign ownership, control, or influence in the
    USEC, any successor entities, and any other executive agents;
      (c) The development and implementation of United States
    Government policy regarding uranium enrichment and related
    technologies, processes, and data; and
      (d) The collection and dissemination of information relevant to
    any of the foregoing on an ongoing basis, including from the
    Central Intelligence Agency and the Federal Bureau of
    Investigation.
      Sec. 3. Organization. (a) The EOC shall be Chaired by a senior
    official from the National Security Council (NSC). The Chair shall
    coordinate the carrying out of the purposes and policy objectives
    of this order. The EOC shall meet as often as appropriate, but at
    least quarterly, and shall submit reports to the Assistant to the
    President for National Security Affairs semiannually, or more
    frequently as appropriate. The EOC shall prepare annually the
    report for the President's transmittal to the Congress pursuant to
    section 3112 of the USEC Privatization Act, Public Law 104-134,
    title III, 3112(b)(10), 110 Stat. 1321-344, 1321-346 (1996) [42
    U.S.C. 2297h-10(b)(10)].
      (b) The EOC shall consist of representatives from the Departments
    of State, the Treasury, Defense, Justice, Commerce, Energy, and the
    Office of Management and Budget, the NSC, the National Economic
    Council, the Council of Economic Advisers, and the Intelligence
    Community. The EOC shall formulate internal guidelines for its
    operations, including guidelines for convening meetings.
      (c) The EOC shall coordinate sharing of information and provide
    direction, while operational responsibilities resulting from the
    EOC's oversight activities will rest with EOC member agencies.
      (d) At the request of the EOC, appropriate agencies, including
    the Department of Energy, shall provide day-to-day support for the
    EOC.
      Sec. 4. HEU Agreement Oversight. The EOC shall form an HEU
    Agreement Oversight Subcommittee (the "Subcommittee") in order to
    continue coordination of the implementation of the HEU Agreement
    and related contracts and agreements, monitor actions taken by the
    executive agent, and make recommendations regarding steps designed
    to facilitate full implementation of the HEU Agreement, including
    changes with respect to the executive agent. The Subcommittee shall
    be chaired by a senior official from the NSC and shall include
    representatives of the Departments of State, Defense, Justice,
    Commerce, and Energy, and the Office of Management and Budget, the
    National Economic Council, the Intelligence Community, and, as
    appropriate, the United States Trade Representative, and the
    Council of Economic Advisers. The Subcommittee shall meet as
    appropriate to review the implementation of the HEU Agreement and
    consider steps to facilitate full implementation of that Agreement.
    In particular, the Subcommittee shall:
      (a) have access to all information concerning implementation of
    the HEU Agreement and related contracts and agreements;
      (b) monitor negotiations between the executive agent or agents
    and Russian authorities on implementation of the HEU Agreement,
    including the proposals of both sides on delivery schedules and on
    price;
      (c) monitor sales of the natural uranium component of low-
    enriched uranium derived from Russian HEU pursuant to applicable
    law;
      (d) establish procedures for designating alternative executive
    agents to implement the HEU Agreement;
      (e) coordinate policies and procedures regarding the full
    implementation of the HEU purchase agreement and related contracts
    and agreements, consistent with applicable law; and
      (f) coordinate the position of the United States Government on
    any issues that arise in the implementation of the Memorandum of
    Agreement with the USEC for the USEC to serve as the United States
    Government Executive Agent under the HEU Agreement.
      Sec. 5. Foreign Ownership, Control, or Influence (FOCI). The EOC
    shall collect information and monitor issues relating to foreign
    ownership, control, or influence of the USEC or any successor
    entities. Specifically, the EOC shall:
      (a) monitor the application and enforcement of the FOCI
    requirements of the National Industrial Security Program
    established by Executive Order 12829 [50 U.S.C. 435 note] with
    respect to the USEC and any successor entities (see National
    Industrial Security Program Operating Manual, Department of Defense
    2-3 (Oct. 1994));
      (b) monitor and review reports and submissions relating to FOCI
    issues made by the USEC or any successor entity to the Nuclear
    Regulatory Commission (NRC) under the Atomic Energy Act of 1954, 42
    U.S.C. 2011 et seq. (1994), and the USEC Privatization Act, Public
    Law 104-134, title III, 110 Stat. 1321-335 et seq. (1996) [42
    U.S.C. 2297h et seq.];
      (c) ensure coordination with the Intelligence Community of the
    collection and analysis of intelligence and ensure coordination of
    intelligence with other information related to FOCI issues; and
      (d) ensure coordination with the Committee on Foreign Investment
    in the United States.
      Sec. 6. Domestic Enrichment Services. The EOC shall collect and
    analyze information related to the maintenance of domestic uranium
    mining, enrichment, and conversion industries, provided that such
    activities shall be undertaken in a manner that provides
    appropriate protection for such information. In particular, the EOC
    shall:
      (a) collect and review all public filings made by or with respect
    to the USEC or any successor entities with the Securities and
    Exchange Commission;
      (b) collect information from all available sources necessary for
    the preparation of the annual report to the Congress required by
    section 3112 of the USEC Privatization Act [42 U.S.C. 2297h-10], as
    noted in section 3(a) of this order, including information relating
    to plans by the USEC or any successor entities to expand or
    contract materially the enrichment of uranium-using gaseous
    diffusion technology;
      (c) collect information relating to the development and
    implementation of atomic vapor laser isotope separation technology;
      (d) to the extent permitted by law, and as necessary to fulfill
    the EOC's oversight functions, collect proprietary information from
    the USEC, or any successor entities, provided that the collection
    of such information shall be undertaken so as to minimize
    disruption to the normal functioning of the private corporation.
    For example, such information would include the USEC's financial
    statements prepared in accordance with standards applicable to
    public registrants and the executive summary of the USEC's
    strategic plan as shared with its Board of Directors, as well as
    timely information on its unit production costs, capacity
    utilization rates, average pricing and sales for the current year
    and for new contracts, employment levels, overseas activities, and
    research and development initiatives. Such information shall be
    collected on an annual basis, with quarterly updates as
    appropriate; and
      (e) coordinate with relevant agencies in monitoring the levels of
    natural and enriched uranium and enrichment services imported into
    the United States.
      Sec. 7. Coordination with the Nuclear Regulatory Commission. Upon
    notification by the NRC that it seeks the views of other agencies
    of the executive branch regarding determinations necessary for the
    issuance, reissuance, or renewal of a certificate of compliance or
    license to the privatized USEC, the EOC shall convey the relevant
    views of these other agencies of the executive branch, including
    whether the applicant's performance as the United States agent for
    the HEU Agreement is acceptable, on a schedule consistent with the
    NRC's need for timely action on such regulatory decisions.
                                                     William J. Clinton.

-End-

-CITE-
    42 USC Sec. 2297h-1                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

-HEAD-
    Sec. 2297h-1. Sale of Corporation

-STATUTE-
    (a) Authorization
      The Board of Directors of the Corporation, with the approval of
    the Secretary of the Treasury, shall transfer the interest of the
    United States in the United States Enrichment Corporation to the
    private sector in a manner that provides for the long-term
    viability of the Corporation, provides for the continuation by the
    Corporation of the operation of the Department of Energy's gaseous
    diffusion plants, provides for the protection of the public
    interest in maintaining a reliable and economical domestic source
    of uranium mining, enrichment and conversion services, and, to the
    extent not inconsistent with such purposes, secures the maximum
    proceeds to the United States.
    (b) Proceeds
      Proceeds from the sale of the United States' interest in the
    Corporation shall be deposited in the general fund of the Treasury.

-SOURCE-
    (Pub. L. 104-134, title III, Sec. 3103, Apr. 26, 1996, 110 Stat.
    1321-336.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the USEC Privatization Act and
    also as part of the Omnibus Consolidated Rescissions and
    Appropriations Act of 1996, and not as part of the Atomic Energy
    Act of 1954 which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 2297h-2                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

-HEAD-
    Sec. 2297h-2. Method of sale

-STATUTE-
    (a) Authorization
      The Board of Directors of the Corporation, with the approval of
    the Secretary of the Treasury, shall transfer ownership of the
    assets and obligations of the Corporation to the private
    corporation established under section 2297h-3 of this title (which
    may be consummated through a merger or consolidation effected in
    accordance with, and having the effects provided under, the law of
    the State of incorporation of the private corporation, as if the
    Corporation were incorporated thereunder).
    (b) Board determination
      The Board, with the approval of the Secretary of the Treasury,
    shall select the method of transfer and establish terms and
    conditions for the transfer that will provide the maximum proceeds
    to the Treasury of the United States and will provide for the long-
    term viability of the private corporation, the continued operation
    of the gaseous diffusion plants, and the public interest in
    maintaining reliable and economical domestic uranium mining and
    enrichment industries.
    (c) Adequate proceeds
      The Secretary of the Treasury shall not allow the privatization
    of the Corporation unless before the sale date the Secretary of the
    Treasury determines that the method of transfer will provide the
    maximum proceeds to the Treasury consistent with the principles set
    forth in section 2297h-1(a) of this title.
    (d) Application of securities laws
      Any offering or sale of securities by the private corporation
    shall be subject to the Securities Act of 1933 (15 U.S.C. 77a et
    seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.),
    and the provisions of the Constitution and laws of any State,
    territory, or possession of the United States relating to
    transactions in securities.
    (e) Expenses
      Expenses of privatization shall be paid from Corporation revenue
    accounts in the United States Treasury.

-SOURCE-
    (Pub. L. 104-134, title III, Sec. 3104, Apr. 26, 1996, 110 Stat.
    1321-336.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Securities Act of 1933, referred to in subsec. (d), is act
    May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is
    classified generally to subchapter I (Sec. 77a et seq.) of chapter
    2A of Title 15, Commerce and Trade. For complete classification of
    this Act to the Code, see section 77a of Title 15 and Tables.
      The Securities Exchange Act of 1934, referred to in subsec. (d),
    is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is
    classified principally to chapter 2B (Sec. 78a et seq.) of Title
    15. For complete classification of this Act to the Code, see
    section 78a of Title 15 and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the USEC Privatization Act and
    also as part of the Omnibus Consolidated Rescissions and
    Appropriations Act of 1996, and not as part of the Atomic Energy
    Act of 1954 which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 2297h-3                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

-HEAD-
    Sec. 2297h-3. Establishment of private corporation

-STATUTE-
    (a) Incorporation
      (1) The directors of the Corporation shall establish a private
    for-profit corporation under the laws of a State for the purpose of
    receiving the assets and obligations of the Corporation at
    privatization and continuing the business operations of the
    Corporation following privatization.
      (2) The directors of the Corporation may serve as incorporators
    of the private corporation and shall take all steps necessary to
    establish the private corporation, including the filing of articles
    of incorporation consistent with the provisions of this subchapter.
      (3) Employees and officers of the Corporation (including members
    of the Board of Directors) acting in accordance with this section
    on behalf of the private corporation shall be deemed to be acting
    in their official capacities as employees or officers of the
    Corporation for purposes of section 205 of title 18.
    (b) Status of private corporation
      (1) The private corporation shall not be an agency,
    instrumentality, or establishment of the United States, a
    Government corporation, or a Government-controlled corporation.
      (2) Except as otherwise provided by this subchapter, financial
    obligations of the private corporation shall not be obligations of,
    or guaranteed as to principal or interest by, the Corporation or
    the United States, and the obligations shall so plainly state.
      (3) No action under section 1491 of title 28 shall be allowable
    against the United States based on actions of the private
    corporation.
    (c) Application of post-Government employment restrictions
      Beginning on the privatization date, the restrictions stated in
    section 207(a), (b), (c), and (d) of title 18 shall not apply to
    the acts of an individual done in carrying out official duties as a
    director, officer, or employee of the private corporation, if the
    individual was an officer or employee of the Corporation (including
    a director) continuously during the 45 days prior to the
    privatization date.
    (d) Dissolution
      In the event that the privatization does not occur, the
    Corporation will provide for the dissolution of the private
    corporation within 1 year of the private corporation's
    incorporation unless the Secretary of the Treasury or his delegate,
    upon the Corporation's request, agrees to delay any such
    dissolution for an additional year.

-SOURCE-
    (Pub. L. 104-134, title III, Sec. 3105, Apr. 26, 1996, 110 Stat.
    1321-337.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the USEC Privatization Act and
    also as part of the Omnibus Consolidated Rescissions and
    Appropriations Act of 1996, and not as part of the Atomic Energy
    Act of 1954 which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 2297h-4                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

-HEAD-
    Sec. 2297h-4. Transfers to private corporation

-STATUTE-
      Concurrent with privatization, the Corporation shall transfer to
    the private corporation - 
        (1) the lease of the gaseous diffusion plants in accordance
      with section 2297h-5 of this title,
        (2) all personal property and inventories of the Corporation,
        (3) all contracts, agreements, and leases under section 2297h-
      6(a) of this title,
        (4) the Corporation's right to purchase power from the
      Secretary under section 2297h-6(b) of this title,
        (5) such funds in accounts of the Corporation held by the
      Treasury or on deposit with any bank or other financial
      institution as approved by the Secretary of the Treasury, and
        (6) all of the Corporation's records, including all of the
      papers and other documentary materials, regardless of physical
      form or characteristics, made or received by the Corporation.

-SOURCE-
    (Pub. L. 104-134, title III, Sec. 3106, Apr. 26, 1996, 110 Stat.
    1321-338.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the USEC Privatization Act and
    also as part of the Omnibus Consolidated Rescissions and
    Appropriations Act of 1996, and not as part of the Atomic Energy
    Act of 1954 which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 2297h-5                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

-HEAD-
    Sec. 2297h-5. Leasing of gaseous diffusion facilities

-STATUTE-
    (a) Transfer of lease
      Concurrent with privatization, the Corporation shall transfer to
    the private corporation the lease of the gaseous diffusion plants
    and related property for the remainder of the term of such lease in
    accordance with the terms of such lease.
    (b) Renewal
      The private corporation shall have the exclusive option to lease
    the gaseous diffusion plants and related property for additional
    periods following the expiration of the initial term of the lease.
    (c) Exclusion of facilities for production of highly enriched
      uranium
      The Secretary shall not lease to the private corporation any
    facilities necessary for the production of highly enriched uranium
    but may, subject to the requirements of the Atomic Energy Act of
    1954 (42 U.S.C. 2011 et seq.), grant the Corporation access to such
    facilities for purposes other than the production of highly
    enriched uranium.
    (d) DOE responsibility for preexisting conditions
      The payment of any costs of decontamination and decommissioning,
    response actions, or corrective actions with respect to conditions
    existing before July 1, 1993, at the gaseous diffusion plants shall
    remain the sole responsibility of the Secretary.
    (e) Environmental audit
      For purposes of subsection (d) of this section, the conditions
    existing before July 1, 1993, at the gaseous diffusion plants shall
    be determined from the environmental audit conducted pursuant to
    section 1403(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2297c-
    2(e)).
    (f) Treatment under Price-Anderson provisions
      Any lease executed between the Secretary and the Corporation or
    the private corporation, and any extension or renewal thereof,
    under this section shall be deemed to be a contract for purposes of
    section 170d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)).
    (g) Waiver of EIS requirement
      The execution or transfer of the lease between the Secretary and
    the Corporation or the private corporation, and any extension or
    renewal thereof, shall not be considered to be a major Federal
    action significantly affecting the quality of the human environment
    for purposes of section 4332 of this title.
    (h) Maintenance of security
      (1) In general
        With respect to the Paducah Gaseous Diffusion Plant, Kentucky,
      and the Portsmouth Gaseous Diffusion Plant, Ohio, the guidelines
      relating to the authority of the Department of Energy's
      contractors (including any Federal agency, or private entity
      operating a gaseous diffusion plant under a contract or lease
      with the Department of Energy) and any subcontractor (at any
      tier) to carry firearms and make arrests in providing security at
      Federal installations, issued under section 2201(k) of this title
      shall require, at a minimum, the presence of all security police
      officers carrying sidearms at all times to ensure maintenance of
      security at the gaseous diffusion plants (whether a gaseous
      diffusion plant is operated directly by a Federal agency or by a
      private entity under a contract or lease with a Federal agency).
      (2) Funding
        (A) The costs of arming and providing arrest authority to the
      security police officers required under paragraph (1) shall be
      paid as follows:
          (i) the Department of Energy (the "Department") shall pay the
        percentage of the costs equal to the percentage of the total
        number of employees at the gaseous diffusion plant who are: (I)
        employees of the Department or the contractor or subcontractors
        of the Department; or (II) employees of the private entity
        leasing the gaseous diffusion plant who perform work on behalf
        of the Department (including employees of a contractor or
        subcontractor of the private entity); and
          (ii) the private entity leasing the gaseous diffusion plant
        shall pay the percentage of the costs equal to the percentage
        of the total number of employees at the gaseous diffusion plant
        who are employees of the private entity (including employees of
        a contractor or subcontractor) other than those employees who
        perform work for the Department.

        (B) Neither the private entity leasing the gaseous diffusion
      plant nor the Department shall reduce its payments under any
      contract or lease or take other action to offset its share of the
      costs referred to in subparagraph (A), and the Department shall
      not reimburse the private entity for the entity's share of these
      costs.
        (C) Nothing in this subsection shall alter the Department's
      responsibilities to pay the safety, safeguards and security costs
      associated with the Department's highly enriched uranium
      activities.

-SOURCE-
    (Pub. L. 104-134, title III, Sec. 3107, Apr. 26, 1996, 110 Stat.
    1321-338; Pub. L. 105-62, title V, Sec. 511, Oct. 13, 1997, 111
    Stat. 1341; Pub. L. 105-245, title III, Sec. 310, Oct. 7, 1998, 112
    Stat. 1853.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Atomic Energy Act of 1954, referred to in subsec. (c), is act
    Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,
    Sec. 1, 68 Stat. 921, and amended, which is classified generally to
    this chapter (Sec. 2011 et seq.). For complete classification of
    this Act to the Code, see Short Title note set out under section
    2011 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the USEC Privatization Act and
    also as part of the Omnibus Consolidated Rescissions and
    Appropriations Act of 1996, and not as part of the Atomic Energy
    Act of 1954 which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (h). Pub. L. 105-245 substituted "all security
    police officers" for "an adequate number of security guards" in
    par. (1) and added par. (2).
      1997 - Subsec. (h). Pub. L. 105-62 added subsec. (h).

-End-

-CITE-
    42 USC Sec. 2297h-6                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

-HEAD-
    Sec. 2297h-6. Transfer of contracts

-STATUTE-
    (a) Transfer of contracts
      Concurrent with privatization, the Corporation shall transfer to
    the private corporation all contracts, agreements, and leases,
    including all uranium enrichment contracts, that were - 
        (1) transferred by the Secretary to the Corporation pursuant to
      section 2297c(b) of this title, or
        (2) entered into by the Corporation before the privatization
      date.
    (b) Nontransferable power contracts
      The Corporation shall transfer to the private corporation the
    right to purchase power from the Secretary under the power purchase
    contracts for the gaseous diffusion plants executed by the
    Secretary before July 1, 1993. The Secretary shall continue to
    receive power for the gaseous diffusion plants under such contracts
    and shall continue to resell such power to the private corporation
    at cost during the term of such contracts.
    (c) Effect of transfer
      (1) Notwithstanding subsection (a) of this section, the United
    States shall remain obligated to the parties to the contracts,
    agreements, and leases transferred under subsection (a) of this
    section for the performance of its obligations under such
    contracts, agreements, or leases during their terms. Performance of
    such obligations by the private corporation shall be considered
    performance by the United States.
      (2) If a contract, agreement, or lease transferred under
    subsection (a) of this section is terminated, extended, or
    materially amended after the privatization date - 
        (A) the private corporation shall be responsible for any
      obligation arising under such contract, agreement, or lease after
      any extension or material amendment, and
        (B) the United States shall be responsible for any obligation
      arising under the contract, agreement, or lease before the
      termination, extension, or material amendment.

      (3) The private corporation shall reimburse the United States for
    any amount paid by the United States under a settlement agreement
    entered into with the consent of the private corporation or under a
    judgment, if the settlement or judgment - 
        (A) arises out of an obligation under a contract, agreement, or
      lease transferred under subsection (a) of this section, and
        (B) arises out of actions of the private corporation between
      the privatization date and the date of a termination, extension,
      or material amendment of such contract, agreement, or lease.
    (d) Pricing
      The Corporation may establish prices for its products, materials,
    and services provided to customers on a basis that will allow it to
    attain the normal business objectives of a profit making
    corporation.

-SOURCE-
    (Pub. L. 104-134, title III, Sec. 3108, Apr. 26, 1996, 110 Stat.
    1321-339.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the USEC Privatization Act and
    also as part of the Omnibus Consolidated Rescissions and
    Appropriations Act of 1996, and not as part of the Atomic Energy
    Act of 1954 which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 2297h-7                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

-HEAD-
    Sec. 2297h-7. Liabilities

-STATUTE-
    (a) Liability of United States
      (1) Except as otherwise provided in this subchapter, all
    liabilities arising out of the operation of the uranium enrichment
    enterprise before July 1, 1993, shall remain the direct liabilities
    of the Secretary.
      (2) Except as provided in subsection (a)(3) of this section or
    otherwise provided in a memorandum of agreement entered into by the
    Corporation and the Office of Management and Budget prior to the
    privatization date, all liabilities arising out of the operation of
    the Corporation between July 1, 1993, and the privatization date
    shall remain the direct liabilities of the United States.
      (3) All liabilities arising out of the disposal of depleted
    uranium generated by the Corporation between July 1, 1993, and the
    privatization date shall become the direct liabilities of the
    Secretary.
      (4) Any stated or implied consent for the United States, or any
    agent or officer of the United States, to be sued by any person for
    any legal, equitable, or other relief with respect to any claim
    arising from any action taken by any agent or officer of the United
    States in connection with the privatization of the Corporation is
    hereby withdrawn.
      (5) To the extent that any claim against the United States under
    this section is of the type otherwise required by Federal statute
    or regulation to be presented to a Federal agency or official for
    adjudication or review, such claim shall be presented to the
    Department of Energy in accordance with procedures to be
    established by the Secretary. Nothing in this paragraph shall be
    construed to impose on the Department of Energy liability to pay
    any claim presented pursuant to this paragraph.
      (6) The Attorney General shall represent the United States in any
    action seeking to impose liability under this subsection.
    (b) Liability of Corporation
      Notwithstanding any provision of any agreement to which the
    Corporation is a party, the Corporation shall not be considered in
    breach, default, or violation of any agreement because of the
    transfer of such agreement to the private corporation under section
    2297h-6 of this title or any other action the Corporation is
    required to take under this subchapter.
    (c) Liability of private corporation
      Except as provided in this subchapter, the private corporation
    shall be liable for any liabilities arising out of its operations
    after the privatization date.
    (d) Liability of officers and directors
      (1) No officer, director, employee, or agent of the Corporation
    shall be liable in any civil proceeding to any party in connection
    with any action taken in connection with the privatization if, with
    respect to the subject matter of the action, suit, or proceeding,
    such person was acting within the scope of his employment.
      (2) This subsection shall not apply to claims arising under the
    Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities
    Exchange Act of 1934 (15 U.S.C. 78a et seq.), or under the
    Constitution or laws of any State, territory, or possession of the
    United States relating to transactions in securities.

-SOURCE-
    (Pub. L. 104-134, title III, Sec. 3109, Apr. 26, 1996, 110 Stat.
    1321-339.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Securities Act of 1933, referred to in subsec. (d)(2), is act
    May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is
    classified generally to subchapter I (Sec. 77a et seq.) of chapter
    2A of Title 15, Commerce and Trade. For complete classification of
    this Act to the Code, see section 77a of Title 15 and Tables.
      The Securities Exchange Act of 1934, referred to in subsec.
    (d)(2), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended,
    which is classified principally to chapter 2B (Sec. 78a et seq.) of
    Title 15. For complete classification of this Act to the Code, see
    section 78a of Title 15 and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the USEC Privatization Act and
    also as part of the Omnibus Consolidated Rescissions and
    Appropriations Act of 1996, and not as part of the Atomic Energy
    Act of 1954 which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 2297h-8                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

-HEAD-
    Sec. 2297h-8. Employee protections

-STATUTE-
    (a) Contractor employees
      (1) Privatization shall not diminish the accrued, vested pension
    benefits of employees of the Corporation's operating contractor at
    the two gaseous diffusion plants.
      (2) In the event that the private corporation terminates or
    changes the contractor at either or both of the gaseous diffusion
    plants, the plan sponsor or other appropriate fiduciary of the
    pension plan covering employees of the prior operating contractor
    shall arrange for the transfer of all plan assets and liabilities
    relating to accrued pension benefits of such plan's participants
    and beneficiaries from such plant to a pension plan sponsored by
    the new contractor or the private corporation or a joint labor-
    management plan, as the case may be.
      (3) In addition to any obligations arising under the National
    Labor Relations Act (29 U.S.C. 151 et seq.), any employer
    (including the private corporation if it operates a gaseous
    diffusion plant without a contractor or any contractor of the
    private corporation) at a gaseous diffusion plant shall - 
        (A) abide by the terms of any unexpired collective bargaining
      agreement covering employees in bargaining units at the plant and
      in effect on the privatization date until the stated expiration
      or termination date of the agreement; or
        (B) in the event a collective bargaining agreement is not in
      effect upon the privatization date, have the same bargaining
      obligations under section 8(d) of the National Labor Relations
      Act (29 U.S.C. 158(d)) as it had immediately before the
      privatization date.

      (4) If the private corporation replaces its operating contractor
    at a gaseous diffusion plant, the new employer (including the new
    contractor or the private corporation if it operates a gaseous
    diffusion plant without a contractor) shall - 
        (A) offer employment to non-management employees of the
      predecessor contractor to the extent that their jobs still exist
      or they are qualified for new jobs, and
        (B) abide by the terms of the predecessor contractor's
      collective bargaining agreement until the agreement expires or a
      new agreement is signed.

      (5) In the event of a plant closing or mass layoff (as such terms
    are defined in section 2101(a)(2) and (3) of title 29) at either of
    the gaseous diffusion plants, the Secretary of Energy shall treat
    any adversely affected employee of an operating contractor at
    either plant who was an employee at such plant on July 1, 1993, as
    a Department of Energy employee for purposes of sections 3161 and
    3162 of the National Defense Authorization Act for Fiscal Year 1993
    (42 U.S.C. 7274h-7274i).(!1)

      (6)(A) The Secretary and the private corporation shall cause the
    post-retirement health benefits plan provider (or its successor) to
    continue to provide benefits for eligible persons, as described
    under subparagraph (B), employed by an operating contractor at
    either of the gaseous diffusion plants in an economically efficient
    manner and at substantially the same level of coverage as eligible
    retirees are entitled to receive on the privatization date.
      (B) Persons eligible for coverage under subparagraph (A) shall be
    limited to:
        (i) persons who retired from active employment at one of the
      gaseous diffusion plants on or before the privatization date as
      vested participants in a pension plan maintained either by the
      Corporation's operating contractor or by a contractor employed
      prior to July 1, 1993, by the Department of Energy to operate a
      gaseous diffusion plant; and
        (ii) persons who are employed by the Corporation's operating
      contractor on or before the privatization date and are vested
      participants in a pension plan maintained either by the
      Corporation's operating contractor or by a contractor employed
      prior to July 1, 1993, by the Department of Energy to operate a
      gaseous diffusion plant.

      (C) The Secretary shall fund the entire cost of post-retirement
    health benefits for persons who retired from employment with an
    operating contractor prior to July 1, 1993.
      (D) The Secretary and the Corporation shall fund the cost of post-
    retirement health benefits for persons who retire from employment
    with an operating contractor on or after July 1, 1993, in
    proportion to the retired person's years and months of service at a
    gaseous diffusion plant under their respective management.
      (7)(A) Any suit under this subsection alleging a violation of an
    agreement between an employer and a labor organization shall be
    brought in accordance with section 185 (!1) of title 29.
      (B) Any charge under this subsection alleging an unfair labor
    practice violative of section 8 of the National Labor Relations Act
    (29 U.S.C. 158) shall be pursued in accordance with section 10 of
    the National Labor Relations Act (29 U.S.C. 160).
      (C) Any suit alleging a violation of any provision of this
    subsection, to the extent it does not allege a violation of the
    National Labor Relations Act [29 U.S.C. 151 et seq.], may be
    brought in any district court of the United States having
    jurisdiction over the parties, without regard to the amount in
    controversy or the citizenship of the parties.
      (8) Continuity of benefits. - To the extent appropriations are
    provided in advance for this purpose or are otherwise available,
    not later than 30 days after August 8, 2005, the Secretary shall
    implement such actions as are necessary to ensure that any employee
    who - 
        (A) is involved in providing infrastructure or environmental
      remediation services at the Portsmouth, Ohio, or the Paducah,
      Kentucky, Gaseous Diffusion Plant;
        (B) has been an employee of the Department of Energy's
      predecessor management and integrating contractor (or its first
      or second tier subcontractors), or of the Corporation, at the
      Portsmouth, Ohio, or the Paducah, Kentucky, facility; and
        (C) was eligible as of April 1, 2005, to participate in or
      transfer into the Multiple Employer Pension Plan or the
      associated multiple employer retiree health care benefit plans,
      as defined in those plans,

    shall continue to be eligible to participate in or transfer into
    such pension or health care benefit plans.
    (b) Former Federal employees
      (1)(A) An employee of the Corporation that was subject to either
    the Civil Service Retirement System (referred to in this section as
    "CSRS") or the Federal Employees' Retirement System (referred to in
    this section as "FERS") on the day immediately preceding the
    privatization date shall elect - 
        (i) to retain the employee's coverage under either CSRS or
      FERS, as applicable, in lieu of coverage by the Corporation's
      retirement system, or
        (ii) to receive a deferred annuity or lump-sum benefit payable
      to a terminated employee under CSRS or FERS, as applicable.

      (B) An employee that makes the election under subparagraph
    (A)(ii) shall have the option to transfer the balance in the
    employee's Thrift Savings Plan account to a defined contribution
    plan under the Corporation's retirement system, consistent with
    applicable law and the terms of the Corporation's defined
    contribution plan.
      (2) The Corporation shall pay to the Civil Service Retirement and
    Disability Fund - 
        (A) such employee deductions and agency contributions as are
      required by sections 8334, 8422, and 8423 of title 5 for those
      employees who elect to retain their coverage under either CSRS or
      FERS pursuant to paragraph (1);
        (B) such additional agency contributions as are determined
      necessary by the Office of Personnel Management to pay, in
      combination with the sums under subparagraph (A), the "normal
      cost" (determined using dynamic assumptions) of retirement
      benefits for those employees who elect to retain their coverage
      under CSRS pursuant to paragraph (1), with the concept of "normal
      cost" being used consistent with generally accepted actuarial
      standards and principles; and
        (C) such additional amounts, not to exceed two percent of the
      amounts under subparagraphs (A) and (B), as are determined
      necessary by the Office of Personnel Management to pay the cost
      of administering retirement benefits for employees who retire
      from the Corporation after the privatization date under either
      CSRS or FERS, for their survivors, and for survivors of employees
      of the Corporation who die after the privatization date (which
      amounts shall be available to the Office of Personnel Management
      as provided in section 8348(a)(1)(B) of title 5).

      (3) The Corporation shall pay to the Thrift Savings Fund such
    employee and agency contributions as are required or authorized by
    sections 8432 and 8351 of title 5 for employees who elect to retain
    their coverage under CSRS or FERS pursuant to paragraph (1).
      (4) Any employee of the Corporation who was subject to the
    Federal Employee Health Benefits Program (referred to in this
    section as "FEHBP") on the day immediately preceding the
    privatization date and who elects to retain coverage under either
    CSRS or FERS pursuant to paragraph (1) shall have the option to
    receive health benefits from a health benefit plan established by
    the Corporation or to continue without interruption coverage under
    the FEHBP, in lieu of coverage by the Corporation's health benefit
    system.
      (5) The Corporation shall pay to the Employees Health Benefits
    Fund - 
        (A) such employee deductions and agency contributions as are
      required by section 8906(a)-(f) of title 5 for those employees
      who elect to retain their coverage under FEHBP pursuant to
      paragraph (4); and
        (B) such amounts as are determined necessary by the Office of
      Personnel Management under paragraph (6) to reimburse the Office
      of Personnel Management for contributions under section
      8906(g)(1) of title 5 for those employees who elect to retain
      their coverage under FEHBP pursuant to paragraph (4).

      (6) The amounts required under paragraph (5)(B) shall pay the
    Government contributions for retired employees who retire from the
    Corporation after the privatization date under either CSRS or FERS,
    for survivors of such retired employees, and for survivors of
    employees of the Corporation who die after the privatization date,
    with said amounts prorated to reflect only that portion of the
    total service of such employees and retired persons that was
    performed for the Corporation after the privatization date.

-SOURCE-
    (Pub. L. 104-134, title III, Sec. 3110, Apr. 26, 1996, 110 Stat.
    1321-340; Pub. L. 104-206, title III, Sept. 30, 1996, 110 Stat.
    2995; Pub. L. 109-58, title VI, Sec. 633, Aug. 8, 2005, 119 Stat.
    790.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Labor Relations Act, referred to in subsec. (a)(3),
    (7)(C), is act July 5, 1935, ch. 372, 49 Stat. 449, as amended,
    which is classified generally to subchapter II (Sec. 151 et seq.)
    of chapter 7 of Title 29, Labor. For complete classification of
    this Act to the Code, see section 167 of Title 29 and Tables.
      Sections 3161 and 3162 of the National Defense Authorization Act
    for Fiscal Year 1993, referred to in subsec. (a)(5), were
    classified to sections 7274h and 7274i, respectively, of this title
    and were renumbered sections 4604 and 4643, respectively, of Pub.
    L. 107-314, the Bob Stump National Defense Authorization Act for
    Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(i)(5)(A)-(C), (14)(A)-(C), Nov. 24, 2003, 117 Stat. 1777,
    1779, 1780, which are classified to sections 2704 and 2733,
    respectively, of Title 50, War and National Defense.
      Section 185 of title 29, referred to in subsec. (a)(7)(A), was in
    the original "section 301 of the Labor Management Relations Act (29
    U.S.C. 185)", and has been translated as reading section 301 of the
    Labor Management Relations Act, 1947, to reflect the probable
    intent of Congress.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the USEC Privatization Act and
    also as part of the Omnibus Consolidated Rescissions and
    Appropriations Act of 1996, and not as part of the Atomic Energy
    Act of 1954 which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(8). Pub. L. 109-58 added par. (8).
      1996 - Subsec. (b)(3). Pub. L. 104-206 which directed the
    amendment of subsec. (b) by inserting par. (3), was executed to
    reflect the probable intent of Congress by substituting par. (3)
    for former par. (3) which read as follows: "The Corporation shall
    pay to the Thrift Savings Fund such employee and agency
    contributions as are required by section 8432 of title 5 for those
    employees who elect to retain their coverage under FERS pursuant to
    paragraph (1)."

-FOOTNOTE-               

    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 2297h-9                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

-HEAD-
    Sec. 2297h-9. Ownership limitations

-STATUTE-
    (a) Securities limitations
      No director, officer, or employee of the Corporation may acquire
    any securities, or any rights to acquire any securities of the
    private corporation on terms more favorable than those offered to
    the general public - 
        (1) in a public offering designed to transfer ownership of the
      Corporation to private investors,
        (2) pursuant to any agreement, arrangement, or understanding
      entered into before the privatization date, or
        (3) before the election of the directors of the private
      corporation.
    (b) Ownership limitation
      Immediately following the consummation of the transaction or
    series of transactions pursuant to which 100 percent of the
    ownership of the Corporation is transferred to private investors,
    and for a period of three years thereafter, no person may acquire,
    directly or indirectly, beneficial ownership of securities
    representing more than 10 percent of the total votes of all
    outstanding voting securities of the Corporation. The foregoing
    limitation shall not apply to - 
        (1) any employee stock ownership plan of the Corporation,
        (2) members of the underwriting syndicate purchasing shares in
      stabilization transactions in connection with the privatization,
      or
        (3) in the case of shares beneficially held in the ordinary
      course of business for others, any commercial bank, broker-
      dealer, or clearing agency.

-SOURCE-
    (Pub. L. 104-134, title III, Sec. 3111, Apr. 26, 1996, 110 Stat.
    1321-343.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the USEC Privatization Act and
    also as part of the Omnibus Consolidated Rescissions and
    Appropriations Act of 1996, and not as part of the Atomic Energy
    Act of 1954 which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 2297h-10                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

-HEAD-
    Sec. 2297h-10. Uranium transfers and sales

-STATUTE-
    (a) Transfers and sales by Secretary
      The Secretary shall not provide enrichment services or transfer
    or sell any uranium (including natural uranium concentrates,
    natural uranium hexafluoride, or enriched uranium in any form) to
    any person except as consistent with this section.
    (b) Russian HEU
      (1) On or before December 31, 1996, the United States Executive
    Agent under the Russian HEU Agreement shall transfer to the
    Secretary without charge title to an amount of uranium hexafluoride
    equivalent to the natural uranium component of low-enriched uranium
    derived from at least 18 metric tons of highly enriched uranium
    purchased from the Russian Executive Agent under the Russian HEU
    Agreement. The quantity of such uranium hexafluoride delivered to
    the Secretary shall be based on a tails assay of 0.30 U 235 .
    Uranium hexafluoride transferred to the Secretary pursuant to this
    paragraph shall be deemed under United States law for all purposes
    to be of Russian origin.
      (2) Within 7 years of April 26, 1996, the Secretary shall sell,
    and receive payment for, the uranium hexafluoride transferred to
    the Secretary pursuant to paragraph (1). Such uranium hexafluoride
    shall be sold - 
        (A) at any time for use in the United States for the purpose of
      overfeeding;
        (B) at any time for end use outside the United States;
        (C) in 1995 and 1996 to the Russian Executive Agent at the
      purchase price for use in matched sales pursuant to the
      Suspension Agreement; or,(!1)

        (D) in calendar year 2001 for consumption by end users in the
      United States not prior to January 1, 2002, in volumes not to
      exceed 3,000,000 pounds U<sub>3</sub>O<sub>8</sub> equivalent per year.

      (3) With respect to all enriched uranium delivered to the United
    States Executive Agent under the Russian HEU Agreement on or after
    January 1, 1997, the United States Executive Agent shall, upon
    request of the Russian Executive Agent, enter into an agreement to
    deliver concurrently to the Russian Executive Agent an amount of
    uranium hexafluoride equivalent to the natural uranium component of
    such uranium. An agreement executed pursuant to a request of the
    Russian Executive Agent, as contemplated in this paragraph, may
    pertain to any deliveries due during any period remaining under the
    Russian HEU Agreement. The quantity of such uranium hexafluoride
    delivered to the Russian Executive Agent shall be based on a tails
    assay of 0.30 U 235 . Title to uranium hexafluoride delivered to
    the Russian Executive Agent pursuant to this paragraph shall
    transfer to the Russian Executive Agent upon delivery of such
    material to the Russian Executive Agent, with such delivery to take
    place at a North American facility designated by the Russian
    Executive Agent. Uranium hexafluoride delivered to the Russian
    Executive Agent pursuant to this paragraph shall be deemed under
    U.S. law for all purposes to be of Russian origin. Such uranium
    hexafluoride may be sold to any person or entity for delivery and
    use in the United States only as permitted in subsections (b)(5),
    (b)(6) and (b)(7) of this section.
      (4) In the event that the Russian Executive Agent does not
    exercise its right to enter into an agreement to take delivery of
    the natural uranium component of any low-enriched uranium, as
    contemplated in paragraph (3), within 90 days of the date such low-
    enriched uranium is delivered to the United States Executive
    Agent, or upon request of the Russian Executive Agent, then the
    United States Executive Agent shall engage an independent entity
    through a competitive selection process to auction an amount of
    uranium hexafluoride or U<sub>3</sub>O<sub>8</sub> (in the event that the
    conversion component of such hexafluoride has previously been sold)
    equivalent to the natural uranium component of such low-enriched
    uranium. An agreement executed pursuant to a request of the Russian
    Executive Agent, as contemplated in this paragraph, may pertain to
    any deliveries due during any period remaining under the Russian
    HEU Agreement. Such independent entity shall sell such uranium
    hexafluoride in one or more lots to any person or entity to
    maximize the proceeds from such sales, for disposition consistent
    with the limitations set forth in this subsection. The independent
    entity shall pay to the Russian Executive Agent the proceeds of any
    such auction less all reasonable transaction and other
    administrative costs. The quantity of such uranium hexafluoride
    auctioned shall be based on a tails assay of 0.30 U 235 . Title to
    uranium hexafluoride auctioned pursuant to this paragraph shall
    transfer to the buyer of such material upon delivery of such
    material to the buyer. Uranium hexafluoride auctioned pursuant to
    this paragraph shall be deemed under United States law for all
    purposes to be of Russian origin.
      (5) Except as provided in paragraphs (6) and (7), uranium
    hexafluoride delivered to the Russian Executive Agent under
    paragraph (3) or auctioned pursuant to paragraph (4), may not be
    delivered for consumption by end users in the United States either
    directly or indirectly prior to January 1, 1998, and thereafter
    only in accordance with the following schedule:

                  ANNUAL MAXIMUM DELIVERIES TO END USERS              
    --------------------------------------------------------------------
                                                       2(millions lbs.  
                                                        U<sub>3</sub>O<sub>8</sub>  
                                                        equivalent)  
    --------------------------------------------------------------------
    Year:                                                               
      1998                                                             2
      1999                                                             4
      2000                                                             6
      2001                                                             8
      2002                                                            10
      2003                                                            12
      2004                                                            14
      2005                                                            16
      2006                                                            17
      2007                                                            18
      2008                                                            19
      2009 and each year thereafter                                  20.
    --------------------------------------------------------------------

      (6) Uranium hexafluoride delivered to the Russian Executive Agent
    under paragraph (3) or auctioned pursuant to paragraph (4) may be
    sold at any time as Russian-origin natural uranium in a matched
    sale pursuant to the Suspension Agreement, and in such case shall
    not be counted against the annual maximum deliveries set forth in
    paragraph (5).
      (7) Uranium hexafluoride delivered to the Russian Executive Agent
    under paragraph (3) or auctioned pursuant to paragraph (4) may be
    sold at any time for use in the United States for the purpose of
    overfeeding in the operations of enrichment facilities.
      (8) Nothing in this subsection (b) shall restrict the sale of the
    conversion component of such uranium hexafluoride.
      (9) The Secretary of Commerce shall have responsibility for the
    administration and enforcement of the limitations set forth in this
    subsection. The Secretary of Commerce may require any person to
    provide any certifications, information, or take any action that
    may be necessary to enforce these limitations. The United States
    Customs Service shall maintain and provide any information required
    by the Secretary of Commerce and shall take any action requested by
    the Secretary of Commerce which is necessary for the administration
    and enforcement of the uranium delivery limitations set forth in
    this section.
      (10) The President shall monitor the actions of the United States
    Executive Agent under the Russian HEU Agreement and shall report to
    the Congress not later than December 31 of each year on the effect
    the low-enriched uranium delivered under the Russian HEU Agreement
    is having on the domestic uranium mining, conversion, and
    enrichment industries, and the operation of the gaseous diffusion
    plants. Such report shall include a description of actions taken or
    proposed to be taken by the President to prevent or mitigate any
    material adverse impact on such industries or any loss of
    employment at the gaseous diffusion plants as a result of the
    Russian HEU Agreement.
    (c) Transfers to Corporation
      (1) The Secretary shall transfer to the Corporation without
    charge up to 50 metric tons of enriched uranium and up to 7,000
    metric tons of natural uranium from the Department of Energy's
    stockpile, subject to the restrictions in subsection (c)(2) of this
    section.
      (2) The Corporation shall not deliver for commercial end use in
    the United States - 
        (A) any of the uranium transferred under this subsection before
      January 1, 1998;
        (B) more than 10 percent of the uranium (by uranium
      hexafluoride equivalent content) transferred under this
      subsection or more than 4,000,000 pounds, whichever is less, in
      any calendar year after 1997; or
        (C) more than 800,000 separative work units contained in low-
      enriched uranium transferred under this subsection in any
      calendar year.
    (d) Inventory sales
      (1) In addition to the transfers authorized under subsections (c)
    and (e) of this section, the Secretary may, from time to time, sell
    natural and low-enriched uranium (including low-enriched uranium
    derived from highly enriched uranium) from the Department of
    Energy's stockpile.
      (2) Except as provided in subsections (b), (c), and (e) of this
    section, no sale or transfer of natural or low-enriched uranium
    shall be made unless - 
        (A) the President determines that the material is not necessary
      for national security needs,
        (B) the Secretary determines that the sale of the material will
      not have an adverse material impact on the domestic uranium
      mining, conversion, or enrichment industry, taking into account
      the sales of uranium under the Russian HEU Agreement and the
      Suspension Agreement, and
        (C) the price paid to the Secretary will not be less than the
      fair market value of the material.
    (e) Government transfers
      Notwithstanding subsection (d)(2) of this section, the Secretary
    may transfer or sell enriched uranium - 
        (1) to a Federal agency if the material is transferred for the
      use of the receiving agency without any resale or transfer to
      another entity and the material does not meet commercial
      specifications;
        (2) to any person for national security purposes, as determined
      by the Secretary; or
        (3) to any State or local agency or nonprofit, charitable, or
      educational institution for use other than the generation of
      electricity for commercial use.
    (f) Savings provision
      Nothing in this subchapter shall be read to modify the terms of
    the Russian HEU Agreement.

-SOURCE-
    (Pub. L. 104-134, title III, Sec. 3112, Apr. 26, 1996, 110 Stat.
    1321-344.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the USEC Privatization Act and
    also as part of the Omnibus Consolidated Rescissions and
    Appropriations Act of 1996, and not as part of the Atomic Energy
    Act of 1954 which comprises this chapter.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-FOOTNOTE-               

    (!1) So in original.

-End-

-CITE-
    42 USC Sec. 2297h-11                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

-HEAD-
    Sec. 2297h-11. Low-level waste

-STATUTE-
    (a) Responsibility of DOE
      (1) The Secretary, at the request of the generator, shall accept
    for disposal low-level radioactive waste, including depleted
    uranium if it were ultimately determined to be low-level
    radioactive waste, generated by - 
        (A) the Corporation as a result of the operations of the
      gaseous diffusion plants or as a result of the treatment of such
      wastes at a location other than the gaseous diffusion plants, or
        (B) any person licensed by the Nuclear Regulatory Commission to
      operate a uranium enrichment facility under sections 2073, 2093,
      and 2243 of this title.

      (2) Except as provided in paragraph (3), the generator shall
    reimburse the Secretary for the disposal of low-level radioactive
    waste pursuant to paragraph (1) in an amount equal to the
    Secretary's costs, including a pro rata share of any capital costs,
    but in no event more than an amount equal to that which would be
    charged by commercial, State, regional, or interstate compact
    entities for disposal of such waste.
      (3) In the event depleted uranium were ultimately determined to
    be low-level radioactive waste, the generator shall reimburse the
    Secretary for the disposal of depleted uranium pursuant to
    paragraph (1) in an amount equal to the Secretary's costs,
    including a pro rata share of any capital costs.
      (4) In the event that a licensee requests the Secretary to accept
    for disposal depleted uranium pursuant to this subsection, the
    Secretary shall be required to take title to and possession of such
    depleted uranium at an existing DUF6 storage facility.
    (b) Agreements with other persons
      The generator may also enter into agreements for the disposal of
    low-level radioactive waste subject to subsection (a) of this
    section with any person other than the Secretary that is authorized
    by applicable laws and regulations to dispose of such wastes.
    (c) State or interstate compacts
      Notwithstanding any other provision of law, no State or
    interstate compact shall be liable for the treatment, storage, or
    disposal of any low-level radioactive waste (including mixed waste)
    attributable to the operation, decontamination, and decommissioning
    of any uranium enrichment facility.

-SOURCE-
    (Pub. L. 104-134, title III, Sec. 3113, Apr. 26, 1996, 110 Stat.
    1321-347; Pub. L. 108-447, div. C, title III, Sec. 311, Dec. 8,
    2004, 118 Stat. 2959.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the USEC Privatization Act and
    also as part of the Omnibus Consolidated Rescissions and
    Appropriations Act of 1996, and not as part of the Atomic Energy
    Act of 1954 which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(4). Pub. L. 108-447, Sec. 311, which directed
    the addition of par. (4) to subsec. (a) of section 3113 of Public
    Law 102-486 (42 U.S.C. 2297h-11), was executed by adding par. (4)
    to subsec. (a) of this section, which is section 3113 of Pub. L.
    104-134, to reflect the probable intent of Congress.

-End-

-CITE-
    42 USC Sec. 2297h-12                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

-HEAD-
    Sec. 2297h-12. AVLIS

-STATUTE-
    (a) Exclusive right to commercialize
      The Corporation shall have the exclusive commercial right to
    deploy and use any AVLIS patents, processes, and technical
    information owned or controlled by the Government, upon completion
    of a royalty agreement with the Secretary.
    (b) Transfer of related property to Corporation
      (1) In general
        To the extent requested by the Corporation and subject to the
      requirements of the Atomic Energy Act of 1954 (42 U.S.C. 2011, et
      seq.), the President shall transfer without charge to the
      Corporation all of the right, title, or interest in and to
      property owned by the United States under control or custody of
      the Secretary that is directly related to and materially useful
      in the performance of the Corporation's purposes regarding AVLIS
      and alternative technologies for uranium enrichment, including - 
          (A) facilities, equipment, and materials for research,
        development, and demonstration activities; and
          (B) all other facilities, equipment, materials, processes,
        patents, technical information of any kind, contracts,
        agreements, and leases.
      (2) Exception
        Facilities, real estate, improvements, and equipment related to
      the gaseous diffusion, and gas centrifuge, uranium enrichment
      programs of the Secretary shall not transfer under paragraph
      (1)(B).
      (3) Expiration of transfer authority
        The President's authority to transfer property under this
      subsection shall expire upon the privatization date.
    (c) Liability for patent and related claims
      With respect to any right, title, or interest provided to the
    Corporation under subsection (a) or (b) of this section, the
    Corporation shall have sole liability for any payments made or
    awards under section 157b.(3) of the Atomic Energy Act of 1954 (42
    U.S.C. 2187(b)(3)), or any settlements or judgments involving
    claims for alleged patent infringement. Any royalty agreement under
    subsection (a) of this section shall provide for a reduction of
    royalty payments to the Secretary to offset any payments, awards,
    settlements, or judgments under this subsection.

-SOURCE-
    (Pub. L. 104-134, title III, Sec. 3114, Apr. 26, 1996, 110 Stat.
    1321-348.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Atomic Energy Act of 1954, referred to in subsec. (b)(1), is
    act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,
    Sec. 1, 68 Stat. 921, and amended, which is classified generally to
    this chapter (Sec. 2011 et seq.). For complete classification of
    this Act to the Code, see Short Title note set out under section
    2011 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the USEC Privatization Act and
    also as part of the Omnibus Consolidated Rescissions and
    Appropriations Act of 1996, and not as part of the Atomic Energy
    Act of 1954 which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 2297h-13                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 23 - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
    Division B - United States Enrichment Corporation
    SUBCHAPTER VIII - UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

-HEAD-
    Sec. 2297h-13. Application of certain laws

-STATUTE-
    (a) OSHA
      (1) As of the privatization date, the private corporation shall
    be subject to and comply with the Occupational Safety and Health
    Act of 1970 (29 U.S.C. 651 et seq.).
      (2) The Nuclear Regulatory Commission and the Occupational Safety
    and Health Administration shall, within 90 days after April 26,
    1996, enter into a memorandum of agreement to govern the exercise
    of their authority over occupational safety and health hazards at
    the gaseous diffusion plants, including inspection, investigation,
    enforcement, and rulemaking relating to such hazards.
    (b) Antitrust laws
      For purposes of the antitrust laws, the performance by the
    private corporation of a "matched import" contract under the
    Suspension Agreement shall be considered to have occurred prior to
    the privatization date, if at the time of privatization, such
    contract had been agreed to by the parties in all material terms
    and confirmed by the Secretary of Commerce under the Suspension
    Agreement.
    (c) Energy Reorganization Act requirements
      (1) The private corporation and its contractors and
    subcontractors shall be subject to the provisions of section 5851
    of this title to the same extent as an employer subject to such
    section.
      (2) With respect to the operation of the facilities leased by the
    private corporation, section 5846 of this title shall apply to the
    directors and officers of the private corporation.

-SOURCE-
    (Pub. L. 104-134, title III, Sec. 3115, Apr. 26, 1996, 110 Stat.
    1321-348.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Occupational Safety and Health Act of 1970, referred to in
    subsec. (a)(1), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as
    amended, which is classified principally to chapter 15 (Sec. 651 et
    seq.) of Title 29, Labor. For complete classification of this Act
    to the Code, see Short Title note set out under section 651 of
    Title 29 and Tables.
      The antitrust laws, referred to in subsec. (b), are classified
    generally to section 1 et seq. of Title 15, Commerce and Trade.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the USEC Privatization Act and
    also as part of the Omnibus Consolidated Rescissions and
    Appropriations Act of 1996, and not as part of the Atomic Energy
    Act of 1954 which comprises this chapter.

-End-