NUREG-0980

Vol. 1, No. 11

Nuclear Regulatory

Legislation

th nd 113 Congress; 2 Session

Office of the General Counsel
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DISCLAIMER: This report was prepared as an 

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NUREG-0980

Vol. 1, No. 11

Nuclear Regulatory

Legislation

th nd 113 Congress; 2 Session

Prepared by:

Office of the General Counsel

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

Date Published: December 2015

iii

legislation through the 113th Congress, 2nd Session, has been pre

Office of the General Counsel, U.S. Nuclear Regulatory Commiss

assistance of staff, for use as an internal resource document. The co

not to be used as an authoritative citation in lieu of the primary legisla

Furthermore, while every effort has been made to ensure the comp

accuracy of this material, neither the United States Government, 

Regulatory Commission, nor any of their employees makes any 

implied warranty or assumes liability for the accuracy or complet

material presented in this compilation.

This compilation includes all provisions signed into law through D

2014 and can also be found on-line at: http://www.nrc.gov/rea

collections/nuregs/staff/sr0980/.

If you have any questions concerning this compilation, please contac

Anne A. Frost

Legislative Specialist

Office of the General Counsel

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

Anne.Frost@nrc.gov

v

1. Commissioner Tenure .............................................

A. ATOMIC ENERGY COMMISSION (AEC), 1946–1975 .....

B. U.S. NUCLEAR REGULATORY COMMISSION (NRC) 1

PRESENT..................................................................................

2. USC and AEA cross reference index......................

3. Atomic Energy Act of 1954, as Amended ...............

4. Energy Reorganization Act of 1974, as Amended .

5. Reorganization Plan of 1980 and Other Documen

Pertaining to NRC Jurisdiction ..............................

A. REORGANIZATION PLAN NO. 1 OF 1980........................

B. REORGANIZATION PLAN NO. 3 OF 1970 ........................

C. EXECUTIVE ORDER 11834—ACTIVATION OF THE EN

RESEARCH AND DEVELOPMENT ADMINISTRATION 

THE NUCLEAR REGULATORY COMMISSION .............

D. OMB MEMORANDUM REGARDING RESPONSIBILITY 

SETTING RADIATION PROTECTION STANDARDS....

E. PRESIDENT'S COMMISSION ON THE ACCIDENT AT 

THREE MILE ISLAND ..........................................................

6. Low-Level Radioactive Waste .................................

A. LOW-LEVEL RADIOACTIVE WASTE POLICY ACT OF 

1985 (TITLE 1), AS AMENDED.............................................

B. LOW-LEVEL RADIOACTIVE WASTE POLICY 

AMENDMENTS ACT OF 1985 (TITLE II, INCLUDES: N

CENTRAL, SE, CENTRAL MIDWEST, MW, ROCKY 

MOUNTAIN, NE INTERSTATE COMPACTS)..................

C. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE 

WASTE COMPACT CONSENT ACT ..................................

D. SOUTHWESTERN LOW-LEVEL RADIOACTIVE WAST

DISPOSAL COMPACT CONSENT ACT.............................

E. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSA

COMPACT CONSENT ACT..................................................
vi

A. NUCLEAR WASTE POLICY ACT OF 1982, AS AMENDE

B. PERTINENT PROVISIONS OF THE ENERGY POLICY 

OF 1992—(ENVIRONMENTAL PROTECTION STANDA

C. PERTINENT PROVISIONS OF THE RONALD W. REAG

NATIONAL DEFENSE AUTHORIZATION ACT FOR FI

YEAR 2005—(WASTE INCIDENTAL TO REPROCESSIN

D. PERTINENT PROVISIONS OF THE ENERGY POLICY 

OF 2005—(GREATER-THAN-CLASS C WASTE).............

8. Uranium Mill Tailings ............................................

A. URANIUM MILL TAILINGS RADIATION CONTROL A

OF 1978, AS AMENDED.........................................................

B. PERTINENT PROVISIONS OF THE ENERGY POLICY 

OF 1992—(REMEDIAL ACTION AND URANIUM 

REVITALIZATION) ...............................................................

C. NATIONAL DEFENSE AUTHORIZATION FISCAL YEA

2001—(PROVISIONS PERTAINING TO REMEDIAL AC

AT MOAB SITE)......................................................................
1. Commissioner Tenure
1
A. ATOMIC ENERGY COMMISSION (AEC), 1946–197

Appointee From To 

David E. Lilienthal –

 Chairman

Nov. 1, 1946 Feb. 15, 1950 R

Robert F. Bacher Nov. 1, 1946 May 10, 1949 R

Sumner T. Pike Oct. 31, 1947 Dec. 15, 1951 R

William W. Waymack Nov. 5, 1946 Dec. 21, 1948 R

Lewis L. Strauss Nov. 12, 1946 Apr. 15, 1950 R

Lewis L. Strauss - Chairman Jul. 2, 1953 Jun. 30, 1958 T

Henry De Wolf Smyth May 30, 1949 Sep. 30, 1954 R

Gordon Dean May 24, 1949 Jun. 30, 1953 T

Gordon Dean - Chairman Jul. 11, 1950 Jun. 30, 1953

Thomas E. Murray May 9, 1950 Jun. 30, 1957 T

Thomas Keith Glennan Oct. 2, 1950 Nov. 1, 1952 R

Eugene M. Zuckert Feb. 25, 1952 Jun. 30, 1954 T

Joseph Campbell Jul. 27, 1953 Nov. 30, 1954 R

Willard F. Libby Oct. 5, 1954 Jun. 30, 1959 R

John Von Neumann Mar. 15, 1955 Feb. 8, 1957 D

Harold S. Vance Oct. 31, 1955 Aug. 31, 1959 D

John S. Graham Sep. 12, 1957 Jun. 30, 1962 R

John Forrest Floberg Oct. 1, 1957 Jun. 23, 1960 R

John A. McCone –

 Chairman 

Jul. 14, 1958 Jan. 20, 1961 R

John H. Williams Aug. 13, 1959 Jun. 30, 1960 R

Robert E. Wilson Mar. 22, 1960 Jan. 31, 1964 R

Loren K. Olson Jun. 23, 1960 Jun. 30, 1962 T

Glenn T. Seaborg –

 Chairman

Mar. 1, 1961 Aug. 16, 1971 R

Leland J. Haworth Apr. 17, 1961 Jun. 30, 1963 R

John G. Palfrey Aug. 31, 1962 Jun. 30, 1966 R

James T. Ramey Aug. 31, 1962 Jun. 30, 1973 T

Gerald F. Tape Jul. 15, 1963 Apr. 30, 1969 R

Mary I. Bunting Jun. 29, 1964 Jun. 30, 1965 T

Wilfrid E. Johnson Aug. 1, 1966 Jun. 30, 1972 T

Samuel M. Nabrit Aug. 1, 1966 Aug. 1, 1967 R

Francesco Costagliola Oct. 1, 1968 Jun. 30, 1969 T

Theos J. Thompson Jun. 12, 1969 Nov. 25, 1970 D

Clarence E. Larson Sep. 2, 1969 Jun. 30, 1974 T

James R. Schlesinger –

 Chairman

Aug. 17, 1971 Feb. 5, 1973 R

William O. Doub Aug. 17, 1971 Aug. 17, 1974 R

Dixy Lee Ray1 Aug. 8, 1972 Jan. 19, 1975 A

Dixy Lee Ray –

 Chairman

Feb. 6, 1973 Jan. 19, 1975

William E. Kriegsman Jun. 12, 1973 Dec. 31, 1974 R

William A. Anders Aug. 6, 1973 Jan. 19, 1975 A

––––––––

1 Designated Chairman February 6, 1973.
Appointee From To 

William A. Anders –

 Chairman NRC

Jan. 19, 1975 Apr. 20, 1976 

Marcus A. Rowden Jan. 19, 1975 Apr. 20, 1976

Marcus A. Rowden -

Chairman

Apr. 21, 1976 Jun. 30, 1977 

Edward A. Mason Jan. 19, 1975 Jan. 15, 1977 

Victor Gilinsky2 Jan. 19, 1975 Jun. 30, 1979 

Victor Gilinsky Jul. 1, 1979 Jun. 30, 1984 

Richard T. Kennedy Jan. 19, 1975 Jun. 30, 1980 

Joseph M. Hendrie -

Chairman3

Aug. 9, 1977 Dec. 7, 1979

Joseph M. Hendrie Dec. 8, 1979 Mar. 2, 1981

Joseph M. Hendrie -

Chairman4

Mar. 3, 1981 Jun. 30, 1981 

Peter A. Bradford Aug. 15, 1977 Mar. 12, 1982 

John F. Ahearne Jul. 31, 1978 Dec. 7, 1979

John F. Ahearne - Chairman5 Dec. 7, 1979 Mar. 2, 1981

John F. Ahearne6 Mar. 3, 1981 Jun. 30, 1983 

Nunzio J. Palladino -

Chairman

Jul. 1, 1981 Jun. 30, 1986 

Thomas M. Roberts7 Aug. 3, 1981 Jun. 30, 1985 

Thomas M. Roberts Jul. 12, 1985 Jun. 30, 1990 

James K. Asselstine May. 17, 1982 Jun. 30, 1982

James K. Asselstine8 Jul. 17, 1982 Jun. 30, 1987 

Frederick M. Bernthal Aug. 4, 1983 Jun. 30, 1988 

Lando W. Zech, Jr. 9 Jul. 5, 1984 Jun. 30, 1986

Lando W. Zech, Jr. -

Chairman 

Jul. 1, 1986 Jun. 30, 1989 

Kenneth M. Carr Aug. 14, 1986 Jun. 30, 1989

Kenneth M. Carr - Chairman Jul. 1, 1989 Jun. 30, 1991 

Kenneth C. Rogers10 Aug. 7, 1987 Jun. 30, 1992 

Kenneth C. Rogers Jul. 1, 1992 Jun. 30, 1997

James R. Curtiss Oct. 20, 1988 Jun. 30, 1993 

Forrest J. Remick Dec. 1, 1989 Jun. 30, 1994 

––––––––

2 Victor Gilinsky served two terms. The Senate reconfirmed his nomination for a term of 

June 27, 1979. 3 On December 7, 1979, Joseph M. Hendrie vacated the chairmanship but remained as a C

4 On March 3, 1981, Joseph M. Hendrie resumed the chairmanship. 5 On December 7, 1979, John F. Ahearne assumed the chairmanship. 6 On March 3, 1981, John F. Ahearne vacated the chairmanship but remained as a Comm

7 Thomas M. Roberts’ first term expired on June 30, 1985; he took the oath of office for a 

July 12, 1985. 8 James K. Asselstine completed Peter A. Bradford’s term and was appointed to a full 5–y

9 On June 28, 1984, Lando W. Zech, Jr., was nominated by the President. He received a r

appointment on July 3, 1984, and took office on July 5, 1984. On January 3, 1985, the P

resubmitted the nomination to the 99th Congress for a full 5–year appointment. The Sen

confirmed the nomination, and he took office for the full 5–year term on March 6, 1985

Mr. Zech assumed the chairmanship. 10 Kenneth C. Rogers served as Commissioner from August 7, 1987, to June 30, 1992, and 

as Commissioner from July 1, 1992, to June 30, 1997.
E. Gail de Planque Dec. 16, 1991 Jun. 30, 1995 

Shirley A. Jackson May 2, 1995 Jun. 30, 1995

Shirley A. Jackson -

Chairman

Jul. 1, 1995 Jun. 30, 1999 

Greta J. Dicus Feb. 15, 1996 Jun. 30, 1998 

Greta J. Dicus12 Oct. 27, 1998 Jun. 30, 1999

Greta J. Dicus - Chairman13 Jul. 1, 1999 Oct. 29, 1999

Greta J. Dicus14 Oct. 29, 1999 Jun. 30, 2003 

Nils J. Diaz Aug. 23, 1996 Jun. 30, 2001 

Nils J. Diaz Oct. 4, 2001 Jun. 30, 2006 

Nils J. Diaz - Chairman15 Apr. 1, 2003 Jun. 30, 2006 

Edward McGaffigan, Jr. Aug. 28, 1996 Jun. 30, 2000 

Edward McGaffigan, Jr. Jul. 1, 2000 Jun. 30, 2005 

Edward McGaffigan, Jr. 16 Oct. 12, 2005 Sep. 2, 2007 

Jeffrey S. Merrifield Oct. 23, 1998 Jun. 30, 2002 

Jeffrey S. Merrifield Aug. 5, 2002 Jun. 30, 2007 

Richard A. Meserve -

Chairman17

Oct. 29, 1999 Mar. 31, 2003 

Gregory B. Jaczko18 Jan. 21, 2005 Recess Appt

Gregory B. Jaczko May 31, 2006 Jun. 30, 2008

Gregory B. Jaczko Jul. 1, 2008 May 13, 2009

Gregory B. Jaczko -

Chairman19

May 13, 2009 Jul. 9, 2012 

Peter B. Lyons20 Jan. 25, 2005 Recess Appt

Peter B. Lyons May 31, 2006 Jun. 30, 2009 

Dale E. Klein - Chairman Jul. 1, 2006 May 13, 2009

 Commissioner21 May 13, 2009 Mar. 29, 2010 

Kristine L. Svinicki Mar. 17, 2008 Jun. 30, 2012 

Kristine L. Svinicki Jul. 1, 2012 Jun. 30, 2017 

William D. Magwood Mar. 29, 2010 Jun. 30, 2010 

William D. Magwood Jul. 1, 2010 Aug. 31, 2014 

William C. Ostendorff Mar. 29, 2010 Jun. 30, 2011 

William C. Ostendorff Jul. 5, 2011 Jun. 30, 2016 

George Apostolakis Mar. 29, 2010 Jun. 30, 2014 

––––––––

11 Ivan Selin resigned on June 30, 1995. 12 Greta J. Dicus was renominated to a new 5–year term as Commissioner on May 22, 199

nomination was confirmed by the Senate on October 21, 1998. 13 Greta J. Dicus assumed the chairmanship on July 1, 1999. 14 On October 29, 1999, Greta J. Dicus vacated the chairmanship but remained as a Comm

15 On April 1, 2003, Nils J. Diaz assumed the chairmanship. 16 The office was vacant from July 1, 2005, through October 11, 2005. Commissioner Edw

McGaffigan, Jr., was nominated on July 28, 2005, and confirmed by the Senate on Octo

17 On March 31, 2003, Richard A. Meserve resigned. 18 On January 19, 2005, President Bush appointed Gregory B. Jaczko during the Senate rec

the end of the Senate’s session in 2006). 19 Gregory B. Jaczko assumed the chairmanship on May 13, 2009. Chairman Jaczko’s resi

effective upon Senate confirmation of Allison M. Macfarlane as his successor date. 20 On January 19, 2005, President Bush appointed Peter B. Lyons during the Senate recess 

end of Senate’s session in 2006). 21 On May 13, 2009, Dale E. Klein vacated the chairmanship but remained as a Commissi

March 29, 2010, Dale E. Klein resigned his position as Commissioner.
 Chairman

Allison M. Macfarlane, 

 Chairman23

Jul. 1, 2013 Dec. 31, 2014 

Jeffrey M. Baran25 Oct. 14, 2014 Jun. 30, 2015 

Jeffrey M. Baran27 Jan. 2, 2015 Jun. 30, 2018 

Stephen G. Burns –

 Commissioner28

Nov. 4, 2014 Dec. 31, 2014 

Stephen G. Burns -

Chairman29

Jan. 1, 2015 Jun 30, 2019 

––––––––

22 On May 24, 2012, President Obama nominated Allison M. Macfarlane as Chairman for 

of Gregory Jaczko’s term. Her nomination was confirmed by the Senate on June 28, 20

by the President on July 9, 2012. 23 On March 21, 2013, President Obama nominated Chairman Macfarlane for an additiona

term. Her nomination was confirmed by the Senate on June 27, 2013, and signed by the 

June 28, 2013. 24 Allison M. Macfarlane resigned as Chairman on December 31, 2014. 25 On July 23, 2014, President Obama nominated Jeffrey M. Baran as Commissioner for th

of William Magwood’s term. His nomination was confirmed by the Senate on Septemb

and signed by the President on October 14, 2014. 26 On January 1, 2015, Jeffrey Baran resigned from his appointment to fill the remainder o

Magwood’s term. 27 On November 13, 2014, President Obama nominated Jeffrey M. Baran as Commissione

remainder of Allison Macfarlane’s term. His nomination was confirmed by the Senate o

2014, and signed by the President on January 2, 2015. 28 On July 23, 2014, President Obama nominated Stephen G. Burns as Commissioner. His 

was confirmed by the Senate on September 16, 2014, and signed by the President on No

29 On January 1, 2015, President Obama appointed Stephen G. Burns as Chairman of the N
2. USC and AEA cross reference i
2
U.S. NRC Section 

Sec. 1. Declaration 

Sec. 2. Findings 

Sec. 3. Purpose 

Sec. 11. Definitions 

Sec. 23. Office 

Sec. 24. General Manager, Deputy and Assistant General 

 Managers

Sec. 25. Divisions, Offices, and Positions 

Sec. 28. Appointment of Army, Navy, or Air Force

 Officers

Sec. 29. Advisory Committee on Reactor Safeguards 

Sec. 31. Research Assistance 

Sec. 32. Research by the Commission 

Sec. 33. Research For Others 

Sec. 41. Ownership and Operation of Production Facilities 

Sec. 42. Irradiation of Materials 

Sec. 43. Acquisition of Production Facilities 

Sec. 44. Disposition of Energy 

Sec. 51. Special Nuclear Material 

Sec. 53. Domestic Distribution of Special Nuclear Material 

Sec. 54. Foreign Distribution of Special Nuclear Material 

Sec. 55. Acquisition 

Sec. 56. Guaranteed Purchase Prices 

Sec. 57. Prohibition 

Sec. 58. Review 

Sec. 61. Source Material 

Sec. 62. License For Transfers Required 

Sec. 63. Domestic Distribution of Source Material 

Sec. 64. Foreign Distribution of Source Material 

Sec. 65. Reporting 

Sec. 66. Acquisition 

Sec. 67. Operations on Lands Belonging to the United States 

Sec. 68. Public and Acquired Lands 

Sec. 69. Prohibition 

Sec. 8l. Domestic Distribution 

Sec. 82. Foreign Distribution of Byproduct Material 

Sec. 83. Ownership and Custody of Certain Byproduct Material and

 Disposable Sites

Sec. 84. Authorities of Commission Respecting Certain Byproduct 

 Material

Sec. 91. Authority 

Sec. 92. Prohibition 

Sec. 101. License Required 
 Commercial Purposes

Sec. 103. Commercial Licenses 

Sec. 104. Medical Therapy and Research and Development 

Sec. 105. Antitrust Provisions 

Sec. 106. Classes of Facilities 

Sec. 107. Operators’ Licenses 

Sec. 108. War or National Emergency 

Sec. 109. Component and Other Parts of Facilities 

Sec. 110. Exclusions 

Sec. 111. Distribution By the Department of Energy 

Sec. 121. Effect of International Arrangements 

Sec. 122. Policies Contained in International Arrangements 

Sec. 123. Cooperation with Other Nations 

Sec. 124. International Atomic Pool 

Sec. 125. Cooperation With Berlin 

Sec. 126. Export Licensing Procedures 

Sec. 127. Criteria Governing United States Nuclear Exports 

Sec. 128. Additional Export Criterion and Procedures 

Sec. 129. Conduct Resulting in Termination of Nuclear Exports 

Sec. 130. Congressional Review Procedures 

Sec. 131. Subsequent Arrangements 

Sec. 132. Authority to Suspend Nuclear Cooperation with Nations 

 Which Have Not Ratified the Convention on the Physical 

 Security of Nuclear Material

Sec. 133. Consultation with the Department of Defense Concerning 

 Certain Exports and Subsequent Arrangements

Sec. 134. Further Restrictions on Exports 

Sec. 141. Policy 

Sec. 142. Classification and Declassification of Restricted Data 

Sec. 143. Department of Defense Participation 

Sec. 144. International Cooperation 

Sec. 145. Restrictions 

Sec. 146. General Provisions 

Sec. 147. Safeguards Information 

Sec. 148. Prohibition Against the Dissemination of Certain 

Unclassified 

 Information

Sec. 149. Fingerprinting for Criminal History Record Checks 

Sec. 151. Inventions Relating to Atomic Weapons, and Filing of 

Reports

Sec. 152. Inventions Made or Conceived During Commission

Contracts

Sec. 153. Nonmilitary Utilization 

Sec. 154. Injunctions 

Sec. 155. Prior Art 

Sec. 156. Commission Patent Licenses 
Sec. 158. Monopolistic Use of Patents 

Sec. 159. Federally Financed Research 

Sec. 160. Saving Clause 

Sec. 161. General Provisions 

Sec. 161A. Use of Firearms by Security Personnel 

Sec. 162. Contracts 

Sec. 163. Advisory Committees 

Sec. 164. Electric Utility Contracts 

Sec. 165. Contract Practices 

Sec. 166. Comptroller General Audit 

Sec. 167. Claims Settlements 

Sec. 168. Payments in Lieu of Taxes 

Sec. 169. No Subsidy 

Sec. 170. Indemnification and Limitation of Liability 

Sec. 170A. Conflicts of Interest Relating to Contracts and Other 

 Arrangements

Sec. 170B. Uranium Supply 

Sec. 170C. Elimination of Pension Offset For Certain Rehired Federal 

 Retirees

Sec. 170D. Security Evaluations 

Sec. 170E. Design Basis Threat Rulemaking 

Sec. 170F. Recruitment Tools 

Sec. 170G. Expenses Authorized to be Paid by The Commission 

Sec. 170H. Radiation Source Protection 

Sec. 170I. Secure Transfer of Nuclear Materials 

Sec. 171. Just Compensation 

Sec. 172. Condemnation of Real Property 

Sec. 173. Patent Application Disclosures 

Sec. 174. Attorney General Approval of Title 

Sec. 181. General 

Sec. 182. License Applications 

Sec. 183. Terms of Licenses 

Sec. 184. Inalienability of Licenses 

Sec. 185. Construction Permits and Operating Licenses 

Sec. 186. Revocation 

Sec. 187. Modification of License 

Sec. 188. Continued Operation of Facilities 

Sec. 189. Hearings and Judicial Review 

Sec. 190. Licensee Incident Reports 

Sec. 191. Atomic Safety and Licensing Board 

Sec. 192. Temporary Operating License 

Sec. 193. Licensing of Uranium Enrichment Facilities 

Sec. 221. General Provisions 

Sec. 222. Violations of Specific Sections 

Sec. 223. Violation of Sections Generally 
Sec. 225. Receipt of Restricted Data 

Sec. 226. Tampering with Restricted Data 

Sec. 227. Disclosure of Restricted Data 

Sec. 228. Statute of Limitations 

Sec. 229. Trespass Upon Commission Installations 

Sec. 230. Photographing, Etc., of Commission Installations 

Sec. 231. Other Laws 

Sec. 232. Injunction Proceedings 

Sec. 233. Contempt Proceedings 

Sec. 234. Civil Monetary Penalties for Violations of Licensing 

 Requirements

Sec. 234A. Civil Monetary Penalties For Violations of Department of 

 Energy Safety Regulations

Sec. 234B. Civil Monetary Penalties For Violations of Department of 

 Energy Regulations Regarding Security of Classified or 

 Sensitive Information or Data

Sec. 235. Protection of Nuclear Inspectors 

Sec. 236. Sabotage of Nuclear Facilities or Fuel 

Sec. 241. Transfer of Property 

Sec. 242. Cold Standby 

Sec. 243. Scholarship and Fellowship Program 

Sec. 244. Partnership Program with Institutions of Higher Education 

Sec. 261. Appropriations 

Sec. 271. Agency Jurisdiction 

Sec. 272. Applicability of Federal Power Act 

Sec. 273. Licensing of Government Agencies 

Sec. 274. Cooperation With States 

Sec. 275. Health and Environmental Standards for Uranium Mill 

 Tailings

Sec. 276. State Authority to Regulate Radiation Below Level of 

 Regulatory Concern of Nuclear Regulatory Commission

Sec. 301. Joint Committee on Atomic Energy Abolished 

Sec. 303. Information and Assistance to Congressional Committees 

Sec. 311. Establishment 

Sec. 312. Functions of the Board 

Sec. 313. Powers of Board 

Sec. 314. Responsibilities of the Secretary of Energy 

Sec. 315. Board Recommendation 

Sec. 316. Reports 

Sec. 317. Judicial Review 

Sec. 318. Definition 

Sec. 319. Contract Authority Subject to Appropriations 

Sec. 320. Transmittal of Certain Information to Congress 

Sec. 321. Annual Authorization of Appropriations 

Sec. 1701. Gaseous Diffusion Facilities 

Sec. 1702. Licensing of Other Technologies 
Sec. 1801. Uranium Enrichment Decontamination and 

 Decommissioning Fund

Sec. 1802. Deposits 

Sec. 1803. Department Facilities 

Sec. 1804. Employee Provisions 

Sec. 1805. Reports to Congress 

Sec. 3102. Definitions 

Sec. 3103. Sale of the Corporation 

Sec. 3104. Method of Sale 

Sec. 3105. Establishment of Private Corporation 

Sec. 3106. Transfers to the Private Corporation 

Sec. 3107. Leasing of Gaseous Diffusion Facilities 

Sec. 3108. Transfer of Contracts 

Sec. 3109. Liabilities 

Sec. 3110. Employee Protections 

Sec. 3111. Ownership Limitations 

Sec. 3112. Uranium Transfers and Sales 

Sec. 3112A. Incentives for Additional Downblending of Highly

 Enriched Uranium by the Russian Federation

Sec. 3113. Low-level Waste 

Sec. 3114. AVLIS 

Sec. 3115. Application of Certain Laws 

3. Atomic Energy Act of 1954, 

Amended
3
Title I–Atomic Energy .........................................................................

Chapter 1–Declaration, Findings, and Purpose.................................

Sec. 1. Declaration................................................................................

Sec. 2. Findings.....................................................................................

Sec. 3. Purpose......................................................................................

Chapter 2–Definitions..........................................................................

Sec. 11. Definitions ...............................................................................

Chapter 3–Organization......................................................................

Sec. 23. Office........................................................................................

Sec. 24. General Manager, Deputy and Assistant General Manage

Sec. 25. Divisions, Offices, and Positions............................................

Sec. 26. General Advisory Committee ................................................

Sec. 27. Military Liaison Committee ..................................................

Sec. 28. Appointment of Army, Navy, or Air Force Officers............

Sec. 29. Advisory Committee on Reactor Safeguards.......................

Chapter 4–Research.............................................................................

Sec. 31. Research Assistance................................................................

Sec. 32. Research by the Commission.................................................

Sec. 33. Research for Others ...............................................................

Chapter 5–Production of Special Nuclear Material..........................

Sec. 41. Ownership and Operation of Production Facilities.............

Sec. 42. Irradiation of Materials .........................................................

Sec. 43. Acquisition of Production Facilities......................................

Sec. 44. Disposition of Energy .............................................................

Chapter 6–Special Nuclear Material ..................................................

Sec. 51. Special Nuclear Material........................................................

Sec. 53. Domestic Distribution of Special Nuclear Material.............

Sec. 54. Foreign Distribution of Special Nuclear Material ...............

Sec. 55. Acquisition ..............................................................................

Sec. 56. Guaranteed Purchase Prices..................................................

Sec. 57. Prohibition ..............................................................................

Sec. 58. Review......................................................................................

Chapter 7–Source Material.................................................................

Sec. 61. Source Material ......................................................................

Sec. 62. License for Transfers Required.............................................

Sec. 63. Domestic Distribution of Source Material............................

Sec. 64. Foreign Distribution of Source Material ..............................

Sec. 65. Reporting.................................................................................

Sec. 66. Acquisition ..............................................................................

Sec. 67. Operations on Lands Belonging to the United States..........

Sec. 68. Public and Acquired Lands...................................................

Sec. 69. Prohibition ..............................................................................

Chapter 8–Byproduct Material...........................................................

Sec. 8l. Domestic Distribution .............................................................

Sec. 82. Foreign Distribution of Byproduct Material........................

Sec. 83. Ownership and Custody of Certain Byproduct Material an

Disposable Sites......................................................................
Chapter 9–Military Application of Atomic Energy...........................

Sec. 91. Authority .................................................................................

Sec. 92. Prohibition ..............................................................................

Chapter 10–Atomic Energy Licenses .................................................

Sec. 101. License Required ..................................................................

Sec. 102. Utilization and Production Facilities for Industrial or 

Commercial Purposes ..........................................................

Sec. 103. Commercial Licenses............................................................

Sec. 104. Medical Therapy and Research and Development............

Sec. 105. Antitrust Provisions..............................................................

Sec. 106. Classes of Facilities...............................................................

Sec. 107. Operators’ Licenses..............................................................

Sec. 108. War or National Emergency................................................

Sec. 109. Component and Other Parts of Facilities...........................

Sec. 110. Exclusions..............................................................................

Sec. 111. Distribution by the Department of Energy.........................

Chapter 11–International Activities...................................................

Sec. 121. Effect of International Arrangements ................................

Sec. 122. Policies Contained in International Arrangements...........

Sec. 123. Cooperation with Other Nations.........................................

Sec. 124. International Atomic Pool....................................................

Sec. 125. Cooperation with Berlin.......................................................

Sec. 126. Export Licensing Procedures ..............................................

Sec. 127. Criteria Governing United States Nuclear Exports...........

Sec. 128. Additional Export Criterion and Procedures ....................

Sec. 129. Conduct Resulting in Termination of Nuclear Exports ....

Sec. 130. Congressional Review Procedures ......................................

Sec. 131. Subsequent Arrangements...................................................

Sec. 132. Authority to Suspend Nuclear Cooperation with Nations 

Have Not Ratified the Convention on the Physical Securi

Nuclear Material...................................................................

Sec. 133. Consultation with the Department of Defense Concerning 

Certain Exports and Subsequent Arrangements...............

Sec. 134. Further Restrictions on Exports..........................................

Chapter 12–Control of Information ...................................................

Sec. 141. Policy......................................................................................

Sec. 142. Classification and Declassification of Restricted Data ......

Sec. 143. Department of Defense Participation..................................

Sec. 144. International Cooperation ...................................................

Sec. 145. Restrictions............................................................................

Sec. 146. General Provisions................................................................

Sec. 147. Safeguards Information .......................................................

Sec. 148. Prohibition Against the Dissemination of Certain Unclass

Information ...........................................................................

Sec. 149. Fingerprinting for Criminal History Record Checks........

Chapter 13–Patents and Inventions....................................................

Sec. 151. Inventions Relating to Atomic Weapons, and Filing of Re

Sec. 152. Inventions Made or Conceived During Commission Cont

Sec. 153. Nonmilitary Utilization ........................................................
Sec. 156. Commission Patent Licenses................................................

Sec. 157. Compensation, Awards, and Royalties...............................

Sec. 158. Monopolistic Use of Patents.................................................

Sec. 159. Federally Financed Research...............................................

Sec. 160. Saving Clause........................................................................

Chapter 14–General Authority ...........................................................

Sec. 161. General Provisions................................................................

Sec. 161A. Use of Firearms by Security Personnel............................

Sec. 162. Contracts...............................................................................

Sec. 163. Advisory Committees...........................................................

Sec. 164. Electric Utility Contracts.....................................................

Sec. 165. Contract Practices................................................................

Sec. 166. Comptroller General Audit .................................................

Sec. 167. Claims Settlements ...............................................................

Sec. 168. Payments in Lieu of Taxes...................................................

Sec. 169. No Subsidy.............................................................................

Sec. 170. Indemnification and Limitation of Liability ......................

Sec. 170A. Conflicts of Interest Relating to Contracts and Other 

Arrangements .......................................................................

Sec. 170B. Uranium Supply.................................................................

Sec. 170C. Elimination of Pension Offset for Certain Rehired Fede

Retirees..................................................................................

Sec. 170D. Security Evaluations..........................................................

Sec. 170E. Design Basis Threat Rulemaking......................................

Sec. 170F. Recruitment Tools..............................................................

Sec. 170G. Expenses Authorized to be Paid by the Commission......

Sec. 170H. Radiation Source Protection.............................................

Sec. 170I. Secure Transfer of Nuclear Materials...............................

Chapter 15–Compensation for Private Property Acquired..............

Sec. 171. Just Compensation ...............................................................

Sec. 172. Condemnation of Real Property..........................................

Sec. 173. Patent Application Disclosures............................................

Sec. 174. Attorney General Approval of Title....................................

Chapter 16–Judicial Review and Administrative Procedure ...........

Sec. 181. General ..................................................................................

Sec. 182. License Applications.............................................................

Sec. 183. Terms of Licenses.................................................................

Sec. 184. Inalienability of Licenses......................................................

Sec. 185. Construction Permits and Operating Licenses ..................

Sec. 186. Revocation.............................................................................

Sec. 187. Modification of License ........................................................

Sec. 188. Continued Operation of Facilities.......................................

Sec. 189. Hearings and Judicial Review .............................................

Sec. 190. Licensee Incident Reports....................................................

Sec. 191. Atomic Safety and Licensing Board....................................

Sec. 192. Temporary Operating License ............................................

Sec. 193. Licensing of Uranium Enrichment Facilities .....................

Chapter 17–Joint Committee on Atomic Energy ..............................

Chapter 18–Enforcement ....................................................................
Sec. 223. Violation of Sections Generally ...........................................

Sec. 224. Communication of Restricted Data.....................................

Sec. 225. Receipt of Restricted Data ...................................................

Sec. 226. Tampering with Restricted Data.........................................

Sec. 227. Disclosure of Restricted Data ..............................................

Sec. 228. Statute of Limitations...........................................................

Sec. 229. Trespass on Commission Installations................................

Sec. 230. Photographing, etc., of Commission Installations..............

Sec. 231. Other Laws............................................................................

Sec. 232. Injunction Proceedings ........................................................

Sec. 233. Contempt Proceedings .........................................................

Sec. 234. Civil Monetary Penalties for Violations of Licensing 

Requirements........................................................................

Sec. 234A. Civil Monetary Penalties for Violations of Department 

Energy Safety Regulations...................................................

Sec. 234B. Civil Monetary Penalties for Violations of Department 

Energy Regulations Regarding Security of Classified or 

Sensitive Information or Data .............................................

Sec. 235. Protection of Nuclear Inspectors.........................................

Sec. 236. Sabotage of Nuclear Facilities or Fuel ................................

Chapter 19–Miscellaneous...................................................................

Sec. 241. Transfer of Property ............................................................

Sec. 242. Cold Standby.........................................................................

Sec. 243. Scholarship and Fellowship Program.................................

Sec. 244. Partnership Program with Institutions of Higher Educati

Sec. 251. Report to Congress [Repealed]............................................

Sec. 261. Appropriations......................................................................

Sec. 271. Agency Jurisdiction..............................................................

Sec. 272. Applicability of Federal Power Act.....................................

Sec. 273. Licensing of Government Agencies.....................................

Sec. 274. Cooperation with States.......................................................

Sec. 275. Health and Environmental Standards for Uranium Mill 

Tailings..................................................................................

Sec. 276. State Authority to Regulate Radiation Below Level of 

Regulatory Concern of Nuclear Regulatory Commission.

Sec. 281. Separability ...........................................................................

Sec. 291. Short Title .............................................................................

Chapter 20–Joint Committee on Atomic Energy Abolished; Funct

and Responsibilities Reassigned..........................................

Sec. 301. Joint Committee on Atomic Energy Abolished..................

Sec. 302. Transfer of Certain Functions of the Joint Committee on 

Atomic Energy and Conforming Amendments to Certain 

Other Laws............................................................................

Sec. 303. Information and Assistance to Congressional Committee

Chapter 21–Defense Nuclear Facilities Safety Board .......................

Sec. 311. Establishment........................................................................

Sec. 312. Functions of the Board.........................................................

Sec. 313. Powers of Board....................................................................

Sec. 314. Responsibilities of the Secretary of Energy........................
Sec. 317. Judicial Review .....................................................................

Sec. 318. Definition...............................................................................

Sec. 319. Contract Authority Subject to Appropriations..................

Sec. 320. Transmittal of Certain Information to Congress...............

Sec. 321. Annual Authorization of Appropriations...........................

Title II–United States Enrichment Corporation................................

Chapter 22–General Provisions..........................................................

Sec. 1201. Definitions ...........................................................................

Sec. 1202. Purposes ..............................................................................

Chapter 23–Establishment, Powers, and Organization of Corpora

(Repealed)...............................................................................

Sec. 1301. Establishment of the Corporation.....................................

Sec. 1302. Corporate Offices ...............................................................

Sec. 1303. Powers of the Corporation.................................................

Sec. 1304. Board of Directors..............................................................

Sec. 1305. Employees of the Corporation...........................................

Sec. 1306. Audits...................................................................................

Sec. 1307. Annual Reports...................................................................

Sec. 1308. Accounts..............................................................................

Sec. 1309. Obligations..........................................................................

Sec. 1310. Exemption from Taxation and Payments in Lieu of Tax

Sec. 1311. Cooperation with Other Agencies.....................................

Sec. 1312. Applicability of Certain Federal Laws .............................

Sec. 1313. Security................................................................................

Sec. 1314. Control of Information.......................................................

Sec. 1315. Transition............................................................................

Sec. 1316. Working Capital Account..................................................

Chapter 24–Rights, Privileges, and Assets of the Corporation ........

Sec. 1401. Marketing and Contracting Authority .............................

Sec. 1402. Pricing..................................................................................

Sec. 1403. Leasing of Gaseous Diffusion Facilities of Department...

Sec. 1404. Capital Structure of Corporation......................................

Sec. 1405. Patents and Inventions.......................................................

Sec. 1406. Liabilities.............................................................................

Sec. 1407. Transfer of Uranium Inventories......................................

Sec. 1408. Purchase of Highly Enriched Uranium from Former So

Union ...................................................................................

Chapter 25–Privatization of the Corporation....................................

Sec. 1501. Strategic Plan for Privatization.........................................

Sec. 1502. Privatization........................................................................

Chapter 26–AVLIS and Alternative Technologies for Uranium 

Enrichment .........................................................................

Sec. 1601. Assessment by United States Enrichment Corporation ..

Sec. 1602. Transfer of Rights and Property to United States Enrich

Corporation...........................................................................

Sec. 1603. Predeployment Activities by United States Enrichment 

Corporation...........................................................................
Alternative Technologies for Uranium Enrichment..........

Sec. 1605. AVLIS Commercialization Fund Within United States 

Enrichment Corporation .....................................................

Sec. 1606. Department Research and Development Assistance .......

Sec. 1607. Site Selection .......................................................................

Sec. 1608. Exclusion from Price-Anderson Coverage .......................

Chapter 27–Licensing and Regulation of Uranium Enrichment 

Facilities..................................................................................

Sec. 1701. Gaseous Diffusion Facilities...............................................

Sec. 1702. Licensing of Other Technologies.......................................

Sec. 1703. Regulation of Restricted Data............................................

Chapter 28–Decontamination and Decommissioning .......................

Sec. 1801. Uranium Enrichment Decontamination and 

Decommissioning Fund........................................................

Sec. 1802. Deposits................................................................................

Sec. 1803. Department Facilities.........................................................

Sec. 1804. Employee Provisions...........................................................

Sec. 1805. Reports to Congress ...........................................................

Title III–Rescissions and Offsets.........................................................

Chapter 1–Energy and Water Development Uranium Enrichment 

Capacity ..................................................................................

Subchapter A–United States Enrichment Corporation Privatizatio

Sec. 3101. Short Title ...........................................................................

Sec. 3102. Definitions ...........................................................................

Sec. 3103. Sale of the Corporation ......................................................

Sec. 3104. Method of Sale ....................................................................

Sec. 3105. Establishment of Private Corporation..............................

Sec. 3106. Transfers to the Private Corporation ...............................

Sec. 3107. Leasing of Gaseous Diffusion Facilities ............................

Sec. 3108. Transfer of Contracts.........................................................

Sec. 3109. Liabilities.............................................................................

Sec. 3110. Employee Protections.........................................................

Sec. 3111. Ownership Limitations.......................................................

Sec. 3112. Uranium Transfers and Sales............................................

Sec. 3112A. Incentives for Additional Downblending of Highly 

Enriched Uranium by the Russian Federation ..................

Sec. 3113. Low-Level Waste ................................................................

Sec. 3114. AVLIS..................................................................................

Sec. 3115. Application of Certain Laws..............................................
August 30, 1954

Title I–Atomic Energy

Chapter 1–Declaration, Findings, and Purpo

Sec. 1. Declaration

Atomic energy is capable of application for peaceful as w

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

a. the development, use, and control of atomic energy sh

so as to make the maximum contribution to the general welf

all times to the paramount objective of making the maximum 

to the common defense and security; and

b. the development, use, and control of atomic energy sh

so as to promote world peace, improve the general welfare

standard of living, and strengthen free competition in privat

Sec. 2. Findings

The Congress of the United States hereby makes the follo

concerning the development, use and control of atomic ener

a. The development, utilization, and control of atom

military and for all other purposes are vital to the commo

security. –

c.3 The processing and utilization of source, byproduc

nuclear material affect interstate and foreign commerce 

regulated in the national interest.

d. The processing and utilization of source, byproduc

nuclear material must be regulated in the national interest a

provide for the common defense and security and to protect 

safety of the public.

e. Source and special nuclear material, production 

utilization facilities are affected with the public interest, and 

the United States of the production and utilization of atomic 

the facilities used in connection therewith is necessary in 

interest to assure the common defense and security and to pro

and safety of the public.

––––––––

1 Added by P.L. 102–486, 106 Stat. 2943 (1992). 2 PL. 88–489, § 20, 78 Stat. 602 (1964), the Private Ownership of Spec

Materials Act, reads as follows:

Nothing in this Act shall be deemed to diminish existing authority of 

States, or of the Atomic Energy Commission under the Atomic Energ

amended to regulate source, byproduct, and special nuclear material a

and utilization facilities or to control such materials and facilities exp

United States by imposition of governmental guarantees and security 

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

health and safety of the public, or to reduce the responsibility of the A

Commission to achieve such objectives. 3 Amended by P.L. 88–489, § 1, 78 Stat. 602 (1964), which deleted sub

Subsection 2b read as follows:

b. In permitting the property of the United States to be used by others 

be regulated in the national interest and in order to provide for the co

and security and to protect the health and safety of the public.

42 USC 2011.

42 USC 2012.
ppp

interstate commerce for the purposes of this Act.

g. Funds of the United States may be provided for the dev

use of atomic energy under conditions which will provide fo

defense and security and promote the general welfare.

i.4

 In order to protect the public and to encourage the d

the atomic energy industry, in the interest of the general wel

common defense and security, the United States may make f

for a portion of the damages suffered by the public from nuc

and may limit the liability of those persons liable for such lo

Sec. 3. Purpose

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

providing for–

a. A program of conducting, assisting, and fostering 

development in order to encourage maximum scientific 

progress;

b. A program for the dissemination of unclassified 

technical information and for the control, dissem

declassification of Restricted Data, subject to appropriate saf

to encourage scientific and industrial progress;

c. A program for Government control of the possess

production of atomic energy and special nuclear material, w

by the Government or others, so directed as to make t

contribution to the common defense and security and the na

and to provide continued assurance of the Government’s a

into and enforce agreements with nations or groups of n

control of special nuclear materials and atomic weapons.6

d. A program to encourage widespread particip

development and utilization of atomic energy for peaceful p

maximum extent consistent with the common defense and 

with the health and safety of the public;

e. A program of international cooperation to promote 

defense and security and to make available to cooperatin

benefits of peaceful applications of atomic energy as widely 

technology and considerations of the common defense and 

permit; and

f. A program of administration which will be consis

foregoing policies and programs, with international arran

with agreements for cooperation, which will enable the C

currently informed so as to take further legislative actio

appropriate.

––––––––

4 Amended by P.L. 88–489, § 2, 78 Stat. 602 (1964), which deleted sub

Subsection 2h read as follows:

h. It is essential to the common defense and security that title to all sp

material be in the United States while such special nuclear material is 

United States. 5 Added by P.L. 85–256, § 1, 71 Stat. 576 (1957). 6 Amended by P.L. 88–489, § 3, 78 Stat. 602 (1964). Before amendme

follows:

c. A program for Government control of the possession, use, and prod

energy and special nuclear material so directed as to make the maxim

to the common defense and security and the national welfare;

42 USC 2013.
The intent of Congress in the definitions as given in this 

be construed from the words or phrases used in the definitio

this Act:

a. The term "agency of the United States" means the exe

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

of the United States, or any agency, committee, commiss

other establishment in the legislative branch, or the judicial 

United States, or any office, agency, committee, commis

establishment in the judicial branch.

b. The term "agreement for cooperation" means any ag

another nation or regional defense organization authorized o

sections 54, 57, 64, 82, 91c., 103, 104, or 144, and made purs

123.7

c. The term "atomic energy" means all forms of energy r

course of nuclear fission or nuclear transformation.

d. The term "atomic weapon" means any device uti

energy, exclusive of the means for transporting or propelli

(where such means is a separable and divisible part of th

principal purpose of which is for use as, or for development 

a weapon prototype, or a weapon test device.

e. The term "byproduct material" means–

(1) any radioactive material (except special nuc

yielded in or made radioactive by exposure to the radiat

the process of producing or utilizing special nuclear mat

(2) the tailings or wastes produced by the 

concentration of uranium or thorium from any ore proce

for its source material content;

(3)(A) any discrete source of radium–226 that 

extracted, or converted after extraction, before, on, or a

2005, for use for a commercial, medical, or research acti

(B) any material that–

(i) has been made radioactive by use of a partic

and

(ii) is produced, extracted, or converted after extr

on, or after the date of enactment of this paragraph 

commercial, medical, or research activity; and

(4) any discrete source of naturally occurring radioa

other than source material, that –

(A) the Commission, in consultation with the Admin

Environmental Protection Agency, the Secretary of 

Secretary of Homeland Security, and the head of any oth

Federal agency, determines would pose a threat simila

posed by a discrete source of radium–226 to the pub

safety or the common defense and security; and

(B) before, on, or after August 8, 2005 is extracte

after extraction for use in a commercial, medica

activity.8

––––––––

7 Amended by P.L. 87–206, § 2, 75 Stat. 475 (1961). 8 Amended by P.L. 109–58, § 651(e)(1), 119 Stat. 806 (2005), which r

subsection (e) of § 11 (“Definitions”) of the Atomic Energy Act of 19

USC 

Agency of the 

U.S.

Agreement for 

cooperation.

Atomic 

weapon.

Atomic energy.

Byproduct 

material.
subsection (e) read as follows:

(e) The term ‘byproduct material’ means (1) any radioactive mater

special nuclear material) yielded in or made radioactive by exposure 

radiation incidentto the process of producing or utilizing special nuc

material, and (2) the tailings or wastes produced by the extraction or 

concentration of uranium or thorium from any ore processed primar

source material content.

NOTE: P.L. 109–58 (119 Stat. 808), section 651(e)(4) and (5), added 

relating to the material added to the Atomic Energy Act by paragraph

section 11e. of the Act:

(4) FINAL REGULATIONS.– (A) REGULATIONS.–

Deadline. (i) IN GENERAL.–Not later than 18 months afte

of enactment of this Act, the Commission, after consultation with St

other stakeholders, shall issue final regulations establishing such req

as the Commission determines to be necessary to carry out this secti

amendments made by this section.

(ii) INCLUSIONS.–The regulations shall include a definition of th

“discrete source ” for purposes of paragraphs (3) and (4) of section 

Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) (as amended by 

paragraph (1)).

(B) COOPERATION.–In promulgating regulations under paragrap

Commission shall, to the maximum extent practicable– (i) cooperate with States; and

(ii) use model State standards in existence on the date of enactmen

Act.

(C) TRANSITION PLAN.– (i) DEFINITION OF BYPRODUCT MATERIAL.–In this paragrap

term ‘byproduct material’ has the meaning given the term in paragra

and (4) of section 11e. of the Atomic Energy Act of 1954 (42 U.S.C

(as amended by paragraph (1)).

(ii) PREPARATION AND PUBLICATION.–To facilitate an order

transition of regulatory authority with respect to byproduct material

Commission, in issuing regulations under subparagraph (A), shall p

publish a transition plan for– (I) States that have not, before the date on which the plan is publish

entered into an agreement with the Commission under section 274b

Atomic Energy Act of 1954 (42 U.S.C. 2021(b)); and

(II) States that have entered into an agreement with the Commissio

that section before the date on which the plan is published.

(iii) INCLUSIONS.—The transition plan under clause (ii) shall inc

(I) a description of the conditions under which a State may exercise 

over byproduct material; and

(II) a statement of the Commission that any agreement covering by

material, as defined in paragraph (1) or (2) of section 11e. of the Ato

Energy Act of 1954 (42 U.S.C. 2014(e)), entered into between the 

Commission and a State under section 274b. of that Act (42 U.S.C. 

before the date of publication of the transition plan shall be consider

include byproduct material, as defined in paragraph (3) or (4) of sec

of that Act (42 U.S.C. 2014(e)) (as amended by paragraph (1)), if th

Governor of the State certifies to the Commission on the date of pub

the transition plan that– (aa) the State has a program for licensing byproduct material, as de

paragraph (3) or (4) of section 11e. of the Atomic Energy Act of 195

adequate to protect the public health and safety, as determined by th

Commission; and

(bb) the State intends to continue to implement the regulatory respo

of the State with respect to the byproduct material.

(D) AVAILABILITY OF RADIOPHARMACEUTICALS.–In pro

regulations under subparagraph (A), the Commission shall consider 

on the availability of radiopharmaceuticals to–

(i) physicians; and

(ii) patients the medical treatment of which relies on radiopharmace

(5) WAIVERS.– (A) IN GENERAL.–Except as provided in subparagraph (B), the 

Commission may grant a waiver to any entity of any requirement un
y 

h. The term "defense information" means any inform

category determined by any Government agency authoriz

information, as being information respecting, relating to, o

national defense.

i. The term "design" means (1) specifications, pla

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

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

information contained therein.

j. The term "extraordinary nuclear occurrence" mea

causing a discharge or dispersal of source, special nuclear

material from its intended place of confinement in amoun

causing radiation levels off-site, which the Nuclea

Commission or the Secretary of Energy, as appropriate, de

substantial, and which the Nuclear Regulatory Comm

Secretary of Energy, as appropriate determines has res

probably result in substantial damages to persons off-site or 

site. Any determination by the Nuclear Regulatory Comm

Secretary of Energy, as appropriate, that such an event ha

occurred shall be final and conclusive, and no other officia

shall have power or jurisdiction to review any such deter

Nuclear Regulatory Commission or the Secretary of 

appropriate, shall establish criteria in writing setting forth t

which such determination shall be made. As used in this sub

site" means away from "the location" or "the contract locati

in the applicable Nuclear Regulatory Commission or the 

Energy, as appropriate, indemnity agreement, entered int

section 170.9

–––––––– section or an amendment made by this section with respect to a matt

to byproduct material (as defined in paragraphs (3) and (4) of sectio

the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) (as amended by 

paragraph (1)) if the Commission determines that the waiver is in ac

with the protection of the public health and safety and the promotion 

common defense and security.–

 (B) EXCEPTIONS.–

(i) IN GENERAL.–The Commission may not grant a waiver under 

subparagraph (A) with respect to–

(I) any requirement under the amendments made by subsection (c)(

(II) a matter relating to an importation into, or exportation from, th

States for a period ending after the date that is 1 year after the date o

enactment of this Act; or

(III) any other matter for a period ending after the date that is 4 yea

date of enactment of this Act.

(ii) WAIVERS TO STATES.–The Commission shall terminate any 

granted to a State under subparagraph (A) if the Commission determ

(I) the State has entered into an agreement with the Commission un

section 274b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)

(II) the agreement described in subclause (I) covers byproduct mat

described in paragraph (3) or (4) of section 11e. of the Atomic Ener

1954 (42 U.S.C. 2014(e)) (as amended by paragraph (1)); and

(III) the program of the State for licensing such byproduct material 

adequate to protect the public health and safety.

(C) PUBLICATION–The Commission shall publish in the Federal 

notice of any waiver granted under this subsection. 9 Added by P.L. 89–645, § 1, 80 Stat. 891 (1966).

y

Design.

Defense 

information.

Extraordinary 

nuclear 

occurrence.
g g g

l. The term "Government agency" means any executiv

commission, independent establishment, corporation, wh

owned by the United States of America which is an instrum

United States, or any board, bureau, division, service, o

authority, administration, or other establishment in the execu

the Government.

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

obligations under a policy of insurance furnished as proo

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

under any other form of financial protection, with res

obligations; and (3) the Nuclear Regulatory Commission or 

of Energy, as appropriate, with respect to any obligation un

in an indemnity agreement entered into pursuant to section 

n. The term "international arrangement" means any 

agreement hereafter approved by the Congress or any treaty d

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

any agreement for cooperation.

o. Energy Committees’ means the Committee on Energ

Resources of the Senate and the Committee on Energy and 

the House of Representatives.12

p. The term "licensed activity" means an activity licens

this Act and covered by the provisions of section 170a.13

q. The term "nuclear incident" means any occurrence

extraordinary nuclear occurrence,14 within the United S

within or outside the United States, bodily injury, sickne

death, or loss of or damage to property, or loss of use of pro

out of or resulting from the radioactive, toxic, explos

hazardous properties of source, special nuclear, or bypro

Provided, however, That as the term is used in section 1

include any such occurrence outside of the United States: 

further, That as the term is used in section 170d., it shall inc

occurrence outside the United States if such occurrence inv

special nuclear, or byproduct material owned by, and use

contract with, the United States: and provided further, That 

used in section 170c., it shall include any such occurrence ou

United States and any other nation if such occurrence ar

results from the radioactive, toxic, explosive, or other hazard

of source, special nuclear, or byproduct material license

Chapters 6, 7, 8, and 10 of this Act, which is used in conne

operation of a licensed stationary production utilization fac

moves outside the territorial limits of the United States in tr

person licensed by the Nuclear Regulatory Commission to a

licensed by the Nuclear Regulatory Commission.15

––––––––

10 Added by P.L. 85–256, § 3, 71 Stat. 576 (1957). 11 Added by P.L. 89–645, § 1, 80 Stat. 891 (1966). 12 Added by P.L. 103–437, § 15(f)(1), 108 Stat. 4581 (1994) to reflect t

of congressional committees. 13 Added by P.L. 85–256, § 3, 71 Stat. 576 (1957). 14 Amended by P.L. 89–645, § 1, 80 Stat. 891 (1966). 15 Added by P.L. 85–256, § 3, 71 Stat. 576 (1957). Before amendment b

80 Stat. 891 (1966) (see footnote 9 above), the subsection was amended by 

§ 4, 76 Stat. 409 (1962). Before amendment, it read as follows:

Government 

agency.

Indemnitor.

International 

arrangement.

Congressional 

Committee.

Nuclear 

incident.

Licensed 

activity.

42 USC 2091.

42 USC 2111.

42 USC 2121.

42 USC 2151.
p() y , 

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

group, Government agency other than the Commission, an

political subdivision of, or any political entity within a Stat

government or nation or any political subdivision of any suc

or nation, or other entity; and (2) any legal successor, represe

or agency of the foregoing.

t. The term "person indemnified" means (1) with respec

incident occurring within the United States or outside the U

the term is used in section 170c., and with respect to any nu

in connection with the design, development, constructio

repair, maintenance, or use of the nuclear ship Savannah, th

whom an indemnity agreement is executed or who is requir

financial protection, and any other person who may be lia

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

the United States, the person with whom an indemnity 

executed and any other person who may be liable for publ

reason of his activities under any contract with the Secretary 

any project to which indemnification under the provisions of 

has been extended or under any subcontract, purchase o

agreement, of any tier, under any such contract or project.16

u. The term "produce", when used in relation to sp

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

nuclear material; (2) to separate special nuclear materi

substances in which such material may be contained; or (3) 

produce new special nuclear material.

v.17 The term "production facility" means (1) any equipm

determined by rule of the Commission to be capable of the 

special nuclear material in such quantity as to be of signi

common defense and security, or in such manner as to affect 

safety of the public; or (2) any important component p

designed for such equipment or device as determined by the 

Except with respect to the export of a uranium enrichme

––––––––

o. The term “nuclear incident” means any occurrence within the United Sta

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

of property, arising out of or resulting from the radioactive, toxic, explosiv

hazardous properties of source, special nuclear, or byproduct material; Pro

That as the term is used in subsection 170.1., it shall mean any such occurr

the United States rather than within the United States.

P.L. 84–197 (89 Stat. 1111) (1975), section 1, amended the second proviso 

subsection 11q. Before amendment, the proviso read as follows: 

And provided further, That as the term is used in section 170d., it shall incl

occurrence outside of the United States if such occurrence involves a facili

owned by, and used by or under contract with, the United States.

16 Added by P.L. 85–256, § 3, 71 Stat. 576 (1957). P.L. 87–615, § 5, 76 

amended the subsection. Before amendment, it read as follows:

r. The term “person indemnified” means the person with whom an indemn

executed and any other person who may be liable for public liability.

P.L. 94–197 (89 Stat. 1111) (1975), section 1, amended subsection 11t. as 

By adding the phrases “or outside the United States as the term is used in s

and “or who is required to maintain financial protection.” to the definition 

person “indemnified.”

17 Amended by P.L. 101–575, § 5(a), 104 Stat. 2834 (1990).

Person.

Person 

indemnified.

Production 

facility.
qp) ppg p

or enriching uranium in the isotope 235.20

w. The term "public liability"21 means any legal liability 

or resulting from a nuclear incident or precautionary evacuat

all reasonable additional costs incurred by a State, or politic

of a State, in the course of responding to a nuclear incident or 

evacuation) except: (i) claims under State or Federa

compensation acts of employees or persons indemnified who 

at the site of and in connection with the activity where the nu

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

subsections a., c., and k., of section 170, claims for loss of, 

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

activity where the nuclear incident occurs. "Public liability" 

damage to property of persons indemnified: Provided, That 

is covered under the terms of the financial protection req

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

activity where the nuclear incident occurs.

x. The term "research and development" means (1) theore

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

findings and theories of a scientific or technical nature 

application for experimental and demonstration purposes, 

experimental production and testing of models, device

materials, and processes.

y. The term "restricted data" means all data concernin

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

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

production of energy, but shall not include data declassifie

from the Restricted Data category pursuant to section 142.

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

material which is determined by the Commission pur

provisions of section 61 to be source material; or (2) ores c

or more of the foregoing materials, in such concent

Commission may by regulation determine from time to time

aa. The term "special nuclear material" means (1) pluton

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

which the Commission, pursuant to the provisions o

determines to be special nuclear material, but does not i

––––––––

18 Amended by P.L. 102–486, 106 Stat. 2955 (1992). Before amendmen

sentence read as follows:

Except with respect to the export or a uranium enrichment production 

term as used in Chapters 10 and 16 shall not include any equipment o

important component part especially designed for such equipment or 

of separating the isotopes of uranium or enriching uranium in the isot

19 Amended by P.L. 104–134, 110 Stat. 1321–349 (1996). 20 Amended by P.L. 104–134, Title III, § 3116(b)(1), 110 Stat. 1321–34

21 Added by P.L. 85–256, § 3, 71 Stat. 576 (1957). P.L. 87–206, § 3, 75 

amended the subsection. Before amendment, it read as follows:

u. The term “public liability” means any legal liability arising out of 

a nuclear incident, except claims under State or Federal Workmen’s C

Acts of employees or persons indemnified who are employed at the s

connection with the activity where the nuclear incident occurs, and ex

arising out of an act of war. “Public liability” also included damage t

persons indemnified: Provided, That such property is covered under t

financial protection required, except property which is located at the 

in connection with the activity where the nuclear incident occurs.

Public liability.

Research and 

development.

Source 

material.

Restricted Data.

Special nuclear

material.
gg

includes all territories and possessions of the United States, t

and Puerto Rico.22

cc. The term "utilization facility" means (1) any equipm

except an atomic weapon, determined by rule of the Com

capable of making use of special nuclear material in such qu

of significance to the common defense and security, or in su

to affect the health and safety of the public, or peculiarl

making use of atomic energy in such quantity as to be of s

the common defense and security, or in such manner as to af

and safety of the public; or (2) any important component p

designed for such equipment or device as determined by the 

dd.23 The terms "high-level radioactive waste" and "spen

have the meanings given such terms in section 2 of the N

Policy Act of 1982 (42 USC 10101).

ee. The term "transuranic waste" means material conta

elements that have an atomic number greater than 92, includi

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

than 10 nano-curies per gram, or in such other concent

Nuclear Regulatory Commission may prescribe to protect th

and safety.

ff. The term "nuclear waste activities", as used in sectio

activities subject to an agreement of indemnification under 

of such section, that the Secretary of Energy is authorized 

under this Act or any other law, involving the stora

transportation, treatment, or disposal of, or research and de

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

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

the Waste Isolation Pilot Project under section 213 of Publi

(93 Stat. 1265).

gg. The term "precautionary evacuation" means an eva

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

route in the case of an accident involving transportation of so

special nuclear material, byproduct material, high-level radi

spent nuclear fuel, or transuranic waste to or from a 

utilization facility, if the evacuation is–

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

but that poses imminent danger of bodily injury or pro

from the radiological properties of source material, sp

material, byproduct material, high-level radioactive 

nuclear fuel, or transuranic waste, and causes an evacuat

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

State, who is authorized by State law to initiate such an e

who reasonably determined that such an evacuation wa

protect the public health and safety.

hh. The term "public liability action", as used in sectio

any suit asserting public liability. A public liability action sh

to be an action arising under section 170, and the substan

––––––––

22 Amended by P.L. 84–1006, § 1, 70 Stat. 1069 (1956). Before amendm

follows: 

“u. The term “United States” when used in a geographical sense, incl

territories and possessions of the United States, and the Canal Zone.” 23 Amended by P.L. 100–408, 102 Stat. 1066 (1988), which added subs

Utilization 

facility.
p

jj. Legal Costs.–As used in section 170, the term "legal 

the costs incurred by a plaintiff or a defendant in initiating

investigating, settling, or defending claims or suits for da

under such section.

Chapter 3–Organization

Sec. 23. Office

The principal office of the Commission shall be in or ne

of Columbia, but the Commission or any duly authorized 

may exercise any or all of its powers in any place; 

Commission shall maintain an office for the service of proc

within the District of Columbia.24

––––––––

24 Amended by P.L. 93–438, § 104(a), 88 Stat. 1233 (1974), repealed se

section 22. Before repeal, section 21 read as follows:

Sec. 21. Atomic Energy Commission.–There is hereby established an 

Commission, which shall be composed of five members, each of who

citizen of the United States. The President shall designate one membe

Commission as Chairman thereof to serve as such during the pleasure 

The Chairman may from time to time designate any other member of 

as Acting Chairman to act in the place and stead of the Chairman dur

The Chairman (or the Acting Chairman in the absence of the Chairm

at all meetings of the Commission and a quorum for the transaction o

consist of at least three members present. Each member of the Comm

the Chairman, shall have equal responsibility and authority in all dec

of the Commission, shall have full access to all information relating t

performance of his duties or responsibilities, and shall have one vote.

Action of the Commission shall be determined by a majority vote of 

present. The Chairman (or Acting Chairman in the absence of the Ch

the official spokesman of the Commission in its relations with the Co

Government agencies, persons or the public, and on behalf of the Com

see to the faithful execution of the policies and decisions of the Comm

report thereon to the Commission from time to time or as the Commi

The Commission shall have an official seal which shall be judicially 

P.L. 84–337, § 3, 69 Stat. 630 (1955), had previously amended the fi

§ 21. Before amendment, this sentence read as follows:

Each member of the Commission, including the Chairman, sha

responsibility and authority in all decisions and actions of the Comm

have one vote.

Prior to repeal, § 22 read as follows:

Sec. 22. Members.–– a. Members of the Commission shall be appointed by the President, b

advice and consent of the Senate. In submitting any nomination to th

President shall set forth the experience and qualifications of the nomi

office of each member of the Commission taking office after June 30

five years, except that (1) the terms of office of the members first tak

June 30, 1950, shall expire, as designated by the President at the time 

appointment, one at the end of one year, one at the end of two years, 

three years, one at the end of four years, and one at the end of five ye

June 30, 1950: and (2) any member appointed to fill a vacancy occurr

expiration of the term for which his predecessor was appointed, shall 

the remainder of such term. Any member of the Commission may be 

President for inefficiency, neglect of duty, or malfeasance in office.

b. No member of the Commission shall engage in any business, voca

employment other than that of serving as a member of the Commissio

P.L. 88–426 (78 Stat. 400) (1964), section 305(10)(A) previously am

section 22a. by repealing the last sentence, which read:

Each member, except the Chairman, shall receive compensation at th

per annum; and the member designated as Chairman shall receive com

rate of $22,500 per annum.

42 USC 2033.
g, 

Commission, and who shall discharge such of the admi

executive functions of the Commission as the Commission m

General Manager shall be appointed by the Commission, sh

pleasure of the Commission, and shall be removable by the C

b. A Deputy General Manager, who shall act in the stead 

Manager during his absence when so directed by the General 

who shall perform such other administrative and executive fu

General Manager shall direct. The Deputy General Man

appointed by the General Manager with the approval of the 

shall serve at the pleasure of the General Manager, and shall 

by the General Manager.27

c. Assistant General Managers, or their equivalents (no

total of three positions), who shall perform such admi

executive functions as the General Manager shall direct. 

appointed by the General Manager with the approval of the 

shall serve at the pleasure of the General Manager, and shall 

by the General Manager.28

Sec. 25. Divisions, Offices, and Positions

There is hereby established within the Commission:29

a. A Division of Military Application and such other prog

(not to exceed ten in number) as the Commission may de

necessary to the discharge of its responsibilities, including 

divisions the primary responsibilities of which include the 

and application of civilian uses of atomic energy. The Divisi

Application shall be under the direction of an Assistant Gen

for Military Application, who shall be appointed by the Co

shall be an active commissioned officer of the Armed For

general or flag officer rank or grade, as appropriate. Each 

division shall be under the direction of a Director who shal

by the Commission. The Commission shall require each su

exercise such of the Commission’s administrative and execu

the Commission may determine;30

–––––––– P.L. 85–287 (71 Stat. 612) (1957), section 1, had amended that senten

substituting $22,000 for $18,000, and by substituting $22,500 for $20

25 Amended by P.L. 85–287, § 2, 71 Stat. 612 (1957). Before amendme

read as follows:

Sec. 24. General Manager.–There is hereby established within the Co

General Manager, who shall discharge such of the administrative and 

functions of the Commission as the Commission may direct. The Gen

shall be appointed by the Commission, shall serve at the pleasure of t

shall be removable by the Commission, and shall receive compensati

determined by the Commission, but not in excess of $20,000 per annu

26 Amended by P.L. 88–426, § 306(f), 78 Stat. 400 (1964). 27 Amended by P.L. 88–426, § 306(f), 78 Stat. 400 (1964). 28 Amended by P.L. 88–426, § 306(f), 78 Stat. 400 (1964). 29 Amended by P.L. 85–287, § 3, 71 Stat. 612 (1957). 30 Amended by P.L. 90–190, section 5, 81 Stat. 575 (1967). Before ame

section 25a read as follows:

a. A Division of Military Application and such other program divisio

ten in number) as the Commission may determine to be necessary to 

its responsibilities, including a division or divisions the primary respo

which include the development and application of civilian uses of ato

such division shall be under the direction of a Director who shall be a

Commission. The Director of the Division of Military Application sh

42 USC 2035.

Assistant 

General 

Manager for 

Military 

Application.

Divisions and 

offices.

Program 

divisions.
p

be appointed by the Commission.32 The Inspection Div

responsible for gathering information to show whethe

contractors, licensees, and officers and employees of the Co

complying with the provisions of this Act (except those 

which the Federal Bureau of Investigation is respons

appropriate rules and regulations of the Commission.

d. such other executive management positions (not to 

number) as the Commission may determine to be nec

discharge of its responsibilities. Such positions shall be esta

General Manager with the approval of the Commission. 

appointed by the General Manager with the approval of the 

shall serve at the pleasure of the General Manager, and shall 

by the General Manager.33

Sec. 26. General Advisory Committee

(Repealed34)

Sec. 27. Military Liaison Committee

(Repealed35)

Sec. 28. Appointment of Army, Navy, or Air Force Offic

Notwithstanding the provisions of any other law, the 

Army, Navy, or Air Force serving as Assistant General 

Military Application shall serve without prejudice to his 

status as such officer. Any such officer serving as Assi

Manager for Military Application shall receive in addition 

allowances, including special and incentive pays, for w

allowances the Commission shall reimburse his service, an 

to the difference between such pay and allowances, includin

incentive pays, and the compensation established for th

–––––––– member of the Armed Forces. The Commission shall require each su

exercise such of the Commission’s administrative and executive pow

Commission may determine.

P.L. 88–426 (78 Stat. 400) (1964), section 306(f), earlier had amende

sentence of section 25a. by deleting the last part, which read: “and sh

compensation at a rate determined by the Commission, but not in exc

per annum.” 

P.L. 85–287 (71 Stat. 612) (1957), section 3, had amended that senten

substituting $19,000 for $16,000. 31 Amended by P.L. 88–426, § 306(f), 78 Stat. 400 (1964), which amen

by deleting the last part, which read as follows: “and shall receive com

rate determined by the Commission, but not in excess of $19,500 per 

P.L. 85–287, section 3, 71 Stat. 612 (1957), had amended section 25b 

$19,500 for $16,000. 32 Amended by P.L. 88–426, § 306(f), 78 Stat. 400 (1964), which amen

sentence of section 25c by deleting the last part, which read as follow

receive compensation at a rate determined by the Commission, but no

$19,000 per annum.” P.L. 85–287, section 3, 71 Stat. 612 (1957), had 

sentence by substituting $19,000 for $16,000. 33 Added by P.L. 85–287, § 3, 71 Stat. 612 (1957). P.L. 88–426, § 306(

(1964), amended the last sentence of this subsection by inserting “and

before “shall be removable by the General Manager,” and by deleting 

the sentence, which read as follows: “and shall receive compensation 

determined by the General Manager, but not in excess of $19,000 per 

34 Repealed by P.L. 95–91, § 709(c)(1), 91 Stat. 608 (1977). 35 Repealed by P.L. 99–661, Div. C, Title I, Part C, section 3137(c), 100 

(1986). 36 Amended by P.L. 90–190, § 6, 81 Stat. 575 (1967). Prior to this amen

sentences read as follows:

Inspection 

Division.

42 USC 2038.

Chairman, 

Military 

Liaison 

Committee.
y pj

as such officer. Any such active officer serving as Chairman 

Liaison Committee shall receive, in addition to his pay an

including special and incentive pays, an amount equal to 

between such pay and allowances, including special and in

and the compensation fixed for such Chairman. Any such 

serving as Chairman of the Military Liaison Committee sh

compensation fixed for such Chairman and his retired pay.3

Sec. 29. Advisory Committee on Reactor Safeguards

There is hereby established an Advisory Committe

Safeguards consisting of a maximum of fifteen members ap

Commission for terms of four years each. The Committee 

safety studies and facility license applications referred to it a

reports thereon, shall advise the Commission with regard to 

proposed or existing reactor facilities and the adequacy of pro

safety standards, and shall perform such other duties as the 

may request. One member shall be designated by the Com

Chairman. The members of the Committee shall receiv

compensation for each day spent in meetings or conferences, 

of the Committee, and all members shall receive their neces

or other expenses while engaged in the work of the Co

provisions of section 163 shall be applicable to the Committ

Chapter 4–Research

Sec. 31. Research Assistance

a. The Commission is directed to exercise its powers in s

to insure the continued conduct of research and development 

activities in the fields specified below, by private or public 

persons, and to assist in the acquisition of an ever-expan

theoretical and practical knowledge in such fields. To 

Commission is authorized and directed to make arrangeme

contracts, agreements, and loans) for the conduct of 

development activities relating to–

(1) nuclear processes;

–––––––– Notwithstanding the provisions of any other law, any active officer o

Navy, or Air Force may serve as Director of the Division of Military 

without prejudice to his commissioned status as such officer. Any suc

as Director of the Division of Military Application shall receive in ad

and allowances, including special and incentive pays, an amount equ

difference between such pay and allowances, including special and in

the compensation established for this position pursuant to section 303

of the Federal Executive Salary Act of 1964. 37 Amended by P.L. 107–107, Division A, Title X, Subtitle E, section 1

115 Stat. 1230 (2001). 38 Added by P.L. 85–256, § 5, 71 Stat. 576 (1957). 39 Amended by P.L. 105–362, 112 Stat. 3292 (1998), which struck the f

sentences, which had previously been added by P.L. 99–209, § 5, 91 

(1977):

In addition to its other duties under this section, the committee, ma

of all available sources, shall undertake a study of reactor safety rese

prepare and submit annually to the Congress a report containing the 

such study. The first such report shall be submitted to the Congress 

than December 31, 1977. 40 Amended by P.L.84–1006, § 2, 70 Stat. 1069 (1956), added the word

42 USC 2039.

42 USC 2051.
() p

for medical, biological, agricultural, health, or military p

(4) utilization of special nuclear material, atomic 

radioactive material and processes entailed in the 

production of atomic energy or such material for all o

including industrial or commercial uses, the generat

energy, and the demonstration of advances in the c

industrial application of atomic energy;41

(5) the protection of health and the promotion of 

research and production activities; and

(6) the preservation and enhancement of a viable en

developing more efficient methods to meet the Na

needs.42

b. GRANTS AND CONTRIBUTIONS.–The Co

authorized–

(1) to make grants and contributions to the cost of co

operation of reactors and other facilities and other 

colleges, universities, hospitals, and eleemosynary 

institutions for the conduct of educational and train

relating to the fields in subsection (a) of this section; and

(2) to provide grants, loans, cooperative agreements, 

equipment to institutions of higher education (as defined 

of the Higher Education Act of 1965 (20 U.S.C. 100

courses, studies, training, curricula, and disciplines 

nuclear safety, security, or environmental protection, or 

that the Commission determines to be critical to the regu

of the Commission.43

c. The Commission may (1) make arrangements pu

section, without regard to the provisions of section 3709 o

Statutes, as amended, upon certification by the Commiss

action is necessary in the interest of the common defense an

upon a showing by the Commission that advertising is n

practicable; (2) make partial and advance payments 

arrangements; and (3) make available for use in connection t

of its equipment and facilities as it may deem desirable.

d. The arrangements made pursuant to this section shal

provisions (1) to protect health, (2) to minimize danger to lif

and (3) to require the reporting and to permit the inspec

performed thereunder, as the Commission may determ

arrangement shall contain any provisions or conditions whi

dissemination of scientific or technical information, excep

such dissemination is prohibited by law.

––––––––

41 Amended by P.L. 91–560, § 1, 84 Stat. 1472 (1970). Previously para

read as follows: 

Utilization of special nuclear material, atomic energy, and radioact

material and processes entailed in the utilization or production of ato

energy or such material for all other purposes, including industrial u

generation of usable energy, and the demonstration of the practical v

utilization or production facilities for industrial or commercial purpo

42 Added by P.L. 92–84, § 201(a), 85 Stat. 304 (1971). 43 Amended by P.L. 109–58, Title VI, § 651(c)(1), 119 Stat. 801 (2005)

Grants for 

construction of 

reactors, etc.

41 USC 252(c) 

(See 41 USC

260(b)).
, ypp

Sec. 33. Research for Others

Where the Commission finds private facilities or la

inadequate for the purpose, it is authorized to conduct for 

through its own facilities, such of those activities and studie

specified in section 31 as it deems appropriate to the de

energy.44 To the extent the Commission determines that pr

or laboratories are inadequate to the purpose, and that the 

facilities, or scientific or technical resources have the poten

significant assistance to other persons in the fields of protec

health and safety, the Commission may also assist other pe

fields by conducting for such persons, through the Comm

facilities, research and development or training activities an

Commission is authorized to determine and make such ch

discretion may be desirable for the conduct of the activiti

referred to in this section.45

Chapter 5–Production of Special Nuclear Mate

Sec. 41. Ownership and Operation of Production Faciliti

a. Ownership of Production Facilities.–The Commissio

and on behalf of the United States, shall be the exclusive 

production facilities other than facilities which (1) are useful 

of research and development activities in the fields specified 

and do not, in the opinion of the Commission, have a potent

rate adequate to enable the user of such facilities to pro

reasonable period of time a sufficient quantity of special nu

to produce an atomic weapon; (2) are licensed by the Com

this title; or (3) are owned by the United States Enrichment 

b. Operation of the Commission’s Production F

Commission is authorized and directed to produce or to p

production of special nuclear material in its own production 

the extent deemed necessary, the Commission is authorized 

continue in effect, contracts with persons obligating the

special nuclear material in facilities owned by the Com

Commission is also authorized to enter into research and 

contracts authorizing the contractor to produce special nucle

facilities owned by the Commission to the extent that the 

––––––––

44 Amended by P.L. 92–84, section 201(b), 85 Stat. 304 (1971). Before 

read as follows:

Where the Commission finds private facilities or laboratories are in

to the purpose, it is authorized to conduct for other persons, through 

facilities, such of those activities and studies of the types specified i

section 31 as it deems appropriate to the development of atomic ene

45 Amended by P.L. 90–190, section 7, 81 Stat. 575 (1967). Before ame

section read as follows:

Sec. 33. RESEARCH FOR OTHERS.–Where the Commission find

facilities or laboratories are inadequate to the purpose, it is authorize

conduct for other persons, through its own facilities, such of those a

and studies of the types specified in section 31 as it deems appropria

development of atomic energy. The Commission is authorized to de

and make such charges as in its discretion may be desirable for the c

such activities and studies. 46 Amended by P.L. 101–575, § 5(c), 104 Stat. 2835 (1990), and P.L. 10

106 Stat. 2943 (1992), added new section (3).

42 USC 2053.

42 USC 2061.

41 USC 252(c) 

(See 41 USC 

260(b)).

Operation of the 

Commission’s 

production 

facilities.
p() pg 

from subcontracting any part of the work he is obligated to 

the contract, except as authorized by the Commission; and 

the contractor (A) to make such reports pertaining to activ

contract to the Commission as the Commission may require 

to inspection by employees of the Commission of all such 

(C) to comply with all safety and security regulations w

prescribed by the Commission. Any contract made under the 

this paragraph may be made without regard to the provisi

3079 of the Revised Statutes, as amended, upon certifi

Commission that such action is necessary in the interest o

defense and security, or upon a showing by the Com

advertising is not reasonable practicable. Partial and adva

may be made under such contracts.47

c. Operation of Other Production Facilities.–Special nu

may be produced in the facilities which under this section ar

to be owned by the Commission.

Sec. 42. Irradiation of Materials

The Commission and persons lawfully producing or ut

nuclear material are authorized to expose materials of an

radiation incident to the processes of producing or utilizing s

material.

Sec. 43. Acquisition of Production Facilities

The Commission is authorized to purchase any interest i

the production of special nuclear materials, or in real prop

such facilities are located, without regard to the provisions o

of the Revised Statutes, as amended, upon certification by th

that such action is necessary in the interest of the commo

security, or upon a showing by the Commission that adv

reasonably practicable. Partial and advance payments may b

contracts for such purposes. The Commission is further 

requisition, condemn, or otherwise acquire any interest in su

facilities, or to condemn or otherwise acquire such real pro

compensation shall be made therefor.

Sec. 44. Disposition of Energy

If energy is produced at production facilities of the Com

produced in experimental utilization facilities of the Com

energy may be used by the Commission, or transfer

Government agencies, or sold to publicly, cooperatively

owned utilities or users at reasonable and nondiscriminatory 

energy produced is electric energy, the price shall be subjec

by the appropriate agency having jurisdiction. In contra

disposal of such energy, the Commission shall give preferen

to public bodies and cooperatives or to privately owned utili

electric utility services to high cost areas not being served by 

or cooperatives. Nothing in this Act shall be construed to 

Commission to engage in the sale or distribution of energy f

use except such energy as may be produced by the Commi

––––––––

47 Amended by P.L. 90–190, section 8, 81 Stat. 575 (1967), which delet

sentence of section 41b, which read as follows:

The President shall determine in writing at least once each year the 

of special nuclear material to be produced under this section and sha

in such determination the quantities of special nuclear material to be 

for distribution by the Commission pursuant to section 53 or section 

Operation of 

other production

facilities.

42 USC 2062.

42 USC 2063.

44 USC 252(c) 

(See 41 USC 

260(b)).

42 USC 2064.
Chapter 6–Special Nuclear Material

Sec. 51. Special Nuclear Material

The Commission may determine from time to time that 

is special nuclear material in addition to that specified in th

special nuclear material. Before making any such deter

Commission must find that such material is capable of releas

quantities of atomic energy and must find that the determina

material is special nuclear material is in the interest of the com

and security, and the President must have expressly assente

the determination. The Commission’s determination, toge

assent of the President, shall be submitted to the Energy48 Co

a period of thirty days shall elapse while Congress is 

computing such thirty days, there shall be excluded the d

either House is not in session because of an adjournment 

three days) before the determination of the Commission 

effective: Provided, however, That the Energy50 Committee

received such determination, may by resolution in writin

conditions of or all or any portion of such thirty-day period.

Sec. 53. Domestic Distribution of Special Nuclear Mater

a.51 The Commission is authorized (i) to issue licenses 

receive in interstate commerce, transfer, deliver, acquire, 

receive possession of or title to, import, or export under th

agreement for cooperation arranged pursuant to section 

nuclear material, (ii) to make special nuclear material ava

period of the license, and, (iii) to distribute special nuclear m

the United States to qualified applicants requesting such ma

(1) for the conduct of research and development ac

types specified in section 31;

––––––––

48 Amended by P.L. 103–437, § 15(f))(2), 108 Stat. 4592 (1994). 49 See P.L. 95–110, § 301b. 50 Amended by P.L. 103–437, § 15(f))(2), 108 Stat. 4592 (1994). 51 P.L. 88–489, § 4, 78 Stat. 602 (1964), repealed Sec. 52. P.L. 88–489, 

Section 52 of the Atomic Energy Act of 1954, as amended, is repeale

title, and interest in and to any special nuclear material vested in the U

solely by virtue of the provisions of the first sentence of such section 

any other transaction authorized by the Atomic Energy Act of 1954, a

other applicable law, are hereby extinguished.

Section 52 read as follows:

Sec. 52. Government Ownership of All Special Nuclear Material.–

and interest in or to any special nuclear material within or under th

the United States, now or hereafter produced, shall be the property 

States and shall be administered and controlled by the Commission 

on behalf of the United States by virtue of this Act. Any person ow

in any special nuclear material at the time when such material is h

determined to be a special nuclear material shall be paid just comp

Any person who lawfully produces any special nuclear material, e

a contract with the Commission under the provisions of section 31 

shall be paid a fair price, determined pursuant to section 56, for pr

material. 52 Amended by P.L. 88–489, § 5, 78 Stat. 602 (1964). Before amendme

subsection read as follows:

a. The Commission is authorized to issue licenses for the possessio

available for the period of the license, and to distribute special nuc

within the United States to qualified applicants requesting such ma

42 USC 2071.

42 USC 2073.

Nuclear material 

licenses.
() p

(4) for such other uses as the Commission dete

appropriate to carry out the purposes of this Act.53

b. The Commission shall establish, by rule, minimum c

issuance of specific or general licenses for the distributi

nuclear material depending upon the degree of importance t

defense and security or to the health and safety of the public 

(1) the physical characteristics of the special nuclear 

distributed;

(2) the quantities of special nuclear material to be dis

(3) the intended use of the special nuclear material to 

c. (1) The Commission may distribute special nuclear ma

under this section by sale, lease, lease with option to bu

Provided however, That unless otherwise authorized 

Commission shall not after December 31, 1970, distribute s

material except by sale55 to any person who possesses 

utilization facility under a license pursuant to section 103 or 

in the course of activities under such license; nor shall the 

permit any such person after June 30, 1973, to continue lea

the course of such activities special nuclear material previo

such person by the Commission.

(2) The Commission shall establish reasonable sales 

special nuclear material licensed and distributed by s

section. Such sales prices shall be established on a nond

basis which, in the opinion of the Commission, will prov

compensation to the Government for such special nuclea

(3) The Commission is authorized to enter into ag

licensees for such period of time as the Commissio

necessary or desirable to distribute to such licensees suc

special nuclear material as may be necessary for the c

licensed activity. In such agreements, the Commission 

repurchase any special nuclear material licensed and distr

which is not consumed in the course of the licensed ac

uranium remaining after irradiation of such special nucle

a repurchase price not to exceed the Commission’s 

comparable special nuclear material or uranium in effect 

delivery of such material to the Commission.

(4) The Commission may make a reasonable charg

pursuant to this section, for the use of special nuclear ma

and distributed by lease under subsection 53a.(1), (2) or 

make a reasonable charge determined pursuant to this s

use of special nuclear material licensed and distributed b

subsection 53a.(3). The Commission shall establish crit

for the determination of whether special nuclear ma

distributed by grant and for the determination of whether 

be made for the use of special nuclear material licensed a

by lease under subsection 53a.(1), (2) or (4), considering

––––––––

53 Added by P.L. 85–681, § 1, 72 Stat. 632 (1958). 54 Amended by P.L. 90–190, § 10, 81 Stat. 575 (1967). 55 Amended by P.L. 102–486, 106 Stat. 2943 (1992). 56 Amended by P.L. 85–681, § 2, 72 Stat. 632 (1958).

Distribution.

Agreements.

Charges.
g gy 

for the use of special nuclear material distributed by lease58 

utilization or production facilities licensed pursuant to s

section 104, in addition to consideration of the cost 

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 nuclea

advance the development of the peaceful uses of atomic 

(3) the energy value of the special nuclear material in 

use for which the license is issued;

(4) whether the special nuclear material is to be use

licensed pursuant to section 103 or section 104. In th

Commission shall, insofar as practicable, ma

nondiscriminatory charges for the use of special nu

distributed to facilities licensed pursuant to section 103; 

(5) with respect to special nuclear material consume

licensed pursuant to section 103, the Commission shall m

charge equivalent to the sale price for similar special nu

established by the Commission in accordance with subse

and the Commission may make such a charge with re

material consumed in a facility licensed pursuant to sect

e. Each license issued pursuant to this section shall c

subject to the following conditions–

(2)60 no right to the special nuclear material shall be 

the license except as defined by the license;

(3) neither the license nor any right under the lic

assigned or otherwise transferred in violation of the pro

Act;

(4) all special nuclear material shall be subject to 

recapture or control reserved by section 108 and to all ot

of this Act;

(5) no special nuclear material may be used in any 

production facility except in accordance with the provisio

––––––––

57 Amended by P.L. 88–489, § 6, 78 Stat. 602 (1964). Before amendme

subsection read as follows:

c. The Commission may make a reasonable charge, determined pu

section, for the use of special nuclear material licensed and distribu

subsection 53a.(1), (2) or (4) and shall make a reasonable charge d

pursuant to this section for the use of special nuclear material licen

distributed under subsection 53a.(3). The Commission shall establ

writing for the determination of whether a charge will be made for 

special nuclear material licensed and distributed under subsection 

considering, among other things, whether the licensee is a nonprof

eleemosynary institution and the purposes for which the special nu

will be used. 58 Amended by P.L. 88–489, § 7, 78 Stat. 602 (1964). 59 Amended by P.L. 88–489, § 7, 78 Stat. 602 (1964). Before amendme

read as follows:

(5) with respect to special nuclear material consumed in a facility 

to section 103, the Commission shall make a further charge based 

Commission, as estimated by the Commission, or the average fair 

production of such special nuclear material as determined by secti

is lower. 60 Amended by P.L. 88–489, § 8, 78 Stat. 602 (1964), which deleted sub

Subsection 53e(1) read as follows: “ (1) title to all special nuclear m

all times be in the United States:”

License 

conditions.
pp;

(7) special nuclear material shall be distributed on

such safety standards as may be established by rule of th

to protect health and to minimize danger to life or prope

(8) except to the extent that the indemnification and 

liability provisions of section 170 apply, the licensee 

United States and the Commission harmless from 

resulting from the use or possession of special nuclear m

licensee.61

f. The Commission is directed to distribute within the 

sufficient special nuclear material to permit the conduct o

independent research and development activities to the ma

practicable.62 In the event that applications for special nu

exceed the amount available for distribution, preference sha

those activities which are most likely, in the opinion of the 

to contribute to basic research, to the development of peac

atomic energy, or to the economic and military strength of t

Sec. 54. Foreign Distribution of Special Nuclear Materia

a. The Commission is authorized to cooperate with any n

of nations by distributing special nuclear material and to d

special nuclear material, pursuant to the terms of an a

cooperation to which such nation or group of nations is a pa

is made in accordance with section 123. Unless hereaf

authorized by law the Commission shall be compensate

nuclear material so distributed at not less than the Commissio

charges applicable to the domestic distribution of such mater

the Commission to assist and encourage research on peace

medical therapy may so distribute without charge during any 

only a quantity of such material which at the time of tran

exceed in value $10,000 in the case of one nation or $50,000 

any group of nations. The Commission may distribute to the 

Atomic Energy Agency, or to any group of nations, only su

special nuclear materials and for such period of time as are 

Congress: Provided, however, That, (i) notwithstanding this 

Commission is hereby authorized, subject to the provisions o

to distribute to the Agency, five thousand kilograms of conta

235, five hundred grams of uranium-233, and three 

plutonium, together with the amounts of special nuclear m

will match in amount the sum of all quantities of special nuc

made available by all other members of the Agency to June 

(ii) notwithstanding the foregoing provisions of this su

Commission may distribute to the International Atomic Ener

to any group of nations, such other amounts of special nuc

and for such other periods of time as are established in w

Commission: Provided, however, That before they are esta

Commission pursuant to this subdivision (ii), such proposed 

periods shall be submitted to the Congress and referred 

––––––––

61 Amended by P.L. 85–256, section 2, 71 Stat. 576. Before amendmen

read as follows: “(8) the licensee will hold the United States and the C

harmless from any damages resulting from the use or possession of sp

material by the licensee.” 62 Amended by P.L. 90–190, section 9, 81 Stat. 575 (1967).

Distribution for 

independent 

research, etc.

42 USC 2074.
j

three days): and provided further, That any such proposed 

periods shall not become effective if during such sixty-d

Congress passes a concurrent resolution stating in substanc

not favor the proposed action: and provided further, Tha

elapse of the first thirty days of any such sixty-day perio

Committees64 shall submit to their respective houses reports 

and recommendations respecting the proposed amounts and 

accompanying proposed concurrent resolution stating in sub

Congress favors, or does not favor, as the case may be, 

amounts or periods. The Commission may agree to repurcha

nuclear material distributed under a sale arrangement pur

subsection which is not consumed in the course of activities 

accordance with the agreement for cooperation, or any urani

after irradiation of such special nuclear material, at a repurc

to exceed the Commission’s sale price for comparable s

material or uranium in effect at the time of delivery of such 

Commission. The Commission may also agree to purchase, c

and within the period of the agreement for cooperation, s

material produced in a nuclear reactor located outside the 

through the use of special nuclear material which was l

pursuant to this subsection. Under any such agreement the 

shall purchase only such material as is delivered to the Comm

any period when there is in effect a guaranteed purchase pric

material produced in a nuclear reactor by a person licensed 

104, established by the Commission pursuant to section 56

to be paid shall be the price so established by the Commissio

for the same material delivered to the Commission.

b. Notwithstanding the provisions of sections 123, 124

Commission is authorized to distribute to any person outsi

States (1) plutonium containing 80 percent centrum or more 

plutonium-238, and (2) other special nuclear material w

accordance with subsection 57d., exempted certain classes o

such other special nuclear material or kinds of uses or user

the requirements for a license set forth in this chapter. Un

otherwise authorized by law, the Commission shall be com

special nuclear material so distributed at not less than the 

published charges applicable to the domestic distribution of 

The Commission shall not distribute any plutonium cont

centrum or more by weight of plutonium-238 to any pers

subsection if, in its opinion, such distribution would be in

common defense and security. The Commission may requir

regarding the use of material distributed pursuant to the pro

subsection as it deems necessary.

c. The Commission is authorized to license or otherwise 

to distribute special nuclear material to any person outsi

States under the same conditions, except as to charges, 

applicable if the material were distributed by the Commissio

––––––––

63 Amended by See P.L.95–110, § 301b; P.L. 103–437, § 15(f)(3)(A), 1

(1994). 64 Amended by P.L. 103–437, § 15(f)(3)(B), 108 Stat. 4581 (1994). 65 Amended by P.L. 93–377, 88 Stat. 473 (1974). Previously, section 54 

Foreign 

distribution of 

certain 

materials.

Purchase of 

special nuclear 

material.
y g q

nuclear material (in no event more than five hundred grams 

uranium isotope 233, the uranium isotope 235, or plutonium 

special nuclear material to any recipient):

(l) which are contained in laboratory samples, medic

monitoring or other instruments; or

(2) the distribution of which is needed to deal with 

situation in which time is of the essence.

e. The authority in this section to commit United States 

activities pursuant to any subsequent arrangement u

131a.(2)(E) shall be subject to the requirements of section 1

Sec. 55. Acquisition

The Commission is authorized, to the extent it deems 

effectuate the provisions of this Act, to purchase without 

limitations in section 54 or any guaranteed purchase pric

pursuant to section 56, and to take, requisition, condemn

acquire any special nuclear material or any interest therein. 

–––––––– Sec. 54. Foreign Distribution of Special Nuclear Material.–The Co

authorized to cooperate with any nation by distributing special nuc

to distribute such special nuclear material, pursuant to the terms of 

for cooperation to which such nation is a party and which is made 

with section 123. Unless hereafter otherwise authorized by law the 

shall be compensated for special nuclear material so distributed at 

Commission’s published charges applicable to the domestic distrib

material, except that the Commission to assist and encourage resea

uses or for medical therapy may so distribute without charge durin

year only a quantity of such material which at the time of transfer 

in value $10,000 in the case of one nation or $50,000 in the case o

nations. The Commission may distribute to the International Atom

Agency, or to any group of nations, only such amounts of special n

and for such periods of time as are authorized by Congress; Provi

That notwithstanding this provision, the Commission is hereby aut

to the provisions of section 123, to distribute to the Agency five th

kilograms of contained uranium–235, five hundred grams of urani

kilograms of plutonium together with the amounts of special nucle

will match in amount the sum of all quantities of special nuclear m

available by all other members of the Agency to July l, 1960. The 

agree to repurchase any special nuclear material distributed under 

arrangement pursuant to this section which is not consumed in the 

activities conducted in accordance with the agreement for coopera

uranium remaining after irradiation of such special nuclear materia

price not to exceed the Commission’s sale price for comparable sp

material or uranium in effect at the time of delivery of such materi

Commission. The Commission may also agree to purchase, consis

within the period of the agreement for cooperation, special nuclear 

produced in a nuclear reactor located outside the United States thro

special nuclear material which was leased or sold pursuant to this 

any such agreement, the Commission shall purchase only such ma

delivered to the Commission during any period when there is in ef

purchase price for the same material produced in a nuclear reactor 

licensed under section 104, established by the Commission pursua

and the price to be paid shall be the price so established by the Com

effect for the same material delivered to the Commission.

P.L. 88–487, 78 Stat. 602 (1964), added the last three sentences to Se

P.L. 87–206, 75 Stat. 475 (1961) §4, added the words “five hundred g

uranium 233 and three kilograms of plutonium” to the proviso in this 

177, 71 Stat. 453 (1957), 7, had added the second and third sentence

proviso, to Sec. 54. 66 Amended by P.L. 95–242, 92 Stat. 125 (1978), § 301(a) and § 303(b)

subsection 54(d) and subsection 54(e), respectively.

42 USC 2075.
y y 

of the common defense and security, or upon a sho

Commission that advertising is not reasonably practica

advance payments may be made under contracts for such 

compensation shall be made for any right, property, or inter

taken, requisitioned, or condemned under this section.67 P

the authority in this section to commit United States funds for 

pursuant to any subsequent arrangement under section 131a.

subject to the requirements of section 131.68

Sec. 56. Guaranteed Purchase Prices

The Commission shall establish guaranteed purcha

plutonium produced in a nuclear reactor by a person licensed 

104 and delivered to the Commission before January 

Commission shall also establish for such periods of time a

necessary but not to exceed ten years as to any such perio

purchase prices for uranium enriched in the isotope 233 

nuclear reactor by a person licensed under section 103 or se

delivered to the Commission within the period of the 

Guaranteed purchase prices established under the authority 

shall not exceed the Commission’s determination of the estim

plutonium or uranium enriched in the isotope 233 as fu

reactors, and such prices shall be established on a non-d

basis: Provided, That the Commission is authorized to 

guaranteed purchase prices only for such plutonium or uran

in the isotope 233 as the Commission shall determine is pro

the use of special nuclear material which was leased o

Commission pursuant to section 53.70

Sec. 57. Prohibition

a. Unless authorized by a general or specific license 

Commission, which the Commission is authorized to issu

section 53, no person may transfer or receive in intersta

––––––––

67 Amended by P.L. 88–489, § 10, 78 Stat. 602 (1964), amended Sec. 5

a completely new Sec. 55. Before amendment, Sec. 55 read as follow

Sec. 55 Acquisition.–The Commission is authorized to purchase o

acquire any special nuclear material or any interest therein outside 

without regard to the provisions of section 3709 of the Revised Sta

amended, upon certification by the Commission that such action is 

interest of the common defense and security, or upon a showing by 

that advertising is not reasonably practicable. Partial and advance 

made under contracts for such purposes. 68 Amended by P.L. 95–242, § 303(b)(2), 92 Stat. 131 (1978), added th

end of section 55. 69 Amended by P.L. 91–560, § 2, 84 Stat. 1472 (1970). 70 Amended by P.L. 88–489, § 11, 78 Stat. 602 (1964). Before amendm

read as follows:

Sec. 56. Fair Price.–In determining the fair price to be paid by the 

pursuant to section 52 for the production of any special nuclear ma

Commission shall take into consideration the value of the special n

for its intended use by the United States and may give such weight 

cost of producing that material as the Commission finds to be equi

price, as may be determined by the Commission, shall apply to all 

producers of the same material: Provided, however, That the Comm

establish guaranteed fair prices for all special nuclear material deli

Commission for such period of time as it may deem necessary but 

seven years.

())

42 USC 2076.

42 USC 2077.

Unauthorized

handling.
y py 

participate in the development or production of any sp

material71 outside of the United States except (1) as specifica

under an agreement for cooperation made pursuant to 

including a specific authorization in a subsequent arran

section 131 of this Act, or (2) upon authorization by the 

Energy after a determination that such activity will not be i

interest of the United States: Provided, That any such determ

Secretary of Energy shall be made only with the concu

Department of State and after consultation with72 the Nucle

Commission, the Department of Commerce, and the D

Defense. The Secretary of Energy shall, within ninety d

enactment of the Nuclear Non-Proliferation Act of 1978, est

and expeditious procedures, including provision f

administrative actions and inter-agency memoranda of u

which are mutually agreeable to the Secretaries of St

Commerce,73 and the Nuclear Regulatory Commiss

consideration of requests for authorization under this sub

procedures shall include, at a minimum, explicit direction o

of such requests, express deadlines for the solicitation and co

views of the consulted agencies (with identified officials r

meeting such deadlines), an inter-agency coordinating autho

the processing of such requests, predetermined proced

expeditious handling of intra-agency and inter-agency disag

appeals to higher authorities, frequent meetings of 

administrative coordinators to review the status of all pen

and similar administrative mechanisms. To the extent p

applicant should be advised of all the information required o

for the entire process for every agency’s needs at the beg

process. Potentially controversial requests should be identif

as possible so that any required policy decisions o

consultations can be initiated in a timely manner. An imm

should be undertaken to establish quickly any necessary 

criteria, including the nature of only required assurances 

showings, for the decision required under this subsection. T

of any requests proposed and filed as of the date of ena

Nuclear Non-Proliferation Act of 1978 shall not be delaye

development and establishment of procedures to im

requirements of this subsection. Any trade secrets o

information submitted by any person seeking an authorizat

subsection shall be afforded the maximum degree of protec

by law: Provided further, That the export of component pa

in subsection 11v.(2) or 11cc.(2), or shall be governed by sec

126 of this Act: Provided further, That notwithstanding sub

of the Department of Energy Organization Act (Public La

Secretary of Energy and not the Federal Energy Regulatory 

shall have sole jurisdiction within the Department of Ene

––––––––

71 Amended by P.L. 108–458, 118 Stat. 3768 (2004). 72 Amended by P.L. 105–277, 112 Stat. 2681–774 (1998). 73 Amended by P.L. 105–277, 112 Stat. 2681–774 (1998). 

Special nuclear 

material 

production.

Technology 

transfers.

Authorization

requests,

procedures.

Standards and 

criteria.

Trade secrets,

protection.

42 USC 2014.

42 USC 2074.

42 USC 2094.

42 USC 7172.
(l) distribute any special nuclear material to any pe

which is not under the jurisdiction of the United States ex

to the provisions of section 54; or

(2) distribute any special nuclear material or is

pursuant to section 53 to any person within the United 

Commission finds that the distribution of such special nu

or the issuance of such license would be inimical to 

defense and security or would constitute an unreasonab

health and safety of the public.

d. The Commission is authorized to establish classes of s

material and to exempt certain classes or quantities of sp

material or kinds of uses or users from the requirements fo

forth in this section when it makes a finding that the exem

classes or quantities of special nuclear material or such kin

users would not be inimical to the common defense and secu

not constitute unreasonable risk to the health and safety of th

e. Special nuclear material, as defined in section 11

facilities licensed under section 103 or section 104 may not 

reprocessed, used, or otherwise made available by any inst

the United States or any other person for nuclear explosive p

Sec. 58. Review

Before the Commission establishes any guaranteed pur

guaranteed purchase price period in accordance with the 

section 56, or establishes any criteria for the waiver of any 

use of special nuclear material licensed and distributed und

the proposed guaranteed purchase price, guaranteed purchas

or criteria for the waiver of such charge shall be submitted 

––––––––

74 Amended by P.L. 95–242, § 302, 92 Stat. 126 (1978). Before amendm

subsection 57 b. read as follows:

b. It shall be unlawful for any person to directly or indirectly enga

production of any special nuclear material outside of the United St

(1) under an agreement for cooperation made pursuant to section 1

authorization by the Commission after a determination that such a

inimical to the interest of the United States. 75 Added by P.L. 93–377, 88 Stat. 475 (1974). Previously, P.L. 88–489

§ 12, 78 Stat. 602 (1964), amended section 57 by substituting a comp

section 57. Before amendment, section 57 read as follows:

Sec. 57. Prohibition.–

a. It shall be unlawful for any person to–

(1) possess or transfer any special nuclear material which is the pr

United States except as authorized by the Commission pursuant to 

(2) transfer or receive any special nuclear material in interstate com

authorized by the Commission pursuant to subsection 53a., or exp

import into the United States any special nuclear material; and

(3) directly or indirectly engage in the production of any special nu

outside of the United States except (A) under an agreement for coo

pursuant to section 123, or (B) upon authorization by the Commiss

determination that such activity will not be inimical to the interest 

States.

b. The Commission shall not distribute any special nuclear mate

(l) to any person for a use which is not under the jurisdiction of the 

except pursuant to the provisions of section 54; or

(2) to any person within the United States, if the Commission find

distribution of such special nuclear material to such person would 

common defense and security. 76 Added by P.L. 97–415, 96 Stat. 2067 (1983).

Certain

exemptions.

42 USC 2078.
y

more than three days): Provided, however, That the Energy 

after having received the proposed guaranteed purchase pric

purchase price period, or criteria for the waiver of such ch

resolution in writing waive the conditions of, or all or any po

forty-five day period.77 78

Chapter 7–Source Material

Sec. 61. Source Material

The Commission may determine from time to time that 

is source material in addition to those specified in the defini

material. Before making such determination, the Commiss

that such material is essential to the production of special nu

and must find that the determination that such material is so

is in the interest of the common defense and security, and 

must have expressly assented in writing to the determ

Commission’s determination, together with the assent of 

shall be submitted to the Energy Committees79 and a period 

shall elapse while Congress is in session (in computing suc

there shall be excluded the days on which either House is 

because of an adjournment of more than three days

determination of the Commission may become effecti

however, That the Energy Committees, after having r

determination, may by resolution in writing waive the cond

or any portion of such thirty-day period.

Sec. 62. License for Transfers Required

Unless authorized by a general or specific license i

Commission, which the Commission is authorized to issue, n

transfer or receive in interstate commerce, transfer, de

possession of or title to, or import into or export from the Un

source material after removal from its place of deposit in 

that licenses shall not be required for quantities of source m

in the opinion of the Commission, are unimportant.

––––––––

77 Added byP.L. 85–79, 71 Stat. 274 (1957). 78 Amended by P.L. 88–489, § 13, 78 Stat. 602 (1964). Before amendm

read as follows:

Sec. 58. Review.–Before the Commission establishes any fair pric

fair price period in accordance with the provisions of section 56, o

criteria for the waiver of any charge for the use of special nuclear m

or distributed under section 53, the proposed fair price, guaranteed 

or criteria for the waiver of such charge shall be submitted to the J

and a period of forty–five days shall elapse while Congress is in se

computing such forty–five days there shall be excluded the days in 

House is not in session because of adjournment for more than thre

Provided, however, That the Joint Committee, after having receive

fair price, guaranteed fair prices period, or criteria for the waiver o

may by resolution waive the conditions of, or all or any portion of

day period.

Also, amended by P.L. 103–437, §15 (f)(4), 108 Stat. 4581 (1994), st

Committee” and substituted “Energy Committees” throughout the sec

79 See P.L. 95–110, § 301b, 91 Stat. 884 (1977); P.L. 103–437, § 15(f)(

(1994), struck “Joint Committee” and substituted “Energy Committee

the section.

42 USC 2091.

Submittal of 

determination 

to Energy 

Committees.

42 USC 2092.
qpp

such material–

(l) for the conduct of research and development ac

types specified in section 31;

(2) for use in the conduct of research and developme

in medical therapy under a license issued pursuant to sec

(3) for use under a license issued pursuant to section 

(4) for any other use approved by the Commission 

science or industry.

b. The Commission shall establish, by rule, minimum c

issuance of specific or general licenses for the distribut

material depending upon the degree of importance to the com

and security or to the health and safety of the public of–

(l) the physical characteristics of the source m

distributed;

(2) the quantities of source material to be distributed

(3) the intended use of the source material to be distr

c. The Commission may make a reasonable charg

pursuant to subsection 161m. for the source material 

distributed under subsection 63a.(1), subsection 63a.(2), 

63a.(4), and shall make a reasonable charge determined 

subsection 161m., for the source material licensed and dis

subsection 63a.(3). The Commission shall establish criteria 

the determination of whether a charge will be made for the s

licensed and distributed under subsection 63a.(1), subsecti

subsection 63a.(4), considering, among other things, wheth

is a nonprofit or eleemosynary institution and the purposes 

source material will be used.

Sec. 64. Foreign Distribution of Source Material

The Commission is authorized to cooperate with a

distributing source material and to distribute source materi

the terms of an agreement for cooperation to which such na

and which is made in accordance with section 123. The Com

authorized to distribute source material outside of the Unite

a determination by the Commission that such activity will n

to the interests of the United States. The authority to dis

material under this section other than under an export licen

the Nuclear Regulatory Commission shall in no case exten

of source material in excess of three metric tons per year pe

Sec. 65. Reporting

The Commission is authorized to issue such rules, r

orders requiring reports of ownership, possession, extrac

shipment, or other handling of source material as it may de

except that such reports shall not be required with respect to 

material prior to removal from its place of deposit in 

quantities of source material which in the opinion of the Co

unimportant or the reporting of which will discourage 

prospecting for new deposits.

Sec. 66. Acquisition

The Commission is authorized and directed, to the ex

necessary to effectuate the provisions of this Act–

––––––––

80 Amended by P.L. 95–242, § 301.(b), 92 Stat. 126 (1978).

Charges.

42 USC 2094.

42 USC 2095.

42 USC 2096.
p, , qy 

property containing deposits of source material; and

c. to purchase, condemn, or otherwise acquire rights 

any real property deemed by the Commission to have p

containing deposits of source material in order to condu

and exploratory operations for such deposits.

Any purchase made under this section may be made withou

provisions of section 3709 of the Revised Statutes, as am

certification by the Commission that such action is necessary 

of the common defense and security, or upon a sho

Commission that advertising is not reasonably practicabl

advanced payments may be made under contracts for such 

Commission may establish guaranteed prices for all so

delivered to it within a specified time. Just compensation sha

any right, property, or interest in property taken, requisitioned

or otherwise acquired under this section.

Sec. 67. Operations on Lands Belonging to the United St

The Commission is authorized, to the extent it deems 

effectuate the provisions of this Act, to issue leases o

prospecting for, exploration for, mining of, or removal o

source material in lands belonging to the United States: Provi

That notwithstanding any other provisions of law, such lea

may be issued for lands administered for national park, m

wildlife purposes only when the President by Executive Orde

the requirements of the common defense and security mak

necessary.

Sec. 68. Public and Acquired Lands

a.81 No individual, corporation, partnership, or associati

any part, directly or indirectly, in the development of the 

program, may benefit by any location, entry, or settlement u

domain made after such individual, corporation, partnership, 

took part in such project, if such individual, corporation, p

association, by reason of having had such part in the devel

atomic energy program, acquired confidential official inform

existence of deposits of such uranium, thorium, or other m

specific lands upon which such location, entry, or settlemen

subsequent to the date of the enactment of this Act made 

entry, or settlement or caused the same to be made for his, 

benefit.

b. Any reservation of radioactive mineral substance

materials, or source material, together with the right to enter 

and prospect for, mine, and remove the same, inserted 

Executive Order 9613 of September 13, 1945, Executive O

March 4, 1946, the Atomic Energy Act of 1946, or Executiv

of December 5, 1947, in any patent, conveyance, lease, pe

authorization or instrument disposing of any interest in publ

lands of the United States, is hereby released, remised, and 

the person or persons entitled upon the date of this Act u

from the United States or successive grants to the ownershi

or use of the land under applicable Federal or State law

however, That in cases where any such reservation on acquir

United States has been heretofore released, remised, o

––––––––

81 Amended by P.L. 85–681, § 3, 72 Stat. 623 (1958).

41 USC 252(c) 

(See 41 USC 

260(b)).

42 USC 2097.

42 USC 2098.

Release of 

reservation.
gy , , 

and effective in all respects to the same extent as if public 

acquired lands had been involved. The foregoing release sh

to any rights which may have been granted by the United S

to any such reservation, but the releases shall be subrogate

of the United States.82

c. Notwithstanding the provisions of the Atomic Energy 

as amended, and particularly section 5(b)(7) thereof,83 or the 

the Act of August 12, 1953 (67 Stat. 539), and particul

thereof, any mining claim, heretofore located under the mini

United States, for or based upon a discovery of a mineral de

a source material and which, except for the possible contrar

of said Atomic Energy Act, would have been locatable unde

laws, shall, insofar as adversely affected by such poss

construction, be valid and effective, in all respects to the sam

said mineral deposit were a locatable mineral deposit other 

material.

Sec. 69. Prohibition

The Commission shall not license any person to trans

receive possession of or title to, or import into or export fro

States any source material if, in the opinion of the Com

issuance of a license to such person for such purpose would 

the common defense and security or the health and safety of 

Chapter 8–Byproduct Material

Sec. 8l. Domestic Distribution

a. IN GENERAL–No person may84 transfer or receiv

commerce, manufacture, produce, transfer, acquire, own, po

or export any byproduct material, except to the extent auth

section, section 82 or section 84.85 The Commission is auth

general or specific licenses to applicants seeking to use bypr

for research or development purposes, for medical therapy, i

agricultural uses, or such other useful applications as may 

The Commission may distribute, sell, loan, or lease su

material as it owns to qualified applicants86 with or wi

Provided, however, That, for byproduct material to be dist

––––––––

82 Amended by P.L. 85–681, § 3, 72 Stat. 632 (1958). Before amendme

read as follows:

b. In cases where any patent, conveyance, lease, permit, or other a

been issued, which reserved to the United States source materials a

enter upon the land and prospect for, mine, and remove the same, 

Government agency which issued the patent, conveyance, lease, p

authorization shall, on application of the holder thereof, issue a ne

supplemental patent, conveyance, lease, permit, or other authoriza

reservation. If any rights have been granted by the United States p

such reservation then such patent shall be made subject to those rig

patentee shall be subrogated to the rights of the United States. 83 See Atomic Energy Act of 1946, Appendix B, § 5(b)(7). 84 Amended by P.L. 109–58, § 651(e)(3)(A)(i), 119 Stat. 807 (2005). 85 Amended by P.L. 95–604, § 205(b), 92 Stat. 3039 (1978). Before am

as follows:

No person may transfer or receive in interstate commerce, manufa

transfer, acquire, own, possess, import, or export any byproduct m

the extent authorized by this section or by section 82. 86 Amended by P.L. 93–377, §4, 88 Stat. 475 (1974).

30 USC 501–

505.

42 USC 2099.

42 USC 2111.
p

discourage the use of such material or the development 

supply of such material independent of the Commission

encourage research and development. In distributing such 

Commission shall give preference to applicants proposin

material either in the conduct of research and development 

therapy. The Commission shall not permit the distrib

byproduct material to any licensee, and shall recall or orde

any distributed material from any licensee, who is not equipp

or who fails to observe such safety standards to protect hea

established by the Commission or who uses such material 

law or regulation of the Commission or in a manner other tha

in the application therefor or approved by the Com

Commission is authorized to establish classes of byproduct m

exempt certain classes or quantities of material or kinds of 

from the requirements for a license set forth in this section w

a finding that the exemption of such classes or quantities of 

or such kinds of uses or users will not constitute an unreas

the common defense and security and to the health and safety 

b. REQUIREMENTS–

(1) IN GENERAL–Except as provided in paragraph 

material, as defined in paragraphs (3) and (4) of section 1

be transferred to and disposed of in a disposal facility th

(A) is adequate to protect public health and safety

(B)(i) is licensed by the Commission; or

(ii) is licensed by a State that has entered into 

with the Commission under section 274b., if 

requirements of the State are compatible with 

requirements of the Commission.

(2) EFFECT OF SUBSECTION–Nothing in this sub

the authority of any entity to dispose of byproduct mater

in paragraphs (3) and (4) of section 11e., at a dispo

accordance with any Federal or State solid or hazardo

including the Solid Waste Disposal Act (42 U.S.C. 6901 

c. TREATMENT AS LOW-LEVEL RADIOACTIV

Byproduct material, as defined in paragraphs (3) and (4) o

disposed of under this section shall not be considered to 

radioactive waste for the purposes of–

(1) section 2 of the Low-Level Radioactive Waste P

U.S.C. 2021b); or

(2) carrying out a compact that is–

(A) entered into in accordance with that Act (42 

et seq.); and

(B) Approved by Congress.87

Sec. 82. Foreign Distribution of Byproduct Material

a. The Commission is authorized to cooperate with a

distributing byproduct material, and to distribute byprod

––––––––

87 Added by P.L. 109–58, § 651(e)(3), 119 Stat. 807, 808 (2005).

Note: P.L. 109–58, Title VI, § 651(e)(3), 119 Stat. 808 (2005), redef

radioactive waste in section 2(9) of the Low Level Radioactive Waste 

Amendments Act to take into account the addition of paragraphs (3) 

section 11e of the Atomic Energy Act.

42 USC 2112.
yp

to any person outside the United States upon application th

person and demand such charge for such material as would 

the material if it were distributed within the United Stat

however, That the Commission shall not distribute any su

any person under this section if, in its opinion, such distribu

inimical to the common defense and security: and provided 

the Commission may require such reports regarding the u

distributed pursuant to the provisions of this section as it dee

c. The Commission is authorized to license others 

byproduct material to any person outside the United States u

conditions, except as to charges, as would be applicable i

were distributed by the Commission.

Sec. 83. Ownership and Custody of Certain Byproduct M

Disposable Sites

a. Any license issued or renewed after the effective date 

under section 62 or section 81 for any activity which 

production of any byproduct material, as defined in section 

contain terms and conditions as the Commission dete

necessary to assure that, prior to termination of such license

(l) the licensee will comply with dec

decommissioning, and reclamation standards prescr

Commission for sites (A) at which ores were processed 

their source material content and (B) at which such bypr

is deposited, and 

(2) ownership of any byproduct material, as defin

11e.(2), which resulted from such licensed activity shall 

to (A) the United States or (B) in the State in which 

occurred if such State exercises the option under subse

acquire land used for the disposal of byproduct material.

Any license which is in effect on the effective date of th

which is subsequently terminated without renewal shall 

paragraphs (1) and (2) upon termination.88

b. (1)(A) The Commission shall require by rule, regula

that prior to the termination of any license which is iss

effective date of this section, title to the land, including any i

(other than land owned by the United States or by a State) 

for the disposal of any byproduct material, as defined by se

pursuant to such license shall be transferred to:

(i) the United States or–

(ii) the State in which such land is located, at the 

of such State

unless89 the Commission determines prior to such terminatio

of title to such land and such byproduct material is not 

desirable to protect the public health, safety, or welfare or t

eliminate danger to life or property. Such determination sh

––––––––

88 Amended by P.L. 96–106, § 22(c), 93 Stat. 800 (1979). Before amen

sentence read as follows:

Any license in effect on the date of the enactment of this section sh

such terms and conditions on renewal thereof after the effective da

or comply with paragraphs (1) and (2) upon the termination of suc

whichever first occurs. 89 Amended by P.L. 96–106, § 22(e)(1), 93 Stat. 800 (1979).

42 USC 2113.

42 USC 2014.

42 USC 2111.

42 USC 2014.

Rule, 

regulation or 

order.
py 

pursuant to section 81 of this Act90 in such manner as will pro

health, safety, and the environment.

(B) If the Commission determines by order that use 

or subsurface estates, or both, of the land transferred 

States or to a State under sub-paragraph (A) would not 

public health, safety, welfare, or environment, the 

pursuant to such regulations as it may prescribe, shall pe

the surface or subsurface estates, or both, of such land 

consistent with the provisions of this section. If the 

permits such use of such land, it shall provide the 

transferred such land with the right of first refusal with r

use of such land.

(2) If transfer to the United States of title to su

material and such land is required under this section

of Energy or any Federal agency designated by the P

following the Commission’s determination of com

subsection c., assume title and custody of such bypr

and land transferred as provided in this subsection. S

or Federal agency shall maintain such material and 

manner as will protect the public health and sa

environment. Such custody may be transferred to ano

instrumentality of the United States only upon ap

President.

(3) If transfer to a State of title to such byprodu

required in accordance with this subsection, suc

following the Commission’s determination of com

subsection d., assume title and custody of such bypr

and land transferred as provided in this subsection. Su

maintain such material and land in such manner as w

public health, safety, and the environment.

(4) In the case of any such license under section 

in effect on the effective date of this section, the Com

require, before the termination of such license, such t

and interest therein (as described in paragraph 

subsection) to the United States or a State in which l

at the option of such State, as may be necessary to pro

health, welfare, and the environment from any effe

with such byproduct material. In exercising the au

paragraph, the Commission shall take into considera

of the ownership of such land and interest therein and 

the licensee to transfer title and custody thereof to the 

or a State.

(5) The Commission may, pursuant to a license

order, require the Secretary or other Federal agency o

custody of such property and materials to un

monitoring, maintenance, and emergency meas

necessary to protect the public health and safety a

actions as the Commission deems necessary to com

standards promulgated pursuant to section 84 of this 

Secretary or such other Federal agency is authorize

maintenance, monitoring, and emergency measures, 

––––––––

90 Amended by P.L. 96–106, § 22(e)(2), 93 Stat. 800 (1979).

42 USC 2092.
g

(6) The transfer of title to land or byproduct 

defined in section 11e.(2), to a State or the United S

to this subsection shall not relieve any licensee of li

fraudulent or negligent acts done prior to such transf

(7) Material and land transferred to the United St

in accordance with this subsection shall be transferre

to the United States or a State (other than administra

costs incurred in carrying out such transfer). S

provisions of paragraph (1)(B) of this subsection, the 

or a State shall not transfer title to material or prop

under this subsection to any person, unless such tra

same manner as provided under section 104(h) of the 

Tailings Radiation Control Act of 1978.

(8) The provisions of this subsection respecting t

and custody to land shall not apply in the case of land

by the United States for any Indian tribe or lands o

Indian tribe subject to a restriction against alienatio

the United States. In the case of such lands which ar

disposal of byproduct material, as defined in sectio

licensee shall be required to enter into such arrangem

Commission as may be appropriate to assure t

maintenance and monitoring of such lands by the Un

c. Upon termination on any license to which this sectio

Commission shall determine whether or not the licensee has 

all applicable standards and requirements under such license

Sec. 84. Authorities of Commission Respecting Certain B

Material92

a. The Commission shall insure that the management of 

material, as defined in section 11e.(2), is carried out in such 

(1) the Commission deems appropriate to protect the 

and safety and the environment from radiological and no

hazards associated with the processing and with the p

transfer of such material taking into account the risk 

health, safety, and the environment, with due consid

economic costs and such other factors as the Commissi

to be appropriate,93

(2) conforms with applicable general standards prom

Administration of the Environmental Protection Agency 

275, and

(3) conforms to general requirements establis

Commission, with the concurrence of the Administrator

the maximum extent practicable, at lease comparable to 

applicable to the possession, transfer, and disposal of sim

material regulated by the Administrator under the Solid W

Act, as amended.

b. In carrying out its authority under this section, the C

authorized to–

––––––––

91 Added by P.L. 95–604, § 202(a), 92 Stat. 3033 (1978). 92 Added by P.L. 95–604, § 205(a), 92 Stat. 3039 (1978). 93 Amended by P.L. 97–415, § 22, 96 Stat. 2067 (1983).

42 USC 2014.

42 USC 2114.

42 USC 6901 

note.
g, p, 

such other measures as it may deem necessary or desira

health or to minimize danger to life or property, and in co

the disposal or storage of such byproduct material; and

(2) make such studies and inspections and to 

monitoring as may be necessary.

Any violation by any person other than the United States o

or employee of the United States or a State of any rule, regul

or licensing provision, of the Commission established under 

section 83 shall be subject to a civil penalty in the same man

same amount as violations subject to a civil penalty unde

Nothing in this section affects any authority of the Commiss

other provisions of this Act.

c. In the case of sites at which ores are processed prim

source material content or which are used for the disposal 

material as defined in section 11e.(2), a licensee may propo

to specific requirements adopted and enforced by the Com

this Act. Such alternative proposals may take into account lo

conditions, including geology, topography, hydrology and 

The Commission may treat such alternatives as satisfying 

requirements if the Commission determines that such alt

achieve a level of stabilization and containment of the sites c

a level of protection for public health, safety, and the envi

radiological and non-radiological hazards associated 

with such sites, which is equivalent to, to the extent practic

stringent than the level which would be achieved by 

requirements adopted and enforced by the Commission 

purpose and any final standards promulgated by the Admin

Environmental Protection Agency in accordance with sectio

Chapter 9–Military Application of Atomic Ene

Sec. 91. Authority

a. The Commission is authorized to–

(1) conduct experiments and do research and develop

the military application of atomic energy;

(2) engage in the production of atomic weapons, or a

parts, except that such activities shall be carried on only 

that the express consent and direction of the President 

States has been obtained, which consent and direction sha

at least once each year;

(3) provide for safe storage, processing, transportation

of hazardous waste (including radioactive waste) r

nuclear materials production, weapons production and 

programs, and naval nuclear propulsion programs;

(4) carry out research on and development of techno

for the effective negotiation and verification of 

agreements on control of special nuclear materials 

weapons; and

(5) under applicable law (other than this paragraph) 

with other missions of the Department of Energy, mak

federally owned or originated technology to Sta

––––––––

94 Added by P.L. 97–415, § 20, 96 Stat. 2067 (1983).

regulation of 

order.

42 USC 2282.

42 USC 2014.

42 USC 2114.

Civil penalty.

42 USC 2022.

42 USC 2121.
gy 

b. The President from time to time may direct the Com

deliver such quantities of special nuclear material or atomic w

Department of Defense for such use as he deems necessary 

of national defense, or (2) to authorize the Department 

manufacture, produce, or acquire any atomic weapon or utili

for military purposes: Provided, however, That such authoriz

extend to the production of special nuclear material ot

incidental to the operation of such utilization facilities.

c. The President may authorize the Commission or the D

Defense, with the assistance of the other, to cooperate with 

and, notwithstanding the provisions of section 57, 62, or 81

sale, lease, or loan to that nation, in accordance with terms a

of a program approved by the President–

(1) nonnuclear parts of atomic weapons provided th

has made substantial progress in the development of ato

and other nonnuclear parts of atomic weapons syste

Restricted Data provided that such transfer will n

significantly to that nation’s atomic weapon design, de

fabrication capability; for the purpose of improving that 

of training and operational readiness;

(2) utilization facilities for military applications; and

(3) source, byproduct, or special nuclear material fo

development of, production of, or use in utilization 

military applications; and

(4) source, byproduct, or special nuclear material fo

development of, or use in atomic weapons: Provided, 

the transfer of such material to that nation is necessary 

atomic weapon design, development, or fabrication c

provided further, That such nation has made substantial p

development of atomic weapons,

whenever the President determines that the proposed cooper

proposed transfer arrangement for the nonnuclear parts of at

and atomic weapons systems, utilization facilities or source, 

special nuclear material will promote and will not 

unreasonable risk to the common defense and security, wh

nation is participating with the United States pursuant to an 

arrangement by substantial and material contributions t

defense and security: Provided, however, That the c

undertaken pursuant to an agreement entered into in acc

section 123: and provided further, That if an agreement fo

arranged pursuant to this subsection provides for transfer 

facilities for military applications the Commission, or the D

Defense with respect to cooperation it has been authorized 

may authorize any person to transfer such utilization faciliti

applications in accordance with the terms and conditions of t

and of the agreement for cooperation95.

––––––––

95 Amended by P.L. 83–703, Title I, Ch. 9, section 91, 68 Stat. 936, (19

§ I, 72 Stat. 276, (1958); P.L. 101–189, Div. C, Title XXXI, Part E, § 

103 Stat. 1684, (1989); P.L. 102–486, Title IX, § 902(a)(8), 106 Stat. 

renumbered Title I.
gy p

development of, manufacture, produce, transfer, acquire, rec

import, export, or use, or possess and threaten to use, any at

Nothing in this section shall be deemed to modify the 

subsection 31a. or section 101.96

"b. Conduct prohibited by subsection a. is within the juri

United States if –

"(1) the offense occurs in or affects interstate or forei

the offense occurs outside of the United States and is co

national of the United States;

"(2) the offense is committed against a national of the 

while the national is outside the United States;

"(3) the offense is committed against any property 

leased, or used by the United States or by any departmen

the United States, whether the property is within or outs

States; or 

(4) an offender aids or abets any person over who

exists under this subsection in committing an offense und

or conspires with any person over whom jurisdiction ex

subsection to commit an offense under this section."97

Chapter 10–Atomic Energy Licenses

Sec. 101. License Required

It shall be unlawful, except as provided in section 91, f

within the United States to transfer or receive in intersta

manufacture, produce, transfer, acquire, possess, use,98 imp

any utilization or production facility except under and in ac

a license issued by the Commission pursuant to section 103 o

Sec. 102. Utilization and Production Facilities for Indust

Commercial Purposes

a. Except as provided in subsections b. and c., or otherwi

authorized by law, any license hereafter issued for a 

production facility for industrial or commercial purposes s

pursuant to section 103.

b. Any license hereafter issued for a utilization or prod

for industrial or commercial purposes, the construction o

which was licensed pursuant to subsection 104b. prior to e

law of this subsection, shall be issued under subsection 104b

c. Any license for a utilization or production facility fo

commercial purposes constructed or operated under an arra

the Commission entered into under the Cooperative P

Demonstration Program shall, except as otherwise specifical

applicable law, be issued under subsection 104b.99

––––––––

96 Added by P.L. 108–458, 118 Stat. 3771 (2004). 97 Added by P.L. 108–458, 118 Stat. 3771 (2004). 98 Amended by P.L. 84–1006, § 11, 70 Stat. 1069 (1956). 99 Amended by P.L. 91–560, § 3, 84 Stat. 1472 (1970). Prior to amendm

follows:

Sec. 102. Finding of Practical Value–Whenever the Commission h

finding in writing that any type of utilization or production facility 

sufficiently developed to be of practical value for industrial or com

42 USC 2131.

42 USC 2132.
, 

produce, transfer, acquire, possess, use100 import, or export u

of an agreement for cooperation arranged pursuant to 

utilization or production facilities for industrial or commerci

Such licenses shall be issued in accordance with the provisi

16 and subject to such conditions as the Commission m

regulation establish to effectuate the purposes and provision

b. The Commission shall issue such licenses on a nonex

to persons applying therefor (1) whose proposed activitie

useful purpose proportionate to the quantities of special nu

or source material to be utilized; (2) who are equipped to ob

agree to observe such safety standards to protect health an

danger to life or property as the Commission may by rule est

who agree to make available to the Commission such technic

and data concerning activities under such licenses as the Com

determine necessary to promote the common defense and s

protect the health and safety of the public. All such inform

used by the Commission only for the purposes of the commo

security and to protect the health and safety of the public.

c. Each such license shall be issued for a specifi

determined by the Commission, depending on the type of 

licensed, but not exceeding forty years from the aut

commence operations102 and may be renewed upon the expi

period.

d. No license under this section may be given to a

activities which are not under or within the jurisdiction 

States, except for the export of production or utilization f

terms of an agreement for cooperation arranged pursuant to s

except under the provisions of section 109. No license may b

alien or any103 corporation or other entity if the Commission 

reason to believe it is owned, controlled, or dominated b

foreign corporation, or a foreign government. In any event, n

be issued to any person within the United States if, in the 

Commission, the issuance of a license to such person would 

the common defense and security or to the health and safety 

f. Each license issued for a utilization facility under t

section 104b. shall require as a condition thereof that in 

accident which could result in an unplanned release of quant

products in excess of allowable limits for normal operation 

the Commission, the licensee shall immediately so notify the 

Violation of the condition prescribed by this subsection 

Commission’s discretion, constitute grounds for license 

–––––––– purposes, the Commission may thereafter issue licenses for such ty

pursuant to section 103. 100 Amended by P.L. 84–1006, § 12, 70 Stat. 1069 (1956). 101 Amended by P.L. 91–560, § 4, 84 Stat. 1472 (1970). Before amendm

follows:

Subsequent to a finding by the Commission as required in section 

Commission may issue licenses to transfer or receive in interstate 

manufacture, produce, transfer, acquire, possess, use, import, or ex

terms of an agreement for cooperation arranged pursuant to section 

of utilization or production facility. 102 Amended by P.L. 109–58, section 621, 119 Stat. 782, (2005). 103 Amended by P.L. 84–1006, §13, 70 Stat. 1069 (1956).

42 USC 2237.

42 USC 2133.
to include the provisions required under this subsection.104

Sec. 104. Medical Therapy and Research and Developme

a. The Commission is authorized to issue licenses to per

therefore for utilization facilities for use in medical therapy. I

licenses the Commission is directed to permit the wide

effective medical therapy possible with the amount of sp

material available for such purposes and to impose the min

of regulation consistent with its obligations under this Act t

common defense and security and to protect the health and 

public.

b. As provided for in subsection 102b., or 102c., or whe

authorized by law, the Commission is authorized to issue 

this subsection to persons applying therefor for utilization a

facilities for industrial and commercial purposes. In issuing 

this subsection, the Commission shall impose the minimu

such regulations and terms of license as will permit the C

fulfill its obligations under this Act.105

c. The Commission is authorized to issue licenses to per

therefor for utilization and production facilities useful in t

research and development activities of the types specified in 

which are not facilities of the type specified in subsecti

Commission is directed to impose only such minimum 

regulation of the licensee as the Commission finds wi

Commission to fulfill its obligations under this Act to promot

defense and security and to protect the health and safety of 

will permit the conduct of widespread and diverse 

development.

d. No license under this section may be given to an

activities which are not under or within the jurisdiction 

States, except for the export of production or utilization f

terms of an agreement for cooperation arranged pursuant to 

except under the provisions of section 109. No license ma

any corporation or other entity if the Commission knows or 

believe it is owned, controlled, or dominated by an ali

corporation, or a foreign government. In any event, no li

issued to any person within the United States if, in the o

––––––––

104 Amended by P.L. 96–295, §201, 94 Stat. 786 (1980). 105 Amended by P.L. 91–560, § 5, 84 Stat. 1472 (1970). Before amendm

follows:

b. The Commission is authorized to issue licenses to persons apply

utilization and production facilities involved in the conduct of rese

development activities leading to the demonstration of the practica

facilities for industrial or commercial purposes. In issuing licenses 

subsection, the Commission shall impose the minimum amount of 

and terms of license as will permit the Commission to fulfill its ob

this Act to promote the common defense and security and to prote

safety of the public and will be compatible with the regulations an

which would apply in the event that a commercial license were lat

pursuant to section 103 for that type of facility. In issuing such lice

shall be given to those activities which will, in the opinion of the C

to major advances in the application of atomic energy for industria

purposes.

42 USC 2134.
a. Nothing contained in this Act106 shall relieve any pe

operation of the following Acts, as amended, An Act to pro

commerce against unlawful restraints and monopolies, a

second, eighteen hundred and ninety: sections seventy-thr

six107 inclusive, of an Act entitled ‘An Act to reduce taxati

revenue for the Government, and for other purposes app

twenty-seven, eighteen hundred and ninety-four; ‘An Act 

existing laws against unlawful restraints and monopolies, 

purposes, approved October fifteen, nineteen hundred and 

‘An Act to create a Federal Trade Commission, to define i

duties, and for other purposes, approved September twenty

hundred and fourteen. In the event a licensee is found 

competent jurisdiction, either in an original action in that 

proceeding to enforce or review the findings or orders of an

agency having jurisdiction under the laws cited above, to hav

of the provisions of such laws in the conduct of the license

Commission may suspend, revoke, or take such other action a

necessary with respect to any license issued by the Commis

provisions of this Act.

b. The Commission shall report promptly to the Attorne

information it may have with respect to any utilization of s

material or atomic energy which appears to violate or to te

violation of any of the foregoing Acts, or to restrict free c

private enterprise.

c. (1) The Commission shall promptly transmit to the Att

a copy of any license application provided for in paragra

subsection, and a copy of any written request provided for in 

of this subsection; and the Attorney General shall, within 

time, but in no event to exceed 180 days after receiving a 

application or written request, render such advice to the Com

determines to be appropriate in regard to the finding to be 

Commission pursuant to paragraph (5) of this subsection. Suc

include an explanatory statement as to the reasons or basis t

(2) Paragraph (1) of this subsection shall apply to an a

a license to construct or operate a utilization or production 

section 103: Provided, however, That paragraph (1) shall n

application for a license to operate a utilization or producti

which a construction permit was issued under section 1

Commission determines such review is advisable on th

significant changes in the licensee’s activities or proposed 

occurred subsequent to the previous review by the Attorne

the Commission under this subsection in connection with th

permit for the facility.

(3) With respect to any Commission permit for the c

a utilization or production facility issued pursuant to subsecti

to the enactment into law of this subsection, any person who 

who sought by timely written notice to the Commission to in

construction permit proceeding for the facility to obtain a de

antitrust considerations or to advance a jurisdiction b

determination shall have the right, upon a written re

––––––––

106 Amended by P.L. 88–489, § 14, 78 Stat. 602 (1964). 107 Amended by P.L. 107–273, Div. C, Title IV, § 14102(c)(2)(D), 116 S

USC 35.
yp

Federal Register of notice of the filing of an application fo

license for the facility or the date of enactment into law of th

whichever is later.

(4) Upon the request of the Attorney General, the Com

furnish or cause to be furnished such information as the Att

determines to be appropriate for the advice called for in pa

this subsection.

(5) Promptly upon receipt of the Attorney General

Commission shall publish the advice in the Federal Regist

Attorney General advises that there may be adverse antitru

recommends that there be a hearing, the Attorney General o

may participate as a party in the proceedings thereafter 

Commission on such licensing matter in connection with the 

of his advice. The Commission shall give due consideration 

received from the Attorney General and to such evidenc

provided during the proceedings in connection with such s

and shall make a finding as to whether the activities und

would create or maintain a situation inconsistent with the an

specified in subsection 105a.

(6) In the event the Commission’s finding under para

the affirmative, the Commission shall also consider, in 

whether the license should be issued or continued, such 

including the need for power in the affected area, as the Com

judgment deems necessary to protect the public interest. On 

findings, the Commission shall have the authority to issue 

license as applied for, to refuse to issue a license, to rescin

amend it, and to issue a license with such conditions 

appropriate.

(7) The Commission, with the approval of the Atto

may except from any of the requirements of this subsection s

types of licenses as the Commission may determine would no

affect the applicant’s activities under the antitrust laws a

subsection 105a.

(8) With respect to any application for a construction 

at the time of enactment into law of this subsection, which 

be for issuance under section 103, and with respect to any a

an operating license in connection with which a written r

antitrust review is made as provided for in paragraph (3), the 

after consultation with the Attorney General, may, upon dete

such action is necessary in the public interest to avoid unne

establish by rule or order periods for Commission notificati

of advice differing from those set forth above and may issue 

permit or operating license in advance of consideration of 

with respect to the matters covered in this subsection: Prov

construction permit or operating license so issued shall 

conditions as the Commission deems appropriate to as

subsequent findings and orders of the Commission with re

matters will be given full force and effect.108

––––––––

108 Amended by P.L. 91–560, section 6, 84 Stat. 1472 (1970). Before am

as follows:
py 

date of enactment of this paragraph.109

Sec. 106. Classes of Facilities

The Commission may–

a. group the facilities licensed either under section 103 or 

104 into classes which may include either production 

facilities or both, upon the basis of the similarity of operating 

characteristics of the facilities;

b. define the various activities to be carried on at each 

facility; and

c. designate the amounts of special nuclear material av

by each such facility.

Sec. 107. Operators’ Licenses

The Commission shall–

a. prescribe uniform conditions for licensing individual

of any of the various classes of production and utilization fac

in this Act;

b. determine the qualifications of such individuals;

c. issue licenses to such individuals in such form as the 

may prescribe; and 

d. suspend such licenses for violations of any provision 

any rule or regulation issued thereunder whenever the Comm

such action desirable.

Sec. 108. War or National Emergency

Whenever the Congress declares that a state of wa

emergency exists, the Commission is authorized to suspen

granted under this Act if in its judgment such action is ne

common defense and security. The Commission is authorize

period, if the Commission finds it necessary to the commo

security, to order the recapture of any special nuclear materia

the operation of any facility licensed under section 103 or se

is authorized to order the entry into any plant or facilit

recapture such material, or to operate such facility. Just comp

be paid for any damages caused by the recapture of any s

material or by the operation of any such facility.

–––––––– c. Whenever the Commission proposes to issue any license to any 

section 103, it shall notify the Attorney General of the proposed li

proposed terms and conditions thereof, except such classes or type 

the Commission, with the approval of the Attorney General, may d

not significantly affect the licensee’s activities under the antitrust l

in subsection 150a. Within a reasonable time, in no event to excee

receiving such notification, the Attorney General shall advise the C

whether, insofar as he can determine, the proposed license would t

maintain a situation inconsistent with the antitrust laws, and such a

published in the Federal Register. Upon the request of the Attorney 

Commission shall furnish or cause to be furnished such informatio

General determines to be appropriate or necessary to enable him to 

called for by this section. 109 Amended by P.L. 109–58, § 625, 119 Stat. 784 (2005). 110 Amended by P.L. 86–373, § 2, 73 Stat. 688 (1959).

42 USC 2136.

42 USC 2137.

42 USC 2138.
y p

11cc.(2) the Commission may issue general licenses for dom

required to be licensed under section 101, if the Commissi

in writing that such general licensing will not constitute an 

risk to the common defense and security.

b. After consulting with the Secretaries of State, 

Commerce,111 the Commission is authorized and directed 

which component parts as defined in subsection 11v.(2) o

which other items or substances are especially relevant from 

of export control because of their significance for nucl

purposes. Except as provided in section 126 b.(2), no suc

substance, or item which is so determined by the Commi

exported unless the Commission issues a general or specific 

export after finding, based on a reasonable judgment of t

provided and other information available to the Federal 

including the Commission, that the following criteria or th

are met: (1) IAEA safeguards as required by Article III(2) 

will be applied with respect to such component, substance, o

such component, substance, or item will be used for any nuc

device or for research on or development of any nuclear exp

and (3) no such component, substance, or item will be re-tra

jurisdiction of any nation or group of nations unless the pr

the United States is obtained for such retransfer; and after d

writing that the issuance of each such general or speci

category of licenses will not be inimical to the common 

security; Provided, That a specific license shall not be re

export pursuant to this section if the component, item or 

covered by a facility license issued pursuant to section 126 o

c. The Commission shall not issue an export license unde

of subsection b. if it is advised by the executive branch, in ac

the procedures established under subsection 126 a., that the 

be inimical to the common defense and security of the Unite

Sec. 110. Exclusions

Nothing in this subchapter shall be deemed

a. to require a license for (1) the processing, fabricating, 

special nuclear material, or the separation of special nucle

the separation of special nuclear material from other sub

contract with and for the account of the Commission

construction or operation of facilities under contract wit

account of the Commission; or

––––––––

111 Amended by P.L. 105–277, 112 Stat. 2681–774 (1998). 112 Amended by P.L. 95–242, § 309(a), 92 Stat. 141 (1978). Before amen

section 109 read as follows:

Sec. 109. Component Parts of Facilities–With respect to those util

production facilities which are so determined by this Commission 

subsection 11v.(2) or 11cc.(2) the Commission may (a) issue gene

activities required to be licensed under section 101, if the Commis

in writing that such general licensing will not constitute an unreaso

common defense and security, and (b) issue licenses for the export 

facilities, if the Commission determines in writing that each expor

constitute an unreasonable risk to the common defense and securit

Amended by P.L. 89–645, § 1, 80 Stat. 891, (1966); P.L. 87–615, § 9

(1962).

licenses, 

issuance, 

authorization.

Export licenses.

42 USC 2140.
p, y y 

Defense or a contractor thereof.

Sec. 111. Distribution by the Department of Energy113

a. The Nuclear Regulatory Commission is authorized 

distribution of special nuclear material, source material, a

material by the Department of Energy, pursuant to sections 

of this Act, respectively, in accordance with the sam

established by law for the export licensing of such material b

Provided, That nothing in this section shall require the lic

distribution of byproduct material by the Department of 

section 82 of this Act.

b. The Department of Energy shall not distribute any s

material or source material under section 54 or section 64 of 

than under an export license issued by the Nuclear Regulator

until (1) the Department has obtained the concurrence of th

of State and has consulted with114 the Nuclear Regulatory 

and the Department of Defense under mutually agreed proc

shall be established within not more than ninety days aft

enactment of this provision and (2) the Department find

reasonable judgment of the assurances provided and th

available to the United States Government, that the criteria 

of this Act or their equivalent and any applicable criteria in s

are met, and that the proposed distribution would not be i

common defense and security.

Chapter 11–International Activities

Sec. 121. Effect of International Arrangements

Any provision of this Act or any action of the Commissio

and during the time that it conflicts with the provisions of an

arrangements made after the date of enactment of this Act sh

to be of no force or effect.

Sec. 122. Policies Contained in International Arrangeme

In the performance of its functions under this Act, the 

shall give maximum effect to the policies contained in any 

arrangement made after the date of enactment of this Act.

––––––––

113 Added by P.L. 95–242, § 301(c), 92 Stat. 125 (1978). 114 Amended by P.L. 105–277, 112 Stat. 2681–774 (1998).

42 USC 2141.

42 USC 2112.

42 USC 2151.

42 USC 2152.
organization pursuant to section 53, 54a., 57, 64, 82, 91, 10

shall be undertaken until–

a. the proposed agreement for cooperation has been su

President, which proposed agreement shall include the term

duration, nature, and scope of the cooperation; and sha

following requirements:

(1) a guaranty by the cooperating party that safeguards 

the agreement for cooperation will be maintained with 

nuclear materials and equipment transferred pursuant the

respect to all special nuclear material used in or produce

use of such nuclear materials and equipment, so long as t

equipment remains under the jurisdiction or control of th

party, irrespective of the duration of other provisions in 

or whether the agreement is terminated or suspended for 

(2) in the case of non-nuclear-weapon states, a requ

condition of continued United States nuclear supp

agreement for cooperation, that IAEA safeguards be m

respect to all nuclear materials in all peaceful nuclear ac

the territory of such state, under its jurisdiction, or carrie

control anywhere;

(3) except in the case of those agreements for cooper

pursuant to subsection 91c., a guaranty by the cooperatin

nuclear materials and equipment or sensitive nuclear tec

transferred pursuant to such agreement, and no special nu

produced through the use of any nuclear materials and 

sensitive nuclear technology transferred pursuant to su

will be used for any nuclear explosive device, or for r

development of any nuclear explosive device, or for any 

purpose;

(4) except in the case of those agreements for cooper

pursuant to subsection 91c. and agreements for coo

nuclear-weapon states, a stipulation that the United Sta

the right to require the return of any nuclear materials a

transferred pursuant thereto and any special nuclear mat

through the use thereof if the cooperating party deton

explosive device or terminates or abrogates an agreem

for IAEA safeguards; 

(5) a guaranty by the cooperating party that any m

Restricted Data transferred pursuant to the agreement fo

and, except in the case of agreements arranged pursuant 

91c., 144b., 144c., or 144d.,115 any production or utili

transferred pursuant to the agreement for cooperation 

nuclear material produced through the use of any su

through the use of any material transferred pursuant to t

will not be transferred to unauthorized persons or 

jurisdiction or control of the cooperating party without 

the United States;

(6) a guaranty by the cooperating party that adeq

security will be maintained with respect to any nu

transferred pursuant to such agreement and with respect 

nuclear material used in or produced through the use of 

––––––––

115 Amended by P.L. 103–337, 108 Stat. 2663 (1994).

42 USC 2073, 

2074, 2077, 

2094, 2112, 

2121, 2133, 

2134, 2164.

Cooperative 

agreements, 

submitted to 

President.

Contents.

42 USC 2121.

42 USC 2164.
() pgp

pursuant to subsection 91c., 144b., 144c., or 144d.,116 a g

cooperating party that no material transferred pur

agreement for cooperation and no material used in or pro

the use of any material, production facility, or utiliz

transferred pursuant to the agreement for coopera

reprocessed, enriched or (in the case of plutonium, ura

uranium enriched to greater than twenty percent in the i

other nuclear materials which have been irradiated) oth

in form or content without the prior approval of the Unit

(8) except in the case of agreements for coopera

pursuant to subsection 91c., 144b., 144c., or 144d.,117 a g

cooperating party that no plutonium, no uranium 233, an

enriched to greater than twenty percent in the isotope 23

pursuant to the agreement for cooperation, or recove

source or special nuclear material so transferred or from 

special nuclear material used in any production facility 

facility transferred pursuant to the agreement for coope

stored in any facility that has not been approved in ad

United States; and

(9) except in the case of agreements for coopera

pursuant to subsection 91c., 144b., 144c., or 144d.,118 a g

cooperating party that any special nuclear material, produ

or utilization facility produced or constructed under the 

the cooperating party by or through the use of any sen

technology transferred pursuant to such agreement for co

be subject to all the requirements specified in this subsec

The President may exempt a proposed agreement fo

(except an agreement arranged pursuant to subsection 

144c., or 144d.119) from any of the requirements of 

sentence if he determines that inclusion of any such requ

be seriously prejudicial to the achievement of Unite

proliferation objectives or otherwise jeopardize the comm

defense and security. Except in the case of those a

cooperation arranged pursuant to subsection 91c., 14

144d.120 any proposed agreement for cooperation shall 

by the Secretary of State, with the technical assistance an

of the Secretary of Energy and121 after consultat

Commission shall be submitted to the President jointly by 

of State and the Secretary of Energy accompanied by 

recommendations of the Secretary of State, the Secretary 

the Nuclear Regulatory Commission. Each Nuclear 

Assessment Statement prepared pursuant to this A

accompanied by a classified annex, prepared in consult

Director of Central Intelligence, summarizing relev

information. The Secretary of State shall also provide to 

––––––––

116 Amended by P.L. 103–337, 108 Stat. 2663 (1994). 117 Amended by P.L. 103–337, 108 Stat. 2663 (1994). 118 Amended by P.L. 103–337, 108 Stat. 2663 (1994). 119 Amended by P.L. 103–337, 108 Stat. 3092 (1994). 120 Amended by P.L. 103–337, 108 Stat. 3092 (1994). 121 Amended by P.L. 105–277, 112 Stat. 2681–774 (1998).

42 USC 2121.

42 USC 2164.

Agreement 

requirements 

Presidential 

exemptions.

Nuclear 

Proliferation 

Assessment 

Statement, 

submitted to 

President.

Proposed 

cooperation 

agreements 

submittal to 

President.
pq, 

attention to whether the proposed agreement is consisten

the criteria set forth in this subsection, and (B)122 

adequacy of the safeguards and other control mechan

peaceful use assurances contained in the agreement for 

ensure that any assistance furnished thereunder will n

further any military or nuclear explosive purpose. In the 

agreements for cooperation arranged pursuant to sub

144b., 144c., or 144d.,123 any proposed agreement for coo

be submitted to the President by the Secretary of Energy 

of those agreements for cooperation arranged pursuant 

91c., or 144b., which are to be implemented by the D

Defense, by the Secretary of Defense; 

b. the President has submitted text of the proposed 

cooperation, except an agreement arranged pursuant to sectio

144c., or 144d. of section 144,124 together with the a

unclassified Nuclear Proliferation Assessment Statem

Committee on Foreign Relations of the Senate and the C

Foreign Affairs of the House of Representatives, the 

consulted with such Committees for a period of not less than 

continuous session (as defined in section 130g. of this Act) c

consistency of the terms of the proposed agreement 

requirements of this Act, and125 the President has approved a

the execution of the proposed agreement for cooperation an

determination in writing that the performance of the propo

will promote and will not constitute an unreasonable risk to

defense and security;

c. the proposed agreement for cooperation (if not an agre

to subsection d.), together with the approval and determ

President, has been submitted to the Committee on Foreign 

the House of Representatives and the Committee on Foreig

the Senate for a period of thirty days of continuous session 

subsection 130g.): Provided, however, That these committee

received such agreement for cooperation, may by resolut

waive the conditions of all or any portion of such thirty-day 

d. the proposed agreement for cooperation (if arrange

subsection 91c., 144b., 144c., or 144d., or if entailing impl

sections 53, 54a., 103, or 104 in relation to a reactor that m

of producing more than five thermal megawatts or special nu

for use in connection therewith) has been submitted to 

together with the approval and determination of the Presiden

of sixty days of continuous session (as defined in subsection 

Act) and referred to the Committee on Foreign Affairs of 

Representatives and the Committee on Foreign Relations 

and in addition, in the case of a proposed agreement fo

arranged pursuant to subsection 91c., 144b., 144c., 

Committee on Armed Services of the House of Represent

––––––––

122 Amended by P.L. 99–64, § 301(a)(1). 123 Amended by P.L. 103–337, 108 Stat. 3092 (1994). 124 Amended by P.L. 103–337, 108 Stat. 3092 (1994). 125 Amended by P.L. 99–64, § 301(a)(2). 126 Amended by P.L. 103–437, § 15(f)(5), 108 Stat. 4581 (1994).

Submittal to

congressional 

committees.

42 USC 2073.

42 USC 2074.

42 USC 2133.

42 USC 2134.
gp, , j

substance that the Congress does not favor the proposed 

cooperation: Provided, That the sixty-day period shall not 

Nuclear Proliferation Assessment Statement prepared by th

State, and any annexes thereto,128 when required by subsecti

been submitted to the Congress: Provided further, That an 

cooperation exempted by the President pursuant to subsectio

requirement contained in that subsection, or an agreem

pursuant to section 104(a)(1) of the Henry J. Hyde Unite

Peaceful Atomic Energy Cooperation Act of 2006,129 sha

effective unless the Congress adopts, and there is enacted, a j

stating that the Congress does favor such agreement.130 Du

day period the Committee on Foreign Affairs of th

Representatives and the Committee on Foreign Relations 

shall each hold hearings on the proposed agreement for co

submit a report to their respective bodies recommending wh

be approved or disapproved.131 Any such proposed a

cooperation shall be considered pursuant to the procedure

section 130i. of this Act.132

Following submission of a proposed agreement for coope

an agreement for cooperation arranged pursuant to subsectio

144c., or 144d.) to the Committee on Foreign Affairs of 

Representatives and the Committee on Foreign Relations of 

Nuclear Regulatory Commission, the Department of State, th

of Energy, and the Department of Defense shall, upon the re

of those committees, promptly furnish to those committees 

to whether the safeguards and other controls contained ther

adequate framework to ensure that any export as contemp

agreement will not be inimical to or constitute an unreasona

common defense and security.

If, after the date of enactment of the Nuclear Non-Prolif

1978, the Congress fails to disapprove a proposed a

cooperation which exempts the recipient nation from the re

forth in subsection 123a.(2), such failure to act shall constitu

adopt a resolution of disapproval pursuant to subsection 

purposes of the Commission’s consideration of application

under section 126a.(2) and there shall be no congressional re

to section 128 of any subsequent license or authorization w

that state until the first such license or authorization which 

twelve months from the elapse of the sixty-day period 

agreement for cooperation in question is reviewed by the Co

––––––––

127 Amended by P.L. 99–64, § 301(a)(1). 128 Amended by P.L. 105–277, 112 Stat. 774 (1998). 129 Amended by P.L. 109–401, 120 Stat. 2734 (2006) to include the exem

from the Henry J. Hyde United States–India Peaceful Atomic Energy 

of 2006. 130 Amended by P.L. 99–64, § 301(b)(2). 131 Amended by P.L. 99–64, § 301(a)(3). 132 Amended by P.L. 99–64, § 301(b)(3). 133 Amended by P.L. 95–242, § 401, 92 Stat. 142 (1978); P.L. 88–489, § 

(1964); P.L. 93–377, § 5, 88 Stat. 475 (1974); P.L. 85–479, § 3, § 4, 

(1958); P.L. 85–681, § 4, 72 Stat. 632 (1958), P.L. 93–485, 88 Stat. 1

42 USC 2121.

42 USC 2164.

Agency views to 

Congressional 

Committees.
y y y 

relating to a new or amended agreement for peaceful nucle

pursuant to this section (except an agreement arranged pursu

91 c., 144 b., 144 c., or 144 d., or an amendment thereto).134

Sec. 124. International Atomic Pool

The President is authorized to enter into an internationa

with a group of nations providing for international coop

nonmilitary applications of atomic energy and he may therea

with that group of nations pursuant to section 54a, 57, 64, 82

144a.: Provided, however, That the cooperation is undertak

an agreement for cooperation entered into in accordance wit

Sec. 125. Cooperation with Berlin135

The President may authorize the Commission to enter in

for cooperation with the Federal Republic of Germany in ac

section 123, on behalf of Berlin, which for the purpose

comprises those areas over which the Berlin Senate exercis

(the United States, and French sectors) and the Commission 

cooperate with Berlin pursuant to section 54a,136 57, 64, 82

Provided, That the guaranties required by section 123 sha

Berlin with the approval of the allied commandants.

Sec. 126. Export Licensing Procedures

a. No license may be issued by the Nuclear Regulatory 

(the "Commission") for the export of any production or utili

or any source material or special nuclear material, includin

of any material by the Department of Energy under section 

for which a license is required or requested, no exempt

requirement for such an export license may be granted by the 

as the case may be, until–

(1) the Commission has been notified by the Secretar

it is the judgment of the executive branch that the propo

exemption will not be inimical to the common defense a

that any export in the category to which the proposed e

would not be inimical to the common defense and secu

lacks significance for nuclear explosive purposes.

Secretary of State shall, within ninety days after the ena

section, establish orderly and expeditious procedur

provision for necessary administrative actions and 

memoranda of understanding, which are mutually agr

Secretaries of Energy, Defense, and Commerce,137 an

Regulatory Commission for the preparation of the exe

judgment on export applications under this section. Su

shall include, at a minimum, explicit direction on the ha

applications, express deadlines for the solicitation and co

views of the consulted agencies (with identified officia

for meeting such deadlines), an inter-agency coordinatin

monitor the processing of such applications, predetermin

for the expeditious handling of intra-agency and 

disagreements and appeals to higher authorities, frequen

inter-agency administrative coordinators to review the 

––––––––

134 Added by P.L. 110–369, 122 Stat. 4028 (2008). 135 Added by P.L. 85–14, 71 Stat. 11 (1957). 136 Amended by P.L. 93–377, § 5, 88 Stat. 475 (1974). 137 Amended by P.L. 105–277, 112 Stat. 774 (1998).

42 USC 2154.

42 USC 2153

note.

42 USC 2155.

42 USC 2112.

Executive 

branch 

judgment 

notice to 

commission.

Exemption.

Contents.

Procedure.

Standards and 

criteria.
qpppy 

at the beginning of the process. Potentially controversia

should be identified as quickly as possible so that any r

decisions or diplomatic consultations can be initiated 

manner. An immediate effort should be undertaken to est

any necessary standards and criteria, including the n

required assurances or evidentiary showing, for the deci

under this section. The processing of any export applica

and filed as of the date of enactment of this section shall n

pending the development and establishment of p

implement the requirements of this section. The exe

judgment shall be completed in not more than sixty day

of the application or request, unless the Secretary o

discretion specifically authorizes additional time for co

the application or request because it is in the national in

such additional time. The Secretary shall notify the C

Foreign Relations of the Senate and the Committe

Affairs138 of the House of Representatives of any such au

submitting any such judgment, the Secretary of State sha

address the extent to which the export criteria then in effe

the extent to which the cooperating party has adhered to 

of the applicable agreement for cooperation. In the even

it warranted, the Secretary may also address the follow

factors, among others:

(A) whether issuing the license or granting the e

materially advance the non-proliferation policy o

States by encouraging the recipient nation to adhere 

or to participate in the undertakings contemplated b

or 404(a) of the Nuclear Non-Proliferation Act of 19

(B) whether failure to issue the license or grant 

would otherwise be seriously prejudicial to the non

objectives of the United States; and

(C) whether the recipient nation or group of natio

that conditions substantially identical to the export cr

in section 127 of this Act will be applied by an

supplier nation or group of nations to the proposed 

export, and whether in the Secretary’s judgment tho

will be implemented in a manner acceptable to the U

The Secretary of State shall provide appropria

recommendations, subject to requests for addition

recommendations, as required by the Commission or the 

Energy, as the case may be; and 

(2) the Commission finds, based on a reasonable jud

assurances provided and other information available t

Government, including the Commission, that the criteria 

of this Act or their equivalent, and any other applicable s

requirements, are met: Provided, That continued coopera

an agreement for cooperation as authorized in accordanc

124 of this Act shall not be prevented by failure to meet 

of paragraph (4) or (5) of section 127 for a period of th

enactment of this section, and for a period of twenty

thereafter if the Secretary of State notifies the commi

––––––––

138 Amended by P.L. 103–437, § 15(f)(5), 108 Stat. 4581 (1994).

Notice to

congressional 

committees.

Data and 

recommendation

42 USC 2154.

Findings.

Findings.
; , g 

deemed to relinquish any rights which the United Sta

under agreements for cooperation in force on the date of 

this section: Provided further, That if, upon the expir

twenty four month period, the President determines t

continue cooperation with any group of nations wh

exempted pursuant to the above proviso from the 

paragraph (4) or (5) of section 127 of this Act, but whi

agreed to comply with those provisions would be seriou

to the achievement of United States non-proliferation 

otherwise jeopardize the common defense and security, 

notifying the Congress of his determination, extend by E

the duration of the above proviso for a period of twelv

may further extend the duration of such proviso by one ye

annually thereafter if he again makes such determination 

the Congress. In the event that the Committee on Foreign 

House of Representatives or the Committee on Foreign 

the Senate reports a joint resolution to take any action w

any such extension, such joint resolution will be con

House or Senate, as the case may be, under procedures ide

provided for the consideration of resolutions pursuant 

of this Act: and additionally provided, That the C

authorized to (A) make a single finding under this subse

than a single application or request, where the applicatio

involve exports to the same country, in the same general 

similar significance for nuclear explosive purpose

reasonably similar circumstances and (B) make a find

subsection that there is no material changed circumstan

with a new application or request from those existing at t

last application or request for an export to the same coun

prior application or request was approved by the Commi

applicable procedures of this section, and such finding 

changed circumstance shall be deemed to satisfy the requ

paragraph for findings of the Commission. The decisio

any such finding in lieu of the findings which would 

required to be made under this paragraph shall not be sub

review: and provided further, That nothing contained in 

intended to require the Commission independently t

prohibit the Commission from independently conducti

site specific visitations in the Commission’s conside

application of IAEA safeguards.

b. (1) Timely consideration shall be given by the C

requests for export license and exemptions and such req

granted upon a determination that all applicable statutory 

have been met.

Findings.

Judicial review,

Exception.
y, 

proposed license on a timely basis because it is unabl

statutory determinations required under this Act, the Com

publicly issue its decision to that effect, and shall subm

application to the President. The Commission’s decision 

an explanation of the basis for the decision and any 

separate views. If, after receiving the proposed license a

reviewing the Commission’s decision, the President d

withholding the proposed export would be seriously pre

achievement of United States non-proliferation objecti

otherwise jeopardize the common defense and security

export may be authorized by Executive order: Provided

any such export, the President shall submit the Exe

together with his explanation of why, in light of the 

decision, the export should nonetheless be made, to the C

period of sixty days of continuous session (as defined 

130g.) and shall be referred to the Committee on Foreign 

House of Representatives and the Committee on Foreig

the Senate, but any such proposed export shall not occur 

sixty-day period the Congress adopt a concurrent resolu

substance that it does not favor the proposed expo

Executive order shall be considered pursuant to the proce

in section 130 of this Act for the consideration o

submissions. And provided further, That the procedur

pursuant to subsection (b) of section 304 of the N

Proliferation Act of 1978 shall provide that the Com

immediately initiate review of any application for a lice

section and to the maximum extent feasible shall expedit

the application concurrently with the executive branch 

awaiting the final executive branch judgment. In initiat

the Commission may identify a set of concerns and 

information associated with the projected issuance of su

shall transmit such concerns and requests to the executive 

shall address such concerns and requests in its written co

with the Commission. Such procedures shall also prov

Commission has not completed action on the applicatio

days after the receipt of an executive branch judgment tha

export or exemption is not inimical to the common defens

or that any export in the category to which the proposed e

would not be inimical to the common defense and secu

lacks significance for nuclear explosive purposes, the 

shall inform the applicant in writing of the reason for dela

follow-up reports as appropriate. If the Commission has 

action by the end of an additional sixty days (a total of on

twenty days from receipt of the executive branch ju

President may authorize the proposed export by Executiv

a finding that further delay would be excessive and upo

findings required for such Presidential authorization

subsection, and subject to the Congressional review p

forth herein. 

However, if the Commission has commenced procedu

participation regarding the proposed export unde

promulgated pursuant to subsection (b) of section 304 o

Non-Proliferation Act of 1978, or–within sixty days after 

Report to 

Congress and 

congressional 

Committee.

Review.

Concerns and 

request, 

transmittal to 

executive 

branch.
q, y 

the proposed export until sixty days after public pr

completed or sixty days after a full executive branch re

Commission’s additional concerns or requests has 

consistent with subsection a.(1) of this section: Provided 

nothing in this section shall affect the right of the Commi

data and recommendations from the Secretary of State 

provided in subsection a.(1) of this section.

c. In the event that the House of Representatives or the S

joint resolution which would adopt one or more additional e

or would modify any existing export criteria under this Act, 

resolution shall be referred in the other House to the Commit

Relations of the Senate or the Committee on Foreign Affair

of Representatives, as the case may be, and shall be considere

House under applicable procedures provided for the con

resolutions pursuant to section 130 of this Act.139

Sec. 127. Criteria Governing United States Nuclear Expo

The United States adopts the following criteria which, 

other requirements of law, will govern exports for peacefu

from the United States of source material, special nuc

production or utilization facilities, and any sensitive nuclear 

(1) IAEA safeguards as required by Article III(2) of t

be applied with respect to any such material or facilities p

exported, to any such material or facilities previously 

subject to the applicable agreement for cooperation, and 

nuclear material used in or produced through the use the

(2) No such material, facilities, or sensitive nucle

proposed to be exported or previously exported and 

applicable agreement for cooperation, and no special nu

produced through the use of such materials, facilities

nuclear technology, will be used for any nuclear explo

for research on or development of any nuclear explosive 

(3) Adequate physical security measures will be ma

respect to such material or facilities proposed to be expor

special nuclear material used in or produced through th

Following the effective date of any regulations promu

Commission pursuant to section 304(d) of the N

Proliferation Act of 1978, physical security measures sh

adequate if such measures provide a level of protection 

that required by the applicable regulations.

(4) No such materials, facilities, or sensitive nucle

proposed to be exported, and no special nuclear mate

through the use of such material, will be re-trans

jurisdiction of any other nation or group of nations un

approval of the United States is obtained for such 

addition to other requirements of law, the United States 

such retransfer only if the nation or group of nations 

receive such retransfer agrees that it shall be subject to 

required by this section.

(5) No such material proposed to be exported and no s

material produced through the use of such material will b

and no irradiated fuel elements containing such material 

––––––––

139 Amended by P.L. 95–242, § 304(a), 92 Stat. 131 (1978).

Referral to 

congressional 

committees.

42 USC 2156.
() gy 

the foregoing conditions shall be applied to any nucle

equipment which is produced or constructed under the j

the recipient nation or group of nations by or through t

exported sensitive nuclear technology.140

Sec. 128. Additional Export Criterion and Procedures

a. (1) As a condition of continued United States exp

material, special nuclear material, production or utilization 

any sensitive nuclear technology to non-nuclear-weapon s

export shall be made unless IAEA safeguards are maintaine

to all peaceful nuclear activities in, under the jurisdiction of, 

under the control of such state at the time of the export.

(2) The President shall seek to achieve adherence to 

criterion by recipient non-nuclear weapon states.

b. The criterion set forth in subsection a. shall be applie

criterion with respect to any application for the export 

facilities, or technology specified in subsection a. which 

eighteen months from the date of enactment of this section, o

application under which the first export would occur at lea

months after the date of enactment of this section, except a

the following paragraphs:

(1) If the Commission or the Department of Energy, a

be, is notified that the President has determined that failu

an export to which this subsection applies because such 

not yet been met would be seriously prejudicial to the a

United States non-proliferation objectives or otherwise j

common defense and security, the license or authoriz

issued subject to other applicable requirements of law: P

no such export of any production or utilization facility or 

or special nuclear material (intended for use as fuel in a

or utilization facility) which has been licensed or autho

to this subsection shall be made to any non-nuclear-weap

has failed to meet such criterion until the first su

authorization with respect to such state is submitted to 

(together with a detailed assessment of the reasons u

President’s determination, the judgement of the exe

required under section 126 of this Act, and any

Commission opinion and views) for a period of s

continuous session (as defined in subsection 130g. of 

referred to the Committee on Foreign Affairs141 of 

Representatives and the Committee on Foreign Relations 

but such export shall not occur if during such sixty-d

Congress adopts a concurrent resolution stating in subs

Congress does not favor the proposed export. Any su

authorization shall be considered pursuant to the procedu

section 130 of this Act for the consideration of 

submissions.

(2) If the Congress adopts a resolution of disapprov

paragraph (1), no further export of materials, facilities, 

specified in subsection a. shall be permitted for the rem

Congress, unless such state meets the criterion or the Pre

––––––––

140 Amended by P.L. 95–242, § 305, 92 Stat. 136 (1978). 141 Amended by P.L. 103–437, § 15(f)(5), 108 Stat. 4581 (1994).

42 USC 2157.

Export 

applications, 

criterion 

enforcement.

Congressional 

disapproval, 

resolution.
gpy 

Congress, pursuant to the procedure of paragraph (1), do

concurrent resolution stating in substance that it disag

President’s determination.

(3) If the Congress does not adopt a resolution of dis

respect to a license or authorization submitted pursuan

(1), the criterion set forth in subsection a. shall not be 

export criterion with respect to exports of materials, 

technology specified in subsection a. to that state: Prov

first license or authorization with respect to that state w

pursuant to this paragraph after twelve months from the 

sixty-day period specified in paragraph (1), and the first s

authorization which is issued after each twelve-month per

shall be submitted to the Congress for review pu

procedures specified in paragraph (1): Provided furthe

Congress adopts a resolution of disapproval during any 

provided for by this paragraph, the provisions of parag

apply with respect to further exports to such state.142

Sec. 129. Conduct Resulting in Termination of Nuclear E

a. No nuclear materials and equipment or sensitive nucle

shall be exported to–143

(1) any non-nuclear-weapon state that is found by th

have, at any time after the effective date of this section,

(A) detonated a nuclear explosive device; or

(B) terminated or abrogated IAEA safeguards; or

(C) materially violated an IAEA safeguards agree

(D) engaged in activities involving source or s

material and having direct significance for the m

acquisition of nuclear explosive devices, and has faile

which, in the President’s judgment, represent suffi

toward terminating such activities; or

(2) any nation or group of nations that is found by th

have, at any time after the effective date of this section,

(A) materially violated an agreement for cooper

United States, or, with respect to material or equipmen

under an agreement for cooperation, materially viol

under which such material or equipment was supplie

of any commitments obtained with respect theret

section 402(a) of the Nuclear Non-Proliferation Act 

(B) assisted, encouraged, or induced any non-nu

state to engage in activities involving source or sp

material and having direct significance for the m

acquisition of nuclear explosive devices, and has faile

which, in the President’s judgment, represent suffi

toward terminating such assistance, encouragement, o

or

(C) entered into an agreement after the date of ena

section for the transfer of reprocessing equipment, 

technology to the sovereign control of a non-nuclear

except in connection with an international fuel cycle 

which the United States is a participant or pursuant to 

––––––––

142 Amended by P.L. 95–242, § 306, 92 Stat. 137 (1978). 143 Amended by P.L. 109–58, § 632(a)(1), 119 Stat. 788 (2005).

Export

authorizations, 

congressional 

review.

42 USC 2158.

Export 

terminations,

criterion.
p

seriously prejudicial to the achievement of United States non

objectives or otherwise jeopardize the common defense 

Provided, That prior to the effective date of any such dete

President’s determination, together with a report containing t

his determination, shall be submitted to the Congress and r

Committee on Foreign Affairs144 of the House of Represent

Committee on Foreign Relations of the Senate for a period o

continuous session (as defined in subsection 130g. of this act

determination shall not become effective if during such six

the Congress adopts, and there is enacted, a joint resolutio

substance that it does not favor the determination. Any such 

shall be considered pursuant to the procedures set forth in 

this Act for the consideration of Presidential submissions.146

b.(1) Notwithstanding any other provision of la

specifically section 121 of this Act, and except as provided 

(2) and (3), no nuclear materials and equipment or sen

technology, including items and assistance authorized by s

this Act and regulated under part 810 of title 10, Cod

Regulations, and nuclear-related items on the Commerce 

maintained under part 774 of title 15 of the Code of Federa

shall be exported or reexported, or transferred or retransf

directly or indirectly, and no Federal agency shall issue 

approval, or authorization for the export or reexport, o

retransfer, whether directly or indirectly, of these items or 

defined in this paragraph) to any country whose governm

identified by the Secretary of State as engaged in state s

terrorist activities (specifically including any country the g

which has been determined by the Secretary of State under se

of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), 

of the Export Administration Act of 1979 (50 U.S.C. App. 

section 40(d) of the Arms Export Control Act (22 U.S.C. 27

repeatedly provided support for acts of international terroris

(2) This subsection shall not apply to exports, reexp

or retransfers of radiation monitoring technologies

equipment, seals, cameras, tamper-indication dev

detectors, monitoring systems, or equipment necessary t

transport, or remove hazardous materials, whether such it

or information are regulated by the Department of 

Department of Commerce, or the Commission, except to 

such technologies, equipment, seals, cameras, devices

systems are available for use in the design or construct

reactors or nuclear weapons.

(3) The President may waive the application of para

country if the President determines and certifies to Con

waiver will not result in any increased risk that the cou

the waiver will acquire nuclear weapons, nuclear rea

materials or components of nuclear weapons and–

(A) the government of such country has no

preceding 12-month period willfully aided or 

––––––––

144 Amended by P.L. 103–437, § 15(f)(5), 108 Stat. 4581 (1994). 145 Amended by P.L. 110–369, § 203, 122 Stat. 4028 (2008). 146 Amended by P.L. 95–242, § 307, 92 Stat. 138 (1978).

Report to 

Congress.
gpqg g

(B) in the judgment of the President, the govern

country has provided adequate, verifiable assuranc

cease its support for acts of international terrorism;

(C) the waiver of that paragraph is in the vital na

interest of the United States; or

(D) such a waiver is essential to prevent or respon

radiological hazard in the country receiving the waiv

does threaten public health and safety.

(b) APPLICABILITY TO EXPORTS APPROVED FOR 

BUT NOT TRANSFERRED Subsection b. of section 12

Energy Act of 1954, as added by subsection (a) of this sectio

with respect to exports that have been approved for transfer 

of the enactment of this Act but have not yet been transfer

date.147

Sec. 130. Congressional Review Procedures

a. Not later than forty-five days of continuous session of 

the date of transmittal to the Congress of any submission of 

required by subsection148 126a.(2), 126b.(2), 128b., 129

131f.(1)(A) of this Act, the Committee on Foreign Relations 

and the Committee on Foreign Affairs of the House of Rep

shall each submit a report to its respective House on 

recommendations respecting such Presidential submission t

resolution, as defined in subsection f., stating in subst

Congress approves or disapproves such submission, as the 

Provided, That if any such committee has not reported such 

the end of such forty-five day period, such committee shall 

be discharged from further consideration of such submission

resolution has been reported at the end of such period, the f

as defined in subsection f., which is introduced within five d

within such House shall be placed on the appropriate cal

House. 

b. When the relevant committee or committees have re

resolution (or have been discharged from further considera

resolution pursuant to subsection a.) or when a resolut

introduced and placed on the appropriate calendar pursuant 

a., as the case may be, it is at any time thereafter in order (

previous motion to the same effect has been disagreed to) fo

of the respective House to move to proceed to the consid

resolution. The motion is highly privileged and is not d

motion shall not be subject to amendment, or to a motion t

to a motion to proceed to the consideration of other busines

reconsider the vote by which the motion is agreed to or disa

not be in order. If a motion to proceed to the consideration of 

is agreed to, the resolution shall remain the unfinished b

respective House until disposed of.

c. Debate on the resolution, and on all debatable motion

in connection therewith, shall be limited to not more than ten 

shall be divided equally between individuals favoring an

––––––––

147 Amended by P.L. 109–58, § 632(a)(1), 119 Stat. 789 (2005). 148 Amended by P.L. 99–64, § 301(c)(1)(A)(i), (1985). 149 Amended by P.L. 99–64, § 301(c)(1)(A)(ii), (1985). 150 Amended by P.L. 99–64, § 301(c)(1)(B), (1985).

42 USC 2158

note.

42 USC 2159.

42 USC 2121.

42 USC 2164.

Congressional 

committee 

reports.
, p

other business is not in order. A motion to reconsider the v

the resolution is agreed to or disagreed to shall not be 

amendment to any concurrent resolution pursuant to the pro

section is in order except as provided in subsection d.

d. Immediately following (1) the conclusion of the d

concurrent resolution, (2) a single quorum call at the conclu

if requested in accordance with the rules of the appropriate H

the consideration of an amendment introduced by the Majo

his designee to insert the phrase, "does not" in lieu of the w

the resolution under consideration is a concurrent resolutio

the vote on final approval of the resolution shall occur.

e. Appeals from the decisions of the Chair relating to the 

the rules of the Senate or the House of Representatives, as th

to the procedure relating to such a resolution shall be de

debate.

f. For the purposes of subsections a. through e. of this se

“resolution” means a concurrent resolution of the Congre

after the resolving clause of which is as follows: That the C

or does not) favor the transmitted to the Congress by the 

______, the blank spaces therein to be appropriately f

affirmative or negative phrase within the parenthetical to be 

selected.

g. (1) Except as provided in paragraph (2), for the pu

section–

(A) continuity of session is broken only by an a

Congress sine die; and

(B) the days on which either House is not in sess

an adjournment of more than three days to a da

excluded in the computation of any period of ti

Congress is in continuous session.

(2) For purposes of this section insofar as it applies to 

(A) continuity of session is broken only by an a

congress sine die at the end of a Congress; and

(B) the days on which either House is not in sess

an adjournment of more than three days are ex

computation of any period of time in which C

continuous session.

h. This section is enacted by Congress–

(1) as an exercise of the rulemaking power of the S

House of Representatives, respectively, and as such they 

part of the rules of each House, respectively, but applic

respect to the procedure to be followed in that House 

resolutions described by subsection f. of this secti

supersede other rules only to the extent that they ar

therewith; and

(2) With full recognition of the constitutional right o

to change the rules (so far as relating to the procedure of 

any time, in the same manner and to the same extent as 

any other rule of that House.151

i. (1) For the purposes of this subsection, the term "joi

means–

––––––––

151 Amended by P.L. 95–242, § 308, 92 Stat. 138 (1978).

Resolution.

Continuous 

sessions of 

Congress.

Computation.
or does not) favor the proposed agreement fo

transmitted to the Congress by the President on __

(B) for a determination under section 129 of th

resolution, the matter after the resolving clause o

follows: “That the Congress does not favor the 

transmitted to the Congress by the President on __

(C) for a subsequent arrangement under sectio

United States-India Nuclear Cooperation A

Nonproliferation Enhancement Act, a joint resolut

after the resolving clause of which is as follow

Congress does not favor the subsequent arrang

Agreement for Cooperation Between the Gover

United States of America and the Governm

Concerning Peaceful Uses of Nuclear Ener

transmitted to Congress by the President on S

2008.”, with the date152 of the transmission of 

agreement for cooperation inserted in the bl

affirmative or negative phrase within the 

appropriately selected.

(2) On the day on which a proposed agreement for 

submitted to the House of Representatives and the Senate 

123d., a joint resolution with respect to such agreement f

shall be introduced (by request) in the House by the ch

Committee on Foreign Affairs,153 for himself and the ran

member of the Committee, or by Members of the House 

the chairman and ranking minority member; and shall 

(by request) in the Senate by the majority leader of th

himself and the minority leader of the Senate, or by M

Senate designated by the majority leader and minority 

Senate. If either House is not in session on the day on w

agreement for cooperation is submitted, the joint resol

introduced in that House, as provided in the preceding se

first day thereafter on which that House is in session.

(3) All joint resolutions introduced in the House of R

shall be referred to the appropriate committee or comm

joint resolutions introduced in the Senate shall be re

Committee on Foreign Relations and in addition, in 

proposed agreement for cooperation arranged pursuant t

144b., or 144c., the Committee on Armed Services.

(4) If the committee of either House to which a joint 

been referred has not reported it at the end of 45 

introduction (or in the case of a joint resolution related to 

arrangement under section 201 of the United States-

Cooperation Approval and Nonproliferation Enhancemen

after its introduction),

154 the committee shall be discharge

consideration of the joint resolution or of any other jo

introduced with respect to the same matter; except that, i

joint resolution which has been referred to more than one 

––––––––

152 Amended by P.L. 110–369, section 205(1), 122 Stat. 4028 (2008). 153 Amended by P.L. 103–437, section 15(f)(5), 108 Stat. 4581 (1994). 154 Amended by P.L. 110–369, § 205(2)(A), 122 Stat. 4028 (2008).
ppp

Enhancement Act, 15-day period)155 one such committe

the joint resolution, any committee to which the joint r

referred shall be discharged from further consideratio

resolution or of any other joint resolution introduced with 

same matter.

(5) A joint resolution under this subsection shall be 

the Senate in accordance with the provisions of section 6

International Security Assistance and Arms Export C

1976. For the purpose of expediting the consideration a

joint resolutions reported or discharged pursuant to the 

this subsection, it shall be in order for the committee o

House of Representatives to present for consideration a 

the House of Representatives providing procedures for 

consideration of a joint resolution under this subsection 

similar, if applicable, to the procedures set forth in sectio

the International Security Assistance and Arms Export C

1976.

(6) In the case of a joint resolution described in pa

prior to the passage by one House of a joint resolution 

that House receives a joint resolution with respect to th

from the other House, then–

(A) the procedure in that House shall be the sam

resolution had been received from the other House; b

(B) the vote on final passage shall be on the join

the other House.

Sec. 131. Subsequent Arrangements156

a.(1) Prior to entering into any proposed subsequen

under an agreement for cooperation (other than an a

cooperation arranged pursuant to subsection 91c., 144b

this Act), the Secretary of Energy shall obtain the conc

Secretary of State and shall consult with the Commis

Secretary of Defense: Provided, That the Secretary of S

the leading role in any negotiations of a policy nature per

proposed subsequent arrangement regarding arrangem

storage or disposition of irradiated fuel elements or app

transfer, for which prior approval is required under an 

cooperation, by a recipient of source or special nuc

production or utilization facilities, or nuclear technology. 

proposed subsequent arrangement shall be published i

Register, together with the written determination of th

Energy that such arrangement will not be inimical to 

defense and security, and such proposed subsequent arra

not take effect before fifteen days after publication. W

Secretary of State is required157 to prepare a Nuclear 

Assessment Statement pursuant to paragraph (2) of th

notice of the proposed subsequent arrangement which is 

the requirement to prepare a Nuclear Proliferation 

Statement158 shall not be published until after the r

––––––––

155 Amended by P.L. 110–369, § 205(2)(A), 122 Stat. 4028 (2008). 156 Added by P.L. 95–242, § 303(a), 92 Stat. 127 (1978). 157 Amended by P.L. 105–277, 112 Stat. 2681–774 (1998). 158 Amended by P.L. 105–277, 112 Stat. 2681–774 (1998).

42 USC 2160.

42 USC 2121.

42 USC 2164.

Consultation.

Notice 

publication

in the Federal 

Register.
(2) If in the view of the Secretary of State, Secreta

Secretary of Defense, or the Commission, a propose

arrangement might significantly contribute to prol

Secretary of State, in consultation with such Secr

Commission shall prepare an unclassified Nuclear 

Assessment Statement with regard to such propose

arrangement regarding the adequacy of the safeguards an

mechanisms and the application of the peaceful use ass

relevant agreement to ensure that assistance to be furnish

the subsequent arrangement will not be used to further a

nuclear explosive purpose. For the purposes of this sec

"subsequent arrangements" means arrangements entere

agency or department of the United States Government w

cooperation with any nation or group of nations (but not 

or domestic arrangements) involving–

(A) contracts for the furnishing of nuclear 

equipment;

(B) approvals for the transfer, for which prio

required under an agreement for cooperation, by a re

source or special nuclear material, production or utili

or nuclear technology; 

(C) authorization for the distribution of nuclear 

equipment pursuant to this Act which is not s

procedures set forth in section 111b., section 126, or 

(D) arrangements for physical security;

(E) arrangements for the storage or disposition of 

elements;

(F) arrangements for the application of safeguard

to nuclear materials and equipment; or

(G) any other arrangement which the Presiden

important from the standpoint of preventing prolifera

(3) The United States will give timely consideration 

for prior approval, when required by this Act, for the re

material proposed to be exported, previously exported 

the applicable agreement for cooperation, or special nu

produced through the use of such material or a production 

facility transferred pursuant to such agreement for coop

the altering of irradiated fuel elements containing such 

additionally, to the maximum extent feasible, will attem

such consideration when the terms and conditions for su

forth in such agreement for cooperation or in some othe

agreement executed by the United States and subject to 

review procedures comparable to those set forth in secti

Act.

(4) All other statutory requirements under other secti

for the approval or conduct of any arrangement su

subsection shall continue to apply and any other such req

prior approval or conditions for entering such arrangem

be satisfied before the arrangement takes effect pursuant 

a.(1).

b. With regard to any special nuclear material exported 

States or produced through the use of any nuclear materials a

or sensitive nuclear technology exported by the United State

Nuclear

Proliferation 

Assessment

Statement.

Subsequent

arrangements.

Contracts.
pg, pg y 

subsequent retransfer of any plutonium in quantities gr

grams resulting from the reprocessing of any such materi

provided the Committee on Foreign Affairs159 of t

Representatives and the Committee on Foreign Relation

with a report containing his reasons for entering into suc

and a period of 15 days of continuous session (as defined 

130g. of this Act) has elapsed: Provided, however, That 

of the President an emergency exists due to unforeseen 

requiring immediate entry into a subsequent arrangemen

shall consist of fifteen calendar days;

(2) the Secretary of Energy may not enter into an

arrangement for the reprocessing of any such materia

which has not processed power reactor fuel assemblie

subject of a subsequent arrangement therefor prior t

enactment of the Nuclear Non-Proliferation Act of 

subsequent retransfer to a non-nuclear-weapon state of a

in quantities greater than 500 grams resulting from such 

unless in his judgment, and that of the Secretary o

reprocessing or retransfer will not result in a significant i

risk of proliferation beyond that which exists at the time 

is requested. Among all the factors in making this judgm

consideration will be given to whether or not the re

retransfer will take place under conditions that will 

warning to the United States of any diversion well in a

time at which the non-nuclear-weapon state could 

diverted material into a nuclear explosive device; and

(3) the Secretary of Energy shall attempt to ensure, in 

any subsequent arrangement for the reprocessing of any 

in any facility that has processed power reactor fuel assem

the subject of a subsequent arrangement therefor prior 

enactment of the Nuclear Non-Proliferation Act of 19

subsequent retransfer to any non-nuclear-weapon 

plutonium in quantities greater than 500 grams resulti

reprocessing, that such reprocessing or retransfer shall ta

conditions comparable to those which in his view, an

Secretary of State, satisfy the standards set forth in parag

c. The Secretary of Energy shall, within ninety days after 

of this section, establish orderly and expeditious procedu

provision for necessary administrative actions and 

memoranda of understanding, which are mutually agre

Secretaries of State, Defense, and Commerce, and the Nucle

Commission for the consideration of requests for subsequent 

under this section. Such procedures shall include, at a mini

direction on the handling of such requests, express dea

solicitation and collection of the views of the consulted a

identified officials responsible for meeting such deadlin

agency coordinating authority to monitor the processing of 

predetermined procedures for the expeditious handling of int

inter-agency disagreements and appeals to higher author

meetings of inter-agency administrative coordinators to rev

of all pending requests, and similar administrative mecha

––––––––

159 Amended by P.L. 103–437, § 15(f)(6)(A), 108 Stat. 4581 (1994).

Nuclear 

materials, 

reprocessing or 

transfer 

procedures.
gg 

of the process. Potentially controversial request should be 

quickly as possible so that any required policy decisions 

consultations can be initiated in a timely manner. An imm

should be undertaken to establish quickly any necessary 

criteria, including the nature of any required assurance 

showings, for the decisions required under this section. 

procedures shall specify that if he intends to prepare a Nuclea

Assessment Statement, the Secretary of State shall so d

response to the Department of Energy. If the Secretary of 

that he intends to prepare such a Statement, he shall do so wi

of his receipt of a copy of the proposed subsequent arrang

which time the Secretary of Energy may not enter into th

arrangement), unless pursuant to the Secretary of State'

President waives the sixty-day requirement and notifies the 

Foreign Affairs of the House of Representatives and the C

Foreign Relations of the Senate of such waiver and th

therefor.160 The processing of any subsequent arrangement 

filed as of the date of enactment of this section shall not be de

the development and establishment of procedures to im

requirements of this section.

d. Nothing in this section is intended to prohibit, pe

unconditionally, the reprocessing of spent fuel owned by a 

which fuel has been supplied by the United States, to preclu

States from full participation in the International Nucle

Evaluation provided for in section 105 of the Nuclear Non

Act of 1978; to in any way limit the presentation or consid

evaluation of any nuclear fuel cycle by the United States 

participation; nor to prejudice open and objective consid

results of the evaluation.

e. Notwithstanding subsection 402(d) of the Departme

Organization Act (Public Law 95-91), the Secretary of Energ

Federal Energy Regulatory Commission, shall have sol

within the Department of Energy over any matter arising from 

of the Secretary of energy in this section.

f.(1) With regard to any subsequent arrangement und

a.(2)(E) (for the storage or disposition of irradiated fuel ele

such arrangement involves a direct or indirect commitment 

States for the storage or other disposition, interim or perm

foreign spent nuclear fuel in the United States, the Secretary o

not enter into any such subsequent arrangement, unless:

(A)(i) Such commitment of the United Sta

submitted to the Congress for a period of sixty days 

session (as defined in subsection 130g. of this act) 

referred to the Committee on Foreign Affairs of 

representatives and the Committee on Foreign Re

Senate, but any such commitment shall not becom

during such sixty-day period the Congress adopts 

resolution stating in substance that it does n

commitment, any such commitment to be considere

the procedures set forth in section 130 of this 

consideration of Presidential submission; or (ii) if the 

––––––––

160 Amended by P.L. 105–277, 112 Stat. 2681–775 (1998).

Controversial 

requests,

identification.

Standards and

criteria.

Nuclear

Proliferation 

Assessment 

Statement.

Notice to 

congressional 

committees.

Presidential 

waiver.

Presidential 

plan, submittal 

to Congress.

42 USC 7172.
(g

which plan has been referred to the Committee on F

of the House of Representatives and the Committe

Relations of the Senate and has not been adoption o

resolution stating in substance that Congress does 

plan; and the commitment is subject to the terms o

plan. Any such plan shall be considered pursuant to t

set forth in section 130 of this act for the con

Presidential submissions:

(B) The Secretary of Energy has complied with 

and 

(C) The Secretary of Energy has complied

arrangement will comply with all other statutory re

this Act, under sections 54 and 55 and any other appli

and any other requirements of law.

(2) Subsection (1) shall not apply to the storage or oth

in the United States of limited quantities of foreign spen

if the President determines that (A) a commitment under 

55 of this Act of the United States for storage or other 

such limited quantities in the United States is required by 

situation, (B) it is in the national interest to take such imm

and (C) he notifies the Committees on Foreign Affairs 

Space, and Technology161 of the House of Representa

Committees on Foreign Relations and Energy and Natu

of the Senate of the determination and action, wi

explanation and justification thereof, as soon as possible

(3) Any plan submitted by the President under subsec

include a detailed discussion, with detailed informat

supporting documentation thereof, relating to polic

technical description, geographic information, co

justifications, legal and regulatory considerations, 

impact information and any related international 

arrangements for understandings.

(4) For the purposes of this subsection, the term "

nuclear fuel" shall include any nuclear fuel irradiated i

power reactor located outside of the United States and op

foreign legal entity, government or non-government, reg

legal ownership or other control of the fuel or the reactor 

of the origin or licensing of the fuel or reactor, but not 

irradiated in a research reactor.

Sec. 132. Authority to Suspend Nuclear Cooperation wit

Which Have Not Ratified the Convention on the Physica

Nuclear Material162

The President may suspend nuclear cooperation under thi

nation or group of nations which has not ratified the Conv

Physical Security of Nuclear Material.

Sec. 133. Consultation with the Department of Defense C

Certain Exports and Subsequent Arrangements163

a. In addition to other applicable requirements–

––––––––

161 Amended by P.L. 103–437, § 15 (f)(6)(B), 108 Stat. 4581 (1994). 162 Added by P.L. 99–399, § 602, 100 Stat 853 (1986). 163 Added by P.L. 99–399, § 602, 100 Stat 853 (1986).

Notice to 

congressional 

committees.

Foreign spent

nuclear fuel.

Plan, contents.

42 USC 2160b.

President of 

U.S.

42 USC 2160c.
; 

(2) approval may be granted by the Secretary of 

section 131 of this Act for the transfer of special nu

described in subsection b.; only after the Secretary of De

consulted on whether the physical protection of that mate

export or transfer will be adequate to deter theft, sabot

acts of international terrorism which would result in th

that material. If, in the view of the Secretary of Defens

available intelligence information, the export or tran

subject to a genuine terrorist threat, the Secretary shall 

Nuclear Regulatory commission or the Secretary o

appropriate, his written assessment of the risk and a des

actions the Secretary of Defense considers necessar

physical protection measures.

b. Subsection a. applies to the export or transfer of 

kilograms of plutonium or more than 5164 kilograms of uran

to more than 20 percent in the isotope 233 or the isotope 23

Sec. 134. Further Restrictions on Exports165 

(a) In general

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

issue a license for the export of highly enriched uranium to 

fuel or target in a nuclear research or test reactor only if, in 

any other requirement of this chapter, the Commission deter

(1) there is no alternative nuclear reactor fuel or target en

isotope 235 to a lesser percent than the proposed export, tha

in that reactor; 

(2) the proposed recipient of that uranium has provided a

that, whenever an alternative nuclear reactor fuel or target c

that reactor, it will use that alternative in lieu of highly enric

and 

(3) the United States Government is actively developing 

alternative nuclear reactor fuel or target that can be used in t

(b) Medical isotope production--

(1) Definitions - In this subsection: 

(A) Highly enriched uranium - The term “hi

uranium” means uranium enriched to include co

U-235 above 20 percent. 

(B) Medical isotope - The term “medical isot

Molybdenum 99, Iodine 131, Xenon 133, and oth

materials used to produce a radiopharmaceutical 

therapeutic procedures or for research and develo

(C) Radiopharmaceutical - The term “radioph

means a radioactive isotope that--

(i) contains byproduct material combined 

chemical or biological material; and 

(ii) is designed to accumulate temporarily 

the body for therapeutic purposes or for enabl

production of a useful image for use in a diag

medical condition. 

––––––––

164 Amended by P.L. 103–236, 108 Stat. 521 (1994). 165 Added by P.L. 102–486, 106 Stat 2945 (1992). P.L. 112-239, 126 Sta

42 USC 2160.

42 USC 2160d.
(2) Licenses - The Commission may issue a licen

authorizing the export (including shipment to and us

intermediate and ultimate consignees specified in the 

recipient country of highly enriched uranium for med

production if, in addition to any other requirements o

(except subsection (a) of this section), the Commissi

that--

(A) a recipient country that supplies an assura

the United States Government in connection with 

consideration by the Commission of the export li

application has informed the United States Gover

any intermediate consignees and the ultimate con

specified in the application are required to use th

enriched uranium solely to produce medical isoto

(B) the highly enriched uranium for medical i

production will be irradiated only in a reactor in a 

country that--

(i) uses an alternative nuclear reactor fuel

(ii) is the subject of an agreement with the 

States Government to convert to an alternativ

reactor fuel when alternative nuclear reactor f

used in the reactor. 

(3) Review of physical protection requirements 

(A) In general - The Commission shall review 

adequacy of physical protection requirements tha

date of an application under paragraph (2), are ap

the transportation and storage of highly enriched 

medical isotope production or control of residual 

irradiation and extraction of medical isotopes. 

(B) Imposition of additional requirements - If 

Commission determines that additional physical p

requirements are necessary (including a limit on 

of highly enriched uranium that may be contained 

shipment), the Commission shall impose such req

license conditions or through other appropriate m

(4) First report to Congress 

(A) NAS study - The Secretary shall enter int

arrangement with the National Academy of Scien

conduct a study to determine--

(i) the feasibility of procuring supplies of 

isotopes from commercial sources that do not 

enriched uranium; 

(ii) the current and projected demand and 

medical isotopes in regular current domestic u

(iii) the progress that is being made by the 

of Energy and others to eliminate all use of hi

uranium in reactor fuel, reactor targets, and m

isotope production facilities; and 

(iv) the potential cost differential in medic

production in the reactors and target processin

the products were derived from production sy

not involve fuels and targets with highly enric
pp

feasible if--

(i) low enriched uranium targets have bee

and demonstrated for use in the reactors and t

processing facilities that produce significant q

medical isotopes to serve United States needs 

isotopes; 

(ii) sufficient quantities of medical isotope

available from low enriched uranium targets a

meet United States domestic needs; and 

(iii) the average anticipated total cost incr

production of medical isotopes in such faciliti

use of highly enriched uranium is less than 10 

(C) Report by the Secretary 

Not later than 5 years after August 8, 2005, the S

submit to Congress a report that--

(i) contains the findings of the National A

Sciences made in the study under subparagrap

(ii) discloses the existence of any commitm

commercial producers to provide domestic re

for medical isotopes without use of highly enr

uranium consistent with the feasibility criteria 

subparagraph (B) not later than the date that i

the date of submission of the report. 

(5) Second report to Congress 

If the study of the National Academy of Sciences det

under paragraph (4)(A)(i) that the procurement of su

medical isotopes from commercial sources that do no

enriched uranium is feasible, but the Secretary is una

the existence of commitments under paragraph (4)(C

than the date that is 6 years after August 8, 2005, the 

shall submit to Congress a report that describes optio

developing domestic supplies of medical isotopes in 

that are adequate to meet domestic demand without t

highly enriched uranium consistent with the cost incr

described in paragraph (4)(B)(iii). 

(6) Certification 

At such time as commercial facilities that do not use 

enriched uranium are capable of meeting domestic re

for medical isotopes, within the cost increase describ

paragraph (4)(B)(iii) and without impairing the reliab

medical isotopes for domestic utilization, the Secreta

submit to Congress a certification to that effect. 

(7) Sunset provision 

After the Secretary submits a certification under para

Commission shall, by rule, terminate its review of ex

applications under this subsection. 

(c) Medical production license sunset

Effective 7 years after January 2, 2013, the Commission 

issue a license for the export of highly enriched uranium 

United States for the purposes of medical isotope produc

(d) Medical production license extension

The period referred to in subsection (c) may be extended for 

than 6 years if, no earlier than 6 years after January 2, 2013, 
(1) there is insufficient global supply of molybde

produced without the use of highly enriched uranium 

satisfy the domestic United States market; and 

(2) the export of United States-origin highly enric

for the purposes of medical isotope production is the 

effective temporary means to increase the supply of m

99 to the domestic United States market. 

(e) Public notice

To ensure public review and comment, the development 

certification described in subsection d. shall be carried o

announcement in the Federal Register.

(f) Joint certification

(1) In general 

In accordance with paragraph (2), the ban on the exp

enriched uranium for purposes of medical isotope pr

referred to in subsections (c) and (d) shall not go into 

the Secretary of Energy and the Secretary of Health a

Services have jointly certified that--

(A) there is a sufficient supply of molybdenum

produced without the use of highly enriched uran

to meet the needs of patients in the United States

(B) it is not necessary to export United States

enriched uranium for the purposes of medical iso

production in order to meet United States patient 

(2) Time of certification 

The joint certification under paragraph (1) shall be m

than 7 years after January 2, 2013, except that, if the 

referred to in subsection (c) is extended under subsec

7-year deadline under this paragraph shall be extende

equal to the period of such extension under subsectio

(g) Suspension of medical production license

At any time after the restriction of export licenses provid

subsection (c) becomes effective, if there is a critical sho

supply of molybdenum-99 available to satisfy the domes

States medical isotope needs, the restriction of export lic

suspended for a period of no more than 12 months, if--

(1) the Secretary of Energy certifies to the Congr

export of United States-origin highly enriched uraniu

purposes of medical isotope production is the only ef

temporary means to increase the supply of molybden

necessary to meet United States medical isotope need

period; and 

(2) the Congress enacts a Joint Resolution approv

temporary suspension of the restriction of export lice

(h) Definitions - As used in this section--

(1) the term “alternative nuclear reactor fuel or ta

nuclear reactor fuel or target which is enriched to les

percent in the isotope U-235; 

(2) the term “highly enriched uranium” means ur

enriched to 20 percent or more in the isotope U-235; 

(3) a fuel or target “can be used” in a nuclear rese

reactor if--
pgy; 

(B) use of the fuel or target will permit the lar

of ongoing and planned experiments and medical 

production to be conducted in the reactor without 

percentage increase in the total cost of operating 

and 

(4) the term “medical isotope” includes molybden

iodine-131, xenon-133, and other radioactive materia

produce a radiopharmaceutical for diagnostic or ther

procedures or for research and development.

Chapter 12–Control of Information

Sec. 141. Policy

It shall be the policy of the Commission to control the diss

declassification of Restricted Data in such a manner as 

common defense and security. Consistent with such 

Commission shall be guided by the following principles:

(a) Until effective and enforceable international safeguar

use of atomic energy for destructive purposes have been est

international arrangement, there shall be no exchange of R

with other nations except as authorized by section 144 of th

(b) The dissemination of scientific and technical inform

to atomic energy should be permitted and encouraged so as t

free interchange of ideas and criticism which is essential to 

industrial progress and public understanding and to enlarg

technical information. 

Sec. 142. Classification and Declassification of Restricted 

(a) Periodic determination

The Commission shall from time to time determine the d

definition of Restricted Data, which can be published witho

to the common defense and security and shall thereupon ca

to be declassified and removed from the category of Restric

(b) Continuous review

The Commission shall maintain a continuous review of R

and of any Classification Guides issued for the guidance o

atomic energy program with respect to the areas of Restricte

have been declassified in order to determine which inform

declassified and removed from the category of Restricted 

undue risk to the common defense and security.

(c) Joint determination on atomic weapons; Presidential det

disagreement

In the case of Restricted Data which the Commis

Department of Defense jointly determine to relate primarily 

utilization of atomic weapons, the determination that such 

published without constituting an unreasonable risk to 

defense and security shall be made by the Commission and th

of Defense jointly, and if the Commission and the Departme

do not agree, the determination shall be made by the Preside

(d) Removal from Restricted Data category

––––––––

166Added by P.L. 112-239, § 3163, 126 Stat. 2205 (2013).

42 USC 2161.

42 USC 2162.
py y p

the Commission and Department of Defense jointly dete

adequately safeguarded as defense information: Provided, 

no such data so removed from the Restricted Data cate

transmitted or otherwise made available to any nation or reg

organization, while such data remains defense inform

pursuant to an agreement for cooperation entered into in ac

Sec. 144 of this title.

(2) The Commission may restore to the Restricted Data 

information related to the design of nuclear weapons re

paragraph (1) if the Commission and the Department of D

determine that--

 (A) the programmatic requirements that caused the info

removed from the Restricted Data category are no longer 

have diminished; 

 (B) the information would be more appropriately protected 

Data; and 

 (C) restoring the information to the Restricted Data cate

interest of national security. 

(3) In carrying out paragraph (2), information related to 

nuclear weapons shall be restored to the Restricted Dat

accordance with regulations prescribed for purposes of such 

(e) Joint determination on atomic energy programs

(1) The Commission shall remove from the Restricted Data 

information concerning the atomic energy programs of other 

Commission and the Director of National Intelligence jointl

be necessary to carry out the provisions of section 102(d) o

Security Act of 1947, as amended, and can be adequately s

defense information.

(2) The Commission may restore to the Restricted Data 

information concerning atomic energy programs of other na

under paragraph (1) if the Commission and the Directo

Intelligence jointly determine that--

 (A) the programmatic requirements that caused the info

removed from the Restricted Data category are no longer 

have diminished; 

 (B) the information would be more appropriately protected 

Data; and 

 (C) restoring the information to the Restricted Data cate

interest of national security. 

(3) In carrying out paragraph (2), information concerning 

programs of other nations shall be restored to the Restricted 

in accordance with regulations prescribed for purposes of su

Sec. 143. Department of Defense Participation

The Commission may authorize any of its employees, or 

any contractor, prospective contractor, licensee or prospecti

the Commissio or any other person authorized access to Rest

the Commission under subsections 145b.167 and 145c.168 

employee of an agency of the Department of Defense or of i

or any member of the Armed Forces to have access to R

required in the performance of his duties and so certified by t

––––––––

167 Amended by P.L. 84–1006, § 14, 70 Stat. 1069 (1956). 168 Amended by P.L. 87–206, § 5, 75 Stat. 475 (1961).

50 USC 406(d).

42 USC 2163.
pg, 

the established personnel security procedures and stand

agency, that permitting the member or employee to have a

Restricted Data will not endanger the common defense and 

provided further, That the Secretary of Defense finds that t

personnel and other security procedures and standards of su

adequate and in reasonable conformity to the standards esta

Commission under section 145.

Sec. 144. International Cooperation

a. The President may authorize the Commission to c

another nation and to communicate to that nation Restricted 

(1) refining, purification, and subsequent treatme

material;

(2) civilian reactor development;

(3) production of special nuclear material;

(4) health and safety;

(5) industrial and other applications of atomic energ

purposes; and

(6) research and development relating to the forego

however, That no such cooperation shall involve the com

Restricted Data relating to the design or fabrication of ato

and provided further, That the cooperation is undertake

an agreement for cooperation entered into in accordanc

123, or is undertaken pursuant to an agreement existing o

date of this Act.169

b. The President may authorize the Department of Def

assistance of the Commission, to cooperate with another na

regional defense organization to which the United States is 

communicate to that nation or organization such Restricted D

design information) as is necessary to–

(1) the development of defense plans;

(2) the training of personnel in the employment o

against atomic weapons and other military applicatio

energy;

(3) the evaluation of the capabilities of potential e

employment of atomic weapons and other military a

atomic energy; and

(4) the development of compatible delivery system

weapons;

whenever the President determines that the proposed coope

proposed communication of the Restricted Data will promot

constitute an unreasonable risk to the common defense and s

such other nation or organization is participating with the 

pursuant to an international arrangement by substantial 

contributions to the mutual defense and security: Provided, 

the cooperation is undertaken pursuant to an agreement 

accordance with section 123.170

––––––––

169 Amended by P.L. 85–479, § 5, 72 Stat. 276 (1958). 170 Amended by P.L. 85–479, § 6, 72 Stat. 276 (1958), by substituting a 

subsection b. Before amendment, subsection b. read as follows:

b. The President may authorize the Department of Defense, with th

the Commission, to cooperate with another nation or with a region

42 USC 2164.

Cooperation by 

Defense 

Department.
p, p

(1) to exchange with that nation Restricted Data conc

weapons: Provided, That communication of such Rest

that nation is necessary to improve its atomic we

development, or fabrication capability and provided th

made substantial progress in the development of atomic 

(2) to communicate or exchange with that nation R

concerning research, development, or design, of military 

whenever the President determines that the proposed coope

communication of the proposed Restricted Data will promo

constitute an unreasonable risk to the common defense and s

such other nation is participating with the United States p

international arrangement by substantial and material contri

mutual defense and security: Provided, however, That the 

undertaken pursuant to an agreement entered into in acc

section 123.

d.171 (1) In addition to the cooperation authorized in sub

and c., the President may, upon making a determination 

paragraph (2), authorize the Department of Energy, with the 

the Department of Defense, to cooperate with anoth

communicate to that nation such Restricted Data, and the P

upon making such determination, authorize the Departmen

with the assistance of the Department of Energy, to cooperat

nation to communicate to that nation such data remov

Restricted Data category under section 142, as is necessary 

(A ) the support of a program for the control of a

for fissile material and other weapons material;

(B ) the support of the control of and accounti

weapons;

(C) the verification of a treaty; and

(D) the establishment of international stand

classification of data on atomic weapons, data on fi

and related data.

(2) A determination referred to in paragraph (1) is a 

that the proposed cooperation and proposed communicat

in that paragraph–

–––––––– organization to which the United States is a party, and to commun

nation or organization such Restricted Data as is necessary to––

(1) the development of defense plans;

(2) the training of personnel in the employment of and defense aga

weapons; and 

(3) the evaluation of the capabilities of potential enemies in the em

atomic weapons.

while such other nation or organization is participating with the Un

pursuant to an international arrangement by substantial and materi

to the mutual defense and security: Provided, however, That no su

shall involve communication of Restricted Data relating to the des

of atomic weapons except with regard to external characteristics, i

weight, and shape, yields and effects, and systems employed in the 

thereof but not including any data in these categories unless in the 

the Commission and the Department of Defense such data will not 

information concerning the design or fabrication of the nuclear com

atomic weapon: And provided further, That the cooperation is und

to an agreement entered into in accordance with section 123. 171 Added by P.L. 103–337, 108 Stat. 3091 (1994).
() 

defense and security interests.

(3) Cooperation under this subsection shall be undert

to an agreement for cooperation entered into in accordanc

123.

e. The President may authorize any agency of the Un

communicate in accordance with the terms and conditions of 

for cooperation arranged pursuant to subsection 144a., b., 

Restricted Data as is determined to be transmissible under 

for cooperation involved.172

Sec. 145. Restrictions

a. No arrangement shall be made under section 31, no co

made or continued in effect under section 41, and no license 

under section 103 or 104, unless the person with whom suc

is made, the contractor or prospective contractor, or th

licensee agrees in writing not to permit any individual to h

Restricted Data until the Civil Service Commission shall 

investigation and report to the Commission on the character

and loyalty of such individual, and the Commission shall ha

that permitting such person to have access to Restricted 

endanger the common defense and security.

b. Except as authorized by the Commission or the Gen

upon a determination by the Commission or General Man

action is clearly consistent with the national interest, no indiv

employed by the Commission nor shall the Commissio

individual to have access to Restricted Data until the 

Commission shall have made an investigation and r

Commission on the character, associations, and loyalty of su

and the Commission shall have determined that permitting s

have access to Restricted Data will not endanger the commo

security.

c. In lieu of the investigation and report to be made by the 

Commission pursuant to subsection b. of this section, the Com

accept an investigation and report on the character, asso

loyalty of an individual made by another Government 

conducts personnel security investigations, provided th

clearance has been granted to such individual by another 

agency based on such investigation and report.

d. In the event an investigation made pursuant to subsec

of this section develops any data reflecting that the individ

subject of the investigation is of questionable loyalty, the 

Commission shall refer the matter to the Federal Bureau of 

for the conduct of a full field investigation, the results of w

furnished to the Civil Service commission for its inf

appropriate action.

e. (1) If the President deems it to be in the national interes

time to time determine that investigations of any group or c

required by subsections (a), (b), and (c) of this section be 

Federal Bureau of Investigation.

––––––––

172 Amended by P.L.103–337, 108 Stat. 3092 (1994).

42 USC 2165.

Investigations 

by CSC.

Investigations 

by FBI.
, y 

Investigation.174

f. (1) Notwithstanding the provisions of subsections a., b

section, but subject to subsection (e) of this section, a m

members of the Commission may direct that an investigatio

such provisions on an individual described in paragraph (2) 

by the Federal Bureau of Investigation rather than by the 

Commission.

 (2) An individual described in this paragraph is an ind

employed --

(A) in a program certified by a majority of the m

Commission to be of a high degree of importance or sen

(B) in any other specific position certified by a m

members of the Commission to be of a high degree of 

sensitivity.175

g. The commission shall establish standards and spe

writing as to the scope and extent of investigations, the rep

will be utilized by the Commission in making the determina

to subsections a., b., and c. of this section, that permitting a 

to restricted data will not endanger the common defense and 

standards and specifications shall be based on the location an

of work to be done, and shall, among other consideratio

account the degree of importance to the common defense a

the Restricted Data to which access will be permitted.

h. Whenever the Congress declares that a state of war e

event of a national disaster due to enemy attack, the C

authorized during the state of war or period of national d

enemy attack to employ individuals and to permit individ

Restricted Data pending the investigation report, and 

required by section 145b., to the extent that and so long as th

finds that such action is required to prevent impairment of i

furtherance of the common defense and security.176

––––––––

173 Amended by P.L. 108–136, Div. C, Title XXXI, § 3131, 117 Stat. 17

174 Amended by P.L. 106–65, Div. C, Title XXXI, Subtitle D, § 3144(a)

(1999). 175 Amended by P.L. 108–136, Div. C, Title XXXI, § 3131, 117 Stat. 17

176 Amended by P.L. 87–206, § 6, 75 Stat. 475 (1961), by redesignating 

subsection d and subsection g as subsection h. This amendment also a

subsections “c,” “e,” “f,” and “g.” Before amendment, the section re

Sec. 145. Restrictions.– a. No arrangement shall be made under section 31, no contract sha

continued in effect under section 41, and no license shall be issued 

section 103 or 104, unless the person with whom such arrangemen

contractor or prospective contractor, or the prospective licensee ag

not to permit any individual to have access to Restricted Data unti

Service Commission shall have made an investigation and report t

Commission on the character, associations, and loyalty of such ind

Commission shall have determined that permitting such person to 

Restricted Data will not endanger the common defense security.

b. Except as authorized by the Commission or the General Manage

determination by the Commission or General Manager that such a

consistent with the national interest, no individual shall be employ

Commission nor shall the Commission permit any individual to ha

Restricted Data until the Civil Service Commission shall have mad

investigation and report to the Commission on the character, assoc

loyalty of such individual, and the Commission shall have determi
py , pg

any action under such other laws inconsistent with the provi

sections.

b. The Commission shall have no power to control 

dissemination of information other than as granted by this or 

Sec. 147. Safeguards Information177

a. In addition to any other authority or requirement regard

from disclosure of information, and subject to subsection (b

552 of title 5 of the United States Code, the Commission s

such regulations, after notice and opportunity for public com

such orders, as necessary to prohibit the unauthorized 

safeguards information which specifically identifies a 

applicant’s detailed–

(1) control and accounting procedures or secur

(including security plans, procedures, and equipment) fo

protection of special nuclear material, by whomev

whether in transit or at fixed sites, in quantities deter

Commission to be significant to the public health and 

common defense and security;

(2) security measures (including security plans, pr

equipment) for the physical protection of source materia

material, by whomever possessed, whether in transit or 

in quantities determined by the Commission to be sign

public health and safety or the common defense and secu

(3) security measures (including security plans, pr

equipment) for the physical protection of and the locat

–––––––– permitting such person to have access to Restricted Data will not e

common defense and security.

c. In the event an investigation made pursuant to subsections a. an

section develops any data reflecting that the individual who is the 

investigation is of questionable loyalty, the Civil Service Commiss

the matter to the Federal Bureau of Investigation of the conduct of 

investigation, the results of which shall be furnished to the Civil S

Commission for its information and appropriate action.

d. If the President deems it to be in the national interest, he may fr

cause investigations of any group or class which are required by su

b. of this section to be made by the Federal Bureau of Investigation 

the Civil Service Commission. 

e. Notwithstanding the provisions of subsections a. and b. of this s

of the members of the Commission shall certify those specific pos

of a high degree of importance or sensitivity and upon such certifi

investigation and reports required by such provisions shall be mad

Bureau of Investigation instead of by the Civil Service Commissio

f. The Commission shall establish standards and specifications in w

scope and extent of investigations to be made by the Civil Service 

pursuant to subsections a. and b. of this section. Such standards an

shall be based on the location and class or kind of work to be done

among other considerations, take into account the degree of impor

common defense and security of the Restricted Data to which acce

permitted.

g. Whenever the Congress declares that a state of war exists, or in 

national disaster due to enemy attack, the Commission is authorize

of war or period of national disaster due to enemy attack to employ 

to permit individual access to Restricted Data pending the investig

determination required by section 145b., to the extent that and so l

Commission finds that such action is required to prevent impairme

in furtherance of the common defense and security. 177 Added by P.L. 96–295, § 207(a)(1), 94 Stat. 788 (1980).

42 USC 2167.

Regulations.
expected to have a significant adverse effect on the health an

public or the common defense and security by significantly 

likelihood of theft, diversion, or sabotage of such material o

The Commission shall exercise the authority of this subsect

(A) so as to apply the minimum restrictions nee

the health and safety of the public or the common 

security, and

(B) upon a determination that the unauthorized 

such information could reasonably be expected to hav

adverse effect on the health and safety of the public o

defense and security by significantly increasing the 

theft, diversion, or sabotage of such material or such 

Nothing in this Act shall authorize the Commission t

public disclosure of information pertaining to the routes an

shipments of source material, by-product material, high 

waste, or irradiated nuclear reactor fuel. Any person, wh

licensee of the Commission, who violates any regulations ad

this section shall be subject to the civil monetary penalties 

of this Act. Nothing in this section shall be construed to 

withholding of information from the duly authorized com

Congress.

b. For the purpose of section 223 of this Act, any regulat

prescribed or issued by the Commission under this section 

deemed to be prescribed or issued under section 161b. of thi

c. Any determination by the Commission concerning th

of this section shall be subject to judicial review pursuant 

(a)(4)(B) of section 552 of title 5 of the United States Code.

d. Upon prescribing or issuing any regulation or order un

a. of this section, the Commission shall submit to Congress 

(1) specifically identifies the type of information the 

intends to protect from disclosure under the regulation o

(2) specifically states the Commission’s jus

determining that unauthorized disclosure of the infor

protected from disclosure under the regulation or 

reasonably be expected to have a significant adverse 

health and safety of the public or the common defense a

significantly increasing the likelihood of theft, diversio

of such material or such facility, as specified under sub

this section; and

(3) provides justification, including proposed 

regulations or orders, that the regulation or order app

minimum restrictions needed to protect the health and 

public or the common defense and security.

e. In addition to the reports required under subsection d. 

the Commission shall submit to Congress on a quarterly 

detailing the Commission’s application during that per

regulation or order prescribed or issued under this section. 

the report shall:178

(1) identify any information protected from disclosu

such regulation or order;

––––––––

178 As a result of P.L. 104–66, § 3003, 109 Stat. 734 (1995), section 147

effective on December 21, 1999.

42 USC 2282.

42 USC 2273.
g

to have a significant adverse effect on the health and safet

or the common defense and security by significantly 

likelihood of theft, diversion or sabotage of such ma

facility, a specified under subsection a. of this section; a

(3) provide justification that the Commission has 

regulation or order so as to protect from disclosure only 

amount of information necessary to protect the health an

public or the common defense and security.

Sec. 148. Prohibition Against the Dissemination of Certa

Unclassified Information179

(a) Dissemination prohibited; rules and regulations; dete

Secretary prerequisite to issuance of prohibiting regulatio

criteria

(1) In addition to any other authority or requirem

protection from dissemination of information, and subje

552(b)(3) of Title 5, the Secretary of Energy (hereinafter 

referred to as the “Secretary”), with respect to atomic en

programs, shall prescribe such regulations, after notice and o

public comment thereon, or issue such orders as may be 

prohibit the unauthorized dissemination of unclassified 

pertaining to--

(A) the design of production facilities or utilization facilities

(B) security measures (including security plans, pro

equipment) for the physical protection of (i) production 

facilities, (ii) nuclear material contained in such facilities, o

material in transit; or 

(C) the design, manufacture, or utilization of any atom

component if the design, manufacture, or utilization of su

component was contained in any information declassified or 

the Restricted Data category by the Secretary (or the 

predecessor agency of the Department of Energy) pursuant 

of this title. 

(2) The Secretary may prescribe regulations or issue 

paragraph (1) to prohibit the dissemination of any informa

in such paragraph only if and to the extent that the Secreta

that the unauthorized dissemination of such information cou

be expected to have a significant adverse effect on the health 

the public or the common defense and security by significan

the likelihood of (A) illegal production of nuclear weapons

diversion, or sabotage of nuclear materials, equipment, or fa

(3) In making a determination under paragraph (2), the S

consider what the likelihood of an illegal production, theft

sabotage referred to in such paragraph would be if th

proposed to be prohibited from dissemination under this sect

time available for dissemination.

(4) The Secretary shall exercise his authority under this 

prohibit the dissemination of any information described in 

of this subsection--

(A) so as to apply the minimum restrictions needed to pro

and safety of the public or the common defense and security

––––––––

179 Added by P.L. 97–90, § 210(a)(1), 95 Stat. 1163 (1981). Amended b

§ 3134(c), 126 Stat. 2193 (2013)

42 USC 2168.

Regulations. 42 USC 2162.

Penalties.

42 USC 2282.

42 USC 2273. Judicial review. Quarterly 

report.
y p

security by significantly increasing the likelihood of (i) illeg

of nuclear weapons, or (ii) theft, diversion, or sabotag

materials, equipment, or facilities. 

(5) Nothing in this section shall be construed to authorize th

authorize the withholding of information from the appropria

of the Congress.

(b) Civil penalties

(1) Any person who violates any regulation or order of the Se

under this section with respect to the unauthorized dis

information shall be subject to a civil penalty, to be im

Secretary, of not to exceed $100,000 for each such violation. 

may compromise, mitigate, or remit any penalty impos

subsection.

(2) The provisions of subsections (b) and (c) of section 228

shall be applicable with respect to the imposition of civil pe

Secretary under this section in the same manner that such 

applicable to the imposition of civil penalties by the Com

subsection (a) of such section.

(c) Criminal penalties

For the purposes of Sec. 223 of this title, any regulation presc

issued by the Secretary under this section shall also be 

prescribed or issued under section 161 of this title.

(d) Judicial review

Any determination by the Secretary concerning the applic

section shall be subject to judicial review pursuant to section 

of Title 5.

(e) Repealed. Pub.L. 112-239, Div. C, Title XXXI, § 3134(c

126 Stat. 2193.

Sec. 149. Fingerprinting for Criminal History Record Ch

a.(1)(A)(i) The Commission shall require each indivi

described in clause (ii) to fingerprint each individual 

subparagraph (B) before the individual described in subpa

permitted access under subparagraph (B).

(ii) The individuals and entities referred to in 

individuals and entities that, on or before the date 

individual is permitted access under subparagraph (B

(I) are licensed or certified to engage in an a

to regulation by the Commission;

––––––––

180 Added by P.L. 99–399, § 606, 100 Stat. 853 (1986). P.L. 109–58, 119 

(2005), rewrote subsection (a), which formerly read as follows:

(a) The Nuclear Regulatory Commission (in this section referred t

‘Commission’) shall require each licensee or applicant for a licens

utilization facility under section 2133 or 2134(b) of this title to fin

individual who is permitted unescorted access to the facility or is p

to safeguards information under section 2167 of this title. All finge

by a licensee or applicant as required in the preceding sentence sha

to the Attorney General of the United States through the Commiss

identification and a criminal history records check. The costs of an

and records check conducted pursuant to the preceding sentence sh

the licensee or applicant. Notwithstanding any other provision of l

General may provide all the results of the search to the Commissio

accordance with regulations prescribed under this section, the Com

provide such results to the licensee or applicant submitting such fi

42 USC 2169.
(III) have notified the Commission in writing 

file an application for licensing, certification, 

approval of a product or activity subject to reg

Commission.

(B) The Commission shall require to be fing

individual who–

(i) is permitted unescorted access to–

(I) a utilization facility; or

(II) radioactive material or other prope

regulation by the Commission that the 

determines to be of such significance to the 

and safety or the common defense and security 

fingerprinting and background checks; or

(ii) is permitted access to safeguards information 

147;

(2) All fingerprints obtained by an individual or enti

in paragraph (1) shall be submitted to the Attorney G

United States through the Commission for identification 

history records check.

(3) The costs of an identification or records check un

(2) shall be paid by the individual or entity required t

fingerprinting under paragraph (1)(A).

(4) Notwithstanding any other provision of law–

(A) the Attorney General may provide any 

identification or records check under paragraph 

Commission; and

(B) the Commission, in accordance with regulatio

under this section, may provide the results to the indiv

required to conduct the fingerprinting under paragrap

b. The Commission, by rule, may relieve persons from t

imposed by this section, under specified terms, conditions, 

the Commission finds that such action is consistent with its 

promote the common defense and security and to protect t

safety of the public.

c. For purposes of administering this section, the Com

prescribe, subject to requirements–

(1) to implement procedures for the taking of fingerp

(2) to establish the conditions for use of information 

the Attorney General, in order–

(A) to limit the redissemination of such informati

(B) to ensure that such information is used solely f

of determining whether an individual shall be permitt

access to a utilization facility, radioactive mate

property described in subsection a.(1)(B) or shall 

access to safeguards information under section 147;

(C) to ensure that no final determination may be m

the basis of information provided under this section i

(i) an arrest more than 1 year old for whic

information of the disposition of the case; or

(ii) an arrest that resulted in dismissal of the 

acquittal; and

(D) to protect individuals subject to fingerprint

section from misuse of the criminal history records; 

Notification.

Health and

medical care.

Safety. 

Regulations.

42 USC 2168.
y py 

determination.

d. The Commission may require a person or individu

fingerprinting under subsection a.(1) by authorizing or requi

any alternative biometric method for identification that has b

by–

(1) the Attorney General; and

(2) the Commission, by regulation.

e. (1) The Commission may establish and collect fe

fingerprints and criminal history records under this section.

(2) Notwithstanding section 3302(b) of title 31, Unite

and to the extent approved in appropriation Acts–

(A) a portion of the amounts collected under this 

any fiscal year may be retained and used by the C

carry out this section; and

(B) the remaining portion of the amounts collec

subsection in such fiscal year may be transferred peri

Attorney General and used by the Attorney General to 

section.

(3) Any amount made available for use under parag

remain available until expended.

Chapter 13–Patents and Inventions

Sec. 151. Inventions Relating to Atomic Weapons, and F

Reports

a.181 No patent shall hereafter be granted for any inventio

which is useful solely in the utilization of special nuclea

atomic energy in an atomic weapon. Any patent granted 

invention or discovery is hereby revoked, and just compens

made therefor.

b. No patent hereafter granted shall confer any rights w

any invention or discovery to the extent that such invention o

used in the utilization of special nuclear material or atom

atomic weapons. Any rights conferred by any patent heretofo

any invention or discovery are hereby revoked to the ex

invention or discovery is so used, and just compensation 

therefor.

c. Any person who has made or hereafter makes any 

discovery useful in the production or utilization of special nu

or atomic energy, shall file with the Commission a repor

complete description thereof unless such invention or 

described in an application for a patent filed with the Unde

Commerce for Intellectual Property and Director of the 

Patent and Trademark Office182 by such person within the 

for the filing of such report. The report covering any such 

discovery shall be filed on or before the one hundred and 

––––––––

181 Amended by P.L. 87–206, § 7, 75 Stat. 475 (1961). 182 Amended by by P.L. 106–113, Division B, § 1000(a)(9), 113 Stat 153

42 USC 2181.

Inventions 

reports.
y 

Director of the United States Patent and Trademark Office

the Commission of all applications for patents heretofore or 

which, in his opinion, disclose inventions or discoveries r

reported under subsection 151c., and shall provide the Comm

to all such applications.

“e. Reports filed pursuant to subsection c. of this 

application to which access is provided under subsection d. o

shall be kept in confidence by the Commission, and n

concerning the same given without authority of the inven

unless necessary to carry out the provisions of any Act of C

such special circumstances as may be determined by the Co

Sec. 152. Inventions Made or Conceived During Commis

Contracts

Any invention or discovery, useful in the production or 

special nuclear material or atomic energy, made or conceive

of or under any contract, subcontract, or arrangement entere

for the benefit of the Commission, regardless of whether 

subcontract, or arrangement involved the expenditure of 

Commission, shall be vested in, and be the property of, the 

except that the Commission may waive its claim to any suc

discovery under such circumstances as the Commissio

appropriate, consistent with the policy of this section. No 

invention or discovery, useful in the production or utilizat

nuclear material or atomic energy, shall be issued unless the 

with the application, or within thirty days after request th

Under Secretary of Commerce for Intellectual Property and D

United States Patent and Trademark Office186 (unless the 

advises the Under Secretary of Commerce for Intellectual 

Director of the United States Patent and Trademark Office 

have been determined and that accordingly no statement i

statement under oath setting forth the full facts surrounding 

conception of the invention or discovery described in the a

whether the invention or discovery was made or conceived in 

or under any contract, subcontract, or arrangement entered in

the benefit of the Commission, regardless of whether 

subcontract, or arrangement involved the expenditure of 

Commission. The Under Secretary of Commerce for Intelle

––––––––

183 Amended by P.L. 87–206, § 8, 75 Stat. 475 (1961). Before amendme

read as follows:

c. Any person who has made or hereafter makes any invention or d

(1) in the production or utilization of special nuclear material or at

(2) in the utilization of special nuclear material in an atomic weapo

utilization of atomic energy in an atomic weapon, shall file with th

report containing a complete description thereof unless such inven

is described in an application for a patent filed with the Commissio

such person within the time required for the filing of such report. T

covering any such invention or discovery shall be filed on or befor

the following is the later either the ninetieth day after completion o

or discovery; or the ninetieth day after such person first discovers 

to believe that such invention or discovery is useful in such produc

utilization. 184As amended by P.L. 106–113, Division B, § 1000(a)(9), 113 Stat 1536 (

185 P.L. 87–206, § 9, 75 Stat. 475 (1961), added subsection e. 186 As amended by P.L. 106–113, Division B, § 1000(a)(9), 113 Stat 153

42 USC 2182.
ppp

The Under Secretary of Commerce for Intellectual 

Director of the United States Patent and Trademark Office 

with the application and issue the patent to the applicant (if 

or discovery is otherwise patentable) unless the Commissi

days after receipt of copies of the application and stateme

Under Secretary of Commerce for Intellectual Property and D

United States Patent and Trademark Office to issue the 

Commission (if the invention or discovery is otherwise pat

held by the Commission as the agent of and on behalf of the 

If the Commission files such a direction with the Unde

Commerce for Intellectual Property and Director of the 

Patent and Trademark Office, and if the applicant’s stateme

the applicant still believes, that the invention or discovery 

or conceived in the course of or under any contract, s

arrangement entered into with or for the benefit of the 

entitling the Commission to the title to the applicant or 

applicant may, within 30 days after notification of the fil

direction, request a hearing before the Board of Patents 

Interferences. The Board shall have the power to hear a

whether the Commission was entitled to the direction filed w

Secretary of Commerce for Intellectual Property and Directo

States Patent and Trademark Office. The Board shall follow 

procedures established for interference cases and an appeal 

by either the applicant or the Commission from the final orde

to the United States Court of Appeals for the Federal Circuit 

with the procedures governing the appeals from the Bo

Appeals an Interferences.

If the statement filed by the applicant should thereafte

contain false material statements any notification by the Co

it has no objections to the issuance of a patent to the applica

deemed in any respect to constitute a waiver of the prov

section or of any applicable civil or criminal statute, and th

may have the title to the patent transferred to the Comm

records of the Under Secretary of Commerce for Intellectua

Director of the United States Patent and Trademark Office 

with the provisions of this section. A determination of 

Commission pursuant to a contractual provision or other arra

to the request of the Under Secretary of Commerce for Intelle

and Director of the United States Patent and Trademark 

statement, shall be final in the absence of false material 

nondisclosure of material facts by the applicant.188

––––––––

187 Amended by P.L. 87–615, § 11, 76 Stat. 409 (1962). Prior to amendm

was “allowances.” 188 Amended by P.L. 87–206, § 10, 75 Stat. 475 (1961), amended section 

amendment, this section read as follows:

Sec. 152. Inventions Made or Conceived During Commission Con

invention or discovery, useful in the production or utilization of sp

material or atomic energy, made or conceived under any contract, 

arrangement, or other relationship with the Commission, regardles

contract or arrangement involved the expenditure of funds by the C

shall be deemed to have been made or conceived by the Commissi

Commission may waive its claim to any such invention or discove

conceived by any person at or in connection with any laboratory u
g, y pp

(1) the invention or discovery covered by the patent i

importance in the production or utilization of special nucle

atomic energy; and (2) the licensing of such invention or di

this section is of primary importance to effectuate the policie

of this Act.

b. Whenever any patent has been declared affected w

interest, pursuant to subsection 153a.–

(1) the Commission is hereby licensed to use the 

discovery covered by such patent in performing any of its 

this Act;

(2) any person may apply to the Commission for a 

patent license to use the intervention or discovery cov

patent, and the Commission shall grant such patent licens

that it finds that the use of the invention or discovery 

–––––––– jurisdiction of the Commission as provided in section 33, or under 

circumstances as the Commission may deem appropriate. No paten

invention or discovery, useful in the production or utilization of sp

material or atomic energy, shall be issued unless the applicant files 

application, or within 30 days after request therefor by the Under S

Commerce for Intellectual Property and Director of the United Sta

Trademark Office, a statement under oath setting forth the full fact

making or conception of the invention or discovery described in th

whether the invention or discovery was made or conceived in the c

connection with or under the terms of any contract, subcontract, ar

other relationship with the Commission, regardless of whether the 

agreement involved the expenditure of funds by the Commission. 

Secretary of Commerce for Intellectual Property and Director of th

Patent and Trademark Office shall forthwith forward copies of the 

the statement to the Commission.

The Under Secretary of Commerce for Intellectual Property and D

United States Patent and Trademark Office may proceed with the a

issue the patent to the applicant (if the invention or discovery is ot

patentable) unless the Commission, within 90 days after receipt of 

application and statement, directs the Under Secretary of Commer

Property and Director of the United States Patent and Trademark O

patent to the Commission (if the invention or discovery is otherwi

be held by the Commission as the agent of and on behalf of the Un

If the Commission files such a direction with the Under Secretary 

Intellectual Property and Director of the United States Patent and T

Office, and if the applicant’s statement claims, and the applicant st

the invention or discovery was not made or conceived in the cours

connection with, or under the terms of any contract, subcontract, a

other relationship with the Commission entitling the Commission 

application or the patent the applicant may, within 30 days after no

filing of such a direction, request a hearing before a Board of Paten

The Boards shall have the power to hear and determine whether th

was entitled to the direction filed with the Under Secretary of Com

Intellectual Property and Director of the United States Patent and T

Office. The Board shall follow the rules and procedures establishe

cases and procedures established an appeal may be taken by either 

the Commission from the final order of the Board to the Court of C

Patent Appeals in accordance with the procedures governing the ap

Board of Patent Interferences (amended by P.L. 97–164 and P.L. 9

If the statement filed by the applicant should thereafter be found to 

material statements any notification by the Commission that it has 

the issuance of a patent to the applicant shall not be deemed in any 

constitute a waiver of the provisions of this section or of any appli

criminal statute, and the Commission may have the title to the pate

the Commission on the records of the Under Secretary of Commer

Intellectual Property and Director of the United States Patent and T

in accordance with the provisions of this section.
y p

(1) who has made application to the Commission for a 

section 53, 62, 63, 81, 103, or 104, or a permit or lease 

67;

(2) to whom such license, permit, or lease has been 

Commission;

(3) who is authorized to conduct such activities as su

conducting or proposed to conduct under a general lice

the Commission under section 62 or 81; or

(4) whose activities or proposed activities are aut

section 31, may at any time make application to the Com

patent license for the use of an invention or discovery 

production or utilization of special nuclear material or 

covered by a patent. Each such application shall set forth 

purpose of the use which the applicant intends to make 

license, the steps taken by the applicant to obtain a paten

the owner of the patent, and a statement of the effects, a

the applicant, on the authorized activities which will resu

to obtain such patent license and which will result from t

such patent license.

d. Whenever any person has made an application to the 

for a patent license pursuant to subsection 153c.–

(1) the Commission, within 30 days after the f

application, shall make available to the owner of the pa

information contained in such application, and shall no

of the patent of the time and place at which a hearing w

the Commission;

(2) the Commission shall hold a hearing within 60 

filing of such application at a time and place desig

Commission; and

(3) in the event an applicant applies for two or more p

the Commission may, in it discretion, order the consoli

applications, and if the patents are owned by more than on

owners may be made parties to one hearing.

e. If, after any hearing conducted pursuant to subsect

Commission finds that–

(1) the invention or discovery covered by the patent 

importance in the production or utilization of special nu

atomic energy;

(2) the licensing of such invention or discovery 

importance to the conduct of the activities of the applica

(3) the activities to which the patent license are p

applied by such applicant are of primary importance to t

of policies and purposes of this Act; and

(4) such applicant cannot otherwise obtain a patent lic

owner of the patent on terms which the Commission 

reasonable for the intended use of the patent to be m

applicant, the Commission shall license the applican

invention or discovery covered by the patent for the purp

such application on terms deemed equitable by the Co

generally not less fair than those granted by the pate

Commission to similar licensees for comparable use.

f. The Commission shall not grant any patent licens

subsection 153e. for any other purpose than that stated in th
y ppp, 

notification and hearing as provided in subsection 153d., 

separate finding as provided in subsection 153e.

g. The owner of the patent affected by a declaration or a 

by the Commission pursuant to subsection 153b. or 153e. sh

to a reasonable royalty fee from the licensee for any use of a

discovery licensed by the section. Such royalty fee may be a

such owner and the patent licensee, or in the absence of su

shall be determined for each patent license by the Commissi

subsection 157c.

h. The provisions of this section shall apply to an

application for which shall have been filed before Septembe

Sec. 154. Injunctions

No court shall have jurisdiction or power to stay, restrain

enjoin the use of any invention or discovery by a patent li

extent that such use is licensed by subsection 153b. or 15

action against such patent licensee, the court shall deter

defendant is exercising such license, the measure of damag

royalty fee determined pursuant to subsection 157c. If an

licensee shall fail to pay such royalty fee, the patentee may b

in any court of competent jurisdiction for such royalty fee, 

such costs, interest, and reasonable attorney’s fees as may b

court.

Sec. 155. Prior Art

In connection with applications for patents covered by th

fact that the invention or discovery was known or used bef

bar to the patenting of such invention or discovery even thou

knowledge or use was under secrecy within the atomic ener

the United States.

Sec. 156. Commission Patent Licenses

The Commission shall establish standards specifications 

may grant a patent license to use any patent190 declared to be 

the public interest pursuant to subsection 153a. Such a paten

not waive any of the other provisions of this Act.

Sec. 157. Compensation, Awards, and Royalties

a. Patent Compensation Board.–The Commission sha

patent Compensation Board to consider applications unde

The members of the Board shall receive a per diem compens

day spent in meetings or conferences, and all members shal

necessary traveling or other expenses while engaged in th

Board. The members of the Board may serve as such withou

provisions of section 281, 283, or 284 of title 18191 of the 

Code, except in so far as such sections may prohibit any such 

receiving compensation in respect of any particular matter w

involves the Commission or in which the Commissio

interested.

b. Eligibility.–

(1) Any owner of a patent licensed under section 158 

153b. or 153e., or any patent licensed thereunder may ma

––––––––

189 Amended by P.L. 86–50, § 114, 73 Stat. 81 (1959); P.L. 91–161, § 1,

(1969); P.L. 93–377, § 6, 88 Stat. 475 (1974). 190 Amended by P.L. 96–517, § 7(a), 94 Stat. 3027 (1980). 191 These sections have been repealed.

42 USC 2184.

42 USC 2185.

42 USC 2186.

42 USC 2187.

Eligibility.
(2) Any person seeking to obtain the just compensatio

section 151 shall make application therefor to the C

accordance with such procedures as the Commission may 

establish.

(3) Any person making any invention or discovery 

production or utilization of special nuclear material or a

who is not entitled to compensation or a royalty therefor 

and who has complied with the provisions of section 151

make application to the Commission for, and the Com

grant, an award. The Commission may also, after consu

the General Advisory Committee, and with the app

President, grant an award for any especially meritoriou

to the development, use, or control of atomic energy.

c. Standards.–

(1) In determining a reasonable royalty fee as pr

subsection 153b., or 153e., the Commission sha

consideration (A) the advice of the Patent Compensati

any defense, general or special, that might be pleaded b

in an action for infringement; (C) the extent to which

patent was developed through federally financed researc

degree of utility, novelty, and importance of the invention 

and, may consider the cost to the owner of the patent 

such invention or discovery or acquiring such patent.

(2) In determining what constitutes just compensatio

for in section 151, or in determining the amount of any 

subsection 157b.(3), the Commission shall take into 

considerations set forth in subsection 157c.(1) and the 

such invention or discovery. Such compensation may b

Commission in periodic payments or in a lump sum.

d. Period of Limitations.–Every application under this se

barred unless filed within six years after the date on which fi

right of such reasonable royalty fee, just compensation, or aw

such application is filed.193

Sec. 158. Monopolistic Use of Patents

Whenever the owner of any patent hereafter granter for 

or discovery or primary use in the utilization or product

nuclear material or atomic energy is found by a court 

jurisdiction to have intentionally used such patent in a ma

violate any of the antitrust laws specified in subsection 10

be included in the judgement of the court, in its discretion a

to any other lawful sanction, a requirement that such owne

patent to any other licensee of the Commission who demon

therefor. If the court, at its discretion, deems that such licen

reasonable royalty to the owner of the patent, the reasonabl

be determined in accordance with section 157.194

––––––––

192 Amended by P.L. 93–276, § 201, 88 Stat. 115 (1974).. 193 Subsection d. added by P.L. 87–206, § 11, 75 Stat. 475 (1961). 194 Amended by P.L. 87–206 § 12, 75 Stat. 475 (1961). 

Standards.

42 USC 2188.
pgg 

federally financed research or operations, be assigned to the 

Sec. 160. Saving Clause

Any patent application on which a patent was denied 

States Patent Office under section 11(a)(1), 11(a)(2), or 

Atomic Energy Act of 1946,195 and which is not prohibited b

or section 155 of this Act may be reinstated upon applicatio

Secretary of Commerce for Intellectual Property and Directo

States Patent and Trademark Office within one year after ena

Act and shall then be deemed to have been continuously pen

original filing date: Provided, however, That no patent iss

patent application so reinstated shall in any way furnish a 

against the Government of the United States.

Chapter 14–General Authority

Sec. 161. General Provisions

In the performance of its functions the Commission is au

a. establish advisory boards to advise with and make reco

to the Commission on legislation, policies, administration, 

other matters, provided that the Commission issues regu

forth the scope, procedure, and limitation of the authority 

board;

b. establish by rule, regulation, or order, such standards an

to govern the possession and use of special nuclear ma

material, and byproduct material as the Commission may de

or desirable to promote the common defense and security 

health or to minimize danger to life or property; in 

Commission shall prescribe such regulations or orders as ma

or desirable to promote the Nation’s common defense and 

regard to control, ownership, or possession of any equipmen

important component part especially designed for such 

device, capable of separating the isotopes of uranium or enri

in the isotope 235;196

c. make such studies and investigations, obtain such inf

hold such meetings or hearings as the Commission may deem 

proper to assist it in exercising any authority provided in this 

administration or enforcement of this Act, or any regulati

issued thereunder. For such purposes the Commission is 

administer oaths and affirmations, and by subpoena to requ

to appear and testify or appear and produce documents, o

designated place. Witnesses subpoenaed under this subsectio

the same fees and mileage as are paid witnesses in the distric

United States;197

d. Appoint and fix the compensation of such officers and 

may be necessary to carry out the functions of the Com

––––––––

195 See Atomic Energy Act of 1946, Appendix 4, section 11. 196 Amended by P.L. 101–575, 104 Stat. 2835 (1990). 197 Amended by P.L. 91–452, § 237, 84 Stat. 922 (1970), which deleted 

sentence from subsection 161c:

No person shall be excused from complying with any requirement

paragraph because of his privilege against self–incrimination, but t

provisions of the Compulsory Testimony Act of February 11, 1893

with respect to any individual who specifically claims such privile

42 USC 2190.

42 USC 2201.

5 USC 5101.
, , p, 

Commission deems such action necessary to the disc

responsibilities, personnel may be employed and their comp

without regard to such laws: Provided, however, That 

employee (except such officers and employees whose co

fixed by law, and scientific and technical personnel up to 

highest rate of grade 18 of the General Schedule of the Clas

of 1949, as amended)198 whose position would be su

Classification Act of 1949, as amended, if such Act were app

position, shall be paid a salary at a rate in excess of the rate 

such Act for positions of equivalent difficulty or responsibil

of compensation may be adopted by the Commission as may 

by the Classification Act of 1949, as amended, as of the sa

rates are authorized for positions subject to such Act.199 Th

shall make adequate provision for administrative rev

determination to dismiss any employee;

e. Acquire such material, property, equipment, and facil

or construct such buildings and facilities, and modify such 

facilities from time to time, as it may deem necessary, a

acquire, provide, or arrange for such facilities and services (

where such facilities and services are not available) for the ho

safety, welfare, and recreation of personnel employed by th

as it may deem necessary, subject to the provisions of 

Provided, however, That in the communities owned by the 

the Commission is authorized to grant privileges, leases and 

adjusted terms which (at the time of the initial grant of any pr

lease, or permit, or renewal thereof, or in order to avoid inequ

hardship prior to the sale by the United States of property af

grant)200 are fair and reasonable to responsible person

commercial businesses without advertising and without ad

and without securing competitive bids, but taking into con

addition to the price, and among other things (1) the quali

services required by the residents of the community, (2) the 

each concession applicant in the community and its surroun

the ability of the concession applicant to meet the needs of th

and (4) the contribution the concession applicant has made o

the other activities and general welfare of the community;20

f. with the consent of the agency concerned, utilize o

services or personnel of any Government agency or any 

government, or voluntary or uncompensated personnel, to 

functions on its behalf as may appear desirable;

––––––––

198 Amended by P.L. 87–793, § 1001(g), 76 Stat. 832 (1962), which add

to a limit of the highest rate of grade 18 of the General Schedule of th

Act of 1949, as amended.” Prior to this amendment, a limitation of $

imposed by P.L. 85–287, § 4, 71 Stat. 612 (1957). 199 Amended by P.L. 85–681, 72 Stat. 633 (1958). 200 Amended by P.L. 85–162 § 201, 71 Stat. 403 (1957), which added th

(at the time of the initial grant of any privilege grant, lease, or perm

thereof, or in order to avoid inequalities or undue hardship prior to 

United States of property affected by such grant.) 201 Amended by P.L. 84–722, 70 Stat. 553 (1956).
p, , , g, 

such real and personal property as provided in this Act;

h. consider in a single application one or more of the 

which a license is required by this Act, combine in a single 

more of such activities, and permit the applicant or licensee 

by reference pertinent information already filed with the Co

i. prescribe such regulations or order as it may deem nec

(1) to protect Restricted Data received by any person 

with any activity authorized pursuant to this Act,

(2) to guard against the loss or diversion of any s

material acquired by any person pursuant to section 53 o

any person in connection with any activity authorized p

Act, to prevent any use or disposition thereof which the 

may determine to be inimical to the common defense 

including regulations or orders designating activiti

quantities of special nuclear material which in the o

Commission are important to the common defense and 

may be conducted only by persons whose character, ass

loyalty shall have been investigated under standards and 

established by the Commission and as to whom the Com

have determined that permitting each such person to 

activity will not be inimical to the common defense and 

(3) to govern any activity authorized pursuant to 

including standards and restrictions governing the design

operation of facilities used in the conduct of such activi

protect health and to minimize danger to life or property

(4) to ensure that sufficient funds will be avai

decommissioning of any production or utilization fac

under section 103 or 104b., including standards an

governing the control, maintenance, use, and disburse

former licensee under this Act that has control over an

decommissioning of the facility,204

j. without regard to the provisions of the Federal 

Administrative Services Act of 1949, as amended, except 

that Act, or any other law, make such disposition as it may d

of (1) radioactive materials, and (2) any other property

disposition of which is, in the opinion of the Commission, 

of the national security: Provided, however, That the propert

licensees in accordance with the provisions of subsection 1

be deemed to be properly disposed of by the commission p

subsection;

k. Authorize such of its members, officers, and employe

necessary in the interest of the common defense and sec

firearms while in the discharge of their official duties. The 

may also authorize such of those employees of its co

subcontractors (at any tier) engaged in the protection of prop

jurisdiction of the United States located at facilities owned by 

to the United States or being transported to or from such 

––––––––

202 The text of Executive Order 9816, providing for the transfer of prope

personnel of the Manhattan Engineer District to the Atomic Energy C

January 1, 1947, will be found in Appendix 8. 203 Amended by P.L. 93–377, §7, 88 Stat. 475 (1974). 204 Amended by P.L. 109–58, § 626, 119 Stat. 784 (2005).

40 USC 471.

40 USC 488 

note.

42 USC 2201(K).
y y, 

performance of, and in connection with, official duties, 

without warrant for any offense against the United States com

person’s presence or for any felony cognizable under the law

States if that person has reasonable grounds to believe that 

to be arrested has committed or is committing such felony. 

of a contractor or subcontractor authorized to carry firear

subsection may make such arrests only when the individual 

is within, or in direct flight from, the area of such offense. A p

authority to make arrests by this subsection may exercise 

only in the enforcement of (1) laws regarding the property 

States in the custody of the Department of Energy, the Nucle

Commission, or a contractor of the Department of Energ

Regulatory Commission, or (2) any provision of this Act tha

an offender to a fine, imprisonment, or both. The arrest autho

by this subsection is in addition to any arrest authority und

The Secretary, with the approval of the Attorney Gener

guidelines to implement this subsection;205

m.206 enter into agreements with persons licensed unde

104, 53a.(4), or 63a.(4)207 for such periods of time as the Com

deem necessary or desirable (1) to provide for the processin

separating, or refining in facilities owned by the Commiss

byproduct, or other material or special nuclear material own

available to such licensees and which is utilized or produced 

of the licensed activity, and (2) to sell, lease, or otherwise m

to such licensees such quantities of source or byproduct mate

material not defined as special nuclear material pursuant to th

be necessary for the conduct of the licensed activities; Provi

That any such agreement may be canceled by the licensee at 

payment of such reasonable cancellation charges as may b

by the licensee and the Commission: and provided, furt

Commission shall establish prices to be paid by licensees f

services to be furnished by the Commission pursuant to th

which prices shall be established on such a nondiscriminato

the opinion of the Commission, will provide reasonable co

the Government for such material or services and will not d

development of sources of supply independent of the Comm

n.208 delegate to the General Manager or other of

Commission any of those functions assigned to it under th

––––––––

205 Amended by P.L. 99–661, 100 Stat. 4064 (1986); P.L. 97–90, § 211, 

(1981). 206 Amended by P.L. 87–456, § 303(c), 76 Stat. 72 (1962), the Tariff Cla

1962, repealed § 161 l, effective on the 10th day following a Presiden

concerning tariff schedules, import restrictions, and related matters. T

was issued on August 21, 1963 (3 CFR, Proclamation 3548). Section 

follows:

l. Secure the admittance free of duty into the United States of purc

abroad of source materials, upon certification to the Security of the 

such entry is necessary in the interest of the common defense and 

207 Amended by P.L. 86–300, § 1, 73 Stat. 574 (1959). 208 Amended by P.L. 85–507, § 21, 72 Stat. 327 (1958), which repealed 

subsection 161n and relettered subsequent subsections accordingly.

Previously, subsection 161 n. read as follows:
), ,

;

o. require by rule, regulation, or order, such reports, and 

such records with respect to, and to provide for such in

activities and studies of types specified in section 31 and of a

licenses issued pursuant to sections 53, 63, 81, 103, and 1

necessary to effectuate the purposes of this Act, including se

p. make, promulgate, issue, rescind, and amend su

regulations as may be necessary to carry out the purposes of 

q. The Commission is empowered, under such terms and 

are deemed advisable by it, to grant easements for rights

across, in, and upon acquired lands under its jurisdiction an

public lands permanently withdrawn or reserved for th

Commission, to any State, political subdivision thereof, or m

to any individual, partnership, or corporation of any State

possession of the United States, for (a) railroad tracks; (b) 

(c) substations for electric power transmission lines, teleph

telegraph lines, and pumping stations for gas, water, sewer

lines; (d) canals; (e) ditches; (f) flumes; (g) tunnels; (h) dams 

in connection with fish and wildlife programs, fish hatcher

fish-cultural improvements; (i) roads and street; and (j) 

purpose or purposes deemed advisable by the Commission: P

such rights-of-way shall be granted only upon a finding by th

that the same will not be incompatible with the public inte

further, That such rights-of-way shall not include any mor

reasonably necessary for the purpose for which granted: 

further, That all or any part of such right-of-way may be 

forfeited by the Commission for failure to comply with 

conditions of any grant hereunder or for nonuse for a p

consecutive years or abandonment of rights granted under au

Copies of all instruments granting easements over public lan

this section shall be furnished to the Secretary of the Interio

r. Under such regulations and for such periods and at s

Commission may prescribe, the Commission may sell or con

purchasers within Commission-owned communities or in t

vicinity of the Commission community, as the case may b

following utilities and related services, if it is determined th

–––––––– n. Assign scientific, technical, professional, and administrative em

instruction, education, or training by public or private agencies, in

learning, laboratories, or industrial or commercial organizations an

whole or any part of the salaries of such employees, costs of their 

and per diem in lieu of subsistence in accordance with applicable l

regulation, and training charges incident to their assignments (incl

other related fees): Provided, however, That (1) not more than one 

the eligible employees shall be so assigned during any fiscal year, 

assignment shall be approved in advance by the Commission or sh

accordance with a training program previously approved by the Co

provided further, That appropriations or other funds available to th

for salaries or expenses shall be available for the purposes of this s

209 Amended by P.L. 90–190, § 11, 81 Stat. 575 (1967). 210 Amended by P.L. 91–560, § 7, 84 Stat. 1472 (1970), amended subsec

striking out at this point the following: “102 (with respect to the findi

value).” 211 Amended by P.L. 87–615, § 12, 76 Stat. 409 (1962). 212 Amended by P.L. 84–1006, § 4, 70 Stat. 1069, which added subsectio

subsection r).

Easements for 

rights-of-way.
() p

(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 cr

appropriation currently available for the supply of that util

To meet local needs the Commission may make minor ex

extensions of any distributing system or facility within or in 

vicinity of a Commission-owned community through whi

service is furnished under this subsection.213

s. establish a plan for a succession of authority which w

community of direction of the Commission’s operations in 

national disaster due to enemy activity. Notwithstandi

provision of this Act, the person or persons succeeding to co

event of disaster in accordance with the plan established pu

subsection shall be vested with all of the authority of the 

Provided, That any such succession to authority, and vestin

shall be effective only in the event and as long as a quoru

more members of the Commission is unable to convene 

direction during the disaster period: Provided further, Th

period includes the period when attack on the United State

and the post-attack period necessary to reestablish nor

command;214

t. enter into contracts for the processing, fabricating, 

refining in facilities owned by the Commission of source, 

other material, or special nuclear material, in accordance w

the period of an agreement for cooperation while comparab

available to persons licensed under section 103 or 104: Prov

prices for services under such contracts shall be no less th

currently charged by the Commission pursuant to section 16

u. (1) enter into contracts for such periods of time as th

may deem necessary or desirable, but not to exceed five y

date of execution of the contract, for the purchase or acquisi

services or services related to or required by the operation o

(2) (A) enter into contracts for such periods of 

Commission may deem necessary or desirable for th

acquisition of any supplies, equipment, materials, or ser

by the Commission whenever the Commission determin

advantageous to the Government to make such purchase 

from commercial sources; (ii) the furnishing of s

equipment, materials, or services will require the co

acquisition of special facilities by the vendors or supplie

the amortization chargeable to the Commission c

––––––––

213 Amended by P.L. 85–162, § 204, 71 Stat. 410 (1957), added subsecti

subsection s). 214 Amended by P.L. 85–681 § 7, 72 Stat. 632 (1958), amended section 

new subsections t, u, and v. P.L. 87–206, § 13, 75 Stat. 475 ( 1961), c

designation of subsections t, u, and v to subsections s, t, and u, respec

Succession of 

authority.

Processing

contracts.

Long term 

contract 

authority.
authority of this subsection. Such contracts shall be en

periods not to exceed five years each from the date of i

of such supplies, equipment, materials, or services or t

the date of execution of the contracts excluding perio

under option.

(B) In entering into such contracts the Commi

guided by the following principles: (i) the percenta

cost of special facilities devoted to contract per

chargeable to the Commission should not exceed the 

the period of contract deliveries and the anticipated 

such special facilities; (ii) the desirability of obtain

renew the contract for reasonable periods at prices 

charges for special facilities already amortized; 

desirability of reserving in the Commission the right 

the special facilities under appropriate circumstances

(3) include in contracts made under this subsecti

which limit the obligation of funds to estimated annual 

services and the unamortized balance of such amounts d

facilities as the parties shall agree is chargeable to the p

the contract. Any appropriation available at the time of 

thereafter made available to the Commission for opera

shall be available for payment of such costs which m

termination as the contract may provide. The term “spe

as used in this subsection means any land and an

buildings, structures, utilities, machinery, equipment, 

necessary for the production or furnishing of such suppli

materials, and services and not available to the vendors o

the performance of the contract.215

v. provide services in support of the United State

Corporation, except that the Secretary of Energy shall an

payments and other charges from the Corporation suffici

recovery of the costs (excluding depreciation and impute

original plant investments in the Department’s gaseous di

and costs under section 1403(d)) incurred by the Departm

after the date of the enactment of the Energy Policy A

performing such services;.216

w. prescribe and collect from any other Government a

applies to the Commission for, or is issued by the Commis

or certificate, any fee, charge, or price which it may require, 

with the provisions of section 9701 of Title 31 or any other 

––––––––

215 Amended by P.L. 86–300, § 1, 73 Stat. 574 (1959). 216 Added by P.L. 88–489, § 16, 78 Stat. 602 (1964). Amended by P.L. 1

Stat. 2944 (1992). 217 Added by P.L. 92–314, § 301, 86 Stat. 222 (1972). Amended by P.L. 

Stat. 2944 (1992). P.L. 109–58, § 623, 119 Stat. 783 (2005), rewrote 

which formerly read as follows: 

w. prescribe and collect from any other Government agency, whic

issued a license for a utilization facility designed to produce electr

energy pursuant to section 103 or 104b., including standards and r

governing the control, maintenance, use, and disbursement by any 

under this chapter that has control over any fund for the decommis

facility.

Contract 

authority.
y y 

ensure–

(1) that an adequate bond, surety, or other financial ar

determined by the Commission) will be provided, befo

of any license for byproduct materials as defined in secti

a licensee to permit the completion of all requirements 

the Commission for the decontamination, decommi

reclamation of sites, structures, and equipment used i

with byproduct material as so defined, and

(2) that–

(A) in the case of any such license issued or renewed af

the enactment of this subsection, the need for long-term ma

monitoring of such sites, structures and equipment after t

such license will be minimized and, to the maximum exte

eliminated; and

(B) in the case of each license for such material (wheth

the date of the enactment of this section or issued or renew

if the Commission determines that any such long-term ma

monitoring is necessary, the licensee, before termination of a

byproduct material as defined in section 11e.(2), will make 

bonding, surety, or other financial arrangements as may be 

assure such long-term maintenance and monitoring.

Such standards and instructions promulgated by the 

pursuant to this subsection shall take into account, as dete

Commission, so as to avoid unnecessary duplication 

performance bonds or other financial arrangements which a

other Federal agencies or State agencies and/or other lo

bodies for such decommissioning, decontamination, and re

long-term maintenance and monitoring except that no

paragraph shall be construed to require that the Commissio

bonds or arrangements if the Commission determines that 

arrangements are not adequate to carry out subparagraphs 

this subsection.218

Sec. 161A. Use of Firearms by Security Personnel219

a. DEFINITIONS–In this section, the terms ‛hand

‛shotgun’, ‛firearm’, ‛ammunition’, ‛machine gun’, ‛

shotgun’, and ‛short-barreled rifle’ have the meanings give

section 921(a) of title 18, United States Code.

b. AUTHORIZATION–Notwithstanding subsections 

(b)(2), (b)(4), and (o) of section 922 of title 18, United States 

925(d)(3) of title 18, United States Code, section 5844 o

Revenue Code of 1986, and any law (including regulations) 

political subdivision of a State that prohibits the tran

possession, transportation, importation, or use of a handg

shotgun, a short-barreled shotgun, a short-barreled rifle, a m

semiautomatic assault weapon, ammunition for any such gu

or a large capacity ammunition feeding device, in carrying 

of the Commission, the Commission may authorize the secu

of any licensee or certificate holder of the Commission 

employee of a contractor of such a licensee or certificate hold

––––––––

218 Subsection x. added by P.L. 95–604, § 203, 92 Stat. 3036 (1978). 219 Added by P.L. 109–58, Title VI, § 653, 119 Stat. 811 (2005).

42 USC 2014.

42 USC 2201a.
() y g

duties of the security personnel; and

(2) the security personnel–

(A) are not otherwise prohibited from p

receiving a firearm under Federal or State law

possession of firearms by a certain category of pe

(B) have successfully completed any requirem

section for training in the use of firearms 

maneuvers;

(C) are engaged in the protection of–

(i) a facility owned or operated by 

certificate holder of the Commission that 

by the Commission; or

(ii) radioactive material or other prop

possessed by a licensee or certificate 

Commission, or that is being transported 

facility owned or operated by such a 

certificate holder, and that has been dete

Commission to be of significance to 

defense and security or public health and 

(D) are discharging the official duties of 

personnel in transferring, receiving, possessing, tr

importing the weapons, ammunition, or devices.

c. BACKGROUND CHECKS–A person that receiv

transports, imports, or uses a weapon, ammunition, or a 

subsection (b) shall be subject to a background check by 

General, based on fingerprints and including a background 

section 103(b) of the Brady Handgun Violence Prevention A

103–159; 18 U.S.C. 922 note) to determine whether 

prohibited from possessing or receiving a firearm under Fe

law.

d. EFFECTIVE DATE–This section takes effect on the 

guidelines are issued by the Commission, with the approval o

General, to carry out this section.

Sec. 162. Contracts

The President may, in advance, exempt any specific 

Commission in a particular matter from the provisions of l

contracts whenever he determines that such action is es

interest of the common defense and security.

Sec. 163. Advisory Committees

The members of the General Advisory Committee establ

to section 26 and the members of advisory boards establish

section 161a. may serve as such without regard to the provis

281, 283, or 284 of title 18220 of the United States Code, exc

such sections may prohibit any such member from receiving 

from a source other than a nonprofit educational institution22

any particular matter which directly involves the Commissio

the Commission is directly interested.222

––––––––

220 These sections have been repealed. 221 Amended by P.L. 86–300, § 2, 73 Stat. 574 (1959). 222 Amended by P.L. 87–849, § 2, 76 Stat. 1119 (1962), which revised th

conflict of interest laws. All exemptions from the provisions of sectio

42 USC 2202.

42 USC 2203.
pg, , 

Commission, without regard to section 3679 of the Revise

amended, to enter into new contracts or modify or con

contracts to provide for electric utility serves for periods 

twenty-five years, and such contracts shall be subject to term

Commission upon payment of cancellation costs as prov

contracts, and any appropriation presently or hereafter mad

the Commission shall be available for the payment of suc

costs. Any such cancellation payments shall be taken into co

determination of the rate to be charged in the event the Comm

other agency of the Federal Government shall purchase 

services from the contractors subsequent to the cancellation 

life of the original contract. The authority of the Commiss

section to enter into new contracts or modify or confirm exi

to provide for electric utility services includes, in case such 

services are to be furnished to the Commission by the Ten

Authority, authority to contract with any person to furnish 

services to the Tennessee Valley Authority in replacement 

contract hereafter entered into by the Commission pursuant 

shall be submitted to the Energy Committees223 and a period 

shall elapse while Congress is in session (in computing suc

there shall be excluded the days on which either House is 

because of adjournment for more than three days) before t

the Commission shall become effective: Provided, howe

Energy Committees, after having received the proposed con

resolution in writing, waive the conditions of or all or any p

thirty-day period.

Sec. 165. Contract Practices

a. In carrying out the purposes of this Act the Commissio

the cost-plus-percent age-of-cost system of contracting.

b. No contract entered into under the authority of this Act 

and no contract entered into under the authority of the Atom

of 1946, as amended, shall be modified or amended afte

enactment of this Act to provide, for direct payme

reimbursement by the Commission of any Federal income t

of any contractor performing such contract for profit.

Sec. 166. Comptroller General Audit

No moneys appropriated for the purposes of this Act sha

for payments under any contract with the Commission, nego

advertising, except contracts with any foreign government 

thereof and contracts with foreign producers, unless such con

a clause to the effect that the Comptroller General of the Un

any of his duly authorized representatives shall, until the expi

years after final payment, have access to and the right to 

directly pertinent books, documents, papers, and records of 

or any of his subcontractors engaged in the performance of, 

–––––––– 284 of Title 18 of the U.S. Code are deemed to be exemptions from t

sections of the new conflict-of-interest law “except to the extent that 

officers or employees of the executive branch of the United States Go

any independent agency of the United States, * * * as to whom they a

applicable.” 223 Amended by P.L. 103–437, § 15(f)(7), 108 Stat. 4581 (1994).

42 USC 2205.

42 USC 2206.
y ppg 

Government Accountability Office of any transaction under 

and provided further, That nothing in this section shall precl

disposal of contractor and subcontractor records in acc

records disposal schedules agreed upon between the Comm

General Accounting Office.224

Sec. 167. Claims Settlements

The Commission, acting on behalf of the United States

to consider, ascertain, adjust, determine, settle, and pay, 

money damage of $5,000 or less against the United States for 

death, or damage to or loss of real or personal property resu

detonation, explosion, or radiation produced in the conduct o

undertaken by the Commission involving the detonation o

device, where such claim is presented to the Commission in 

one year after the accident or incident out of which the 

Provided, however, That the damage to or loss of property, o

or death, shall not have been caused in whole or in part by a

or wrongful act on the part of the claimant, his agents, or em

such settlement under the authority of this section shall 

conclusive for all purposes, notwithstanding any other prov

the contrary. If the Commission considers that a claim in ex

is meritorious and would otherwise be covered by this 

Commission may report the facts and circumstances t

Congress for its consideration.225

Sec. 168. Payments in Lieu of Taxes

In order to render financial assistance to those States an

which the activities of the Commission are carried on, and 

Commission has acquired property previously subject to S

taxation, the Commission is authorized to make payment

local governments in lieu of property taxes. Such payments 

amounts, at times, and upon the terms the Commission deem

but the Commission shall be guided by the policy of not mak

in excess of the taxes which would have been payable for su

the condition in which it was acquired, except in cases 

burdens have been cast upon the State or local government b

the Commission, the Manhattan Engineer District or their 

such case, any benefit accruing to the State or local governm

––––––––

224 Amended by P.L. 85–681, §8, 72 Stat. 632 (1958); P.L. 108–271, §8(

(2004). 225 Amended by P.L. 87–206, §14, 75 Stat. 474 (1961). Prior to amendm

read as follows:

Sec. 167. Claim Settlements–The Commission, acting on behalf of 

States, is authorized to consider, ascertain, adjust, determine, settle

claim for money damage of $5,000 or less against the United State

injury, death, or damage to or loss of real or personal property resu

detonation, explosion, or radiation produced in the conduct of the 

program for testing atomic weapons, where such claim is presente

Commission in writing within one year after the accident or incide

the claim arises: Provided, however, That the damage to or loss of 

bodily injury or death, shall not have been caused in whole or in p

negligence or wrongful act on the part of the claimant, his agents, 

Any such settlement under the authority of this section shall be fin

for all purposes, notwithstanding any other provision of law to the 

42 USC 2207.

42 USC 2208.
y

No funds of the Commission shall be employed in the c

operation of facilities licensed under section 103 or 104 

contract or other arrangement entered into pursuant to sectio

Sec. 170. Indemnification and Limitation of Liability226

a. REQUIREMENT OF FINANCIAL PROTEC

LICENSEES227–Each license issued under section 103 or 

construction permit issued under section 185 shall, and each 

under section 53, 63, or 81 may, for the public purposes c

2i., have as a condition of the license a requirement that the 

and maintain financial protection of such type and in such a

Nuclear Regulatory Commission (in this section referr

“Commission”)228 in the exercise of its licensing and regula

and responsibility shall require in accordance with subsecti

public liability claims. Whenever such financial protection 

may be a further condition of the license that the license

maintain an indemnification agreement in accordance with 

The Commission may require, as a further condition of issu

that an applicant waive any immunity from public liability 

Federal or State law.229

b. AMOUNT AND TYPE OF FINANCIAL PROTE

LICENSEES230

(1)231 The amount of primary financial protection232 

be the amount of liability insurance available from pr

except that the Commission may establish a lesser amou

of criteria set forth in writing, which it may revise from 

taking into consideration such factors as the following: 

and terms of private insurance, (B) the type, size, and l

licensed activity and other factors pertaining to the hazar

nature and purpose of the licensed activity: Provided, Th

designed for producing substantial amounts of electricity 

rated capacity of 100,000 electrical kilowatts or more, 

primary financial protection233 required shall be the max

available at reasonable cost and on reasonable terms 

sources (excluding the amount of private liability insur

under the industry retrospective rating plan required in th

Such primary financial protection may include priva

––––––––

226 Added by P.L. 85–256, § 4, 71 Stat. 576 (1957). 227 Amended by P.L. 100–408, §16(e)(1), 102 Stat. 1080 (1988). 228 Amended by P.L. 100–408, § 16(a)(2), 102 Stat. 1079 (1988). 229 Amended by P.L. 94–197, § 2, 89 Stat. 1111 (1975). Prior to amendm

subsection 170a read as follows:

a. Each license issued under section 103 or 104 and each construct

under section 185 shall, and each license issued under section 53, 

have as a condition of the license a requirement that the licensee h

financial protection of such type and in such amounts as the Comm

require in accordance with subsection 170b. to cover public liabili

Whenever such financial protection is required, it shall be a furthe

license that the licensee execute and maintain an indemnification a

accordance with subsection 170c. The Commission may require, a

condition of issuing a license, that an applicant waive any immuni

liability conferred by Federal or State law. 230 Amended by P.L. 100–408, § 16(e)(2), 102 Stat. 1080, (1988). 231 Amended by P.L. 100–408, § 2(C)(1), 102 Stat. 1066 (1988). 232 Amended by P.L. 100–408, §§ 2(a)(1), (2), (C)(2), 102 Stat. 1066 (19

233 Amended by P.L. 100–408, § 2(a)(1), 102 Stat. 1066 (1988).

42 USC 2210.

Indemnification 

agreement.

Waiver.

Liability 

insurance.
regulation, or order, prescribe. The Commission shall req

that are required to have and maintain primary financ

equal to the maximum amount of liability insurance a

private sources to maintain, in addition to such prim

protection, private liability insurance available unde

retrospective rating plan providing for premium charg

whole of major part until public liability from a nu

exceeds or appears likely to exceed the level of the prim

protection required of the licensee involved in the nuc

Provided, That such insurance is available to, and require

licensees of such facilities without regard to the manner 

obtain other types or amounts of such primary financial p

provided further, That the maximum amount of the stan

premium that may be charged a licensee following any nu

under such a plan shall not be more than $95,800,000

adjustment for inflation under subsection t.) but no

$15,000,000 in any 1 year (subject to adjustment for i

subsection t.),235 for each facility for which licensee 

maintain the maximum amount of primary financial p

provided further, That the amount which may be charg

following any nuclear incident shall not exceed the licen

share of the aggregate public liability claims and costs (e

costs subject to subsection o.(1)(D), payment of which 

authorized under such subsection) arising out of the nu

Payment of any State premium taxes which may be app

deferred premium provided for in this Act shall be the re

the licensee and shall not be included in the retrospec

established by the Commission.236

(2)237(A) The Commission may, on a case by case 

annual deferred premium amounts less than the sta

deferred premium amount assessed under paragraph (1)–

(i) for any facility, if more than one nuclear in

in any one calendar year; or

(ii) for any licensee licensed to operate m

facility, if the Commission determines that the fin

of assessing the standard annual deferred prem

under paragraph (1) would result in undue financ

such licensee or the ratepayers of such licensee.

(B) In the event that the Commission assesses a 

deferred premium amount under subparagrap

Commission shall require payment of the differenc

––––––––

234 Amended by P.L. 109–58, Title VI, § 603(1), 119 Stat. 780 (2005), w

“$63,000,000” and inserted “$95,800,000.” 235 Amended by P.L. 109–58, Title VI, § 603(1), 119 Stat. 780 (2005), w

“10,000,000 in any 1 year” and inserted “15,000,000 in any 1 year (su

adjustment for inflation under subsection (t) of this section).” 236 Amended by P.L. 100–408, § 2(a)(1), (3), (b), 102 Stat. 1066 (1988). 

sentence of paragraph (1) read as follows: 

The Commission shall require licensees that are required to have a

primary financial protection equal to the maximum amount of liab

available from private sources to maintain, in addition to such prim

protection, 237 Added by P.L. 100–408, § 2(C)(4), 102 Stat. 1066 (1988).
p, 

Secretary of Treasury on the basis of the current av

yield on outstanding marketable obligations of the U

comparable maturities during the month preceding th

standard annual deferred premium assessment under 

would become due.238

(3) The Commission shall establish such require

necessary to assure availability of funds to meet any 

deferred premiums within a reasonable time when d

provide reinsurance or shall otherwise guarantee the pa

premiums in the event it appears that the amount of such p

not be available on a timely basis through the resour

industry and insurance. Any agreement by the Comm

licensee or indemnitor to guarantee the payment of defer

may contain such terms as the Commission deems appro

out the purposes of this section and to assure reimbur

Commission for its payments made due to the failure of 

or indemnitor to meet any of its obligations arising 

connection with financial protection required under th

including without limitation terms creating liens upon 

facility and the revenues derived there from or any oth

revenues of such licensee to secure such reimbursement 

the automatic revocation of any license.239

(4)240 (A) In the event that the funds available to pa

in any year are insufficient as a result of the limitation o

of deferred premiums that may be required of a license

under paragraph (1) or (2), or the Commission is requ

reinsurance or guaranteed payments under paragr

Commission shall, in order to advance the necessary fun

(i) request the Congress to appropriate suffi

satisfy such payments; or

(ii) to the extent approved in appropriation Ac

Secretary of the Treasury obligations in suc

denominations, bearing such maturities, and su

––––––––

238 Amended by P.L. 100–408, § 2(C)(3), 102 Stat. 1066 (1988), which s

fifth and sixth sentences of existing paragraph (1), which had authori

Commissioner to establish a minimum amount which the aggregate d

premiums charged for each facility within one calendar year could no

which had authorized the Commissioner to establish amounts less tha

premium for individual facilities taking into account such factors as t

location, and other factors pertaining to the hazard. See paragraph (2) 

provisions. 239 Amended by P.L. 94–197, § 3, 89 Stat. 1111 (1975). Prior to amendm

subsection 170b read as follows:

b. The amount of financial protection required shall be in the amou

insurance available from private sources, except that the Commiss

a lesser amount on the basis of criteria set forth in writing, which i

time to time, taking into consideration such factors as the followin

and terms of private insurance, (2) the type, size and location of th

activity and other factors pertaining to the hazard, and (3) the natu

the licensed activity: Provided, That for facilities designed for prod

amounts of electricity and having a rated capacity of 100,000 elect

more, the amount of financial protection required shall be the max

available from private sources. Such financial protection may inclu

insurance, private contractual indemnities, self insurance, other pr

responsibility, or a combination of such measures. 240 Added by P.L. 100–408, § 2(d)(2), 102 Stat. 1067 (1988).

Claims.
() pppppp

reinsurance or guaranteed payments under paragraph 

appropriated under subparagraph (A)(i) shall be 

general fund of the United States Treasury from a

available by standard deferred premium assessments

at a rate determined by the Secretary of Treasury on t

current average market yield on outstanding marketab

of the United States of comparable maturities duri

preceding the date that the funds appropriated 

subparagraph are made available.

(C) Except for funds appropriate for purpose

reinsurance or guaranteed payments under pa

redemption of obligations issued under subparagrap

be made by the Commission from amounts made 

standard deferred premium assessments. Such obl

bear interest at a rate determined by the Secretary o

taking into consideration the average market yield o

marketable obligations to the United States o

maturities during the month preceding the issu

obligations under this paragraph. The Secretary of 

shall purchase any issued obligations, and for suc

Secretary of the Treasury may use as a public debt t

proceeds from the sale of any securities issued under 

title 31, United States Code, and the purposes for wh

may be issued under such chapter are extended t

purchase of such obligations. The Secretary of the Tr

any time sell any of the obligations acquired by the S

Treasury under this paragraph. All redemptions, p

sales by the Secretary of the Treasury of obligatio

paragraph shall be treated as public debt transactions 

States.

(5)241 (A) For purposes of this section only, the Com

consider a combination of facilities described in subpar

be a single facility having a rated capacity of 100,

kilowatts or more.

(B) A combination of facilities referred to in sub

is two or more facilities located at a single site, each 

rated capacity of 100,000 electrical kilowatts or more 

than 300,000 electrical kilowatts, with a combined 

of not more than 1,300,000 electrical kilowatts.

c. INDEMNIFICATION OF NUCLEAR RE

COMMISSION LICENSEES–The Commission shall, w

licenses issued between August 30, 1954, and December 3

which it requires financial protection of less than $560,000

indemnify and hold harmless the licensee and other person

as their interest may appear, from public liability arising 

incidents which is in excess of the level of financial protecti

the licensee. The aggregate indemnity for all persons in

connection with each nuclear incident shall not exceed 

excluding costs of investigating and settling claims and defe

––––––––

241 Added by P.L. 109–58, Title VI, § 608, 119 Stat. 781 (2005). 242 Amended by P.L. 108–7, Div. O, § 101, 117 Stat. 551 (2003); P.L. 10

§ 602(a), 119 Stat. 779 (2005).

Securities.
$,,p

arising out of or in connection with the licensed activity. W

any production or utilization facility for which a construc

issued between August 30, 1954, and December 31, 2025, the 

of this subsection shall apply to any license issued for 

subsequent to December 31, 2025.243

d.(1)(A) In addition to any other authority the Secretary 

this section referred to as the "Secretary") may have, 

shall, until December 31, 2025, enter into ag

indemnification under this subsection with any pers

conduct activities under a contract with the Department 

involve the risk of public liability and that are not subje

protection requirements under subsection b. or a

indemnification under subsection c. or k.244

––––––––

243 Amended by P.L. 109–58, Title VI, § 602(b), 119 Stat. 779 (2005); P

§§ 5(a) and (b), 89 Stat. 1111 (1975); P.L. 89–210, § 1, 79 Stat 855 (

previously amended subsection 170c. Prior to amendment, this subse

follows:

c. The commission shall, with respect to licenses issued between A

and August 1, 1967, for which it requires financial protection, agre

and hold harmless the licensee and other persons indemnified, as t

appear, from public liability arising from nuclear incidents which i

level of financial protection required of the license. The aggregate 

persons indemnified in connection with each nuclear incident shal

$500,000,000 including the reasonable costs of investigating and s

and defending suits for damage. Such a contract of indemnification 

public liability arising out of or in connection with the licensed act

respect to any production or utilization facility for which a constru

issued between August 30, 1954, and August 1, 1967, the requirem

subsection shall apply to any license issued for such facility subseq

August 1, 1967.

P.L. 88–394, § 2, 78 Stat. 376 (1964), had previously amended subsection 

the last sentence. 244 Amended by P.L. 109–58, Title VI, § 602(b), 119 Stat. 779 (2005); P.L

Div. C, Title XXXI, § 3141, 118 Stat. 2171 (2004); P.L. 100–408, 10

(1988); P.L. 94–197, §§ 5(a) and (b), 89 Stat 1111 (1975); P.L. 89–2

855 (1965), had previously amended the first two sentences of subsec

to amendment, these sentences read as follows:

d. In addition to any other authority the Commission may have, th

authorized until August 1, 1967, to enter into agreements of indem

its contractors for the construction or operation of production or ut

or other activities under contracts for the benefit of the United Stat

activities under the risk of public liability for a substantial nuclear 

agreements of indemnification the Commission may require its co

provide and maintain financial protection of such a type and in suc

Commission shall determine to be appropriate to cover public liab

of or in connection with the contractual activity, and shall indemni

indemnified against such claims above the amount of the financial 

required, in the amount of $500,000,000 including the reasonable 

investigating and settling claims and defending suits for damage in 

for all persons indemnified in connection with such contract and fo

incident: Provided: That in the case of nuclear incidents occurring 

United States, the amount of the indemnity provided by the Comm

exceed $100,000,000.

P.L. 87–615, § 6, 76 Stat. 409 (1962), had previously amended the second 

subsection 170d. by adding the proviso providing that in the case of i

occurring outside the United States, the amount of indemnity provide

Commission shall not exceed $100 million.
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means of indemnification for public liability 

activities described in such subparagraph, inclu

conducted under a contract that contains an in

clause under Public Law 85-804 entered into be

1, 1987, and the date of enactment of the P

Amendments Act of 1988.

(II) The Secretary may incorporate in a

indemnification under subparagraph (A) the prov

to the waiver of any issue or defense as to 

governmental immunity authorized in subsectio

incorporated in agreements of indemnificatio

provisions incorporated under this subclause sha

nuclear incident arising out of nuclear waste act

to an agreement of indemnification under subpar

(ii) Public liability arising out of nuclear waste ac

to an agreement of indemnification under subparagra

funded by the Nuclear Waste Fund established in sec

Nuclear Waste Policy Act of 1982 (42 USC 10

compensated from the Nuclear Waste Fund in an a

exceed the maximum amount of financial protectio

licensees under subsection b.

(2) In an agreements of indemnification entere

paragraph (1), the Secretary–

(A) may require the contractor to provide and mai

protection of such a type and in such amounts as the S

determine to be appropriate to cover public liability 

or in connection with the contractual activity; and

(B) shall indemnify the persons indemnified 

liability above the amount of the financial protectio

the amount of $10,000,000,000 (subject to adjustmen

under subsection t.), in the aggregate, for all persons i

connection with the contract and for each nuc

including such legal costs of the contractor as are ap

Secretary.245

(3) All agreements of indemnification under which th

of Energy (or its predecessor agencies) may be required 

any person under this section shall be deemed to be am

date of enactment of the Price-Anderson Amendments A

reflect the amount of indemnity for public liability and a

financial protection required of the contractor under this 

––––––––

245 Amended by P.L. 109–58, Title VI, § 604(a), 119 Stat. 780 (2005), w

paragraph (2). Prior to amendment, the paragraph read as follows: 

In agreements of indemnification entered into under paragraph (1)

may require the contractor to provide and maintain financial prote

type and in such amounts as the Secretary shall determine to be ap

cover public liability arising out of or in connection with the contr

and shall indemnify the persons indemnified against such claims a

of the financial protection required, to the full extent of the aggreg

liability of the persons indemnified for each nuclear incident, inclu

costs of the contractor as are approved by the Secretary. 246 Amended by P.L. 109–58, Title VI, section 604(b), 119 Stat. 780 (20

rewrote paragraph (3). Prior to amendment, the paragraph read as fol

Claims.
y p

demonstration reactor licensed by the Commission und

of the Energy Reorganization Act of 1974 (42 USC 5842

(5) In the case of nuclear incidents occurring outsi

States, the amount of the indemnity provided by the Com

this subsection shall not exceed $500,000,000.248

(6) The provisions of this subsection may be appli

sum as well as cost type contracts and to contracts and pro

in whole or in part by the Commission.249

(7) A contractor with whom an agreement of indem

been executed and who is engaged in activities conne

underground detonation of a nuclear explosive device s

to the extent so indemnified under this subsection, f

damage sustained as a result of such detonation in the sam

to the same extent as would a private person acting as pri

immunity or defense founded in the Federal, State, 

character of the contractor or of the work to be perform

contract shall be effective to bar such liability.250

e. Limitation On Aggregate Public Liability.–(1)251 T

public liability for a single nuclear incident of persons 

including such legal costs as are authorized to be paid und

o.(1)(D), shall not exceed–

(A) in the case of facilities designed for produci

amounts of electricity and having a rated capacit

electrical kilowatts or more, the maximum amoun

protection required of such facilities under subsectio

surcharge assessed under subsection o.(1)(E));

(B) in the case of contractors with whom the Secr

–––––––– (3)(A) Notwithstanding paragraph (2), if the maximum amount of 

protection required of licenses under subsection (b) of this section 

the Commission, the amount of indemnity, together with any finan

required of the contractor, shall at all times remain equal to or grea

maximum amount of financial protection required of licensees und

of this section.

(B) The amount of indemnity provided contractors under this 

not, at any time, be reduced in the event that the maximum amoun

protection required of licensees is reduced.

(C) All agreements of indemnification under which the Depa

(or its predecessor agencies) may be required to indemnify any per

deemed to be amended on August 20, 1988, to reflect the amount 

public liability and any applicable financial protection required of 

under this subsection on August 20, 1988. 247 Paragraphs (3) and (4) added by P.L. 100–408, § 4(a), 102 Stat. 1068 

248 Amended by P.L.100–408 § 4(a), 102 Stat. 1068 (1988); P.L. 109–58

§ 605(a), 119 Stat. 781 (2005), struck out $100,000,000 and inserted 

249 Amended by P.L. 100–408, § 4(a), 102 Stat. 1068 (1988). 250 Amended by P.L. 100–408, § 4(a), 102 Stat. 1068 (1988). 251 Amended by P.L. 100–408, § 2(C)(3), 102 Stat. 1066 (1988), which s

fifth and sixth sentences of existing paragraph (1), which had authori

Commissioner to establish a minimum amount that the aggregate def

charged for each facility within one calendar year could not exceed a

authorized the Commissioner to establish amounts less than the stand

individual facilities taking into account such factors as the facility’s s

other factors pertaining to the hazard. See paragraph (2) for successor 

Contracts.
qpgp() 

, 

(C) in the case of all other licensees of the Commi

to maintain financial protection under this section–

(i) $500,000,000, together with the amoun

protection required of the licensee; or

(ii) if the amount of financial protection re

licensee exceeds $60,000,000, $560,000,000 or 

financial protection required of the licensee, whic

is more.

(2) That in the event of a nuclear incident involvin

excess of the amount of aggregate liability, the C

thoroughly review the particular incident and will take w

is determined necessary and appropriate to protect the p

consequences of a disaster of such magnitude.253

(3)254 No provision of paragraph (1) may be constru

the Congress from enacting a revenue measure, applicab

of the Commission required to maintain financial prote

to subsection b., to fund any action undertaken pursuan

(2).

(4) With respect to any nuclear incident occurring ou

United States to which an agreement of indemnificatio

under the provisions of subsection d. is applicable, s

public liability shall not exceed the amount of $5

together with the amount of financial protection re

contractor.

f. Collection of Fees by Nuclear Regulatory Comm

Commission or the Secretary, as appropriate, is authorized t

from all persons with whom an indemnification agreemen

under this section. This fee shall be $30 per year per thousan

thermal energy capacity for facilities licensed under 

Provided, That the Commission or the Secretary, as a

authorized to reduce the fee for such facilities in reasonab

increases in financial protection required above a level of $60

facilities licensed under section 104, and for construction 

section 185, the Commission is authorized to reduce the fee s

The Commission shall establish criteria in writing for determ

fee for facilities licensed under section 104, taking into cons

factors as (1) the type, size, and location of facility involv

factors pertaining to the hazard, and (2) the nature and p

––––––––

252 Amended by P.L. 109–58, Title VI, § 604(C), 119 Stat. 780 (2005). 253 Amended by P.L. 100–408, § 6, 102 Stat. 1070 (1988), which added 

paragraph (2). Paragraph (2), formerly read: 

In the event of a nuclear incident involving damages in excess of t

aggregate public liability under paragraph (1), the Congress will th

the particular incident in accordance with the procedures set forth 

subsection 170i of this section and will in accordance with such pr

whatever action is determined to be necessary (including approval 

compensation plans and appropriation of funds) to provide full and 

compensation to the public for all public liability claims resulting 

such magnitude. 254 Added by P.L. 100–408, § 6, 102 Stat. 1070 (1988). 255 Amended by P.L. 109–58, Title VI, § 605(b), 119 Stat. 781 (2005), w

“$100,000,000” and inserted “$500,000,000.” 256 Amended by P.L. 100–408, § 16(e)(4), 102 Stat. 1080 (1988).

Claims.

Contracts.
$py

g. Use of Services of Private Insurers258–In adm

provisions of this section, the Commission or the Secretary, a

shall use, to the maximum extent practicable, the facilities a

private insurance organizations, and the Commission or the 

appropriate, may contract to pay a reasonable compensa

services. Any contract made under the provisions of this su

be made without regard to the provisions of section 3709 o

Statutes (41 USC 5), as amended, upon a showing by the C

the Secretary, as appropriate, that advertising is not reasonab

and advance payments may be made.

h. Conditions of Agreements of Indemnification259–The 

indemnification may contain such terms as the Comm

Secretary, as appropriate, deems appropriate to carry out th

this section. Such agreement shall provide that, when the C

the Secretary, as appropriate, makes a determination that the 

will probably be required to make indemnity payments unde

the Commission or the Secretary, as appropriate, shall collab

person indemnified and may approve the payment of any cl

agreement of indemnification, appear through the Attorne

behalf of the person indemnified, take charge of such action

defend any such action. The Commission or the Secretary, a

shall have final authority on behalf of the United States to se

the settlement of any such claim on a fair and reasonable b

regard for the purposes of this Act. Such settlement sha

expenses in connection with the claim incurred by 

indemnified.260

i. Compensation Plans.261–(1) After any nuclear incid

damages that are likely to exceed the applicable amount 

public liability under subparagraph (A), (B), or (C) of subsec

Secretary or the Commission, as appropriate, shall–

(A) make a survey of the causes and extent of dam

(B) expeditiously submit a report setting forth the 

survey to the Congress, to the Representatives o

districts, to the Senators of the affected States, an

information that will cause serious damage to the na

of the United States) to the public, to the parties inv

the courts.

(2) Not later than 90 days after any determinatio

pursuant to subsection o., that the public liability from a 

incident may exceed the applicable amount of aggregate p

under subparagraph (A), (B), or (C) of subsection e. (1) 

shall submit to the Congress–

––––––––

257 Amended by P.L. 100–408, 102 Stat. 1066 (1988); P.L. 94–197, § 7, 

(1975). 258 Amended by P.L. 100–408, § 16(e)(5), 102 Stat. 1081 (1988). 259 Amended by P.L. 100–408, § 16(e)(6), 102 Stat. 1081 (1988). 260 Amended by P.L. 100–408, § 2(C)(3), 102 Stat. 1066 (1988), which s

fifth and sixth sentences of existing paragraph (1) that had authorized 

Commissioner to establish a minimum amount that the aggregate def

charged for each facility within one calendar year could not exceed a

authorized the Commissioner to establish amounts less than the stand

individual facilities taking into account such factors as the facility’s s

other factors pertaining to the hazard. See paragraph (2) for successor 

261 Amended by P.L. 100–408, §7(a), 102 Stat. 1071 (1988).

Private 

insurance 

organizations.

Use of services.

41 USC 252(c)

(See 41 USC

260(b)).

Terms of 

settlement.

Reports, 

Defense 

and national 

security.

President of 

U.S.
gggpy 

e. (1);

(B) recommendations for additional sources of 

claims exceeding the applicable amount of agg

liability under subparagraph (A), (B), or (C) of sub

which recommendations shall consider a broad ran

sources of funds (including possible revenue measure

of the economy, or on any other class, to which 

measures might be applied);

(C) 1 or more compensation plans, that either i

collectively shall provide for full and prompt compe

valid claims and contain a recommendation or recom

to the relief to be provided, including any recomm

funds be allocated or set aside for the payment of cl

arise as a result of latent injuries that may not be disc

later date; and

(D) any additional legislative authorities 

implement such compensation plan or plans.

(3)(A) Any compensation plan transmitted to the Con

to paragraph (2) shall bear an identification number 

transmitted to both Houses of Congress on the same da

House while it is in session.

(B) The provisions of paragraphs (4) through (

with respect to consideration in the Senate of any 

plan transmitted to the Senate pursuant to paragraph 

(4) No such compensation plan may be considered 

purposes of subsection 170e.(2) unless between the date 

and the end of the first period of sixty calendar days 

session of Congress after the date on which such action 

to the Senate, the Senate passes a resolution described i

of this subsection.

(5) For the purpose of paragraph (4) of this subsectio

(A) continuity of session is broken only by an a

Congress sine die; and

(B) the days on which either House is not in sess

an adjournment of more than three days to a da

excluded in the computation of the sixty-day calenda

(6)(A) This paragraph is enacted–

(i) as an exercise of the rulemaking power of t

as such it is deemed a part of the rules of th

applicable only with respect to the procedure to b

the Senate in the case of resolutions described by 

(B) and it supersedes other rules only to the ex

inconsistent therewith; and

(ii) with full recognition of the constitutiona

Senate to change the rules at any time, in the sam

to the same extent as in the case of any other rule 

(B) For purposes of this paragraph, the term “reso

only a joint resolution of the Congress the matter afte

clause of which is as follows: That the _____ 

compensation plan numbered _____ submitted to th

_____ , 19__, the first blank space therein being f

name of the resolving House and the other blank 

Claims.
() 

compensation plan shall immediately be referred to 

(and all resolutions with respect to the same comp

shall be referred to the same committee) by the Pr

Senate.

(D)(i) If the committee of the Senate to which a r

respect to a compensation plan has been referred has 

at the end of twenty calendar days after its referral

order to move either to discharge the committee 

consideration of such resolution or to discharge the co

further consideration with respect to such compensati

has been referred to the committee.

(ii) A motion to discharge may be made 

individual favoring the resolution, shall be hig

(except that it may not be made after the committe

a resolution with respect to the same compensat

debate thereon shall be limited to not more than o

divided equally between those favoring and those 

resolution. An amendment to the motion shall n

and it shall not be in order to move to reconside

which the motion was agreed to or disagreed to.

(iii) If the motion to discharge is agreed to o

the motion may not be renewed, nor may anot

discharge the committee be made with respect 

resolution with respect to the same compensation 

(E)(i) When the committee has reported, or has be

from further consideration of, a resolution, it shall b

thereafter in order (even though a previous motion 

effect has been disagreed to) to move to pro

consideration of the resolution. The motion sha

privileged and shall not be debatable. An amendment 

shall not be in order, and it shall not be in orde

reconsider the vote by which the motion was agreed t

to.

(ii) Debate on the resolution referred to in cla

subparagraph shall be limited to not more than ten 

shall be divided equally between those favori

opposing such resolution. A motion further to lim

not be debatable. An amendment to, or motion to 

resolution shall not be in order, and it shall not 

move to reconsider the vote by which such r

agreed to or disagreed to.

(F)(i) Motions to postpone, made with respect to 

from committee, or the consideration of a resolution 

proceed to the consideration of other business, sha

without debate.

(ii) Appeals from the decision of the Chair 

application of the rules of the Senate to the proce

to a resolution shall be decided without debate.
y ppp

without regard to sections 1341, 1342, 1349, 1350, an

subchapter II of chapter 15, of title 31, United States Code

k.263 With respect to any license issued pursuant to sect

104a., or 104c. for the conduct of educational activities to a 

by the Commission to be a nonprofit educational in

Commission shall exempt such licensee from the financ

requirement of subsection a. With respect to licenses is

August 30, 1954, and December 31, 2025264, for which the 

grants such exemption:

(1) the Commission shall agree to indemnify and hol

licensee and other persons indemnified, as their interest

from public liability in excess of $250,000 arising 

incidents. The aggregate indemnity for all persons in

connection with each nuclear incident shall not exceed 

including such legal costs of the licensee as are app

Commission;265

(2) such contracts of indemnification shall cover p

arising out of or in connection with the licensed activ

include damage to property of persons indemnified, ex

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

where the nuclear incident occurs; and

(3) such contracts of indemnification, when entere

licensee having immunity from public liability becaus

agency, shall provide also that the Commission shall m

under the contract on account of activities of the license

manner and to the same extent as the Commission wou

to do if the licensee were not such a State agency.

Any licensee may waive an exemption to which it is enti

subsection. With respect to any production or utilization fac

a construction permit is issued between August 30, 1954, a

31, 2025266, the requirements of this subsection shall apply 

issued for such facility subsequent to December 31, 2025.26

l. Presidential Commission On Catastrophic Nuclear 

(1) Not later than 90 days after the date of the ena

Price-Anderson Amendments Act of 1988, the President 

a commission (in this subsection referred to a

commission”) in accordance with the Federal Advisory C

(5 USC App.) to study means of fully compensating 

catastrophic nuclear accident that exceeds the amount 

public liability under subsection e.(1).

(2)(A) The study commission shall consist of not le

not more than 11 members, who–

(i) shall be appointed by the President; and

(ii) shall be representative of a broad range 

interests.

––––––––

262 Amended by P.L. 100–408, § 16(e)(7), 102 Stat. 1081 (1988). 263 Added by P.L. 85–744, 72 Stat. 837 (1958). 264 Amended by P.L. 109–58, Title VI, § 602(C), 119 Stat 779 (2005). 265 Amended by P.L. 100–408, § 8(a)(2), 102 Stat. 1074 (1988). 266 Amended by P.L. 109–58, Title VI, § 602(C), 119 Stat 779 (2005). 267 Amended by P.L. 88–394, § 3, 78 Stat. 376 (1964); P.L. 89–210, § 4, 

(1965); P.L. 94–197, § 10, 89 Stat. 1111 (1975); P.L. 109–58, Title V

119 Stat 779 (2005).

ppp

Educational 

activities.
ppy

(C) Each member of the study commission sha

until the termination of the study commission, but ma

by the President for inefficiency, neglect of duty, or m

office.

(D) Any vacancy in the study commission shall b

manner in which the original appointment was made

(E) The President shall designate one of the m

study commission as chairperson, to serve at the p

President.

(3) The study commission shall conduct a comprehen

appropriate means of fully compensating victims of 

nuclear accident that exceeds the amount of aggregate p

under subsection e.(1), and shall submit to the Congress 

setting forth–

(A) recommendations for any changes in the l

governing the liability or civil procedures that are ne

equitable, prompt, and efficient resolution and paym

damage claims, including the advisability of adjud

liability claims through an administrative agency 

judicial system;

(B) recommendations for any standards or proce

necessary to establish priorities for the hearing, re

payment of claims when awards are likely to exceed 

funds available within a specific time period; and

(C) recommendation for any special standards 

necessary to decide and pay claims for latent injuries 

nuclear incident.

(4)(A) The chairperson of the study commission ma

fix the compensation of a staff of such persons as may b

discharge the responsibilities of the study commission, 

applicable provisions of the Federal Advisory Committe

App.) and title 5, United States Code.

(B) To the extent permitted by law and requ

chairperson of the study commission, the Administra

Services shall provide the study commission w

administrative services, facilities, and support on a 

basis.

(C) The Attorney General, the Secretary of Heal

Services, and the Administrator of the Federa

Management Agency shall, to the extent permitte

subject to the availability of funds, provide the stud

with such facilities, support, funds and services, incl

may be necessary for the effective performance of th

the study commission.

(D) The study commission may request any Exe

to furnish such information, advice, or assistance as 

to be necessary to carry out its functions. Each su

directed, to the extent permitted by law, to furnish suc

advice or assistance upon request by the chairperso

commission.

(E) Each member of the study commission 

compensation at the maximum rate prescribed by 

Advisory Committee Act (5 USC App.) for each day 

Reports.
, 

Code.

(F) The functions of the President under the Fed

Committee Act (5 USC App.) that are applicable 

commission, except the function of reporting an

Congress, shall be performed by the Administrato

Services.

(5) The final report required in paragraph (3) shall b

the Congress not later than the expiration of the 

beginning on the date of the enactment of the P

Amendments Act of 1988.

(6) The study commission shall terminate upon the ex

2-month period beginning on the date on which the final r

in paragraph (3) is submitted.268

m. Coordinated Procedures for Prompt Settlement o

Emergency Assistance269–The Commission or the 

appropriate, is authorized to enter into agreements with othe

to establish coordinated procedures for the prompt handling, 

and settlement of claims for public liability. The Comm

Secretary, as appropriate, and other indemnitors may make 

or for the aid of, claimants for the purpose of providi

assistance following a nuclear incident. Any funds appr

Commission or the Secretary, as appropriate, shall be avai

payments. Such payments may be made without securing 

not constitute an admission of the liability of any person ind

any indemnitor, and shall operate as a satisfaction to the ex

any final settlement or judgment.

n. Waiver of Defenses and Judicial Procedures270–

(1) With respect to any extraordinary nuclear occurr

an insurance policy or contract furnished as proof 

protection or an indemnity agreement applies and which

(A) arises out of or results from or occurs in the 

construction, possession, or operation of a production 

facility,

(B) arises out of or results from or occurs in 

transportation of source material, by-product mater

nuclear material to or from a production of utilization 

(C) during the course of the contract activity ar

results from the possession, operation, or use by a D

Energy contractor or subcontractor of a device ut

nuclear material or by-product material,

(D) arises out of, results from, or occurs in the 

construction, possession, or operation of any facility 

section 53, 63, or 81, for which the Commission has 

condition of the license a requirement that the licen

maintain financial protection under subsection a.,

(E) arises out of , results from, or occurs in t

transportation of source material, byproduct mater

nuclear material to or from any facility licensed und

63, or 81, for which the Commission has imposed as 

––––––––

268 Amended by P.L. 100–408, § 4(a), 102 Stat. 1068) (1988). 269 Amended by P.L. 100–408, § 16(e)(9), 102 Stat. 1081 (1988). 270 Amended by P.L. 100–408, § 16(e)(10), 102 Stat. 1081 (1988).

Reports.

Termination 

date.

Emergency 

Assistance

payments.

Waiver of

defenses.
() , , 

waste activities.

The Commission or the Secretary, as appropriate, ma

provisions in indemnity agreements with licensees and con

this section, and may require provisions to be incorporated 

policies or contracts furnished as proof of financial prot

waive (i) any issue or defense as to conduct of the claima

persons indemnified, (ii) any issue or defense as to 

governmental immunity, and (iii) any issue or defense based 

of limitations if suit is instituted within three years from the 

the claimant first knew, or reasonable could have know, o

damage and the cause thereof. The waiver of any such iss

shall be effective regardless of whether such issue or 

otherwise be deemed jurisdictional or relating to an elemen

of action. When so incorporated, such waivers shall 

enforceable in accordance with their terms by the claima

person indemnified. Such waivers shall not preclude a defen

a failure to take reasonable steps to mitigate damages, n

waivers apply to injury or damage to a claimant or to claim

which is intentionally sustained by the claimant or which 

nuclear incident intentionally and wrongfully caused by the 

waivers authorized in this subsection shall, as to indemnitor

only with respect to those obligations set forth in the insuran

the contracts furnished as proof of financial protection and in 

agreements. Such waivers shall not apply to, or prejudice th

or defense of, any claim or portion of claim which is n

protection afforded under (i) the terms of insurance policie

furnished as proof of financial protection, or indemnity ag

(ii) the limit of liability provisions of subsection e.

(2) With respect to any public liability action aris

resulting from a nuclear incident, the United States distri

district where the nuclear incident takes place, or in 

nuclear incident taking place outside the United State

States District Court for the District of Columbia, shall 

jurisdiction without regard to the citizenship of any party 

in controversy. Upon motion of the defendant or of the C

the Secretary, as appropriate, any such action pending in a

(including any such action pending on the date of the en

Price-Anderson Amendments Act of 1988) or United 

court shall be removed or transferred to the United State

having venue under this subsection. Process of such dist

be effective throughout the United States. In any act

becomes removable pursuant to his paragraph, a petitio

shall be filed within the period provided in section 14

United States Code, or within the 30-day period beginni

of the enactment of the Price Anderson Amendments 

whichever occurs later.

(3) (A) Following any nuclear incident, the chief jud

United States district court having jurisdiction under para

respect to public liability actions (or the judicial council 

circuit in which the nuclear incident occurs) may app

caseload management panel (in this paragraph refer

‘management panel”) to coordinate and assign (but not ne

themselves) cases arising out of the nuclear incident, if–

42 USC 2210.

Courts, U.S.
py p

equivalent amount in the case of a contractor inde

subsection d.); or

(ii) the chief judge of the United States district 

judicial council of the judicial circuit) determines tha

out of the nuclear incident will have an unusual impac

of the court.

(B)(i) Each management panel shall consist only of 

are United States district judges or circuit judges.

(ii) Members of a management panel may inclu

States district judge or circuit judge of another district 

of appeals, if the chief judge of such other district co

appeals consents to such assignment.

(C) It shall be the function of each management pane

(i) to consolidate related or similar claims for hea

(ii) to establish priorities for the handling of diffe

cases;

(iii) to assign cases to a particular judge or specia

(iv) to appoint special masters to hear particular t

or particular elements or procedural steps of cases;

(v) to promulgate special rules of court, not inc

the Federal Rules of Civil Procedure, to expedite c

more equitable consideration of claims;

(vi) to implement such other measures, consisten

law and the Federal Rules of Civil Procedure, as will 

equitable, prompt, and efficient resolution of cases 

the nuclear incident; and

(vii) to assemble and submit to the President such 

to the court, as may be useful in estimating the aggre

from the nuclear incident.271

o.272 Plan For Distribution of Funds.–(1) Whenever the 

district court in the district where a nuclear incident occurs, 

States District Court for the District of Columbia in case 

incident occurring outside the United States, determines upo

of any indemnitor or other interested person that public li

single nuclear incident may exceed the limit of liabil

applicable limit of liability under subparagraph (A), (B

subsection e.(1):

(A) Total payments made by or for all indemnitors 

such nuclear incident shall not exceed 15 per centum o

liability without the prior approval of such court;

(B) The court shall not authorize payments in exc

centum of such limit of liability unless the court determ

payments are or will be in accordance with a plan of distr

has been approved by the court of such payments are 

prejudice the subsequent adoption and implementation b

a plan of distribution pursuant to subparagraph (C); and

(C) The Commission or the Secretary, as appropriate, 

other indemnitor or other interested person may, submit t

court a plan for the disposition of pending claims 

distribution of remaining funds available. Such a plan sh

––––––––

271 Amended by P.L. 100–408, § 4(a), 102 Stat. 1068 (1988). 272 Added by P.L. 89–645, § 3, 80 Stat. 891 (1966).

Allocation of 

funds.

42 USC 2210.
priorities between claimants and classes of claims, as 

insure the most equitable allocation of available funds.

shall have all power necessary to approve, disapprove, or 

proposed, or to adopt another plan; and to determine the 

share of funds available for each claimant. The Comm

Secretary, as appropriate, any other indemnitor, and 

indemnified shall be entitled to such orders as may be 

implement and enforce the provisions of this section, in

limiting the liability of the persons indemnified, orders 

modifying the plan, orders staying the payment of c

execution of court judgments, orders apportioning the p

made to claimants, and orders permitting partial paymen

before final determination of the total claims. The orders 

shall be effective throughout the United States.

(D)274 A court may authorize payment of only such 

are permitted under paragraph (2) from the amoun

protection required by subsection b.

(E) If the sum of public liability claims and legal co

under paragraph (2) arising from any nuclear inciden

maximum amount of financial protection required under 

any licensee required to pay a standard deferred pr

subsection b.(1) shall, in addition to such deferred premiu

such an amount as is necessary to pay a pro rata share o

and costs, but in no case more than 5 percent of the max

of such standard deferred premium described in such sub

(2) A court may authorize the payment of legal costs und

(1)(D) only if the person requesting such payment has–

(A) submitted to the court the amount of such paym

and

(B) demonstrated to the court–

(i) that such costs are reasonable and equitable; a

(ii) that such person has–

(I) litigated in good faith;

(II) avoided unnecessary duplication of effor

other parties similarly situated;

(III) not made frivolous claims or defenses; an

(IV) not attempted to unreasonably delay 

settlement or adjudication of such claims.

p. Reports To Congress.–The Commission and the S

submit to the Congress by December 31, 2021275, de

––––––––

273 Amended by P.L. 94–197, § 13, 89 Stat. 1111 (1975), which added “

establishment of priorities between claimants and classes of claims, a

insure the most equitable allocation of available funds.” 274 Subsections (D), (E), and (2) added by P.L. 100–408, § 11(d)(1)(C), 102 

(1988). P.L. 100–408, § 7(b)(2), struck out paragraph (4) which was 

94–197, § 13, 89 Stat. 1111 (1975). Previously, paragraph (4) read as 

(4) The Commission shall, within ninety days after a court shall ha

determination, deliver to the Joint Committee a supplement to the 

in accordance with subsection (i) of this section setting forth the es

requirements for full compensation and relief of all claimants, and 

recommendations as to the relief to be provided. 275 Amended by P.L. 109–58, Title VI, § 606, 119 Stat. 781, (2005); Pub

Title VI, § 612(c), 120 Stat. 1410 (2006).
y p, , 

nuclear safety at that time, among other relevant factors, and 

recommendations as to the repeal or modification of any of 

of this section.276

q. Limitation On Awarding of Precautionary Evacuati

court may award costs of a precautionary evacuation unle

constitute a public liability.

r. Limitation of Liability of Lessors.–No person under a b

of any utilization or production facility (or part thereof 

interest therein) shall be liable by reason of an interest as 

production or utilization facility, for any legal liability ari

resulting from a nuclear incidents resulting from such facilit

facility is in the actual possession and control of such person 

the nuclear incident giving rise to such legal liability.

s. Limitation On Punitive Damages.–No court may a

damages in any action with respect to a nuclear incident or 

evacuation against a person on behalf of whom the Un

obligated to make payments under an agreement of in

covering such incident or evacuation.

t. Inflation Adjustment.–(1) The Commission shall adju

of the maximum total and annual277 standard deferred pr

subsection b.(1) not less than once during each 5-year per

August 20, 2003278 in accordance with the aggregate percen

the Consumer Price Index since–279

(A) August 20, 2003,280 in the case of the first adj

this subsection; or

(B) the previous adjustment under this subsection

(2) The Secretary shall adjust the amount of in

provided under an agreement of indemnification under 

not less than once during each 5-year period following Ju

accordance with the aggregate percentage change in 

Price Index since–

(A) that date, in the case of the first adjustme

paragraph; or

(B) the previous adjustment under this paragraph

(3) For purposes of this subsection, the term “Co

Index” means the Consumer Price Index for all urb

published by the Secretary of Labor.281

Sec. 170A. Conflicts of Interest Relating to Contracts an

Arrangements282

a. The Commission shall, by rule, require any person prop

into a contract, agreement, or other arrangement, whether b

bid or negotiation, under this Act or any other law adminis

––––––––

276 Amended by P.L. 100–408, § 4(a), 102 Stat. 1068 (1988). 277 Amended by P.L. 109–58, Title VI, §§ 603(2)(A), (B), 119 Stat. 780 

278 Amended by P.L. 108–375, Div. C, Title XXXI, § 3141(D)(1)(A), 11

(2004). 279 In accordance with the aggregate percentage change in the Consumer 

of April 2008, the new maximum total deferred premium is $121,255

maximum annual deferred premium is $18,963,000 (78 Fed. Reg. 41

2013). NOTE: Next change should be in 2018. 280 Amended by P.L. 109–58, Title VI, § 603(2)(C), 119 Stat. 780 (2005

281 Amended by P.L. 109–58, Title VI, § 607, 119 Stat. 781 (2005), whic

former paragraph (2) as (3) and inserted a new paragraph (2). 282 Added by P.L. 95–601, § 8(a), 92 Stat. 2950 (1978).

42 USC 2210a.
g y , g, g

relevant information, as determined by the Commission

whether that person has a possible conflict of interest with r

(1) being able to render impartial, technically sound

assistance or advice in light of other activities or rela

other persons, or

(2) being given an unfair competitive advantage. Suc

insure, in accordance with regulations prescribed by the 

compliance with this section by any subcontractor (other 

subcontractor) or such person in the case of any subcon

than $10,000.

b. EVALUATION283–

(1) IN GENERAL284–Except as provided in paragr

Nuclear Regulatory Commission shall not enter into any 

agreement or arrangement unless it finds, after e

information provided under subsection a. And any othe

otherwise available to the Commission that–

(A) it is unlikely that a conflict of interest would 

(B) such conflict has been avoided after appropri

have been included in such contract, agreement, or 

except that if the Commission determines that su

interest exists and that such conflict of interest cann

by including appropriate conditions therein, the Com

enter into such contract, agreement, or arrange

Commission determines that it is in the best interests 

States to do so and includes appropriate conditions in 

agreement, or arrangement to mitigate such conflict.

(2)286 NUCLEAR REGULATORY COMMISSION.

Notwithstanding any conflict of interest, the Nuclea

Commission may enter into a contract, agreement, or arra

the Department of Energy or the operator of a Departm

facility, if the Nuclear Regulatory Commission determin

(A) the conflict of interest cannot be mitigated; a

(B) adequate justification exists to proceed with

of the conflict of interest.287

c. The Commission shall publish rules for the impleme

section, in accordance with section 553 of title 5, United 

(without regard to subsection (a)(2) thereof) as soon as practi

date of the enactment of this section, but in no event later 

after such date.

––––––––

283 Amended by P.L. 109–58, Title VI, § 639(2), 119 Stat. 794 (2005). 284 Amended by P.L. 109–58, Title VI, § 639(2), 119 Stat. 794 (2005), a

paragraph (1) by inserting “(1) In general” following the subsection 

redesignated former paragraph (1) as subparagraph (A). 285 Amended by P.L. 109–58, Title VI, § 639(2), 119 Stat. 794 (2005). 286 Added by P.L. 109–58, Title VI, § 639(3), 119 Stat. 794 (2005). 287 Amended by P.L. 109–58, Title VI, § 639(1), 119 Stat. 794 (2005), w

redesignated former paragraphs (1) and (2) as subparagraphs (A) and 

respectively.

Publication.
py g

viability of the domestic uranium mining and milling indu

establish by rule, after public notice and in accorda

requirements of section 181 of this Act, within 9 months of 

this section, specific criteria which shall be assessed in the 

on the domestic uranium industry’s viability. The Secretary 

authorized to issue regulations providing for the collec

information as the Secretary of Energy deems necessary to 

monitoring and reporting requirements of this section.

b. Upon a satisfactory showing to the Secretary of E

person that any information, or portion thereof obtained und

would, if made public, divulge proprietary information of su

Secretary shall not disclose such information and disclosur

be punishable under section 1905 of title 18, United States C

c. The criteria referred to in subsection a. shall also inclu

limited to–

(1) an assessment of whether executed contracts o

source material or special nuclear material will result i

371⁄2 percent of actual or projected domestic uranium req

any two-consecutive-year period being supplied by sour

special nuclear material from foreign sources;

(2) projections of uranium requirements and i

domestic utilities for a 10 year period;

(3) present and probable future use of the domes

foreign imports;

(4) whether domestic economic reserves can supply a

for a future 10 year period;

(5) present and projected domestic uranium 

expenditures and plans;

(6) present and projected employment and capital inv

uranium industry;

(7) the level of domestic uranium production capacit

meet projected domestic nuclear power needs for a 10 ye

(8) a projection of domestic uranium production and 

levels which will be in effect under various assumption

to imports.

d. The Secretary of Energy, at any time, may determine 

the monitoring and annual reports required under this secti

material or special nuclear material from foreign sources is b

in such increased quantities as to be a substantial cause of 

or threat thereof, to the United States uranium mining and mi

Based on that determination, the United States Trade Repre

request that the United States International Trade Commiss

investigation under section 201 of the Trade Act of 1974 (19 

e. (1) If, during the period 1982 to 1992, the Secreta

determines that executed contracts or options for source mate

nuclear material from foreign sources for use in utilization fa

or under the jurisdiction of the United States represent gre

percent of actual or projected domestic uranium requirement

consecutive-year period, or if the Secretary of Energy determ

of contracts or options involving source material and sp

material from foreign sources may threaten to impair the nat

––––––––

288 Added by P.L. 97–415, § 23(b)(1).

p

Congress and 

President.

Regulations.

Proprietary 

information, 

disclosure.

Criteria.

Imported 

material, 

impact on 

domestic 

industry and 

national 

security.
gy 

source material and special nuclear material. The Secretary o

cooperate fully with the Secretary of Commerce in carryin

investigation and shall make available to the Secretary of C

findings that lead to this request and such other information 

the Secretary of Commerce in the conduct of the investigati

(2) The Secretary of Commerce shall, in the co

investigation requested by the Secretary of Energy pu

section, take into account any information made ava

Secretary of Energy, including information regarding 

national security of projected or executed contracts o

source material or special nuclear material from forei

whether domestic production capacity is sufficient to sup

national security requirements.

(3) No sooner than 3 years following compl

investigation by the Secretary of Commerce under parag

recommendation has been made pursuant to such st

adjustments to assist or protect domestic uranium pr

Secretary of Energy may initiate a request for 

investigation by the Secretary of Commerce.

Sec. 170C. Elimination of Pension Offset for Certain Reh

Retirees289

a. IN GENERAL.–The Commission may waive the 

section 8344 or 8468 of title 5, United States Code, on a case

for employment of an annuitant.–

(1) in a position of the Commission for which there 

difficulty in recruiting or retaining a qualified employee

(2) when a temporary emergency hiring need exists.

b. PROCEDURES.–The Commission shall prescribe p

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 

this section is in effect shall not be considered an employe

of subchapter II of chapter 83, or chapter 84, of title 5, Unite

Sec. 170D. Security Evaluations290

a. SECURITY RESPONSE EVALUATIONS.–Not le

once every 3 years, the Commission shall conduct security 

each licensed facility that is part of a class of licensed fa

Commission considers to be appropriate, to assess the abili

security force of a licensed facility to defend against any app

basis threat.

b. FORCE-ON-FORCE EXERCISES.–

(1) The security evaluations shall include force-on-fo

(2) The force-on-force exercises shall, to the ma

practicable, simulate security threats in accordance wi

basis threat applicable to a facility.

(3) In conducting a security evaluation, the Com

mitigate any potential conflict of interest that could 

results of a force-on-force exercise, as the Commission 

be necessary and appropriate.

––––––––

289 Added by P.L. 109–58 § 624(a), 119 Stat. 783 (2005). 290 Added by P.L. 109–58, § 651(a)(1), 119 Stat. 799 (2005).

Investigations.

42 USC 2210c.

42 USC 2210d.

Deadline.
y y py 

defend against any applicable design basis threat.

d. FACILITIES UNDER HEIGHTENED THREAT L

Commission may suspend a security evaluation under this 

Commission determines that the evaluation would comprom

a nuclear facility under a heightened threat level.

e. REPORT.–Not less often than once each year, the Com

submit to the Committee on Environment and Public Works 

and the Committee on Energy and Commerce of th

Representatives a report, in classified form and unclassif

describes the results of each security response evaluation c

any relevant corrective action taken by a licensee during the 

Sec. 170E. Design Basis Threat Rulemaking291

a. RULEMAKING.–The Commission shall–

(1) not later than 90 days after the date of enactment o

initiate a rulemaking proceeding, including notice and o

public comment, to be completed not later than 18 mo

date, to revise the design basis threats of the Commissio

(2) not later than 18 months after the date of enac

section, complete any ongoing rulemaking to revise th

threats.

b. FACTORS.–When conducting its rulemaking, the Com

consider the following, but not be limited to–

(1) the events of September 11, 2001;

(2) an assessment of physical, cyber, biochemic

terrorist threats;

(3) the potential for attack on facilities by multipl

teams of a large number of individuals;

(4) the potential for assistance in an attack from se

employed at the facility;

––––––––

291 Added by P.L. 109–58, § 651(a)(1), 119 Stat. 799 (2005). P.L. 109–5

following: 

(3) FEDERAL SECURITY COORDINATORS.– (A) REGIONAL OFFICES.–Not later than 18 months after the da

of this Act, the Nuclear Regulatory Commission (referred to in thi

‘‘Commission’’) shall assign a Federal security coordinator, under 

of the Commission, to each region of the Commission.

(B) RESPONSIBILITIES.–The Federal security coordinator shall 

for–

(i) communicating with the Commission and other Federal, State, 

authorities concerning threats, including threats against such class

the Commission determines to be appropriate;

(ii) monitoring such classes of facilities as the Commission determ

appropriate to ensure that they maintain security consistent with th

accordance with the appropriate threat level; and

(iii) assisting in the coordination of security measures among the p

forces at such classes of facilities as the Commission determines to 

and Federal, State, and local authorities, as appropriate.

(b) BACKUP POWER FOR CERTAIN EMERGENCY NOTIFIC

SYSTEMS.–For any licensed nuclear power plants located where 

permanent population, as determined by the 2000 decennial censu

15,000,000 within a 50–mile radius of the power plant, not later th

after enactment of this Act, the Commission shall require that back

available for the emergency notification system of the power plant

emergency siren warning system, if the alternating current supply 

mile emergency planning zone of the power plant is lost.

42 USC 2210e.

Deadlines.
() pp

other modern weaponry;

(8) the potential for attacks by persons with a 

knowledge of facility operations;

(9) the potential for fires, especially fires of long dur

(10) the potential for attacks on spent fuel shipmen

coordinated teams of a large number of individuals;

(11) the adequacy of planning to protect the public he

at and around nuclear facilities, as appropriate, in the even

attack against a nuclear facility; and

(12) the potential for theft and diversion of nuclear m

such facilities.

Sec. 170F. Recruitment Tools292

a. The Commission may purchase promotional items of 

for use in the recruitment of individuals for employment.

Sec. 170G. Expenses Authorized to be Paid by the Comm

The Commission may–

(1) pay transportation, lodging, and subsistence 

employees who–

(A) assist scientific, professional, administrative

employees of the Commission; and

(B) are students in good standing at an institut

education (as defined in section 102 of the Higher Ed

1965 (20 U.S.C. 1002)) pursuing courses related t

which the students are employed by the Commission

(2) pay the costs of health and medical services furni

to an agreement between the Commission and the Depart

to employees of the Commission and dependents of t

serving in foreign countries.

Sec. 170H. Radiation Source Protection294

a. DEFINITIONS.–In this section:

(1) CODE OF CONDUCT.–The term ‘Code of Co

the code entitled the ‘Code of Conduct on the Safety 

of Radioactive Sources’, approved by the Board of 

the International Atomic Energy Agency and dated 

2003.

(2) RADIATION SOURCE.–The term ‘radi

means–

(A) a Category 1 Source or a Category 2 Sour

in the Code of Conduct; and

(B) any other material that poses a threat 

material is subject to this section, as determ

Commission, by regulation, other than spent nu

special nuclear materials.

b. COMMISSION APPROVAL.–Not later than 180 day

date of enactment of this section, the Commission shall iss

prohibiting a person from–

(1) exporting a radiation source, unless the Com

specifically determined under section 57 or 82, consi

Code of Conduct, with respect to the exportation, that–

––––––––

292 Added by P.L. 109–58, § 651(c)(2), 119 Stat. 801 (2005). 293 Added by P.L. 109–58, § 651(c)(3), 119 Stat. 801 (2005). 294 Added by P.L. 109–58, § 651(d)(1), 119 Stat. 802 (2005).

42 USC 2210f.

42 USC 2210g.

42 USC 2210h.

Deadline.

Regulations.
p;

(B) the recipient country has the appropriate 

administrative capability, resources, and regulator

ensure that the radiation source will be managed in a s

manner; and

(C) before the date on which the radiation source 

(i) a notification has been provided to the reci

and

(ii) a notification has been received from 

country; 

as the Commission determines to be appropriate;

(2) importing a radiation source, unless the Com

determined, with respect to the importation, that–

(A) the proposed recipient is authorized by law 

radiation source; and

(B) the shipment will be made in accordan

applicable Federal or State law or regulation; and

(3) selling or otherwise transferring ownership o

source, unless the Commission–

(A) has determined that the licensee has ver

proposed recipient is authorized under law to receiv

source; and

(B) has required that the transfer shall be made 

with any applicable Federal or State law or regulatio

c. TRACKING SYSTEM.–

(1)(A) Not later than 1 year after the date of ena

section, the Commission shall issue regulations 

mandatory tracking system for radiation sources 

States.

(B) In establishing the tracking system under 

(A), the Commission shall coordinate with the 

Transportation to ensure compatibility, to the ma

practicable, between the tracking system and 

established by the Secretary of Transportation to track 

of radiation sources.

(2) The tracking system under paragraph (1) shal

(A) enable the identification of each radiat

serial number or other unique identifier; 

(B) require reporting within 7 days of an

possession of a radiation source;

(C) require reporting within 24 hours of any 

of, or accountability for, a radiation source; and

(D) provide for reporting under subparagraph

through a secure Internet connection.

d. PENALTY.–A violation of a regulation issued under 

or b. shall be punishable by a civil penalty not to exceed $1,

e. NATIONAL ACADEMY OF SCIENCES STUDY.–

(1) Not later than 60 days after the date of enactment 

the Commission shall enter into an arrangement with 

Academy of Sciences under which the National Academ

shall conduct a study of industrial, research, and comm

radiation sources.

(2) The study under paragraph (1) shall include a rev

radiation sources in existence on the date on which 

Deadline.

Notification.

Deadline.

Regulations.

Deadline.

Contracts.
() p

economically and technically equivalent (or improve

does not require the use of a radiation source; or

(B) may be used with a radiation source that woul

risk to public health and safety in the event of an acc

involving the radiation source.

(3) Not later than 2 years after the date of enactment o

the Commission shall submit to Congress the results of th

paragraph (1).

f. TASK FORCE ON RADIATION SOURCE PROTE

SECURITY.–

(1) There is established a task force on radiation source 

security (referred to in this section as the ‘task force’).

(2)(A) The chairperson of the task force shall be the Cha

Commission (or a designee).

(B) The membership of the task force shall consist of 

(i) The Secretary of Homeland Security (or a designe

(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 desig

(viii) The Director of the Central Intelligence A

designee).

(ix) The Administrator of the Federal Emergency 

Agency (or a designee).295

(x) The Director of the Federal Bureau of Inves

designee).

(xi) The Administrator of the Environmental Protecti

a designee).

(3)(A) The task force, in consultation with Federal, St

agencies, the Conference of Radiation Control Program Dire

Organization of Agreement States, and after public n

opportunity for comment, shall evaluate, and provide reco

relating to, the security of radiation sources in the Unite

potential terrorist threats, including acts of sabotage, thef

radiation source in a radiological dispersal device.

(B) Not later than 1 year after the date of enactment o

and not less than once every 4 years thereafter, the task forc

to Congress and the President a report, in unclassified 

classified annex if necessary, providing recommendatio

recommendations for appropriate regulatory and legislative 

(i) a list of additional radiation sources that should 

be secured under this Act, based on the potential attract

sources to terrorists and the extent of the threat to pub

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;

––––––––

295 Amended by P.L. 109–295, Title VI, § 612(c), 120 Stat. 1410 (2006)

Deadline.

Establishment.

Deadlines.

Reports.
() y p

determines to be appropriate;

(ii) the establishment of, or modifications to, a natio

recovery of lost or stolen radiation sources;

(iii) the storage of radiation sources that are not used 

secure manner as of the date on which the report is subm

(iv) modifications to the national tracking system 

sources;

(v) the establishment of, or modifications to, a na

(including user fees and other methods) to provide f

disposal of radiation sources secured under this Act;

(vi) modifications to export controls on radiation sou

that foreign recipients of radiation sources are able a

adequately control radiation sources from the United Sta

(vii)(I) any alternative technologies available as o

which the report is submitted that may perform some 

functions performed by devices or processes that emp

sources; and

(II) the establishment of appropriate regulations 

for the replacement of the devices and processes describe

(I)–

(aa) with alternative technologies in order to redu

of radiation sources in the United States; or

(bb) with radiation sources that would pose a 

public health and safety in the event of an accid

involving the radiation source; and

(viii) the creation of, or modifications to, procedures 

the security of use, transportation, and storage of radi

including–

(I) periodic audits or inspections by the Commis

that radiation sources are properly secured and can be fu

for;

(II) evaluation of the security measures by the Co

(III) increased fines for violations of Commissio

relating to security and safety measures applicable to 

possess radiation sources;

(IV) criminal and security background check

individuals with access to radiation sources (includin

involved with transporting radiation sources);

(V) requirements for effective and timely 

information relating to the results of criminal and securi

checks between the Commission and any State wi

Commission has entered into an agreement under section 

(VI) assurances of the physical security of faciliti

radiation sources (including facilities used to temp

radiation sources being transported); and 

(VII) the screening of shipments to facili

Commission determines to be particularly at risk fo

radiation sources to ensure that the shipments do 

explosives.

g. ACTION BY COMMISSION.–Not later than 60 days 

of receipt by Congress and the President of a report und

f.(3)(B), the Commission, in accordance with the recommen

task force, shall–

Deadline.
; 

(2) ensure that States that have entered into agreem

Commission under section 274b. take similar action 

manner.

Sec. 170I. Secure Transfer of Nuclear Materials296

a. The Commission shall establish a system to 

materials described in subsection b., when transferred 

the United States by any party pursuant to an import or 

issued pursuant to this Act, are accompanied by a manif

the type and amount of materials being transferred or r

individual receiving or accompanying the transfer of s

shall be subject to a security background check 

appropriate Federal entities.

b. Except as otherwise provided by the Commission 

the materials referred to in subsection a. are byprod

source materials, special nuclear materials, high-lev

waste, spent nuclear fuel, transuranic waste, and low-lev

waste (as defined in section 2(16) of the Nuclear Waste 

1982 (42 U.S.C. 10101(16)).

Chapter 15–Compensation for Private Property A

Sec. 171. Just Compensation

The United States shall make just compensation for an

interests therein taken or requisitioned pursuant to sections 4

and 108. Except in case of real property or any interes

Commission shall determine and pay such just compen

compensation so determined is unsatisfactory to the person e

such person shall be paid 75 per centum of the amount so de

shall be entitled to sue the United States Court of Federal C

any district court of the United States for the district in which 

is a resident in the manner provided by section 1346 of t

United States Code to recover such further sum as added 

centum will constitute just compensation.

––––––––

296 Added by P.L. 109–58, § 656(a), 119 Stat. 813 (2005). P.L. 109–58 s

following:

(b) REGULATIONS.–Not later than 1 year after the date of the en

Act, and from time to time thereafter as it considers necessary, the 

Regulatory Commission shall issue regulations identifying radioac

classes of individuals that, consistent with the protection of public 

and the common defense and security, are appropriate exceptions t

requirements of section 170D296 of the Atomic Energy Act of 195

subsection (a) of this section.

(c) EFFECTIVE DATE.–The amendment made by subsection (a) 

upon the issuance of regulations under subsection (b), except that t

check requirement shall become effective on a date established by 

(d) EFFECT ON OTHER LAW.–Nothing in this section or the am

by this section shall waive, modify, or affect the application of cha

title 49, United States Code, part A of subtitle V of title 49, United 

part B of subtitle VI of title 49, United States Code, and title 23, U

Code. 297 Amended by P.L. 88–489, § 17, 78 Stat. 602 (1964), deleted the phra

respect to the material for which the United States is required to pay j

compensation),” after 43. 298 Amended by P.L. 88–489, §17, 78 Stat. 602 (1964), which added “55

299 Amended by P.L. 102–572, § 902(b)(1), 106 Stat. 4516 (1992).

42 USC 2210i.

Procedures

42 USC 2221.
pppg, , 

1403 of title 28 of the United States Code. The Act approved 

1931, as amended, shall be applicable to any such proceedin

Sec. 173. Patent Application Disclosures

In the event that the Commission communicates to an

Restricted Data based on any patent application not belongin

States, just compensation shall be paid by the United State

of the patent application. The Commission shall de

compensation. If the compensation so determined is unsatis

person entitled thereto, such person shall be paid 75 per 

amount so determined, and shall be entitled to sue the Unite

of Federal Claims300 or in any district court of the United 

district in which such claimant is a resident in a manner provi

1346 of title 28 of the United States Code to recover such 

added to such 75 per centum will constitute just compensati

Sec. 174. Attorney General Approval of Title

All real property acquired under this Act shall be s

provisions of section 355 of the Revised Statutes, as amend

however, That real property acquired by purchase or dona

means of transfer may also be occupied, used, and imp

purposes of this Act prior to approval of title by the Attorn

those cases where the President determines that such action 

the interest of the common defense and security.

Chapter 16–Judicial Review and Administrative Pr

Sec. 181. General

The provisions of the Administrative Procedure Act (Pu

Seventy-ninth Congress, approved June 11, 1946) shall appl

action taken under this Act, and the terms “agency” and “a

shall have the meaning specified in the Administrative P

Provided, however, That in the case of agency proceedin

which involve Restricted Data, defense information

information protected from disclosure under the authority of 

or information protected from dissemination under author

148302 the Commission shall provide by regulation for 

procedures as will effectively safeguard and prevent 

Restricted Data, defense information, or such safeguards in

information protected from dissemination under the author

148 to unauthorized persons with minimum impairment of 

rights which would be available if Restricted Data, defense i

such safeguards information, or information protected from 

under the authority of section 148 were not involved.

Sec. 182. License Applications

a. Each application for a license hereunder shall be in wr

specifically state such information as the Commission

regulation, may determine to be necessary to decide such o

and financial qualifications of the applicant, the character of 

the citizenship of the applicant, or any other qualifications o

as the Commission may deem appropriate for the license. 

––––––––

300 Amended by P.L. 102–572, § 902(b)(1), 106 Stat. 4516 (1992). 301 Amended by P.L. 96–295, § 207(b)(2), 94 Stat. 789 (1980). 302 Amended by P.L. 97–90, § 210(b), 95 Stat. 1163 (1981).

36, 37, 

3118.

42 USC 2223.

42 USC 2224.

40 USC 3111.

42 USC 2231.

42 USC 2232.
, , p

required, the place of the use, the specific characteristics of th

such other information as the Commission may, by rule 

deem necessary in order to enable it to find that the 

production of special nuclear material will be in accord wit

defense and security and will provide adequate protection to 

safety of the public. Such technical specifications shall be 

license issued. The Commission may at any time after th

original application, and before the expiration of the license, 

written statements in order to enable the Commission to dete

the application should be granted or denied or whether a lice

modified or revoked. All applications and statements shall be 

applicant or licensee. Applications for, and statements made 

with, licenses under sections 103 and 104 shall be made 

affirmation. The Commission may require any other ap

statements to be made under oath or affirmation.303

b. The Advisory Committee on Reactor Safeguards sha

application under section 103 or section 104 b. for a construc

an operating license for a facility, any application under sec

a construction permit or an operating license for a testing 

application under section 104a. or c. specifically referred 

Commission, and any application for an amendment to a 

permit or an amendment to an operating license under section 

b., or c. specifically referred to it by the Commission, and 

report thereon which shall be made part of the record of the a

available to the public except to the extent that security 

prevents disclosure304

c. The Commission shall not issue any license under sec

utilization or production facility for the generation of comm

until it has given notice in writing to such regulatory agenc

jurisdiction over the rates and services incident to the prop

until it has published notice of the application in such t

publications as the Commission deems appropriate to gi

notice to municipalities, private utilities, public bodies, and 

which might have a potential interest in such utilization 

facility; and until it has published notice of such applicat

week for four consecutive weeks in the Federal Register, 

weeks after the last notice.305

––––––––

303 Amended by P.L. 84–1006, § 5, 70 Stat. 1069 (1956). 304 Amended by P.L. 85–256, § 6, 71 Stat. 576 (1957), added subsection 

former subsections b and c as subsections c and d. P.L. 87–615, § 3, 7

(1962), amended subsection b. Before amendment, it read:

b. The Advisory Committee on Reactor Safeguards shall review ea

under section 103 or 104b. for a license for a facility, any applicat

section 104c. for a testing facility, any application under section 10

specifically referred to it by the Commission, and shall submit a re

which shall be made part of the record of the application and avail

public, except to the extent that security classification prevents dis

305 Amended by P.L. 91–560, § 9, 84 Stat. 1472 (1970). Before amendm

follows:

c. the Commission shall not issue any license for a utilization or p

for the generation of commercial power under section 103, until i

in writing to such regulatory agency as may have jurisdiction o

services of the proposed activity, to municipalities, private utiliti

and cooperatives within transmission distance authorized to 

ACRS Report.

Commercial 

power.
, gppp

which will be located in high cost power areas in the United 

are conflicting applications for a limited opportunity for 

Where such conflicting applications resulting from limited o

such license include those submitted by public or cooperativ

applications shall be given preferred consideration.

Sec. 183. Terms of Licenses

Each license shall be in such form and contain su

conditions as the Commission may, by rule or regulation

effectuate the provisions of this Act, including the following 

a. (Repealed)306

b. No right to the special nuclear material shall be con

license except as defined by the license.

c. Neither the license nor any right under the license sha

or otherwise transferred in violation of the provisions of this 

d. Every license issued under this Act shall be subject 

recapture or control reserved by section 108, and to all 

provisions of this Act, now or hereafter in effect and to all v

regulations of the Commission.

Sec. 184. Inalienability of Licenses

No license granted hereunder and no right to utilize or p

nuclear material granted hereby shall be transferred, assig

manner disposed of, either voluntarily or involuntarily

indirectly, through transfer of control of any license to any 

the Commission shall, after securing full information, find th

is in accordance with the provisions of this Act, and shall g

in writing. The Commission may give such consent to the 

mortgage, pledge, or other lien upon any facility or sp

material,307 owned or thereafter acquired by a licensee, 

leasehold or other interest to such facility,308 and the rights o

so secured may thereafter be enforced by any court subjec

regulations established by the Commission to protect pub

safety and promote the common defense and security. 

Sec. 185. Construction Permits and Operating Licenses

a. All applicants for licenses to construct or modify 

utilization facilities shall, if the application is otherwise acc

Commission, be initially granted a construction permit. Th

permit shall state the earliest and latest dates for the com

construction or modification. Unless the construction or m

the facility is completed by the completion date, the constr

shall expire, and all rights thereunder be forfeited, unless up

shown, the Commission extends the completion date. Upon t

of the construction or modification of the facility, upon the 

additional information needed to bring the original applicat

and upon finding that the facility authorized has been constr

operate in conformity with the application as amended and 

–––––––– distribution of electric energy and until it has published notice of 

once each week for four consecutive weeks in the Federal Regist

weeks after the last notice. 306 Repealed by P.L. 88–489, § 18, 78 Stat. 602 (1964). Subsection a rea

“a. Title to all special nuclear material utilized or produced by faciliti

license, shall at all times be in the United States.” 307 Amended by P.L. 88–489, § 19, 78 Stat. 602 (1964). 308 Amended by P.L. 88–489, § 19, 78 Stat. 602 (1964).

42 USC 2233.

42 USC 2234.

42 USC 2235.
y gg 

the provisions of this Act, the Commission shall thereupon 

to the applicant. For all other purposes of this Act, a constru

deemed to be a “license.”

b. After holding a public hearing under section 18

Commission shall issue to the applicant a combined con

operating license if the application contains sufficient i

support the issuance of a combined license and the Commissi

that there is reasonable assurance that the facility will be co

will operate in conformity with the license, the provisions o

the Commission’s rules and regulations. The Commission 

within the combined license the inspections, tests, and analy

those applicable to emergency planning, that the licensee 

and the acceptance criteria that, if met, are necessary and 

provide reasonable assurance that the facility has been constr

be operated in conformity with the license, the provisions o

the Commission’s rules and regulations. Following iss

combined license, the Commission shall ensure that t

inspections, tests, and analyses are performed and, prior to o

facility, shall find that the prescribed acceptance criteria 

finding made under this subsection shall not require a hea

provided in section 189a.(1)(B). 309

Sec. 186. Revocation

a. Any license may be revoked for any material false st

application or any statement of fact required under section 1

of conditions revealed by such application or statement o

report, record, or inspection or other means which woul

Commission to refuse to grant a license on an original appl

failure to construct or operate a facility in accordance with th

construction permit or license or the technical specific

application, or for violation of, or failure to observe any of 

provisions of this Act or of any regulation of the Commissio

b. The Commission shall follow the provisions of secti

Administrative Procedure Act in revoking any license.

c. Upon revocation of the license, the Commission may 

retake possession of all special nuclear material held by th

cases found by the Commission to be of extreme importance 

defense and security or to the health and safety of th

Commission may recapture any special nuclear material 

licensee or may enter upon and operate the facility prior 

procedures provided under the Administrative Procedu

compensation shall be paid for the use of the facility.

Sec. 187. Modification of License

The terms and conditions of all licenses shall be subject t

revision, or modification, by reason of amendments of th

reason of rules and regulations issued in accordance with th

Act.

––––––––

309 Amended by P.L. 102–486, 106 Stat. 3120 (1992), which added a new 

subsection a. and a new b. 

NOTE: Sections 185 b. and 189 a.(1)(b) of the Atomic Energy Act of 

by P.L. 102–486, § 2801 and 2802, 106 Stat. 3120 (1992), shall apply 

proceedings involving a combined license for which an application w

May 8, 1991, under such sections.

42 USC 2236.

5 USC 558(b).

5 USC 551.

42 USC 2237.
y ppgq

operation of a production facility or utilization facility the lic

has been revoked pursuant to section 186, the Commissi

consultation with the appropriate regulatory agency, Stat

having jurisdiction, order that possession be taken of and su

operated for such period of time as the public convenience 

or the production program of the Commission may, in the ju

Commission, require, or until a license for the operation of th

become effective. Just compensation shall be paid for th

facility.

Sec. 189. Hearings and Judicial Review

a. (1)(A) In any proceeding under this Act, for the grantin

revoking, or amending of any license or construction permit, 

to transfer control, and in any proceeding for the issuance o

of rules and regulations dealing with the activities of license

proceeding for the payment of compensation, an award, or r

section 153, 157, 186c., or 188, the Commission shall grant a 

the request of any person whose interest may be affected by th

and shall admit any such person as a party to such pro

Commission shall hold a hearing after thirty days’ notice an

once in the Federal Register, on each application under s

104b. for a construction permit for a facility, and on any app

section 104c. for a construction permit for a testing facility. I

such a construction permit has been issued following the hol

hearing, the Commission may, in the absence of a request th

person whose interest may be affected, issue an operating 

amendment to a construction permit or an amendment to 

license without a hearing, but upon thirty days’ notice and pu

in the Federal Register of its intent to do so. The Commission 

with such thirty days’ notice and publication with re

application for an amendment to a construction permit or an 

an operating license upon a determination by the Commi

amendment involves no significant hazards consideration.31

(B)(i) Not less than 180 days before the date 

initial loading of fuel into a plant by a licensee that h

a combined construction permit and operating license 

185b., the Commission shall publish in the Federal R

of intended operation. That notice shall provide th

whose interest may be affected by operation of th

––––––––

310 Amended by P.L. 87–615 § 2, 76 Stat. 409 (1962). Before amendmen

SEC. 189. HEARINGS AND JUDICIAL REVIEW.–

a. In any proceeding under this Act, for the granting, suspending, r

amending of any license or construction permit, or application to t

and in any proceeding for the issuance or modification of rules and 

dealing with the activities of licensees, and in any proceeding for t

compensation, an award or royalties under section 153, 157, 186c.

Commission shall grant a hearing upon the request of any person w

may be affected by the proceeding, and shall admit any such perso

such proceeding. The Commission shall hold a hearing after thirty 

publication once in the Federal Register on each application under 

or 104b. for a license for a facility, and on any application under s

license for a testing facility.

P.L. 85–256, § 7, 71 Stat. 576 (1957), had previously amended sec

adding the last sentence. P.L. 102–486, 106 Stat. 3120 (1992), add

subparagraph designator (A), to section 189 a.(1) and added a new 

subsection (B)(i).

42 USC 2239.

Federal 

Register

Publication.
py, p

(ii) A request for hearing under clause (i) sha

facie, that one or more of the acceptance c

combined license have not been, or will not be 

specific operational consequences of nonconf

would be contrary to providing reasonable 

adequate protection of the public health and safet

(iii) After receiving a request for a hearing un

the Commission expeditiously shall either deny 

request. If the request is granted, the Com

determine, after considering petitioners’ prima 

and any answers thereto, whether during a per

operation, there will be reasonable assurance 

protection of the public health and safety. If the 

determines that there is such reasonable assurance

operation during an interim period under the com

(iv) The Commission, in its discretion, sh

appropriate hearing procedures, whether inform

adjudicatory, for any hearing under clause (i), and 

reasons therefor.

(v) The Commission shall, to the maximum p

render a decision on issues raised by the hearing 

180 days of the publication of the notice provide

or the anticipated date for initial loading of fuel in

whichever is later. Commencement of opera

combined license is not subject to subparagraph (

(2)(A) The Commission may issue and make immedi

any amendment to an operating license or any ame

combined construction and operating license, upon a det

the Commission that such amendment involves no signi

consideration, notwithstanding the pendency before the C

a request for a hearing from any person. Such amend

issued and made immediately effective in advance of th

completion of any required hearing. In determining und

whether such amendment involves no signific

consideration, the Commission shall consult with the Stat

facility involved is located. In all other respects such am

meet the requirements of this Act.

(B) The Commission shall periodically (but not l

than once every thirty days) publish notice of any 

issued, or proposed to be issued, as provided in subp

Each such notice shall include all amendments issue

to be issued, since the date of publication of the last 

notice. Such notice shall, with respect to each a

proposed amendment (i) identify the facility invo

provide a brief description of such amendment. N

subsection shall be construed to delay the effectiv

amendment.

––––––––

311 Amended by P.L. 102–486, 106 Stat. 3121 (1992).

NOTE: Sections 185 b. and 189 a.(1)(b) of the Atomic Energy Act of 

by P.L. 102–486, § 2801 and 2802, 106 Stat. 3120 (1992), shall apply 

proceedings involving a combined license for which an application w

May 8, 1991, under such sections.

Notice 

publication.
gg () 

amendment to an operating license involves no signi

consideration; (ii) criteria for providing or, in emerge

dispensing with prior notice and reasonable opportun

comment on any such determination, which criteria 

account the exigency of the need for the amendment 

(iii) procedures for consultation on any such determin

State in which the facility involved is located.312

b. The following Commission actions shall be subject to j

in the manner prescribed in chapter 158 of title 28, United St

chapter 7 of title 5, United States Code:

(1) Any final order entered in any proceeding of the 

in subsection (a).

(2) Any final order allowing or prohibiting a fac

operating under a combined construction and operating l

(3) Any final order establishing by regulation standa

the Department of Energy’s gaseous diffusion uraniu

plants, including any such facilities leased to a corporati

under the USEC Privatization Act.

(4) Any final determination under section 1701(

whether the gaseous diffusion plants, including any 

leased to a corporation established under the USEC Priv

are in compliance with the Commission’s standards 

gaseous diffusion plants and all applicable laws.313

Sec. 190. Licensee Incident Reports314

No report by any licensee of any incident arising out of or 

with a licensed activity made pursuant to any requir

Commission shall be admitted as evidence in any suit 

damages growing out of any matter mentioned in such repor

Sec. 191. Atomic Safety and Licensing Board315

a. Notwithstanding the provisions of sections 7(a) an

Administrative Procedure Act, the Commission is authorize

one or more atomic safety and licensing boards, each comp

members, one of whom shall be qualified in the conduct of 

proceedings and two of whom shall have such techn

qualifications as the Commission deems appropriate to th

decided, to conduct such hearings as the Commission may di

such intermediate or final decisions as the Commission may 

respect to the granting, suspending, revoking or amending 

––––––––

312 Amended by P.L. 97–415, § 12, 96 Stat. 2067 (1983), by inserting (1

subsection a. and by adding at end thereof new paragraphs (2)(A), (B

313 Amended by P.L. 104–134, Title III, Ch. 1, Subch. A, § 3116(c), 110 St

(1996), which substituted subsection b. for one which read:

b. Any final order entered in any proceeding of the kind specified in 

above or any final order allowing or prohibiting a facility to begin op

combined construction and operating license shall be subject to judic

manner prescribed in the Act of December 29, 1950, as amended (Ch

64 Stat. 1129), and to the provisions of section 10 of the Administrati

Act, as amended. 314 Added by P.L. 87–206, § 16, 75 Stat. 475 (1961). 315 Added by P.L. 87–615, § 1, 76 Stat. 409 (1962).

, 

criteria, 

and procedures.

42 USC 239(b).

42 USC 2240.

42 USC 2241.

5 USC 556.

5 USC 557.
y g

functions as the Commission deems appropriate. The Com

appoint a panel of qualified persons from which board me

selected.

b. Board members may be appointed by the Commissio

life, or designated from the staff of the Commission or 

agency. Board members appointed from private life shall 

diem compensation for each day spent in meetings or confer

members shall receive their necessary traveling or other e

engaged in the work of a board. The provisions of section 

applicable to board members appointed from private life.

Sec. 192. Temporary Operating License317

a. In any proceeding upon an application for an operatin

utilization facility required to be licensed under section 103 o

Act, in which a hearing is otherwise required pursuant to sec

applicant may petition the Commission for a temporary ope

for such facility authorizing fuel loading, testing, and o

specific power level to be determined by the Commission, 

action by the Commission on the application. The initial 

temporary operating license for each such facility, and a

operating license issued for such facility based upon the i

shall be limited to power levels not to exceed 5 percent of rat

power. Following issuance by the Commission of the tempo

license for each such facility, the licensee may file petit

Commission to amend the license to allow facility opera

increases at specific power levels, to be determined by the 

exceeding 5 percent of rated full thermal power. The initial 

temporary operating license for each such facility may be fil

after the filing of: (1) the report of the Advisory Committ

Safeguards required by section 182b.; (2) the filing of the 

Evaluation Report by the Nuclear Regulatory Commission 

Nuclear Regulatory Commission staff’s first supplement 

prepared in response to the report of the Advisory Committ

Safeguards for the facility; (3) the Nuclear Regulatory Comm

final detailed statement on the environmental impact o

prepared pursuant to section 102(2)(C) of the National E

Policy Act of 1969 (42 USC 4332(2)(C)); and (4) a State, l

emergency preparedness plan for the facility. Petitions for t

a temporary operating license, or for an amendment to s

allowing operation at a specific power level greater than tha

the initial temporary operating license, shall be accom

affidavit or affidavits setting forth the specific fact up

petitioner relies to justify issuance of the temporary operatin

––––––––

316 Amended by P.L. 91–560, § 10, 84 Stat. 1472 (1970). Before amendm

follows:

Notwithstanding the provisions of sections 7(a) and 8(a) of the Ad

Procedure Act, the Commission is authorized to establish one or m

and licensing boards, each composed of three members, two of wh

technically qualified and one of whom shall be qualified in the con

administrative proceedings, to conduct such hearings as the Comm

and make such intermediate or final decisions as the Commission 

with respect to the granting, suspending, revoking or amending of 

authorization under the provisions of this Act, any other provision 

regulation of the Commission issued hereunder. 317 Added by P.L. 92–307, 86 Stat. 191 (1972). 

42 USC 2242.

Temporary 

licensing 

authority.

42 USC 2133.

42 USC 2134.

Initial petition.
pppg

who might have a potential interest in the grant of su

operating license or amendment thereto. Any person may fil

statements in support of, or in opposition to, the petition wit

after the publication of such notice in the Federal Register.

b. With respect to any petition filed pursuant to subsec

section, the Commission may issue a temporary operatin

amend the license to authorize temporary operation at each s

level greater than that authorized in the initial temporary ope

as determined by the Commission, upon finding that–

(1) in all respects other than the conduct or comp

required hearing, the requirements of law are met;

(2) in accordance with such requirements, there 

assurance that operation of the facility during the 

temporary operating license in accordance with it

conditions will provide adequate protection to the pub

safety and the environment during the period of tempor

and

(3) denial of such temporary operating license will r

between the date on which construction of the facility 

completed, in the judgment of the Commission, to perm

the temporary operating license, and the date when such 

otherwise receive a final operating license pursuant to th

The temporary operating license shall become effective upon 

shall contain such terms and conditions as the Commissi

necessary, including the duration of the license and any pro

extension thereof. Any final order authorizing the issuance 

of any temporary operating license pursuant to this section sh

specificity the facts and reasons justifying the finding

subsection, and shall be transmitted upon such issuance to t

on Natural Resources and on Energy and Commerce of 

Representatives and the Committee on Environment and Pu

the Senate. The final order of the Commission with respect t

or amendment of a temporary operating license shall be subj

review pursuant to chapter 158 of title 28, United Stat

requirements of section 189a. of this Act with respect to th

amendment of facility licenses shall not apply to the 

amendment of a temporary operating license under this sect

Final order, 

transmittal to 

congressional 

committees.

Judicial review.

28 USC 2341

et seq.
ppp

license if it finds that the applicant is not prosecuting the a

the final operating license with due diligence. Issuance o

operating license under subsection b. of this section sha

prejudice to the right of any party to raise any issue in a he

pursuant to section 189a; and failure to assert any ground 

limitation of a temporary operating license shall not bar th

such ground in connection with the issuance of a sub

operating license. Any party to a hearing required pursuant to 

on the final operating license for a facility for which a tempo

license has been issued under subsection b., and any member 

Safety and Licensing Board conducting such hearing, shall p

the Commission of any information indicating that th

conditions of the temporary operating license are not bein

such terms and conditions are not sufficient to comply with 

of paragraph (2) of subsection b.

d. The Commission is authorized and directed to 

administrative remedies as the Commission deems appropria

the need for issuance of temporary operating licenses pu

section.

e. The authority to issue new temporary operating licen

section shall expire on December 31, 1983.318

Sec. 193. Licensing of Uranium Enrichment Facilities319

(a) Environmental Impact Statement.–

(1) Major Federal Action.–The issuance of a license 

53 and 63 for the construction and operation of any uraniu

––––––––

318 Amended by P.L. 103–437, § 15(f)(5), 108 Stat. 4581 (1994); P.L. 97

96 Stat. 2067 (1983), before which section 192 read as follows:

Sec. 192. Temporary Operating Licenses.– a. In an proceeding upon an application for an operating license fo

reactor, in which a hearing is otherwise required pursuant to sectio

applicant may petition the Commission for a temporary operating 

authorizing operation of the facility pending final action by the Co

application. Such petition may be filed at any time after filing of: (

the Advisory Committee on Reactor Safeguards required by subse

(2) the safety evaluation of the application by the Commission’s re

and (3) the regulatory staff’s final detailed statement on the enviro

of the facility prepared pursuant to section 102(2)(C) of the Nation

Policy Act of 1969 (83 Stat. 853) or, in the case of an application f

license filed on or before September 9, 1971, if the regulatory staf

statement required under section 102(2)(C) is not completed, the C

satisfy the applicable requirements of the National Environmental 

to issuing any temporary operating license under this section 192. 

be accompanied by an affidavit or affidavits setting forth the facts 

petitioner relies to justify issuance of the temporary operating licen

the proceeding may file affidavits in support of, or opposition to, t

fourteen days subject to judicial review pursuant to the Act of Dec

as amended (Ch. 1189, 64 Stat. 1129).

c. The hearing on the application for the final operating license oth

pursuant to section 189a. shall be concluded as promptly as practic

Commission shall vacate the temporary operating license if it find

applicant is not prosecuting the application for the final operating 

diligence. Issuance of a temporary operating license pursuant to su

this section shall be without prejudice to the position of any party 

in which a hearing is otherwise required pursuant to section 189a.; 

assert any ground for denial or limitation of a temporary operating 

bar the assertion of such ground in connection with the issuance of 

final operating license.

d. The authority under this section shall expire on October 30, 197

319 Added by P.L. 101–575, 104 Stat. 2835 (1990).

Expiration date.

42 USC 2243.
y (

(2) Timing.–An environmental impact statement p

paragraph (1) shall be prepared before the hearing on the 

license for the construction and operation of a uraniu

facility is completed.

(b) Adjudicatory Hearing.–

(1) In General.–The Commission shall condu

adjudicatory hearing on the record with regard to the li

construction and operation of a uranium enrichment 

sections 53 and 63.

(2) Timing.–Such hearing shall be completed and a d

before the issuance of a license for such construction and 

(3) Single Proceeding.–No further Commission lic

shall be required to authorize operation.

(c) Inspection and Operation.–Prior to commencement o

a uranium enrichment facility licensed hereunder, the Com

verify through inspection that the facility has been c

accordance with the requirements of the license for con

operation. The Commission shall publish notice of the inspec

the Federal Register.

(d) Insurance and Decommissioning.–“(1) The Com

require, as a condition of the issuance of a license under se

63 for a uranium enrichment facility, that the licensee have 

liability insurance of such type and in such amounts as the 

judges appropriate to cover liability claims arising out of a

within the United States, causing, within or outside the U

bodily injury, sickness, disease, or death, or loss of or damag

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

toxic, explosive, or other hazardous properties of chemic

containing source or special nuclear material.

(2) The Commission shall require, as a condition fo

of a license under sections 53 and 63 for a uranium enrich

that the licensee provide adequate assurance of the availa

for the decommissioning (including decontamination) o

using funding mechanisms that may include, but are n

limited to, the following:

(A) Prepayment (in the form of a trust, esc

government fund, certificate of deposit, or deposit o

securities).

(B) Surety (in the form of a surety or performan

of credit, or line of credit), insurance, or other guaran

parent company guarantee) method.

(C) External sinking fund in which deposits are 

annually.

(e) No Price-Anderson Coverage.–Section 170 of this 

apply to any license under section 53 or 63 for a uraniu

facility constructed after the date of enactment of this sectio

(f)320 LIMITATION.–No license or certificate of comp

issued to the United States Enrichment Corporation or its su

this section or section 53, 63, or 1701, if the Commission de

––––––––

320 Added by P.L. 104–134, Title III, Ch. 1, Subch. A, § 3116(b)(2), 110 

(1996).

Claims.

Nuclear 

materials.

Federal Register

publication.
() 

be inimical to–

(A) the common defense and security of the Unit

(B) the maintenance of a reliable and econom

source of enrichment services.

Chapter 17–Joint Committee on Atomic Ener

(Repealed321)

––––––––

321 Chapter 17 repealed by P.L. 95–110, 91 Stat. 884 (1977). Chapter 17 

 JOINT COMMITTEE ON ATOMIC ENERGY

Sec. 201. Membership.–There is hereby established a Joint Comm

Energy to be composed of nine Members of the Senate to be appoi

President of the Senate, and nine Members of the House of Repres

appointed by the Speaker of the House of Representatives. In each 

more than five Members shall be members of the same political pa

Sec. 202. Authority and Duty.– a. The Joint Committee shall make continuing studies of the activi

Atomic Energy Commission and of problems relating to the devel

control of atomic energy. During the first ninetya days of each sess

Congress, the Joint Committee may conduct hearings in either ope

session for the purpose of receiving information concerning the de

growth, and state of the atomic energy industryb The Commission 

Joint Committee fully and currently informed with respect to all of 

Commission’s activities. The Department of Defense shall keep th

Committee fully and currently informed with respect to all matters 

Department of Defense relating to the development, utilization, or 

atomic energy. Any Government agency shall furnish any informa

the Joint Committee with respect to the activities or responsibilitie

in the field of atomic energy. All bills, resolutions, and other matte

or the House of Representatives relating primarily to the Commiss

development, use, or control of atomic energy shall be referred to 

Committee. The members of the Joint Committee who are Membe

shall from time to time report to the Senate, and the members of th

Committee who are Members of the House of Representatives sha

time report to the House, by bill or otherwise, their recommendatio

to matters within the jurisdiction of their respective Houses which 

the Joint Committee or otherwise within the jurisdiction of the Join

b. The members of the Joint Committee who are Members of the S

Members of the Joint Committee who are Members of the House o

Representatives shall, on or before June 30 of each year, report to 

Houses on the development, use, and control of nuclear energy for 

defense and security and for peaceful purposes. Each report shall p

information available to the Joint Committee concerning nuclear e

assist the appropriate committees of the Congress and individual m

exercise of informed judgment on matters of weaponry; foreign po

international trade; and in respect to the expenditure and appropria

Government revenues. Each report shall be presented formally und

which provide for clarification and discussion by the Senate and th

Representatives. In recognition of the need for public understandin

of the reports shall be made to the maximum extent possible in op

means of unclassified written materials.

Sec. 203. Chairman.–Vacancies in the membership of the Joint Co

affect the power of the remaining members to execute the function

Committee, and shall be filled in the same manner as in the case o

selection. The Joint Committee shall select a Chairman and a Vice 

among its members at the beginning of each Congress. The Vice C

in the place and stead of the Chairman in the absence of the Chairm

Chairmanship shall alternate between the Senate and the House of 

with each Congress, and the Chairman shall be selected by the Me

House entitled to the Chairmanship. The Vice Chairman shall be c

House other than that of the Chairman by the Members from that H
a. To protect against the unlawful dissemination of Restr

to safeguard facilities, equipment, materials, and other pr

Commission, the President shall have authority to utilize t

any Government agency to the extent he may deem necessar

b. The Federal Bureau of Investigation of the Departm

shall investigate all alleged or suspected criminal violations 

–––––––– Sec. 204 Powers.–In carrying out its duties under this Act, the Join

any duly authorized subcommittee thereof, is authorized to hold su

investigations, to sit and act at such places and times to require, by 

otherwise, the attendance of such witnesses and the production of 

papers, and documents, to administer such oaths, to take such testi

such printing and binding, and to make such expenditures as it dee

The Joint Committee may make such rules respecting its organizat

procedures as it deems necessary: Provided, however, That no mea

recommendation shall be reported from the Joint Committee unles

the committee assent. Subpoenas may be issued over the signature 

of the Joint Committee or by any member designated by him or by 

Committee, and may be served by such person or persons as may b

such Chairman or member. The Chairman of the Joint Committee 

thereof may administer oaths to witnesses. The Joint Committee m

committee seal. The provisions of sections 102 to 104, inclusive, o

Statutes, as amended, shall apply in case of any failure of any witn

with a subpoena or to testify when summoned under authority of th

expenses of the Joint Committee shall be paid from the contingent 

Senate from funds appropriated for the Joint Committee upon vou

by the Chairman. The cost of stenographic service to report public 

not be in excess of the amounts prescribed by law for reporting the 

standing committees of the Senate. The cost of stenographic servic

executive hearings shall be fixed at an equitable rate by the Joint C

Members of the Joint Committee, and its employees and consultan

traveling on official business for the Joint Committee, may receive 

diem allowance authorized to be paid to Members of Congress or 

their actual and necessary expenses provided an itemized statemen

expenses is attached to the voucher.

Sec. 205. Staff and Assistance.– The Joint Committee is empower

fix the compensation of such experts, consultants, technicians, and 

as it deems necessary and advisable. The Joint Committee is autho

the services, information, facilities, and personnel of the departme

establishments of the Government. The Joint Committee is authori

such of its members, employees, and consultants as it deems neces

interest of common defense and security to carry firearms while in 

their official duties for the committee.

Sec. 206. Classification of Information.– The Joint Committee ma

information originating within the committee in accordance with s

generally by the executive branch for classifying Restricted Data o

information.

Sec. 207. Records.– The Joint Committee shall keep a complete re

committee actions, including a record of the votes on any question 

record vote is demanded. All committee records, data, charts, and 

property of the Joint Committee and shall be kept in the offices of 

Committee or other places as the Joint Committee may direct unde

safeguards as the Joint Committee shall determine in the interest o

defense and security.

Chapter previously amended by P.L. 87–206, § 17, 75 Stat. 475 (1

294, 78 Stat. 172 (1964), amended the second sentence of section 

amendment, this sentence read:

During the first ninety days of each session of the Congress, the Jo

shall conduct hearings in either open or executive session for the p

receiving information concerning the development, growth, and st

energy industry. 

Subsection 202b. was added by P.L. 93–514, 88 Stat. 1611 (1974)
p

action shall be commenced except by the Attorney General 

States. And provided further, that nothing in this subsec

construed as applying to administrative action taken by the C

Sec. 222. Violations of Specific Sections

a. Whoever willfully violates, attempts to violate, or 

violate, any provisions of section 57 or 101, or whoev

interferes, attempts to interfere, or conspires to interfere with 

or entry under section 108, shall, upon conviction thereof, b

a fine of not more than $10,000 or by imprisonment for not 

years, or both, except that whoever commits such an offen

to injure the United States or with intent to secure an adv

foreign nation shall, upon conviction thereof, be 

imprisonment for life, or by imprisonment for any term of y

of not more than $20,000 or both.323

b.324 Any person who violates, or attempts or conspir

section 92 shall be fined not more than $2,000,000 and sente

of imprisonment not less than 25 years or to imprisonmen

person who, in the course of a violation of section 92, use

conspires to use, or possesses and threatens to use, any a

shall be fined not more than $2,000,000 and imprisoned fo

30 years or imprisoned for life. If the death of another r

person's violation of section 92, the person shall be fined 

$2,000,000 and punished by imprisonment for life.

Sec. 223. Violation of Sections Generally

a.325 Whoever willfully violates, attempts to violate, o

violate, any provision of this Act for which no criminal

specifically provided or of any regulation or order prescri

under section 65 or subsection 161b., i., or o,327 shall, up

thereof, be punished by a fine of not more than $5,000 or by 

for not more than two years, or both, except that whoever co

offense with intent to injure the United States or with inten

advantage to any foreign nation, shall, upon convictio

punished by a fine of not more than $20,000 or by impriso

more than twenty years, or both.

b.328 Any individual director, officer, or employe

constructing, or supplying the components of any utiliz

required to be licensed under section 103 or 104b. of this A

or omission, in connection with such construction or supp

and willfully violates or causes to be violated, any section o

rule, regulation, or order issued thereunder, or any license co

violation results, or if undetected could have resulted, in 

impairment of a basic component of such a facility shall, up

be subject to a fine of not more than $25,000 for each day o

to imprisonment not to exceed two years, or both. If the con

violation committed after a first conviction under thi

––––––––

322 Amended by P.L. 101–647, § 1211, 104 Stat. 4789. 323 Amended by P.L. 91–161, § 2, 3(a), 83 Stat. 444 (1969); P.L. 108–45

(2004). 324 Added by P.L. 108–458, 118 Stat. 3771 (2004). 325 Designated as subsection a. by P.L. 96–295, § 203, 94 Stat. 786 (198

326 Amended by P.L. 91–161, § 6, 83 Stat. 444 (1969). 327 Amended by P.L. 90–190, § 12, 81 Stat. 575 (1967). 328 Added by P.L. 96–295, § 203, 94 Stat. 786 (1980).

42 USC 2272.

42 USC 2273.
, p

system, component or part thereof necessary to assure–

(1) the integrity of the reactor coolant pressure bound

(2) the capability to shut-down the facility and maint

shut-down condition, or

(3) the capability to prevent or mitigate the con

accidents which could result in an unplanned offsi

quantities of fission products in excess of the limits esta

Commission.

The provisions of this subsection shall be prominently p

site where a utilization facility required to be licensed under 

104b. of the Act is under construction and on the premises 

where components for such a facility are fabricated.

c.329 Any individual director, officer or employee 

indemnified under an agreement of indemnification under 

(or of a subcontractor or supplier thereto) who, by act 

knowingly and willfully violates or causes to be violated a

this Act or any applicable nuclear safety-related rule, regul

issued thereunder by the Secretary of Energy (or expressly in

reference by the Secretary for purposes of nuclear safety, ex

regulation, or order issued by the Secretary of Transpor

violation results in or, if undetected, would have resulted 

incident as defined in subsection 11q. shall, upon 

notwithstanding section 3571 of title 18, United States Code

a fine of not more than $25,000, or to imprisonment not t

years, or both. If the conviction is for a violation committed 

conviction under this subsection, notwithstanding section 35

United States Code, punishment shall be a fine of not more 

or imprisonment for not more than five years, or both.

Sec. 224. Communication of Restricted Data

Whoever, lawfully or unlawfully, having possession 

control over, or being entrusted with any document, w

photograph, plan, model, instrument, appliance, note, o

involving or incorporating Restricted Data–

a. communicates, transmits, or discloses the same to any 

person, or attempts or conspires to do any of the foregoing, 

injure the United States or with intent to secure an advantage 

nation, upon conviction thereof, shall be punished by imp

life, or by imprisonment for any term of years or a fine of 

$100,000 or both;

b. communicates, transmits, or discloses the same to any 

person, or attempts or conspires to do any of the foregoing, 

believe such data will be utilized to injure the United States 

advantage to any foreign nation, shall, upon conviction, be 

fine of not more than $50,000 or imprisonment for not more 

or both.330

––––––––

329 Added by P.L. 100–408, § 18, 102 Stat. 1066 (1988). 330 Amended by P.L. 79–585, § 10, 60 Stat. 766, (1946); P.L. 83–703, § 

(1954); P.L. 91–161, § 3(b), 83 Stat. 444 (1969); P.L. 102–486, Title 

106 Stat. 2944 (1992) (renumbered Title I); P.L. 106–65, Div. C, Titl

3148(a), 113 Stat. 938, October 5, 199l; P.L. 106–398, § 1, 114 Stat. 

October 30, 2000 (Div, A, Title X, § 1087(g)(9)).

42 USC 2133.

42 USC 2134.

Contracts.

42 USC 2274.
gy g, q, p

acquire any document, writing, sketch, photograph, 

instrument, appliance, note, or information involving or 

Restricted Data shall, upon conviction thereof, be 

imprisonment for life, or by imprisonment for any term of y

of not more than $100,000 or both.331

Sec. 226. Tampering with Restricted Data

Whoever, with intent to injure the United States or with i

an advantage to any foreign nation, removes, conceals, 

alters, mutilates, or destroys any document, writing, sketch

plan, model, instrument, appliance, or note involving or 

Restricted Data and used by any individual or person in co

the production of special nuclear material, or research or 

relating to atomic energy, conducted by the United States, 

whole or in part by Federal funds, or conducted with the 

nuclear material, shall be punished by imprisonment fo

imprisonment for any term of years or a fine of not more th

both.

Sec. 227. Disclosure of Restricted Data

Whoever, being or having been an employee or m

Commission, a member of the Armed Forces, an employee 

of the United States, or being or having been a cont

Commission or of an agency of the United States, or being o

an employee of a contractor of the Commission or of an 

United States, or being or having been a licensee of the C

being or having been an employee of a licensee of the 

knowingly communicates, or whoever conspires to comm

receive, any Restricted Data, knowing or having reason to be

data is Restricted Data, to any person not authorized to rece

Data pursuant to the provisions of this Act or under rule or 

the Commission issued pursuant thereto, knowing or hav

believe such person is not so authorized to receive Restrict

upon conviction thereof, be punishable by a fine of n

$12,500.332

Sec. 228. Statute of Limitations

Except for a capital offense, no individual or per

prosecuted, tried, or punished for any offense prescribed 

sections 224 to 226, inclusive, of this Act, unless the indict

or the information is instituted within ten years next after suc

have been committed. 

Sec. 229. Trespass on Commission Installations333

a.(1) The Commission is authorized to issue regulations 

entry upon or carrying, transporting, or otherwise introduci

to be introduced any dangerous weapon, explosive, or oth

instrument or material likely to produce substantial injury 

persons or property, into or upon any facility, installation, o

subject to the jurisdiction, administration, in the cu

––––––––

331 Amended by P.L. 106–65, Div. C, Title XXXI, Subtitle G, § 3148(b)

(2000). 332 Amended by P.L. 106–65, Div. C., Title XXXI, Subtitle G, § 3148(a)

(1999), by substituting $12,500 for $2,500. 333 Amended by P.L. 84–1006, § 6, 70 Stat. 1069 (1956), added a new se

42 USC 2276.

42 USC 2277.

42 USC 2278.

42 USC 2278a.
() y g

conspicuously at the location involved.334

b. Whoever shall willfully violate any regulation of the 

issued pursuant to subsection a. shall, upon convictio

punishable by a fine of not more than $1,000.

c. Whoever shall willfully violate any regulation of the 

issued pursuant to subsection a. with respect to any install

property which is enclosed by a fence, wall, floor, roof, or o

barrier shall be guilty of a misdemeanor and upon convictio

be punished by a fine of not to exceed $5,000 or to impriso

more than one year, or both.

Sec. 230. Photographing, etc., of Commission Installation

It shall be an offense, punishable by a fine of not more t

imprisonment for not more than one year, or both–

(1) to make any photograph, sketch, picture, draw

graphical representation, while present on property s

jurisdiction, administration or in the custody of the Comm

installations or equipment designated by the Presiden

protection against the general dissemination of inform

thereto, in the interest of the common defense and sec

first obtaining the permission of the Commission, 

submitting the product obtained to the Commission for 

such other action as may be deemed necessary; or

(2) to use or permit the use of an aircraft or any con

or designed for navigation or flight in air, for the purpos

photograph, sketch, picture, drawing, map or graphical 

of any installation or equipment designated by the 

provided in the preceding paragraph, unless autho

Commission.

Sec. 231. Other Laws

Sections 224 to 230 shall not exclude the applicable pro

other laws.336

Sec. 232. Injunction Proceedings

Whenever in the judgment of the Commission any perso

or is about to engage in any acts or practices which con

constitute a violation of any provision of this Act, or any 

order issued thereunder, the Attorney General on behalf 

States may make application to the appropriate court for an o

such acts or practices, or for an order enforcing complian

provision, and upon a showing by the Commission that su

engaged or is about to engage in any such acts or practices, a 

temporary injunction, restraining order, or other order may b

Sec. 233. Contempt Proceedings

In case of failure or refusal to obey a subpoena served up

pursuant to subsection 161c., the district court for any dis

––––––––

334 Amended by P.L. 109–58, § 654(3)(B), 119 Stat. 812 (2005), redesig

sentence of subsection a. as paragraph (2). 335 Added by P.L. 84–1006, § 6, 70 Stat. 1069 (1956). 336 Amended by P.L. 84–1006, § 7, 70 Stat 1069 (1956), redesignating fo

as section 231. Before redesignation, section 229 read: “Sec. 229. Ot

Sections 224 to 228 shall not exclude the applicable provisions of any 

337 Amended by P.L. 84–1006, § 6, 70 Stat. 1069 (1956), which renumb

sections 230 and 231 to sections 232 and 233, respectively.

42 USC 2278b.

42 USC 2279.

42 USC 2280.

42 USC 2281.
qg pppg

appear and produce documents, or both, in accordance with 

and any failure to obey such order of the court may be pun

court as a contempt thereof.338

Sec. 234. Civil Monetary Penalties for Violations of Lice

Requirements339

a.340 Any person who (1) violates any licensing or c

provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107

or any rule, regulation, or order issued thereunder, or any te

or limitation of any license or certification issued there

commits any violation for which a license may be revoked 

186, shall be subject to a civil penalty, to be imposed by the 

of not to exceed $100,000342 for each such violation.343 If a

a continuing one, each day of such violation shall constit

violation for the purpose of computing the applicable civi

Commission shall have the power to compromise, mitigate, 

penalties.

b. Whenever the Commission has reason to believe tha

become subject to the imposition of a civil penalty under the 

this section, it shall notify such person in writing (1) setting 

facts, and nature of each act or omission with which the pers

(2) specifically identifying the particular provision or pro

section, rule, regulation, order, or license involved in the vio

advising of each penalty which the Commission proposes 

its amount. Such written notice shall be sent by registered or 

by the Commission to the last known address of such perso

so notified shall be granted an opportunity to show in writin

reasonable period as the Commission shall by regulation p

such penalty should not be imposed. The notice shall als

person that upon failure to pay the civil penalty subsequent

by the Commission, if any, the penalty may be collected by 

c. On the request of the Commission, the Attorne

authorized to institute a civil action to collect a penalty imp

to this section. The Attorney General shall have the exclu

compromise, mitigate, or remit such civil penalties as are r

for collection.

Sec. 234A. Civil Monetary Penalties for Violations of De

Energy Safety Regulations344

a. Any person who has entered into an agreement of in

under subsection 170d. (or any subcontractor or supplier 

violates (or whose employee violates) any applicable rule, 

order related to nuclear safety prescribed or issued by the 

Energy pursuant to this Act (or expressly incorporated by re

Secretary for purposes of nuclear safety, except any rule, 

order issued by the Secretary of Transportation) shall be su

––––––––

338 Amended by P.L. 84–1006, § 6, 70 Stat. 1069 (1956), which renumb

sections 230 and 231 to sections 232 and 233, respectively. 339 Added by P.L. 91–161, § 4, 83 Stat. 444 (1969). 340 Added by P.L. 100–408, § 17, 102 Stat. 1066 (1988). 341 Amended by P.L. 104–134, § 416, 110 Stat. 1321 (1996). 342 The NRC by rulemaking periodically enlarges this number to accoun

pursuant to the Federal Civil Penalties Act of 1990, as amended. The 

is $140,000 (73 Fed. Reg. 54671; September 23, 2008). 343 Amended by P.L. 96–295, § 206, 94 Stat. 787 (1980). 344 Amended by P.L. 106–65, § 3147(c), 113 Stat. 938 (1999). 

42 USC 2282.

42 USC 2073.

42 USC 2077.

42 USC 2092.

42 USC 2093.

42 USC 2111.

42 USC 2112.

42 USC 2131.

42 USC 2133.

42 USC 2134.

42 USC 2137.

42 USC 2139.

42 USC 2236.

Written

notification.

42 USC 2282a.

Contracts.
ppppg 

civil penalty.

b. (1) The Secretary shall have the power to comprom

remit, with or without conditions, such civil penalties an

regulations as he may deem necessary to implement this sec

(2) In determining the amount of any civil pena

subsection, the Secretary shall take into account 

circumstances, extent, and gravity of the violation or v

with respect to the violator, ability to pay, effect on abili

to do business, any history of prior such violations, 

culpability, and such other matters as justice may require

c. (1) Before issuing an order assessing a civil penalt

person under this section, the Secretary shall provide to such 

of the proposed penalty. Such notice shall inform such 

opportunity to elect in writing within thirty days after the dat

such notice to have the procedures of paragraph (3) (in 

paragraph (2)) apply with respect to such assessment.

(2) (A) Unless an election is made within thirty calen

receipt of notice under paragraph (1) to have paragraph 

respect to such penalty, the Secretary shall assess the pen

after a determination of violation has been made on the r

opportunity for an agency hearing pursuant to section 

United States Code, before an administrative law jud

under section 3105 of such title 5. Such assessment orde

the administrative law judge’s findings and the ba

assessment.

(B) Any person against whom a penalty is asses

paragraph may, within sixty calendar days after the da

of the Secretary assessing such penalty, institute an 

United States court of appeals for the appropriate judi

judicial review of such order in accordance with ch

5, United States Code. The court shall have jurisdic

final judgment affirming, modifying or setting aside 

part, the order of the Secretary, or the court ma

proceeding to the Secretary for such further action as 

direct.

(3) (A) In the case of any civil penalty with respec

procedures of this paragraph have been elected, the S

promptly assess such penalty, by order, after the date o

under paragraph (1).

(B) If the civil penalty has not been paid within 

days after the assessment order has been made under 

(A), the Secretary shall institute an action in the appr

court of the United States for an order affirming the 

the civil penalty. The court shall have authority to re

the law and facts involved, and shall have jurisdict

judgment enforcing, modifying, and enforcing as so 

setting aside in whole or in part, such assessment.

(C) Any election to have this paragraph apply 

revoked except with consent of the Secretary.

(4) If any person fails to pay an assessment of a civi

it has become a final and unappealable order under par

––––––––

345 Amended by P.L. 109–58, § 610(a), 119 Stat. 781 (2005).

Courts, U.S.

Courts, U.S.
py y pp

court of the United States. In such action, the 

appropriateness of such final assessment order or judgme

subject to review.

d. (1) Notwithstanding subsection a., in the case of any 

contractor, subcontractor, or supplier, the total amount of 

paid under subsection a. may not exceed the total amoun

within any 1-year period (as determined by the Secreta

contract under which the violation occurs.

(2) For purposes of this section, the term ‘not-for-pro

no part of the net earnings of the contractor, subcontract

inures to the benefit of any natural person or for-p

person.346

Sec. 234B. Civil Monetary Penalties for Violations of D

Energy Regulations Regarding Security of Classified 

Information or Data347

a. Any person who has entered into a contract or agree

Department of Energy, or a subcontract or subagreement the

violates (or whose employee violates) any applicable rule, 

order prescribed or otherwise issued by the Secretary pu

chapter relating to the safeguarding or security of Restricted 

classified or sensitive information shall be subject to a civil 

to exceed $100,000 for each such violation.

b. The Secretary shall include in each contract with a co

Department provisions which provide an appropriate reduct

or amounts paid to the contractor under the contract in t

violation by the contractor or contractor employee of any ru

or order relating to the safeguarding or security of Restricted 

classified or sensitive information. The provisions shall sp

––––––––

346 Amended by P.L. 109–58, § 610(a), (b), 119 Stat. 781 (2005), which 

last sentence: “In implementing this section, the Secretary shall deter

whether nonprofit educational institutions should receive aut matic re

penalty under this section”; and section 610(b), rewrote subsection (d

formerly read:

(d) The provisions of this section shall not apply to:

(1) The University of Chicago (and any subcontractors or supplier

activities associated with Argonne National Laboratory;

(2) The University of California (and any subcontractors or suppli

activities associated with Los Alamos National Laboratory, Lawre

National Laboratory, and Lawrence Berkeley National Laboratory

(3) American Telephone an [sic.; probably should read ‛and‛] Tele

and its subsidiaries (and any subcontractors or suppliers thereto) fo

associated with Sandia National Laboratories;

(4) Universities Research Association, Inc. (and any subcontractor

thereto) for activities associated with FERMI National Laboratory

(5) Princeton University (and any subcontractor or suppliers theret

associated with Princeton Plasma Physics Laboratory;

(6) The Associated Universities, Inc. (and any subcontractors or su

for activities associated with Pacific Northwest Laboratory.

NOTE: Effective and Applicability Provisions: P.L. 109–58, 119 S

Title VI, § 610(c), provided that: “The amendments made by this s

apply to any violation of the Atomic Energy Act of 1954 (42 U.S.C

occurring under a contract entered into before the date of enactmen

section.” 347 Added by P.L. 106–65, Div. C, Title XXXI, § 3147(a), 113 Stat. 937 

Schools and 

colleges.

Corporations.

42 USC 2282b.
ppp

penalties under section 2282a of this title, except for subsect

section, shall apply to the assessment of civil penalties unde

d. In the case of an entity specified in subsection (d) of 

of this title--

(1) the assessment of any civil penalty under subsect

section against that entity may not be made until the ent

a new contract with the Department of Energy or an e

current contract with the Department; and 

(2) the total amount of civil penalties under subsect

section in a fiscal year may not exceed the total amount o

the Department of Energy to that entity in that fiscal yea

Sec. 235. Protection of Nuclear Inspectors348

a. Whoever kills any person who performs any inspectio

(1) are related to any activity or facility lice

Commission, and

(2) are carried out to satisfy requirements under this 

any other Federal law governing the safety of utiliza

required to be licensed under section 103 or 104b, or 

radioactive materials, shall be punished as provided u

1111 and 1112 of title 18, United States Code. The prece

shall be applicable only if such person is killed while e

performance of such inspection duties or on account of th

of such duties. 

b. Whoever forcibly assaults, resists, opposes, impedes, 

interferes with any person who performs inspections as de

subsection a. of this section, while such person is eng

inspection duties or on account of the performance of such d

punished as provided under section 111 of title 18, United S

Sec. 236. Sabotage of Nuclear Facilities or Fuel

a. Any person who knowingly349 destroys or causes ph

to–

(1) any production facility or utilization facility licen

Act;

(2) any nuclear waste treatment, storage, or dis

licensed under this Act;

(3) any nuclear fuel for a utilization facility licens

Act,350 or any spent nuclear fuel from such a facility;

(4) any uranium enrichment, uranium conversion, o

fabrication facility licensed or certified351 by the Nucle

Commission;

(5) any production, utilization, waste storage, wa

waste disposal, uranium enrichment, uranium conversi

fuel fabrication facility subject to licensing or certificat

––––––––

348 Added by P.L. 96–295, § 202(a), 94 Stat. 786 (1980). 349 Amended by P.L. 109–58, Title VI, § 655, 119 Stat. 813 (2005). 350 Amended by P.L. 109–58, Title VI, § 655, 119 Stat. 813 (2005), ame

by deleting “such a utilization facility” and inserting “a utilization fac

under this act.” 351 Amended by P.L. 109–58, Title VI, section 655, 119 Stat. 813 (2005)

94 Stat. 787 (1980); P.L. 97–415, Title II, § 204(a), 96 Stat. 2076 (19

575, § 16, 104 Stat. 2835 (1990); P.L. 102–486, § 5(d), 106 Stat. 294

P.L. 107–56, Title IX, § 902(a)(8), 115 Stat. 380, 381 (2001).

42 USC 2283.

42 USC 2133.

42 USC 2134.

42 USC 2284.
y g py;

(6) any primary facility or backup facility from which 

emergency preparedness alert and warning system is act

(7) any radioactive material or other property subjec

by the Commission that, before the date of the offense, th

determines, by order or regulation published in the Feder

of significance to the public health and safety or to com

and security;352

or attempts or conspires to do such an act, shall be fined 

$10,000 or imprisoned for not more than 20 years, or both

results to any person, shall be imprisoned for any term of ye

b. Any person who knowingly353 causes an interrupti

operation of any such facility through the unauthorized use o

with the machinery, components, or controls of any suc

attempts or conspires to do such an act, shall be fined n

$10,000 or imprisoned for not more than 20 years, or both

results to any person, shall be imprisoned for any term o

life.354

Chapter 19–Miscellaneous

Sec. 241. Transfer of Property

Nothing in this Act shall be deemed to repeal, modify, a

the provisions of section 9(a) of the Atomic Energy Ac

heretofore amended.355

Sec. 242. Cold Standby

The Secretary is authorized to expend such funds as may 

for the purposes of maintaining enrichment capability at th

Ohio, facility.356

Sec. 243. Scholarship and Fellowship Program

a. SCHOLARSHIP PROGRAM.–To enable students to 

least 1 academic semester or equivalent term, science, en

another field of study that the Commission determines is in 

area related to the regulatory mission of the Commission, th

may carry out a program to–

(1) award scholarships to undergraduate students wh

(A) are United States citizens; and

(B) enter into an agreement under subsec

employed by the Commission in the area of study 

scholarship is awarded.

b. FELLOWSHIP PROGRAM.–To enable student

education in science, engineering, or another field of s

Commission determines is in a critical skill area related to 

mission, in a graduate or professional degree program o

institution of higher education in the United States, the Com

carry out a program to–

(1) award fellowships to graduate students who–

––––––––

352 Paragraphs (5), (6), and (7) added by P.L. 109–58, Title VI, § 655, 11

(2005). 353 Amended by P.L. 109–58, Title VI, § 655, 119 Stat. 813 (2005). 354 Amended by P.L. 107–56, Title VIII, §§ 810(f), 811(h), 115 Stat. 380

355 Added by P.L. 83–703, 68 Stat. 960 (1954); Renumbered by P.L. 102

106 Stat. 2944 (1992). 356 Amended by P.L. 107–222, 116 Stat. 1336, (2002).

Penalties.

42 USC 2015.

Transfer of 

property.

42 USC 2015a.

42 USC 2015b.
pyy y 

fellowship is awarded.

c. REQUIREMENTS.–

(1) IN GENERAL.–As a condition of receiving a 

fellowship under subsection a. or b., a recipient of the 

fellowship shall enter into an agreement with the Com

which, in return for the assistance, the recipient shall–

(A) maintain satisfactory academic progress in the 

recipient, as determined by criteria established by the 

(B) agree that failure to maintain satisfactory acad

shall constitute grounds on which the Commission m

the assistance;

(C) on completion of the academic course 

connection with which the assistance was prov

accordance with criteria established by the Commiss

employment by the Commission for a period spe

Commission, that shall be not less than 1 time and no

times the period for which the assistance was provid

(D) if the recipient fails to meet the req

subparagraph (A), (B), or (C), reimburse the U

Government for–

(i) the entire amount of the assistance provide

under the scholarship or fellowship; and

(ii) interest at a rate determined by the Comm

(2) WAIVER OR SUSPENSION.–The Commission 

criteria for the partial or total waiver or suspension of any 

service or payment incurred by a recipient of a s

fellowship under this section.

d. COMPETITIVE PROCESS.–Recipients of sch

fellowships under this section shall be selected through 

process primarily on the basis of academic merit and such o

the Commission may establish, with consideration given to 

and the goal of promoting the participation of individual

section 33 or 34 of the Science and Engineering Equal Opp

(42 U.S.C. 1885a, 1885b.).

e. DIRECT APPOINTMENT.–The Commission may ap

with no further competition, public notice, or consideration 

potential candidate, an individual who has–

(1) received a scholarship or fellowship awa

Commission under this section; and

(2) completed the academic program for which the 

fellowship was awarded.357

Sec. 244. Partnership Program with Institutions of High

a. DEFINITIONS.–In this section:

(1) HISPANIC-SERVING INSTITUTION.–The te

serving institution‛ has the meaning given the term in sec

the Higher Education Act of 1965 (20 U.S.C. 1101a(a)).

(2) HISTORICALLY BLACK COLLEGE AND UN

The term ‘historically Black college or university’ has 

given the term ‘part B institution’ in section 322 o

Education Act of 1965 (20 U.S.C. 1061).

––––––––

357 Amended by P.L. 109–58, § 622, 119 Stat. 182 (2005).

42 USC 2015c.
() y g

Act of 1978 (25 U.S.C. 1801(a)).

b. PARTNERSHIP PROGRAM.–The Commission may 

participate in activities relating to research, mentoring, in

training with institutions of higher education, including His

institutions, historically Black colleges or universities, and T

to strengthen the capacity of the institutions–

(1) to educate and train students (including presen

employees of the Commission); and

(2) to conduct research in the field of science, engine

or any other field that the Commission determines is im

work of the Commission.358

Sec. 251. Report to Congress [Repealed]359

The Commission shall submit to the Congress, in January 

a report concerning the activities of the Commission. The 

shall include in such report, and shall at such other time

desirable submit to the Congress, such recommendations 

legislation as the Commission deems necessary or desirable

Sec. 261. Appropriations

a.360 No appropriation shall be made to the Commission

Commission waive charges for the use of materials under th

––––––––

358 Amended by P.L. 109–58, Title VI, § 651(c)(4), 119 Stat. 802 (2005)

§ 941(k)(2)(L), made technical corrections resulting in no change in t

359 Repealed by P.L. 105–85, Div. C, Title XXI, Subtitle D, § 3152(a), 1

(1997). It provided for a report to Congress on the activities of the At

Commission. 360 Amended by P.L. 88–72, section 107, 77 Stat. 84 (1963). Before am

section read as follows:

Sec. 261. APPROPRIATIONS––

a. There are hereby authorized to be appropriated such sums as ma

and appropriate to carry out the provisions and purposes of this Ac

(1) Such as may be necessary for acquisition or condemnation of a

or any facility or for plant or facility acquisition, construction or ex

Provided, That for the purposes of this subsection a., any nonmilit

reactor which is designed to produce more than 10,000 thermal kil

(except for intermittent excursions) or which is designed to be use

production of electric power shall be deemed to be a facility.

(2) Such as may be necessary to carry out cooperative programs w

the development and construction of reactors for the demonstration 

whole or in part, in the production of electric power or process hea

propulsion, or solely or principally for the commercial provision o

material, irradiation, or other special services, for civilian use, by a

(including contracts, agreements, and loans) or amendments theret

the payment of funds, the rendering of services, and the undertakin

development without full reimbursement, the waiver of charges ac

arrangement, or the provision by the Commission of any other fina

pursuant to such arrangement, or which involves the acquisition or 

of any real property or any facility or for plant or facility acquisitio

or expansion undertaken by the Commission as a part of such arran

b. The acts appropriating such sums may appropriate specified por

be accounted for upon the certification of the Commission only.

c. Funds are hereby authorized to be appropriated for advance plan

construction design, and architectural services in connection with 

facility not otherwise authorized, and for the restoration or replace

or facility destroyed or otherwise seriously damaged, and the Com

authorized to use available funds for such purposes. 

d. Funds hereafter authorized to be appropriated for any project to 

connection with the development or production of special nuclear 

atomic weapons may be used to start another project not otherwise 

42 USC 2016.

42 USC 2017.
y pppg 

specified portions thereof to be accounted for upon the certi

Commission only.

c. Notwithstanding the provisions of subsection a., fun

authorized to be appropriated for the restoration or replac

plant or facility destroyed or otherwise seriously dama

Commission is authorized to use available funds for such pu

d. Funds authorized to be appropriated for any construc

be used in connection with the development or producti

nuclear material or atomic weapons may be used to 

construction project not otherwise authorized if th

construction project is within the limit of cost of the constr

for which substitution is to be made, and the Commission ce

(1) the substituted project is essential to the commo

security;

(2) the substituted project is required by change

characteristics or weapon logistics operations; and

(3) the Commission is unable to enter into a cont

person on terms satisfactory to it to furnish from a pr

plant or facility the product or services to be provide

project.

Sec. 271. Agency Jurisdiction

Nothing in this Act shall be construed to affect the 

regulations of any Federal, State, or Local agency with 

generation, sale, or transmission of electric power produce

use of nuclear facilities licensed by the Commission: Provi

section shall not be deemed to confer upon any Federal, 

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

Commission.362

Sec. 272. Applicability of Federal Power Act

Every licensee under this Act who holds a license from th

for a utilization of production facility for the generation o

electric energy under section 103 and who transmits such e

in interstate commerce or sells it as wholesale in interstate co

be subject to the regulatory provisions of the Federal Power 

Sec. 273. Licensing of Government Agencies

Nothing in this Act shall preclude any Government a

hereafter authorized by law to engage in the production, 

distribution of electric energy from obtaining a license unde

–––––––– the substituted project is within the limit of cost of the project for w

substitution is to be made, and the Commission certifies that– (1) the substituted project is essential to the common defense and s

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

weapon logistic operations; and

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

satisfactory to it to furnish from a privately owned plant or facility 

services to be provided by the new project. 361 Excerpts from legislation appropriating funds to the Atomic Energy C

the U.S. Nuclear Regulatory Commission are set forth in NUREG 09

Section 4. 362 Amended by P.L. 89–135, 79 Stat. 551 (1965). Before amendment, th

follows: “Sec. 271. AGENCY JURISDICTION–Nothing in this Act 

construed to affect the authority or regulations of any Federal, State, 

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

42 USC 2018.

42 USC 2019.

42 USC 2020.
pg gy pp

Sec. 274. Cooperation with States363

a. It is the purpose of this section–

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

atomic energy, and to clarify the respective responsibili

Act of the States and the Commission with respect to the 

byproduct, source, and special nuclear materials;

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

between the States and the Commission with respect 

radiation hazards associated with use of such materials;

(3) to promote an orderly regulatory pattern 

Commission and State governments with respec

development and use and regulation of byproduct, sourc

nuclear materials;

(4) to establish procedures and criteria for discontinua

of the Commission’s regulatory responsibilities wi

byproduct, source, and special nuclear materials, and th

thereof by the States;

(5) to provide for coordination of the developmen

standards for the guidance of Federal agencies and coo

the States; and

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

regulate effectively such materials, additional legisla

desirable.

b. Except as provided in subsection c., the Commission 

to enter into agreements with the Governor of any State 

discontinuance of the regulatory authority of the Comm

Chapters 6, 7, and 8, and section 161 of this Act, with resp

or more of the following materials within the State:

(1) Byproduct materials (as defined in section 11e.).

(2) Source materials;

(3) Special nuclear materials in quantities not suffic

critical mass.364

During the duration of such an agreement it is recognized 

shall have authority to regulate the materials covered by the 

the protection of the public health and safety from radiation 

c. No agreement entered into pursuant to subsection b. sh

discontinuance of any authority and the Commission shall r

and responsibility with respect to regulation of–

(1) the construction and operation of any production 

facility or any uranium enrichment facility;365

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

source, or special nuclear material, or of any production 

facility;

(3) the disposal into the ocean or sea of byprodu

special nuclear waste materials as defined in regulation

the Commission;

––––––––

363 Added by P.L. 86–373, § 1, 73 Stat. 688 (1959). 364 Amended by P.L. 109–58, Title VI, § 651(e)(2), 119 Stat. 807 (2005)

paragraph (1), and renumbered paragraphs (3) and (4) of section 274 

paragraphs (2) and (3). 365 Amended by P.L. 102–486, 106 Stat. 2944 (1992).

42 USC 2021.

Agreements 

with States.

42 USC 2014.
p, 

without a license from the Commission.

The Commission shall also retain authority under any such 

make a determination that all applicable standards and requ

been met prior to termination of a license for byproduct mater

in section 11e.(2).366 Notwithstanding any agreement 

Commission and any State pursuant to subsection b., the C

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

processor, or producer of any equipment, device, commo

product containing source, byproduct, or special nuclear ma

transfer possession or control of such product except pursua

issued by the Commission.

d. The Commission shall enter into an agreement under 

of this section with any State if–

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

for the control of radiation hazards adequate to protect th

and safety with respect to the materials within the State c

proposed agreement, and that the State desires to assu

responsibility for such materials; and

(2) the Commission finds that the State program is 

with the requirements of subsection o. and in all oth

compatible with the Commission’s program for regul

materials, and that the State program is adequate to pro

health and safety with respect to the materials covered by 

agreement.

e. (1) Before any agreement under subsection b. is 

Commission, the terms of the proposed agreement and 

exemptions pursuant to subsection f. shall be published once 

four consecutive weeks in the Federal Register; and such o

comment by interested persons on the proposed agreement an

shall be allowed as the Commission determines by regulati

be appropriate.

(2) Each proposed agreement shall include the prop

date of such proposed agreement or exemptions. The a

exemptions shall be published in the Federal Register wit

after signature by the Commission and the Governor.

f. The Commission is authorized and directed, by regul

to grant such exemptions from the licensing requirements 

Chapters 6, 7, and 8, and from its regulations applicable to li

Commission finds necessary or appropriate to carry out a

entered into pursuant to subsection b. of this section.

g. The Commission is authorized and directed to coop

States in the formulation of standards for protection again

radiation to assure that State and Commission programs 

against hazards of radiation will be coordinated and compat

h. The Administrator of the Environmental Protection 

consult qualified scientists and experts in radiation matters, 

President of the National Academy of Sciences, the Ch

National Committee on Radiation Protection and Meas

qualified experts in the field of biology and medicine and 

health physics. The Special Assistant to the President fo

––––––––

366 Amended by P.L. 95–604, section 204(f), 92 Stat. 3038 (1978). 367 Amended by P.L. 95–604, section 904(b), 92 Stat. 3037 (1978).

Conditions.

Publication in 

Federal 

Register.

Exemptions.

Licensing 

requirements.
p

directly or indirectly affecting health, including guidance f

agencies in the formulation of radiation standards and in the 

and execution of programs of cooperation with States. The 

shall also perform such other functions as the President may 

by Executive Order. 368

i. The Commission in carrying out its licensing a

responsibilities under this Act is authorized to enter into ag

any State, or group of States, to perform inspections or othe

a cooperative basis as the Commission deems app

Commission is also authorized to provide training, with or w

to employees of, and such other assistance to, any such Sta

subdivision thereof or group of States as the Comm

appropriate. Any such provision or assistance by the Com

take into account the additional expenses that may be incur

as a consequence of the State’s entering into an agreem

Commission pursuant to subsection b.

j. (1) The Commission, upon its own initiative after rea

and opportunity for hearing to the State with which an agr

subsection b. has become effective, or upon request of the 

such State, may terminate or suspend all or part of its agree

State and reassert the licensing and regulatory authority ves

this Act, if the Commission finds that (1) such termination 

is required to protect the public health and safety, or (2) the 

complied with one or more of the requirements of this 

Commission shall periodically review such agreements and 

by the States under the agreements to insure complia

provisions of this section.369

(2)370 The Commission, upon its own motion or up

the Governor of any State, may, after notifying t

temporarily suspend all or part of its agreement with the 

notice or hearing if, in the judgment of the Commission:

(A) an emergency situation exists with respect to 

covered by such an agreement creating danger w

immediate action to protect the health or safety of 

within or outside of the State, and

(B) the State has failed to take steps necessary 

eliminate the cause of the danger within a reasonable 

situation arose.

A temporary suspension under this paragraph shall rem

only for such time as the emergency situation exists and shal

Commission to exercise its authority only to the extent neces

or eliminate the danger.

k. Nothing in this section shall be construed to affect th

any State or local agency to regulate activities for purpo

protection against radiation hazards.

––––––––

368 Reorganization Plan No. 3 of 1970 abolished the Federal Radiation C

transferred its functions to the Administrator of the Environmental Pr

369 Amended by P.L. 96–295, § 205, 94 Stat. 787 (1980); P.L. 95–604, § 

and (3), 92 Stat. 3037 (1978), amended section 274j. 370 Added by P.L. 96–295, § 205, 94 Stat. 787 (1980).

Inspections.

Termination of 

agreement.
, gpp

States in which the activity will be conducted of the filing 

application; and shall afford reasonable opportunit

representatives to offer evidence, interrogate witnesses, a

Commission as to the application without requiring such rep

take a position for or against the granting of the application.

m. No agreement entered into under subsection b., and 

granted pursuant to subsection f., shall affect the aut

Commission under subsection 161b. or i.; to issue rules, r

orders to protect the common defense and security, to pro

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

For purposes of subsection 161i., activities covered by exem

pursuant to subsection f. shall be deemed to constitute activit

pursuant to this Act; and special nuclear material acquired 

pursuant to such an exemption shall be deemed to have 

pursuant to section 53.

n. As used in this section, the term “State” means any St

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

District of Columbia. As used in this section, the term 

includes any amendment to any agreement.371

o.372 In the licensing and regulation of byproduct mater

in section 11e. (2) of this Act, or of any activity which 

production of byproduct material as so defined under an agre

into pursuant to subsection b., a State shall require–

(1) compliance with the requirements of subsection b

(respecting ownership of byproduct material and land), a

(2) compliance with standards which shall be adopte

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

hazards associated with such material which are equi

extent practicable, or more stringent than, standards 

enforced by the Commission for the same purpo

requirements and standards promulgated by the Comm

Administrator of the Environmental Protection Agenc

sections 83, 84, and 275, and

(3) procedures which–

(A) in the case of licenses, provide procedures un

which include–

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

and a public hearing, with a transcript,

(ii) an opportunity for cross examination, and

(iii) a written determination which is based 

included in such determination and upon the evide

during the public comment period and which 

judicial review;

(B) in the case of rulemaking, provide an opportu

participation through written comments or a publi

provide for judicial review of the rule;

(C) require for each license which has a signific

the human environment a written analysis (which sha

to the public before the commencement of any such 

––––––––

371 Amended by P.L. 95–604, § 204(c), 92 Stat. 3037 (1978). 372 Added by P.L. 95–604, § 204(e), 92 Stat. 3037 (1978).

Definition.

Agreement.
() g

impacts to the public health of the activities to 

pursuant to such license;

(ii) an assessment of any impact on any w

groundwater resulting from such activities;

(iii) consideration of alternatives, including al

and engineering methods, to the activities to 

pursuant to such license; and

(iv) consideration of the long-term impac

decommissioning, decontamination, and reclam

associated with activities to be conducted pur

license, including the management of any bypro

as defined by section 11e.(2); and

(D) prohibit any major construction activity with r

material prior to complying with the provisions of 

(C).

If any State under such agreement imposes upon any 

requirement for the payment of funds to such State for the r

long-term maintenance and monitoring of such material, an

the United States of such material is required in accordanc

83b. of this Act, such agreement shall be amended by the C

provide that such State shall transfer to the United States upo

of the license issued to such licensee the total amount coll

State from such licensee for such purpose. If such payment

they must be sufficient to ensure compliance with the standar

by the Commission pursuant to section 161x. of this Act. No 

required under paragraph (3) to conduct proceedings co

license or regulation which would duplicate proceedings con

Commission.

In adopting requirements pursuant to paragraph (2) of t

with respect to sites at which ores are processed primarily f

material content or which are used for the disposal of bypr

as defined in section 11e.(2), the State may adopt alternativ

where appropriate, site-specific alternatives) to the requirem

and enforced by the Commission for the same purpose if, a

opportunity for public hearing, the Commission determi

alternatives will achieve a level of stabilization and containm

concerned, and a level of protection for public health, sa

environment from radiological and nonradiological hazar

with such sites, which is equivalent to, to the extent practic

stringent than the level which would be achieved by 

requirements adopted and enforced by the Commission 

purpose and any final standards promulgated by the Admin

Environmental Protection Agency in accordance with sect

alternative State requirements may take into account loc

conditions, including geology, topography, hydrology and m

Sec. 275. Health and Environmental Standards for Uran

Tailings374

a. As soon as practicable, but not later than October 1

Administrator of the Environmental Protection Agency 

––––––––

373 This paragraph was added by P.L. 97–415, § 19, 96 Stat. 2067 (1983

374 Added by P.L. 95–604, § 206(a), 92 Stat. 3039 (1978), added section 

375 Amended by P.L. 97–415, § 18, 96 Stat. 2067 (1983).

42 USC 2201.

42 USC 2014.

42 USC 2022.

42 USC 2022.

Rule.
() g

of 1978) for the protection of the public health, safety, and th

from radiological and nonradiological hazards associated 

radioactive materials (as defined in section 101 of the 

Tailings Radiation Control Act of 1978) located at inactive 

tailings sites and depository sites for such materials se

Secretary of Energy, pursuant to title I of the Uranium 

Radiation Control Act of 1978. Standards promulgated pu

subsection shall, to the maximum extent practicable, be cons

requirements of the Solid Waste Disposal Act, as amended. I

such standards, the Administrator shall consider the risk 

health, safety, and the environment, the environmental and e

of applying such standards, and such other factors as the 

determines to be appropriate.376 The Administrator may 

revise any standard promulgated pursuant to this subsection. 

1, 1982, if the Administrator has not promulgated standards 

under this subsection, any action of the Secretary of Energy 

the Uranium Mill Tailings Radiation Control Act of 1

required to comply with, or be taken in accordance with, st

Administrator shall comply with, or be taken in accorda

standards proposed by the Administrator under this subsect

time as the Administrator promulgates such standards in fin

b.(1) As soon as practicable, but not later than October 

Administrator shall, by rule, propose and within 11 mon

promulgate in final form, standards, general application for 

of the public health, safety, and the environment from rad

non-radiological hazards associated with processing a

possession, transfer, and disposal of byproduct material, 

section 11e.(2) of this Act, at sites at which ores are proce

for their source material content or which are used for the di

byproduct material. If the Administrator fails to promulgat

final form under this subsection by October 1, 1983, the au

Administrator to promulgate such standards shall termi

Commission may take actions under this Act without r

provision of this Act requiring such actions to comply with, 

accordance with, standards promulgated by the Administrato

case, the Commission shall promulgate, and from time to tim

such standards of general application which the Comm

necessary to carry out its responsibilities in the conduct o

activities under this Act. Requirements established by the 

under this Act with respect to byproduct material as defin

11e.(2) shall confirm to such standards. Any requirements a

Commission respecting such byproduct material before pro

the Commission of such standards shall be amended as the 

deems necessary to conform to such standards in the sam

provided in subsection f.(3). Nothing in this subsection shal

to prohibit or suspend the implementation or enforce

Commission of any requirement of the Commission respect

material as defined in section 11e.(2) pending promulg

––––––––

376 Amended by P.L. 97–415, § 22, 96 Stat. 2067 (1983). 377 Amended by P.L. 97–415, § 18, 96 Stat. 2067 (1983).

42 USC 2014.

42 USC 6901 

note.

42 USC 7911.

Promulgation 

authority.

42 USC 2014.
, y, , 

of applying such standards, and such other factors as the 

determines to be appropriate.378

(2) Such generally applicable standards promulgated pu

subsection for nonradiological hazards shall provide for the 

human health and the environment consistent with the stand

under subtitle C of the Solid Waste Disposal Act, as amend

applicable to such hazards: Provided, however, That no pe

the Administrator is required under this Act or the Solid W

Act, as amended, for the processing, possession, transfer, 

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

Administration may periodically revise any standard promulg

to this subsection. Within three years after such revision 

standard, the Commission and any State permitted to exer

under section 274b.(2) shall apply such revised standard in t

license for byproduct material as defined in section 11e.(2) o

thereof.

c. (1) Before the promulgation of any rule pursuant to th

Administrator shall publish the proposed rule in the Fed

together with a statement of the research, analysis, and o

information in support of such proposed rule, and provid

public comment of at least thirty days for written commen

an opportunity, after such comment period and after public n

interested person to present oral data, views, and argumen

hearing. There shall be a transcript of any such hearing. The 

shall consult with the Commission and the Secretary of E

promulgation of any such rule.

(2) Judicial review of any rule promulgated under this s

obtained by any interested person only upon such person fi

for review within sixty days after such promulgation in the 

court of appeals for the Federal judicial circuit in which such 

or has his principal place of business. A copy of the pet

forthwith transmitted by the clerk of the court to the Adm

Administrator thereupon shall file in the court the written s

and transcript of, the written or oral proceedings on which s

was based as provided in section 2112 of title 28, United Sta

court shall have jurisdiction to review the rule in accordanc

7 of title 5, United States Code, and to grant appropriate reli

in such chapter. The judgment of the court affirming, modify

aside, in whole or in part, any such rule shall be final, subj

review by the Supreme Court of the United States upon 

certification as provided in section 1254 of title 28, United S

(3) Any rule promulgated under this section shall n

earlier than sixty calendar days after such promulgation.

d. Implementation and enforcement of the standards 

pursuant to subsection b. of this section shall be the respon

Commission in the conduct of its licensing activities under t

exercising authority pursuant to section 274b.(2) of th

implement and enforce such standards in accordance with su

such section.

––––––––

378 Amended by P.L. 97–415, §§ 18, 22, 96 Stat. 2067 (1983); added thi

end of subsection b.

42 USC 2021.

Consultation.

Notice, hearing 

opportunity.

Publication in 

Federal 

Register.

Judicial review.

5 USC et seq.

42 USC 2021.
, , 

Pollution Control Act, as amended.

f.379(1) Prior to January 1, 1983, the Commission shall n

or enforce the provisions of the Uranium Mill Licensing 

published as final rules at 45 Federal Register 65521 to 655

3, 1980 (hereinafter in this subsection referred to as th

regulations”) After December 31, 1982, the Commission is 

implement and enforce the provisions of such October 3 re

any subsequent modifications or additions to such regulatio

be adopted by the Commission), except as otherwise 

paragraphs (2) and (3) of this subsection.

(2) Following the proposal by the Administrator of st

subsection b., the Commission shall review the October 3 reg

not later than 90 days after the date of such prop

implementation and enforcement of any provision of suc

which the Commission determines after notice and opportu

comment to require a major action or major commitmen

which would be unnecessary if–

(A) the standards proposed by the Administrator are 

in final form without modification, and

(B) the Commission’s requirements are modified t

such standards.

Such suspension shall terminate on the earlier of April 

date on which the Commission amends the October 3 

conform to final standards promulgated by the Admin

subsection b. During the period of such suspension, the Com

continue to regulate byproduct material (as defined in se

under this Act on a licensee-by-licensee basis as the Comm

necessary to protect public health, safety, and the environme

(3) Not later than 6 months after the date on which the 

promulgates final standards pursuant to subsection b. of th

Commission shall, after notice and opportunity for public com

the October 3 regulations, and adopt such modifica

Commission deems necessary to conform to such final sta

Administrator.

(4) Nothing in this subsection may be construed as 

authority or responsibility of the Commission under s

promulgate regulations to protect the public health and s

environment.

Sec. 276. State Authority to Regulate Radiation Below L

Regulatory Concern of Nuclear Regulatory Commission

(a) IN GENERAL.–No provision of this Act, or of th

Radioactive Waste Policy Act, may be construed to prohibi

restrict the authority of any State to regulate, on the basis o

hazard, the disposal or off-site incineration of low-level radi

if the Nuclear Regulatory Commission, after the date of the 

the Energy Policy Act of 1992 exempts such waste from reg

––––––––

379 Added by P.L. 97–415, § 18, 96 Stat. 2067 (1983). 380 Added by P.L. 102–486, 106 Stat. 3122 (1992). P.L. 109–58 states:

(b) REVOCATION OF RELATED NRC POLICY STATEMENT

statements of the Nuclear Regulatory Commission published in th

Register on July 3, 1990 (55 Fed. Reg. 27522) and August 29, 198

Reg. 30839), relating to radioactive waste below regulatory concer

effect after the date of the enactment of this Act.

Uranium mill 

licensing 

requirement 

regulations.

Implementation 

and 

enforcement.

Review, public 

comment, and 

suspension.

42 USC 2114.

42 USC 2023.
py p(), y 

confer on any State any additional authority to regulate acti

by the Nuclear Regulatory Commission.

(c) DEFINITIONS.–For purposes of this section:

(1) The term “low-level radioactive waste” mean

material classified by the Nuclear Regulatory Commissio

radioactive waste on the date of the enactment of the Ene

of 1992.

(2) The term “off-site incineration” means any in

radioactive materials at a facility that is located off the s

materials were generated.

(3) The term “State” means each of the several State

of Columbia, and any commonwealth, territory, or pos

United States.

Sec. 281. Separability

If any provision of this Act or the application of such pr

person or circumstances, is held invalid, the remainder of t

application of such provision to persons or circumstances ot

as to which it is held invalid, shall not be affected thereby.

Sec. 291. Short Title

This Act may be cited as the “Atomic Energy Act of 195

Chapter 20–Joint Committee on Atomic Energy Ab

Functions and Responsibilities Reassigned38

Sec. 301. Joint Committee on Atomic Energy Abolished

a. The Joint Committee on Atomic Energy is abolished.

b. Any reference in any rule, resolution, or order of the 

House of Representatives or in any law, regulation, or Exec

the Joint Committee on Atomic Energy shall, on and aft

enactment of this section, be considered as referring to the 

the Senate and the House of Representatives which, under t

Senate and the House, have jurisdiction over the subject m

reference.

c. All records, data, charts, and files of the Joint Commit

Energy are transferred to the committees of the Senate 

Representatives which, under the rules of the Senate and th

jurisdiction over the subject matters to which such records

and files relate. In the event that any record, data, chart, o

within the jurisdiction of more than one committee, duplica

be provided upon request.

Sec. 302. Transfer of Certain Functions of the Joint Com

Atomic Energy and Conforming Amendments to Certain 

Laws

a. Effective on the date of enactment of this section, cha

Act is repealed.

b. Section 103 of the Atomic Energy Community Ac

amended, is repealed. 

c. Section 3 of the Congressional Budget and Impound

Act of 1974 is amended by–

––––––––

381 Chapter 20 added by P.L. 95–110, 91 Stat. 884 (1977).

Separability.

Short title.

42 USC 2258.

Records, 

transfer.

Repealed.

42 USC 2251 et 

seq.

Repealed.

42 USC 2315.
()() gg

repealed.

Sec. 303. Information and Assistance to Congressional C

a. The Secretary of Energy and the Nuclear Regulatory 

shall keep the committees of the Senate and the House of R

which, under the rules of the Senate and the House, have jur

the functions of the Secretary or the Commission, fully 

informed with respect to the activities of the Secre

Commission.

b. The Department of Defense and Department of State 

committees of the Senate and the House of Representatives 

the rules of the Senate and the House, have jurisdiction 

security considerations of nuclear energy, fully and curre

with respect to such matters within the Department of 

Department of State relating to national security considerati

technology which are within the jurisdiction of such commi

c. Any Government agency shall furnish any information 

the committees of the Senate and the House of Represen

under the rules of the Senate and the House, have jurisdi

development, utilization, or application of nuclear energy, w

the activities or responsibilities of such agency in the fie

energy which are within the jurisdiction of such committees

d. The committees of the Senate and the House of R

which, under the rules of the Senate and the House, have jur

the development, utilization or application of nuclear 

authorized to utilize the services, information, facilities, and 

any Government agency which has activities or responsibilit

of nuclear energy which are within the jurisdiction of suc

Provided, however, That any utilization of personnel by suc

shall be on a reimbursable basis and shall require, wi

committees of the Senate, the prior written consent of the 

Rules and Administration, and with respect to committees o

Representatives, the prior written consent of the Commit

Oversight.

382

Chapter 21–Defense Nuclear Facilities Safety Bo

Sec. 311. Establishment384 

(a) Establishment

There is hereby established an independent establishment in 

branch, to be known as the “Defense Nuclear Facilities S

(hereafter in this subchapter referred to as the “Board”).

 (b) Membership

 (1) The Board shall be composed of five members a

civilian life by the President, by and with the advice and c

Senate, from among United States citizens who are respected 

field of nuclear safety with a demonstrated competence a

relevant to the independent investigative and oversight fu

Board. Not more than three members of the Board shall b

political party.

––––––––

382 Amended by P.L. 104–186, § 222(1), 110 Stat. 1749 (1996). 383 Chapter 21 added by P.L. 100–456, 102 Stat. 2084 (1988). 384 Amended P.L. 112-239, § 3202(a), 126 Stat. 2217(2013).

j

Repealed.

42 USC 2259.

42 USC 2286.
() y py

significant financial relationship with, the Department of E

contractor of the Department of Energy.

 (4) Repealed. Pub.L. 112-239, Div. C, Title XXXII, 

Jan. 2, 2013, 126 Stat. 2217

 (c) Chairman, Vice Chairman, and Members

 (1) The President shall designate a Chairman and V

of the Board from among members of the Board.

 (2) In accordance with paragraph (5), the Chairma

chief executive officer of the Board and, subject to such p

Board may establish, shall exercise the functions of the Boar

to--

 (A) the appointment and supervision of employees 

 (B) the organization of any administrative units e

the Board; and 

 (C) the use and expenditure of funds. 

 (3) The Chairman may delegate any of the functio

paragraph to any other member or to any appropriate officer 

 (4) The Vice Chairman shall act as Chairman in th

absence or incapacity of the Chairman or in case of a vacanc

of Chairman.

 (5) Each member of the Board, including the Chair

Chairman, shall--

 (A) have equal responsibility and authority in 

decisions and determining actions of the Board; 

 (B) have full access to all information rel

performance of the Board's functions, powers, and mission; 

 (C) have one vote. 

 (d) Terms

 (1) Except as provided under paragraph (2), the m

Board shall serve for terms of five years. Members of the 

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 year

 (D) one shall be appointed for a term of four years

 (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 occurr

expiration of the term of office for which such member's pr

appointed shall be appointed only for the remainder of 

member may serve after the expiration of that member's 

successor has taken office.

 (e) Quorum

Three members of the Board shall constitute a quorum, but a 

may hold hearings.

Sec. 312. Functions of the Board385

(a) Mission

The mission of the Board shall be to provide independent an

and recommendations to the Secretary of Energy to inform 

in the role of the Secretary as operator and regulator of the d

––––––––

385 Amended by P.L. 112-239, § 3202(b)(1), 126 Stat. 2218 (2013).

42 USC 2286a.
() 

The Board shall perform the following functions:

 (1) Review and evaluation of standards 

The Board shall review and evaluate the content and implem

standards relating to the design, construction, op

decommissioning of defense nuclear facilities of the Departm

(including all applicable Department of Energy orders, re

requirements) at each Department of Energy defense nuclea

Board shall recommend to the Secretary of Energy those spe

that should be adopted to ensure that public health an

adequately protected. The Board shall include in its reco

necessary changes in the content and implementation of such 

well as matters on which additional data or additional resear

 (2) Investigations 

 (A) The Board shall investigate any event or 

Department of Energy defense nuclear facility which the Boa

has adversely affected, or may adversely affect, public healt

 (B) The purpose of any Board investigation under 

(A) shall be--

 (i) to determine whether the Secretary 

adequately implementing the standards described in paragr

Department of Energy (including all applicable Departme

orders, regulations, and requirements) at the facility; 

 (ii) to ascertain information concerning the cir

such event or practice and its implications for such standard

 (iii) to determine whether such event or practi

other events or practices at other Department of Energy de

facilities; and 

 (iv) to provide to the Secretary of 

recommendations for changes in such standards or the impl

such standards (including Department of Energy orders, re

requirements) and such recommendations relating to data or r

as may be prudent or necessary. 

 (3) Analysis of design and operational data 

The Board shall have access to and may systematically analy

operational data, including safety analysis reports, from an

of Energy defense nuclear facility. 

 (4) Review of facility design and construction 

The Board shall review the design of a new Department of E

nuclear facility before construction of such facility beg

recommend to the Secretary, within a reasonable time, such 

of the design as the Board considers necessary to ens

protection of public health and safety. During the constructio

facility, the Board shall periodically review and monitor th

and shall submit to the Secretary, within a reasonabl

recommendations relating to the construction of that facility 

considers necessary to ensure adequate protection of pub

safety. An action of the Board, or a failure to act, under this p

not delay or prevent the Secretary of Energy from car

construction of such a facility. 

 (5) Recommendations 

The Board shall make such recommendations to the Secret

with respect to Department of Energy defense nuclear facili

operations of such facilities, standards, and research needs
py (), 

economic feasibility of implementing the recommended me

 (c) Excluded functions

The functions of the Board under this subchapter do not inc

relating to the safety of atomic weapons. However, the Bo

access to any information on atomic weapons that is within th

of Energy and is necessary to carry out the functions of the 

Sec. 313. Powers of Board386

(a) Hearings

 (1) The Board or a member authorized by the Board 

purpose of carrying out this subchapter, hold such hearings 

at such times and places, and require, by subpoena or o

attendance and testimony of such witnesses and the produ

evidence as the Board or an authorized member may find ad

 (2)(A) Subpoenas may be issued only under the si

Chairman or any member of the Board designated by him 

served by any person designated by the Chairman, any m

person as otherwise provided by law. The attendance of wit

production of evidence may be required from any place in the 

at any designated place of hearing in the United States.

 (B) Any member of the Board may admini

affirmations to witnesses appearing before the Board.

 (C) If a person issued a subpoena under paragraph 

obey such subpoena or is guilty of contumacy, any court 

States within the judicial district within which the hearing is 

within the judicial district within which such person is foun

transacts business may (upon application by the Board) ord

to appear before the Board to produce evidence or to g

relating to the matter under investigation. Any failure to ob

of the court may be punished by such court as a contempt of 

 (D) The subpoenas of the Board shall be served 

provided for subpoenas issued by a United States district c

Federal Rules of Civil Procedure for the United States distri

 (E) All process of any court to which application 

under this section may be served in the judicial district in wh

required to be served resides or may be found.

 (b) Staff

 (1) The Board may, for the purpose of pe

responsibilities under this subchapter--

 (A) hire such staff as it considers necessary to 

functions of the Board, including such scientific and techn

as the Board may determine necessary, but not more than the 

150 full-time employees; and 

 (B) procure the temporary and intermittent servi

and consultants to the extent authorized by section 3109(b

rates the Board determines to be reasonable. 

 (2) The authority and requirements provided in Sec 1

with respect to officers and employees of the Commission sh

respect to scientific and technical personnel hired under par

 (c) Regulations

The Board may prescribe regulations to carry out the respons

Board under this subchapter.

––––––––

386 Amended by P.L. 112-239, § 3202(g), 126 Stat. 2220 (2013).

42 USC 2286b.
gy g py

the Board may require the Secretary of Energy to repo

subsection may include any information designated 

information, or any information designated as safeguards in

protected from disclosure under Section 147 and 148 of this 

 (e) Use of Government facilities, etc.

The Board may, for the purpose of carrying out its respons

this subchapter, use any facility, contractor, or employee 

department or agency of the Federal Government with the c

under appropriate support arrangements with the head of su

or agency and, in the case of a contractor, with the c

contractor.

 (f) Assistance from certain agencies of Federal Governm

With the consent of and under appropriate support arrangem

Nuclear Regulatory Commission, the Board may obtain th

recommendations of the staff of the Commission on matters 

Board's responsibilities and may obtain the advice and reco

of the Advisory Committee on Reactor Safeguards on such 

 (g) Assistance from organizations outside Federal Gover

Notwithstanding any other provision of law relating t

competitive procedures, the Board may enter into an agree

National Research Council of the National Academy of Sc

other appropriate group or organization of experts outsid

Government chosen by the Board to assist the Board in ca

responsibilities under this subchapter.

 (h) Resident inspectors

The Board may assign staff to be stationed at any Departm

defense nuclear facility to carry out the functions of the Boa

 (i) Special studies

The Board may conduct special studies pertaining to adequ

of public health and safety at any Department of Energy de

facility.

 (j) Evaluation of information

The Board may evaluate information received from the 

industrial communities, and from the interested public, with 

 (1) events or practices at any Department of Energy d

facility; or 

 (2) suggestions for specific measures to improve t

standards described in Sec. 313 of this title, the implemen

standards, or research relating to such standards at Departm

defense nuclear facilities.

Sec. 314. Responsibilities of the Secretary of Energy

(a) Cooperation.–The Secretary of Energy shall fully c

the Board and provide the Board with ready access to s

personnel, and information as the Board considers necessar

its responsibilities under this chapter. Each contractor 

Department of Energy defense nuclear facility under a con

by the Secretary shall, to the extent provided in such contrac

with the contractor’s consent, fully cooperate with the Boar

the Board with ready access to such facilities, personnel, an

of the contractor as the Board considers necessary to 

responsibilities under this chapter.

(b) Access To Information.–The Secretary of Energy ma

to information provided to the Board to any person who–

42 USC 2286c.

Contracts.
() 

person.

Sec. 315. Board Recommendations387

(a) Submission of recommendations

 (1) Subject to subsections (h) and (i), not later than 3

the date on which the Board transmits a recommendation to 

of Energy under section 312 of this title, the Board shall t

Secretary in writing a draft of such recommendation an

findings, supporting data, and analyses to ensure the 

adequately informed of a formal recommendation and t

Secretary an opportunity to provide input to the Board 

recommendation is finalized.

 (2) The Secretary may provide to the Board comme

recommendation transmitted by the Board under paragraph (

than 30 days after the date on which the Secretary rece

recommendation. The Board may grant, upon request by 

additional time for the Secretary to transmit comments to th

 (3) After the period of time in which the Secretary 

comments under paragraph (2) elapses, the Board may tr

recommendation to the Secretary.

 (b) Public availability and comment

Subject to subsections (h) and (i), after the Secretary of Ene

recommendation from the Board under subsection (a)(3), th

promptly make available to the public such recommenda

related correspondence from the Secretary by--

 (1) providing such recommendation and correspon

public in the regional public reading rooms of the Departm

and 

 (2) publishing in the Federal Register--

 (A) such recommendation and correspondence; an

 (B) a request for the submission to the Board of pub

on such recommendation that provides interested persons 

after the date of the publication in which to submit comment

or arguments to the Board concerning the recommendation. 

 (c) Response by Secretary

 (1) The Secretary of Energy shall transmit to the Boa

a statement on whether the Secretary accepts or rejects, in wh

the recommendations submitted to him by the Board under 

this title, a description of the actions to be taken in re

recommendations, and his views on such recommendations. 

of Energy shall transmit his response to the Board within 45 

date of the publication, under subsection (b) of this section

with respect to such recommendations or within such additio

to exceed 45 days, as the Board may grant.

 (2) At the same time as the Secretary of Energy 

response to the Board under paragraph (1), the Secreta

subsection (i) of this section, shall publish such response, to

request for public comment on his response, in the Federal R

 (3) Interested persons shall have 30 days after th

publication of the Secretary of Energy's response in wh

comments, data, views, or arguments to the Board co

Secretary's response.

––––––––

387 Amended by P.L. 112-239, § 3202(c), 126 Stat. 2218 (2013).

42 USC 2286d.
p

 (d) Provision of information to Secretary

The Board shall furnish the Secretary of Energy with 

comments, data, views, and arguments submitted to it under 

or (c) of this section.

 (e) Final decision

If the Secretary of Energy, in a response under subsection 

section, rejects (in whole or part) any recommendation made 

under section 312 of this title, the Board shall either reaffir

recommendation or make a revised recommendation and s

Secretary of its action. Within 30 days after receiving the 

Board's action under this subsection, the Secretary shall 

Board's action and make a final decision on whether to im

part of the Board's recommendations. Subject to subsecti

section, the Secretary shall publish the final decision and the 

such decision in the Federal Register and shall transmit to th

on Armed Services, Appropriations, and Energy and Com

House of Representatives and the Committees on Arm

Appropriations, and Energy and Natural Resources of the Se

report containing that decision and reasoning.

 (f) Implementation plan

The Secretary of Energy shall prepare a plan for the impl

each Board recommendation, or part of a recommendation, th

by the Secretary in his final decision. The Secretary shal

implementation plan to the Board within 90 days after th

publication of the Secretary's final decision on such recomme

Federal Register. The Secretary may have an additional 45 d

the plan if the Secretary submits to the Board and to the C

Armed Services, Appropriations, and Energy and Commerc

of Representatives and the Committees on Arm

Appropriations, and Energy and Natural Resources of 

notification setting forth the reasons for the delay and d

actions the Secretary is taking to prepare an implementation p

subsection. The Secretary may implement any such recom

part of any such recommendation) before, on, or after the 

the Secretary transmits the implementation plan to the Bo

subsection.

 (g) Implementation

 (1) Subject to paragraph (2), not later than one year af

which the Secretary of Energy transmits an implementat

respect to a recommendation (or part thereof) under subsec

section, the Secretary shall carry out and complete the im

plan. If complete implementation of the plan takes more th

Secretary of Energy shall submit a report to the Committe

Services, Appropriations, and Energy and Commerce of 

Representatives and the Committees on Armed Services, A

and Energy and Natural Resources of the Senate setting for

for the delay and when implementation will be completed.

 (2) If the Secretary of Energy determines that the im

of a Board recommendation (or part thereof) is impracticab

budgetary considerations, or that the implementation wo

Secretary's ability to meet the annual nuclear weap

requirements established pursuant to Sec. 91 of this title, 
() 

 (1) In any case in which the Board determ

recommendation submitted to the Secretary of Energy und

of this title relates to an imminent or severe threat to pub

safety, the Board and the Secretary of Energy shall proce

subsection in lieu of subsections (a) through (e) of this secti

 (2) At the same time that the Board transmits a rec

relating to an imminent or severe threat to the Secretary o

Board shall also transmit the recommendation to the Pre

information purposes to the Secretary of Defense. The Secre

shall submit his recommendation to the President. The P

review the Secretary of Energy's recommendation and sh

decision concerning acceptance or rejection of 

recommendation.

 (3) After receipt by the President of the recommend

Board under this subsection, the Board promptly shal

recommendation available to the public and shall t

recommendation to the Committees on Armed Services, A

and Energy and Commerce of the House of Representa

Committees on Armed Services, Appropriations, and Energ

Resources of the Senate. The President shall promptly 

committees of his decision and the reasons for that decision

 (i) Limitation

Notwithstanding any other provision of this section, the re

make information available to the public under this section-

 (1) shall not apply in the case of information that is c

 (2) shall be subject to the orders and regulations 

Secretary of Energy under sections 147 and 148 of this ti

dissemination of certain information.

Sec. 316. Reports388

 (a) Board report

 (1) The Board shall submit to the Committees on Ar

Appropriations, and Energy and Commerce of th

Representatives and the Committees on Armed Services, A

and Energy and Natural Resources of the Senate each yea

time that the President submits the budget to Congress pursu

1105(a) of Title 31, a written report concerning its activit

subchapter, including all recommendations made by the Boa

year preceding the year in which the report is submitted. T

also issue periodic unclassified reports on matters withi

responsibilities.

 (2) The annual report under paragraph (1) sha

assessment of-

 (A) the improvements in the safety of Departm

defense nuclear facilities during the period covered by the re

 (B) the improvements in the safety of Departm

defense nuclear facilities resulting from actions taken by the B

on the basis of the activities of the Board; and 

 (C) the outstanding safety problems, if any, of D

Energy defense nuclear facilities. 

 (b) DOE report

––––––––

388 Amended by P.L. 112-239, § 3202(d), 126 Stat. 2220 (2013).

42 USC 2286e.
p, 

and Energy and Natural Resources of the Senate each yea

time that the President submits the budget to Congress pursu

1105(a) of Title 31, a written report concerning the act

Department of Energy under this subchapter during the year 

year in which the report is submitted.

Sec. 317. Judicial Review

Chapter 7 of title 5, United States Code, shall apply to th

the Board under this chapter.

Sec. 318. Definition

As used in this chapter, the term “Department of En

nuclear facility” means any of the following:

(1) A production facility or utilization facility (as def

11 of this Act) that is under the control or jurisdiction of 

of Energy and that is operated for national security pur

term does not include–

(A) any facility or activity covered by Executi

12344, dated February 1, 1982, pertaining to the 

propulsion program;

(B) any facility or activity involved with the assem

of nuclear explosives or with the transportatio

explosives or nuclear material;

(C) any facility that does not conduct atomic e

activities; or

(D) any facility owned by the United State

Corporation.

(2) A nuclear waste storage facility under the control 

of the Secretary of Energy, but the term does not inc

developed pursuant to the Nuclear Waste Policy Act of 

10101 et seq.) and licensed by the Nuclear Regulatory C

Sec. 319. Contract Authority Subject to Appropriations

The authority of the Board to enter into contracts under 

effective only to the extent that appropriations (includin

appropriations) are provided in advance for such purpose.

Sec. 320. Transmittal of Certain Information to Congres

Whenever the Board submits or transmits to the Pre

Director of the Office of Management and Budget a

recommendation, or any statement or information in preparat

to be submitted to the Committees on Armed Services, Appro

Energy and Commerce of the House of Representat

Committees on Armed Services, Appropriations, and Energ

Resources of the Senate pursuant to Sec. 316, the Board shal

same time a copy thereof to such committees.

Sec. 321. Annual Authorization of Appropriations390

Authorizations of appropriations for the Board for 

beginning after fiscal year 1989 shall be provided 

authorizations Acts.

––––––––

389 Added by P.L. 103–160, § 3202(a)(2), 107 Stat 1959 (1993). Amended 

§ 3202(e) 126 Stat.2220, (2013). 390 Amended by P.L. 103–160, § 3202(a)(1), 107 Stat 1959 (1993), whic

this section [formerly section 320] as section 321.

42 USC 2286f.

42 USC 2286g.

42 USC 2286h.

42 USC 2286h-1.

42 USC 2286i.
(A) Rulemaking Proceeding.–

(1) Purpose.–The Nuclear Regulatory Commission 

this section referred to as the “Commission”) sh

proceeding, in accordance with the requirements of th

determine whether to enter into indemnity agreements 

170 of the Atomic Energy Act of 1954 (42 USC 2210) 

licensed by the Commission under section 81, 104(a), or 

Atomic Energy Act of 1954 (42 USC 2111, 2134(a), an

by a State under section 274(b) of the Atomic Energy A

USC 2021(b)) for the manufacture, production, possess

radioisotopes or radiopharmaceutical for medical purpo

in this section referred to as “radiopharmaceutical licens

(2) Final Determination.–A final determination w

whether radiopharmaceutical licensees, or any class of s

shall be indemnified pursuant to section 170 of the Atom

of 1954 (42 USC2210) and if so, the terms and cond

indemnification, shall be rendered by the Commissi

months of the date of the enactment of this Act.

(b) Negotiated Rulemaking.–

(1) Administrative Conference Guidelines.–For th

making the determination required under subsect

Commission shall, to the extent consistent with the pro

Act, conduct a negotiated rulemaking in accordance with 

provided by the Administrative Conference of the Un

Recommendation 82-4, “Procedures for Negotiati

Regulations” (42 Fed. Reg. 30708, July 15, 1982).

(2) Designation of Convener.–Within 30 days of th

enactment of this Act, the Commission shall designate an 

individuals recommended by the Administrative Conf

United States to serve as a convener for such negotiation

(3) Submission Recommendations of The Convener.–

shall, not later than seven months after the date of the ena

Act, submit to the Commission recommendations for a 

regarding whether the Commission should enter in

agreements under section 170 of the Atomic Energy Ac

USC 2210) with radiopharmaceutical licensees and, if so

conditions of such indemnification. If the convener rec

such indemnity be provided for radiopharmaceutical 

proposed rule submitted by the convener shall set forth t

for the execution if indemnification agree

radiopharmaceutical licensees.

(4) Publication of Recommendations and Proposed 

convener recommends that such indemnity be 

radiopharmaceutical licensees, the Commission shal

recommendations of the convener submitted under para

notice of proposed rulemaking within 30 days of the subm

recommendations under such paragraph.

(5) Administrative Procedures.–To the extent consi

provisions of this Act, the Commission shall conduct t

42 USC 2210 

note.

Contracts.

Contracts.
Title II–United States Enrichment Corporati

Chapter 22–General Provisions392

Sec. 1201. Definitions 

For purposes of this title:

(1) The term “alternative technologies for uranium 

means technologies to enrich uranium by methods o

gaseous diffusion process.

(2) The term “AVLIS” means atomic vapor laser isot

technology.

(3) The term “Board” means the Board of Dir

Corporation established under section 1304.

(4) The term “Corporation” means the United State

Corporation.

(5) The term “corrective actions” has the meaning gi

by the Administrator of the Environmental Protection 

section 3004(u) of the Solid Waste Disposal Act (42 US

(6) The term “decontamination and decommissioning

activities, other than response actions or corrective action

to decontaminate and decommission inactive uranium 

facilities that have residual radioactive or mixed ra

hazardous chemical contamination, including depleted ta

(7) The term “Department” means the Department of 

(8) The term “highly enriched uranium” means uran

to 20 percent or more of the uranium-235 isotope.

(9) The term “low-enriched uranium” means uraniu

less than 20 percent of the uranium-235 isotope.

(10) The term “releases” has the meaning given the 

in section 101(22) of the Comprehensive Environme

Compensation, and Liability Act of 1980 (42 USC 9601

(11) The term “remedial action” has the meaning gi

in section 101(24) of the Comprehensive Environmen

Compensation, and Liability Act of 1980 (42 USC 9601

(12) the term “response actions” has the meaning g

“response” in section 101(25) of the Comprehensive E

Response, Compensation, and Liability Act of 19

9601(25)).

(13) The term “Secretary” means the Secretary of En

(14) The term “uranium enrichment” means the 

uranium of a given isotopic content into 2 component

––––––––

391 Amended by P.L. 100–408, § 19, 102 Stat. 1066 (1988), to provide fo

rulemaking, which is not part of the Atomic Energy Act. 392 Chapter 22 added by P.L. 102–486, § 901, 106 Stat. 2924 (1992). Sec

repealed on privatization date. P.L. 104–134, Title III, Chapter 1, Sub

§ 3116(a), 110 Stat. 1321–349 (1996), provides: “Chapters 22 throug

Atomic Energy Act of 1954 (42 U.S.C. 2297–2297e–7) are repealed 

privatization date.” [The “privatization date” is defined at 42 U.S.C. s

as the date on which 100 percent of the ownership of the United State

Corporation has been transferred to private investors.]

42 USC 2297.
p

The Corporation is created for the following purposes:

(1) To operate as a business enterprise on a profitabl

basis.

(2) To maximize the long-term value of the Corp

Treasury of the United States.

(3) To lease Department uranium enrichment faciliti

(4) To acquire uranium for uranium enrichment, 

uranium for resale, and highly enriched uranium for co

low-enriched uranium, as needed.

(5) To market and sell its enriched uranium 

enrichment and related services to–

(A) the Department for governmental purposes; a

(B) domestic and foreign persons, as provid

1303(6).

(6) To conduct research and development as req

business objectives for the purposes of identifying

improving, and testing alternative technologies 

enrichment.

(7) To conduct the business as a self-financing co

eliminate the need for Federal Government appropriatio

of Federal financing other than those provided in this titl

(8) To help maintain a reliable and economical dome

uranium enrichment services.

(9) To comply with laws, and regulations promulgat

to protect the public health, safety, and the environment.

(10) To continue at all times to meet the objectives o

Nation’s common defense and security, including abid

States laws and policies concerning special nuclear 

nonproliferation of atomic weapons and other nonpea

atomic energy.

(11) To take all other lawful actions in furthera

purposes.

Chapter 23–Establishment, Powers, and Organiza

Corporation (Repealed)394

––––––––

393 Severability provisions for Title IX of P.L. 102–486, § 904, 106 Stat. 

provide the following:

If any provision of this title [42 U.S.C. sections 2297 et seq., generally, 

classification, consult U.S.C. Tables volumes], or the amendments 

title [42 U.S.C. sections 2297 et seq., generally, for full classificati

U.S.C. 

Tables volumes], or the application of any provision to any entity, perso

 circumstance, is for any reason adjudged by a court of competent j

 invalid, the remainder of this title, and the amendments made by th

42 U.S.C. sections 2297 et seq., generally, for full classification, c

 Tables volumes], or its application shall not be affected.

P.L. 104–134, Title III, Chapter 1, subchapter A, § 3116(e), 110 Stat. 13

provides: “Following the privatization date, all references in the A

Act of 1954 [42 U.S.C. sections 2011 et seq.] to the United States 

Corporation shall be deemed to be references to the private corpor

394 Section 1301 to 1316 repealed by P.L. 104–134, Title III, § 3116(a)(1

110 Stat. 1321–349 (1996). (USEC’s privatization was completed Ju

provides: “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.” 
p

(b) GOVERNMENT CORPORATION.–The Corpora

established as a wholly owned Government corporation sub

91 of title 31, United States Code (commonly referr

Government Corporation Control Act), except as otherwis

this title.

(c) FEDERAL AGENCY.–The Corporation shall be a

instrumentality of the United States.

Sec. 1302. Corporate Offices

The Corporation shall maintain an office for the service 

papers in the District of Columbia, and shall be deemed, fo

venue in civil actions, to be a resident thereof. The Cor

establish offices in such other place or places as it may deem 

appropriate in the conduct of its business.

Sec. 1303. Powers of the Corporation

In order to accomplish its purposes, the Corporation–

(1) shall, except as provided in this title or applicabl

have all the powers of a private corporation incorpora

District of Columbia Business Corporation Act;

(2) shall have the priority of the United States with 

payment of debts out of bankrupt, insolvent, and decede

(3) may obtain from the Administrator of Genera

services the Administrator is authorized to provide ag

United States, on the same basis as those services are pro

agencies of the United States;

(4) shall enrich uranium, provide for uranium to b

others, or acquire enriched uranium (including low-enri

derived from highly enriched uranium provided under se

(5) may conduct, or provide for conducting, those 

development activities related to uranium enrichmen

processes and activities the Corporation considers 

advisable to maintain the Corporation as a commerc

operating on a profitable and efficient basis;

(6) may enter into transactions regarding urani

uranium, or depleted uranium with–

(A) persons licensed under section 53, 63, 10

accordance with the licenses held by those persons;

(B) persons in accordance with, and within the 

agreement for cooperation arranged under section 12

(C) persons otherwise authorized by law to en

transactions;

(7) may enter into contracts with persons licensed und

63, 103, or 104, for as long as the Corporation consider

desirable, to provide uranium or uranium enrichmen

services;

(8) may enter into contracts to provide uranium 

enrichment and related services in accordance with, a

period of, an agreement for cooperation arranged under 

as otherwise authorized by law; and

–––––––– “privatization date” is defined at 42 U.S.C. section 2297h(9) as the da

100 percent of the ownership of the United States Enrichment Corpor

transferred to private investors.] 395 Added by P.L. 102–486, 106 Stat. 2925.

42 USC 2297b-1.

42 USC 2297b-2.
p

for it to–

(A) carry out Presidential directions and author

section 91; and

(B) conduct other Department programs.

Sec. 1304. Board of Directors

(a) IN GENERAL.–The powers of the Corporation are 

Board of Directors.

(b) APPOINTMENT.–The Board of Directors shall c

individuals, to be appointed by the President by and with t

consent of the Senate. The President shall designate a Ch

Board from among members of the Board.

(c) QUALIFICATIONS.–Members of the Board shall be 

United States. No member of the Board shall be an em

Corporation or have any direct financial relationship with th

other than that of being a member of the Board.

(d) TERMS.–

(1) IN GENERAL.–Except as provided in paragraph 

of the Board shall serve five-year terms or until the elec

Board of Directors under section 1704, whichever come

(2) INITIAL MEMBERS.–of the members first ap

Board–

(A) 1 shall be appointed for a 1-year term;

(B) 1 shall be appointed for a 2-year term;

(C) 1 shall be appointed for a 3-year term; and

(D) 1 shall be appointed for a 4-year term.

(3) REAPPOINTMENT.–Members of the Bo

reappointed by the President, by and with the advice and 

Senate.

(e) VACANCIES.–Upon the occurrence of a vacancy on 

President by and with the advice and consent of the Senate 

an individual to fill such vacancy for the remainder of the ap

(f) MEETINGS AND QUORUM.–The Board shall me

pursuant to the call of the Chairman and as provided by the 

Corporation, but not less than quarterly. Three voting me

Board shall constitute a quorum. A majority of the Board s

from time to time may amend bylaws for the operation of th

(g) POWERS.–The Board shall be responsible for genera

of the Corporation and shall have the same authority, p

responsibilities as the board of directors of a privat

incorporated under the District of Columbia Business Corpo

(h) COMPENSATION.–Members of the Board shall se

time basis and shall receive per diem, when engaged 

performance of Corporation duties, plus reimbursemen

subsistence, and other necessary expenses incurred in the p

their duties.

(i) MEMBERSHIP OF SECRETARY OF TRE

President may appoint the Secretary of the Treasury or h

serve as a member of the Board or as a nonvoting, ex offic

the Board.

(j) CONFLICT OF INTEREST REQUIREMENTS.

officer, or other management level employee of the Corpora

a financial interest in any customer, contractor, or com

42 USC 2297b-3.
pyp

(a) APPOINTMENT.–The Board shall appoint such 

employees as are necessary for the transaction of its busines

(b) COMPENSATION, DUTIES, AND REMOVAL

shall, without regard to section 5301 of title 6, United States 

compensation of all officers and employees of the Corporatio

duties, and provide a system of organization to fix resp

promote efficiency. Any officer or employee of the Corpo

removed in the discretion of the Board.

(c) APPLICABLE CRITERIA.–The Board shall en

personnel function and organization is consistent with the 

section 2301(b) of title 5, United States Code, relating to 

principles. Officers and employees shall be appointed, p

assigned on the basis of merit and fitness, and other personne

be consistent with the principles of fairness and due proce

regard to those provisions of title 5 of the United States Co

appointments and other personnel actions in the competitive 

(d) TREATMENT OF PERSONS EMPLOYED 

TRANSITION DATE.–Compensation, benefits, and oth

conditions of employment in effect immediately prior to the t

whether provided by statute or by rules of the Department or 

branch, shall continue to apply to officers and employees w

the Corporation from other Federal employment until ch

Board.

(e) PROTECTION OF EXISTING EMPLOYEES.–

(1) IN GENERAL.–It is the purpose of this subsec

that the establishment of the Corporation pursuant to thi

not result in any adverse effects on the employment rig

benefits of employees at facilities that are operated, dir

contract, in the performance of the functions vested in th

(2) APPLICABILITY OF EXISTING C

BARGAINING AGREEMENT.–Any employer (i

Corporation) at a facility described in paragraph (1) sha

terms of a collective bargaining agreement in effect on A

at each individual facility until–

(A) the earlier of the date on which a new bargain

is signed; or

(B) the end of the 2-year period beginning on t

enactment of this title.

(3) APPLICABILITY OF NLRA.–Except as specifi

in this subsection, the Corporation is subject to the pro

National Labor Relations Act (29 USC 151 et seq.).

(4) BENEFITS OF TRANSFEREES AND DETAI

request of the Board and subject to the approval of the 

employee of the Department may be transferred or detail

for in section 1315, to the Corporation without any lo

benefits or standing within the Civil Service Syste

employees who accept transfer to the Corporation, it 

option as to whether to have any accrued retirement benef

to a retirement system established by the Corporation or 

coverage under either the Civil Service Retirement S

Federal Employees’ Retirement System, as applicab

coverage by the Corporation’s retirement system. For tho

electing to remain with one of the Federal retirement 
py, p

position of like grade, compensation, and proximity to 

duty station after their services are no longer req

Corporation.

Sec. 1306. Audits

(a) INDEPENDENT AUDITS.–

(1) IN GENERAL.–The financial statements of th

shall be prepared in accordance with generally accept

principles and shall be audited annually by an indepen

public accountant in accordance with auditing standards 

Comptroller General. Such auditing standards shall be c

the private sector’s generally accepted auditing standard

(2) REVIEW BY GAO.–The Comptroller General m

audit of the Corporation’s financial statements con

paragraph (1). The Comptroller General shall report to 

and the Corporation the results of any such review and s

such report appropriate recommendations.

(b) GAO AUDITS.–

(1) IN GENERAL.–The Comptroller General m

financial statements of the Corporation for any year i

provided in subsection (a)(1).

(2) REIMBURSEMENT BY CORPORATION.–Th

shall reimburse the Comptroller General for the full cos

conducted under this subsection, as determined by th

General.

(c) AVAILABILITY OF BOOKS AND RECORDS

accounts, financial records, reports, files, papers, and o

belonging to or in use by the Corporation and its au

Comptroller General considers necessary to the performanc

or review under this section shall be made available to th

General, subject to section 1314.

(d) TREATMENT OF GAO AUDITS.–Activities the 

General conducts under this section shall be in lieu of any 

the financial transactions of the Corporation the Comptrol

required to make under chapter 91 of title 31, United States 

law.

Sec. 1307. Annual Reports

(a) IN GENERAL.–The Corporation shall prepare a

annual report of its activities to the President and the Congre

shall contain–

(1) a general description of the Corporation’s operati

(2) a summary of the Corporation’s operating 

performance, including an explanation of the decision to 

dividends;

(3) copies of audit reports prepared under section 13

(4) the information required under regulations issued 

13 of the Securities Exchange Act of 1934 (15 USC 78m

(5) an identification and assessment of any impairme

ability of the Corporation to comply with this title.

(b) DEADLINE.–The report shall be completed not later 

following the close of each of the Corporation’s fiscal y

accurately reflect the financial position of the Corporation 

end.

42 USC 2297b-5.

42 USC 2297b-6.
United States a revolving fund, to be known as the “

Enrichment Corporation Fund”, which shall be avai

Corporation, without need for further appropriation and with

limitation, for carrying out its purposes, functions, and powe

shall not be subject to apportionment under subchapter II of 

title 31, United States Code.

(b) TRANSFER OF UNEXPENDED BALANCES.–O

date, the Secretary shall, without need of further appropriati

the Corporation the unexpended balance of appropriatio

monies available to the Department (inclusive of funds 

accounts payable), and accounts receivable which are relate

and activities acquired by the Corporation from the Depart

to this title, including all advance payments.

Sec. 1309. Obligations

(a) ISSUANCE.–

(1) IN GENERAL.–The Corporation may issue an

notes, and other evidences of indebtedness (collectively 

this title as “bonds”), except that the Corporation may n

bonds for the purpose of constructing new uranium 

facilities or conducting directly related preconstruct

Borrowing under this paragraph during any fiscal year 

October 1, 1996, shall be subject to approval in appropri

(2) USE OF REVENUES.–The Corporation may pled

revenues for payment of the principal of and interest on 

their purchase or redemption, and for other purposes inci

functions, including creation of reserve funds and other f

be similarly pledged and used.

(3) AGREEMENTS WITH HOLDERS AND TRU

Corporation may enter into binding covenants with th

trustees of its bonds with respect to

(A) the establishment of reserve and other funds;

(B) stipulations concerning the subsequent issua

and

(C) other matters not inconsistent with this 

Corporation determines necessary or desirable to 

marketability of the bonds.

(b) NOT OBLIGATIONS OF UNITED STATES.–Bond

Corporation under this section shall not be obligations of, or 

to principal or interest by, the United States, and the bonds s

state.

(c) TERMS AND CONDITIONS.–

(1) NEGOTIABLE; MATURITY.–Bonds issu

Corporation under this section shall be negotiable instr

otherwise specified in the bond and shall mature not more 

after their date of issuance.

(2) ROLE OF SECRETARY OF THE TREASURY.

(A) RIGHT OF DISAPPROVAL.–The Corporati

terms and conditions of bonds issued under this sect

disapproval of such terms and conditions by the Se

Treasury within 5 days after the Secretary of the Treas

of the following terms and conditions of the bonds:

(i) Their forms and denominations.

(ii) The times, amounts, and prices at which t

42 USC 2297b-8.
py

(v) The priority of their claims on the Cor

revenues with respect to principal and interest pa

(vi) Any other terms and conditions.

(B) INAPPLICABILITY OF RIGHT TO 

TERMS.–Section 9108(a) of title 31, United States C

apply to the Corporation.

(d) INAPPLICABILITY OF SECURITIES REQUIREM

Corporation shall be considered an executive department 

States for purposes of section 3(c) of the Securities Exchang

(15 USC 78c(c)).

(e) INAPPLICABILITY OF FEE.–The Corporation sha

sell any bonds to the Federal Financing Bank.

Sec. 1310. Exemption from Taxation and Payments in L

(a) EXEMPTION FROM TAXATION.–In order to re

assistance to those States and localities in which the fa

Corporation are located, the Corporation shall, beginning 

1998, make payments to State and local governments as pr

section. These payments shall be in lieu of any and all State a

on the real and personal property of the Corporation. All p

Corporation is expressly exempted from taxation in any m

by any State, county, or other local government entity in

county, or other local government sales tax.

(b) PAYMENTS IN LIEU OF TAXES.–Beginning in fis

the Corporation shall make annual payments, in amounts d

the Corporation to be fair and reasonable, to the Sta

governmental agencies having tax jurisdiction in any area w

of the Corporation are located. In making these determ

Corporation shall be guided by the following criteria:

(1) The Corporation shall take into account the 

practices prevailing in the area with respect to appraisa

and classification of industrial property and any special 

extended to large-scale industrial operations.

(2) The payment made to any taxing authority for an

not be less than the payments that would have been mad

authority for the same period by the Department and 

contractors on behalf of the Department with respect to 

has been transferred to the Corporation under section 

would have been attributable to the ownership, managem

and maintenance of the Department’s uranium enrichm

applying the laws and policies prevailing immediately 

transition date.

(c) TIME OF PAYMENTS.–Payments shall be m

Corporation at the time when payments of taxes by taxp

taxing authority are due and payable.

(d) DETERMINATION OF AMOUNT DUE.–The det

the Corporation of the amounts due under this section sha

conclusive.

Sec. 1311. Cooperation with Other Agencies

The Corporation may request to use on a reimbursa

available services, equipment, personnel, and facilities of a

United States, and on a similar basis may cooperate with su

the establishment and use of services, equipment, and fa

Corporation. Further, the Corporation may confer with and 

42 USC 2297b-9.

42 USC 2297b-10.
ppy 

(a) ANTITRUST LAWS.–The Corporation shall conduc

in a manner consistent with the policies expressed in the follo

laws:

(1) The Sherman Act (15 USC 1-7).

(2) The Clayton Act (15 USC 12-27).

(3) Sections 73 and 74 of the Wilson Tariff Act (15 U

(b) ENVIRONMENTAL LAWS.–The Corporation shall 

and comply with, all Federal and State, interstate, and local 

laws and requirements, both substantive and procedural, 

manner, and to the same extent, as any person who is subjec

and requirements. For purposes of enforcing any such law 

or procedural requirements (including any injunctive relief, 

order, or civil or administrative penalty or fine) against the 

the United States expressly waives any immunity otherwise 

the Corporation. For the purposes of this subsection, the 

means an individual, trust, firm, joint stock company

partnership, association, State, municipality, or political su

State.

(c) OSHA REQUIREMENTS.–Notwithstanding section

and 19 of the Occupational Safety and Health Act of 1970 (2

653(b) (1), and 668)), the Corporation shall be subject to, and 

such Act and all regulations and standards promulgated the

same manner, and to the same extent, as an employer is s

Act. For the purposes of enforcing such Act (including a

relief, administrative order, or civil, administrative, or crimi

fine) against the Corporation, the United States expressl

immunity otherwise applicable to the Corporation.

(d) LABOR STANDARDS.–The Act of March 3, 1931 

Davis-Bacon Act) (40 USC 276a et seq.) and the Service C

1965 (41 USC 351 et seq.) shall apply to the Corporation. A

mechanics employed on the construction, alteration, or rep

funded, in whole or in part, by the Corporation shall be paid 

not less than those prevailing on projects of a similar ch

locality as determined by the Secretary of Labor in accorda

Act of March 3, 1931. The Secretary of Labor shall have, w

the labor standards specified in this subsection, the authority 

set forth in Reorganization Plan Numbered 14 of 1950 (15 

Stat. 1267) and the Act of June 13, 1934 (40 USC 276c).

(e) ENERGY REORGANIZATION ACT REQUIREM

Corporation is subject to the provisions of section 210 o

Reorganization Act of 1974 (42 USC 5850) to the same 

employer subject to such section, and, with respect to the op

facilities leased by the Corporation, section 206 of 

Reorganization Act of 1974 (42 USC 5846) shall apply to the 

officers of the Corporation.

(f) EXEMPTION FROM FEDERAL 

REQUIREMENTS.–The Corporation shall not be subject 

Property and Administrative Services Act of 1949 (41 USC 

Sec. 1313. Security

Any references to the term “Commission” or to the D

sections 161k., 221a., and 230 shall be considered to 

Corporation.

USC 97b.

42 USC 2297b-12.
py p

information to the same extent as a privately owned corpora

(b) OTHER APPLICABLE LAWS.–Section 552(d) of 

States Code, shall apply to the Corporation, and such inform

subject to the applicable provisions of law protecting the con

trade secrets and business and financial information, incl

1905 of title 18, United States Code.

Sec. 1315. Transition

(a) TRANSITION MANAGER.–Within 30 days after t

enactment of this title, the President shall appoint a Transi

who shall serve at the pleasure of the President until a quorum 

has been appointed and confirmed in accordance with sectio

(b) POWERS.–

(1) IN GENERAL.–Until a quorum of the Board has 

Transition Manager shall exercise the powers and dutie

and shall be responsible for taking all actions needed 

transfer of the uranium enrichment enterprise from the S

Corporation on the transition date.

(2) CONTINUATION UNTIL BOARD HAS QUO

event that a quorum of the Board has not qualified by 

date, the Transition Manager shall continue to exercise t

duties of the Board until a quorum has qualified.

(c) RATIFICATION OF TRANSITION MANAGER’S 

All actions taken by the Transition Manager before the qua

quorum of the Board shall be subject to ratification by the B

(d) RESPONSIBILITIES OF SECRETARY.–Before 

date, the Secretary shall–

(1) continue to be responsible for the management an

the uranium enrichment plants;

(2) provide funds, to the extent provided in appropri

the Transition Manager to pay salaries and expenses;

(3) delegate Department employees to assist t

Manager in meeting his responsibilities under this sectio

(4) assist and cooperate with the Transition Manage

for the transfer of the uranium enrichment enterprise to th

on the transition date.

(e) TRANSITION DATE.–The transition date shall be J

(f) DETAIL OF PERSONNEL.–For the purpose of 

operations, maintenance, and authority, the Department shal

to 18 months after the date of the enactment of this titl

Department personnel as may be required in an acting capac

time as a Board is confirmed and top officers of the Corpora

The Corporation shall reimburse the Department and its cont

detail of such personnel.

Sec. 1316. Working Capital Account

There shall be established within the Corporation a Wo

Account in which the Corporation may retain all revenue 

legitimate business expenses, or investments, related to ca

purposes.

42 USC 2297b-14.

President.

42 USC 2297b-15.
g g y

(a)397 EXCLUSIVE MARKETING AGENT.–The Cor

act as the exclusive marketing agent on behalf of the 

Government for entering into contracts for providing enri

(including low-enriched uranium derived from highly enric

and uranium enrichment and related services. The Depart

market enriched uranium (including low-enriched uranium 

highly enriched uranium), or uranium enrichment and rel

after the transition date.

(b) TRANSFER OF CONTRACTS.

(1) IN GENERAL.–Except as provided in parag

contracts, agreements, and leases with the Department

uranium enrichment contracts and power purchase contr

been executed by the Department before the transition 

relate to uranium enrichment and related services shall 

Corporation.

(2) EXCEPTIONS.

(A) TVA SETTLEMENT.–The rights and resp

the Department under the settlement agreement with 

Valley Authority, filed on December 18, 1987, wi

States Court of Federal Claims,398 shall not tr

Corporation.

(B) NONTRANSFERABLE POWER CONTR

Secretary determines that a power purchase contrac

the Department prior to the transition date cannot 

under its terms, the Secretary may continue to receiv

the contract and resell such power to the Corporation 

(C) NONPOWER APPLICATIONS.–Contracts 

uranium and uranium services in existence as of th

enactment of this title for research and developm

nonpower applications shall remain with the Depar

request of the Department, the Corporation, in consul

Department, may enter into such contracts it dete

appropriate.

Sec. 1402. Pricing

(a) SERVICES PROVIDED TO COMMERCIAL CU

The Corporation shall establish prices for its products, m

services provided to customers other than the Department o

will allow it to attain the normal business objectives of a 

corporation.

(b) SERVICES PROVIDED TO DOE.–The Corporatio

prices to the Department for uranium enrichment services p

section 1303(9) on a basis that will allow it to recover its cos

basis, for providing products, materials, and services, and 

reasonable profit.

––––––––

396 Section 1401 to 1408 repealed by P.L. 104–134, Title III, Chapter 1, 

section 3116(a), 110 Stat. 1321–349 (1996), provides the following: “

through 26 of the Atomic Energy Act of 1954 (42 U.S.C. 2297–2297

as of the privatization date.” [The “privatization date” is defined at 42 

section 2297h(9) as the date on which 100 percent of the ownership o

States Enrichment Corporation has been transferred to private investo

397 Added by P.L. 102–486, 106 Stat. 2934. 398 Amended by P.L. 102–572, Title IX, section 902(b)(1), 106 Stat. 451

42 USC 2297c-1.
, y, 

Plant in Piketon, Ohio, and related property of the Departmen

of 6 years from the transition date. Thereafter, the Corporat

the exclusive option to lease such facilities and related 

additional periods.

(b) TERMS OF LEASE.–The Corporation and the Dep

set mutually agreeable terms for a lease under subsection 

specifying annual payments to the Department by the Cor

made. The amount of annual payments shall be equal to the 

by the Department in administering the lease and providing s

to the lease to the Corporation (excluding depreciation and im

on original plant investments in the Department’s gaseous d

and costs under subsection (d)).

(c) EXCLUSION OF FACILITIES FOR PRODU

HIGHLY ENRICHED URANIUM.–Subsection (a) shall 

Department facilities necessary for the production of hi

uranium. The Secretary may grant to the Corporation a

facilities for purposes other than the production of hig

uranium.

(d) DOE RESPONSIBILITY FOR PREEXISTING CO

The payment of any costs of decontamination and deco

response actions, or corrective actions with respect to cond

before the transition date, in connection with property of th

leased under subsection (a), shall remain the sole respon

Department.

(e) ENVIRONMENTAL AUDIT.–The Secretary, in con

the Administrator of the Environmental Protection Agency, 

a comprehensive environmental audit identifying 

conditions that will remain the responsibility of the Depart

to subsection (d) after the transition date. Such audit shall be 

later than the transition date.

(f) TREATMENT UNDER PRICE-ANDERSON PRO

Any lease executed between the Secretary and the Corporat

section shall be deemed to be a contract for purposes of sect

(g) WAIVER OF EIS REQUIREMENT.–The execution 

the Corporation and the Department shall not be consid

Federal action significantly affecting the quality of the huma

for purposes of section 102 of the National Environmental 

1969 (42 USC 4332).

Sec. 1404. Capital Structure of Corporation

(a) CAPITAL STOCK.–

(1) ISSUANCE TO SECRETARY OF THE TREA

Corporation shall issue capital stock representing an equ

equal to the greater of–

(A) $3,000,000,000; or

(B) the book value of assets transferred to the C

reported in the Uranium Enrichment Annual Report 

1991, modified to reflect continued depreciation an

changes that occur up to the transfer date.

The Secretary of the Treasury shall hold such stock f

States, except that all rights and duties pertaining to mana

Corporation shall remain vested in the Board.

(2) RESTRICTION ON TRANSFERS OF STOCK 

STATES.–The capital stock of the Corporation shall 

42 USC 2297c-3.
() y 

annually assess the value of the stock held by the Se

paragraph (1) and submit to the Congress a report sett

value. The annual assessment of the Secretary shall be sub

by an independent auditor.

(b) PAYMENT OF DIVIDENDS.–The Corporation s

miscellaneous receipts of the Treasury of the United States 

fund as is provided by law, dividends on the capital stock, o

of the Corporation, as a return on the investment represented 

Until privatization occurs under section 1502, the Corporatio

dividends to the Treasury of the United States all net reven

at the end of each fiscal year not required for operating ex

deposit into the Working Capital Account established in sec

(c) PROHIBITION ON ADDITIONAL FEDERAL AS

Except as otherwise specifically provided in this title, the Co

receive no appropriations, loans, or other financial assista

Federal Government.

(d) SOLE RECOVERY OF UNRECOVERED COST

the United States of the proceeds from the sale of stock 

Corporation under subsection (a)(1), and the dividend

subsection (b), shall constitute the sole recovery by the Un

previously unrecovered costs (including depreciation and im

on original plant investments in the Department’s gaseous di

that have been incurred by the United States for uraniu

activities prior to the transition date.

Sec. 1405. Patents and Inventions

The Corporation may at any time apply to the Departme

license for the use of an invention or discovery useful in the 

utilization of special nuclear material or atomic energy cover

when the patent has not been declared to be affected with the 

under section 153a. and when use of the patent is within the 

authority. An application shall constitute an application 

153c. subject to section 153c., d., e., f., g., and h.

Sec. 1406. Liabilities

(a) LIABILITIES BASED ON OPERATION

TRANSITION.–Except as otherwise provided in this title

attributable to operation of the uranium enrichment enterpr

transition date shall remain direct liabilities of the Departme

(b) JUDGMENTS BASED ON OPERATION

TRANSITION.– Any judgment entered against the Corpora

liability arising out of the operation of the uranium enrichm

before the transition date shall be considered a judgment ag

be payable solely by the Department.

(c) REPRESENTATION.–With regard to any claim seek

liability under subsection (a) or (b), the United States shall b

by the Department of Justice.

(d) JUDGMENTS BASED ON OPERATION

TRANSITION.–Any judgment entered against the Corpo

from operations of the Corporation on or after the transition 

payable solely by the Corporation from its own funds. Th

shall not be considered a Federal agency for purposes of c

title 28, United States Code.

42 USC 2297c-4.

42 USC 2297c-5.
p

fulfillment of contracts transferred under section 1401(b).

Sec. 1408. Purchase of Highly Enriched Uranium from F

Soviet Union

(a) IN GENERAL.–The Corporation is authorized to 

purchase of all highly enriched uranium made available by a

former Soviet Union under a government-to-government 

shall assume the obligations of the Department under an

agreement that has been reached with any such State or any 

before the transition date. The Corporation may only purchas

so long as the quality of the material can be made suita

commercial reactors.

(b) ASSESSMENT OF POTENTIAL USE.–The Cor

prepare an assessment of the potential use of highly enrich

the business operations of the Corporation.

(c) PLAN FOR BLENDING AND CONVERSION.–In 

the agreement under subsection (a) provides for the Corporat

for the blending and conversion the assessment shall inclu

such blending and conversion. The plan shall determine 

approach to providing blending and conversion services, co

environmental, safety, security, and nonproliferation requ

plan shall include a competitive process that the Corporatio

selecting a provider of such services, including the public 

proposals from the private sector to allow a determination of 

approach.

(d) MINIMIZATION OF IMPACT ON DOMESTIC IN

The Corporation shall seek to minimize the impact on dome

(including uranium mining) of the sale of low-enriched ura

from highly enriched uranium.

Chapter 25–Privatization of the Corporation

Sec. 1501. Strategic Plan for Privatization

(a) IN GENERAL.–Within 2 years after the transit

Corporation shall prepare a strategic plan for transferring ow

Corporation to private investors. The Corporation shall rev

needed.

(b) CONSIDERATION OF ALTERNATIVE M

TRANSFERRING OWNERSHIP.–The plan shall include co

alternative means for transferring ownership of the Corpora

investors, including public stock offering, private placement

acquisition. The plan may call for the phased transfer of ow

complete transfer at a single point of time. If the plan ca

transfer of ownership, then–

(1) privatization shall be deemed to occur when 1

ownership has been transferred to private investors;

(2) prior to privatization, such stock shall be nonvoti

––––––––

399 Added by P.L. 102–486, 106 Stat. 2937 (1992). Sections 1501 and 15

by P.L. 104–134, Title III, § 3116(a)(1), 110 Stat. 1321–349 (1996). 

following: “Chapters 22 through 26 of the Atomic Energy Act of 195

(42 U.S.C. 2297-2297e–7) are repealed as of the privatization date.” 

“privatization date” is defined at 42 U.S.C. 2297h(9) as the date on w

of the ownership of the United States Enrichment Corporation has be

private investors.]

42 USC 2297c-7.

42 USC 2297d.
() 

evaluate the relative merits of the alternatives considered and 

return on the Government’s investment in the Corporati

through each alternative. The plan shall include the 

recommendation on its preferred means of privatization.

(d) TRANSMITTAL.–The Corporation shall transmit 

strategic plan for privatization to the President and C

completion.

Sec. 1502. Privatization

(a) IMPLEMENTATION.–Subsequent to transmittin

privatization pursuant to section 1501, and subject to subse

(c), the Corporation may implement the privatization 

Corporation determines, in consultation with appropriate a

United States, that privatization will–

(1) result in a return to the United States at least eq

present value of the Corporation;

(2) not result in the Corporation being owned, 

dominated by an alien, a foreign corporation, or a foreign 

(3) not be inimical to the health and safety of the 

common defense and security; and

(4) provide reasonable assurance that adequate enrich

will remain available to meet the domestic electric utility 

(b) REQUIREMENT OF PRESIDENTIAL APP

Corporation may not implement the privatization plan withou

of the President.

(c) NOTIFICATION OF CONGRESS AND GAO EVA

The Corporation shall notify the Congress of its intent to i

privatization plan. Within 30 days of notification, the Compt

shall submit a report to Congress evaluating the extent to wh

(1) the privatization plan would result in any ongoing 

undue cost to the Federal Government; and

(2) the revenues gained by the Federal Governm

privatization plan would represent at least the net presen

Corporation.

(d) PERIOD FOR CONGRESSIONAL REVIEW.–Th

may not implement the privatization plan less than 6

notification of the Congress.

(e) DEPOSIT OF PROCEEDS.–Proceeds from the sale o

of the Corporation under this section shall be deposited in th

of the Treasury.

Chapter 26–AVLIS and Alternative Technologies for 

Enrichment

Sec. 1601. Assessment by United States Enrichment Cor

(a) IN GENERAL.–The Corporation shall prepare an ass

economic viability of proceeding with the commercializat

––––––––

400 Added by P.L. 102–486, 106 Stat. 2939 (1992). Sections 1601 and 16

by P.L. 104–134, Title III, Chapter 1, Subchapter A, § 3116(a), 110 S

(1996), provides: “Chapters 22 through 26 of the Atomic Energy Act 

U.S.C. 2297–2297e–7) are repealed as of the privatization date.” [Th

date” is defined at 42 U.S.C. 2297h(9) as the date on which 100 perce

42 USC 2297d-1.

42 USC 2297e.
() g

strategy;

(2) an analysis of the economic viability of competin

technologies;

(3) an identification of predeployment and capital req

the commercialization of AVLIS and alternative tec

uranium enrichment;

(4) an estimate of potential earnings from the licens

and alternative technologies for uranium enrichment 

government sponsored corporation;

(5) an analysis of outstanding and potential paten

claims with respect to AVLIS and alternative technologi

enrichment, and a plan for resolving such claims; and

(6) a contingency plan for providing enriched uraniu

services in the event that deployment of AVLIS an

technologies for uranium enrichment is determine

economically viable.

(b) DETERMINATION BY CORPORATION TO PRO

COMMERCIALIZATION OF AVLIS OR AL

TECHNOLOGIES FOR URANIUM ENRICHMENT.–Th

sections of this chapter shall apply only to the extent th

determines in its business judgment, on the basis of th

prepared under subsection (a), to proceed with the comme

AVLIS or alternative technologies for uranium enrichment.

Sec. 1602. Transfer of Rights and Property to United Sta

Enrichment Corporation

(a) EXCLUSIVE RIGHT TO COMMERCIALIZE.–Th

shall have the exclusive commercial right to deploy and us

patents, processes, and technical information owned or con

Government, upon completion of a royalty agreeme

Department.

(b) TRANSFER OF RELATED PROPERTY TO CORP

(1) IN GENERAL.–TO the extent requested by the Co

President shall transfer without charge to the Corporat

Department’s right, title, or interest in and to property 

Department, or by the United States but under control or 

Department, that is directly related to and materially 

performance of the Corporation’s purposes regarding 

alternative technologies for uranium enrichment, includi

(A) facilities, equipment, and materials 

development, and demonstration activities; and

(B) all other facilities, equipment, materials, proc

technical information of any kind, contracts, agr

leases.

(2) EXCEPTION.–Facilities, real estate, improv

equipment related to the gaseous diffusion, and gas centri

enrichment programs of the Department shall not t

paragraph (1)(B).

(3) EXPIRATION OF TRANSFER AUTH

President’s authority to transfer property under this su

expire upon privatization under section 1502.

–––––––– ownership of the United States Enrichment Corporation has been tran

investors.]

42 USC 2297e-1.
() (), p

payments made or awards under section 157b.(3), or any 

judgments involving claims for alleged patent infringemen

agreement under subsection (a) shall provide for a reduct

payments to the Department to offset any payments, award

or judgments under this subsection.

Sec. 1603. Predeployment Activities by United States En

Corporation

The Corporation may begin activities necessary to prep

alternative technologies for uranium enrichment for com

including–

(1) completion of preapplication activities with 

Regulatory Commission;

(2) preparation of a transition plan to move AVLIS 

technologies for uranium enrichment from the labo

marketplace;

(3) confirmation of technical performance;

(4) validation of economic projections;

(5) completion of feasibility and risk studies;

(6) initiation of preliminary plant design and enginee

(7) site selection, site characterization, and 

documentation activities on the basis of site eva

recommendations prepared for the Department by 

National Laboratory.

Sec. 1604. United States Enrichment Corporation Spons

Private For-Profit Corporation to Construct AVLIS and 

Technologies for Uranium Enrichment

(a) ESTABLISHMENT.–

(1) IN GENERAL.–If the Corporation determines to 

the commercialization of AVLIS or alternative tec

uranium enrichment under this chapter, the Corporation 

for the establishment of a private for-profit corporation

have as its initial purpose the construction of a uraniu

facility using AVLIS technology or alternative tec

uranium enrichment.

(2) PROCESS OF ORGANIZATION.–For purp

establishment of the private corporation under parag

Corporation shall appoint not less than 3 persons to be 

The incorporators so appointed shall each sign th

incorporation and shall serve as the initial board of dire

members of the 1st regular board of directors shall have b

and elected. Such incorporators shall take whateve

necessary or appropriate to establish the private corporat

the filing of articles of incorporation in such jurisd

incorporators determine to be appropriate. The incorpora

develop a plan for the issuance by the private corpora

common stock to the public, which plan shall be subject t

of the Secretary of the Treasury.

(b) LEGAL STATUS OF PRIVATE CORPORATION.–

(1) NOT FEDERAL AGENCY.–The private 

established under subsection (a) shall not be 

instrumentality, or establishment of the United States Go

shall not be a Government corporation or Governm

corporation.

42 USC 2297e-2.

42 USC 2297e-3.
g, gpp

Corporation or the United States, and the obligations sh

state.

(3) NO CLAIMS COURT JURISDICTION.–NO 

section 1491 of title 28, United States Code, shall be allo

the United States based on the actions of the privat

established under subsection (a).

(c) TRANSACTIONS BETWEEN UNITED 

ENRICHMENT CORPORATION AND PRIVATE CORPO

(1) GRANTS FROM USEC.–The Corporation may m

the private corporation established under subsection (a) 

available in the AVLIS Commercialization Fund. Such g

used by the private corporation to carry out an

predeployment activity assigned to the private corpo

Corporation. Such grants may not be used for the costs o

an AVLIS, or alternative technologies for uranium 

production facility or engaging in directly related p

activities (other than such assigned predeployment ac

aggregate amount of such grants shall not exceed $364,0

(2) LICENSING AGREEMENT.–The Corporation s

the private corporation established under subsection (

titles, and interests provided to the Corporation under sec

licensing agreement shall require the private corpora

periodic payments to the Corporation in an amount that i

the aggregate amounts paid by the Corporation durin

involved under subsections (a) and (c) of section 1602.

(3) PURCHASE AGREEMENT.–The Corporation m

a commitment to purchase all enriched uranium produced 

or alternative technologies for uranium enrichment, f

private corporation established under subsection (a

negotiated by the 2 corporations that–

(A) provides the private corporation with a reason

its investment; and

(B) is less costly than enriched uranium availab

sources.

(4) ADDITIONAL ASSISTANCE.–The Corporation 

to the private corporation established under subsect

reimbursable basis, such additional personnel, services, a

as the 2 corporations may determine to be appropriate.

Sec. 1605. AVLIS Commercialization Fund Within Unit

Enrichment Corporation

(a) ESTABLISHMENT.–The Corporation may establi

Corporation an AVLIS Commercialization Fund, which sh

not more than $364,000,000 paid into the Fund by the Cor

amounts provided in appropriation Acts for such purposes 

retained earnings of the Corporation.

(b) EXPENDITURES FROM FUND.–Amounts in 

Commercialization Fund shall be available for–

(1) expenses of the Corporation in preparing the ass

section 1601;

(2) expenses of predeployment activities under sectio

(3) grants to the private corporation under section 16

(c) LIMITATIONS.–

42 USC 2297e-4.
g, p

available in the AVLIS Commercialization Fund.

(2) UNAVAILABLE FOR CONSTRUCTION 

amount may be used from the AVLIS Commercializatio

costs of constructing an AVLIS, or alternative tec

uranium enrichment, production facility or engaging in d

preconstruction activities (other than activities specified 

(b)).

(d) AUTHORIZATION OF APPROPRIATIONS.–Ther

to be appropriated $364,000,000 from the Uranium Enrich

Fund for purposes of this section.

(e) COST REPORT.–On the basis of the assessment 

1601(a)(3), the Corporation shall submit to the Congress a 

capital requirements for commercialization of AVLIS.

Sec. 1606. Department Research and Development Assis

If requested by the Corporation, the Secretary shall 

reimbursable basis, research and development of AVLIS a

technologies for uranium enrichment.

Sec. 1607. Site Selection

This chapter shall not prejudice consideration of the site 

uranium enrichment facility as a candidate site for future 

replacement of uranium enrichment capacity through AVLIS 

technologies for uranium enrichment. Selection of a site for 

alternative technologies for uranium enrichment, facility sha

a competitive basis, taking into consideration economic 

environmental compatibility, and use of any existing uraniu

facilities.

Sec. 1608. Exclusion from Price-Anderson Coverage

Section 170 shall not apply to any license under section 

for a uranium enrichment facility constructed after the 

enactment of this title.

Chapter 27–Licensing and Regulation of Uranium En

Facilities

Sec. 1701. Gaseous Diffusion Facilities

(a)401 ISSUANCE OF STANDARDS.–Within 2 years af

the enactment of this title [enacted October 24, 1992]

Regulatory Commission shall establish by regulation such st

necessary to govern the gaseous diffusion uranium enrichme

the Department in order to protect the public health an

radiological hazard and provide for the common defense 

Regulations promulgated pursuant to this subsection shall

things, require that adequate safeguards (within the mean

147) are in place.

(b) ANNUAL REPORT.–

(1) IN GENERAL.–Not later than the date on which 

compliance is issued under subsection (c), the Nucle

Commission in consultation with the Departme

Environmental Protection Agency, shall report to the Co

––––––––

401 Added by P.L. 102–486, 106 Stat. 2951 (1992), as amended by P.L. 1

Title III, Chapter 1, Subchapter A, § 3116(b)(3), 110 Stat. 1321–349 

P.L. 105–362, Title II, § 1202, 112 Stat. 3292 (1998).

42 USC 2297e-5.

42 USC 2297e-6.

42 USC 2297e-7.

42 USC 2297f.
() Qp

determination regarding whether the gaseous diffu

enrichment facilities of the Department are in compli

standards established under subsection (a) and all applic

(c) CERTIFICATION PROCESS.–

(1) ESTABLISHMENT.–The Nuclear Regulatory 

shall establish a certification process to ensure that th

complies with standards established under subsection (a

(2) PERIODIC APPLICATION FOR CERTI

COMPLIANCE.–The Corporation shall apply to 

Regulatory Commission for a certificate of comp

paragraph (1) periodically, as determined by the Comm

less than every 5 years. The Commission shall revi

application and any determination made under subsectio

be based on the results of any such review.402

(3) TREATMENT OF CERTIFICATE OF COMPL

requirement for a certificate of compliance under parag

be in lieu of any requirement for a license for any gas

facility of the Department leased by the Corporation.

(4) NRC REVIEW.–

(A) IN GENERAL.–The Nuclear Regulatory Co

consultation with the Environmental Protection A

review the operations of the Corporation with re

gaseous diffusion uranium enrichment facilities of th

leased by the Corporation to ensure that public health 

adequately protected.

(B) ACCESS TO FACILITIES AND INFORM

Corporation and the Department shall cooperate f

Nuclear Regulatory Commission and the Environmen

Agency and shall provide the Nuclear Regulatory Co

the Environmental Protection Agency with the ready 

facilities, personnel, and information the Nuclea

Commission and the Environmental Protection Ag

necessary to carry out their responsibilities under this 

contractor operating a Corporation facility for the Cor

provide the Nuclear Regulatory Commissio

Environmental Protection Agency with ready a

facilities, personnel, and information of the cont

Nuclear Regulatory Commission and the Environmen

Agency consider necessary to carry out their respons

this subsection.

(C) LIMITATION.–The Nuclear Regulatory Com

limit its finding under subsection (b)(2) to a det

whether the facilities are in compliance with 

established under subsection (a).

(d) REQUIREMENT FOR OPERATION.–The gase

uranium enrichment facilities of the Department may not b

the Corporation unless the Nuclear Regulatory Com

consultation with the Environmental Protection Agen

determination of compliance under subsection (b) or app

––––––––

402 Amended by P.L. 104–134, Title III, Chapter 1, Subchapter A, § 311

110 Stat. 1321–349 (1996); P.L. 105–362, Title XII, § 1202, 112 Stat
g g

(a) IN GENERAL.–Corporation facilities using 

technologies for uranium enrichment, including than AV

licensed under sections 53, 63, and 193.403

(b) COSTS FOR DECONTAMINATIO

DECOMMISSIONING.–The Corporation shall provide fo

decontamination and decommissioning of any Corpora

described in subsection (a) in accordance with the requir

amendments made by section 5 of the Solar, Wind, Waste, an

Power Production Act of 1990.

Sec. 1703. Regulation of Restricted Data

The Corporation shall be subject to this Act with respec

or access to, Restricted Data to the same extent as any privat

Chapter 28–Decontamination and Decommissio

Sec. 1801. Uranium Enrichment Decontamination and

Decommissioning Fund

(a)404 ESTABLISHMENT.–There is established in the Tr

United States an account to be known as the Uranium 

Decontamination and Decommissioning Fund (referred to 

as the “Fund”). The Fund, and any amounts deposited in it, 

interest earned thereon, shall be available to the Secreta

appropriations for the exclusive purpose of carrying out this 

(b) ADMINISTRATION.–

(1) IN GENERAL.–The Secretary of the Treasury 

Fund and, after consultation with the Secretary, annuall

Congress on the financial condition and operations of th

the preceding fiscal year.

(2) INVESTMENTS.–The Secretary of the Treasur

amounts contained within the Fund in obligations of the 

(A) having maturities determined by the Sec

Treasury to be appropriate for what the Department 

be the needs of the Fund; and

(B) bearing interest at rates determined to be appr

Secretary of the Treasury, taking into consideratio

average market yield on outstanding marketable obl

United States with remaining periods to maturity c

these obligations.

Sec. 1802. Deposits

(a) AMOUNT.–The Fund shall consist of deposits in t

$518,233,333 per fiscal year (to be annually adjusted 

beginning on the date of the enactment of the Energy Polic

[October 24, 1992]405 using the Consumer Price Index 

consumers published by the Department of Labor) as pro

section.

(b) SOURCE.–Deposits described in subsection (a) sha

following sources:

(1) Sums collected pursuant to subsection (c).

––––––––

403 Amended by P.L. 104–134, Title III, Chapter 1, Subchapter A, § 311

110 Stat. 1321–349 (1996). 404 Added by P.L. 102–486, 106 Stat. 2953 (1992). 405 Amended by P.L. 105–388, 112 Stat. 3485 (1998).

42 USC 2297f-2.

42 USC 2297g.

42 USC 2297g-1.
year shall not exceed $160,000,000 (to be annually adjuste

using the Consumer Price Index for all-urban consumers pu

Department of Labor). The amount collected from each util

this subsection on for a fiscal year shall be in the same ratio 

required under subsection (a) to be deposited for such fisc

total amount of separative work units such utility has purch

Department of Energy for the purpose of commerc

generation, before the date of the enactment of this title, be

amount of separative work units purchased from the Departm

for all purposes (including units purchased or produced 

purposes) before the date of the enactment of this title. For p

subsection–

(1) a utility shall be considered to have purchased a se

unit from the Department if such separative work unit wa

the Department, but purchased by the utility from anothe

(2) a utility shall not be considered to have purchase

work unit from the Department if such separative w

purchased by the utility, but sold to another source.

(d) AUTHORIZATION OF APPROPRIATIONS

authorized to be appropriated to the Fund, for the period enc

years after the date of the enactment of this title, such sums as 

to ensure that the amount required under subsection (a) is 

each fiscal year.

(e) TERMINATION OF ASSESSMENTS.–The collecti

under subsection (c) shall cease after the earlier of–

(1) 16 years after the date of the enactment of this tit

(2) the collection of $2,260,000,000 (to be annuall

inflation using the Consumer Price Index for all-urb

published by the Department of Labor) under such subse

(f) CONTINUATION OF DEPOSITS.–Except as 

subsection (e), deposits shall continue to be made into th

subsection (d) for the period specified in such subsection.

(g) TREATMENT OF ASSESSMENT.–Any special asse

under this section on domestic utilities for the deconta

decommissioning of the Department’s gaseous diffusio

facilities shall be deemed a necessary and reasonable curre

and shall be fully recoverable in rates in all jurisdiction

manner as the utility’s other fuel cost.

Sec. 1803. Department Facilities

(a) STUDY BY NATIONAL ACADEMY OF SCI

National Academy of Sciences shall conduct a study 

recommendations for reducing costs associated with decont

decommissioning, and shall report its findings to the Cong

years after the date of the enactment of this title. Such repor

a determination of the decontamination and decommissionin

each facility shall identify alternative methods, us

technologies, shall include sit-specific surveys of the actual c

and shall provide estimated costs of those activities.

(b) PAYMENT OF DECONTAMINATIO

DECOMMISSIONING COSTS.–The costs of all deconta

decommissioning activities of the Department shall be paid 

until such time as the Secretary certifies and the Congress co

that such activities are complete.

42 USC 2297g-2.
p

sufficient. To the extent the amount in the Fund is in

Department shall be responsible for the cost of remedi

provision of this title may be construed to relieve in 

responsibility or liability of the Department for remedial 

applicable Federal and State laws and regulations.

Sec. 1804. Employee Provisions

All laborers and mechanics employed by contractors or s

in the performance of decontamination or decommissionin

enrichment facilities of the Department shall be paid wages a

than those prevailing on projects of a similar character in 

determined by the Secretary of Labor in accordance with the 

3, 1931 (known as the Davis-Bacon Act) (40 USC 276a 

Secretary of Labor shall have, with respect to the labor stand

in this section, the authority and functions set forth in Reorg

Numbered 14 of 1950 (15 FR 3176, 64 Stat. 1267) and the A

1934 (40 USC 276c). This section may not be construed 

contracting out of activities associated with the decon

decommissioning of uranium enrichment facilities.

Sec. 1805. Reports to Congress

Within 3 years after the date of the enactment of this titl

once every 3 years thereafter, the Secretary shall report to th

progress under this chapter. The 5th report submitted und

shall contain recommendations of the Secretary for the reau

the program and Fund under this title.

Title III–Rescissions and Offsets

Chapter 1–Energy and Water Development Uranium E

Capacity

Subchapter A–United States Enrichment Corporation P

Sec. 3101. Short Title

This subchapter may be cited as the “USEC Privatization 

Sec. 3102. Definitions

Except as provided in section 3112A. [42 USC 22

purposes of this subchapter:407

(1) The term “AVLIS” means atomic vapor laser isot

technology.

(2) The term “Corporation” means the United State

Corporation and, unless the context otherwise requires

private corporation and any successor thereto following 

(3) The term “gaseous diffusion plants” means 

Gaseous Diffusion Plant at Paducah, Kentucky and th

Gaseous Diffusion Plant at Piketon, Ohio.

(4) The term “highly enriched uranium” means uran

to 20 percent or more of the uranium-235 isotope.

––––––––

406 Sections 3102 through 3115 were enacted as part of the USEC Privat

P.L. 104–134, Title III, Chapter 1, Subchapter A, 110 Stat. 1321–335 

as part of the Atomic Energy Act of 1954, which generally comprises 

407 Amended by P.L. 110–329, 122 Stat. 3647 (2008).

42 USC 2297g-3.

42 USC 2297g-4.

42 USC 2011 

note.

42 USC 2297h.
gy 

(6) The term “low-level radioactive waste” has the m

such term in section 2(9) of the Low-Level Radioactive 

Act (42 USC 2021b(9)).

(7) The term “private corporation” means the 

established under section 3105.

(8) The term “privatization” means the transfer of ow

Corporation to private investors.

(9) The term “privatization date” means the date 

percent of the ownership of the Corporation has been 

private investors.

(10) The term “public offering” means an underwritt

the public of the common stock of the private corporati

section 3104.

(11) The “Russian HEU Agreement” means th

Between the Government of the United States of Am

Government of the Russian Federation Concerning the 

Highly Enriched Uranium Extracted from Nuclear W

February 18, 1993.

(12) The term “Secretary” means the Secretary of En

(13) The “Suspension Agreement” means the A

Suspend the Antidumping Investigation on Uranium fro

Federation, as amended.

(14) The term “uranium enrichment” means the 

uranium of a given isotopic content into two componen

a higher percentage of a fissile isotope and one ha

percentage.

Sec. 3103. Sale of the Corporation

(a) Authorization.–The Board of Directors of the Corpor

approval of the Secretary of the Treasury, shall transfer the 

United States in the United States Enrichment Corporation 

sector in a manner that provides for the long-term vi

Corporation, provides for the continuation by the Corpo

operation of the Department of Energy’s gaseous diffusion p

for the protection of the public interest in maintaining a 

economical domestic source of uranium mining, enr

conversion services, and, to the extent not inconsistent with s

secures the maximum proceeds to the United States.

(b) Proceeds.–Proceeds from the sale of the United Stat

the Corporation shall be deposited in the general fund of the 

Sec. 3104. Method of Sale

(a) Authorization.–The Board of Directors of the Corpor

approval of the Secretary of the Treasury, shall transfer ow

assets and obligations of the Corporation to the privat

established under section 3105 (which may be consumma

merger or consolidation effected in accordance with, and hav

provided under, the law of the State of incorporation o

corporation, as if the Corporation were incorporated thereun

(b) Board Determination.–The Board, with the app

Secretary of the Treasury, shall select the method of transfer 

terms and conditions for the transfer that will provide t

proceeds to the Treasury of the United States and will provid

term viability of the private corporation, the continued op

42 USC 2297h-1.

42 USC 2297h-2.
() qy y 

the privatization of the Corporation unless before the 

Secretary of the Treasury determines that the method of 

provide the maximum proceeds to the Treasury consis

principles set forth in section 3103(a).

(d) Application of Securities Laws.–Any offering or sal

by the private corporation shall be subject to the Securities A

USC 77a et seq.), the Securities Exchange Act of 1934 (1

seq.), and the provisions of the Constitution and laws of any S

or possession of the United States relating to transactions in 

(e) Expenses.–Expenses of privatization shall be paid from 

revenue accounts in the United States Treasury.

Sec. 3105. Establishment of Private Corporation

(a) Incorporation.–

(1) The directors of the Corporation shall establish 

profit corporation under the laws of a State for the purpos

the assets and obligations of the Corporation at priv

continuing the business operations of the Corporat

privatization.

(2) The directors of the Corporation may serve as in

the private corporation and shall take all steps necessar

the private corporation, including the filing of articles of 

consistent with the provisions of this subchapter.

(3) Employees and officers of the Corporation (inclu

of the Board of Directors) acting in accordance with t

behalf of the private corporation shall be deemed to be 

official capacities as employees or officers of the Co

purposes of section 205 of title 18, United States Code.

(b) Status of the Private Corporation.–

(1) The private corporation shall not be an agency, in

or establishment of the United States, a Government co

Government-controlled corporation.

(2) Except as otherwise provided by this subchap

obligations of the private corporation shall not be obli

guaranteed as to principal or interest by, the Corporation 

States, and the obligations shall so plainly state.

(3) No action under section 1491 of title 28, United 

shall be allowable against the United States based on 

private corporation.

(c) Application of Post-Government Employment Restri

Beginning on the privatization date, the restrictions sta

207(a), (b), (c), and (d) of title 18, United States Code, sha

the acts of an individual done in carrying out official duties 

officer, or employee of the private corporation, if the indi

officer or employee of the Corporation (including a director

during the 45 days prior to the privatization date.

(d) Dissolution.–In the event that the privatization does 

Corporation will provide for the dissolution of the priva

within one year of the private corporation’s incorporati

Secretary of the Treasury or his delegate, upon the Corpora

agrees to delay any such dissolution for an additional year.

42 USC 2297h-3.
pp

(1) the lease of the gaseous diffusion plants in ac

section 3107,

(2) all personal property and inventories of the Corpo

(3) all contracts, agreements, and leases under sectio

(4) the Corporation’s right to purchase power from 

under section 3108(b),

(5) such funds in accounts of the Corporation held by 

or on deposit with any bank or other financial institutio

by the Secretary of the Treasury, and

(6) all of the Corporation’s records, including all of t

other documentary materials, regardless of physi

characteristics, made or received by the Corporation.

Sec. 3107. Leasing of Gaseous Diffusion Facilities

(a) Transfer of Lease.–Concurrent with privatization, th

shall transfer to the private corporation the lease of the gas

plants and related property for the remainder of the term of 

accordance with the terms of such lease.

(b) Renewal.–The private corporation shall have the ex

to lease the gaseous diffusion plants and related property 

periods following the expiration of the initial term of the lea

(c) Exclusion of Facilities for Production of Hig

Uranium.–The Secretary shall not lease to the private co

facilities necessary for the production of highly enriched ura

subject to the requirements of the Atomic Energy Act of 1

2011 et seq.), grant the Corporation access to such facilitie

other than the production of highly enriched uranium.

(d) DOE Responsibility for Preexisting Conditions.–Th

any costs of decontamination and decommissioning, respon

corrective actions with respect to conditions existing before 

at the gaseous diffusion plants shall remain the sole respon

Secretary.

(e) Environmental Audit.–For purposes of subsec

conditions existing before July 1, 1993, at the gaseous di

shall be determined from the environmental audit conducte

section 1403(e) of the Atomic Energy Act of 1954 (42 USC 

(f) Treatment Under Price-Anderson Provisions.–Any l

between the Secretary and the Corporation or the private co

any extension or renewal thereof, under this section shall be 

a contract for purposes of section 170d. of the Atomic Energ

(42 USC 2210(d)).

(g) Waiver of EIS Requirement.–The execution or transf

between the Secretary and the Corporation or the private co

any extension or renewal thereof, shall not be considered 

Federal action significantly affecting the quality of the huma

for purposes of section 102 of the National Environmental 

1969 (42 USC 4332).

(h) Maintenance of Security

(1) In General–With respect to the Paducah Gase

Plant, Kentucky, and the Portsmouth Gaseous Diffusio

the guidelines relating to the authority of the Departme

contractors (including any Federal agency, or private en

a gaseous diffusion plant under a contract or lease with th

of Energy) and any subcontractor (at any tier) to carry 

Records.

42 USC 2297h-5.
q, , py p

carrying sidearms at all times to ensure maintenance of 

gaseous diffusion plants (whether a gaseous diffusion pl

directly by a Federal agency or by a private entity unde

lease with a Federal agency).

(2)409 Funding

(A) The costs of arming and providing arrest au

security policy officers required under paragraph (1

as follows:

(i) the Department of Energy (the “Departme

the percentage of the costs equal to the percenta

number of employees at the gaseous diffusion pla

employees of the Department or the c

subcontractors of the Department; or (II) emp

private entity leasing the gaseous diffusion plant 

work on behalf of the Department (including em

contractor or subcontractor of the private entity); 

(ii) the private entity leasing the gaseous d

shall pay the percentage of the costs equal to the 

the total number of employees at the gaseous d

who are employees of the private entity (includi

of a contractor or subcontractor) other than tho

who perform work for the Department.

(B) Neither the private entity leasing the gaseous d

nor the Department shall reduce its payments under a

lease or take other action to offset its share of the co

in subparagraph (A), and the Department shall not 

private entity for the entity's share of these costs.

(C) Nothing in this subsection shall alter the 

responsibilities to pay the safety, safeguards and 

associated with the Department's highly enric

activities.410

Sec. 3108. Transfer of Contracts

(a) Transfer of Contracts.–Concurrent with priva

Corporation shall transfer to the private corporation 

agreements, and leases, including all uranium enrichment 

were–

(1) transferred by the Secretary to the Corporatio

section 1401(b) of the Atomic Energy Act of 1954 (42 U

or

(2) entered into by the Corporation before the privati

(b) Nontransferable Power Contracts.–The Corporation 

to the private corporation the right to purchase power from 

under the power purchase contracts for the gaseous di

executed by the Secretary before July 1, 1993. The Secretary 

to receive power for the gaseous diffusion plants under such 

shall continue to resell such power to the private corporation 

the term of such contracts.

––––––––

408 Amended by P.L. 105–245, Title III, § 310, 112 Stat. 1853 (1998). 409 Added by P.L. 105–245, Title III, § 310, 112 Stat. 1853 (1998). 410 Amended by P.L. 104–134, Title III, Chapter 1, Subchapter A, § 310

110 Stat. 1321–338 (1996); P.L. 105–62, Title V, § 511, 111 Stat. 13

105–245, Title III, § 310, 112 Stat. 1853 (1998).

42 USC 2297h-6.
() p

obligations under such contracts, agreements, or leases durin

Performance of such obligations by the private corpora

considered performance by the United States.

(2) If a contract, agreement, or lease transferred und

(a) is terminated, extended, or materially amend

privatization date–

(A) the private corporation shall be respons

obligation arising under such contract, agreement, or 

extension or material amendment, and

(B) the United States shall be responsible for a

arising under the contract, agreement, or leas

termination, extension, or material amendment.

(3) The private corporation shall reimburse the Un

any amount paid by the United States under a settlem

entered into with the consent of the private corporati

judgment, if the settlement or judgment–

(A) arises out of an obligation under a contract, 

lease transferred under subsection (a), and

(B) arises out of actions of the private corporatio

privatization date and the date of a termination, 

material amendment of such contract, agreement, or 

(d) Pricing.–The Corporation may establish prices for 

materials, and services provided to customers on a basis tha

to attain the normal business objectives of a profit making c

Sec. 3109. Liabilities

(a) Liability of the United States.–

(1) Except as otherwise provided in this subchapter

arising out of the operation of the uranium enrichment en

July 1, 1993, shall remain the direct liabilities of the Sec

(2) Except as provided in subsection (a)(3) or other

in a memorandum of agreement entered into by the Co

the Office of Management and Budget prior to the priv

all liabilities arising out of the operation of the Corpor

July 1, 1993, and the privatization date shall remain the d

of the United States.

(3) All liabilities arising out of the disposal of dep

generated by the Corporation between July 1, 19

privatization date shall become the direct liabilities of th

(4) Any stated or implied consent for the United State

or officer of the United States, to be sued by any person 

equitable, or other relief with respect to any claim ari

action taken by any agent or officer of the United States 

with the privatization of the Corporation is hereby withd

(5) To the extent that any claim against the United St

section is of the type otherwise required by Federal statut

to be presented to a Federal agency or official for a

review, such claim shall be presented to the Departmen

accordance with procedures to be established by the Secr

in this paragraph shall be construed to impose on the D

Energy liability to pay any claim presented pursuant to t

(6) The Attorney General shall represent the United 

action seeking to impose liability under this subsection.

42 USC 2297h-7.
, , y g

transfer of such agreement to the private corporation under s

any other action the Corporation is required to take under th

(c) Liability of the Private Corporation.–Except as pr

subchapter, the private corporation shall be liable for any lia

out of its operations after the privatization date.

(d) Liability of Officers and Directors.–

(1) No officer, director, employee, or agent of the Cor

be liable in any civil proceeding to any party in connec

action taken in connection with the privatization if, with 

subject matter of the action, suit, or proceeding, such per

within the scope of his employment.

(2) This subsection shall not apply to claims aris

Securities Act of 1933 (15 USC 77a et seq.), the Securi

Act of 1934 (15 USC 78a et seq.), or under the Constitut

any State, territory, or possession of the United Stat

transactions in securities.

Sec. 3110. Employee Protections

(a) Contractor Employees.–

(1) Privatization shall not diminish the accrued, v

benefits of employees of the Corporation’s operating co

two gaseous diffusion plants.

(2) In the event that the private corporation terminat

the contractor at either or both of the gaseous diffusion p

sponsor or other appropriate fiduciary of the pension 

employees of the prior operating contractor shall ar

transfer of all plan assets and liabilities relating to ac

benefits of such plan’s participants and beneficiaries fr

to a pension plan sponsored by the new contractor 

corporation or a joint labor-management plan, as the cas

(3) In addition to any obligations arising under the N

Relations Act (29 USC 151 et seq.), any employer 

private corporation if it operates a gaseous diffusion p

contractor or any contractor of the private corporation

diffusion plant shall–

(A) abide by the terms of any unexpired collecti

agreement covering employees in bargaining units a

in effect on the privatization date until the stated 

termination date of the agreement; or

(B) in the event a collective bargaining agreem

effect upon the privatization date, have the sam

obligations under section 8(d) of the National Labor 

(29 USC 158(d)) as it had immediately before the priv

(4) If the private corporation replaces its operating c

gaseous diffusion plant, the new employer (includ

contractor or the private corporation if it operates a gas

plant without a contractor) shall–

(A) offer employment to non-management emp

predecessor contractor to the extent that their jobs sti

are qualified for new jobs, and

(B) abide by the terms of the predecessor contract

bargaining agreement until the agreement expir

agreement is signed.

42 USC 2297h-8.
gp, y 

treat any adversely affected employee of an operating 

either plant who was an employee at such plant on July 

Department of Energy employee for purposes of secti

3162 of the National Defense Authorization Act for Fis

(42 USC 7274h-7274i).

(6)(A) The Secretary and the private corporation s

post-retirement health benefits plan provider (or its 

continue to provide benefits for eligible persons, as de

subparagraph (B), employed by an operating contractor 

gaseous diffusion plants in an economically efficient m

substantially the same level of coverage as eligible retire

to receive on the privatization date.

(B) Persons eligible for coverage under subparag

be limited to:

(i) persons who retired from active employm

the gaseous diffusion plants on or before the priv

as vested participants in a pension plan maintaine

Corporation’s operating contractor or by a contra

prior to July 1, 1993, by the Department of Energ

gaseous diffusion plant; and

(ii) persons who are employed by the 

operating contractor on or before the privatizatio

vested participants in a pension plan maintained 

Corporation’s operating contractor or by a contra

prior to July 1, 1993, by the Department of Energ

gaseous diffusion plant.

(C) The Secretary shall fund the entire cost of p

health benefits for persons who retired from employ

operating contractor prior to July 1, 1993.

(D) The Secretary and the Corporation shall fun

post-retirement health benefits for persons who 

employment with an operating contractor on or after 

in proportion to the retired person’s years and month

a gaseous diffusion plant under their respective mana

(7)(A) Any suit under this subsection alleging a v

agreement between an employer and a labor organiz

brought in accordance with section 301 of the Labor 

Relations Act (29 USC 185).

(B) Any charge under this subsection alleging a

practice violative of section 8 of the National Labor 

(29 USC 158) shall be pursued in accordance with se

National Labor Relations Act (29 USC 160).

(C) Any suit alleging a violation of any prov

subsection, to the extent it does not allege a violation o

Labor Relations Act, may be brought in any distric

United States having jurisdiction over the parties, wit

the amount in controversy or the citizenship of the pa

(8)411 CONTINUITY OF BENEFITS–To the extend 

are provided in advance for this purpose or are otherwise 

later than 30 days after the date of enactment of this p

––––––––

411 Added by P.L. 109–58, § 633, 119 Stat. 790 (2005).

Deadline.

Ohio.

Kentucky.
() pg 

remediation services at the Portsmouth, Ohio, or 

Kentucky, Gaseous Diffusion Plant;

(B) has been an employee of the Department 

predecessor management and integrating contractor 

second tier subcontractors), or of the Corpor

Portsmouth, Ohio, or the Paducah, Kentucky, facility

(C) was eligible as of April 1, 2005, to participate 

into the Multiple Employer Pension Plan or the assoc

employer retiree health care benefit plans, as defined 

shall continue to be eligible to participate in or tran

pension or health care benefit plans.

(b) Former Federal Employees.–

(1)(A) An employee of the Corporation that w

either the Civil Service Retirement System (refer

section as “CSRS”) or the Federal Employees’ Retir

(referred to in this section as “FERS”) on the day 

preceding the privatization date shall elect–

(i) to retain the employee’s coverage under e

FERS, as applicable, in lieu of coverage by the 

retirement system, or

(ii) to receive a deferred annuity or lump

payable to a terminated employee under CSRS 

applicable.

(B) An employee that makes the election under 

(A)(ii) shall have the option to transfer the ba

employee’s Thrift Savings Plan account to a define

plan under the Corporation’s retirement system, c

applicable law and the terms of the Corporat

contribution plan.

(2) The Corporation shall pay to the Civil Service R

Disability Fund–

(A) such employee deductions and agency contri

required by sections 8334, 8422, and 8423 of title 5, 

Code, for those employees who elect to retain their c

either CSRS or FERS pursuant to paragraph (1);

(B) such additional agency contributions as ar

necessary by the Office of Personnel Manageme

combination with the sums under subparagraph (A)

cost” (determined using dynamic assumptions) 

benefits for those employees who elect to retain t

under CSRS pursuant to paragraph (1), with the conc

cost” being used consistent with generally accep

standards and principles; and

(C) such additional amounts, not to exceed two 

amounts under subparagraphs (A) and (B), as ar

necessary by the Office of Personnel Management t

of administering retirement benefits for employees w

the Corporation after the privatization date under e

FERS, for their survivors, and for survivors of emp

Corporation who die after the privatization date (w

shall be available to the Office of Personnel M

provided in section 8348(a)(1)(B) of title 5, United S
, py

their coverage under CSRS or FERS pursuant to paragra

(4) Any employee of the Corporation who was s

Federal Employee Health Benefits Program (referred to 

as “FEHBP”) on the day immediately preceding the priv

and who elects to retain coverage under either CSRS or F

to paragraph (1) shall have the option to receive health b

health benefit plan established by the Corporation o

without interruption coverage under the FEHBP, in lieu o

the Corporation’s health benefit system.

(5) The Corporation shall pay to the Employees H

Fund–

(A) such employee deductions and agency contri

required by section 8906(a)-(f) of title 5, United St

those employees who elect to retain their coverage 

pursuant to paragraph (4); and

(B) such amounts as are determined necessary by 

Personnel Management under paragraph (6) to reimbu

of Personnel Management for contributions u

8906(g)(1) of title 5, United States Code, for those em

elect to retain their coverage under FEHBP pursuan

(4).

(6) The amounts required under paragraph (5)(B) 

Government contributions for retired employees who r

Corporation after the privatization date under either CS

for survivors of such retired employees, and for survivors 

of the Corporation who die after the privatization d

amounts prorated to reflect only that portion of the total s

employees and retired persons that was performed for th

after the privatization date.

Sec. 3111. Ownership Limitations

(a) Securities Limitations.–No director, officer, or em

Corporation may acquire any securities, or any rights to 

securities of the private corporation on terms more favora

offered to the general public–

(1) in a public offering designed to transfer own

Corporation to private investors,

(2) pursuant to any agreement, arrangement, or 

entered into before the privatization date, or

(3) before the election of the directors of the private 

(b) Ownership Limitation.–Immediately following the c

of the transaction or series of transactions pursuant to whic

of the ownership of the Corporation is transferred to private 

for a period of three years thereafter, no person may acqui

indirectly, beneficial ownership of securities representing 

percent of the total votes of all outstanding voting sec

Corporation. The foregoing limitation shall not apply to–

(1) any employee stock ownership plan of the Corpo

(2) members of the underwriting syndicate purcha

stabilization transactions in connection with the privatiza

––––––––

412 Amended by P.L. 104–206, Title III, 110 Stat. 2995 (1996).

42 USC 2297h-9.
gy

Sec. 3112. Uranium Transfers and Sales

(a) Transfers and Sales by the Secretary.–The Secre

provide enrichment services or transfer or sell any uraniu

natural uranium concentrates, natural uranium hexafluorid

uranium in any form) to any person except as consistent wit

(b) Russian HEU.

(1) On or before December 31, 1996, the United Sta

Agent under the Russian HEU Agreement shall tr

Secretary without charge title to an amount of uranium 

equivalent to the natural uranium component of low-enr

derived from at least 18 metric tons of highly enri

purchased from the Russian Executive Agent under the 

Agreement. The quantity of such uranium hexafluoride d

Secretary shall be based on a tails assay of 0.30 U

hexafluoride transferred to the Secretary pursuant to t

shall be deemed under United States law for all purp

Russian origin.

(2) Within seven years of the date of enactment of 

Secretary shall sell, and receive payment for, the uranium 

transferred to the Secretary pursuant to paragraph (1). 

hexafluoride shall be sold–

(A) at any time for use in the United States for t

overfeeding;

(B) at any time for end use outside the United Sta

(C) in 1995 and 1996 to the Russian Executive 

purchase price for use in matched sales pursuant to t

Agreement; or,

(D) in calendar year 2001 for consumption by en

United States not prior to January 1, 2002, in volumes 

3,000,000 pounds U3O8 equivalent per year.

(3) With respect to all enriched uranium delivered 

States Executive Agent under the Russian HEU Agreem

January 1, 1997, the United States Executive Agent shall

of the Russian Executive Agent, enter into an agreem

concurrently to the Russian Executive Agent an amou

hexafluoride equivalent to the natural uranium compo

uranium. An agreement executed pursuant to a request o

Executive Agent, as contemplated in this paragraph, may 

deliveries due during any period remaining under the 

Agreement. The quantity of such uranium hexafluoride d

Russian Executive Agent shall be based on a tails assay 

Title to uranium hexafluoride delivered to the Russian Ex

pursuant to this paragraph shall transfer to the Russian Ex

upon delivery of such material to the Russian Executiv

such delivery to take place at a North American facility 

the Russian Executive Agent. Uranium hexafluoride de

Russian Executive Agent pursuant to this paragraph sh

under U.S. law for all purposes to be of Russian origin. 

hexafluoride may be sold to any person or entity for de

in the United States only as permitted in subsections (b)

(b)(7) of this section.

(4) In the event that the Russian Executive Agent doe

its right to enter into an agreement to take delivery 

42 USC 2297h-10.
g, p

Russian Executive Agent, then the United States Executi

engage an independent entity through a competitive sel

to auction an amount of uranium hexafluoride or U3O8 

that the conversion component of such hexafluoride h

been sold) equivalent to the natural uranium componen

enriched uranium. An agreement executed pursuant to a 

Russian Executive Agent, as contemplated in this pa

pertain to any deliveries due during any period remain

Russian HEU Agreement. Such independent entity s

uranium hexafluoride in one or more lots to any perso

maximize the proceeds from such sales, for disposition c

the limitations set forth in this subsection. The independe

pay to the Russian Executive Agent the proceeds of any 

less all reasonable transaction and other administrati

quantity of such uranium hexafluoride auctioned shall 

tails assay of 0.30 U235. Title to uranium hexafluor

pursuant to this paragraph shall transfer to the buyer of 

upon delivery of such material to the buyer. Uranium 

auctioned pursuant to this paragraph shall be deemed 

States law for all purposes to be of Russian origin.

(5) Except as provided in paragraphs (6) and 

hexafluoride delivered to the Russian Executive Agent un

(3) or auctioned pursuant to paragraph (4), may not be 

consumption by end users in the United States eith

indirectly prior to January 1, 1998, and thereafter only 

with the following schedule:

Annual Maximum Deliveries to End Users

Year:

(millions lb

equivalent)

1998 ....................................................... ...................

1999 ....................................................... ...................

2000 ....................................................... ...................

2001 ....................................................... ...................

2002 ....................................................... ...................

2003 ....................................................... ...................

2004 ....................................................... ...................

2005 ....................................................... ...................

2006 ....................................................... ...................

2007 ....................................................... ...................

2008 ....................................................... ...................

2009 and each year thereafter ................ ...................

(6) Uranium hexafluoride delivered to the Russian Ex

under paragraph (3) or auctioned pursuant to paragraph (

at any time as Russian-origin natural uranium in a 

pursuant to the Suspension Agreement, and in such cas

counted against the annual maximum deliveries set forth 

(5).

(7) Uranium hexafluoride delivered to the Russian Ex

under paragraph (3) or auctioned pursuant to paragraph (
() g () 

conversion component of such uranium hexafluoride.

(9) The Secretary of Commerce shall have respons

administration and enforcement of the limitations set 

subsection. The Secretary of Commerce may require 

provide any certifications, information, or take any actio

necessary to enforce these limitations. The United St

Service shall maintain and provide any information re

Secretary of Commerce and shall take any action req

Secretary of Commerce which is necessary for the adm

enforcement of the uranium delivery limitations set 

section.

(10) The President shall monitor the actions of the 

Executive Agent under the Russian HEU Agreement an

to the Congress not later than December 31 of each yea

the low-enriched uranium delivered under the R

Agreement is having on the domestic uranium mining, co

enrichment industries, and the operation of the gase

plants. Such report shall include a description of act

proposed to be taken by the President to prevent or 

material adverse impact on such industries or any loss o

at the gaseous diffusion plants as a result of the R

Agreement.

(c) Transfers to the Corporation.–(1) The Secretary shall 

Corporation without charge up to 50 metric tons of enriched 

up to 7,000 metric tons of natural uranium from the D

Energy’s stockpile, subject to the restrictions in subsection (

(2) The Corporation shall not deliver for commercial 

United States–

(A) any of the uranium transferred under this sub

January 1, 1998;

(B) more than 10 percent of the uranium 

hexafluoride equivalent content) transferred under t

or more than 4,000,000 pounds, whichever is less, in 

year after 1997; or

(C) more than 800,000 separative work units con

enriched uranium transferred under this subsection in 

year.

(d) Inventory Sales.–(1) In addition to the transfers aut

subsections (c) and (e), the Secretary may, from time to tim

and low-enriched uranium (including low-enriched uranium 

highly enriched uranium) from the Department of Energy’s 

(2) Except as provided in subsections (b), (c), and 

transfer of natural or low-enriched uranium shall be mad

(A) the President determines that the material is 

for national security needs,

(B) the Secretary determines that the sale of the 

not have an adverse material impact on the dom

mining, conversion, or enrichment industry, taking in

sales of uranium under the Russian HEU Agree

Suspension Agreement, and

(C) the price paid to the Secretary will not be les

market value of the material.

President.

Reports.

President.
() gy 

the receiving agency without any resale or transfer to ano

the material does not meet commercial specifications;

(2) to any person for national security purposes, as d

the Secretary; or

(3) to any State or local agency or nonprofit, 

educational institution for use other than the generation 

for commercial use.

(f) Savings Provision.–Nothing in this subchapter sha

modify the terms of the Russian HEU Agreement.

Sec. 3112A. Incentives for Additional Downblending o

Enriched Uranium by the Russian Federation413

(a) DEFINITIONS.–In this section:

(1) COMPLETION OF THE RUSSIAN HEU AGRE

term ‘completion of the Russian HEU Agreement

importation into the United States from the Russia

pursuant to the Russian HEU Agreement of uranium der

downblending of not less than 500 metric tons of hi

uranium of weapons origin. 

(2) DOWNBLENDING.–The term ‘downblen

processing highly enriched uranium into a uranium produ

in which the uranium contains less than 20 percent urani

(3) HIGHLY ENRICHED URANIUM.–The term ‘h

uranium’ has the meaning given that term in section 310

(4) HIGHLY ENRICHED URANIUM OF WEAPON

The term ‘highly enriched uranium of weapons origin’ 

enriched uranium that–

(A) contains 90 percent or more uranium-235; an

(B) is verified by the Secretary of Energy to b

origin. 

(5) LOW-ENRICHED URANIUM.–The term 

uranium’ means a uranium product in any form, inclu

hexafluoride (UF6) and uranium oxide (UO2), in whic

contains less than 20 percent uranium-235, including na

without regard to whether the uranium is incorporated in

complete fuel assemblies. 

(6) RUSSIAN HEU AGREEMENT.–The term ‘R

Agreement’ has the meaning given that term in section 3

(7) URANIUM-235.–The term ‘uranium-235’ mean

235U. 

(b) STATEMENT OF POLICY.–It is the policy of the U

support the continued downblending of highly enriched 

weapons origin in the Russian Federation in order to protec

security interests of the United States with respect to the no

of nuclear weapons. 

(c) PROMOTION OF DOWNBLENDING OF RUSSI

ENRICHED URANIUM.–

(1) COMPLETION OF THE RUSSIAN HEU AG

Prior to the completion of the Russian HEU Agreement, th

into the United States of low-enriched uranium, including 

uranium obtained under contracts for separative work 

––––––––

413 Added by P.L. 110–329, § 8118, 122 Stat. 3647 (2008). 

42 USC 2297h-10a.
() ypgg 

16,559 kilograms. 

(B) In calendar year 2012, 24,839 kilograms. 

(C) In calendar year 2013 and each calendar y

through the calendar year of the completion of the 

Agreement, 41,398 kilograms. 

(2) INCENTIVES TO CONTINUE DOWN

RUSSIAN HIGHLY ENRICHED URANIUM A

COMPLETION OF THE RUSSIAN HEU AGREEMEN

(A) IN GENERAL.–After the completion of the 

Agreement, the importation into the United States of 

uranium, including low-enriched uranium obtained u

for separative work units, that is produced in 

Federation, whether or not such low-enriched urani

from highly enriched uranium of weapons origin, ma

(i) in calendar year 2014, 485,279 kilograms; 

(ii) in calendar year 2015, 455,142 kilograms

(iii) in calendar year 2016, 480,146 kilogram

(iv) in calendar year 2017, 490,710 kilograms

(v) in calendar year 2018, 492,731 kilograms

(vi) in calendar year 2019, 509,058 kilograms

(vii) in calendar year 2020, 514,754 kilogram

(B) ADDITIONAL IMPORTS IN EXCHAN

COMMITMENT TO DOWNBLEND AN ADDIT

METRIC TONS OF HIGHLY ENRICHED URANIU

(i) IN GENERAL.–In addition to the amount 

be imported under subparagraph (A) and except 

clause (ii), if the Russian Federation enters in

agreement with the United States under which 

Federation agrees to downblend an additional 30

of highly enriched uranium after the completion 

HEU Agreement, 4 kilograms of low-enric

whether or not such low-enriched uranium is 

highly enriched uranium of weapons origin and i

enriched uranium obtained under contracts for se

units, may be imported in a calendar year for eve

of Russian highly enriched uranium of weapons o

downblended in the preceding calendar year, 

verification of the Secretary of Energy under par

(ii) MAXIMUM ANNUAL IMPORTS.–N

120,000 kilograms of low-enriched uranium ma

in a calendar year under clause (i). 

(3) EXCEPTIONS.–The import limitations described 

(1) and (2) shall not apply to low-enriched uranium pr

Russian Federation that is imported into the United State

(A) for use in the initial core of a new nuclear re

(B) for processing and to be certified for reexpor

for consumption in the United States; or 

(C) to be added to the inventory of the Departme

(4) LIMITED WAIVER AUTHORITY.–

(A) IN GENERAL.–Notwithstanding paragraph 

completion of the Russian HEU Agreement does no

December 31, 2013, the import limitations under par

shall be waived, and low-enriched uranium may be 

Deadline.
() y gy y 

determine that–

(I) the failure of the completion of the 

Agreement arises from causes beyond the 

without the fault or negligence of the Gove

Russian Federation; and 

(II) the Government of the Russian Federa

reasonable efforts to avoid and mitigate the 

failure of the completion of the Russian HE

and 

(ii) the Secretary of Energy and the Secr

jointly notify Congress of, and publish in the Fed

the determination under clause (i) and the re

determination. 

(B) NOTICE AND WAIT.–A waiver under sub

may not take effect until the date that is 180 days aft

which Secretary of Energy and the Secretary of 

Congress under subparagraph (A)(ii). 

(C) TERMINATION.–A waiver under subparag

terminate on December 31 of the calendar year w

which the Secretary makes the determination under 

(A)(i). 

(5) ADJUSTMENTS TO IMPORT LIMITATIONS.–

(A) IN GENERAL.–The import limitations 

paragraph (2)(A) are based on the reference data in th

Report on the Global Nuclear Fuel Market Supply 

2005–2030 of the World Nuclear Association. In ea

years 2016 and 2019, the Secretary of Commerce sh

projected demand for uranium for nuclear reactors 

States and adjust the import limitations described 

(2)(A) to account for changes in such demand in years 

in which that report or a subsequent report is publishe

(B) INCENTIVE ADJUSTMENT.–Beginning 

calendar year after the calendar year of the comp

Russian HEU Agreement, the Secretary of Energy sh

decrease the amount of low-enriched uranium that ma

in a calendar year under paragraph (2)(B) (including 

low-enriched uranium that may be imported for eac

highly enriched uranium downblended under paragr

by a percentage equal to the percentage increase or d

case may be, in the average amount of uranium loade

power reactors in the United States in the most rece

year period for which data are available, as reported 

Information Administration of the Department of Ene

to the average amount of uranium loaded into such r

the 3-calendar-year period beginning on January 

reported by the Energy Information Administration. 

(C) PUBLICATION OF ADJUSTMENTS.–

practicable, but not later than July 31 of each cale

Secretary of Energy shall publish in the Federal Regis

of low-enriched uranium that may be imported i

calendar year after the adjustments under subparagrap

(6) AUTHORITY FOR ADDITIONAL ADJU

addition to the adjustment under paragraph (5)(A), the 

Notification. 

Federal 

Register, 

publication.

Effective date.

Effective date.

Deadline. 

Federal 

Register, 

publication.
() y g

that the available supply of low-enriched uranium and 

stockpiles of uranium of the Department of Energy a

to meet demand in the United States in the following 

and 

(B) notifies Congress of the adjustment not less 

before making the adjustment. 

(7) EQUIVALENT QUANTITIES OF LOW

URANIUM IMPORTS.–

(A) IN GENERAL.–The import limitations 

paragraphs (1) and (2) are expressed in terms of urani

4.4 percent uranium-235 and a tails assay of 0.3 perc

(B) ADJUSTMENT FOR OTHER URANIUM

low-enriched uranium under paragraphs (1) and (2), i

enriched uranium obtained under contracts for sep

units, shall count against the import limitations desc

paragraphs in amounts calculated as the quantity of 

uranium containing 4.4 percent uranium-235 necessa

total amount of uranium-235 contained in such impor

(8) DOWNBLENDING OF OTHER HIGHLY 

URANIUM.–

(A) IN GENERAL.–The downblending of hi

uranium not of weapons origin may be counted fo

paragraph (2)(B), subject to verification under paragra

Secretary of Energy determines that the highly enrich

be downblended poses a risk to the national security 

States. 

(B) EQUIVALENT QUANTITIES OF HIGHLY 

URANIUM.– For purposes of determining th

lowenriched uranium imports allowed under para

highly enriched uranium not of weapons origin 

pursuant to subparagraph (A) shall count as downb

enriched uranium of weapons origin in amounts cal

quantity of highly enriched uranium containing 90 per

235 necessary to equal the total amount of uranium-

in the highly enriched uranium not of weapons origin 

pursuant to subparagraph (A). 

(9) TERMINATION OF IMPORT RESTRIC

provisions of this subsection shall terminate on Decembe

(10) TECHNICAL VERIFICATIONS BY SECR

ENERGY.–

(A) IN GENERAL.–The Secretary of Energy sh

origin, quantity, and uranium-235 content of the hi

uranium downblended for purposes of paragraphs (2)

(B) METHODS OF VERIFICATION.–In co

verification required under subparagraph (A), the 

Energy shall employ the transparency measures 

provisions agreed to under the Russian HEU A

monitoring the downblending of Russian highly enri

of weapons origin and such other methods as 

determines appropriate. 

(11) ENFORCEMENT OF IMPORT LIMITA

Secretary of Commerce shall be responsible for enforci

limitations imposed under this subsection and shall enfor

Notification.
() 

(A) RUSSIAN HEU AGREEMENT.–Nothing 

shall be construed to modify the terms of the R

Agreement, including the provisions of the Agreem

the amount of low-enriched uranium that may be imp

United States. 

(B) OTHER AGREEMENTS.–If a provision of a

between the United States and the Russian Federati

the Russian HEU Agreement, relating to the impor

enriched uranium, including lowenriched uranium o

contracts for separative work units, into the United S

with a provision of this section, the provision of thi

supersede the provision of the agreement to the 

conflict.

Sec. 3113. Low-Level Waste

(a) Responsibility of DOE.–

(1) The Secretary, at the request of the generator, sh

disposal low-level radioactive waste, including depleted 

were ultimately determined to be low-level radio

generated by–

(A) the Corporation as a result of the operations 

diffusion plants or as a result of the treatment of su

location other than the gaseous diffusion plants, or

(B) any person licensed by the Nuclear Regulator

to operate a uranium enrichment facility under sectio

193 of the Atomic Energy Act of 1954 (42 USC 20

2243).

(2) Except as provided in paragraph (3), the g

reimburse the Secretary for the disposal of low-level rad

pursuant to paragraph (1) in an amount equal to the Sec

including a pro rata share of any capital costs, but in no ev

an amount equal to that which would be charged by com

regional, or interstate compact entities for disposal of su

(3) In the event depleted uranium were ultimately de

low-level radioactive waste, the generator shall reimburse 

for the disposal of depleted uranium pursuant to parag

amount equal to the Secretary’s costs, including a pro rat

capital costs.

(4)414 In the event that a licensee requests the Secre

for disposal depleted uranium pursuant to this subsection

shall be required to take title to and possession of 

uranium at an existing DUF6 storage facility.

(b) Agreements With Other Persons.–The generator may 

agreements for the disposal of low-level radioactive wa

subsection (a) with any person other than the Secretary tha

by applicable laws and regulations to dispose of such wastes

(c) State or Interstate Compacts.–Notwithstanding any o

of law, no State or interstate compact shall be liable for 

storage, or disposal of any low-level radioactive waste (inc

waste) attributable to the operation, decontami

decommissioning of any uranium enrichment facility.

––––––––

414 Added by P.L. 108–447, Div. C, § 311, 118 Stat. 2959 (2004).

42 USC 2297h-11.
gpy y 

processes, and technical information owned or contr

Government, upon completion of a royalty agreement with t

(b) Transfer of Related Property to Corporation.–

(1) In general.–To the extent requested by the Co

subject to the requirements of the Atomic Energy Act of 

2011 et seq.), the President shall transfer without c

Corporation all of the right, title, or interest in and to pr

by the United States under control or custody of the Se

directly related to and materially useful in the perfor

Corporation’s purposes regarding AVLIS and alternative 

for uranium enrichment, including–

(A) facilities, equipment, and materials 

development, and demonstration activities; and

(B) all other facilities, equipment, materials, proc

technical information of any kind, contracts, agr

leases.

(2) Exception.–Facilities, real estate, improvements, a

related to the gaseous diffusion, and gas centrifu

enrichment programs of the Secretary shall not t

paragraph (1)(B).

(3) Expiration of transfer authority.–The President’

transfer property under this subsection shall expi

privatization date.

(c) Liability for Patent and Related Claims.–With respec

title, or interest provided to the Corporation under subsection 

Corporation shall have sole liability for any payments ma

under section 157b.(3) of the Atomic Energy Act of 1

2187(b)(3)), or any settlements or judgments involving clai

patent infringement. Any royalty agreement under subsect

section shall provide for a reduction of royalty payments to 

to offset any payments, awards, settlements, or judgmen

subsection.

Sec. 3115. Application of Certain Laws

(a) OSHA.–

(1) As of the privatization date, the private corpor

subject to and comply with the Occupational Safety and 

1970 (29 USC 651 et seq.).

(2) The Nuclear Regulatory Commission and the 

Safety and Health Administration shall, within 90 days a

enactment of this Act, enter into a memorandum of 

govern the exercise of their authority over occupation

health hazards at the gaseous diffusion plants, includi

investigation, enforcement, and rulemaking relating to su

(b) Antitrust Laws.–For purposes of the antitrust laws, th

by the private corporation of a “matched import” contr

Suspension Agreement shall be considered to have occurre

privatization date, if at the time of privatization, such cont

agreed to by the parties in all material terms and confirmed by 

of Commerce under the Suspension Agreement.

(c) Energy Reorganization Act Requirements.–

(1) The private corporation and its contractors and s

shall be subject to the provisions of section 211 o

President.

42 USC 2297h-13.

Contracts.
() pp

private corporation, section 206 of the Energy Reorgan

1974 (42 USC 5846) shall apply to the directors and o

private corporation.

4. Energy Reorganization Act of 19

Amended
4
Sec. 1. Short Title .................................................................................

Sec. 2. Declaration of Purpose.............................................................

Title I–Energy Research and Development Administration ............

Sec. 101. Establishment........................................................................

Sec. 102. Officers..................................................................................

Sec. 103. Responsibilities of the Administrator .................................

Sec. 104. Abolition and Transfers.......................................................

Sec. 105. Administrative Provisions....................................................

Sec. 106. Personnel and Services.........................................................

Sec. 107. Powers....................................................................................

Sec. 108. (Repealed)..............................................................................

Sec. 109. Future Reorganization .........................................................

Sec. 110. Coordination with Environmental Efforts.........................

Sec. 111. Provisions Applicable to Annual Authorization Acts........

Title II–Nuclear Regulatory Commission; Nuclear Whistleblower 

Protection................................................................................

Sec. 201. Establishment and Transfers...............................................

Sec. 202. Licensing and Related Regulatory Functions Respecting 

Selected Administration Facilities.......................................

Sec. 203. Office of Nuclear Reactor Regulation.................................

Sec. 204. Office of Nuclear Material Safety and Safeguards............

Sec. 205. Office of Nuclear Regulatory Research ..............................

Sec. 206. Noncompliance......................................................................

Sec. 207. Nuclear Energy Center Site Survey ....................................

Sec. 208. Abnormal Occurrence Reports...........................................

Sec. 209. Other Officers.......................................................................

Sec. 210. Unresolved Safety Issues Plan .............................................

Sec. 211. Employee Protection ............................................................

Sec. 212. Limitation on Legal Fee Reimbursement...........................

Title III–Miscellaneous and Transitional Provisions........................

Sec. 301. Transitional Provisions ........................................................

Sec. 302. Transfer of Personnel and Other Matters..........................

Sec. 303. Incidental Dispositions.........................................................

Sec. 304. Definitions .............................................................................

Sec. 305. Authorizations of Appropriations.......................................

Sec. 306. Comptroller General Audit .................................................

Sec. 307. Reports ..................................................................................

Sec. 308. Information to Committees..................................................

Sec. 309. Transfer of Funds.................................................................

Sec. 310. Conforming Amendments to Certain Other Laws............

Sec. 311. Separability ...........................................................................

Sec. 312. Effective Date and Interim Appointments..........................

Title IV–Sex Discrimination................................................................

Sec. 401. Sex Discrimination Prohibited ............................................

Public Law 93438 88 

October 11, 1974

An Act

To reorganize and consolidate certain functions of the Federa

in a new Energy Research and Development Administr

new Nuclear Regulatory Commission in order to p

efficient management of such functions.

Be it enacted by the Senate and House of Representative

United States of America in Congress assembled,

That the Energy Reorganization Act of 1974, as amende

to read as follows:

Sec. 1. Short Title

The Act may be cited as the "Energy Reorganization Ac

Sec. 2. Declaration of Purpose

(a) The Congress hereby declares that the general we

common defense and security require effective action to 

increase the efficiency and reliability of use of, all energy so

the needs of present and future generations, to increase the p

the national economy and strengthen its position in regard to 

trade, to make the Nation self-sufficient in energy, to advan

restoring, protecting, and enhancing environmental quality, 

public health and safety.

(b) The Congress finds that, to best achieve these objec

Government operations, and assure the coordinated 

development of all energy sources, it is necessary to establ

Research and Development Administration to bring togeth

Federal activities relating to research and development o

sources of energy, to increase the efficiency and reliability 

energy, and to carry out the performance of other functions, 

not limited to the Atomic Energy Commission‛s military a

activities and its general basic research activities. In establish

Research and Development Administration to achieve these 

Congress intends that all possible sources of energy 

consistent with warranted priorities.

(c) The Congress finds that it is in the public interest tha

and related regulatory functions of the Atomic Energy C

separated from the performance of the other functions of the 

and that this separation be effected in an orderly manner, p

Act, assuring adequacy of technical and other resources nec

performance of each.

(d) The Congress declares that it is in the public interest 

of Congress that small business concerns be given 

opportunity to participate, insofar as is possible, fairly an

grants, contracts, purchases, and other Federal activitie

research, development, and demonstration of sources of ener

and utilization and conservation of energy. In carrying out 

the extent practicable, the Administrator shall cons

Administrator of the Small Business Administration.

42 USC 5801 

note.

42 USC 5801.

Energy 

Research and 

Development 

Administration, 

establishment.

Separation of 

AEC licensing 

and regulatory

functions.

Small business 

participation.
preservation of material resources, reduction of pollutants, 

potential (including reduction of imports), among others. On 

energy sources warranting priority might include, but not be 

various methods of utilizing solar energy.

Title I–Energy Research and Development Admini

Sec. 101. Establishment 

There is hereby established an independent executive 

known as the Energy Research and Development A

(hereinafter in this Act referred to as the “Administration”).

Sec. 102. Officers

(a) There shall be at the head of the Administration an 

of Energy Research and Development (hereinafter in this A

as the "Administrator"), who shall be appointed from civil

President by and with the advice and consent of the Senate. 

not be appointed as Administrator within two years after 

active duty as a commissioned officer of a regular componen

Force. The Administration shall be administered under the su

direction of the Administrator, who shall be responsible fo

and coordinated management of the Administration.

(b) There shall be in the Administration a Deputy Admi

shall be appointed by the President, by and with the advice a

the Senate.

(c) The President shall appoint the Administrator 

Administrator from among individuals who, by reason of 

background and experience are specially qualified to manag

of energy research and development programs.

(d) There shall be in the Administration six Assistant A

one of whom shall be responsible for fossil energy, anoth

energy, another for environment and safety, another for 

another for solar, geothermal, and advanced energy system

for national security. The Assistant Administrators shall be 

the President, by and with the advice and consent of th

President shall appoint each Assistant Administrator 

individuals who, by reason of general background and ex

specially qualified to manage the energy technology area as

Assistant Administrator.

(e) There shall be in the Administration a General Coun

be appointed by the Administrator and who shall serve at t

and be removable by the Administrator.

(f) There shall be in the Administration not more than ei

officers appointed by the Administrator. The positions of 

shall be considered career positions and be subject to subse

the Atomic Energy Act.

(g) The Division of Military Application transferred to a

in the Administration by section 104(d) of this Act shall 

direction of a Director of Military Application, who shall be 

the Administrator and who shall serve at the pleasure of and 

––––––––

1 This title established the Energy Research and Development Admini

Administration was terminated, and its functions were transferred to 

U.S. Department of Energy, by the Department of Energy Organizati

91, 91 Stat. 565 (1977).

42 USC 5811.

42 USC 5812.

Administrator.

Deputy 

Administrator.

Assistant 

Administrators.

General 

Counsel.

Additional 

officers.

Director of 

Military 

Application.
functions, qualifications, and compensation of the Direct

Application shall be the same as those provided under the A

Act of 1954, as amended, for the Assistant General Manag

Application.

(h) Officers appointed pursuant to this section shall 

functions as the Administrator shall delegate to one such offi

responsibility for international cooperation in all energy 

environmental research and development.

(i) The Deputy Administrator (or in the absence or di

Deputy Administrator, or in the event of a vacancy in the 

Deputy Administrator, an Assistant Administrator, the Gene

such other official, determined according to such 

Administrator shall prescribe) shall act for and perform th

the Administrator during any absence or disability of the Ad

in the event of a vacancy in the office of the Administrator.

Sec. 103. Responsibilities of the Administrator

The responsibilities of the Administrator shall includ

limited to–

(l) exercising central responsibility for policy planning, 

support, and management of research and developm

respecting all energy sources, including assessing the req

research and development in regard to various energy sour

to near-term and long-range needs, policy planning in rega

those requirements, undertaking programs for the optimal d

the various forms of energy sources, managing such p

disseminating information resulting therefrom;

(2) encouraging and conducting research and developm

demonstration of commercial feasibility and practical appl

extraction, conversion , storage, transmission, and utili

related to the development and use of energy from fossil, 

geothermal, and other energy sources;

(3) engaging in and supporting environmental, biomed

and safety research related to the development of energy 

utilization technologies;

(4) taking into account the existence, progress, and re

public and private research and development activities, in

activities of the Federal Energy Administration relating to th

of energy resources using currently available technology 

increased utilization of energy resources, relevant to the Ad

mission in formulating its own research and development pr

(5) participating in and supporting cooperative 

development projects which may involve contributions 

private persons or agencies, of financial or other reso

performance of the work;

(6) developing, collecting, distributing, and making 

distribution, scientific and technical information co

manufacture or development of energy and its efficie

conversion, transmission, and utilization;

(7) creating and encouraging the development of gener

to the public on all energy conservation technologies and e

as they become available for general use, and the Adm

conjunction with the Administrator of the Federal Energy A

shall, to the extent practicable, disseminate such informatio

use of mass communications;

Order of 

succession.

International 

cooperation.

note.

42 USC 5813.
energy consumption to the maximum extent practicable

maximum possible improvement in the efficiency of 

Development of new and improved conservation meas

conducted with the goal of the most expeditious possible 

these measures;

(9) encouraging and participating in international c

energy and related environmental research and developmen

(10) helping to assure an adequate supply of manp

accomplishment of energy research and development 

sponsoring and assisting in education and training activities 

of higher education, vocational schools, and other institu

assuring the collection, analysis, and dissemination 

manpower supply and demand data;

(11) encouraging and conducting research and develop

and renewable energy sources.2

Sec. 104. Abolition and Transfers

(a) The Atomic Energy Commission is hereby abolishe

and 22 of the Atomic Energy Act of 1954, as amended (42 U

2032) are repealed.

(b) All other functions of the Commission, the Chairman 

of the Commission, and the officers and components of the 

are hereby transferred or allowed to lapse pursuant to the pro

Act.

(c) There are hereby transferred to and vested in the Ad

functions of the Atomic Energy Commission, the Chairman 

of the Commission, and the officers and components of the 

except as otherwise provided in this Act.

(d) The General Advisory Committee established pursu

26 of the Atomic Energy Act of 1954, as amended (42 U

Patent Compensation Board established pursuant to sectio

Atomic Energy Act of 1954, as amended (42 USC 2187) and 

of Military Application and Naval Research established purs

25 of the Atomic Energy Act of 1954, as amended (42 U

transferred to the Energy Research and Development Admi

the functions of the Commission with respect thereto, and w

relations with the Military Liaison Committee established by 

the Atomic Energy Act of 1954, as amended (42 US

transferred to the Administrator.

(e) There are hereby transferred to and vested in the Adm

functions of the Secretary of the Interior, the Department o

and officers and components of such department–

––––––––

2 Amended by P.L. 102–486, § 143(b), 1406 Stat. 2843 (1992), which 

former paragraphs (8) through (12) as paragraphs (7) through (11), re

struck out former paragraph (7), which included establishment of an 

Extension Service as the responsibility of the Administrator. P.L. 95–

Stat. 200 (1977), amended section 103 by redesignating paragraphs (

as paragraphs (8) through (12), respectively, and inserted a new para

read as follows: “(7) establishing, in accordance with the National Energy Extension 

Energy Extension Service to provide technical assistance, instruction

demonstration on energy conservation measures and alternative energ

individuals, businesses, and State and local government officials.”

42 USC 5814.

Atomic Energy 

Commission.

Interior 

Department 

functions.
(2) as relate to or are utilized in connection with fos

research and development programs and related activit

by the Bureau of Mines "energy centers" and synthane p

greater efficiency in the extraction, processing, and 

energy resources for the purpose of conserving tho

developing alternative energy resources such as oil and 

and tertiary recovery, oil shale and synthetic fuels, impro

of managing energy-related wastes and pollutants, a

technical guidance needed to establish and administer n

policies; and

(3) as relate to or are utilized for underground e

transmission research.

The Administrator shall conduct a study of the pot

applications of helium and, within six months from th

enactment of this Act, report to the President and 

recommendations concerning the management of the F

programs, as they relate to energy.

(f) There are hereby transferred to and vested in the Adm

functions of the National Science Foundation as relate to or 

connection with–

(1) solar heating and cooling development; and

(2) geothermal power development.

(g) There are hereby transferred to and vested in the Adm

functions of the Environmental Protection Agency and th

components thereof as relate to or are utilized in connection 

development, and demonstration, but not assessment or m

regulatory purposes, of alternative automotive power system

(h) To the extent necessary or appropriate to perform 

carry out programs transferred by this Act, the Adm

Commissions may exercise, in relation to the functions so tr

authority or part thereof available by law, including appropr

the official or agency from which such functions were trans

(i) In the exercise of his responsibilities under sec

Administrator shall utilize, with their consent, to the ful

determines advisable the technical and management capab

executive agencies having facilities, personnel, or other re

can assist or advantageously be expanded to assist in carr

responsibilities. The Administrator shall consult with the 

agency with respect to such facilities, personnel, or other r

may assign, with their consent, specific programs or proje

research and development as appropriate. In making such 

under this subsection, the head of each such agency shall in

(1) such assignments shall be in addition to and no

the basic mission responsibilities of the agency, and

(2) such assignments shall be carried out under suc

the Administrator deems appropriate.

Sec. 105. Administrative Provisions

(a) The Administrator is authorized to prescribe s

standards, criteria, procedures, rules, and regulations as he 

be necessary or appropriate to perform functions now or he

in him. 

––––––––

3 The “Act” is probably referencing P.L. 86–599, 74 Stat. 336 (1960), 

classified, to Chapter 18 of Title 30 U.S.C. 661–668, “Mineral Lands 

Helium 

applications study.

Report to 

President and 

Congress.

National 

Science 

Foundation 

functions.

Environmental 

Protection 

Agency 

functions.

Use of other 

agencies’ 

capabilities.

42 USC 5815.

Regulations.
necessary to promote the efficient and coordinated admini

Administration and properly assess progress toward the achi

missions.

(c) Except as otherwise expressly provided by law, the 

may delegate any of his functions to such officers and emp

Administration as he may designate, and may authorize su

re-delegations of such functions as he may deem to be 

appropriate.

(d) Except as provided in section 102 and in sectio

Administrator may organize the Administration as he ma

necessary or appropriate.

(e) The Administrator is authorized to establish, main

discontinue such State, regional, district, local, or other fiel

may deem to be necessary or appropriate to perform fun

hereafter vested in him.

(f) The Administrator shall cause a seal of office to be 

Administration of such device as he shall approve, and judic

be taken of such seal.

(g) The Administrator is authorized to establish a workin

to be available without fiscal year limitation, for expenses 

the maintenance and operation of such common administrat

he shall find to be desirable in the interests of economy a

There shall be transferred to the fund the stocks of supplie

assets other than real property, liabilities, and unpaid oblig

to the services which he determines will be performed thro

Appropriations to the fund, in such amounts as may be 

provide additional working capital, are authorized. The w

fund shall recover from the appropriations and funds for w

are performed, either in advance or by way of reimbursem

which will approximate the costs incurred, including the acc

leave and the depreciation of equipment. The fund shall al

with receipts from the sale or exchange of its property, a

payment for loss or damage to property owned by the fund.

(h) Each department, agency, and instrumentality of 

branch of the Government is authorized to furnish to the A

upon his request, any information or other data which the 

deems necessary to carry out his duties under this title.

Sec. 106. Personnel and Services

(a) The Administrator is authorized to select, appoint, em

the compensation of such officers and employees, includ

pursuant to section 161d. of the Atomic Energy Act of 195

(42 USC 2201(d)) as are necessary to perform the func

hereafter vested in him and to prescribe their functions.4

(b) The Administrator is authorized to obtain services a

section 3109 of title 5 of the United States Code.

(c) The Administrator is authorized to provide for pa

military personnel in the performance of his functions. M

Army, the Navy, the Air Force, or the Marine Corps may b

––––––––

4 42 U.S.C. 5816a has been repealed. P.L. 95–39, Title III, § 308, 91 S

P.L. 96–470, Title II, § 203(d), 94 Stat. 2243) (1980), was repealed b

Div. D, Title XLIII, Subtitle A, § 4304(b)(7), 110 Stat. 664, (1996), w

effective February 10, 1996. This section provided for financial state

Department of Energy officers and employees.

Delegation of 

functions.

Organization.

Field offices.

Seal.

Working 

capital fund.

Information 

from other 

agencies.

42 USC 5816.

Appointment 

and pay.

Experts and 

consultants.

Military 

personnel.
Administration in positions other than a position the occu

must be approved by and with the advice and consent of the 

(d) Appointment, detail, or assignment to, acceptance o

in, any appointive or other position in the Administration und

shall in no way affect the status, office, rank, or grade which 

or enlisted men may occupy or hold, or any emolument, prer

privilege, or benefit incident to or arising out of any such 

rank, or grade. A member so appointed, detailed, or assigne

subject to direction or control by his Armed Force, or any o

directly or indirectly, with respect to the responsibilities ex

position to which appointed, detailed, or assigned.

(e) The Administrator is authorized to pay transportation 

per diem in lieu of subsistence expenses, in accordance with 

title 5 of the United States Code for travel between places 

and duty, and while at places of duty, of persons appointed f

temporary, or seasonal services in the field service of the A

(f) The Administrator is authorized to utilize, on a reimb

the services of any personnel made available by any depart

or instrumentality, including any independent agency of the 

(g) The Administrator is authorized to establish adviso

accordance with the provisions of the Federal Advisory C

(Public Law 92-463), to advise with and make recommen

Administrator on legislation, policies, administration, resea

matters.

(h) The Administrator is authorized to employ person

citizens of the United States in expert, scientific, technical, o

capacities whenever he deems it in the public interest.

Sec. 107. Powers

(a) The Administrator is authorized to exercise his po

manner as to insure the continued conduct of research and 

and related activities in areas or fields deemed by the Admi

pertinent to the acquisition of an expanded fund of scienti

and practical knowledge in energy matters. To this end, the 

is authorized to make arrangements (including contracts, ag

loans) for the conduct of research and development activitie

or public institutions or persons, including participatio

cooperative projects of a research, development, or experim

to make payments (in lump sum or installments, 

and in advance or by way of reimbursement, with necessar

on account of overpayments or underpayments); and gen

such steps as he may deem necessary or appropriate to perf

now or hereafter vested in him such functions of the Admin

this Act as are applicable to the nuclear activities transferr

this title shall be subject to the provisions of the Atomic E

1954, as amended, and to other authority applicable to 

activities. The non-nuclear responsibilities and func

Administrator referred to in sections 103 and 104 of this 

carried out pursuant to the provisions of this Act, applic

existing immediately before the effective date of this Act, or 

with the provisions of chapter 4 of the Atomic Energy A

amended (42 USC 2051-2053).

Transportation 

and per diem.

Personnel of 

other agencies.

5 USC App. I.

Advisory 

boards.

Noncitizens.

42 USC 5817.

Research and 

development.

Contracts, etc.

42 USC 2011 

note.
provisions of Reorganization Plan Numbered 18 o

Administrator is authorized to acquire (by purchase, lease, c

or otherwise), construct, improve, repair, operate, and mai

and real property as the Administrator deems to be necessary 

of the District of Columbia. Such authority shall apply on

required for the maintenance and operation of laboratories

testing sites and facilities, quarters, and related accomm

employees and dependents of employees of the Administra

other special-purpose real property as the Administrator 

necessary in and outside the District of Columbia. Title to a

interest therein, real, personal, or mixed, acquired pursuant t

shall be in the United States.

(c)(1) The Administrator is authorized to provide, 

maintain, as necessary and when not otherwise available, the 

employees and their dependents stationed at remote location

(A) Emergency medical services and supplies.

(B) Food and other subsistence supplies.

(C) Messing facilities.

(D) Audiovisual equipment, accessories, and 

recreation and training.

(E) Reimbursement for food, clothing, medici

supplies furnished by such employees in emerge

temporary relief of distressed persons.

(F) Living and working quarters and facilities.

(G) Transportation for school-age dependents of 

the nearest appropriate education facilities.

(2) The furnishing of medical treatment under sub-

of paragraph (1) and the furnishing of services and s

paragraphs (B) and (C) of paragraph (1) shall be at pr

reasonable value as determined by the Administrator.

(3) Proceeds from reimbursements under this sec

deposited in the Treasury and may be withdrawn by the 

to pay directly the cost of such work or services, to r

advances to appropriations or funds which do or will be

of such cost, or to refund excess sums when necessary; ex

payments may be credited to a service or working 

otherwise established by law, and used under the law g

funds, if the fund is available for use by the Adm

performing the work or services for which payment is re

(d) The Administrator is authorized to acquire any of 

described rights if the property acquired thereby is for use i

to, the performance of functions vested in him;

(1) Copyrights, patents, and applications for pat

processes, specifications, and data.

(2) Licenses under copyrights, patents, and applicant

(3) Releases, before suit is brought, for past infringem

or copyrights.

(e) Subject to the provisions of chapter 12 of the Atom

of 1954, as amended (42 USC 2161-2166), and other appli

Administrator shall disseminate scientific, technical, 

information acquired pursuant to this title through informa

and other appropriate means, and shall encourage the dis

scientific, technical, and practical information relating to e

enlarge the fund of such information and to provide that fre

note.

Facilities and 

real property.

Services for 

employees at 

remote 

locations.

Acquisition of 

copyrights, 

patents, etc.

Dissemination 

of information.
(f) The Administrator is authorized to accept, hold, ad

utilize gifts, and bequests of property, both real and per

purpose of aiding or facilitating the work of the Administrat

bequests of money and proceeds from sales of other proper

gifts or bequests shall be deposited in the Treasury and shal

upon the order of the Administrator. For the purposes of Fe

estate, and gift taxes, property accepted under this sec

considered as a gift or bequest to the United States.

Sec. 108. (Repealed)

(Repealed5

)

––––––––

5 Repealed by P.L. 95–91, 91 Stat. 608 (1977). Previously, section rea

(a) There is established in the Executive Office of the President an En

Council. The Council shall be composed of the Secretary of the Inter

Administrator of the Federal Energy Administration, the Administrat

Research and Development Administration, the Secretary of State, th

Office of Management and Budget, and such other officials of the Fe

Government as the President may designate. The President shall desi

members of the Council to serve as Chairman.

(b) It shall be the duty and function of the Council to–– (1) insure communication and coordination among the agencies of th

Government which have responsibilities for the development and imp

energy policy or for the management of energy resources:

(2) make recommendations to the President and to the Congress for m

improve the implementation of Federal energy policies or the manag

resources with particular emphasis upon policies and activities involv

Departments or independent agencies; (See I)

(3) advise the President in the preparation of the reorganization recom

required by section 110 of this Act; and (See II) 

(4) insure that Federal agencies fully discharge their responsibilities u

and 508 of the National Energy Extension Service Act for coordinati

of their related activities under such Act and any other law, including 

to the Energy Policy and Conservation Act. (See III)

(5) prepare a report on national energy conservation activities which 

submitted to the President and the Congress annually, beginning on J

which shall include–– (A) a review of all Federal energy conservation expenditures and act

purpose of each such activity, the relation of the activity to national c

targets and plans, and the success of the activity and the plans for the 

years;

(B) an analysis of all conservation targets established for industry, re

transportation, and public sectors of the economy, whether the target

or whether they can be further improved, and the progress toward the

in the past year;

(C) a review of the progress made pursuant to the State energy conse

under section 361 through 366 of the Energy Policy and Conservatio

similar efforts at the State and local level, and whether further conser

carried on by the States or by local governments, and whether further 

assistance is required;

(D) a review of the principal conservation efforts in the private secto

for more widespread implementation of such efforts and the Federal 

efforts to promote more widespread use of private energy conservatio

(E) an assessment of whether existing conservation targets and goals 

bridge the gap between domestic energy production capacity and dom

needs, whether additional incentives or programs are necessary or us

gap further, and a discussion of what mandatory measures might be u

bring domestic demand into harmony with domestic supply.

The Chairman of the Energy Resources Council shall coordinate the 

the report required under paragraph (5). (See IV) 

(c) The President through the Energy Resources Council shall––

G

bequests.

42 USC 5818.
possible, but not later than June 30, 1975, suc

recommendations as he deems advisable for organization 

related functions in the Federal Government, including, but 

whether or not there shall be established (1) a Department 

Natural Resources, (2) an Energy Policy Council, and (3) a 

in whole or in part of regulatory functions concerning energ

(b) This report shall replace and serve the purposes 

required by section 15(a)(4) of the Federal Energy Adminis

Sec. 110. Coordination with Environmental Efforts

The Administrator is authorized to establish progra

research and development performed by other Federa

minimize the adverse environmental effects of energy 

Administrator of the Environmental Protection Agency, as 

affected agencies and departments, shall cooperate fu

Administrator in establishing and maintaining such prog

establishing appropriate interagency agreements to develo

programs and to avoid unnecessary duplication.

Sec. 111. Provisions Applicable to Annual Authorization 

(a) All appropriations made to the Energy Research and 

Administration or the Administrator shall, except as other

by law, be subject to annual authorization in accordance wi

of the Atomic Energy Act of 1954, section 16 of the Feder

–––––––– (1) prepare a plan for the reorganization of the Federal Government’s 

energy and natural resources, including, but not limited to, a study of

(A) the principal laws and directives that constitute the energy and na

policy of the United States;

(B) prospects of developing a consolidated national energy policy;

(C) the major problems and issues of existing energy and natural reso

organizations;

(D) the options for Federal energy and natural resource organizations

(E) an overview of available resources pertinent to energy and natura

organization;

(F) recent proposals for a national energy and natural resource policy 

States; and

(G) the relationship between energy policy goals and other national o

(2) submit to Congress ––

(A) no later than December 31, 1976, the plan prepared pursuant to s

and a report containing his recommendations for the reorganization o

Government’s responsibility for energy and natural resource matters 

such proposed legislation as he deems necessary or appropriate for th

implementation of such plans or recommendations; and

(B) not later than April 15, 1977, such revisions to the plan and repor

subparagraph (A) of this paragraph as he may consider appropriate; a

(3) provide interim and transitional policy planning for energy and na

matters in the Federal Government. (See V)

(d) The Chairman of the Council may not refuse to testify before the 

duly authorized committee thereof regarding the duties of the Counc

concerning interagency coordination of energy policy and activities.

(e) There is hereby established an Energy Conservation Subcommitte

Council which shall be chaired by the Administrator of the Energy R

Development Administration to discharge the responsibilities specifi

subsection (b)(4) of this section and other related functions associate

coordination and management of Federal efforts in the areas of energ

and energy conservation research, development and demonstration.(S

(f) This section shall be effective no later than sixty days after the en

Act or such earlier date as the President shall prescribe and publish in 

Register, and shall terminate upon enactment of a permanent departm

for energy and natural resources or not later than September 30, 1977

shall occur first. (See VII) 6 Added by P.L. 95–238, § 201, 92 Stat. 56 (1978).

Congress.

42 USC 5820.

42 USC 5821.

42 USC 2017.
appropriations made pursuant to the Act providing such 

(hereinafter in this section referred to as "annual authorizati

(b)(1) Funds appropriated pursuant to an annual authori

"Operating expenses" may be used for–

(A) the construction or acquisition of any facili

items of equipment, which may be required at locati

installations of the Administration, for the performan

development, and demonstration activities, and

(B) grants to any organization for purchase or c

research facilities.

No such funds shall be used under this subse

acquisition of land. Fee title to all such facilities 

equipment shall be vested in the United State

Administrator or his designee determines in wri

research, development, and demonstration authorize

would best be implemented by permitting fee title 

property interest to be vested in an entity other th

States; but before approving the vesting of such title 

such entity, the Administrator shall (i) transmit such d

together with all pertinent data, to the Committee o

Technology of the House of Representatives and the 

Energy and Natural Resources of the Senate and (ii) 

of thirty calendar days (not including any day in whic

of Congress is not in session because of adjournmen

three calendar days to a day certain), unless prior to 

of such period each such committee has transm

Administrator written notice to the effect that such c

no objection to the proposed action.

(2) No funds shall be used under paragraph (1) for 

major item of equipment, including collateral equip

estimated cost to the Federal Government exceeds $5,0

case of such a facility or $2,000,000 in the case of su

equipment, unless such facility or item has been previou

by the appropriate committees of the House of represent

Senate, or the Administrator–

(A) transmit to the appropriate committees of 

Representatives and the Senate a report on such fa

showing its nature, purpose, and estimated cost, and

(B) waits a period of thirty calendar days (not incl

in which either House of Congress is not in sessio

adjournment of more than three calendar days to a 

unless prior to the expiration of such period each su

has transmitted to the Administrator written notice to 

such committee has no objection to the proposed act

(c)(1) Not to exceed 1 per centum of all funds appropriat

any annual authorization Act for "Operating expenses" may 

Administrator to construct, expand, or modify laborator

facilities, including the acquisition of land, at any locat

control of the Administrator, if the Administrator determine

action would be necessary because of changes in the natio

authorized to be funded by such Act or because the new 

engineering developments, and (B) deferral of such ac

enactment of the next authorization Act would be inconsi

policies established by Congress for the Administration.

Operating 

expenses, 

appropriations.

Report to 

congressional 

committees.

Expenditure 

limitations.

Report to 

congressional 

committees.

Limitation.

Report, 

transmittal to 

congressional 

committees.
(A) a period of thirty calendar days (not includi

which either House of Congress is not in sessio

adjournment of more than three calendar days to a da

passed after the Administrator has transmitted to th

committees of the House of Representatives and 

written report containing a full and complete stateme

(i) the nature of the construction, expansion, or 

involved, (ii) the cost thereof, including the cost of 

action pertaining thereto, and (iii) the reaso

construction, expansion, or modification is necessa

national interest, or

(B) each such committee before the expiration o

has transmitted to the Administrator a written notic

that such committee has no objection to the proposed 

except that this paragraph shall not apply to any proj

estimated total cost of which does not exceed $50,00

(d)(1) Except as otherwise provided in the authorization 

(A) no amount appropriated pursuant to 

authorization Act may be used for any program in 

amount actually authorized for that particular program 

and

(B) no amount appropriated pursuant to 

authorization Act may be used for any program whic

presented to, or requested of the Congress, unless (

thirty calendar days (not including any day in which 

of Congress is not in session because of adjournmen

three calendar days to a day certain) has passed after 

the appropriate committees of the House of Represen

Senate of notice given by the Administrator contain

complete statement of the action proposed to be take

and circumstances relied upon in support of such pro

or (ii) each such committee before the expiration of s

transmitted to the Administrator written notice to t

such committee has no objection to the proposed act

(2) Notwithstanding any other provision of this s

authorization Act involved, the aggregate amount ava

within the categories of coal, petroleum and natural gas, o

geothermal nuclear energy (non-weapons), environme

and conservation from sums appropriated pursuant 

authorization Act may not, as a result of reprogramming

by more than 10 per centum of the total of the sums 

pursuant to such Act for those categories.

(e) Subject to the applicable requirements and limit

section and the authorization Act involved, when so sp

appropriation Act, amounts appropriated pursuant to 

authorization Act for "Operating expenses" or for "Plan

equipment" may be merged with any other amounts approp

purposes pursuant to any other Act authorizing appropri

Administration: Provided, That no such amounts appropria

and capital equipment" may be merged with amounts ap

"Operating expenses."

(f) When so specified in an appropriation Act, amount

pursuant to any annual authorization Act for "Operating ex

"Plant and capital equipment" may remain available until ex

Report, 

transmittal to 

congressional 

committees. 

Notice.

Funds merger, 

limitations.
construction project has been included in a proposed auth

transmitted to the Congress by the Administration, 

Administration determines that the project is of such urgen

meet the needs of national defense or protection of life an

health and safety that construction of the project shoul

promptly upon enactment of legislation appropriating 

construction.

(h) When so specified in appropriation Acts, any money

the Administration may be retained and used for operating 

may remain available until expended, notwithstanding the 

section 3617 of the Revised Statutes (31 USC 484); except 

(1) this subsection shall not apply with respect to s

from disposal of property under the Atomic Energy Com

1955 or the Strategic and Critical Materials Stockp

amended, or with respect to fees received for tests or 

under the Act of May 16, 1910, as amended (42 USC 2

98h; 30 USC 7); and

(2) revenues received by the Administration from th

of uranium shall (when so specified) be retained and 

specific purpose of offsetting costs incurred by the Adm

providing uranium enrichment service activities.

(i) When so specified in an appropriation Act, transfers 

the "Operating expenses" appropriation made pursuant 

authorization Act may be made to other agencies of the G

the performance of the work for which the appropriation is 

such cases the sums so transferred may be merged with the 

to which they are transferred.7

Title II–Nuclear Regulatory Commission; Nuclear Wh

Protection8

Sec. 201. Establishment and Transfers

(a)(1) There is established an independent regulator

to be known as the Nuclear Regulatory Commission w

composed of five members, each of whom shall be a 

United States. The President shall designate one m

Commission as Chairman thereof to serve as such durin

of the President. The Chairman may from time to time 

other member of the Commission as Acting Chairman 

place and stead of the Chairman during his absence. The 

the Acting Chairman in the absence of the Chairman) s

all meetings of the Commission and a quorum for the 

business shall consist of at least three members present. 

of the Commission, including the Chairman, shal

responsibility and authority in all decisions and a

Commission, shall have full access to all information r

performance of his duties or responsibilities, and shall h

Action of the Commission shall be determined by a ma

the members present. The Chairman (or Acting Cha

absence of the Chairman) shall be the official spok

Commission in its relations with the Congress, Governm

––––––––

7 Amended amended, P.L. 103–437, § 15(c)(7), 108 Stat. 4592 (1994)

8 Amended by P.L. 102–486, 106 Stat. 3124 (1992).

Funds transfer.

42 USC 5841.

Members and 

Chairman.
and shall report thereon to the Commission from time to 

Commission may direct. The Commission shall have a

which shall be judicially noticed.9

(2) The Chairman of the Commission shall be 

executive officer of the Commission, and he shall exer

executive and administrative functions of the Commiss

functions of the commission with respect to (a) the app

supervision of personnel employed under the Commissi

personnel employed regularly and full time in the immed

Commissioners other than the Chairman, and except 

provided in the Energy Reorganization Act of 197

distribution of business among such personnel 

administrative units of the Commission, and (c) 

expenditure of funds.

(3) In carrying out any of his functions under the pro

section the Chairman shall be governed by general p

Commission and by such regulatory decisions, 

determinations as the Commission may by law be autho

(4) The appointment by the Chairman of the he

administrative units under the Commission shall be 

approval of the Commission.

(5) There are hereby reserved to the Commission its 

respect to revising budget estimates and with respect t

upon the distribution of appropriated funds accord

programs and purposes.10

(b) (1) Members of the Commission shall be appo

President, by and with the advice and consent of the Sen

(2) Appointments of members pursuant to this subse

made in such a manner that not more than three me

Commission shall be members of the same political part

(c) Each member shall serve for a term of five years, eac

commence on July 1, except that of the five members first ap

Commission, one shall serve for one year, one for two years

years, one for four years, and one for five years, to be des

President at the time of appointment; and except that 

appointed to fill a vacancy occurring prior to the expiration 

which his predecessor was appointed, shall be appointed for 

of such term. For the purpose of determining the expiratio

terms of office of the five members first appointed to 

Regulatory Commission, each such term "shall" be deemed 

July 1, 1975.11

(d) Such initial appointments shall be submitted to the 

sixty days of the signing of this Act. Any individual who i

member of the Atomic Energy commission at the time of the 

this Act, and who may be appointed by the President to the 

––––––––

9 Amended by P.L. 94–79, § 201, 89 Stat. 413 (1975). 10 Amended by P.L. 94–79, § 201, 89 Stat. 413 (1975), which added ne

subparagraphs (2) through (5). 11 Amended by P.L. 94–79, §§ 202, 203, 89 Stat. 413 (1975). Before th

this subsection read as follows: 

(c) Each member shall serve for a term of five years, each such term 

July 1, except that of the five members first appointed to the Commis

serve for one year, one for two years, one for three years, one for fou

for five years, to be designated by the President at the time of appoin

42 USC 5801 

note.

Seal.

Commission

Chairman.

Functions. 

42 USC 5841.

Term of Office.

Submission of 

appointments 

to Senate.
the Atomic Energy Commission, without regard to the re

subsection (b)(2) of this section. Any subsequent appoint

individuals shall be subject to the provisions of this section.

(e) Any member of the Commission may be removed by 

for inefficiency, neglect of duty, or malfeasance in office. N

the Commission shall engage in any business, vocation, o

other than that of serving as member of the Commission.

(f) There are hereby transferred to the Commission all 

and related regulatory functions of the Atomic Energy Co

Chairman and member of the Commission, the General Coun

officers and components of the Commission–which funct

components, and personnel are excepted from the tr

Administrator by section 104(c) of this Act.

(g) In addition to other functions and personnel tran

Commission, there are also transferred to the Commission–

(1) the functions of the Atomic Safety and Licensin

and the Atomic Safety and Licensing Appeal Board;

(2) such personnel as the Director of the Office of Ma

Budget determines are necessary for exercising respons

section 205, relating to, research, for the purpose of 

assessment relating to licensing and other regulatio

provisions of the Atomic Energy Act of 1954, as amend

Act.12

Sec. 202. Licensing and Related Regulatory Functions R

Selected Administration Facilities

Notwithstanding the exclusions provided for in section 

other provisions of the Atomic Energy Act of 1954, as ame

2140(a)), the Nuclear Regulatory Commission shall, excep

specifically provided by section 110 b. of the Atomic Energ

as amended (42 USC 2140(b)), or other law, have licensin

regulatory authority pursuant to chapters 6, 7, 8, and 10 o

Energy Act of 1954, as amended, as to the following fa

Administration:

(1) Demonstration Liquid Metal Fast Breeder r

operated as part of the power generation facilities of an 

system, or when operated in any other manner for th

demonstrating the suitability for commercial applicat

reactor.

(2) Other demonstration nuclear reactors–except tho

on the effective date of this Act–when operated as part 

generation facilities of an electric utility system, or wh

any other manner for the purpose of demonstrating the 

commercial application of such a reactor.

(3) Facilities used primarily for the receipt and storag

radioactive wastes resulting from activities licensed und

(4) Retrievable Surface Storage Facilities and o

authorized for the express purpose of subsequent long-te

high-level radioactive waste generated by the Adminis

are not used for, or are part of, research and developmen

(5) Any facility under a contract with and for the a

Department of Energy that is utilized for the expre

––––––––

12 P.L. 95–209, § 2, 91 Stat. 1482 (1977), added a new subsection h, wh

subsequently deleted by P.L. 99–386, 100 Stat. 822 (1986).

Transfer of 

AEC functions 

and personnel 

Additional 

transfers.

42 USC 5842.

42 USC 2071-

2112.

42 USC 2131-

2140.
any such facility that is utilized for research, 

demonstration, testing, or analysis purposes.13

Sec. 203. Office of Nuclear Reactor Regulation

(a) There is hereby established in the Commission an Off

Reactor Regulation under the direction of a Director of Nu

Regulation, who shall be appointed by the Commission, w

directly to the Commission, as provided in section 209, a

serve at the pleasure of and be removable by the Commissio

(b) Subject to the provisions of this Act, the Directo

Reactor Regulation shall perform such functions as the Com

delegate including:

(1) Principal licensing and regulation involving all 

materials licensed under the Atomic Energy Act of 1954

associated with the construction and operation of nu

licensed under the Atomic Energy Act of 1954, as amen

(2) Review the safety and safeguards of all su

materials, and activities, and such review functions sha

not be limited to–

(A) monitoring, testing and recommending 

systems designed to prevent substantial health or s

and

(B) evaluating methods of transporting specia

other nuclear materials and of transporting and stor

radioactive wastes to prevent radiation hazards to e

the general public.

(3) Recommend research necessary for the disc

functions of the Commission.

(c) Nothing in this section shall be construed to limit in 

functions of the Administration relating to the safe op

facilities resulting from all activities within the jurisd

Administration pursuant to this Act.

Sec. 204. Office of Nuclear Material Safety and Safeguar

(a) There is hereby established in the Commission an Off

Material Safety and Safeguards under the direction of 

Nuclear Material Safety and Safeguards, who shall be app

Commission, who may report directly to the Commission a

section 209, and who shall serve at the pleasure of and be 

the Commission.

(b) Subject to the provisions of this Act, the Directo

Material Safety and Safeguards shall perform such fun

Commission shall delegate including: 

(1) Principal licensing and regulation involving all 

materials, licensed under the Atomic Energy Act of 1954

associated with the processing, transport, and handli

materials, including the provision and maintenance 

against threats, thefts, and sabotage of such licensed 

materials.

(2) Review safety and safeguards of all such facilities 

licensed under the Atomic Energy Act of 1954, as amen

review shall include, but not be limited to–

––––––––

13 Amended by P.L. 105–261, Div. C, Title XXXI, Subtitle C, § 3134(a

(1998).

42 USC 5843.

Director.

Establishment.

Functions.

42 USC 2011 

note.

42 USC 5844.

Director.

Establishment.

Functions.

42 USC 2011 

note.
materials licensed under the Atomic Energy Act 

amended:

(B) developing, in consultation and coordina

Administration, contingency plans for dealing with 

and sabotage relating to special nuclear materia

radioactive wastes and nuclear facilities resulting from 

licensed under the Atomic Energy Act of 1954, as am

(C) assessing the need for, and the feasibility of, 

security agency within the office for the perform

safeguards functions, and a report with recommend

matter shall be prepared within one year of the effecti

Act and promptly transmitted to the Congress by the 

(3) Recommending research to enable the Commi

effectively perform its functions.

(c) Nothing in this section shall be construed to limit in 

functions of the Administration relating to the safeguard

nuclear materials, high-level radioactive wastes and nuc

resulting from all activities within the jurisdiction of the A

pursuant to this Act.

Sec. 205. Office of Nuclear Regulatory Research

(a) There is hereby established in the Commission an Off

Regulatory Research under the direction of a Directo

Regulatory research, who shall be appointed by the Commis

report directly to the Commission as provided in section 

shall serve at the pleasure of and be removable by the Comm

(b) Subject to the provisions of this Act, the Directo

Regulatory Research shall perform such functions as the Com

delegate including:

(1) Developing recommendations for research deem

for performance by the Commission of its licensin

regulatory functions.

(2) Engaging in or contracting for research which th

deems necessary for the performance of its licensin

regulatory functions.

(c) The Administrator of the Administration and the 

other Federal agency shall–

(1) cooperate with respect to the establishment of pr

furnishing of such research services as requested by the 

for the conduct of its functions;

(2) furnish to the Commission, on a reimbursable 

their own facilities or by contract or other arrangement, 

services as the Commission deems necessary and req

performance of its functions; and

(3) consult and cooperate with the Commission on 

development matters of mutual interest and provide suc

and physical access to its facilities as will assist the C

acquiring the expertise necessary to perform its licensin

regulatory functions.

(d) Nothing in subsections (a) and (b) of this section or 

this Act shall be construed to limit in any way the fun

Administration relating to the safety of activities within the 

the Administration.

Report to 

Congress.

42 USC 5845.

Director.

Establishment.

Functions.

Cooperation of 

Federal agencies.
services, on a reimbursable basis, as it may have or be reas

acquire.

(f)14 The Commission shall develop a long-term plan fo

the development of new or improved safety systems for n

plants.

Sec. 206. Noncompliance

(a) Any individual director, or responsible office

constructing, owning, operation, or supplying the compo

facility or activity which is licensed or otherwise regulated p

Atomic Energy Act of 1954 as amended, or pursuant to 

obtains information reasonably indicating that such facility 

basic components supplied to such facility or activity–

(1) fails to comply with the Atomic Energy Act 

amended, or any applicable rule, regulation, order, or 

Commission relating to substantial safety hazards, or

(2) contains a defect which could create a substantial 

as defined by regulations which the Commission shal

shall immediately notify the Commission of such failure 

of such defect, unless such person has actual knowl

Commission has been adequately informed of such defe

comply.

(b) Any person who knowingly and consciously fails t

notice required by subsection (a) of this section shall be sub

penalty in an amount equal to the amount provided by sect

Atomic energy Act of 1954, as amended.

(c) The requirements of this section shall be prominently 

premises of any facility licensed or otherwise regulated p

Atomic Energy Act of 1954, as amended.

(d) The Commission is authorized to conduct suc

inspections and other enforcement activities as need

compliance with the provisions of this section.

Sec. 207. Nuclear Energy Center Site Survey

(a)(1) The Commission is authorized and directed to ma

be made under its direction, a national survey, which 

consideration of each of the existing or future electric relia

or other appropriate regional areas, to locate and identify po

energy center sites. This survey shall be conducted in coo

other interested Federal, State, and local agencies, and 

interested persons, including electric utilities, citizens’ group

shall be solicited and considered.

(2) For purposes of this section, the term "nuclear 

site" means any site, including a site not restricted to land

to support utility operations or other elements of the tot

cycle, or both including, if appropriate, nuclear fuel 

facilities, nuclear fuel fabrication plants, retrievable 

storage facilities, and uranium enrichment facilities.

(3) The survey shall include–

(a) a regional evaluation of natural resources, in

air, and water resources, available for use in co

nuclear energy center sites; estimates of future e

requirements that can be served by each nuclear ener

an assessment of the economic impact of each nucle

––––––––

14 Added by P.L. 95–209, § 4, 91 Stat. 1482 (1977).

42 USC 5845.

Improved safety 

systems research.

Long-term plan 

development.

42 USC 5846.

42 USC 2011 

note.

42 USC 2282.

Penalty.

42 USC 2011 

note.

Posting of 

requirements. enforcement.

42 USC 5847.

Federal-Statelocal

cooperation.

Solicitation of

views.

Definition.
centers and to other elements of the fuel cycle, tran

rights-of-way, and the availability of other fuel reso

(b) an evaluation of the environmental impact l

from construction and operation of such nuclear e

including an evaluation whether such nuclear energ

result in greater or lesser environmental impact than 

of the reactors and/or fuel cycle facilities; and

(c) consideration of the use of federally owned 

other property designated for public use, but exclu

parks, national forests, national wilderness areas, 

historic monuments.

(4) A report of the results of the survey shall be 

transmitted to the Congress and the Council on Environm

not later than one year from the date of the enactment o

shall be made available to the public, and shall be upda

to time thereafter as the Commission, in its discretion, dee

The report shall include the Commission’s evaluation of 

the survey and any conclusions and recommendatio

recommendations for legislation, which the Commissi

concerning the feasibility and practicality of locating n

reactors and/or other elements of the nuclear fuel cyc

energy center sites. The Commission is authorized to 

which will encourage the location of nuclear power react

fuel cycle facilities on nuclear energy center sites insofar 

Sec. 208. Abnormal Occurrence Reports

The Commission shall submit to the Congress an annua

for the previous fiscal year any abnormal occurrences at or a

any facility which is licensed or otherwise regulated pu

Atomic Energy Act of 1954 as amended, or pursuant to thi

purposes of this section an abnormal occurrence is an unsche

or event which the Commission determines is signific

standpoint of public health or safety. Nothing in the prece

shall limit the authority of a court to review the determ

Commission. Each such report shall contain–

(1) the date and place of each occurrence;

(2) the nature and probable consequence of each occ

(3) the cause or causes of each; and

(4) any action taken to prevent reoccurrence; 

the Commission shall also provide as wide dissemination to 

the information specified in clauses (1) and (2) of this section 

possible within fifteen days of its receiving information of e

occurrence and shall provide as wide dissemination to 

reasonably possible of the information specified in clauses 

soon as such information becomes available to it.15

Sec. 209. Other Officers

(a) The Commission shall appoint an Executive 

Operations, who shall serve at the pleasure of and be rem

Commission.

(b) The Executive Director shall perform such fun

Commission may direct, except that the Executive Director 

the authority of the director of any component organizatio

this Act to communicate with or report directly to the Com

––––––––

15 Amended by P.L. 104–66, Title II, Subtitle Q, § 2171, 109 Stat. 731 

Report to 

Congress and 

Council on 

Environmental 

Quality; public 

availability.

42 USC 5848.

Reports to 

Congress.

42 USC 2011 

note.

Public 

dissemination 

of information.

42 USC 5849.

Executive 

Director.

Functions.
director shall keep the Executive Director fully and curre

concerning the content of all such direct communicati

Commission.16

(c) The Executive Director shall report to the Co

semiannual public meetings on the problems, progress, and 

Commission’s equal employment opportunity efforts.17

(d)18 The Executive Director shall prepare and fo

Commission an annual report (for the fiscal year 1978 and ea

fiscal year) on the status of the Commission’s program

domestic safeguards matters including an assessment of the 

and adequacy of safeguards at facilities and activities lic

Commission The Commission shall forward to the Congress 

this section prior to February 1, 1979, as a separate documen

February 1 of each succeeding year as a separate ch

Commission’s annual report (required under section 307(c) 

Reorganization Act of 1974) following the fiscal year to whi

applies.

(e)19 There shall be in the Commission not more than f

officers appointed by the Commission. The positions of such 

be considered career positions and be subject to subsection 

Atomic Energy Act.

Sec. 210. Unresolved Safety Issues Plan20

The Commission shall develop a plan providing for the 

and analysis of unresolved safety issues relating to nuclea

shall take such action as may be necessary to implem

measures with respect to such issues. Such plans shall be su

Congress on or before January 1, 1978, and progress re

included in the annual report of the Commission thereafter.

Sec. 211. Employee Protection21

(a)(1) No employer may discharge any employee 

discriminate against any employee with respect to his c

terms, conditions, or privileges of employment because the 

any person acting pursuant to a request of the employee)–

(A) notified his employer of an alleged violation 

the Atomic Energy Act of 1954 (42 USC 2011 et seq

(B) refused to engage in any practice made unlaw

or the Atomic Energy Act of 1954, if the employee 

the alleged illegality to the employer;

(C) testified before Congress or at any Fed

proceeding regarding any provision (or proposed pro

Act or the Atomic Energy Act of 1954;

––––––––

16 Amended by P.L. 95–601, § 4(a), 92 Stat. 2949 (1978). 17 Amended by P.L. 95–601, § 4(b), 92 Stat. 2949 (1978), by adding a n

subsection (c) and redesignating it as subsection (e). 18 Added by P.L. 95–601, § 6, 92 Stat. 2949 (1978). As a result of P.L. 

109 Stat. 734 (1995), reporting requirements ceased to be effective a

December 21, 1999. 19 Amended by P.L. 95–601, § 4(b), 92 Stat. 2949 (1978). Formerly, su

footnote 17. 20 Added by P.L. 95–209, § 3, 91 Stat. 1482 (1977). 21 Sec. 211, formerly Sec. 210, was added by P.L. 95–601, 92 Stat. 295

renumbered as Sec. 211 by P.L. 102–486, 106 Stat 3123 (1992).

Equal 

employment 

opportunity, 

report Annual status 

report.

Report to 

Congress.

42 USC 5877.

Other officers.

42 USC 5850.

Progress 

reports.

Submittal to 

Congress.

42 USC 5851.
or the Atomic Energy Act of 1954, as amended, or a p

the administration or enforcement of any requirem

under this Act or the Atomic Energy Act of 1954, as 

(E) testified or is about to testify in any such proc

(F) assisted or participated or is about to assist or 

any manner in such a proceeding or in any other ma

proceeding or in any other action to carry out the pu

Act or the Atomic Energy Act of 1954, as amended.

(2) For purposes of this section, the term "employer" 

(A) a licensee of the Commission or of an Ag

under section 274 of the Atomic Energy Act of 1

2021);

(B) an applicant for a license from the Commiss

Agreement State;

(C) a contractor or subcontractor of such a license

(D) a contractor or subcontractor of the Departm

that is indemnified by the Department under section 

Atomic Energy Act of 1954 (42 USC 2210(d)), but s

not include any contractor or subcontractor covered 

Order No. 12344;

(E) a contractor or subcontractor of the Commiss

(F) the Commission; and

(G) the Department of Energy.22

(b)(1) Any employee who believes that he has been 

otherwise discriminated against by any person in violation 

(a) may, within 180 days after such violation occurs, file 

person file on his behalf) a complaint with the Secretary of 

section referred to as the "Secretary") alleging such 

discrimination. Upon receipt of such a complaint, the Secreta

the person named in the complaint of the filing of the c

Commission and the Department of Energy.

(2)(A) Upon receipt of a complaint filed under para

Secretary shall conduct an investigation of the violat

the complaint. Within thirty days of the receipt of su

the Secretary shall complete such investigation and 

writing the complainant (and any person acting in h

the person alleged to have committed such violation 

of the investigation conducted pursuant to this 

Within ninety days of the receipt of such complaint 

shall, unless the proceeding on the complaint is term

Secretary on the basis of a settlement entered into by 

and the person alleged to have committed such viola

order either providing the relief prescribed by subpar

denying the complaint. An order of the Secretary sha

the record after notice and notice and opportuni

hearing. Upon the conclusion of such hearing and the 

recommended decision that the complaint has merit, 

shall issue a preliminary order providing the relief 

subparagraph (B), but may not order compensa

pending a final order. The Secretary may not enter int

terminating a proceeding on a complaint without the 

and consent of the complainant.

––––––––

22 Sections (E), (F), and (G) added by P.L. 109–58, § 629, 119 Stat. 785 

Complaint, 

filing and 

notification.

Investigation 

and notification.
the Secretary shall order the person who committed 

to (i) take affirmative action to abate the violation, an

the complainant to his former position togeth

compensation (including back pay), terms, co

privileges of his employment, and the Secretary m

person to provide compensatory damages to the com

order is issued under this paragraph, the Secretary, at 

the complainant shall assess against the person agai

order is issued a sum equal to the aggregate amount o

expenses (including attorneys’ and expert witness fe

incurred, as determined by the Secretary, by the co

or in connection with, the bringing of the complaint u

order was issued.

(3) (A) The Secretary shall dismiss a complain

paragraph (1), and shall not conduct the investiga

under paragraph (2), unless the complainant has made 

showing that any behavior described in subparagraph

(F) of subsection (a)(1) was a contributing factor in th

personnel action alleged in the complaint.

(B) Notwithstanding a finding by the Secre

complainant has made the showing required by subp

no investigation required under paragraph (2) shall b

the employer demonstrates, by clear and convincing 

it would have taken the same unfavorable personne

absence of such behavior.

(C) The Secretary may determine that a violation 

(a) has occurred only if the complainant has demons

behavior described in subparagraphs (A) through (F) 

(a)(1) was a contributing factor in the unfavorable pe

alleged in the complaint.

(D) Relief may not be ordered under paragra

employer demonstrates by clear and convincing ev

would have taken the same unfavorable personnel 

absence of such behavior.

(c)(1) Any person adversely affected or aggrieved by a

under subsection (b) may obtain review of the order in the 

court of appeals for the circuit in which the violation, with re

the order was issued, allegedly occurred. The petition for re

filed within sixty days from the issuance of the Secretary’s 

shall conform to chapter 7 of title 5 of the United Stat

commencement of proceedings under this subparagraph sh

order by the court, operate as a stay of the Secretary’s order

(2) An order of the Secretary with respect to which 

have been obtained under paragraph (1) shall not be subj

review in any criminal or other civil proceeding.

(d) Whenever a person has failed to comply with an orde

subsection (b) (2), the Secretary may file a civil action in the 

district court for the district in which the violation was fou

enforce such order. In actions brought under this subsectio

courts shall have jurisdiction to grant all appropriate relief 

not limited to, injunctive relief, compensatory, and exempla

(e)(1) Any person on whose behalf an order was 

paragraph (2) of subsection (b) may commence a civil acti

person to whom such order was issued to require complia

Review.

5 USC 701 et 

seq.

Jurisdiction.
parties, to enforce such order. 

(2) The court, in issuing any final order under this su

award costs of litigation (including reasonable attorn

witness fees) to any party whenever the court determin

is appropriate.

(f) Any nondiscretionary duty imposed by this sec

enforceable in a mandamus proceeding brought under sectio

28 of the United States Code.

(g) Subsection (a) shall not apply with respect to any e

acting without direction from his or her employer (or th

agent), deliberately causes a violation of any requirement of 

the Atomic Energy Act of 1954, as amended.23

(h) This section may not be construed to expand, diminish

affect any right otherwise available to an employee under F

law to redress the employee’s discharge or other discrim

taken by the employer against the employee.

(i) The provisions of this section shall be prominently 

place of employment to which this section applies.

(j)(1) The Commission or the Department of Energy s

taking appropriate action with respect to an allegation of 

safety hazard on the basis of–

(A) the filing of a complaint under subsection 

from such allegation; or

(B) any investigation by the Secretary, or other 

this section in response to such complaint.

(2) A determination by the Secretary under this section t

of subsection (a) has not occurred shall not be consi

Commission or the Department of Energy in its determinati

a substantial safety hazard exists.

(4)24 If the Secretary has not issued a final decision with

the filing of a complaint under paragraph (1), and there is no 

such delay is due to the bad faith of the person seeking re

paragraph, such person may bring an action at law or equit

review in the appropriate district court of the United State

have jurisdiction over such an action without regard to t

controversy.

Sec. 212. Limitation on Legal Fee Reimbursement25

The Department of Energy shall not, except as required un

entered into before the date of enactment of this section, r

contractor or subcontractor of the Department for any 

expenses incurred with respect to a complaint subsequent to

(1) an adverse determination on the merits with re

complaint against the contractor or subcontractor by the D

Department of Energy’s Office of Hearings and Appea

part 708 of title 10, Code of Federal Regulations, or by 

of Labor Administrative Law Judge pursuant to section 2

or

––––––––

23 Formerly Section 201, as added by P.L. 95–601, § 10, 92 Stat. 2951 

Renumbered and amended by Pub.L. 102–486, Title XXIX, § 2902(a

(3), 106 Stat. 3123, 3124 (1992); Pub.L. 109–58, Title VI, § 629, 119 

(2005). 24 Added by P.L. 109–58, § 629(b), 119 Stat. 785 (2005). 25 Added byP.L. 109–58, § 627, 119 Stat. 784 (2005).

Litigative costs.

42 USC 2011.

Deadline.

42 USC 5853.
wrongful termination or retaliation due to the making 

protected under chapter 12 of title 5, United States Cod

of this Act, or any comparable State law, unless 

determination or final judgment is reversed upon further 

or judicial review.

Title III–Miscellaneous and Transitional Provis

Sec. 301. Transitional Provisions

(a) Except as otherwise provided in this Act, whene

functions or programs of an agency, or other body, or an

thereof, affected by this Act, have been transferred from th

other body, or any component thereof by this Act, the ag

body, or component thereof shall lapse. If an agency, or othe

component thereof, lapses pursuant to the preceding s

position and office therein which was expressly authorized 

incumbent of which was authorized to receive compensati

prescribed for an officer or position at level II, III, IV

Executive Schedule (5 USC 5313–5316), shall lapse.

(b) All orders, determinations, rules, regulations, perm

certificates, licenses, and privileges–

(1) which have been issued, made, granted, or allow

effective by the President, any Federal department or age

thereof, or by a court of competent jurisdiction, in the p

functions which are transferred under this Act, and

(2) which are in effect at the time this Act take

continue in effect according to their terms until modifie

superseded, set aside, or revoked by the President, the A

the Commission, or other authorized officials, a court 

jurisdiction, or by operation of law.

(c) The provisions of this Act shall not affect any procee

at the time this section takes effect, before the Atomic Energ

or any department or agency (or component thereof) funct

are transferred by this Act; but such proceedings, to the ex

relate to functions so transferred, shall be continued. Orders 

in such proceedings, appeals shall be taken therefrom, and p

be made pursuant to such orders, as if this Act had not been 

orders issued in any such proceedings shall continue i

;modified, terminated, superseded, or revoked by a du

official, by a court of competent jurisdiction, or by ope

Nothing in this subsection shall be deemed to prohibit the d

or modification of any such proceeding under the sam

conditions and to the same extent that such proceeding co

disconnected if this Act had not been enacted.

(d) Except as provided in subsection (f)–

(1) the provisions of this Act shall not affect suits com

to the date this Act takes effect, and

(2) in all such suits proceedings shall be had, appe

judgments rendered, in the same manner and effect as i

not been enacted.

(e) No suit, action, or other proceeding commenced by 

officer in his official capacity as an officer of any departm

functions of which are transferred by this Act, shall abate by 

enactment of this Act. No cause of action by or against any 

42 USC 5871.

Savings 

clauses.

Lapses of 

agencies and 

positions.
enactment of this Act. Causes of actions, suits, actio

proceedings may be asserted by or against the United States o

as may be appropriate and, in any litigation pending whe

takes effect, the court may at any time, on its own motion 

party, enter any order which will give effect to the prov

section.

(f) If, before the date on which this Act takes effect, any 

agency, or officer thereof in his official capacity, is a party 

under this Act any function of such department, agency

transferred to the Administrator or Commission, or any othe

such suit shall be continued as if this Act had not been ena

Administrator of Commission, or other official, as the 

substituted.

(g) Final orders and actions of any official or comp

performance of functions transferred by this Act shall be sub

review to the same extent and in the same manner as if s

actions had been make or taken by the officer, departme

instrumentality in the performance of such functions 

preceding the effective date of the Act. Any statutory require

to notices, hearings, action upon the record, or administrati

apply to any function transferred by this Act shall apply to th

of those functions by the Administrator or Commission, or 

component.

(h) With respect to any function transferred by this Act a

after the effective date of this Act, reference in any oth

department or agency, or any officer or office, the function

so transferred, shall be deemed to refer to the Admin

Administrator or Commission, or other office or official in w

vests such functions.

(i) Nothing contained in this Act shall be construed to 

abolish, or terminate any function of the President w

immediately before the effective date of this Act; or to 

abolish, or terminate his authority to perform such functio

curtail, abolish, or terminate his authority to delegate, 

terminate any delegation of functions.

(j) Any reference in this Act to any provision if law shall 

include, as appropriate, references thereto as now or hereaft

supplemented.

(k) Except as may be otherwise expressly provided in 

functions expressly conferred by this Act shall be in additio

substitution for functions existing immediately before the ef

this Act and transferred by this Act.

Sec. 302. Transfer of Personnel and Other Matters

(a) Except as provided in the next sentence, the personne

connection with, and the personnel positions, assets, liabilit

property, records, and unexpended balances of a

authorizations, allocations, and other funds employed, held

from, available to or to be made available in connection with 

and programs transferred by this Act, are, subject to secti

Budget and Accounting Procedures Act of 1950 (31 

correspondingly transferred for appropriate allocation. Perso

expressly created by law, personnel occupying those po

effective date of this Act, and personnel authorize

compensation at the rate prescribed for offices and position

42 USC 5872.
section and section 301 of this Act.

(b) Except as provided in subsection (c), transfer of 

personnel pursuant to this Act shall not cause any such em

separated or reduced in grade or compensation for one y

transfer.

(c) Any person who, on the effective date of this Act, h

compensated in accordance with the Executive Schedule 

chapter 52 of title 5 of the United States Code, and who, w

in service, is appointed in the Administration to a position 

comparable to those performed immediately preceding hi

shall continue to be compensated in his new position at no

rate provided for his previous position.

Sec. 303. Incidental Dispositions

The Director of the Office of Management and Budget is 

make such additional incidental dispositions of personn

positions, assets, liabilities, contracts, property, records, an

balances of appropriations, authorizations, allocations, an

held, used, arising from, available to or to be made available 

with functions transferred by this Act, as he may deem 

appropriate to accomplish the intent and purpose of this Act

Sec. 304. Definitions

As used in this Act–

(1) any reference to "function" or "functions" shall b

to include references to duty, obligation, powe

responsibility, right, privilege, and activity, or the plural t

case may be; and

(2) any reference to "perform" or "performance", 

relation to functions, shall be deemed to include the exer

authority, rights, and privileges.

Sec. 305. Authorizations of Appropriations

(a) Except as otherwise provided by law, appropriation

this Act shall be subject to an annual authorization.

(b) Authorization of appropriations to the Commission s

need for effective licensing and other regulation of the n

industry in relation to the growth of such industry.

Sec. 306. Comptroller General Audit

(a) Section 166. "Comptroller General Audit" of the A

Act of 1954, as amended, shall be deemed to be applicable

to the nuclear and nonnuclear activities under title I and to 

under title II.

(b) The Comptroller General of the United States shall 

and evaluate the implementation of the provisions of title II 

the Nuclear Safety and Licensing Commission not later than 

after the effective date of this Act, the Comptroller Genera

and submit to the Congress a report on his audit, which sha

not be limited to–

(1) an evaluation of the effectiveness of the licensin

regulatory activities of the Commission and the ope

Office of Nuclear Safety Research and the Bureau of Nuc

Security;

(2) an evaluation of the effect of such Commission ac

efficiency, effectiveness, and safety with which the acti

under the Atomic Energy Act of 1954, as amended, are 

42 USC 5873.

42 USC 5874.

42 USC 5875.

42 USC 5876.

42 USC 2206.

Report to 

Congress.
of title II.

Sec. 307. Reports26

(a) The Administrator shall, as soon as practicable after t

fiscal year, make a report to the President for submission to 

on the activities of the Administration during the precedin

Such report shall include a statement of the short-range a

goals, priorities, and plans of the Administration toge

assessment of the progress made toward the attainment of o

toward the more effective and efficient management of the A

and the coordination of its functions.

(b) During the first year of operation of the Admin

Administrator, in collaboration with the Secretary of D

conduct a thorough review of the desirability and feasibility 

to the Department of Defense or other Federal agencies th

the Administrator respecting military application and restri

within one year after the Administrator first takes office, the 

shall make a report to the President, for submission to the Co

forth his comprehensive analysis, the principal alternat

specific recommendations of the Administrator and the 

Defense.

(c) The Commission shall, as soon as practicable after th

fiscal year, make a report to the President for submission to 

on the activities of the Commission during the preceding fis

report shall include a clear statement of the short-range a

goals, priorities, and plans of the Commission as they relate t

costs, and risks of commercial nuclear power. Such rep

include a clear description of the Commission’s activities a

the following areas–

(1) insuring the safe design of nuclear power pla

licensed facilities;

(2) investigating abnormal occurrences and defec

power plants and other licensed facilities;

(3) safeguarding special nuclear materials at all 

nuclear fuel cycle;

(4) investigating suspected, attempted, or actual th

nuclear materials in the licensed sector and developin

plans for dealing with such incidents;

(5) insuring the safe, permanent disposal of high-lev

wastes through the licensing of nuclear activities and fac

(6) protecting the public against the hazards 

radioactive emissions from licensed nuclear activities an

Sec. 308. Information to Committees

The Administrator shall keep the appropriate 

committees fully and currently informed with respect 

Administration’s activities.

Sec. 309. Transfer of Funds

The Administrator, when authorized in an appropriation 

any fiscal year, transfer funds from one appropriation to ano

Administration; except, that no appropriation shall be eithe

––––––––

26 The requirements of this section are included in the reporting provisi

section 657 of the Department of Energy Reorganization Act, P.L. 95

42 U.S.C. 7267.

42 USC 5877.

Administration 

activities and 

progress.

Reports to the 

President and 

Congress.

Feasibility of 

transferring 

military 

application 

functions.

Commission 

activities and 

findings.

42 USC 5878.

42 USC 5879.
Sec. 310. Conforming Amendments to Certain Other La

Subchapter II (relating to Executive Schedule pay rates) 

of title 5, United States Code, is amended as follows:

(1) Section 5313 is amended by striking out "(8) Chai

Energy Commission," and inserting in lieu thereof "(

Nuclear Regulatory Commission," and by adding at the e

following:

(22) Administrator of Energy Research and 

Administration.

(2) Section 5314 is amended by striking out "(4

Atomic Energy Commission." and inserting in lieu 

Members, Nuclear Regulatory Commission.", and by add

thereof the following:

(60) Deputy Administrator, Energy Research and 

Administration.

(3) Section 5315 is amended by striking out paragrap

by adding at the end thereof the following:

(100) Assistant Administrator, Energy Research and 

Administration (6).

(101) Director of Nuclear Reactor Regulation, Nucle

Commission.

(102) Director of Nuclear Material Safety and Safegu

Regulatory Commission.

(103) Director of Nuclear Regulatory Research, Nucle

Commission.

(104) Executive Director for Operations, Nuclea

Commission.

(4) Section 5316 is amended by striking out paragraphs (2

and (102), by striking out "(81), General Counsel of the A

Commission," and inserting in lieu thereof "(81) General C

Nuclear Regulatory Commission.", and by adding at the e

following:

(134) General Counsel, Energy Research and 

Administration.

(135) Additional officers, Energy Research and 

Administration (8).

(136) Additional officers, Nuclear Regulatory Commiss

Sec. 311. Separability

If any provision of this Act, or the application thereof to 

circumstance, is held invalid, the remainder of this Act, and t

of such provision to other persons or circumstances, shall n

thereby.

Sec. 312. Effective Date and Interim Appointments

(a) This Act shall take effect one hundred and twenty 

date of its enactment, or on such earlier date the President 

and publish in the Federal Register; except that any of the off

for in title I of this Act may be nominated and appointed, a

this Act, at any time after the date of enactment of this Act. F

to any department or agency (or any official or component 

functions of which are transferred to the Administr

Commission by this Act, may, with the approval of the Pres

to pay the compensation and expenses of any officer appo

to this subsection until such time as funds for that purpose 

available.

5 USC 5313.

5 USC 5314.

5 USC 5315.

5 USC 5316.

42 USC 5801

note.

42 USC 5801 

note.

Publication in 

Federal 

Register.
office on the effective date of this Act, the President may 

officer, whose appointment was required to be made by 

advice and consent of the Senate and who was such an office

prior to the effective date of this Act, to act in such office u

is filled as provided in this Act. While so acting, such person

compensation at the rates provided by this Act for the respec

which they act.

Title IV–Sex Discrimination

Sec. 401. Sex Discrimination Prohibited

No person shall on the ground of sex be excluded from 

in, be denied a license under, be denied the benefits of, or b

discrimination under any program or activity carried on 

Federal assistance under any title of this Act. This prov

enforced through agency provisions and rules similar to 

established, with respect to racial and other discrimination, 

of the Civil Rights Act of 1964. However, this remedy is not 

will not prejudice or cut off any other legal remedies a

discriminate.

42 USC 5891.

42 USC 2000d.

5. Reorganization Plan of 1980 and 

Documents Pertaining to NRC 

Jurisdiction
5
Contents

A. REORGANIZATION PLAN NO. 1 OF 1980........................

Nuclear Regulatory Commission ........................................................

Sec. 1..........................................................................................

Sec. 2..........................................................................................

Sec. 3..........................................................................................

Sec. 4..........................................................................................

Sec. 5..........................................................................................

B. REORGANIZATION PLAN NO. 3 OF 1970 ........................

Title III–The President ........................................................................

Environmental Protection Agency......................................................

Sec. 1. Establishment of Agency..............................................

Sec. 2. Transfers to Environmental Protection Agency ........

Sec. 3. Performance of Transferred Functions......................

Sec. 4. Incidental Transfers.....................................................

Sec. 5. Interim Officers............................................................

Sec. 6. Abolitions ......................................................................

Sec. 7. Effective Date................................................................

C. EXECUTIVE ORDER 11834—ACTIVATION OF THE EN

RESEARCH AND DEVELOPMENT ADMINISTRATION 

NUCLEAR REGULATORY COMMISSION.................

Activation of the Energy Research and Development Administrati

and the Nuclear Regulatory Commission...........................

Sec. 1..........................................................................................

Sec. 2..........................................................................................

Sec. 3..........................................................................................

D. OMB MEMORANDUM REGARDING RESPONSIBILITY 

SETTING RADIATION PROTECTION STANDARDS....

E. PRESIDENT'S COMMISSION ON THE ACCIDENT AT 

MILE ISLAND .........................................................................

py 

of Representatives in Congress assembled March 27, 1980,

the provisions of chapter 9 of title 5 of the United States Co

Nuclear Regulatory Commission

 

Sec 1. (a) Those functions of the Nuclear Regulatory 

hereinafter referred to as the “Commission,” concerned with

(1) policy formulation;

(2) rulemaking, as defined in section 553 of title 5 

States Code, except that those matters set forth in 553

which do not pertain to policy formulation orders or adju

be reserved to the Chairman of the Commission;

(3) orders and adjudications, as defined in section 5

of title 5 of the United States Code;

shall remain vested in the Commission. The Com

determine by majority vote, in an area of doubt, whether any 

question or area of inquiry pertains to one of these f

performance of any portion of these functions may be del

Commission to a member of the Commission, including the 

the Nuclear Regulatory Commission, hereinafter referr

"Chairman", and to the staff through the Chairman.

(b)(1) With respect to the following officers or successo

established by statute or by the Commission, the Chairman 

the appointment, subject to the approval of the Commis

Chairman or a member of the Commission may initiate 

removal, subject to the approval of the Commission:

(i) Executive Director for Operations,

(ii) General Counsel,

(iii) Secretary of the Commission,

(iv) Director of the Office of Policy Evaluatio

(v) Director of the Office of Inspector and Au

(vi) Chairman, Vice Chairman, Executive S

Members of the Atomic Safety and Licensing Bo

(vii) Chairman, Vice Chairman and Members 

Safety and Licensing Appeal Panel.

(2) With respect to the following officers or successo

established by statute or by the Commission, the Ch

consultation with the Executive Director for Operations

the appointment, subject to the approval of the Commi

Chairman, or a member of the Commission may initiate 

removal, subject to the approval of the Commission:

(i) Director of Nuclear Reactor Regulation,

(ii) Director of Nuclear Material Safety and S

(iii) Director of Nuclear Regulatory Research

(iv) Director of Inspection and Enforcement.

(v) Director of Standards Development.

––––––––

1 As amended May 5, 1980. See House Document No. 96–307, Amend

Reorganization Plan No. 1 of 1980, Message from the President of th

2 This Reorganization Plan was originally approved under special Con

procedures; the Supreme Court decision in Immigration & Naturaliza

Chadha (462 US 919 (1983)) called into question the legality of this 

responded by enacting this Reorganization Plan in P.L. 98–614. 

pp
g, jpp

for appointment of the Chairman of the Advisory C

Reactor Safeguards and the term of the members shall n

by the provisions of this Reorganization Plan.

(4) The Commission shall delegate the function o

removing and supervising the staff of the followin

successor offices to the respective heads of such off

Counsel, Secretary of the Commission, Office of Polic

Office of Inspector and Auditor. The Commission shal

functions of appointing, removing and supervising th

following panels and committee to the respective Chai

Atomic Safety and Licensing Board Panel, Atomi

Licensing Appeal Panel and Advisory Committee 

Safeguards.

(c) Each member of the Commission shall continue to ap

and supervise the personnel employed in his or her immedia

(d) The Commission shall act as provided by subsectio

the Energy Reorganization Act of 1974, as amended (42 US

as amended) in the performance of its functions as described 

(a) and (b) of this section.

Sec. 2. (a) All other functions of the Commission, no

section 1 of this Reorganization Plan, are hereby trans

Chairman. The Chairman shall be the official spokes

Commission, and shall appoint, supervise, and remove, w

action by the Commission, the Directors and staff of the O

Affairs and the Office of Congressional Relations. The C

consult with the Commission as he deems appropriate in e

appointment function.

(b) The Chairman shall also be the principal executive 

Commission, and shall be responsible to the Commission f

policy planning and guidance for consideration by the Com

be responsible for the Commission for assuring that the Exec

for Operations and the staff of the Commission (other than th

staff referred to in sections (1)(b)(4), (1)(c) and (

Reorganization Plan) are responsive to the requirem

Commission in the performance of its functions; shall dete

and expenditure of funds of the Commission, in accord

distribution of appropriated funds according to major p

purposes approved by the Commission; shall present to the 

for its consideration the proposals and estimates set forth in 

of this paragraph; and shall be responsible for the follow

which he shall delegate, subject to his direction and supe

Executive Director for Operations unless otherwise pro

Reorganization Plan:

(1) administrative functions of the Commission;

(2) distribution of business among such personne

administrative units and offices of the Commission;

(3) preparation of

(i) proposals for the reorganization of the 

within the Commission;

(ii) the budget estimate for the Commission; a

(iii) the proposed distribution of approp

according to major programs and purposes.
ppp

for by subsections 1 (b), (c) and 2(a) of this Reorganizat

(c) The Chairman as principal executive officer and 

Director for Operations shall be governed by the general p

Commission and by such regulatory decisions, f

determinations, including those for reorganization prop

revisions and distribution of appropriated funds, as the Com

by law, including this Plan, be authorized to make. The Cha

Executive Director for Operations, through the Chairm

responsible for insuring that the Commission is fully 

informed about matters within its functions.

Sec. 3. (a) Notwithstanding sections 1 and 2 of this R

Plan, there are hereby transferred to the Chairman all the fu

in the Commission pertaining to an emergency concernin

facility or materials licensed or regulated by the Commiss

the functions of declaring, responding, issuing orders, determ

policies, advising the civil authorities, and the public, 

coordinating actions relative to such emergency incident.

(b) The Chairman may delegate the authority to 

emergency functions, in whole or in part, to any of the othe

the Commission. Such authority may also be delegated or re

whole or in part to the staff of the Commission.

(c) In acting under this section, the Chairman, or other m

Commission delegated authority under subsection (b), shall c

policy guidelines of the Commission. To the maximum e

under the emergency conditions, the Chairman or other m

Commission delegated authority under subsection (b), sh

Commission of actions taken relative to the emergency.

(d) Following the conclusion of the emergency, the Ch

member of the Commission delegated the emergency fu

subsection (b), shall render a complete and timely r

Commission on the actions taken during the emergency.

Sec. 4. (a) The Chairman may make such delegations an

such reporting as the Chairman deems necessary, subject to 

law and this Reorganization Plan. Any officer or employ

Commission may communicate directly to the Commissi

member of the Commission, whenever in the view of su

employee a critical problem or public health and safety or com

and security is not being properly addressed.

(b) The Executive Director for Operations shall report 

to the Chairman.

(c) The function of the Director of Nuclear Reacto

Nuclear Material Safety and Safeguards, and Nuclear Regula

of reporting directly to the Commission is hereby transferre

officers report to the Executive Director for Operations. T

receiving such reports is hereby transferred from the Com

Executive Director for Operations.

(d) The heads of the Commission level offices or succes

General Counsel, Secretary to the Commission, Offi

Evaluation, Office of Inspector and Auditor, the Atomi

Licensing Board Panel and Appeal Panel, and Advisory C

Reactor Safeguards shall continue to report directly to the Co

the Commission shall continue to receive such reports.
py, 

of title 5 of the United States Code.3

––––––––

3 See 45 FR 40561.
Prepared by the President and transmitted to the Senate and 

Representatives in Congress assembled July 9, 1970, pu

provisions of chapter 9 of title 5 of the United States Code.1 

Environmental Protection Agency

Sec. 1. Establishment of Agency

(a) There is hereby established the Environmental Prote

hereinafter referred to as the "Agency."

(b) There shall be at the head of the Agency the Admin

Environmental Protection Agency, hereinafter referred 

"Administrator." The Administrator shall be appointed by 

by and with the advice and consent of the Senate, and shall be 

at the rate now or hereafter provided for Level II of the Execu

Pay rates (5 USC 5313).

(c) There shall be in the Agency a Deputy Admini

Environmental Protection Agency who shall be appo

President, by and with the advice and consent of the Senate

compensated at the rate now or hereafter provided for Le

Executive Schedule Pay Rates (5 USC 5314). The Deputy 

shall perform such functions as the Administrator shall from 

assign or delegate, and shall act as Administrator during t

disability of the Administrator or in the event of a vacancy i

Administrator.

(d) There shall be in the Agency not to exceed f

Administrators of the Environmental Protection Agency 

appointed by the President, by and with the advice and c

Senate, and shall be compensated at the rate now or hereafte

Level IV of the Executive Schedule Pay Rates (5 USC 

Assistant Administrator shall perform such functions as the 

shall from time to time assign or delegate.

Sec. 2. Transfers to Environmental Protection Agency

(a) There are hereby transferred to the Administrator:

(1) All functions vested by law in the Secretary of th

the Department of the Interior which are administere

Federal Water Quality Administration, all functions 

transferred to the Secretary of the Interior by Reorganiz

2 of 1966 (80 Stat. 1608), and all functions vested in th

the Interior or the Department of the Interior by the F

Pollution Control Act or by provisions of law am

supplementary thereof.

(2)(i) The functions vested in the Secretary of the I

Act of August 1, 1958, 72 Stat. 479, 16 USC 742d-1 

relating to studies on the effects of insecticides, herbicid

and pesticides upon the fish and wildlife resources 

States), and (ii) the functions vested by law in the Se

––––––––

1 Effective December 2, 1970, under the provisions of section 7 of the 

2 This Reorganization Plan was originally approved under special Con

procedures; the Supreme Court decision in Immigration & Naturaliza

Chadha (462 US 919 (1983)) called into question the legality of this 

responded by enacting this Reorganization Plan in P.L. 98–614. 

5 USC App. 1.
, 

(3) The functions vested by law to the Secreta

Education, and Welfare or in the Department of Health, E

Welfare which are administered through the Environm

Service, including the functions exercised by t

components thereof:

(i) The National Air Pollution Control Admin

(ii) The Environmental Control Administratio

(A) Bureau of Solid Waste Management,

(B) Bureau of Water Hygiene,

(C) Bureau of Radiological Health,

except that functions carried out by the following comp

Environmental Control Administration of the Environm

Service are not transferred: (i) Bureau of Community E

Management, (ii) Bureau of Occupational Safety and He

Bureau of Radiological Health, insofar as the functions carr

latter Bureau pertain to (A) regulation of radiation fr

products, including electronic product radiation, (B) radiat

the healing arts, (C) occupational exposures to radiation, and 

technical assistance, and training related to clauses (A), (B)

(4) The functions vested in the Secretary of Health, E

Welfare of establishing tolerances for pesticide chemic

Federal Food, Drug, and Cosmetic Act as amended, 21 U

and 348, together with authority, in connection with 

transferred, (i) to monitor compliance with the tolera

effectiveness of surveillance and enforcement, and (

technical assistance to the States and conduct resear

Federal Food, Drug, and Cosmetic Act, as amended, a

Health Service Act, as amended.

(5) So much of the functions of the Council on E

Quality under section 204(5) of the National Environmen

of 1969 (Public Law 91-190, approved January 1, 1970, 

as pertains to ecological systems.

(6) The functions of the Atomic Energy Commiss

Atomic Energy Act of 1954, as amended, administere

Division of Radiation Protection Standards, to the ex

functions of the Commission consist of establish

applicable environmental standards for the protection 

environment from radioactive material. As used her

mean limits on radiation exposures or levels, or con

quantities of radioactive material, in the general enviro

the boundaries of locations under the control of persons 

using radioactive material.

(7) All functions of the Federal Radiation Coun

2021(h)).

(8)(i) The functions of the Secretary of Agricu

Department of Agriculture under the Federal Insecticid

and the Rodenticide Act, as amended (7 USC 135-1

functions of the Secretary of Agriculture and the D

Agriculture under section 408 (1) of the Federal Foo

Cosmetic Act, as amended (21 USC 346a (1)), and (iii) 

vested by law in the Secretary of Agriculture and the D

Agriculture which are administered through the Environm
() 

referred to in or affected by the foregoing provisions of 

is incidental to or necessary for the performance by 

Administrator of the functions transferred by those 

relates primarily to those functions. The transfers to the 

made by this section shall be deemed to include the t

authority, provided by law, to prescribe regulations rela

to the transferred functions, and (2) the functions 

Secretary of the Interior and the Secretary of Health, E

Welfare by section 169(d)(1)(b) and (3) of the Internal R

of 1954 (as enacted by section 704 of the Tax Reform A

Stat. 668); but shall be deemed to exclude the transfer o

of the Bureau of Reclamation under section 3(b)(1) 

Pollution Control Act (33 USC 466a(b)(1)).

(b) There are hereby transferred to the Agency:

(1) From the Department of the Interior, (i) the W

Control Advisory Board (33 USC 466f), together with 

and (ii) the hearing boards provided for in section 10(c)(

the Federal Water Pollution Control Act, as amend

466g(c)(4): 466g(f)). The functions of the Secretary of th

respect to being or designating the Chairman of the W

Control Advisory Board are hereby transferred to the Ad

(2) From the Department of Health, Education, and 

Air Quality Advisory Board (42 USC 1857e), toge

functions. The functions of the Secretary of Health, E

Welfare with respect to being a member and the Cha

Board are hereby transferred to the Administrator.

Sec. 3. Performance of Transferred Functions

The Administrator may from time to time make such pr

shall deem appropriate authorizing the performance of any o

transferred to him by the provisions of this reorganization 

other officer or by any organizational entity or employee, of 

Sec. 4. Incidental Transfers

(a) So much of the personnel, property, records, and 

balances of appropriations, allocations, and other funds em

held, available, or to be made available in connection with 

transferred to the Administrator or the Agency by this reorg

as the Director of the Office of Management and Budget sh

shall be transferred to the Agency at such time or times a

shall direct.

(b) Such further measures and dispositions as the Direct

Management and Budget shall deem to be necessary in orde

the transfers referred to in subsection (a) of this section shall 

in such manner as he shall direct and by such agencie

designate.

Sec. 5. Interim Officers

(a) The President may authorize any person who immed

the effective date of this reorganization plan held a po

executive branch of the Government to act as Administrator u

of Administrator is for the first time filled pursuant to the 

this reorganization plan or by recess appointment, as the cas

(b) The President may similarly authorize any such pe

Deputy Administrator, authorize any such person to act 
() y y p

capacity under the foregoing provisions of this section t

compensation attached to the office in respect of which he s

compensation, if authorized, shall be in lieu of, but not in add

compensation from the United States to which such pe

entitled.

Sec. 6. Abolitions

(a) Subject to the provisions of this reorganization plan, 

exclusive of any functions, are hereby abolished:

(1) The Federal Water Quality Administration in the 

the Interior (33 USC 466-1).

(2) The Federal Radiation Council (73 Stat. 690; 42 U

(b) Such provisions as may be necessary with respect 

any outstanding affairs shall be made by the Secretary of the 

case of the Federal Water Quality Administration and by the 

of General Services in the case of the Federal Radiation Cou

Sec. 7. Effective Date

The provisions of this reorganization plan shall take effe

after the date they would take effect under 5 USC 906(a) in 

of this section.
COMMISSION

THE WHITE HOUSE

Activation of the Energy Research and Development Ad

and the Nuclear Regulatory Commission

By virtue of the authority vested in me by the Energy R

Act of 1974 (Public Law 93-438; 88 Stat. 1233), section 30

the United States Code, and as President of the United State

it is hereby ordered:

Sec. 1. Pursuant to section 312(a) of the Energy Reorgan

1974, I hereby prescribe January 19, 1975, as the effective da

This action shall not impair in any way the activation o

Resources Council by Executive Order No. 11814 of Octob

Sec. 2. The Director of the Office of Management and 

take all steps necessary or appropriate to ensure or effectuat

provided for in the Energy Reorganization Act of 1974, the 

and Cooling Demonstration Act of 1974 (Public Law 93

1069), the Geothermal Energy Research, Develo

Demonstration Act of 1974 (Public Law 93-410; 88 Stat. 10

Energy Research, Development, and Demonstration Act of 

Law 93-473; 88 Stat. 1431), to the extent required or perm

including transfers of funds, personnel and positions, ass

contracts, property, records, and other items related to t

functions, programs, or authorities.

Sec. 3. As required by the Energy Reorganization Act 

Order shall be published in the Federal Register.

GERALD R. FORD

THE WHITE HOUSE, 

January 15, 1975.
Washington, D.C. 20503

December 7, 1973

MEMORANDUM FOR: ADMINISTRATOR TRAIN

CHAIRMAN RAY

SUBJECT: Responsibility for Setting Radiation Protectio

FROM: Roy L. Ash

Thank you for providing position papers which outline the ba

the current difference of views between your two agencie

should have the responsibility for issuing standards to defin

limits on radioactivity that may be emitted from facilities 

power industry.

It is clear, as your paper indicated, that a decision is needed 

so that the nuclear power industry and the general public wi

the responsibility lies for developing (including public p

development), promulgating and enforcing radiation protec

for various types of facilities in the nuclear power industry

the national interest, avoid confusion in this area, particularly 

power is expected to supply a growing share of the N

requirements; and it must be clear that we are assuring 

protection of the public health and the environment from rad

It is also clear from the information which you provided tha

the area of responsibility now in controversy is intimately 

direct regulatory responsibilities and capabilities of the A

Commission, responsibilities about which there is no dis

EPA has construed too broadly its responsibilities, a

Reorganization Plan No. 3 of 1970, to set "genera

environmental standards for the protection of the genera

from radioactive material."

On behalf of the President, this memorandum is to advise 

decision is that AEC should proceed with its plans for issuing 

cycle standards, taking into account the comments rece

sources, including EPA; that EPA should discontinue its pr

issuing, now or in the future, any standards for types of faci

EPA should continue, under its current authority, to have res

setting standards for the total amount of radiation in 

environment from all facilities combined in the uranium fue

ambient standard which would have to reflect AEC's find

practicability of emission controls.

EPA can continue to have a major impact upon standards fo

by AEC through EPA's review of proposed standards, durin

can bring to bear its knowledge and perspective deri

responsibility for setting ambient radiation standards.
y p
Public Papers of the Presidents of the United St

Jimmy Carter, 1979

Remarks Announcing Actions in Response to the Commi

Report. December 7, 1979.

The purpose of this brief statement this afternoon is to 

and to the public, both in this country and in other nations 

my own assessment of the Kemeny report recommendation

Mile Island accident. And I would like to add, of course, in th

some thoughts and actions of my own. 

I have reviewed the report of the Commission, which I 

investigate the accident at the Three Mile Island nuclear pow

Commission, headed by Dr. John Kemeny, found 

shortcomings in the way that both the Government and the u

regulate and manage nuclear power. 

The steps that I am taking today will help to assure that 

plants are operated safely. Safety, as it always has been and 

my top priority. 

As I've said before, in this country nuclear power is an 

of last resort. By this I meant that as we reach our goals on 

on the direct use of coal, on development of solar power 

fuels, and enhanced production of American oil and natura

reach those goals, then we can minimize our reliance on nuc

Many of our foreign allies must place much greater rel

do on nuclear power, because they do not have the vast nat

that give us so many alternatives. We must get on wi

developing alternative energy resources, and we must also 

to do this, the legislation that I have proposed to the Congr

an effort, at every level of society, to conserve energy. To co

and to develop energy resources in our country are the two 

for which we are seeking. But we cannot shut the door on 

for the United States. 

The recent events in Iran have shown us the clear, star

excessive dependence on imported oil holds for our Nation. W

every effort to lead this country to energy security. Every do

source, including nuclear power, is critical if we are to be fre

from our present over-dependence on unstable and uncert

high-priced foreign oil. 

We do not have the luxury of abandoning nuclear power 

lengthy moratorium on its further use. A nuclear power plan

35,000 barrels of oil per day, or roughly 13 million barrels o

We must take every possible step to increase the safety of 

production. I agree fully with the letter and the spirit and th

Kemeny commission's recommendations, some of which 

own power to implement, others of which rely on the Nucle

Commission, or the NRC, or the utility industry itself. 

To get the Government's own house in order, I will take 

First, I will send to the Congress a reorganization plan to 

role of the Chairman of the NRC, to clarify assignment of 

responsibility, and provide this person with the power to 

basis as a chief executive officer with authority to put 

requirements in place and to implement better procedures. 
, pp

Commission, someone from outside that agency, in the 

Kemeny commission's recommendation. In the meantim

Commissioner Ahearne, now on the NRC, to serve as the C

Ahearne will stress safety and the prompt implementation 

reforms. 

In addition, I will establish an independent advisory com

keep me and the public of the United States informed of th

the NRC and the industry in achieving and in mak

recommendations that nuclear power will be safer. 

Third, I'm transferring responsibility to the Federa

Management Agency, the FEMA, to head up all off si

activities and to complete a thorough review of emergency p

States of our country with operating nuclear reactors by Jun

Fourth, I have directed the Nuclear Regulatory Comm

other agencies of the Government to accelerate our progr

resident Federal inspector at every reactor site. 

Fifth, I'm asking all relevant Government agencies 

virtually all of the other recommendations of the Kemeny c

believe there were 44 in all. A detailed fact sheet is being 

public, and a more extended briefing will be given to 

afternoon. 

With clear leadership and improved organization, the exe

of Government and the NRC will be better able to act quickly 

issues of improved training and standards, safety procedures

Kemeny commission recommendations. But responsibi

nuclear power safer does not stop with the Federal Govern

the primary, day-by-day responsibility for safety rests 

company management and with suppliers of nuclear equipm

no substitute for technically qualified and committed peop

the construction, the operation, and the inspection of nuclear 

Personal responsibility must be stressed. Some one perso

be designated as in charge, both at the corporate level and als

plant site. The industry owes it to the American people to 

commitment to safety. 

I call on the utilities to implement the following c

building on the steps already taken, the industry must org

develop enhanced standards for safe design, operation, and c

plants. Second, the nuclear industry must work together to d

maintain in operation a comprehensive training, exam

evaluation program for operators and for supervisors. 

program must pass muster with the NRC through accred

training programs to be established. Third, control rooms in 

plants must be modernized, standardized, and simplified 

possible to permit better informed decision–making a

operating hours and, of course, during emergencies. 

I challenge our utility companies to bend every effort t

safety of nuclear power. 

Finally, I would like to discuss how we manage this tra

during which the Kemeny recommendations are being imple

are a number of new nuclear plants now awaiting operati

construction permits. Under law, the Nuclear Regulatory C

an independent agency. Licensing decisions rest with 

Regulatory Commission, and, as the Kemeny commission n
The NRC has indicated, however, that it will pause in is

licenses and construction permits in order to devote its fu

putting its own house in order and tightening up safety re

endorse this approach which the NRC has adopted, but I ur

complete its work as quickly as possible and in no even

months from today. Once we've instituted the necessary ref

safety, we must resume the licensing process promptly so 

plants we need to reduce our dependence on foreign oil ca

operated.

The steps I'm announcing today will help to ensure that 

the safety of nuclear plants. Nuclear power does have a futur

States. It's an option that we must keep open. I will join wi

and their suppliers, the Nuclear Regulatory Commission, 

departments and agencies of the Federal Government, and 

and local governments to assure that the future is a safe one

and now Dr. Frank Press, Stu Eizenstat, and John Deutc

to answer your questions about these decisions and about 

and the future of it in our country. Frank? 

NOTE: The President spoke at 2:45 p.m. in Room 45

Executive Office Building. 

Following the President's remarks, Frank Press, Director of 

Science and Technology Policy, Stuart E. Eizenstat, As

President for Domestic Affairs and Policy, and Under Secre

John .M. Deutch held a news conference on the announcem
6. Low-Level Radioactive Was
6
Contents

A. LOW-LEVEL RADIOACTIVE WASTE POLICY ACT OF 

(TITLE 1), AS AMENDED......................................................

Title I–Low-Level Radioactive Waste Policy Amendments Act of 

1985 ...........................................................................................

Sec. 101. Short Title.................................................................

Sec. 102. Amendment to the Low-Level Radioactive Waste 

Policy Act..................................................................

Sec. 1. Short Title .....................................................................

Sec. 2. Definitions .....................................................................

Sec. 3. Responsibilities for Disposal of Low-Level Radioacti

Waste..............................................................................

Sec. 4. Regional Compacts for Disposal of Low-Level Radio

Waste..............................................................................

Sec. 5. Limited Availability of Certain Regional Disposal 

Facilities During Transition and Licensing Periods...

Sec. 6. Emergency Access ........................................................

Sec. 7. Responsibilities of the Department of Energy............

Sec. 8. Alternative Disposal Methods......................................

Sec. 9. Licensing Review and Approval..................................

Sec. 10. Radioactive Waste Below Regulatory Concern .......

B. LOW-LEVEL RADIOACTIVE WASTE POLICY AMEND

ACT OF 1985 (TITLE II, INCLUDES: NW, CENTRAL

CENTRAL MIDWEST, MW, ROCKY MOUNTAIN, N

INTERSTATE COMPACTS) .................................................

Title II–Omnibus Low-Level Radioactive Waste Interstate 

Compact Consent Act............................................................

Sec. 201. Short Title .................................................................

Subtitle A–General Provisions............................................................

Sec. 211. Congressional Finding..............................................

Sec. 212. Conditions of Consent to Compacts........................

Sec. 213. Congressional Review...............................................

Subtitle B–Congressional Consent to Compacts................................

Sec. 221. Northwest Interstate Compact on Low-Level 

Radioactive Waste Management............................

Northwest Interstate Compact on Low-Level Radioactive Waste 

Management .........................................................................................

Article I–Policy and Purpose...................................................

Article II–Definitions...............................................................

Article III–Regulatory Practices.............................................

Article IV–Regional Facilities.................................................

Article V–Northwest Low–Level Waste Compact Committe

Article VI–Eligible Parties and Effective Date ......................

Article VII–Severability...........................................................

Sec. 222. Central Interstate Low-Level Radioactive Waste 

Compact .....................................................................
Article II–Definitions...............................................................

Article III–Rights and Obligations.........................................

Article IV–The Commission....................................................

Article V–Development and Operation of Regional Facilitie

Article VI–Other Laws and Regulations................................

Article VII–Eligible Parties, Withdrawal, Revocation, Entr

Into Force, Termination ......................................

Article VIII–Penalties..............................................................

Article IX–Severability and Construction..............................

Sec. 223. Southeast Interstate Low-Level Radioactive Wast

Management Compact..............................................

Southeast Interstate Low-Level Radioactive Waste Mgmt. Compa

Article I–Policy and Purpose...................................................

Article II–Definitions...............................................................

Article III–Rights and Obligations.........................................

Article IV–The Commission....................................................

Article V–Development and Operation of Facilities .............

Article VI–Other Laws and Regulations................................

Article VII–Eligible Parties; Withdrawal; Revocation; Entr

Into Force; Termination......................................

Article VIII–Penalties..............................................................

Article IX–Severability and Construction..............................

Sec. 224. Central Midwest Interstate Low-Level Radioactiv

Waste Compact..........................................................

Central Midwest Interstate Low-Level Radioactive Waste Compac

Article I–Policy and Purpose...................................................

Article II–Definitions...............................................................

Article III–The Commission....................................................

Article IV–Regional Management Plan..................................

Article V–Rights and Obligations of Party States.................

Article VI–Development and Operation of Facilities............

Article VII–Other Laws and Regulations..............................

Article VIII–Eligible Parties, Withdrawal, Revocation, Ent

into Force, Termination.....................................

Article IX–Penalties.................................................................

Article X–Severability and Construction ...............................

Sec. 225. Midwest Interstate Low-Level Radio Active Wast

Management Compact..............................................

Midwest Interstate Low-Level Radio Active Waste Mgmt. Compa

Article I–Policy and Purpose...................................................

Article II–Definitions...............................................................

Article III–The Commission....................................................

Article IV–Regional Management Plan..................................

Article V–Rights and Obligations of Party States.................

Article VI–Development and Operation of Facilities............

Article VII–Other Laws and Regulations..............................

Article VIII–Eligible Parties, Withdrawal, Revocation, Ent

into Force, Termination.....................................

Article IX–Penalties.................................................................
Compact .....................................................................

Rocky Mountain Low-Level Radioactive Waste Compact...............

Article I–Findings and Purpose ..............................................

Article II–Definitions...............................................................

Article III–Rights, Responsibilities, and Obligations............

Article IV–Board Approval of Regional Facilities................

Article V–Surcharges...............................................................

Article VI–The Board ..............................................................

Article VII–Prohibited Acts and Penalties.............................

Article VIII–Eligibility, Entry Into Effect, Congressional 

Consent, Withdrawal, Exclusion.......................

Article IX–Construction and Severability..............................

Sec. 227. Northeast Interstate Low-Level Radioactive Wast

Management Compact..............................................

Northeast Interstate Low-Level Radioactive Waste Mgmt. Compa

Article I–Policy and Purpose...................................................

Article II–Definitions...............................................................

Article III–Rights and Obligations.........................................

Article IV–The Commission....................................................

Article V–Host State Selection and Development and Opera

of Regional Facilities ...............................................

Article VI–Other Laws and Regulations................................

Article VII–Eligible Parties, Withdrawal, Revocation, Entr

Force, Termination ..............................................

Article VIII–Penalties..............................................................

Article IX–Compensation Provisions .....................................

Article X–Severability and Construction ...............................

C. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE 

COMPACT CONSENT ACT..................................................

Sec. 1. Short Title .....................................................................

Sec. 2. Congressional Finding..................................................

Sec. 3. Conditions of Consent to Compact .............................

Sec. 4. Congressional Review ..................................................

Sec. 5. Appalachian States Low-Level Radioactive Waste 

Compact.........................................................................

Appalachian States Low-Level Radioactive Waste Compact...........

Preamble ...................................................................................

Article I–Definitions.................................................................

Article III–Rights, Responsibilities, and Obligations of Part

States.......................................................................

Article IV–Prohibited Acts and Penalties ..............................

Article V–Eligibility, Entry Into Effect, Congressional Con

Withdrawal.............................................................

Article VI–Construction and Severability..............................

D. SOUTHWESTERN LOW-LEVEL RADIOACTIVE WAST

DISPOSAL COMPACT CONSENT ACT.............................

Sec. 1. Short Title .....................................................................

Sec. 2. Congressional Finding..................................................
Sec. 5. Southwestern Low-Level Radioactive Waste Compa

Article I–Compact Policy and Formation ..............................

Article II–Definitions...............................................................

Article III–The Commission....................................................

Article IV–Rights, Responsibilities, and Obligations of Part

States.......................................................................

Article V–Approval of Regional Facilities .............................

Article VI–Prohibited Acts and Penalties ..............................

Article VII–Eligibility, Entry into Effect, Congressional Co

Withdrawal, Exclusion ........................................

Article VIII–Construction and Severability ..........................

E. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISP

COMPACT CONSENT ACT..................................................

Sec. 1. Short Title .....................................................................

Sec. 2. Congressional Finding..................................................

Sec. 3. Conditions of Consent to Compact .............................

Sec. 4. Congressional Review ..................................................

Sec. 5. Texas Low-Level Radioactive Waste Compact..........

Article I. Policy and Purpose...................................................

Article II. Definitions...............................................................

Article III. The Commission....................................................

Article IV. Rights, Responsibilities, and Obligations of Part

Article V. Party State Contributions......................................

Article VI. Prohibited Acts and Penalties ..............................

Article VII. Eligibility, Entry into Effect, Congressional Co

Withdrawal, Exclusion ........................................

Article VIII. Construction and Severability ..........................
Public Law 99–240 

January 15, 1986

An Act

To amend the Low-Level Radioactive Waste Policy Ac

procedures for the implementation of compacts prov

establishment and operation of regional disposal facilitie

radioactive waste; to grant the consent of the Congr

interstate compacts on low-level radioactive waste; 

purposes.1

Be it enacted by the Senate and House of Representative

United States of America in Congress assembled,

Title I–Low-Level Radioactive Waste Policy Amendm

1985

Sec. 101. Short Title

This title may be cited as the "Low-Level Radioactive 

Amendments Act of 1985."

Sec. 102. Amendment to the Low-Level Radioactive Wa

Act

The Low-Level Radioactive Waste Policy Act (42 USC 

is amended by striking out sections 1, 2, 3, and 4 and in

thereof the following:

Sec. 1. Short Title

This Act may be cited as the "Low-Level Radioactive 

Act."

Sec. 2. Definitions

For purposes of this Act:

(1) Agreement State.–The term "agreement State" 

that–

(A) has entered into an agreement with the Nucle

Commission under section 274 of the Atomic Energ

(42 USC 2021); and

(B) has authority to regulate the disposal 

radioactive waste under such agreement.

(2) Allocation.–The term "allocation" means the as

specific amount of low-level radioactive waste disposa

commercial nuclear power reactor for which access is 

provided by sited States subject to the conditions specif

Act.

(3) Commercial Nuclear Power Reactor.–The term 

nuclear power reactor" means any unit of a civilia

moderated utilization facility required to be licensed und

or 104b. of the Atomic Energy Act of 1954 (42 USC 213

––––––––

1 P.L. 96–573, 94 Stat. 3347 (1980), “Low–Level Radioactive Waste P

1980,” was completely amended by P.L. 99–240. 

42 USC 2021b 

note.

42 USC 2021b2021d.

42 USC 2021b 

note.

42 USC 2021b 

note.

42 USC 2021b.
(5) Compact Commission.–The term compact 

means the regional commission, committee, or board e

compact to administer such compact.

(6) Compact Region.–The term "compact region" m

consisting of all States that are members of a compact.

(7) Disposal.–The term "disposal" means the perma

of low-level radioactive waste pursuant to the requiremen

by the Nuclear Regulatory Commission under applicab

an agreement State if such isolation occurs in such agree

(8) Generate.–The term "generate", when used in re

level radioactive waste, means to produce low-level radi

(9) Low-level Radioactive Waste.–

(A) IN GENERAL–The term "low-level radio

means radioactive material that–

(i) is not high-level radioactive waste, spent n

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

Energy Act of 1954 (42 USC 2014(e)(2))); and

(ii) the Nuclear Regulatory Commission, c

existing law and in accordance with paragraph (A

low-level radioactive waste.

(B) EXCLUSION–The term ‛low-level radioactiv

not include byproduct material (as defined in parag

(4) of section 11e. of the Atomic Energy Act of 1

2014(e)).2

(10) Non-sited Compact Region.–The term "non-

region" means any compact region that is not a sited com

(11) Regional Disposal Facility.–The term "regi

facility" means a non-Federal low-level radioactive w

facility in operation on January 1, 1985, or subsequent

and operated under a compact.

(12) Secretary.–The term "Secretary" means the 

Energy.

(13) Sited Compact Region.–

The term "sited compact region" means a compact re

there is located one of the regional disposal facilities at Ba

State of South Carolina; Richland, in the State of Washingt

in the State of Nevada.

(14) State.–The term "State" means any State of the 

the District of Columbia, and the Commonwealth of Pue

Sec. 3. Responsibilities for Disposal of Low-Level Radio

Section 3(a)(1) State Responsibilities.–Each State shall 

for providing, either by itself or in cooperation with other 

disposal of–

(A) low-level radioactive waste generated wit

(other than by the Federal Government) that consists 

class A, B, or C radioactive waste as defined by se

title 10, Code of Federal Regulations, as in effect o

1983;

––––––––

2 Amended by P.L. 109–58, Title VI, § 651(e)(3)(B), 119 Stat. 808 (20

NOTE: For other requirements of P.L. 109–58, Title VI, § 651e., 119 

(2005), relating to the addition of paragraphs (3) and (4) to section 1

Energy Act of 1954, see footnote 8 of the Atomic Energy Act of 195

this NUREG.

Nevada.

South Carolina.

Washington.

42 USC 2021c.
is–

(i) owned or generated by the Department of 

(ii) owned or generated by the United States N

of the decommissioning of vessels of the United 

or

(iii) owned or generated as a result of 

development, testing, or production of any atomi

(C) low-level radioactive waste described in subp

and (B) that is generated outside of the State and 

disposal in accordance with section 5 or 6.

(2) No regional disposal facility may be required 

disposal any material–

(A) that is not low-level radioactive waste as defi

61.55 of title 10, Code of Federal Regulations, a

January 26, 1983, or

(B) identified under the Formerly Utilized S

Action Program.

Nothing in this paragraph shall be deemed to prohibit a 

to the provisions of its compact, or a compact region from 

disposal any material identified in subparagraph (A) or (B).

(b)(1) The Federal Government shall be responsible fo

of–

(A) low-level radioactive waste owned or gen

Department of Energy;

(B) low-level radioactive waste owned or ge

United States Navy as a result of the decommission

of the United States Navy;

(C) low-level radioactive waste owned or ge

Federal Government as a result of any research, 

testing, or production of any atomic weapon; and

(D) any other low-level radioactive waste with c

of radionuclides that exceed the limits establi

Commission for class C radioactive waste, as defin

61.55 of title 10, Code of Federal Regulations, a

January 26, 1983.

(2) All radioactive waste designated a Federal 

pursuant to subparagraph (b)(1)(D) that results from acti

by the Nuclear Regulatory Commission under the Atom

of 1954, as amended, shall be disposed of in a facility l

Nuclear Regulatory Commission that the Commission 

adequate to protect the public health and safety.

(3) Not later than 12 months after the date of enactme

the Secretary shall submit to the Congress a compreh

setting forth the recommendations of the Secretary for 

safe disposal of all radioactive waste designate

responsibility pursuant to subparagraph (b)(1)(D). Suc

include–

(A) an identification of the radioactive wa

including the source of such waste, and the volume, 

and other relevant characteristics of such waste;

(B) an identification of the Federal and non-Fede

disposal of such radioactive waste;

Research and 

development.

Vessels.

Health.

Research and 

development.

42 USC 2011 

note.

Safety.

Report.
(D) a description of the projected costs of und

actions;

(E) an identification of the options for ensu

beneficiaries of the activities resulting in the gener

radioactive wastes bear all reasonable costs of disp

wastes; and

(F) an identification of any statutory authority 

disposal of such waste.

(4) The Secretary may not dispose of any radi

designated a Federal responsibility pursuant to paragr

that becomes a Federal responsibility for the first time pu

paragraph until ninety days after the report prepare

paragraph (3) has been submitted to the Congress.

Sec. 4. Regional Compacts for Disposal of Low-Level Ra

Waste

(a) In General–

(1) Federal Policy.–It is the policy of the Federal Go

the responsibilities of the States under section 3 for the di

level radioactive waste can be most safely and effectivel

a regional basis.

(2) Interstate Compacts.–To carry out the policy 

paragraph (1), the States may enter into such compac

necessary to provide for the establishment and operatio

disposal facilities for low-level radioactive waste.

(b) Applicability To Federal Activities.–

(1) In General.–

(A) Activities of The Secretary.–Except as 

subparagraph (B), no compact or act taken under a 

be applicable to the transportation, management, or d

low-level radioactive waste designated in section 3

(iii).

(B) Federal Low-level Radioactive Waste Dispos

federal Facilities.–Low-level radioactive waste owne

by the Federal Government that is disposed of at a reg

facility or non-Federal disposal facility within a Sta

member of a compact shall be subject to the sam

regulations, requirements, fees, taxes, and surcharge

the compact commission, and by the State in which s

located, in the same manner and to the same extent as 

radioactive waste not generated by the Federal Gove

(2) Federal Low-level Radioactive Waste Disposal F

low-level radioactive waste disposal facility establishe

exclusively for the disposal of low-level radioactive w

generated by the Federal Government shall not be s

compact or any action taken under a compact.

(3) Effect of Compacts On Federal Law.–Nothing co

Act or any compact may be construed to confer any new 

any compact commission or State–

(A) to regulate the packaging, generation, treat

disposal, or transportation of low-level radioactiv

manner incompatible with the regulations of 

Regulatory Commission or inconsistent with the reg

Department of Transportation;

Prohibition.

Report.

42 USC 2021d.

Prohibition.

Prohibition.

Prohibition.

Regulations.

Transportation.
(C) to inspect the facilities of licensees of 

Regulatory Commission;

(D) to inspect security areas or operations at t

generation of any low-level radioactive waste by 

Government, or to inspect classified information r

areas or operations; or

(E) to require indemnification pursuant to the 

chapter 171 of title 28, United States Code (common

as the Federal Tort Claims Act), or section 170 o

Energy Act of 1954 (42 USC 2210) (commonly ref

Price-Anderson Act), whichever is applicable.

(4) Federal Authority.–Except as expressly provide

nothing contained in this Act or any compact may be con

the applicability of any Federal law or to diminish or oth

the jurisdiction of any Federal agency, or to alter, amend

affect any Federal law governing the judicial review 

taken pursuant to any compact.

(5) State Authority Preserved.–

Except as expressly provided in this Act, nothing contain

expands, diminishes, or otherwise affects State law.

(c) Restricted Use of Regional Disposal Facilities.–Any 

compact to restrict the use of the regional disposal facili

compact to the disposal of low-level radioactive waste gen

the compact region shall not take effect before each of 

occurs:

(1) January 1, 1986; and

(2) the Congress by law consents to the compact.

(d) Congressional Review.–Each compact shall provid

years after the compact has taken effect the Congress may by 

its consent.

Sec. 5. Limited Availability of Certain Regional Disposa

During Transition and Licensing Periods

(a) Availability of Disposal Capacity.–

(1) Pressurized Water and Boiling Water Reactor

seven-year period beginning January 1, 1986, and end

31, 1992, subject to the provisions of subsections (b) thr

State in which there is located a regional disposal facility 

paragraphs (1) through (3) of subsection (b) shall m

capacity available for low-level radioactive waste 

pressurized water and boiling water commercial n

reactors in accordance with the allocations established 

(c).

(2) Other Sources of Low-level Radioactive Wast

seven-year period beginning January 1, 1986 and ending 

1992, subject to the provisions of subsections (b) thro

State in which there is located a regional disposal facility 

paragraphs (1) through (3) of subsection (b) shall m

capacity available for low-level radioactive waste gene

source not referred to in paragraph (1).

(3) Allocation of Disposal Capacity.–

(A) During the seven-year period beginning Jan

and ending December 31, 1992, low-level radio

generated within a sited compact region shall be acc

Safety.

Government 

organization 

and employees.

28 USC 2671 et 

seq.

Prohibition.

Prohibition.

42 USC 2021e.
of subsection (b) and located in the sited compact re

such waste is generated.

(B) Any State in which a regional disposal facil

in paragraphs (1) through (3) of subsection (b) is 

subject to the provisions of its compact, prohibit t

such facility of low-level radioactive waste generated 

compact region if the disposal of such waste in any g

year, together with all other low-level radioactive 

result in that facility disposing of a total annual volum

radioactive waste in excess of 100 per centum of the a

volume for such facility designated in sub-section (

however, That in the event that all three States in w

disposal facilities referred to in paragraphs (1) th

subsection (b) act to prohibit the disposal of low-lev

waste pursuant to this subparagraph, each such S

accordance with any applicable procedures of its com

as necessary, the disposal of additional quantities of 

increments of 10 per centum of the average annual vo

such facility designated in subsection (b).

(C) Nothing in this paragraph shall require any di

or State referred to in paragraphs (1) through (3) of 

to accept for disposal low-level radioactive waste in 

total amounts designated in subsection (b).

(4) Cessation of Operation of Low-level Radio

Disposal Facility.–No provision of this section shall be 

obligate any State referred to in paragraphs (1) th

subsection (b) to accept low-level radioactive waste fro

in the event that the regional disposal facility located 

ceases operations.

(b) Limitations.–The availability of disposal capacity 

radioactive waste from any source shall be subject to 

limitations:

(1) Barnwell, South Carolina.–The State of South 

accordance with the provisions of its compact, may lim

of low-level radioactive waste accepted for disposal a

disposal facility located in Barnwell, South Carolina 

8,400,000 cubic feet of low-level radioactive waste dur

period beginning January 1, 1986 and ending Decembe

based on an average annual volume of 1,200,000 cubi

level radioactive waste).

(2) Richland, Washington.–The State of Wa

accordance with the provisions of its compact, may lim

of low-level radioactive waste accepted for disposal a

disposal facility located at Richland, Washington 

9,800,000 cubic feet of low-level radioactive waste dur

period beginning January 1, 1986, and ending Decembe

based on an average annual volume of 1,400,000 cubi

level radioactive waste).

(3) Beatty, Nevada.–The State of Nevada, in accord

provisions of its compact, may limit the volume 

radioactive waste accepted for disposal a the regional di

located at Beatty, Nevada to a total of 1,400,000 cubic fe

radioactive waste during the 7-year period beginning Jan

Prohibition.
(c) Commercial Nuclear Power Reactor Allocations.–

(1) Amount.–Subject to the provisions of subsection

(g) each commercial nuclear power reactor shall upon r

an allocation of low-level radioactive waste disposal cap

feet) at the facilities referred to in subsection (b) dur

transition period beginning January 1, 1986 and ending 

1989, and during the 3-year licensing period beginni

1990, and ending December 31, 1992, in an amount 

multiplying the appropriate number from the following 

number of months remaining in the applicable period 

under paragraph (2).

Reactor 

Type

4-year Licensing Period 3-year Lic

In Sited

Region

All Other

Locations

In Sited

Region

PWR 1027 871 934 

BWR 2300 1951 2091 

(2) Method of Calculation.–For purposes of ca

aggregate amount of disposal capacity available to 

nuclear power reactor under this subsection, the numb

shall be computed beginning with the first month of 

period, or the sixteenth month after receipt of a full po

license, whichever occurs later.

(3) Unused Allocations.–Any unused allocation un

(1) received by a reactor during the transition period or 

period may be used at any time after such reactor receive

license or after the beginning of the pertinent period, whi

but not in any event after December 31, 1992, or after co

of operation of a regional disposal facility in the comp

State in which such reactor is located, whichever occurs 

(4) Transferability.–Any commercial nuclear powe

State or compact region that is in compliance with the re

subsection (e) may assign any disposal capacity allocat

this subsection to any other person in each State or co

Such assignment may be for valuable consideration an

writing, copies of which shall be filed at the affe

commissions and States, along with the assignor’s 

written waiver of the disposal capacity being assigned.

(5) Unusual Volumes.–

(A) The Secretary may, upon petition by the own

of any commercial nuclear power reactor, allocate t

disposal capacity in excess of the amount calc

paragraph (1) if the Secretary finds and states in writi

for so finding that making additional capacity avai

reactor through this paragraph is required to perm

unexpected operating, maintenance, repair or safety 
of more than 800,000 cubic feet of low-level radioa

would result in the total of the allocations made pu

subsection exceeding 11,900,000 cubic feet over the 

year interim access period.

(6) Limitation.–During the seven-year interim a

referred to in subsection (a), the disposal facilities 

subsection (b) shall not be required to accept more tha

cubic feet of low-level radioactive waste generated b

nuclear power reactors.

(d)(1) Surcharges.–The disposal of any low-level radi

under this section (other than low-level radioactive waste 

sited compact region) may be charged a surcharge by the S

the applicable regional disposal facility is located, addition t

surcharges generally applicable for disposal of low-level rad

in the regional disposal facility involved. Except as provided 

(e)(2), such surcharges shall not exceed–

(A) in 1986 and 1987, $10 per cubic foot 

radioactive waste;

(B) in 1988 and 1989, $20 per cubic foot 

radioactive waste; and

(C) in 1990, 1991, and 1992, $40 per cubic foo

radioactive waste.

(2) Milestone Incentives.–

(A) Escrow Account.–Twenty-five per centum o

fees received by a State pursuant to paragraph (1) dur

year period referred to in subsection (a) shall be tra

monthly basis to an escrow account held by the S

Secretary shall deposit all funds received in a s

account. The funds so deposited shall not be the p

United States. The Secretary shall act as trustee for s

shall invest them in interest-bearing United States 

Securities with the highest available yield. Such fund

by the Secretary until–

(i) paid or repaid in accordance with subpar

(C); or

(ii) paid to the State collecting such fees in ac

subparagraph (F).

(B) Payments.–

(i) July 1, 1986.–The twenty-five per centum 

collected by a State under paragraph (1) 

radioactive waste disposed of under this secti

period beginning on the date of enactment of t

Radioactive Waste Policy Amendments Act of 19

June 30, 1986, and transferred to the Sec

subparagraph (A), shall be paid by the Secretary 

with subparagraph (D) if the milestone described 

(e)(1)(A) is met by the State in which such waste 

(ii) January 1, 1988.–The twenty-five per c

amount collected by a State under paragraph (1) 

radioactive waste disposed of under this secti

period beginning July 1, 1986 and ending Decem

and transferred to the Secretary under subparagr

be paid by the Secretary in accordance with sub
where applicable). 

(iii) January 1, 1990.–The twenty-five per c

amount collected by a State under paragraph (1) 

radioactive waste disposed of under this secti

period beginning January 1, 1988 and ending 

1989, and transferred to the Secretary under subp

shall be paid by the Secretary in accordance with 

(D) if the milestone described in subsection (e)(1

the State in which such waste originated (or its co

where applicable).

(iv) The twenty-five per centum of any amoun

a State under paragraph (1) for low-level radi

disposed of under this section during the per

January 1, 1990 and ending December 31, 1992, a

to the Secretary under subparagraph (A), shall b

Secretary in accordance with subparagraph (D) 

1, 1993, the State in which such waste originated (

region, where applicable) is able to provide for t

all low-level radioactive waste generated within 

compact region.

(C) Failure To Meet January 1, 1993 Deadline.–

1, 1993, a State (or, where applicable, a compact reg

low-level radioactive waste is generated is unable to p

disposal of all such waste generated within such Sta

region–

(i) each State in which such waste is genera

request of the generator or owner of the waste, sh

the waste, shall be obligated to take possession of 

shall be liable for all damages directly or indirect

such generator or owner as a consequence of the 

State to take possession of the waste as soon af

1993 as the generator or owner notifies the State 

is available for shipment; or3

(ii) if such State elects not to take title to, ta

of, and assume liability for such waste, pursuan

twenty-five per centum of any amount collect

under paragraph (1) for low-level radioactive was

under this section during the period beginning Ja

and ending December 31, 1992 shall be repaid, w

each generator from whom such surcharge w

Repayments made pursuant to this clause shall 

monthly basis, with the first such repayment 

February 1, 1993, in an amount equal to one thir

total amount required to be repaid pursuant to th

shall continue until the State (or, where applic

region) in which such low-level radioactive wast

is able to provide for the disposal of all such w

within such State or compact region or until Jan

whichever is earlier.

––––––––

3 The United States Supreme Court struck down this provision, becaus

unconditional (N.Y. vs. United States 112 S. Ct. 2408 (June 19, 1992
clause (i), such State shall be paid such amounts as are 

subparagraph (B)(iv). If a State (or, where applicable, a co

in which low-level radioactive waste is generated provides f

of such waste at any time after January 1, 1993 and prior 

1996, such State (or, where applicable, compact region) sh

accordance with subparagraph (D) a lump sum amount eq

five per centum of any amount collected by a State under 

Provided, however, That such payment shall be adjusted 

remaining number of months between January 1, 1993 and Ja

for which such State (or, where applicable, compact region

the disposal of such waste. If a State (or, where applicab

region) in which low-level radioactive waste is generated 

provide for the disposal of all such waste generated within 

compact region by January 1, 1996, each State in which 

generated, upon the request of the generator or owner of t

take title to the waste, be obligated to take possession of t

shall be liable for all damages directly or indirectly incu

generator or owner as a consequence of the failure of the 

possession of the waste as soon after January 1, 1996, as th

owner notifies the State that the waste is available for shipm

(D) Recipients of Payments.–The payments 

subparagraphs (B) and (C) shall be paid within thirty 

applicable date–

(i) if the State in which such waste origin

member of a compact region, to such State;

(ii) if the State in which such waste originate

of the compact region, to the compact commissio

State.

(E) Uses of Payments.–

(i) Limitations.–Any amount paid under subp

or (C) may only be used to–

(I) establish low-level radioactive w

facilities;

(II) mitigate the impact of low-level radi

disposal facilities on the host State;

(III) regulate low-level radioactive w

facilities; or

(IV) ensure the decommissioning, clos

during the period of institutional control 

radioactive waste disposal facilities.

(ii) Reports.–

(I) Recipient.–Any State or compact 

receiving a payment under subparagraphs (B

on December 31 of each year in which any s

expended, submit a report to the Departme

itemizing any such expenditures.

(II) Department of Energy.–Not later tha

after receiving the reports under subclause (I)

shall submit to the Congress a summary of a

that shall include an assessment of the comp

such State or compact commission with the re

clause (i).

Reports.
not paid to a State or compact commission under subp

and (C) or not repaid to a generator under subparag

be paid from such escrow account to such State c

payment under paragraph (1). Such payment shall be 

than 30 days after a determination of ineligibility f

made.

(G) Penalty Surcharges.–No rebate shall be ma

subsection of any surcharge or penalty surcharge 

period of noncompliance with subsection (e)(1).

(e) Requirements For Access To Regional Disposal Fac

(1) Requirements For Non-sited Compact Regio

member States.–Each non-sited compact region, or Stat

member of a compact region that does not have an oper

facility, shall comply with the following requirements:

(A) By July 1, 1986, each such non-member Sta

compact legislation or, by the enactment of legi

certification of the Governor, indicate its intent to dev

the location of a low-level radioactive waste disposal 

such State.

(B) By January 1, 1988.–

(i) each non-sited compact region shall identi

which its low-level radioactive waste disposal fa

located, or shall have selected the developer fo

and the site to be developed, and each compact 

State in which its low-level radioactive waste di

is to be located shall develop a siting plan for 

providing detailed procedures and a schedule for 

facility location and preparing a facility license a

shall delegate authority to implement such plan;

(ii) each non-member State shall develop 

providing detailed procedures and a schedule for 

facility location and preparing a facility license a

a low-level radioactive waste disposal facil

delegate authority to implement such plan; and

(iii) The siting plan required pursuant to this p

include a description of the optimum way to attai

the low-level radioactive waste disposal faci

within the time period specified in this Act. Su

include a description of the objectives and a 

deadlines for all entities required to take action 

such plan, including, to the extent practicable, an 

of the activities in which a delay in the start, or c

such activities will cause a delay in beginning faci

Such plan shall also identify, to the extent pr

process for (1) screening for broad siting areas; (

and evaluating specific candidate sites; and (3) 

the preferred site(s), completing all necessary 

assessments, and preparing a license application f

to the Nuclear Regulatory Commission or an Agr

(C) By January 1, 1990.–

(i) a complete application (as determined b

Regulatory Commission or the appropriate a

agreement State) shall be filed for a license to o

Prohibition.
(ii) the Governor (or, for any State without a 

chief executive officer) of any State that is not a 

compact region in compliance with clause (i

complied with such clause by its own actions, s

written certification to the Nuclear Regulatory 

that such State will be capable of providing for, an

for, the storage, disposal, or management of 

radioactive waste generated within such State 

disposal after December 31, 1992, and include a 

the actions that will be taken to ensure that such c

(D) By January 1, 1992, a complete application (

by the Nuclear Regulatory Commission or the appro

of an agreement State) shall be filed for a license to 

level radioactive waste disposal facility within e

compact region or within each non-member State.

(E) The Nuclear Regulatory Commission shall 

certification received under subparagraph (C) to the 

publish any such certification in the Federal Register

(F) Any State may, subject to all applicable prov

of any applicable compact, enter into an agreem

compact commission of a region in which a reg

facility is located to provide for the disposal of 

radioactive waste generated within such State, and

such agreement, may, with the approval of the State 

regional disposal facility is located, be deemed to be 

with subparagraphs (A), (B), (C), and (D).

(2) Penalties For Failure To Comply.–

(A) By July 1, 1986.–If any State fails to 

subparagraph (1)(A)–

(i) any generator of low-level radioactive was

region or non-member State shall, for the period b

1, 1986, and ending December 31, 1986, be charg

surcharge otherwise applicable under subsection 

(ii) on or after January 1, 1987, any low-lev

waste generated within such region or non-mem

be denied access to the regional disposal facilitie

paragraphs (1) through (3) of subsection (b).

(B) By January 1, 1988.–If any non-sited comp

non-member State fails to comply with paragraph (1

(i) any generator of low-level radioactive was

region or non-member State shall–

(I) for the period beginning January 1, 198

June 30, 1988, be charged 2 times the surcha

applicable under subsection (d); and

(II) for the period beginning July 1, 198

December 31, 1988, be charged 4 times 

otherwise applicable under subsection (d); an

(ii) on or after January 1, 1989, any low-lev

waste generated within such region or non-mem

be denied access to the regional disposal facilitie

paragraphs (1) through (3) of subsection (b).

(C) By January 1, 1990.–If any non-sited comp

non-member State fails to comply with paragraph (1

Federal 

Register, 

publication.

Contracts.
facilities referred to in paragraphs (1) through (3) of s

(D) By January 1, 1992.–If any non-sited comp

non-member State fails to comply with paragrap

generator of low-level radioactive waste within such 

member State shall, for the period beginning Januar

ending upon the filing of the application described 

(1)(D), be charged 3 times the surcharge otherw

under subsection (d).

(3) Denial of Access.–No denial or suspension o

regional disposal facility under paragraph (2) may be 

source, class, or type of low-level radioactive waste.

(4) Restoration of Suspended Access; Penalties F

Comply.–Any access to a regional disposal facility tha

under paragraph (2) shall be restored after the non-

region or non-member State involved complies with such 

Any payment of surcharge penalties pursuant to para

failure to comply with the requirements of subsection 

terminated after the non-sited compact region or non-

involved complies with such requirements.

(f)(1) Administration.–Each State and compact commiss

regional disposal facility referred to in paragraphs (1) th

subsection (b) is located shall have authority–

(A) to monitor compliance with the limitations, al

requirements established in this section; and

(B) to deny access to any non-Federal low-lev

waste disposal facilities within its borders to a

radioactive waste that–

(i) is in excess of the limitations or allocatio

in this section; or

(ii) is not required to be accepted due to th

compact region or State to comply with the re

subsection (e)(1).

(2) Availability of Information During Interim Acce

(A) The States of South Carolina, Washington, an

require information from disposal facility operator

intermediate handlers, and the Department of E

reasonably necessary to monitor the availability 

capacity, the use and assignment of allocations and th

of surcharges.

(B) The States of South Carolina, Washington

may, after written notice followed by a period of at 

deny access to disposal capacity to any generator o

handler who fails to provide information under subp

(C) Proprietary Information.–

(i) Trade secrets, proprietary and other 

information shall be made available to a Sta

subsection upon request only if such State–

(I) consents in writing to restrict the dissem

information to those who are directly 

monitoring under subparagraph (A) and who 

know;

(II) accepts liability for wrongful disclosu

Prohibition.

Termination.

Nevada.

South Carolina.

Washington.

Nevada.

South Carolina.

Washington.
(ii) The United States shall not be liable for 

disclosure by any individual or State of any 

provided to such individual or State under this su

(iii) Whenever any individual or State 

possession of information under this subsection, 

shall be subject to the same provisions of law w

the disclosure of such information as would appl

or employee of the United States or of any d

agency thereof and the State shall be subject 

provisions of law with respect to the disclo

information as would apply to the United S

department or agency thereof. No State or St

employee who receives trade secrets, proprietary 

or other confidential information under this 

required to disclose such information under State 

(g) Nondiscrimination.–Except as provided in subsectio

(e), low-level radioactive waste disposed of under this se

subject without discrimination to all applicable legal requir

compact region and State in which the disposal facility is loc

low-level radioactive waste were generated within such com

Sec. 6. Emergency Access

(a) In General.–The Nuclear Regulatory Commissio

emergency access to any regional disposal facility or non-Fe

facility within a State that is not a member of a compact for 

level radioactive waste, if necessary to eliminate an immedia

threat to the public health and safety or the common defense 

The procedure for granting emergency access shall be as pr

section.

(b) Request For Emergency Access.–Any generator 

radioactive waste, or any Governor (or, for any State withou

the chief executive officer of the State) on behalf of any 

generators located in his or her State, may request tha

Regulatory Commission grant emergency access to a reg

facility or a non-Federal disposal facility within a State 

member of a compact for specific low-level radioactive wa

request shall contain any information and certifications 

Regulatory Commission may require. 

(c) Determination of Nuclear Regulatory Commission.–

(1) Required Determination.–Not later than 45 days a

a request under subsection (b), the Nuclear Regulatory 

shall determine whether–

(A) emergency access is necessary because of an i

serious threat to the public health and safety or the com

and security; and

(B) The threat cannot be mitigated by any alterna

with the public health and safety, including storage 

radioactive waste at the site of generation or in a s

obtaining access to a disposal facility by volunta

purchasing disposal capacity available for assignme

section 5(c) or ceasing activities that general low-lev

waste.

(2) Required Notification.–If the Nuclear 

Commission makes the determinations required in parag

Commerce and 

trade.

Government 

organization 

and employees.

Prohibition.

42 USC 2021f.

Defense and 

national 

security.

Health.

Safety.

Defense and 

national 

security.

Safety.

Health threat.
of the State in which such facility is located and th

compact commission that emergency access is re

notification shall specifically describe the low-level rad

as to source, physical and radiological characteris

minimum volume and duration, not exceeding 180 days

alleviate the immediate threat to public health and 

common defense and security. The Nuclear Regulatory 

shall also notify the Governor (or chief executive office

in which the low-level radioactive waste requiring eme

was generated that emergency access has been gran

pursuant to subsection (e), no extension of emergency a

granted absent diligent State action during the period 

grant.

(d) Temporary Emergency Access.–Upon determining th

access is necessary because of an immediate and serious 

public health and safety or the common defense and securit

Regulatory Commission may at its discretion grant tempora

access, pending its determination whether the threat could b

any alternative consistent with the public health and safet

access under this subsection, the Nuclear Regulatory Com

provide the same notification and information required und

(c). Absent a determination that no alternative consistent w

health and safety would mitigate the threat, access grant

subsection shall expire 45 days after the granting of tempora

access under this subsection.

(e) Extension of Emergency Access.–

The Nuclear Regulatory Commission may grant one 

emergency access beyond the period provided in subsec

determines that emergency access continues to be necessary 

immediate and serious threat to the public health and safety o

defense and security that cannot be mitigated by any alterna

with the public health and safety, and that the generator 

radioactive waste granted emergency access and the State 

low-level radioactive waste was generated have dilig

unsuccessfully acted during the period of the initial grant to 

need for emergency access. Any extension granted under t

shall be for the minimum volume and duration the Nucle

Commission finds necessary to eliminate the immediate th

health and safety or the common defense and security, and s

event exceed 180 days.

(f) Reciprocal Access.–Any compact region or State no

a compact that provides emergency access to non-Fed

facilities within its borders shall be entitled to reciprocal 

subsequently operating non-Federal disposal facility that se

or compact region in which low-level radioactive w

emergency access was generated. The compact commis

having authority to approve importation of low-level radioa

the disposal facility to which emergency access was 

designate for reciprocal access an equal volume of low-lev

waste having similar characteristics to that provided emerge

(g) Approval By Compact Commission.–Any grant of 

this section shall be submitted to the compact commission 

in which the designated disposal facility is located for suc

Defense and 

national 

security.

Health.

Safety.

Prohibition.
after receiving notification from the Nuclear Regulatory Co

reciprocal access not later than 15 days after receiving not

the appropriate authority under subsection (f).

(h) Limitations.–No State shall be required to provide 

reciprocal access to any regional disposal facility within i

low-level radioactive waste not meeting criteria established 

or license agreement of such facility, or in excess of the appr

of such facility, or to delay the closing of any such facili

plans established before receiving a request for emergency 

access. No State shall, during any 12-month period, be requi

emergency or reciprocal access to any regional disposal fac

borders for more than 20 percent of the total volume 

radioactive waste accepted for disposal at such facility durin

calendar year. 

(i) Volume Reduction and Surcharges.–A

radioactive waste delivered for disposal under thi

be reduced in volume to the maximum extent p

shall be subject to surcharges established in this A

(j) Deduction From Allocation.–Any volume of low-lev

waste granted emergency or reciprocal access under th

generated by any commercial nuclear power reactor, shal

from the low-level radioactive waste volume allocable unde

(k) Agreement States.–Any agreement under section 274 

Energy Act of 1954 (42 USC 2021) shall not be app

determinations of the Nuclear Regulatory Commission unde

Sec. 7. Responsibilities of the Department of Energy

(a) Financial and Technical Assistance.–The Secretary 

extent provided in appropriations Act, provide to those com

host States, and nonmember States determined by the Secre

assistance for purposes of carrying out this Act–

(1) continuing technical assistance to assist them in 

responsibilities under this Act. Such technical assistance 

but not be limited to, technical guidelines for site selecti

technologies for low-level radioactive waste disp

reduction options, management techniques to reduce lo

generation, transportation practices for shipment of low

health and safety considerations in the storage, shipmen

of low-level radioactive wastes, and establishment of a 

database to monitor the management of low-level radio

and

(2) through the end of fiscal year 1993, financial assis

them in fulfilling their responsibilities under this Act.

(b) Reports.–The Secretary shall prepare and submit to 

on an annual basis a report which (1) summarizes the progre

waste disposal siting and licensing activities within each co

(2) reviews the available volume reduction techno

applications, effectiveness, and costs on a per unit volu

reviews interim storage facility requirements, costs, an

summarizes transportation requirements for such wastes on 

intra-regional basis, (5) summarizes the data on the total am

level waste shipped for disposal on a yearly basis, the prop

wastes subjected to volume reduction, the average volu

attained, and the proportion of wastes stored on an interim 

Prohibitions.

42 USC 2021g.

Health.

Safety.

Science and 

technology.

Transportation.

Science and 

technology.

Transportation.
Sec. 8. Alternative Disposal Methods

(a) Not later than 12 months after the date of enactmen

Level Radioactive Waste Policy Amendments Act of 1985

Regulatory Commission shall, in consultation with the Sta

interested persons, identify methods for the disposal 

radioactive waste other than shallow land burial, and establi

technical guidance regarding licensing of facilities that use 

(b) Not later than 24 months after the date of enactmen

Level Radioactive Waste Policy Amendments Act o

Commission shall, in consultation with the States and ot

persons, identify and publish all relevant technical informa

the methods identified pursuant to subsection (a) that a Sta

must provide to the Commission in order to pursue such met

with the technical requirements that such facilities must 

judgment of the Commission, if pursued as an alternative to 

burial. Such technical information and requirements shall inc

not be limited to, site suitability, site design, facility opera

site closure, and environmental monitoring, as necessary 

performance objectives established by the Commission for a 

level radioactive waste disposal facility. The Commission 

and publish such requirements in a manner and form deem

by the Commission.

Sec. 9. Licensing Review and Approval

In order to ensure the timely development of new low-lev

waste disposal facilities, the Nuclear Regulatory Comm

appropriate, agreement States, shall consider an application 

facility license in accordance with the laws applicable to suc

except that the Commission and the agreement state shall–

(1) not later than 12 months after the date of enactme

Level Radioactive Waste Policy Amendments Act of 1

procedures and develop the technical capability fo

applications for such licenses;

(2) to the extent practicable, complete all activities a

the review and processing of any application for such a l

for public hearings) no later than 15 months after the dat

such application; and

(3) to the extent practicable, consolidate all required 

environmental reviews and public hearings.

Sec. 10. Radioactive Waste Below Regulatory Concern

(a) Not later than 6 months after the date of enactmen

Level Radioactive Waste Policy Amendments Act o

Commission shall establish standards and procedures, pursu

authority, and develop the technical capability for consider

upon petitions to exempt specific radioactive waste 

regulation by the Commission due to the presence of radionu

waste streams in sufficiently low concentrations or quant

below regulatory concern. 

(b) The standards and procedures established by the 

pursuant to subsection (a) shall set forth all information r

submitted to the Commission by licensees in support of s

including, but not limited to–

(1) a detailed description of the waste materials, i

origin, chemical composition, physical state, volume, an

42 USC 2021h.

42 USC 2021i.

42 USC 2021j.
Such standards and procedures shall provide that, upon recei

to exempt a specific radioactive waste stream from regu

Commission, the Commission shall determine in an exped

whether the concentration or quantity of radionuclides pr

waste stream requires regulation by the Commission in orde

public health and safety. Where the Commission de

regulation of a radioactive waste stream is not necessary 

public health and safety, the Commission shall take such st

necessary, in an expeditious manner, to exempt the dis

radioactive waste from regulation by the Commission.

Regulation.
MIDWEST, MW, ROCKY MOUNTAIN, NE INTERS

COMPACTS)

Title II–Omnibus Low-Level Radioactive Waste Interst

Consent Act

Sec. 201. Short Title

This Title may be cited as the “Omnibus Low-Level Radi

Interstate Compact Consent Act.”

Subtitle A–General Provisions

Sec. 211. Congressional Finding

The Congress hereby finds that each of the compact

subtitle B is in furtherance of the Low-Level Radioactive 

Act.

Sec. 212. Conditions of Consent to Compacts

The consent of the Congress to each of the compacts set f

B–

(1) shall become effective on the date of the enactme

(2) is granted subject to the provisions of th

Radioactive Waste Policy Act, as amended; and

(3) is granted only for so long as the regional 

committee, or board established in the compact compl

the provisions of such Act.

Sec. 213. Congressional Review

The Congress may alter, amend, or repeal this Act with 

compact set forth in subtitle B after the expiration of the 1

following the date of the enactment of this Act, and at 

thereafter as may be provided in such compact.

Subtitle B–Congressional Consent to Compac

Sec. 221. Northwest Interstate Compact on Low-Level R

Waste Management

The Consent of Congress is hereby given to the stat

Hawaii, Idaho, Montana, Oregon, Utah, Washington, and 

enter into the Northwest Interstate Compact on Low-leve

Waste Management, and to each and every part and article 

compact reads substantially as follows:

Northwest Interstate Compact on Low-Level Radioac

Management

Article I–Policy and Purpose

The party states recognize that low-level radioactiv

generated by essential activities and services that benefit the 

states. It is further recognized that the protection of the hea

of the citizens of the party states and the most economical m

low-level radioactive wastes can be accomplished through c

the states in minimizing the amount of handling and 

required to dispose of such wastes and through the cooperatio

42 USC 2021d

note.

42 USC 2021d

note.

42 USC 2021d

note.

Effective date.

42 USC 2021d 

note.

42 USC 2021d 

note.

Alaska.

Hawaii.

Idaho.

Montana.

Oregon.

Utah.

Washington.

Wyoming.

Health.

Safety.
safety of the citizens of the party states and to provide 

economical management of low-level radioactive wastes on 

basis. It is the purpose of this compact to provide the mea

cooperative effort among the party states so that the pro

citizens of the states and the maintenance of the viability 

economies will be enhanced while sharing the respo

radioactive low-level waste management.

Article II–Definitions

As used in this compact:

(1) “Facility” means any site, location, structure, or 

or to be used for the storage, treatment, or disposal of lo

excluding federal waste facilities;

(2) “Low-level waste” means waste material w

radioactive nuclides emitting primarily beta or gamma 

both, in concentrations or quantities which exceed app

or state standards for unrestricted release. Low-level w

include waste containing more than ten (10) nanocuries 

contaminants per gram of material, nor spent reactor fue

classified as either high-level waste or waste which i

disposal by near-surface burial under any appli

regulations;

(3) “Generator” means any person, partnership

corporation, or any other entity whatsoever which, as 

activities, produces low-level radioactive waste;

(4) “Host state” means a state in which a facility is lo

Article III–Regulatory Practices

Each party state hereby agrees to adopt practices whic

low-level waste shipments originating within its borders an

a facility within another party state to conform to the applica

and transportation requirements and regulations of the ho

practices shall include:

(1) Maintaining an inventory of all generators within 

have shipped or expect to ship low-level waste to facili

party state;

(2) Periodic unannounced inspection of the prem

generators and the waste management activities thereon

(3) Authorization of the containers in which such 

shipped, and a requirement that generators use only 

container authorized by the state;

(4) Assurance that inspections of the carriers which 

waste are conducted by proper authorities, and 

enforcement action taken for violations;

(5) After receiving notification from a host state th

within the party state is in violation of applicable 

transportation standards, the party state will take approp

assure that such violations do not recur. Such action 

inspection of every individual low-level waste ship

generator.

Transportation.
Nothing in this article shall be construed to limit any party st

to impose additional or more stringent standards on generat

than those required under this article.

Article IV–Regional Facilities

(1) Facilities located in any party state, other than faciliti

or maintained by individual low-level waste genera

management of their own low-level waste, shall accept lo

generated in any party state if such waste has been p

transported according to applicable laws and regulations.

(2) No facility located in any party state may accept lo

generated outside of the region comprised of the party sta

provided in article V.

(3) Until such time as paragraph (2) of article IV takes e

located in any party state may accept low-level waste genera

any of the party states only if such waste is accompanied b

of compliance issued by an official of the state in whic

shipment originated. Such certificate shall be in such for

required by the host state, and shall contain at least the follo

(A) The generator’s name and address;

(B) A description of the contents of the low-level wa

(C) A statement that the low-level waste being ship

inspected by the official who issued the certificate or b

by a representative of the United States Nuclea

Commission, and found to have been packaged in com

applicable Federal regulations and such additional re

may be imposed by the host state;

(D) A binding agreement by the state of origin to r

party state for any liability or expense incurred as a 

accidental release of such waste during shipment or aft

reaches the facility.

(4) Each party state shall cooperate with the other p

determining the appropriate site of any facility that migh

within the region comprised of the party states, in order to ma

health and safety while minimizing the use of any one (1) pa

host of such facilities on a permanent basis. Each party state 

that decisions regarding low-level waste management fac

region will be reached through a good faith process wh

account the burdens borne by each of the party states as well 

each has received.

(5) The party states recognize that the issue of hazard

waste management is similar in many respects to that of lo

management. Therefore, in consideration of the State o

allowing access to its low-level waste disposal facility by 

other party states, party states such as Oregon and Idah

hazardous chemical waste disposal facilities will allow a

facilities by generators within other party states. Nothing in 

shall be construed to prevent any party state from limiting 

type of hazardous chemical or low-level wastes to be accept

within its borders of from ordering the closure of such facilit

such action by a host state is applied equally to all generat

region comprised of the party states.

Regulations.

Health.

Safety.

Hazardous 

materials.

Idaho.

Oregon.

Prohibition.

Washington.
maintenance and contingency requirements are met, inclu

bonding.

Article V–Northwest Low–Level Waste Compact Co

The governor of each party state shall designate one (1) 

state as the person responsible for administration of this 

officials so designated shall together comprise the northw

waste compact committee. The committee shall meet a

consider matters arising under this compact. The parties sh

committee of existing regulations concerning low

management in their states, and shall afford all parties 

opportunity to review and comment upon any proposed m

such regulations. Notwithstanding any provision of artic

contrary, the committee may enter into arrangements 

provinces, individual generators, or regional compact entiti

region comprised of the party states for access to facilities 

and conditions as the committee may deem appropriate. Ho

require a two-thirds (2/3) vote of all such members, 

affirmative vote of the member of any party state in wh

affected by such arrangement is located, for the committe

such arrangement.

Article VI–Eligible Parties and Effective Dat

(1) Each of the following states is eligible to become 

compact: Alaska, Hawaii, Idaho, Montana, Oregon, Utah

and Wyoming. As to any eligible party, this compact 

effective upon enactment into law by that party, but it sha

initially effective until enacted into law by two (2) states. A

may withdraw from this compact by enacting a statute 

approval.

(2) After the compact has initially taken effect pursuan

(1) of this article, any eligible party state may become a 

compact by the execution of an executive order by the go

state. Any state which becomes a party in this manner shal

party upon the final adjournment of the next general or regu

its legislature or July 1, 1983, whichever occurs first, unles

has by then been enacted as a statute by that state.

(3) Paragraph (2) of article IV of this compact shall take 

1, 1983, if consent is given by Congress. As provided in P

573, Congress may withdraw its consent to the compact af

(5) year period.

Article VII–Severability

If any provision of this compact, or its application to 

circumstances, is held to be invalid, all other provisions of 

and the application of all of its provisions to all other 

circumstances, shall remain valid; and to this end the prov

compact are severable.

Regulations.

Alaska. Hawaii. 

Idaho. Montana.

Oregon. Utah.

Washington. 

Wyoming.

Effective date.

Wyoming.

42 USC 2021b 

note.

Effective date.

Provisions held 

invalid.
Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, N

and Oklahoma to enter into the Central Interstate Low-Lev

Waste Compact, and to each and every part and article 

compact reads substantially as follows:

Central Interstate Low-Level Radioactive Waste C

Article I–Policy and Purpose

The party states recognize that each state is respon

management of its non-federal low-level radioactive wast

recognize that the Congress, by enacting the Low-Leve

Waste Policy Act (Public Law 96-573) has authorized an

states to enter into compacts for the efficient management o

the policy of the party states to cooperate in the protection 

safety and welfare of their citizens and the environment and 

and encourage the economical management of low-lev

wastes. It is the purpose of this compact to provide the frame

a cooperative effort; to promote the health, safety and w

citizens and the environment of the region; to limit the numb

needed to effectively and efficiently manage low-level radio

and to encourage the reduction of the generation thereof; an

the costs, benefits and obligations among the party states.

Article II–Definitions

As used in this compact, unless the context clearly requir

construction:

a. “Commission” means the Central Interstate Low-Lev

Waste Commission;

b. “disposal” means the isolation and final disposition o

c. “extended care” means the care of a regional faci

necessary corrective measures subsequent to its active u

management until such time as the regional facility no longer 

to the environment or public health;

d. “facility” means any site, location, structure or prope

be used for the management of waste;

e. “generator” means any person who, in the course of or 

manufacturing, power generation, processing, medical d

treatment, biomedical research, other industrial or comme

other research or mining in a party state, produces or pro

“Generator” does not include any person who receives wa

outside the region for subsequent shipment to a regional fac

f. “host state” means any party state in which a regio

situated or is being developed;

g. “low-level radioactive waste” or “waste” means, as 

Low-Level Radioactive Waste Policy Act (Public L

radioactive waste not classified as: High-level radio

transuranic waste, spent nuclear fuel, or by-product materia

section 11e.(2) of the Atomic Energy Act of 1954, as ame

1978.

h. “management of waste” means the storage, treatment 

waste;

Iowa. Kansas.

Louisiana.

Minnesota.

Missouri.

Nebraska.

North Dakota.

Oklahoma.

42 USC 2021b 

note.

Environmental 

protection.

Health.

Safety.

42 USC 2021b 

note.

42 USC 2014.
persons designated by the party states Commission mem

such notice;

j. “party state” means any state which is a signatory 

compact;

k. “person” means any individual, corporation, business 

other legal entity, either public or private;

l. “region” means the area of the party states;

m. “regional facility” means a facility which is locat

region and which has been approved by the Commission for 

the party States;

n. “site” means any property which is owned or leased b

and is contiguous to or divided only by a public or private 

source of generation;

o. “state” means a state of the United States, the District 

the Commonwealth of Puerto Rico, the U.S. Virgin Island

territorial possession of the United States;

p. “storage” means the holding of waste for treatment or 

q. “treatment” means any method, technique or proc

storage for radioactive decay, designed to change the phys

or biological characteristics or composition of any waste in o

such waste after for transport or management, amendable 

convertible to another usable material, or reduced in volume

Article III–Rights and Obligations

a. There shall be provided within the region one or 

facilities which together provide sufficient capacity to man

generated within the region. It shall be the duty of region

accept compatible wastes generated in and from party states

the requirements of this Act, and each party state shall hav

have the wastes generated within its borders managed at suc

b. To the extent authorized by Federal law and host Sta

state shall regulate and license any regional facility within i

ensure the extended care of such facility.

c. Rates shall be charged to any user of the regional faci

operator of a regional facility and shall be fair and reaso

subject to the approval of the host state. Such approval shall 

criteria established by the Commission.

d. A host state may establish fees which shall be charg

of a regional facility and which shall be in addition to the r

pursuant to section c. of this Article, for any regional faci

borders. Such fees shall be reasonable and shall provide the 

sufficient revenue to cover any costs associated with such fac

fees have been reviewed and approved by the Commissi

extent that such revenue is insufficient, all party states shall 

in a manner to be determined by the Commission.

e. To the extent authorized by Federal law, each 

responsible for enforcing any applicable Federal and st

regulations pertaining to the packaging and transportat

generated within or passing through its borders and shall a

that will ensure that waste shipments originating within it

destined for a regional facility will conform to applicable p

transportation laws and regulations.

Regulation.

Regulation.

Transportation.
g. Unless authorized by the Commission, it shall be u

January 1, 1986, for any person:

1. to deposit at a regional facility, waste not gen

the region;

2. to accept, at a regional facility, waste not gen

the region;

3. to export from the region, waste which is gen

the region; and

4. to transport waste from the site at which it 

except to a regional facility.

Article IV–The Commission

a. There is hereby established the Central Interstat

Radioactive Waste Commission. The Commission shall c

voting member from each party state to be appointed accord

of each state. The appointing authority of each party state s

Commission in writing of the identity of its member and a

An alternate may act on behalf of the member only in the ab

member. Each state is responsible for the expenses of its m

Commission.

b. Each Commission member shall be entitled to one 

otherwise provided herein, no action of the Commission sh

unless a majority of the total membership casts its vote in th

c. The Commission shall elect from among its membersh

The Commission shall adopt and publish, in convenient form

policies which are not inconsistent with this compact.

d. The Commission shall meet at least once a year and s

upon the call of the chairman, by petition of a majority of th

or upon the call of a host state member.

e. The Commission may initiate any proceedings or 

intervenor or party in interest before any court of law, or any 

or local agency, board or Commission that has jurisdiction o

arising under or relating to the terms of the provisions of this 

Commission shall determine in which proceedings it shal

otherwise appear and may arrange for such expert testim

evidence or other participation in such proceedings as may b

represent its views.

f. The Commission may establish such committees 

necessary for the purpose of advising the Commission o

matters pertaining to the management of waste.

g. The Commission may employ and compensate a staf

to those persons necessary to carry out its duties and f

Commission may also contract with and designate any pers

necessary functions to assist the Commission. Unless other

by the acceptance of a Federal grant, the staff shall 

Commission’s pleasure irrespective of the civil service, pers

merit laws of any of the party states or the Federal governm

be compensated from funds of the Commission.

h. Funding for the Commission shall be as follows:

1. The Commission shall set and approve its first ann

soon as practicable after its initial meeting. Party states 

contribute to the Commission budget on an annual bas

Exports.

Central 

Interstate LowLevel 

Radioactive 

Waste 

Commission, 

establishment.

Contracts.
section as soon as practicable and shall remit to the Com

resulting from collection of such surcharges within 60 

receipt; and

2. Each state hosting a regional facility shall 

surcharges on all users of such facilities, based on th

characteristics of wastes received at such facilities, the t

(A) Shall be sufficient to cover the annual b

Commission; and

(B) shall be paid to the Commission, provided, 

each host state collecting such surcharges may retai

the collection sufficient to cover the administra

collection, and that the remainder be sufficient only 

approved annual budget of the Commission.

i. The Commission shall keep accurate accounts of a

disbursements. An independent certified public account 

audit all receipts and disbursements of Commission fun

an audit report to the Commission. Such audit report sh

part of the annual report of the Commission required by 

j. The Commission may accept for any of its purposes 

any and all donations, grants of money, equipment, supplies

services, conditional or otherwise from any person and may r

and dispose of same, attendant upon any donation or g

pursuant to this section, together with the identity of the don

lender, shall be detailed in the annual report of the Commis

k. (1) Except as otherwise provided herein, nothing in 

shall be construed to alter the incidence of liability of an

act, omission, course of conduct, or on account of any c

relationships. Generators, transporters of waste, owners 

of facilities shall be liable for their acts, omission

relationships in accordance with all laws relating thereto

(2) The Commission herein established is a legal e

and distinct from the party states and shall be so liable 

Liabilities of the Commission shall not be deemed lia

party states. Members of the Commission shall not be pe

for actions taken by them in their official capacity.

1. Any person or party state aggrieved by a final d

Commission may obtain judicial review of such decision

States District Court in the District wherein the Commis

its headquarters by filing in such court a petition for rev

days after the Commission’s final decision. Proceedi

shall be in accordance with the rules of procedure appl

court.

m. The Commission shall:

1. Receive and approve the application of a non-

become a party state in accordance with Article VII;

2. submit an annual report, and otherwise communi

Governors and the presiding officers of the legislative 

party states regarding the activities of the Commission;

3. hear and negotiate disputes which may arise betw

states regarding this compact;

4. require of and obtain from the party states, and no

seeking to become party states, data and information ne

implementation of Commission and party states’ respon

Grants.

Audit.

Report.

Reports.

Prohibition.

Report.
6. notwithstanding any other provision of this com

authority to enter into agreements with any person for th

of waste into the region and for the right of access to fac

the region for waste generated within the region. Such au

import or export waste requires the approval of the 

including the affirmative vote of any host state which ma

7. revoke the membership of a party state in acc

Articles V and VII;

8. require all party states and other persons to perfor

and obligations arising under this compact by an approp

any forum designated in section e. of Article IV; and

9. take such action as may be necessary to perform 

functions as provided in this compact.

Article V–Development and Operation of

Regional Facilities

a. Following the collection of sufficient data and inform

states, the Commission shall allow each party state the o

volunteer as a host for a regional facility.

b. If no state volunteers or if no proposal identified by a v

is deemed acceptable by the Commission, based on the crit

c. of this Article, then the Commission shall publicly seek 

the development and operation of regional facilities.

c. The Commission shall review and consider eac

proposal based upon the following criteria:

1. The capability of the applicant to obtain a lice

applicable authority;

2. the economic efficiency of each proposed reg

including the total estimated disposal and treatment costs 

of waste;

3. financial assurances;

4. Accessibility to all party states; and

5. Such other criteria as shall be determined by the C

be necessary for the selection of the best proposal, based 

safety and welfare of the citizens in the region and the p

d. The Commission shall make a preliminary selection o

or proposals considered most likely to meet the criteria e

section c. and the needs of the region.

e. Following notification of each party state of the 

preliminary selection process, the Commission shall:

1. Authorize any person whose proposal has been sele

licensure of the regional facility or facilities in accord

proposal originally submitted to the Commission or as 

the approval of the Commission; and

2. require the appropriate state or states or the 

Regulatory Commission to process all applications fo

licenses required for the development and operation o

facility or facilities within a reasonable period from th

completed application is submitted.

f. The preliminary selection or selections made by the 

pursuant to this Article shall become final and receive the 

approval as a regional facility upon the issuance of license b

Contracts.

Exports.

Imports.

Health.

Safety.
identified in this Article.

g. The Commission may, by two-thirds affirmative 

membership, revoke the membership of any party state whic

and hearing, shall be found to have arbitrarily or capriciou

delayed the issuance of a license or permit to any person aut

Commission to apply for such license or permit. Revocation 

same manner as provided for in section e. of Article VII.

Article VI–Other Laws and Regulations

a. Nothing in this compact shall be construed to:

1. Abrogate or limit the applicability of any act o

diminish or otherwise impair the jurisdiction of any F

expressly conferred thereon by the Congress;

2. prevent the application of any law which is 

inconsistent with this compact;

3. prohibit or otherwise restrict the management and 

site where it is generated if such is otherwise lawful;

4. Affect any judicial or administrative proceeding p

effective date of this compact;

5. Alter the relations between, and the respe

responsibilities of, the government of a party state and its 

and

6. Affect the generation or management of waste ge

Federal government or federal research and developmen

b. No party state shall pass or enforce any law or regul

inconsistent with this compact.

c. All laws and regulations or parts thereof of any party s

inconsistent with this compact are hereby declared null 

purposes of this compact. Any legal right, obligation, violat

arising under such laws or regulations prior to enactment o

shall not be affected.

d. No law or regulation of a party state or of any s

instrumentality thereof may be applied so as to restrict or mak

or inconvenient access to any regional facility by the generat

party state than for the generators of the state where the facil

Article VII–Eligible Parties, Withdrawal, Revocation, 

Force, Termination

a. This compact shall have as initially eligible parties 

Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Ne

Dakota and Oklahoma. Such initial eligibility shall termina

1, 1984.

b. Any state may petition the Commission for eligibility

state shall become eligible for membership in the comp

unanimous approval of the Commission. 

c. An eligible state shall become a member of the compa

bound by it after such state has enacted the compact into la

shall the compact take effect in any state until it has been ent

as provided for in section f. of this Article.

Prohibition.

Research and 

development.

Prohibition.

Regulations.

Prohibition.

Regulations.

Arkansas.

Iowa.

Kansas.

Louisiana.

Minnesota.

Missouri.

Nebraska.

North Dakota.

Oklahoma.

Prohibition.
approval of the Commission, such withdrawal shall take ef

after the Governor of the withdrawing state has given notic

such withdrawal to each Governor of the party states. No wi

affect any liability already incurred by or chargeable to a pa

to the time of such withdrawal.

e. Any party state which fails to comply with the terms o

or fulfill its obligations hereunder may, after notice and he

privileges suspended or its membership in the compact re

Commission. Revocation shall take effect one year from 

party state receives written notice from the Commission of 

Commission may require such party state to pay to the Com

period not to exceed five years from the date of notice of 

amount determined by the Commission based on the an

which the generators of such party state would have paid to 

facility and an amount equal to that which such party stat

contributed in accordance with section d. of Article III, in 

insufficient revenues. The Commission shall use such fund

continued availability of safe and economical waste manage

for all remaining party states. Such state shall also pay an am

that which such party state would have contributed to the an

the Commission if such party state would have remained a m

compact. All legal rights established under this compact of a

which has its membership revoked shall cease upon the eff

revocation; however, any legal obligations of such party stat

to the effective date of revocation shall not cease until th

fulfilled. Written notice of revocation of any state’s mem

company shall be transmitted immediately following th

Commission, by the chairman, to the Governor of the affect

all other Governors of the party states and the Congress 

States.

f. This compact shall become effective after enactment b

eligible states and after consent has been given to it by the 

Congress shall have the opportunity to withdraw such conse

years. Failure of the Congress to withdraw its consent affir

have the effect of renewing consent for an additional five-ye

consent given to this compact by the Congress shall extend 

admittance of new party states under sections b. and c. of th

to the power to ban the exportation of waste pursuant to Art

g. The withdrawal of a party state from this compact un

of this Article or the revocation of a state’s membership in 

under section 3. of this Article shall not affect the applic

compact to the remaining party states.

h. This compact shall be terminated when all part

withdrawn pursuant to section d. of this Article.

Article VIII–Penalties

a. Each party state, consistent with its own law, shall 

enforce penalties against any person for violation of any pr

compact.

b. Each party state acknowledges that the receipt by a re

of waste packaged or transported in violation of applica

Effective date.

Prohibition.

Termination.

Regulations.
Article IX–Severability and Construction

The provisions of this compact shall be severable and 

clause, sentence or provision of this compact is declared 

competent jurisdiction to be contrary to the Constitu

participating state or of the United States or the applicability 

government, agency, person or circumstances is held invali

of the remainder of this compact and the applicability t

government, agency, person or circumstance shall not be aff

If any provision of this compact shall be held contrary to th

of any state participating therein, the compact shall remain 

and effect as to the state affected as to all severable matters. T

of this compact shall be liberally construed to give effect t

thereof.

Sec. 223. Southeast Interstate Low-Level Radioactive W

Management Compact

In accordance with section 4(a)(2) of the Low-Leve

Waste Policy Act (42 USC 2021d(a)(2), the consent of th

hereby given to the States of Alabama, Florida, Georgia

North Carolina, South Carolina, Tennessee, and Virginia to 

Southeast Interstate Low-Level Radioactive Waste 

Compact. Such compact is substantially as follows:

Southeast Interstate Low-Level Radioactive Waste M

Compact

Article I–Policy and Purpose

There is hereby created the Southeast Interstat

Radioactive Waste Management Compact. The party states 

declare that each state is responsible for providing for the 

capacity either within or outside the State for disposal 

radioactive waste generated within its borders, except for w

as a result of defense activities of the federal governme

research and development activities. They also recog

management of low-level radioactive waste is handled most 

a regional basis. The party states further recognize that the C

United States, by enacting the Low-Level Radioactive Wa

(Public Law 96-573), has provided for encouraged the devel

level radioactive waste compacts as a tool for disposal of su

party states recognize that the safe and efficient managemen

radioactive waste generated within the region requires t

capacity to dispose of such waste be properly provided.

It is the policy of the party states to: enter into a regio

radioactive waste management compact for the purpose of 

instrument and framework for a cooperative effort; prov

facilities for the proper management of low-level radi

generated in the region; promote the health and safety of th

the number of facilities required to effectively and efficiently 

level radioactive waste generated in the region; encourage th

the amounts of low-level waste generated in the region; 

costs, benefits, and obligations of successful low-level rad

42 USC 2021d 

note. 

Alabama.

Florida. 

Georgia.

Mississippi.

North Carolina.

South Carolina.

Tennessee.

Virginia.

Research and 

development.

42 USC 2021b

note.
Implicit in the Congressional consent to this compact is t

by Congress and the party states that the appropriate federa

actively assist the Compact Commission and the individual 

this compact by:

1. expeditious enforcement of federal rules, regulatio

2. imposing sanctions against those found to be in v

federal rules, regulations, and laws;

3. timely inspection of their licensees to determ

capability to adhere to such rules, regulations, and laws;

4. timely provision of technical assistance to this c

carrying out their obligations under the Low-Level R

Waste Policy Act, as amended.

Article II–Definitions

As used in this compact, unless the context clearly requi

construction:

1. “Commission” or “Compact Commission” means 

Interstate Low-Level Radioactive Waste Management C

2. “Facility” means a parcel of land, together with 

equipment, and improvements thereon or appurtenant the

used or is being developed for the treatment, storage, 

low-level radioactive waste.

3. “Generator” means any person who produces or p

level radioactive waste in the course of, or as an 

manufacturing, power generation, processing, medical 

treatment, research, or other industrial or commercial 

does not include persons who provide a service to 

arranging for the collection, transportation, storage, o

wastes with respect to such waste generated outside the 

4. “High-level waste” means irradiated reactor fuel, 

from reprocessing irradiated reactor fuel, and solids in

liquid wastes have been converted, and other high-lev

waste as defined by the U.S. Nuclear Regulatory Comm

5. “Host state” means any state in which a regio

situated or is being developed.

6. “Low-level radioactive waste” or “waste” mean

waste not classified as high-level radioactive waste, tran

spent nuclear fuel, or by-product material as defined in 

of the Atomic Energy Act of 1954, or as may be furth

Federal law or regulation.

7. “Party state” means any state which is a signator

compact.

8. “Person” means any individual, corporation, busin

or other legal entity (either public or private).

9. “Region ‘ means the collective party states.

10. ‘Regional facility” means (1) a facility as defined 

which has been designated, authorized, accepted, or ap

Commission to receive waste or (2) the disposal facilit

County, South Carolina, owned by the State of South C

licensed for the burial of low-level radioactive waste on 

but in no event shall this disposal facility serve as a re

beyond December 31, 1992.

Regulations.

42 USC 2021b 

note.

42 USC 2014.
any other territorial possession of the United States.

12. “Transuranic wastes” means waste materi

transuranic elements with contamination levels as dete

regulations of (1) the U.S. Nuclear Regulatory Commiss

host state, if it is an agreement state under section 274 

Energy Act of 1954.

13. “Waste management” means the storage, treatme

of waste.

Article III–Rights and Obligations

The rights granted to the party states by this compact ar

the rights enjoyed by sovereign states, and nothing in this 

be construed to infringe upon, limit, or abridge those rights.

(A) Subject to any license issued by the U.S. Nucle

Commission or a host state, each party state shall have th

all wastes generated within its borders stored, treated, o

as applicable, at regional facilities and, additionally, s

right of access to facilities made available to the re

agreements entered into by the Commission pursuant to A

The right of access by a generator within a party state t

facility is limited by its adherence to applicable state an

and regulation.

(B) If no operating regional facility is located within 

a party state and the waste generated within its borders m

be stored, treated, or disposed of at a regional facility in 

state, the party state without such facilities may be requir

state or states to establish a mechanism which provides 

for access to the regional facility according to terms a

established by the host state or states and approved by a t

of the Commission.

(C) Each party state must establish the capabilit

license, and ensure the maintenance and extended care 

within its borders. Host states are responsible for the av

subsequent post-closure observation and maintenan

extended institutional control of their regional facilities 

with the provisions of Article 5, section (b).

(D) Each party state must establish the capability t

applicable federal or state laws and regulations pert

packaging and transportation of waste generated with

through its borders.

(E) Each party state must provide to the Commission 

basis any data and information necessary to the impleme

Commission’s responsibilities. Each party state shall 

capability to obtain any data and information necessa

obligation.

(F) Each party state must, to the extent authorized b

require generators within its borders to use the best av

management technologies and practices to minimize th

waste requiring disposal.

42 USC 2021.

Prohibition.

Regulations.

Transportation.
(A) There is hereby created the Southeast Interstat

Radioactive Waste Management Commission (“Com

“Compact Commission”). The Commission shall consist 

members from each party state to be appointed according 

each state. The appointing authorities of each state mu

Commission in writing of the identity of its members and a

An alternate may act on behalf of the member only in 

absence.

(B) Each commission member is entitled to one vote. N

Commission shall be binding unless a majority of the total m

cast their vote in the affirmative, or unless a greater than m

specifically required by any other provision of this compact

(C) The Commission must elect from among its membe

officer. The Commission shall adopt and publish, in con

bylaws which are consistent with this compact. 

(D) The Commission must meet at least once a year and a

the call of the presiding officer, by petition of a majority of th

or upon the call of a host state. All meetings of the Commi

open to the public.

(E) The Commission has the following duties and powe

1. To receive and approve the application of a non

become an eligible state in accordance with the provisi

7(b).

2. To receive and approve the application of a non

become an eligible state in accordance with the provisi

7(c).

3. To submit an annual report and other communi

Governors and to the presiding officer of each body of 

of the party states regarding the activities of the Commi

4. To develop and use procedures for determining, c

consideration for public health and safety, the type a

regional facilities which are presently necessary an

projected to be necessary to manage waste generated wit

5. To provide the party states with reference g

establishing the criteria and procedures for evaluatin

locations for emergency or permanent regional facilities

6. To develop and adopt, within one year after the C

constituted as provided in Article 7(d) procedures an

identifying a party state as a host state for a region

determined pursuant to the requirements of this article. 

with these procedures and criteria, the Commission shall 

state for the development of a second regional disposal 

three years after the Commission is constituted as pr

Article 7(d), and shall seek to ensure that such facility i

ready to operate as soon as required but in no event later 

In developing criteria, the Commission must 

following; the health, safety, and welfare of the citizen

states; the existence of regional facilities within each p

minimization of waste transportation; the volumes and ty

generated within each party state; and the environmen

and ecological impacts on the air, land, and water resourc

states.

Southeast 

Interstate LowLevel 

Radioactive 

Waste 

Management 

Commission, 

establishment.

Report.

Health.

Safety.

Environmental 

protection.

Health.

Safety.

Transportation.
approved procedures in order to identify a party state as a 

a needed facility.

7. In accordance with the procedures and crite

pursuant to section (e)(6) of this Article, to designate, b

vote, a host state for the establishment of a needed reg

The Commission shall not exercise this authority unless t

have failed to voluntarily pursue the development of suc

Commission shall have the authority to revoke the me

party state that willfully creates barriers to the siting 

regional facility.

8. To require of and obtain from party states, eligible 

to become party states, and nonparty states seeking to be

states, data and information necessary to the imple

Commission responsibilities.

9. Notwithstanding any other provision of this com

into agreements with any person, state, or similar reg

group of states for the importation of waste into the regi

right of access to facilities outside the region for wa

within the region. The authorization to import require

majority vote of the Commission, including an affirmativ

representatives of a host state in which any affected regi

located. This shall be done only after an assessment o

facility’s capability to handle such wastes.

10. To act or appear on behalf of any party state or sta

written request of both members of the Commission fo

states as an intervenor or party in interest before C

legislatures, any court of law, or any federal, state, or 

board, or commission which has jurisdiction over the m

wastes. The authority to act, intervene, or otherwise ap

exercised by the Commission, only after approval by a 

of the Commission.

11. To revoke the membership of a party state in ac

Article 7(f).

F. The Commission may establish any advisory committe

necessary for the purpose of advising the Commission o

pertaining to the management of low-level radioactive wast

G. The Commission may appoint or contract for and com

limited staff necessary to carry out its duties and functions. 

serve at the commission’s pleasure irrespective of the 

personnel, or other merit laws of any of the party states 

government and shall be compensated from funds of the C

selecting any staff, the Commission shall assure that the staf

experience and formal training to carry out such functio

assigned to it by the Commission. If the Commission has a h

shall be in a party state.

H. Funding for the Commission must be provided as fol

1. Each eligible state, upon becoming a party st

twenty-five thousand dollars to the Commission which 

for costs of the Commission’s services.

2. Each state hosting a regional disposal facility shall 

special fees or surcharges on all users of such facility, b

volume of wastes disposed of at such facilities, the total 

a. must be sufficient to cover the annual budget of the C

Prohibition.

Contracts.

Imports.
c. must be paid to the Commission;

Provided, however, That each host state collecting 

surcharges may retain a portion of the collection sufficien

administrative costs of collection and that the remainder be 

to cover the approved annual budgets of the Commission.

3. The Commission must set and approve its first ann

soon as practicable after its initial meeting. Host state

facilities must begin imposition of the special fees a

provided for in this section as soon as practicable after b

states and must remit to the Commission funds r

collection of such special fees and surcharges within sixt

receipt.

I. The Commission must keep accurate accounts of al

disbursements. An independent certified public accountant 

audit all receipts and disbursements of Commission funds 

audit report to the Commission. The audit report shall be m

the annual report of the Commission required by Article 4(e

J. The Commission may accept for any of its purposes 

any and all donations, grants of money, equipment, suppl

and services (conditional or otherwise) from any state, or the 

or any subdivision or agency thereof, or interstate agency

institution, person, firm, or corporation, and may receive

dispose of the same. The nature, amount, and condition, if 

upon any donation or grant accepted pursuant to this section

the identity of the donor, grantor, or lender shall be detailed 

report to the Commission.

K. The Commission is not responsible for any costs asso

(1) the creation of any facility,

(2) the operation of any facility,

(3) the stabilization and closure of any facility,

(4) the post-closure observation and maintenance of a

(5) the extended institutional control, after post-closu

and maintenance of any facility.

L. As of January 1, 1986, the management of waste

facilities is restricted to wastes generated within the region, 

generated within nonparty states when authorized by the 

pursuant to the provisions of this compact. After January 

Commission may prohibit the exportation of waste from the 

purposes of management.

M. 1. The Commission herein established is a legal entit

distinct from the party states capable of acting in its own 

liable for its actions. Liabilities of the Commission shall n

liabilities of the party states. Members of the Commiss

personally be liable for action taken by them in their officia

2. Except as specifically provided in this compact, n

compact shall be construed to alter the incidence of liabilit

for any act, omission, course of conduct, or on account of 

other relationships. Generators and transporters of wastes an

operators of sites shall be liable for their acts, omission

relationships in accordance with all laws relating thereto.

Audit report.

Grants.

Report.

Exports.

Prohibition.

Prohibition.
A. Any party state which becomes a host state in wh

facility is operated shall not be designated by the Compact C

a host state for an additional regional facility until each p

fulfilled its obligation, as determined by the Commissio

regional facility operated within its borders.

B. A host state desiring to close a regional facility loca

borders may do so only after notifying the Commission in 

intention to do so and the reasons therefor. Such notification 

to the Commission at least four years prior to the intended d

Notwithstanding the four-year notice requirement herein pr

state is not prevented from closing its facility or establishing 

its use and operations as necessary for the protection of t

safety of its citizens. A host state may terminate or limit 

regional facility if it determines that Congress has materia

conditions of this compact.

C. Each party state designated as a host state for a regiona

take appropriate steps to ensure that an application for 

construct and operate a facility of the designated type is 

issued by the appropriate authority.

D. No party state shall have any form of arbitrary proh

treatment, storage, or disposal of low-level radioactive wa

borders.

E.4 No party state shall be required to operate a region

longer than a 20-year period, or to dispose of more than 32,

feet of low-level radioactive waste, whichever first occurs.

Article VI–Other Laws and Regulations

A. Nothing in this compact shall be construed to:

(1) Abrogate or limit the applicability of any act o

diminish or otherwise impair the jurisdiction of any f

expressly conferred thereon by the Congress.

(2) Abrogate or limit the regulatory responsibility an

the U.S. Nuclear Regulatory Commission or of an ag

under section 274 of the Atomic Energy Act of 195

regional facility is located.

(3) Make inapplicable to any person or circumstance 

of a party state which is not inconsistent with this compa

(4) Make unlawful the continued development and op

facility already licensed for development or operation o

compact becomes effective, except that any such facility 

with Article 3, Article 4, and Article 5 and shall be subjec

lawfully taken pursuant thereto.

(5) Prohibit any storage or treatment of waste by the 

its own premises.

(6) Affect any judicial or administrative proceeding p

effective date of this compact.

(7) Alter the relations between, and the respe

responsibilities of, the government of a party state and its 

––––––––

4 Added by P.L. 101–171, 103 Stat. 1289 (1989).

Health.

Safety.

Prohibition.

Prohibition.

42 USC 2021.

Prohibition.
the United States Department of Energy or federal 

development activities as defined in Public Law 96-573

(9) Affect the rights and powers of any party state a

subdivisions to regulate and license any facility within it

affect the rights and powers of any party state and its po

subdivisions to tax or impose fees on the waste managed 

within its borders.

B. No party shall pass any law or adopt any regula

inconsistent with this compact. To do so may jeopardize th

status of the party state.

C. Upon formation of the compact no law or regulation o

or of any subdivision or instrumentality thereof may be ap

restrict or make more inconvenient access to any regional 

generators of another party state than for the generators of t

the facility is situated.

D. Restrictions of waste management of regional faciliti

Article 4 shall be enforceable as a matter of state law.

Article VII–Eligible Parties; Withdrawal; Revocation; 

Force; Termination

A. This compact shall have as initially eligible parties 

Alabama, Florida, Georgia, Mississippi, North Carolina, S

Tennessee, and Virginia.

B. Any state not expressly declared eligible to become a 

this compact in section (A) of this Article may petition the 

once constituted, to be declared eligible. The Commission 

such conditions as it deems necessary and appropriate to be 

wishing to become eligible to become a party state to 

pursuant to such provisions of this section. Upon satisfactori

conditions and upon the affirmative vote of two-thirds of the 

including the affirmative vote of both representatives of a 

which any affected regional facility is located, the petition

be eligible to become a party state to this compact and may b

state in the manner as those states declared eligible in sect

Article.

C. Each state eligible to become a party state to this com

declared a party state upon enactment of this compact into la

and upon payment of the fees required by Article 

Commission is the judge of the qualifications of the party st

members and of their compliance with the conditions and re

this compact and the laws of the party states relating to the 

this compact.

D. 1. The first three states eligible to become party 

compact which enact this compact into law and approp

required by Article 4(H)(1) shall immediately, upon the a

their Commission members, constitute themselves as the S

Level Radioactive Waste Management Commission; 

legislation to be introduced in Congress which grants th

Congress to this compact; and shall do those things necessa

the commission and implement the provisions of this compa

Research and 

development.

Prohibition.

Regulation.

Alabama.

Florida.

Georgia.

Mississippi.

North Carolina.

South Carolina.

Tennessee.

Virginia.
section (C) of this Article.

3. The consent of Congress shall be required 

implementation of this compact. The provisions of Art

(D) shall not become effective until the effective date of 

authorized by Article 4, section (L) as approved by Cong

may by law withdraw its consent only every five years.

E. No state which holds membership in any other region

the management of low-level radioactive waste may be con

Compact Commission for eligible state status or party state 

F. Any party state which fails to comply with the prov

compact or to fulfill the obligations incurred by becoming a 

this compact may be subject to sanctions by the Commiss

suspension of its rights under this compact and revocation 

a party state. Any sanction shall be imposed only upon the af

of at least two-thirds of the Commission members. Revoc

state status may take effect on the date of the meeting 

Commission approves the resolution imposing such sanct

event shall revocation take effect later than ninety days fro

such meeting. Rights and obligations incurred by being de

state to this compact shall continue until the effective date o

imposed or as provided in the resolution of the Commission 

sanction.

The Commission must, as soon as practicable after t

which a resolution revoking status as a party state is appr

written notice of the action, along with a copy of the reso

Governors, the Presidents of the Senates, and the Speakers 

of Representatives of the party states, as well as cha

appropriate committees of Congress.

G. Subject to the provisions of Article 7, section H., a

may withdraw from the compact by enacting a law repealing 

provided that if a regional facility is located within suc

regional facility shall remain available to the region for four 

date the Commission receives verification in writing from th

such party state of the rescission of the Compact. The Com

receipt of the verification, shall as soon as practicable pro

such verification to the Governor, the presidents of the Se

Speakers of the Houses of Representatives of the party states 

chairmen of the appropriate committees of the Congress.5

H. The right of a party state to withdraw pursuant to se

terminate thirty days following the commencement of op

second host state disposal facility. Thereafter a party state m

only with the unanimous approval of the Commission and w

of Congress.

For purposes of this section, the low-level radioactive w

facility located in Barnwell County, South Carolina shall be 

first host state disposal facility.6

I.7

 This compact may be terminated only by the affirm

the Congress or by rescission of all laws enacting the compac

state.

––––––––

5 Amended by P.L. 101–171, 103 Stat. 1290 (1989). 6 Amended by P.L. 101–171, 103 Stat. 1290 (1989). 7 Added by P.L. 101–171, 103 Stat. 1290 (1989).

Effective date.

Prohibition.

South Carolina.
A. Each party state, consistently with its own law, shall 

enforce penalties against any person not an official of ano

violation of any provisions of this compact.

B. Each party state acknowledges that the receipt by a 

waste packaged or transported in violation of applica

regulations can result in the imposition of sanctions by the ho

may include suspension or revocation of the violator’s righ

the facility in the host state.

Article IX–Severability and Construction

The provisions of this compact shall be severable and 

clause, sentence, or provision of this compact is declared 

competent jurisdiction to be contrary to the Constitu

participating state or of the United States, or the applicabi

any government, agency, person, or circumstance is hel

validity of the remainder of this compact and the applicabi

any other government, agency, person, or circumstance 

affected thereby. If any provision of this compact shall be he

the Constitution of any State participating therein, the 

remain in full force and effect as to the state affected as to 

matters. The provisions of this compact shall be liberally con

effect to the purposes thereof.

Sec. 224. Central Midwest Interstate Low-Level Radioac

Compact

In accordance with section 4(a)(2) of the Low-Leve

Waste Policy Act (42 USC 2021d(a)(2)), the consent of 

hereby is given to the States of Illinois and Kentucky to 

Central Midwest Interstate Low-Level Radioactive Waste C

compact is substantially as follows:

Central Midwest Interstate Low-Level Radioactive Wa

Article I–Policy and Purpose

There is created the Central Midwest Interstate Low-Leve

Waste Compact.

The states party to this compact recognize that the Co

United States, by enacting the Low-Level Radioactive Wa

(42 USC 2021), has provided for and encouraged the develo

level radioactive waste compacts as a tool for managing su

party states also recognize that the management of low-lev

waste is handled most efficiently on a regional basis; and, th

efficient management of low-level radioactive waste genera

region requires that sufficient capacity to manage such was

provided.8

a) It is the policy of the party states to enter into a regio

radioactive waste management compact for the purpose of:

1) providing the instrument and the framework for 

effort;

––––––––

8 Amended by P.L. 103–439, 108 Stat. 4607 (1994).

Regulation.

Provisions held 

invalid.

42 USC 2021d

note.

Illinois.

Kentucky.

42 USC 2021b 

note.
3) protecting the health and safety of the citizens of t

4) limiting the number of facilities required to man

radioactive waste generated in the region effectively and 

5) promoting the volume and source reduction 

radioactive waste generated in the region;

6) distributing the costs, benefits and obligations of su

level radioactive waste management equitably among th

and among generators and other persons who use region

manage their waste;

7) ensuring the ecological and economical manage

level radioactive waste, including the prohibition of 

burial of waste; and

8) promoting the use of above-ground facilities and 

technologies providing greater and safer confinement 

radioactive waste than shallow-land burial facilities.

b) Implicit in the Congressional consent to this co

expectation by the Congress and the party states that th

federal agencies will actively assist the Compact Commi

individual party states to this compact by:

1) expeditious enforcement of federal rules, regulatio

2) imposition of sanctions against those found to be 

federal rules, regulations and laws; and

3) timely inspection of their licensees to de

compliance with these rules, regulations and laws.

Article II–Definitions

As used in this compact, unless the context clearly requi

construction:

a) “Commission” means the Central Midwest Intersta

Radioactive Waste Commission.

b) “Decommissioning” means the measures taken at 

facility’s operating life to assure the continued protection 

from any residual radioactivity or other potential hazard

facility.

c) “Disposal” means the isolation of waste from the b

permanent facility designed for that purpose.

d) “Eligible” state means either the State of Ill

Commonwealth of Kentucky.

e) “Extended care” means the continued observation of 

closure for the purpose of detecting a need for maintena

environmental safety, and determining compliance wi

licensure and regulatory requirements and includes undertak

or clean-up necessary to protect public health and the envi

radioactive releases from a regional facility.

f) “Facility” means a parcel of land or site, together with 

equipment and improvements on or appurtenant to the land 

is used or is being developed for the treatment, storage or di

level radioactive waste.

g) “Generator” means a person who produces or posse

radioactive waste in the course of or incident to manufac

generation, processing medical diagnosis and treatment, res

industrial or commercial activity and who, to the extent req

Health.

Safety.

Regulations.
h) Host state means any party state that is desig

Commission to host a regional facility, provided that a par

total volume of waste recorded on low-level radioactive w

for any year that is less than 10 percent of the total volum

such manifests for the region during the same year shall not 

a host state.

i) “Institutional control” means those activities carried o

state to physically control access to the disposal site follow

control of the disposal site from the disposal site operator 

federal government. These activities must include, but need 

to, environmental monitoring, periodic surveillance, minor 

and other necessary activities at the site as determined by 

and administration of funds to cover the costs for these a

period of institutional control will be determined by the h

institutional control may not be relied upon for more th

following transfer of control of the disposal site to the st

government.

j) “Long-term liability” means the financial obligation t

any person for medical and other expenses incurred from 

human health, personal injuries suffered from damages to 

and damages or losses to real or personal property, and to p

costs for accomplishing any necessary corrective action or cl

or personal property caused by radioactive releases fro

facility.

k) “Low-level radioactive waste” or “waste” means rad

not classified as (1) high-level radioactive waste, (2) transur

spent nuclear fuel, or (4) by-product material as defined in s

of the Atomic Energy Act of 1954. This definition 

notwithstanding any declaration by the federal government, 

regulatory agency that any radioactive material is exem

regulatory control.9

1) “Management plan” means the plan adopted by the Co

the storage, transportation, treatment and disposal of wa

region.

m) “Manifest” means a shipping document identifying th

waste, the volume of waste, the quantity of radionuclides in 

and such other information as may be required by th

regulatory agency.

n) “Party state” means any eligible state which enacts the 

law and pays the membership fee.

o) “Person” means any individual, corporation, busines

other legal entity, either public or private, and any leg

representative, agent or agency of that individual, corpora

enterprise, or legal entity.

p) “Region” means the geographical area of the party sta

q) “Regional facility” means any facility as defined in A

is (1) located within the region, and (2) established by 

pursuant to designation of that state as a host state by the Co

r) “Shallow-land burial” means a land disposal faci

radioactive waste is disposed of in or within the upper 30 

––––––––

9 Amended by P.L. 103–439, 108 Stat. 4608 (1994). 10 Amended by P.L. 103–439, 108 Stat. 4608 (1994).

42 USC 2014.
extends below the earths surface.

s) “Site” means the geographic location of a facility.

t) “Source reduction” means those administrative practic

the radionuclide levels in low-level radioactive waste or th

generation of additional low-level radioactive waste.

u) “State” means a state of the United States, the District 

the Commonwealth of Puerto Rico, the Virgin Islands 

territorial possession of the United States.

v) “Storage” means the temporary holding of waste fo

disposal.

w) “Treatment” means any method, technique or proc

storage for radioactive decay, designed to change the phys

or biological characteristics or composition of any waste in o

the waste safer for transport or management, amenable 

convertible to another usable material or reduced in volume

x) “Volume reduction” means those methods including, b

to, biological, chemical, mechanical and thermal methods u

the amount of space that waste materials occupy and to pu

form suitable for storage or disposal.

y) “Waste management” means the source and volu

storage, transportation, treatment or disposal of waste.

Article III–The Commission

a) There is created the Central Midwest Interstat

Radioactive Waste Commission. Upon the eligible states b

states, the Commission shall consist of two voting Comm

each state eligible to be designated a host state under Arti

voting Commissioner from any other party state, and for 

facility, one non-voting Commissioner who is an elected o

government and a resident of the county where that regio

located. The Governor of each party state shall notify the C

writing of its Commissioners and any alternates.11

b) Each voting Commissioner is entitled to one vote. No 

Commission is binding unless a majority of the voting mem

its vote in the affirmative. In addition, no agreement by the 

under Article III(i)(1), Article III(i)(2), or Article III(i)(3) 

all voting Commissioners from the party state in which the 

waste would be sent cast their votes in the affirmative.12

c) The Commission shall elect annually from among i

chairperson. The Commission shall adopt and publish, in con

by-laws and policies that are not inconsistent with this comp

procedures that conform with the provisions of the Federal A

Procedure Act (5 USC ss. 500 to 559) to the greatest extent 

regard to notice, conduct and recording of meetings; access 

to records; provision of information to the public; conduct o

hearings; and issuance of decisions.

d) The Commission shall meet at least once annually 

meet upon the call of any voting Commissioner.13

––––––––

11 Amended by P.L. 103–439, 108 Stat. 4608 (1994). 12 Amended by P.L. 103–439, 108 Stat. 4608 (1994). 13 Amended by P.L. 103–439, 108 Stat. 4608 (1994).

Central 

Midwest 

Interstate LowLevel 

Radioactive 

Waste 

Commission 

establishment.

Public 

information.
may, by majority vote, close a meeting to the public for t

considering sensitive personnel or legal strategy matters. 

Commission actions and decisions shall be made in open 

appropriately recorded. A roll call may be required upon r

voting Commissioner.14

f) The Commission may establish advisory committees f

of advising the Commission on any matters pertain

management, waste generation and source and volume redu

g) The Office of the Commission shall be in Illinois. Th

may appoint or contract for and compensate such staff nece

out its duties and functions. The staff shall serve at the 

pleasure with the exception that staff hired as the result of se

funds shall be hired and governed under applicable federa

regulations. In selecting any staff, the Commission shall a

staff has adequate experience and formal training to carry ou

assigned to it by the Commission.15

h) All files, records and data of the Commission sha

reasonable public inspection and may be copied upon 

reasonable fees to be established where appropriate by the C

except for information privileged against introduction 

proceedings. Such fees may be waived or shall be reduced 

for not-for-profit organizations.

i) The Commission may:

1) Enter into an agreement with any person to allo

outside the region to be disposed of at facilities in the reg

no such agreement shall be effective unless and until rat

enacted by the party state to which the waste would be sen

2) Enter into an agreement with any person to 

described in Article VII(a)(6) to be treated, stored, or 

regional facilities. However, no such agreement shal

unless and until ratified by a law enacted by the hos

regional facility to which the waste would be sent 

storage, or disposal.

3) Enter into an agreement with any person to all

from outside the region to be treated or stored at facilitie

region. 

However, any such agreement shall be revoked as a mat

within one year of the effective date of the agreement, a 

ordering such revocation by the party state to which the 

be sent for treatment or storage.

4) Approve, or enter into an agreement with any p

export of waste from the region.

5) Approve the disposal of waste generated withi

a facility in the region other than a regional facility, 

limitations of Articles V(f) and VII(a)(6).

6) Require that waste generated within the region 

stored at available regional facilities, subject to the 

Articles V(f), VII(a)(3) and VII(a)(6).

7) Appear as an intervenor or party in interest be

of law or any federal, state or local agency, board or c

––––––––

14 Amended by P.L. 103–439, 108 Stat. 4608 (1994). 15 Amended by P.L. 103–439, 108 Stat. 4608 (1994).

Public 

inspection.

Records.

Contracts.

Prohibitions.

Reports.

Prohibition.
evidence or other participation.

8) Review the emergency closure of a reg

determine the appropriateness of that closure, and t

actions are necessary to ensure that the interests of t

protected, provided that a party state with a total vol

recorded on low-level radioactive waste manifests for a

less than 10 percent of the total volume recorded on such 

the region during the same year shall not be designated 

be required to store the region’s waste. In determining 

exclusion, there shall not be included waste recorded 

radioactive waste manifests by a person whose princip

providing a service by arranging for the collection, t

treatment, storage or disposal of such waste.

9) Take any action which is appropriate and 

perform its duties and functions as provided in this comp

10) Suspend the privileges or revoke the member

state.16

j) The Commission shall:

1) Submit within 10 days of its execution to the 

the appropriate officers of the legislative body of the 

which any affected facility is located a copy of any agre

into by the Commission under Article III(i)(1), Artic

Article III(i)(3).

2) Submit an annual report to, and otherwise comm

the governors and the appropriate officers of the legisla

the party states regarding the activities of the Commissio

report shall include a description of the status of the a

pursuant to any agreement entered into by the Comm

Article III(i)(1), Article III(i)(2) or Article III(i)(3) and 

of any provision thereof, and a description of the so

activity, and current status of any waste from outside 

waste described under Article VII(a)(6) that was treat

disposed of in the region in the previous year.

3) Hear, negotiate, and, as necessary, resolve by 

disputes which may arise between the party states r

compact.

4) Adopt and amend, as appropriate, a regiona

plan that plans for the establishment of needed regional 

5) Adopt an annual budget.17

k) Funding of the budget of the Commission shall b

follows:

1) Each state, upon becoming a party state, shall p

the Commission which shall be used for the administrati

Commission.

2) Each state hosting a regional facility shall levy 

each user of the regional facility based upon its portio

volume and characteristics of wastes managed at that 

surcharges collected at all regional facilities shall:

A) be sufficient to cover the annual budget of the 

and

––––––––

16 Amended by P.L. 103–439, 108 Stat. 4609 (1994). 17 Amended by P.L. 103–439, 108 Stat. 4609 (1994).

Report.
collection sufficient to cover its administrat

collection.

l) The Commission shall keep accurate accounts of al

disbursements. The Commission shall contract with an 

certified public accountant to annually audit all receipts and 

of Commission funds and to submit an audit report to the 

The audit report shall be made a part of the annual 

Commission required by this Article.

m) The Commission may accept for any of its purposes 

and may utilize and dispose of any donations, grants of mone

supplies, materials and services from any state or the United 

subdivision or agency thereof), or interstate agency, 

institution, person, firm or corporation. The nature, amount 

if any, attendant upon any donation or grant accepted or re

Commission together with the identity of the donor, gran

shall be detailed in the annual report of the Commission. Th

shall establish guidelines for the acceptance of dona

equipment, supplies, materials and services and shall 

guidelines annually.

n) The Commission is not liable for any costs associate

the following:

1) the licensing and construction of any facility;

2) the operation of any facility;

3) the stabilization and closure of any facility;

4) the extended care of any facility;

5) the institutional control, after extended care o

or

6) the transportation of waste to any facility.

o) The Commission is a legal entity separate and distinct 

states and is liable for its actions as a separate and distinc

Commissioners are not personally liable for actions taken by 

official capacity.18

p) Except as provided under Article III(n), Article III(o)

and Article VI(q), nothing in this compact alters liability f

omission, course of conduct or liability resulting from any c

relationships.19

q) Any person aggrieved by a final decision of the Comm

adversely affects the legal rights, duties or privileges of suc

petition a court of competent jurisdiction, within 60 d

Commission’s final decision, to obtain judicial review 

decision.

Article IV–Regional Management Plan

The Commission shall adopt a regional management pla

ensure the safe and efficient management of waste genera

region. In adopting a regional waste management plan the 

shall:

––––––––

18 Amended by P.L. 103–439, 108 Stat. 4610 (1994). 19 Amended by P.L. 103–439, 108 Stat. 4610 (1994).

Audit.

Contracts.

Reports.

Grants.

Report.

Transportation.
are presently necessary and which are projected to be necess

waste generated within the region.

b) Develop and adopt policies promoting source and vol

of waste generated within the region.

c) Develop alternative means for the treatment, storage a

waste, other than shallow-land burial or underground injecti

d) Prepare a draft regional management plan that s

available in a convenient form to the public for comment. Th

shall conduct one or more public hearings in each party sta

adoption of the regional management plan. The regional man

shall include the Commission’s response to public an

comment.

Article V–Rights and Obligations of Party Sta

a) Each party state shall act in good faith in the perfor

and courses of conduct which are intended to ensure the 

facilities for regional availability and usage in a manner c

this compact.

b) Other than the provisions of Article V(f) and VII(a)(

state has the right to have all wastes generated within borde

regional facilities. This right shall be subject to the prov

Compact. All party states have an equal right of access t

outside the region made available to the region by any agre

into by the Commission pursuant to Article III(i)(4).20

c) Party states or generators may negotiate for the right 

facility outside the region and may export waste outside the 

to Commission approval under Article III(i)(4).21

d) To the extent permitted by federal law, each party stat

any applicable federal and state laws, regulations and rules 

the packaging and transportation of waste generated with

through its borders. Nothing in this Section shall be constru

party state to enter into any agreement with the U. S. Nucle

Commission.

e) Each party state shall provide to the Commission 

information the Commission requires to implement its re

Each party state shall establish the capability to obtain 

information required by the Commission.

f) Waste originating from the Maxey Flats nuclear wast

in Fleming County, Kentucky shall not be shipped to any fac

for storage, treatment or disposal. Disposition of these wast

sole responsibility of the Commonwealth of Kentucky an

shall not be subject to the provisions of Articles IX(b)(3) a

compact.22

Article VI–Development and Operation of Faci

a) Any party state may volunteer to become a host 

Commission may designate that state as a host state.

––––––––

20 Amended by P.L. 103–439, 108 Stat. 4610 (1994). 21 Amended by P.L. 103–439, 108 Stat. 4610 (1994). 22 Amended by P.L. 103–439, 108 Stat. 4610 (1994).

Exports.

Contracts.

Prohibition.

Regulations.

Transportation.

Kentucky.

Prohibition.
existing regional facility will be closed, the Commission m

party state as a host state. A party state shall not be design

state for any regional facility under this Article VI(b) unle

total volume of waste recorded on low-level radioactive w

for any year is more than 10% of the total volume reco

manifests for the region during the same year. In determi

exclusion, there shall not be included waste recorded 

radioactive waste manifests by a person whose principa

providing a service by arranging for the collection, t

treatment, storage or disposal of such waste, or waste descri

VII(a)(6).23

c) Each party state designated as host state is re

determining possible facility locations within its borders. Th

a facility site shall not conflict with applicable federal and h

regulations and rules not inconsistent with this compact and 

on factors including, but not limited to, geological, e

engineering and economic viability of possible facility locat

d) Any party state designated as a host state may 

Commission to relieve that state of the responsibility to s

state. The Commission may relieve a party state of this respo

a showing by the requesting party state that no feasible pot

facility site of the type it is designated to host exists within 

for other good cause shown and consistent with the pur

Compact.25

e) After a state is designated a host state by the Com

responsible for the timely development and operation 

facility.26

f) To the extent permitted by federal and state law, a h

regulate and license any facility within its borders and ensur

care of that facility.27

g) The Commission may designate a party state as a hos

regional facility is in operation if the Commission deter

additional regional facility is or may be required to meet th

region.28

h) Designation of a host state is for a period of 20 year

the regional facility which is established under that designati

is shorter. Upon request of a host state, the Commission m

period of its designation.29

i) A host state may establish a fee system for any re

within its borders. The fee system shall be reasonable and e

fee system shall provide the host state with sufficient revenu

costs including, but not limited to, the planning, siti

operation, pre-closure corrective action or clean-up, 

inspection, decommissioning, extended care and long-t

––––––––

23 Amended by P.L. 103–439, 108 Stat. 4610 (1994). 24 Repealed by P.L. 103–439, 108 Stat. 4611 (1994), and redesignated s

section c. 25 Amended by P.L. 103–439, 108 Stat. 4611 (1994), redesignating sec

section d. 26 Amended by P.L. 103–439, 108 Stat. 4612 (1994), redesignating sec

27 Amended by P.L. 103–439, 108 Stat. 4612 (1994), redesignating sec

28 Amended by P.L. 103–439, 108 Stat. 4612 (1994), redesignating sec

29 Amended by P.L. 103–439, 108 Stat. 4612 (1994), redesignating sec

Prohibition.
incurred in connection with such facility. This fee system ma

reasonable revenue beyond the costs incurred for the host st

approval by the Commission. The fee system shall include 

source or volume reduction and may be based on the hazard 

A host state shall submit an annual financial audit of the op

regional facility to the Commission.30

j) A host state shall ensure that a regional facility loca

borders which is permanently closed is properly decommiss

A host state shall also provide for the extended care o

decommissioned regional facility within its borders so th

health and safety of the state and region are ensured, unles

the federal Nuclear Waste Policy Act of 1982, the federal go

assumed title and custody of the regional facility and 

government thereby has assumed responsibility to provide fo

care of such facility.31

k) A host state intending to close a regional facility loc

borders shall notify the Commission in writing of its inte

reasons. Notification shall be given to the Commission at l

prior to the intended date of closure. This Section shall n

emergency closing of a regional facility by a host state to 

land and water resources and the health and safety of its citiz

a host state which has an emergency closing of a regiona

notify the Commission in writing within 3 working days of 

shall, within 30 working days of its action, demonstrate ju

the closing.32

l) If a regional facility closes before an additional o

becomes operational, waste generated within the region m

temporarily to any location agreed on by the Commission u

facility is operational, provided that the region’s waste shal

in a party state with a total volume of waste recorded 

radioactive waste manifests for any year which is less than 1

volume recorded on the manifests for the region during the 

determining the 10% exclusion, there shall not be included w

on low-level radioactive waste manifests by a person wh

business is providing a service by arranging for th

transportation, treatment, storage or disposal of such wa

described in Article VII(a)(6).33

m) A party state which is designated as a host state by th

and fails to fulfill its obligations as a host state may have 

under the compact suspended or membership in the compa

the Commission.34

n) The host state shall create an “Extended Care an

Liability Fund” and shall allocate sufficient fee reven

pursuant to Article VI(i), to provide for the costs of:

1) decommissioning and other procedures required 

closure of a regional facility;

––––––––

30 Amended by P.L. 103–439, 108 Stat. 4612 (1994), redesignating sec

31 Amended by P.L. 103–439, 108 Stat. 4612 (1994), redesignating sec

32 Amended by P.L. 103–439, 108 Stat. 4611 (1994), and redesignated 

33 Amended by P.L. 103–439, 108 Stat. 4611 (1994), and redesignated 

34 Amended by P.L. 103–439, 108 Stat. 4612 (1994), redesignating sec

section m.

42 USC 10101

note.

Health.

Safety.

Environmental

protection.

Health.

Prohibition.

Safety.

Prohibition.

Transportation.
3) undertaking any corrective action or clean-up 

protect human health and the environment from radioa

from a regional facility; and

4) compensating any person for medical and o

incurred from damages to human health, personal inj

from damages to human health and damages or loss

personal property, and accomplishing any necessary cor

or clean-up on real or personal property caused by radio

from a regional facility; the host state may allocate moni

in amounts as it deems appropriate to purchase insuran

other similar financial protection arrangements consis

purposes of this Fund; this Article VI(n) shall in no ma

financial responsibilities of the site operator under Arti

party states under Article VI(p), or any person who sen

regional facility, under Article VI(q).35

o) The operator of a regional facility shall purchase 

property and third-party liability insurance deemed appropri

state, pay the necessary periodic premiums at all times and 

payments to the Extended Care and Long-Term Liability Fu

in Article VI(n) for such amounts as the host state reasonab

is necessary to provide for future premiums to continue s

coverage, in order to pay the costs of compensating any pers

and other expenses incurred from damages to human he

injuries suffered from damages to human health and damag

real or personal property, and accomplishing any necess

action or clean-up on real or personal property caused b

releases from a regional facility. In the event of such costs 

radioactive releases from a regional facility, the host state 

maximum extent possible, seek to obtain monies from such i

to using monies from the Extended Care and Long-Term Lia

p) All party states shall be liable for the cost of extended 

term liability in excess of monies available from the Exten

Long-Term Liability Fund, as set forth in Article VI(n) 

property and third-party liability insurance as set forth in Ar

party state may meet such liability for costs by levying su

generators located in the party state. The extent of such lia

based on the proportionate share of the total volume of wast

regional facility by generators located in each such part

liability shall be joint and several among the party states w

contribution between the party states. However, this Sec

apply to a party state with a total volume of waste recorded 

radioactive waste manifests for any year that is less than 10

volume recorded on such manifests for the region during th

q)38 Any person who sends waste from outside the re

described in Article VII(a)(6) for treatment, storage or 

regional facility shall be liable for the cost of extended care 

liability of that regional facility in excess of the monies avai

Extended Care and Long-Term Liability Fund as set forth in 

and from the property and third-party liability insurance a

––––––––

35 Amended by P.L. 103–439, 108 Stat. 4611 (1994), and redesignated 

36 Amended by P.L. 103–439, 108 Stat. 4612 (1994), and redesignated 

37 Amended by P.L. 103–439, 108 Stat. 4612 (1994), and redesignated 

38 Added by P.L. 103–439, 108 Stat. 4612 (1994).

Environmental.

Health.

Protection.

Contracts.

Gifts and 

property.

Health.

Insurance.

Health.

Real property.

Insurance.

Contracts.

Prohibition.
the regional facility.

Article VII–Other Laws and Regulations

a) Nothing in this compact:

1) abrogates or limits the applicability of any act o

diminishes or otherwise impairs the jurisdiction of any f

expressly conferred thereon by the Congress;

2) prevents the enforcement of any other law of a par

is not inconsistent with this compact;

3) prohibits any storage or treatment of waste by the 

its own premises;

4) affects any administrative or judicial proceeding p

effective date of this compact;

5) alters the relations between the respective internal 

of the government of a party state and its subdivisions;

6) establishes any right to the treatment, storage or d

facility in the region or provides any authority to prohib

the region of waste that is owned or generated by the 

Department of Energy, owned or generated by the Unite

as a result of the decommissioning of vessels of the 

Navy, or owned or generated as the result of 

development, testing or production of any atomic weapo

7) affects the rights and powers of any party state 

subdivisions, to the extent not inconsistent with this 

regulate and license any facility or the transportation o

its borders or affects the rights and powers of any state 

subdivisions to tax or impose fees on the waste managed 

within its borders;

8) requires a party state to enter into an agreement 

Nuclear Regulatory Commission; or

9) alters or limits liability of transporters of waste an

operators of sites for their acts, omissions, conduct or re

accordance with applicable laws.

b) For purposes of this compact, all state laws or pa

conflict with this compact are hereby superseded to the 

conflict.

c) No law, rule, regulation, fee or surcharge of a party s

of its subdivisions or instrumentalities, may be applied in a 

discriminates against the generators of another party state.

d) No person who provides a service by arranging f

transportation, treatment, storage or disposal of waste fro

region shall be allowed to dispose of any waste, regardless o

region unless specifically permitted under an agreement e

the Commission in accordance with the requirements of Art

––––––––

39 Amended by P.L. 103–439, 108 Stat. 4613 (1994). 40 Amended by P.L. 103–439, 108 Stat. 4613 (1994).

Prohibitions.

Research and 

development.

Taxes.

Transportation.

Contracts.

Prohibition.

Regulations.

Prohibition.
a) Eligible parties to this compact are the State o

Commonwealth of Kentucky. Eligibility terminates on Apri

b) An eligible state becomes a party state when the st

compact into law and pays the membership fee requir

III(k)(1).

c) The Commission is formed upon the appoint

Commissioners and the tender of the membership fee p

Commission by the eligible states. The Governor of Illinois 

the initial meeting of the Commission. The Commissio

legislation to be introduced in the Congress which grants t

the Congress to this compact, and shall take action necessa

the Commission and implement the provisions of this comp

d) Other than the special circumstances for withdrawal in 

this Article, either party state may withdraw from this comp

by repealing the authorizing legislation, but no withdrawal m

until 5 years after the governor of the withdrawing state g

writing of the withdrawal to the Commission and to the go

other state. Withdrawal does not affect any liability already 

chargeable to a party state prior to the time of such withdra

state which grants a disposal permit for waste generated in 

state shall void the permit when the withdrawal of that state 

e) This compact becomes effective July 1, 1984, o

subsequent to July 1, 1984, upon enactment by the e

However, Article IX(b) shall not take effect until the Congr

consented to this compact. The Congress shall have an o

withdraw such consent every 5 years. Failure of the Congres

to withdraw its consent has the effect of renewing consent fo

5 year period. The consent given to this compact by the 

Congress shall extend to the power of the region to ban th

waste into the region pursuant to Article III(i)(1) an

exportation of waste generated within the region under Arti

f) A state which has been designated a host state may w

the compact. The option to withdraw must be exercised wit

the date the governor of the designated state receives writte

designation. Withdrawal becomes effective immediately aft

given in the following manner. The governor of the withdraw

give notice in writing to the Commission and to the governo

state. A state which withdraws from the compact under this s

any funds already paid pursuant to this compact. A designa

which withdraws from the compact after 90 days and prior t

obligations shall be assessed a sum the Commission det

necessary to cover the costs borne by the Commission and re

states as a result of that withdrawal.

––––––––

41 Amended by P.L. 103–439, 108 Stat. 4613 (1994). 42 Amended by P.L. 103–439, 108 Stat. 4613 (1994).

Illinois.

Kentucky.

Effective date.

Exports.

Prohibition.

Effective date.
a) Each party state shall prescribe and enforce penaltie

person who is not an official of another state for violation of 

of this compact.

b) Unless authorized by the Commission pursuant to A

otherwise provided in this Compact, after January 1, 1986 i

of this Compact:

1) for any person to deposit at a facility in the re

from outside the region;

2) for any facility in the region to accept waste fro

the region;

3) for any person to export from the region wa

generated within the region;

4) for any person to dispose of waste at a facility 

a regional facility;

5) for any person to deposit at a regional fac

described in Article VII(a)(6); or

6) for any regional facility to accept waste de

Article VII(a)(6).43

c)44 It is a violation of this compact for any person to 

waste at a facility other than a regional facility if such treatm

is prohibited by the Commission under Article III(i)(6).

d) Each party state acknowledges that the receipt by a 

waste packaged or transported in violation of applicable 

regulations may result in the imposition of sanctions by 

which may include suspension or revocation of the viola

access to the facility in the host state.

e) Each party state has the right to seek legal recourse aga

state which acts in violation of this compact.

Article X–Severability and Construction

The provisions of this compact shall be severable and 

clause, sentence or provision of this compact is declared 

competent jurisdiction to be contrary to the Constitu

participating state or the United States, or if the applicability 

government, agency, person or circumstance is held invali

of the remainder of this compact and the applicability t

government, agency, person or circumstance shall not be aff

If any provision of this compact shall be held contrary to th

of any state participating therein, the compact shall remain 

and effect as to the state affected as to all severable matters.

Sec. 225. Midwest Interstate Low-Level Radio Active W

Management Compact

The consent of Congress is hereby given to the States of 

Michigan, Minnesota, Missouri, Ohio, and Wisconsin to 

Midwest Interstate Compact on Low-Level Radioa

Management. Such compact is as follows:

––––––––

43 Amended by P.L. 103–439, 108 Stat. 4613 (1994). 44 Added by P.L. 103–439, 108 Stat. 4614 (1994), and redesignated sec

sections d and e, respectively.

Regulation.

Provisions held 

invalid.

42 USC 2021d 

note.

Iowa. Indiana.

Michigan.

Minnesota.

Missouri. Ohio.

Wisconsin.
Article I–Policy and Purpose

There is created the Midwest Interstate Low-Level Radio

Compact.

The states party to this compact recognize that the Co

United States, by enacting the Low-Level Radioactive Wa

(42 USC 2021b to 2021d), has provided for and en

development of low-level radioactive waste compacts 

managing such waste. The party states acknowledge that the 

declared that each state is responsible for providing for the 

capacity either within or outside the state for the disposa

radioactive waste generated within its borders, except for w

as a result of certain defense activities of the federal governm

research and development activities. The party states also 

the management of low-level radioactive waste is handled m

on a regional basis; and, that the safe and efficient manag

level radioactive waste generated within the region requires 

capacity to manage such waste be properly provided.

a. It is the policy of the party states to enter into a regio

radioactive waste management compact for the purpose of:

1. Providing the instrument and framework for a coop

2. Providing sufficient facilities for the proper manag

level radioactive waste generated in the region;

3. Protecting the health and safety of the citizens of t

4. Limiting the number of facilities required to e

efficiently manage low-level radioactive waste generated 

5. Encouraging the reduction of the amounts 

radioactive waste generated in the region;

6. Distributing the costs, benefits and obligations of s

level radioactive waste management equitably among th

and among generators and other persons who use region

manage their waste; and

7. Ensuring the ecological and economical manage

level radioactive wastes.

b. Implicit in the Congressional consent to this co

expectation by the Congress and the party states that th

federal agencies will actively assist the Compact Commi

individual party states to this compact by:

1. Expeditious enforcement of federal rules, regulati

2. Imposition of sanctions against those found to be 

federal rules, regulations and laws; and

3. Timely inspection of their licensees to de

compliance with these rules, regulations and laws.

Article II–Definitions

As used in this compact, unless the context clearly requi

construction:

a. “Care” means the continued observation of a facility 

for the purposes of detecting a need for maintenan

environmental safety, and determining compliance wi

Research and 

development.

Health.

Safety.

Regulations.
b. Commission means the Midwest Interstate 

Radioactive Waste Commission.

c. “Decommissioning” means the measures taken at 

facility’s operating life to assure the continued protection 

from any residual radioactivity or other potential hazard

facility.

d. “Disposal” means the isolation of waste from the b

permanent facility designed for that purpose.

e. “Eligible state” means a state qualified to be a part

compact as provided in Article VIII.

f. “Facility” means a parcel of land or site, together with 

equipment and improvements on or appurtenant to the land 

issued or is being developed for the treatment, storage or di

level radioactive waste.

g. “Generator” means any person who produces or posse

radioactive waste in the course of or incident to manufac

generation, processing, medical diagnosis and treatment, res

industrial or commercial activity and who, to the extent req

is licensed by the U. S. Nuclear Regulatory Commission or 

to produce or possess such waste. Generator does not include 

provides a service by arranging for the collection, t

treatment, storage or disposal of wastes generated outside th

h. “Host state” means any state which is designated by th

to host a regional facility.

i. “Low-Level radioactive waste” or “waste” means rad

not classified as high-level radioactive waste, transuranic 

nuclear fuel or by-product material as defined in section 1

Atomic Energy Act of 1954 (42 USC 2014).

j. “Management plan” means the plan adopted by the Co

the storage, transportation, treatment and disposal of wa

region.

k. “Party state” means any eligible state which enacts the 

law.

l. “Person” means any individual, corporation, business 

other legal entity either public or private and any leg

representative, agent or agency of that individual, corpora

enterprise or legal entity.

m. “Region” means the area of the party states.

n. “Regional facility” means a facility which is locat

region and which is established by a party state pursuant to 

that state as a host state by the Commission.

o. “Site” means the geographic location of a facility.

p. “State” means a state of the United States, the District 

the commonwealth of Puerto Rico, the Virgin Islands, 

territorial possession of the United States.

q. “Storage” means the temporary holding of waste fo

disposal.

r. “Treatment” means any method, technique or proc

storage for radioactive decay, designed to change the phys

or biological characteristics or composition of any waste in o

the waste safer for transport or management, amenable 

convertible to another usable material, or reduced in volume
Article III–The Commission

a. There is hereby created the Midwest Interstat

Radioactive Waste Commission. The Commission consists 

member from each party state. The Governor of each pa

notify the Commission in writing of its member and any 

alternate may act on behalf of the member only in that mem

The method for selection and the expenses of each Commi

shall be the responsibility of the member’s respective state.

b. Each Commission member is entitled to one vote. No 

Commission is binding unless a majority of the total member

vote in the affirmative.

c. The Commission shall elect annually from among i

chairperson. The Commission shall adopt and publish, in con

bylaws, and policies which are not inconsistent with 

including procedures which substantially conform with the 

federal law on administrative procedure compiled at 5 USC 

regard to notice, conduct and recording of meetings; access 

to records; provision of information to the public; conduct o

hearings; and issuance of decisions.

d. The Commission shall meet at least once annually 

meet upon the call of the chairperson or a Commission mem

e. All meetings of the commission shall be open to th

reasonable advance notice. The Commission may, by major

a meeting to the public for the purpose of considering sensi

or legal strategy matters. However, all Commission actions 

shall be made in open meetings and appropriately recorded.

f. The Commission may establish advisory committees f

of advising the Commission on any matters pertain

management.

g. The office of the Commission shall be in a par

Commission may appoint or contract for and compensate suc

necessary to carry out its duties and functions. The staff sha

Commission’s pleasure with the exception that staff hired a

securing federal funds shall be hired and governed under app

statutes and regulations. In selecting any staff, the Com

assure that the staff has adequate experience and formal tra

out the functions assigned to it by the Commission.

h. The Commission may:

1. Enter into an agreement with any person, state, or g

for the right to use regional facilities for waste generated 

region and for the right to use facilities outside the reg

generated within the region. The right of any person to 

facility for waste generated outside of the region 

affirmative vote of a majority of the Commission, 

affirmative vote of the member of the host state in whic

regional facility is located.

2. Approve the disposal of waste generated within t

facility other than a regional facility.

3. Appear as an intervenor or party in interest befor

law or any federal, state or local agency, board or comm

matter related to waste management. In order to represen

Midwest 

Interstate LowLevel 

Radioactive 

Waste 

Commission, 

establishment.

Prohibition.

Contracts.

Reports.
4. Review the emergency closure of a regional facil

the appropriateness of that closure, and take whatev

necessary to ensure that the interests of the region are pr

5. Take any action which is appropriate and necessa

its duties and functions as provided in this compact.

6. Suspend the privileges or revoke the membership o

by a two-thirds vote of the membership in accordanc

VIII.

i. The Commission shall:

1. Receive and act on the petition of a nonparty state 

eligible state.

2. Submit an annual report to, and otherwise commun

governors and the appropriate officers of the legislative 

party states regarding the activities of the Commission.

3. Hear, negotiate, and, as necessary, resolve by 

disputes which may arise between the party states r

compact.

4. Adopt and amend, by a two-thirds vote of the m

accordance with the procedures and criteria develope

Article IV, a regional management plan which designa

for the establishment of needed regional facilities.

5. Adopt an annual budget.

j. Funding of the budget of the Commission shall b

follows:

1. Each state, upon becoming a party state, shall p

$1,000 per cubic meter of waste shipped from that 

whichever is lower, to the Commission which shall be 

administrative costs of the Commission;

2. Each state hosting a regional facility shall levy sur

users of the regional facility based upon its portion of th

and characteristics of wastes managed at that facility. T

collected at all regional facilities shall:

(a) Be sufficient to cover the annual budget of the Comm

(b) Represent the financial commitments of all party 

Commission; and

(c) Be paid to the Commission, provided, however, that 

collecting surcharges may retain a portion of the collectio

cover its administrative costs of collection, and that the 

sufficient only to cover the approved annual budget of the C

k. The Commission shall keep accurate accounts of al

disbursements. The Commission shall contract with an 

certified public accountant to annually audit all receipts and 

of Commission funds, and to submit an audit report to the 

The audit report shall be made a part of the annual 

Commission required by this Article.

l. The Commission may accept for any of its purposes 

and may utilize and dispose of any donations, grants of mone

supplies, materials and services from any state or the United 

subdivision or agency thereof), or interstate agency, 

institution, person, firm or corporation. The nature, amount 

if any, attendant upon any donation or grant accepted or re

Commission together with the identity of the donor, grantor o

be detailed in the annual report of the Commission.

Report.

Audit.

Contracts.

Report.

Grants.

Report.
1. The licensing and construction of any facility.

2. The operation of any facility,

3. The stabilization and closure of any facility,

4. The care of any facility,

5. The extended institutional control, after care of an

6. The transportation of waste to any facility.

n. 1. The Commission is a legal entity separate and dis

party states and is liable for its actions as a separate and 

entity. Liabilities of the Commission are not liabilities of th

Members of the Commission are not personally liable for ac

them in their official capacity.

2. Except as provided under sections m. and n.1. 

nothing in this compact alters liability for any act, omiss

conduct or liability resulting from any causal or other re

o. Any person aggrieved by a final decision of the Com

obtain judicial review of such decision in any court 

jurisdiction by filing in such court a petition for review withi

the Commission’s final decision.

Article IV–Regional Management Plan

The Commission shall adopt a regional management pla

ensure the safe and efficient management of waste genera

region. In adopting a regional waste management plan the 

shall:

a. Adopt procedures for determining, consistent with con

public health and safety, the type and number of regional fa

are presently necessary and which are projected to be necess

waste generated within the region.

b. Develop and consider policies promoting source redu

generated within the region.

c. Develop and adopt procedures and criteria for ident

state as a host state for a regional facility. In developing the

Commission shall consider all the following:

1. The health, safety, and welfare of the citizens of th

2. The existence of regional facilities within each pa

3. The minimization of waste transportation.

4. The volumes and types of wastes generated with

state.

5. The environmental, economic, and ecological imp

land and water resources of the party states.

d. Conduct such hearings, and obtain such reports, stu

and testimony required by its approved procedures prior to 

party state as a host state for a needed regional facility.

e. Prepare a draft management plan, including procedure

host states, including alternatives, which shall be made 

convenient form to the public for comment. Upon the requ

state, the Commission shall conduct a public hearing in tha

the adoption of the management plan. The management plan 

the Commission’s response to public and party state comme

Transportation.

Prohibition.

Health.

Safety.

Health.

Safety. Transportation.

Reports.

Studies.
a. Each party state shall act in good faith in the performan

courses of conduct which are intended to ensure the provisi

for regional availability and usage in a manner consist

compact.

b. Each party state has the right to have all wastes gener

borders managed at regional facilities subject to the provisi

in Article IX.c. All party states have an equal right of access 

made available to the region by any agreement entered 

Commission pursuant to Article III.

c. Party states or generators may negotiate for the right 

facility outside the region and may export waste outside the 

to Commission approval under Article III.

d. To the extent permitted by federal law, each party stat

any applicable federal and state laws, regulations and rules 

the packaging and transportation of waste generated with

through its borders. Nothing in this section shall be constru

party state to enter into any agreement with the U. S. Nucle

Commission.

e. Each party state shall provide to the Commission 

information the Commission requires to implement its re

Each party state shall establish the capability to obtain 

information required by the Commission.

Article VI–Development and Operation of Faci

a. Any party state may volunteer to become a host 

Commission may designate that state as a host state upon a tw

of its members.

b. If all regional facilities required by the regional man

are not developed pursuant to section a., or upon notific

existing regional facility will be closed, the Commission m

host state.

c. Each party state designated as a host state is re

determining possible facility locations within its borders. Th

a facility site shall not conflict with applicable federal and h

regulations and rules not inconsistent with this compact and 

on factors including but not limited to geological, envir

economic viability of possible facility locations.

d. Any party state designated as a host state may 

Commission to relieve that state of the responsibility to s

state. The Commission may relieve a party state of this resp

upon a showing by the requesting party state that no fea

regional facility site of the type it is designated to host ex

borders.

e. After a state is designated a host state by the Com

responsible for the timely development and operation of a re

f. To the extent permitted by federal and state law, a h

regulate and license any facility within its borders and ensur

care of that facility.

g. The Commission may designate a party state as a hos

regional facility is in operation if the Commission deter

additional regional facility is or may be required to meet th

Exports.

Prohibition.

Regulations.

Transportation.

Prohibition.
h. Designation of a host state is for a period of 20 year

the regional facility which is established under that designati

is longer. Upon request of a host state, the Commission m

period of its designation.

i. A host state may establish a fee system for any re

within its borders. The fee system shall be reasonable and e

fee system shall provide the host state with sufficient revenu

cost, including but not limited to the planning, siting, licensu

decommissioning, extended care and long-term liability, a

such facilities. This fee system may also include reason

beyond costs incurred for the host state, subject to app

Commission A host shall submit an annual financial audit o

of the regional facility to the Commission. The fee system 

incentives for source reduction and may be based on the 

waste as well as the volume.

j. A host state shall ensure that a regional facility loca

borders which is permanently closed is properly decommis

state shall also provide for the care of a closed or decommiss

facility within its borders so that the public health and safe

and region are ensured.

k. A host state intending to close a regional facility loc

borders shall notify the Commission in writing of its inte

reasons. Notification shall be given to the Commission at l

prior to the intended date of closure. This section shall n

emergency closing of a regional facility by a host state to 

land and water resources and the health and safety of its citiz

a host state which has an emergency closing of a regiona

notify the Commission in writing within three working day

and shall, within 30 working days of its action, demonstrat

for the closing.

l. If a regional facility closes before an additional o

becomes operational, waste generated within the region m

temporarily to any location agreed on by the Commission u

facility is operational.

m. A party state which is designated as a host state by th

and fails to fulfill its obligations as a host state may have 

under the compact suspended or membership in the compa

the Commission.

Article VII–Other Laws and Regulations

a. Nothing in this compact:

1. Abrogates or limits the applicability of any act o

diminishes or otherwise impairs the jurisdiction of any f

expressly conferred thereon by the Congress;

2. Prevents the enforcement of any other law of a par

is not inconsistent with this compact;

3. Prohibits any storage or treatment of waste by the 

its own premises;

4. Affects any administrative or judicial proceeding

the effective date of this compact;

5. Alters the relations between and the respe

responsibility of the government of a party state and its 

Audit.

Health.

Safety.

Prohibitions.

Prohibitions.
the U. S. Department of Energy or successor agenc

research and development activities as described in sec

Atomic Energy Act of 1954 (42 USC 2051); or

7. Affects the rights and powers of any party state 

subdivisions to the extent not inconsistent with this 

regulate and license any facility or the transportation o

its borders or affects the rights and powers of any part

political subdivisions to tax or impose fees on the was

any facility within its borders.

8. Requires a party state to enter into any agreement 

Nuclear Regulatory Commission.

9. Alters or limits liability of transporters of waste

operators of sites for their acts, omissions, conduct or re

accordance with applicable laws.

b. For purposes of this compact, all state laws or pa

conflict with this compact are hereby superseded to the 

conflict.

c. No law, rule or regulation of a party state or of any of it

or instrumentalities may be applied in a manner which 

against the generators of another party state.

Article VIII–Eligible Parties, Withdrawal, Revocation

Force, Termination

a. Eligible parties to this compact are the states of Dela

Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan

Missouri, Nebraska, North Dakota, Ohio, South Dakota, 

Wisconsin. Eligibility terminates on July 1, 1984.

b. Any state not eligible for membership in the compac

the Commission for eligibility. The Commission may establi

eligibility requirements. These requirements may includ

limited to, an eligibility fee or designation as a host state. 

state becomes eligible for membership in the compact upon 

of the Commission, including the affirmative vote of all ho

state becoming eligible upon the approval of the Commissi

member of the compact in the same manner as any stat

membership at the time this compact enters into force.

c. An eligible state becomes a party state when the st

compact into law and pays the membership fee required in A

d. The Commission is formed upon the appointment o

members and the tender of the membership fee payable to th

by three party states. The Governor of the first state to enac

shall convene the initial meeting of the Commission. The 

shall cause legislation to be introduced in the Congress wh

consent of the Congress to this compact, and shall take actio

organize the Commission and implement the provision of th

e. Any party state may withdraw from this compact by 

authorizing legislation but no withdrawal may take effect u

after the governor of the withdrawing state gives notice in 

withdrawal to the Commission and to the governor of eac

Withdrawal does not affect any liability already incurred by 

to a party state prior to the time of such withdrawal. Any ho

Taxes.

Transportation.

Contracts.

Prohibition.

Regulations.

Delaware.

Illinois.

Indiana.

Iowa.

Kansas.

Kentucky.

Maryland.

Michigan.

Minnesota.

Missouri.

Nebraska.

North Dakota.

Ohio.

South Dakota.

Virginia.

Wisconsin.

Prohibition.
f. Any party state which fails to comply with the terms o

or fails to fulfill its obligations may have its privileges su

membership in the compact revoked by the Commission 

with Article III.h.6. Revocation takes effect one year from 

affected party state receives written notice from the Com

action. All legal rights of the affected party state establish

compact cease upon the effective date of revocation b

obligations of that party state arising prior to revocation cont

are fulfilled. The chairperson of the Commission shall tra

notice of a revocation of a party states’s membership in 

immediately following the vote of the Commission to the g

affected party state, all other governors of the party states and 

of the United States.

g. This compact becomes effective upon enactment by 

eligible states and consent to this compact by Congress. 

shall have an opportunity to withdraw such consent eve

Failure of the Congress to affirmatively withdraw its consen

of renewing consent for an additional five year period. The 

to this compact by the Congress shall extend to any future 

new party states under sections b. and c. of this article and to 

the Commission to ban the shipment of waste from the regi

Article III.

h. The withdrawal of a party state from this compact un

of this article or the suspension or revocation of a state’s m

this compact under section f. of this article does not affect th

of this compact to the remaining party states.

i. A state which has been designated by the Commissio

state has 90 days from receipt by the Governor of wri

designation to withdraw from the compact without any ri

refund of any funds already paid pursuant to this compact, an

further payment. Withdrawal becomes effective immediate

as provided in section e. of this article. A designated ho

withdraws from the compact after 90 days and prior to 

obligations shall be assessed a sum the Commission det

necessary to cover the costs borne by the Commission and re

states as a result of that withdrawal.

Article IX–Penalties

a. Each party state shall prescribe and enforce penaltie

person who is not an official of another state for violation of 

of this compact.

b. Unless otherwise authorized by the Commission pursu

III.h. After January 1, 1986, it is a violation of this compact

1. For any person to deposit at a regional facil

generated within the region;

2. For any regional facility to accept waste n

within the region;

3. For any person to export from the region w

generated within the region; or

4. For any person to dispose of waste at a facili

a regional facility.

Effective date.

Exports.
regulations may result in the imposition of sanctions by 

which may include suspension or revocation of the viola

access to the facility in the host state.

d. Each party state has the right to seek legal recourse aga

state which acts in violation of this compact.

Article X–Severability and Construction

The provisions of this compact shall be severable and 

clause, sentence or provision of this compact is declared 

competent jurisdiction to be contrary to the Constitu

participating state or of the United States or the applicability 

government, agency, person or circumstance is held invali

of the remainder of this compact and the applicability t

government, agency, person or circumstance shall not be aff

If any provision of this compact shall be held contrary to th

of any state participating therein, the compact shall remain 

and effect as to the state affected as to all severable matters.

Sec. 226. Rocky Mountain Low-Level Radioactive Wast

In accordance with section 4(a)(2) of the Low-Leve

Waste Policy Act (42 USC 2021d(a)(2)), the consent of 

hereby is given to the States of Arizona, Colorado, Nevada, 

Utah, and Wyoming to enter into the Rocky Mountain In

Level Radioactive Waste Compact. Such compact is su

follows:

Rocky Mountain Low-Level Radioactive Waste C

Article I–Findings and Purpose

(a) The party states agree that each state is responsible 

for the management of low-level radioactive waste genera

borders, except for waste generated as a result of defense a

federal government or federal research and developm

Moreover, the party states find that the United States 

enacting the “Low-Level Radioactive Waste Policy Act” 

has encouraged the use of interstate compacts to pro

establishment and operation of facilities for regional manag

level radioactive waste.

(b) It is the purpose of the party states, by entering int

compact, to establish the means for cooperative effort in m

level radioactive waste; to ensure the availability and econ

of sufficient facilities for the proper and efficient managemen

radioactive waste generated within the region whil

unnecessary and uneconomic proliferation of such facilities

reduction of the volume of low-level radioactive waste requ

within the region; to restrict management within the region 

radioactive waste generated outside the region; to distrib

benefits and obligations of low-level radioactive waste 

equitably among the party states; and by these means to 

health, safety and welfare of the residents within the region

Provisions held 

invalid.

42 USC 2021d 

note.

Arizona. 

Colorado. 

Nevada. New 

Mexico. Utah. 

Wyoming.

Research and 

development.

42 USC 2021b 

note.

Health.

Safety.
As used in this compact, unless the context clearly indica

(a) “Board” means the Rocky Mountain low-lev

waste board;

(b) “Carrier” means a person who transports low-lev

(c) “Disposal” means the isolation of waste from 

with no intention of retrieval, such as by land burial;

(d) “Facility” means any property, equipment or str

to be used for the management of low-level waste;

(e) “Generate” means to produce low-level waste;

(f) “Host state” means a party state in which a regio

located or being developed;

(g) “Low-level waste” or “waste” means radioactiv

than:

(i) Waste generated as a result of defense ac

federal government or federal research and developm

(ii) High-level waste such as irradiated reactor fue

from reprocessing irradiated reactor fuel, or solids i

such liquid waste has been converted;

(iii) Waste material containing transuranic e

contamination levels greater than ten (10) nanocurie

waste material;

(iv) By-product material as defined in section 

“Atomic Energy Act of 1954,” as amended Novemb

(v) Wastes from mining, milling, smelting or simi

of ores and mineral-bearing material primarily for m

than radium.

(h) “Management” means collection, consolida

treatment, incineration or disposal;

(i) “Operator” means a person who operates a region

(j) “Person” means an individual, corporation, partne

legal entity, whether public or private;

(k) “Region” means the combined geographic ar

boundaries of the party states; and

(l) “Regional facility” means a facility within any par

either:

(i) has been approved as a regional facility by the 

(ii) is the low-level waste facility in existence 

1982, at Beatty, Nevada.

Article III–Rights, Responsibilities, and Obliga

(a) There shall be regional facilities sufficient to manage 

waste generated within the region. At least one (1) regiona

be open and operating in a party state other than Nevada 

years after this compact becomes law in Nevada and in one 

(b) Low-level waste generated within the region shall b

regional facilities without discrimination among the party sta

however, that a host state may close a regional facility when 

public health or safety.

(c) Each party state which, according to reasonable pro

by the board, is expected to generate twenty percent (20%

cubic feet except as otherwise determined by the board of 

Nevada.

Nevada.

Health.

Safety.
(d) A host state, or a party state seeking to fulfill its 

become a host state, shall:

(i) Cause a regional facility to be developed on a t

determined by the board, and secure the approval of 

facility by the board as provided in Article IV before 

preparation or physical construction to begin;

(ii) Ensure by its own law, consistent with any app

law, the protection and preservation of public health an

siting, design, development, licensure or other regulati

closure, decommissioning and long-term care of the reg

within the state;

(iii) Subject to the approval of the board, ensure th

management of low-level waste at the regional facilit

state are reasonable;

(iv) Solicit comments from each other party state 

regarding siting, design, development, licensure or oth

operation, closure, decommissioning and long-term 

regional facilities within the state and respond in w

comments;

(v) Submit an annual report to the board which contai

of the anticipated future capacity and availability of 

facilities within the state, together with other informatio

the board; and

(vi) Notify the board immediately if any exigency ar

the possible temporary or permanent closure of a re

within the state at a time earlier than was projected in th

recent annual report to the board.

(e) Once a party state has served as a host state, it shall no

to serve again until each other party state having an ob

subsection (c) of this article has fulfilled that obligation. Ne

being a host state, shall not be obligated to serve again as a h

every other party state has so served.

(f) Each party state:

(i) Agrees to adopt and enforce procedures requir

waste shipments originating within its borders and d

regional facility to conform to packaging and 

requirements and regulations. Such procedures shall inclu

limited to:

(A) Periodic inspection of packaging and shippin

(B) Periodic inspections of waste containers 

custody of carriers; and

(C) Appropriate enforcement actions with respec

(ii) Agrees that after receiving notification from a ho

person in the party state has violated packaging, 

transportation requirements or regulations, it shall tak

action to ensure that violations do not recur. Appropria

include but is not limited to the requirement that a bond 

the violator to pay the cost of repackaging at the region

the requirement that future shipments be inspected;

(iii) May impose fees to recover the cost of the prac

for in paragraph (i) and (ii) of this subsection;

(iv) Shall maintain an inventory of all generators w

that may have low-level waste to be managed at a region

Health.

Safety.

Report.

Nevada.

Regulations.

Transportation.
Article IV–Board Approval of Regional Facili

(a) Within ninety (90) days after being requested to do 

state, the board shall approve or disapprove a regional facilit

within that state.

(b) A regional facility shall be approved by the board if 

board determines that:

(i) There will be, for the foreseeable future, sufficie

render operation of the proposed facility economically fe

endangering the economic feasibility of operation of any 

facility; and

(ii) The facility will have sufficient capacity to serv

the region for a reasonable period of years.

Article V–Surcharges

(a) The board shall impose a “compact surcharge” per 

received at any regional facility. The surcharge shall be ad

the costs and expenses of the board in the conduct of 

activities and may be increased or decreased as the board dee

(b) A host state may impose a “state surcharge” per 

received at any regional facility within the state. The host sta

change the amount of the state surcharge subject to approva

Money received from the state surcharge may be used by the 

any purpose authorized by its own law, including but not li

of licensure and regulatory activities related to the reg

reserves for decommissioning and long-term care of the re

and local impact assistance.

Article VI–The Board

(a) The “Rocky Mountain low-level radioactive waste 

shall not be an agency or instrumentality of any party state, 

(b) The board shall consist of one (1) member from ea

The governor shall determine how and for what term its me

appointed, and how and for what term any alternate may b

perform that member’s duties on the board in the member’s 

(c) Each party state is entitled to one (1) vote. A majorit

constitutes a quorum. Unless otherwise provided in thi

majority of the total number of votes on the board is nec

board to take any action.

(d) The board shall meet at least once a year and ot

business requires. Meetings of the board may be held in an

the region deemed by the board to be reasonably conve

attendance of persons required or entitled to attend and w

accommodations may be found. Reasonable public notice an

for comment shall be given with respect to any meeti

however, that nothing in this subsection shall preclude th

meeting in executive session when seeking legal advice from 

or when discussing the employment, discipline or terminatio

employees.

Prohibition.

Rocky 

Mountain

Low-Level 

Radioactive 

Waste Board,

establishment.
(f) The board shall organize itself for the efficient c

business. It shall adopt and publish rules consistent with 

regarding its organization and procedures. In special circu

board, with unanimous consent of its members, may ta

telephone; provided, however, that any action taken by telep

confirmed in writing by each member within thirty (30) day

taken by telephone shall be noted in the minutes of the boar

(g) The board may use for its purposes the services of an

other resources which may be offered by any party state.

(h) The board may establish its offices in space prov

purpose by any of the party states, or, if space is not provide

inadequate, in any space within the region selected by the b

(i) Consistent with available funds, the board may 

necessary personnel services to carry out its duties. Staff shal

without regard for the personnel, civil service, or merit syste

of the party states and shall serve at the pleasure of the boa

may provide appropriate employee benefit programs for its 

(j) The board shall establish a fiscal year which conform

practicable to the fiscal years of the party states.

(k) The board shall keep an accurate account of all 

disbursements. An annual audit of the books of the b

conducted by an independent certified public accountant, 

report shall be made a part of the annual report of the board

(l) The board shall prepare and include in the annual re

showing anticipated receipts and disbursements for the ensu

(m) Upon legislative enactment of this compact, each pa

consider the need to appropriate seventy thousand dollars ($

the board to support its activities prior to the collection of su

through the compact surcharge imposed pursuant to sub

article V of this compact.

(n) The board may accept any donations, grants, equipm

materials or services, conditional or otherwise, from any 

nature, amount and condition, if any, attendant upon any d

or other resources accepted pursuant to this subsection, tog

identity of the donor or grantor, shall be detailed in the annua

board.

(o) In addition to the powers and duties conferred up

pursuant to other provisions of this compact, the board:

(i) Shall submit communications to the governor

presiding officers of the legislatures of the party states 

activities of the board, including an annual report to be 

December 15;

(ii) May assemble and make available to the gover

party states and to the public through its member

concerning low-level waste management needs, tech

problems;

(iii) Shall keep a current inventory of all generato

region, based upon information provided by the party st

(iv) Shall keep a current inventory of all regio

including information on the size, capacity, location, s

capable of being managed and the projected useful life of 

facility;

Contracts.

Audit.

Report.

Report.

Grants.

Report.
(vi) Shall ascertain on a continuing basis the need

facilities and capacity to manage each of the various c

level waste;

(vii) May develop a regional low-level waste manag

(viii) May establish such advisory committees 

necessary for the purpose of advising the board on matt

to the management of low-level waste;

(ix) May contract as it deems appropriate to accomp

and effectuate its powers, subject to its projected availa

but no contract made by the board shall bind any party s

(x) Shall make suggestions to appropriate official

states to ensure that adequate emergency response 

available for dealing with any exigency that might arise w

low-level waste transportation or management;

(xi) Shall prepare contingency plans, with the co

approval of the hose state, for management of low-leve

event any regional facility should be closed;

(xii) May examine all records of operators of regi

pertaining to operating costs, profits or the assessment o

any charge, fee or surcharge;

(xiii) Shall have the power to sue; and

(xiv) When authorized by unanimous vote of its m

intervene as of right in any administrative or judici

involving low-level waste.

Article VII–Prohibited Acts and Penalties

(a) It shall be unlawful for any person to dispose of lo

within the region, except at a regional facility; provided, h

generator who, prior to January 1, 1982, had been disposin

own waste on his own property may, subject to applicable fe

law, continue to do so.

(b) After January 1, 1986, it shall be unlawful for any pe

low-level waste which was generated within the region outs

unless authorized to do so by the board. In determining wh

such authorization, the factors to be considered by the board 

but not be limited to, the following:

(i) The economic impact of the export of the waste o

facilities;

(ii) The economic impact on the generator of refusing 

export of the waste; and

(iii) The availability of a regional facility appro

disposal of the waste involved.

(c) After January 1, 1986, it shall be unlawful for any per

any low-level waste within the region unless the waste w

within the region or unless authorized to do so both by the 

the state in which said management takes place. In determin

grant such authorization, the factors to be considered by th

include, but not be limited to, the following:

(i) the impact of importing waste on the available 

projected life of the regional facilities;

(ii) the economic impact on the regional facilities; an

Contracts.

Prohibition.

Records.

Exports.

Imports.
(d) It shall be unlawful for any person to manage at a re

any radioactive waste other than low-level waste as de

compact, unless authorized to do so both by the board and 

In determining whether to grant such authorization, the 

considered by the board shall include, but not be limited to, 

(i) the impact of allowing such management on 

capacity and projected life of the regional facilities;

(ii) the availability of a facility appropriate for the d

type of waste involved;

(iii) the existence of transuranic elements in the wast

(iv) the economic impact on the regional facilities.

(e) Any person who violates subsection (a) or (b) of th

be liable to the board for a civil penalty not to exceed ten 

charges which would have been charged for disposal of t

regional facility.

(f) Any person who violates subsection (c) or (d) of this 

liable to the board for a civil penalty not to exceed ten (

charges which were charged for management of the waste 

facility.

(g) The civil penalties provided for in subsections (e) 

article may be enforced and collected in any court of gener

within the region where necessary jurisdiction is obt

appropriate proceeding commenced on behalf of the board b

general of the party state wherein the proceeding is broug

counsel authorized by the board. In any such proceeding, t

prevails, is entitled to recover reasonable attorney’s fees as p

(h) Out of any civil penalty collected for a violation of 

or (b) of this article, the board shall pay to the appropriate o

sufficient in the judgment of the board to compensate the op

loss of revenue attributable to the violation. Such compen

subject to state and compact surcharges as if received in the 

of the operator’s business. The remainder of the civil pen

shall be allocated by the board. In making such allocation, t

give first priority to the needs of the long-term care funds in 

(i) Any civil penalty collected for a violation of subsectio

this article shall be allocated by the board. In making such 

board shall give first priority to the needs of the long-term 

the region.

(j) Violations of subsection (a), (b), (c), or (d) of this a

enjoined by any court of general jurisdiction within the 

necessary jurisdiction is obtained in any appropriat

commenced on behalf of the board by the attorney genera

state wherein the proceeding is brought or by other counsel 

the board. In any such proceeding, the board, if it prevails

recover reasonable attorney’s fees as part of its costs.

(k) No state attorney general shall be required to bring a

under any subsection of this article, except upon his consen

Prohibition.
(a) Arizona, Colorado, Nevada, New Mexico, Utah, and 

eligible to become parties to this compact. Any other state 

eligible by unanimous consent of the board.

(b) An eligible state may become a party state by legislat

of this compact or by executive order of its governor 

compact; provided, however, a state becoming a party by e

shall cease to be a party state upon adjournment of the first g

of its legislature convened thereafter, unless before such ad

legislature shall have enacted this compact.

(c) This compact shall take effect when it has been e

legislatures of two (2) eligible states. However, subsections 

article VII shall not take effect until Congress has by law co

compact. Every five (5) years after such consent has been gi

may by law withdraw its consent.

(d) A state which has become a party state by legislat

may withdraw by legislation repealing its enactment of this 

not such repeal shall take effect until two (2) years after en

repealing legislation. If the withdrawing state is a host state

facility in that state shall remain available to receive lo

generated within the region until five (5) years after the eff

the withdrawal; provided, however, this provision shall no

existing facility in Beatty, Nevada.

(e) A party state may be excluded from this compact b

(2/3) vote of the members representing the other party stat

meeting, on the ground that the state to be excluded has fail

its obligation under this compact. Such an exclusion may 

upon a two-thirds (2/3) vote of the members acting in a mee

Article IX–Construction and Severability

(a) The provisions of this compact shall be broadly cons

out the purposes of the compact.

(b) Nothing in this compact shall be construed to affec

proceeding pending on the effective date of this compact.

(c) If any part or application of this compact is hel

remainder, or its application to other situations or persons

affected.

Sec. 227. Northeast Interstate Low-Level Radioactive W

Management Compact

In accordance with section 4(a)(2) of the Low-Leve

Waste Policy Act, the consent of the Congress is hereby give

of Connecticut, New Jersey, Delaware, and Maryland to 

Northeast Interstate Low-Level Radioactive Waste 

Compact. Such compact is substantially as follows:

Arizona.

Colorado.

Nevada.

New Mexico.

Utah.

Wyoming.

Effective date.

Nevada.

Prohibition.

Provisions held 

invalid.

42 USC 2021d 

note.

42 USC 2021d.

Connecticut.

Delaware.

Maryland.

New Jersey.
Article I–Policy and Purpose

There is hereby created the Northeast Interstat

Radioactive Waste Management Compact. The party states 

the Congress has declared that each state is responsible for 

the availability of capacity, either within or outside its border

of low-level radioactive waste generated within its borde

waste generated as a result of atomic energy defense ac

federal government, as defined in the Low-Level Radio

Policy Act (P. L. 96-573, “The Act”), or federal research and 

activities. They also recognize that the management 

radioactive waste is handled most efficiently on a regional b

states further recognize that the Congress of the United State

the Act has provided for and encouraged the development of 

level radioactive waste compacts to manage such waste. Th

recognize that the long-term, safe and efficient managemen

radioactive waste generated within the region requires t

capacity to manage such waste be properly provided.

In order to promote the health and safety of the region, 

of the party states to: enter into a regional low-level radi

management compact as a means of facilitating an intersta

effort, provide for proper transportation of low-level waste 

the region, minimize the number of facilities required to e

efficiently manage low-level radioactive waste generated 

encourage the reduction of the amounts of low-level waste 

the region, distribute the costs, benefits, and obligations o

level radioactive waste management equitably among the pa

ensure the environmentally sound and economical manage

level radioactive waste.

Article II–Definitions

As used in this compact, unless the context clearly requir

construction:

a. “commission” means the Northeast Interstate 

Radioactive Waste Commission established pursuant to Art

compact;

b. “custodial agency” means the agency the government 

act on behalf of the government owner of the regional facili

c. “disposal” means the isolation of low-level radioactiv

the biosphere inhabited by man and his food chains;

d. “facility” means a parcel of land, together with t

equipment and improvements thereon or appurtenant ther

used or is being developed for the treatment, storage or di

level waste, but shall not include on-site treatment or 

generator;

e. “generator” means a person who produces or proce

waste, but does not include persons who only provide 

arranging for the collection, transportation, treatment, stora

of wastes generated outside the region;

f. “high-level waste” means 1) the highly radioactive mat

from the reprocessing of spent nuclear fuel, including 

Research and 

development.

42 USC 2021d 

note.

Health.

Safety.
2) any other highly radioactive material determined b

government as requiring permanent isolation;

g. “host state” means a party state in which a regional fac

or being developed;

h. “institutional control” means the continued observatio

and care of the regional facility following transfer of control 

facility from the operator to the custodial agency;

i. “low-level waste” means radioactive waste that 1) is 

level waste nor transuranic waste, nor spent nuclear fuel, n

material as defined in section 11e (2) of the Atomic Energy A

amended; and 2) is classified by the federal government 

waste, consistent with existing law; but does not include w

as a result of atomic energy defense activities of the federa

as defined in P. L. 96-573, or federal research and developm

j. “party state” means any state which is a signatory 

standing to this compact;

k. “person” means an individual, corporation, business 

other legal entity, either public or private and their legal suc

l. “post-closure observation and maintenance” means 

monitoring of a closed regional facility to ensure the 

environmental safety of the site through compliance w

licensing and regulatory requirements; prevention of 

intrusion, and correction of problems;

m. “region” means the entire area of the party states;

n. “regional facility” means a facility as defined in this 

has been designated or accepted by the Commission;

o. “state” means a state of the United States, the District 

the Commonwealth of Puerto Rico, the Virgin Islands 

territory subject to the laws of the United States;

p. “storage” means the holding of waste for treatment or 

q. “transuranic waste” means waste material containing 

with an atomic number greater than 92 which are excluded 

land burial by the federal government;

r. “treatment” means any method, technique or proc

storage for decay, designed to change the physical, chemica

characteristics or composition of any waste in order to rend

safer for transport or disposal, amenable for recovery, 

another usable material or reduced in volume;

s. “waste” means low-level radioactive waste as defined 

t. “waste management” means the storage, treatment, t

and disposal, where applicable, of waste.

Article III–Rights and Obligations

a. There shall be provided within the region one or 

facilities which, together with such other facilities as m

available to the region, will provide sufficient capacity t

wastes generated within the region.

1. Regional facilities shall be entitled to waste genera

region, unless otherwise provided by the Commission. 

regional facilities are available, no waste generated within 

shall be exported to facilities outside the region unless such 

approved by the Commission and the affected host state(s).

Exports.

Prohibition.
facility shall accept waste generated outside the r

approved by the Commission and the affected host state

b. The rights, responsibilities and obligations of each par

compact are as follows:

1. Each party state shall have the right to have all wa

within its borders managed at regional facilities, and 

right of access to facilities made available to the re

agreements entered into by the Commission pursua

IV(i)(11). The right of access by a generator within a par

regional facility is limited by the generator’s adherence 

state and federal laws and regulations and the prov

compact.

2. To the extent not prohibited by federal law, each p

institute procedures which will require shipments of lo

generated within or passing through its borders to be c

applicable federal packaging and transportation reg

applicable host state packaging and transportation re

management of low-level waste; provided, howeve

practices shall not impose unreasonable, burdensome im

the management of low-level waste in the region. Upon n

a host state that a generator, shipper, or carrier within th

in violation of applicable packaging or transportation re

party state shall take appropriate action to ensure that s

do not recur.

3. Each party state may impose reasonable fees up

shippers, or carriers to recover the cost of inspectio

practices under this compact.

4. Each party state shall encourage generators within 

minimize the volumes of waste requiring disposal.

5. Each party state has the right to rely on th

performance by every other party state of acts whic

provision of facilities for regional availability and their u

consistent with this compact.

6. Each party state shall provide to the Commission 

information necessary for the implementation of the 

responsibilities, and shall establish the capability to obtai

information necessary to meet its obligation as herein de

7. Each party state shall have the capability to h

facility in a timely manner and to ensure the post-closu

and maintenance, and institutional control of any reg

within its borders.

8. No non-host party state shall be liable for any inj

or property resulting from the operation of a regional 

transportation of waste to a regional facility; however, if 

itself is the operator of the regional facility, its liability s

any private operator.

c. The rights, responsibilities and obligations of a ho

follows:

1. To the extent not prohibited by federal law, a h

ensure the timely development and the safe operation, 

closure observation and maintenance, and institutional 

regional facility within its borders.

Regulations.

Transportation.

Prohibition.

Transportation.
structure of fees sufficient to cover all costs related to the 

operation, closure, post-closure observation and main

maintenance, and institutional control of a regional facili

establish surcharges to cover the regulatory costs, in

compensation associated with a regional facility; provi

that without the express approval of the Commission, no 

fees or surcharges shall be made between persons of the 

party to this compact.

3. To the extent not prohibited by federal law, a 

establish requirements and regulations pertaining to the 

of waste at a regional facility; provided, howeve

requirements shall not impose unreasonable impedi

management of low-level waste within the region. Nor m

or a subdivision impose such restrictive requirements o

operation of a regional facility that, along or as a whole

unreasonable barriers or prohibitions to the siting or ope

a facility.

4. Each host state shall submit to the Commissi

report concerning each operating regional facility with

The report shall contain projections of the anticipated fu

and availability of the regional facility, a financial 

operations, and other information as may be req

Commission; and in the case of regional facilities in 

control or otherwise no longer operating, the host state

such information as may be required on the facilities s

their jurisdiction.

5. A host state shall notify the Commission imm

exigency arises which requires the permanent, temporar

closure of any regional facility located therein at a tim

projected in its most recent annual report to the Com

Commission may conduct studies, hold hearings, or ta

measures to ensure that the actions taken are necessary a

with the obligations of the host state under this compact

Article IV–The Commission

a. There is hereby created the Northeast Interstat

Radioactive Waste Commission. The Commission shall c

member from each party state to be appointed by the Gover

to procedures of each party state, except that a host state s

members during the period that it has an operating regional G

notify the Commission in writing of the identity of the 

member and one alternate, who may act on behalf of the m

the member’s absence.

b. Each Commission member shall be entitled to one v

of the Commission shall be binding unless a majority 

membership cast their vote in the affirmative.

c. The Commission shall elect annually from among i

presiding officer and such other officers as it deems app

Commission shall adopt and publish, in convenient form, s

regulations as are necessary for due process in the performan

and powers under this compact.

Prohibition.

Regulations.

Report.

Audit.

Report.

Studies.

Northeast 

Interstate LowLevel 

Radioactive 

Waste 

Commission, 

establishment.

Prohibition.

Regulations.
member.

e. All meetings of the Commission shall be open to th

reasonable prior public notice. The Commission may, by 

close a meeting to the public for the purpose of conside

personnel or legal matters. All Commission actions and dec

made in open meetings and appropriately recorded. A roll 

be required upon request of any party state or the presiding 

f. The Commission may establish such committees 

necessary.

g. The commission may appoint, contract for, and com

limited staff as it determines necessary to carry out its duties 

The staff shall serve at the Commission’s pleasure irrespect

service, personnel or other merit laws of any of the party 

federal government and shall be compensated from 

Commission.

h. The Commission shall adopt an annual budget for its 

i. The Commission shall have the following duties and p

1. The Commission shall receive and act on the ap

non-party state to become an eligible state in accordanc

VII(e).

2. The Commission shall receive and act on the app

eligible state to become a party state in accordance with A

3. The commission shall submit an annual report to 

communicate with the governors and the presiding office

of the legislature of the party states regarding the ac

Commission.

4. Upon request of party states, the Commission 

disputes which arise between the party states regarding t

5. The Commission shall develop, adopt and maint

management plan to ensure safe and effective managem

within the region, pursuant to Article V.

6. The Commission may conduct such legislative o

hearings, and require such reports, studies, evidence and 

are necessary to perform its duties and functions.

7. The Commission shall establish by regulation, afte

and opportunity for comment, such procedural regulatio

necessary to ensure efficient operation, the orderly 

information, and the protection of the rights of due proc

persons.

8. In accordance with the procedures and criteria set f

V, the Commission shall accept a host state’s propose

regional facility.

9. In accordance with the procedures and criteria set f

V, the Commission may designate, by a two-thirds vote, 

the establishment of needed regional facilities. The Com

not exercise this authority unless the party states h

voluntarily pursue the development of such facilities.

10. The commission may require of and obtain from 

eligible states seeking to become party states, and no

seeking to become eligible states, data and information 

the implementation of Commission responsibilities.

Contracts.

Report.

Report.

Studies.

Regulation.

Prohibition.
the region and for the right of access to facilities outside 

waste generated within the region. Such authorizati

requires a two-thirds majority vote of the Commission

affirmative vote of the representatives of the host state 

affected regional facility is located. This shall be done 

Commission and the host state have made an assessment 

facilities’ capability to handle such wastes and 

environmental, economic, and public health factors, as 

appropriate regulatory authorities.

12. The Commission may, upon petition, grant 

generator or group of generators in the region the right to 

to a facility located outside the region. Such grant of rig

a period of time and amount of waste and on such ot

conditions as determined by the Commission and app

affected host states.

13. The Commission may appear as an interven

interest before any court of law, federal, state or local ag

commission that has jurisdiction over the management o

authority to intervene or otherwise appear shall be exerc

a two-thirds vote of the Commission.

views, the Commission may arrange for any expert testim

evidence or other participation as it deems necessary.

14. The Commission may impose sanctions, inc

limited to, fines, suspension of privileges and revo

membership of a party state in accordance with Art

Commission shall have the authority to revoke, in ac

Article VII(g), the membership of a party state 

unreasonable barriers to the siting of a needed region

refuses to accept host state responsibilities upon desig

Commission.

15. The Commission shall establish by regulation c

shall review the fee and surcharge systems in accordance 

V and IX.

16. The Commission shall review the capability of 

ensure the siting, operation, post-closure observation and 

and institutional control of any facility within its border

17. The Commission shall review the compact leg

five years prior to federal congressional review provided 

and may recommend legislative action.

18. The Commission has the authority to develop a

party states such rules, regulations and guidelines 

appropriate for the efficient, consistent, fair an

implementation of the compact.

j. There is hereby established a Commission operating 

Commission is authorized to expend monies from such ac

expenses of any staff and consultants designated under sect

Article and for official Commission business. Financial s

Commission account shall be provided as follows:

1. Each eligible state, upon becoming a party st

$70,000 to the Commission, which shall be used for admi

of the Commission.

2. The commission shall impose a “commission surch

of waste received at any regional facility as provided in 

Exports.

Report.

Regulations.
under paragraphs (1) and (2) of this section are u

insufficient to cover the approved annual budget of the 

each party state shall pay an apportioned amount of 

between the funds available and the total budget in accor

following formula:

(a) 20 percent in equal shares;

(b) 30 percent in the proportion that the populatio

state bears to the total population of all party states

the most recent U. S. census;

(c) 50 percent in the proportion that the waste 

management in each party state bears to the total w

for management in the region for the most recent ca

which reliable data are available, as determ

Commission.

k. The Commission shall keep accurate accounts of al

disbursements. An independent certified public accountant 

audit all receipts and disbursements of Commission accou

and submit an audit report to the Commission. Such audit r

made a part of the annual report of the Commission requi

IV(i)(3).

l. The Commission may accept, receive, utilize and disp

this purposes and functions any and all donations, loans, gra

equipment, supplies, materials and services (conditional 

from any state or the United States or any subdivision or a

or interstate agency, or from any institution, person, firm o

The nature, amount and condition, if any, attendant upon 

loans, or grant accepted pursuant to this paragraph, toge

identity of the donor, grantor, or lender, shall be detailed 

report of the Commission. The Commission shall by 

guidelines for the acceptance of donations, loans, gran

equipment, supplies, materials and services. This shall pr

donor, grantor or lender may derive unfair or unreasonable 

any proceeding before the Commission.

m. The Commission herein established is a body corpora

separate and distinct from the party states and shall be so lia

actions. Liabilities of the Commission shall not be deemed li

party states, nor shall members of the Commission be person

action taken by them in their official capacity.

1. The Commission shall not be responsible for 

expenses associated with the creation, operation, closure

observation and maintenance, and institutional control o

facility, or any associated regulatory activities of the par

2. Except as otherwise provided herein, this compa

construed to alter the incidence of liability of any kin

omission, or course of conduct. Generators, shippers a

wastes, and owners and operators of sites shall be liable 

omissions, conduct, or relationships in accordance 

relating thereto.

Audit.

Report.

Grants.

Loans.

Report.

Prohibitions.
Commission. Any such action initiated in a state court shall 

the designated United States district court in the manner pr

of June 25, 1948 as amended (28 USC 14446). This section 

alter the jurisdiction of the United States Court of Appeals f

of Columbia Circuit to review the final administrative de

Commission as set forth in the paragraph below.

o. The United States Court of Appeals for the District 

Circuit shall have jurisdiction to review the final administra

of the Commission.

1. Any person aggrieved by a final administrative 

obtain review of the decision by filing a petition for rev

days after the Commission’s final decision.

2. In the event that review is sought of the Commissi

relative to the designation of a host state, the Court of 

accord the matter an expedited review, and, if the Cour

within 90 days after a petition for review has be

Commission’s decision shall be deemed to be affirmed.

3. The courts shall not substitute their judgement f

Commission as to the decisions of policy or weight of th

questions of fact. The Court may affirm the dec

Commission or remand the case for further proceedings 

the petitioners has been aggrieved because the findin

conclusions or decisions of the Commission are:

a. in violation of the Constitution of the United S

b. in excess of the authority granted to the Comm

compact;

c. made upon unlawful procedure to the detr

person;

d. Arbitrary or capricious or characterized 

discretion or clearly unwarranted exercise of discreti

4. The Commission shall be deemed to be acting i

capacity except in those instances where it decides, pursu

and regulations, that its determinations are adjudicatory 

Article V–Host State Selection and Development and O

Regional Facilities

a. The Commission shall develop, adopt, maintain, and 

regional management plan to ensure the safe and efficient m

waste within the region. The plan shall include the followin

1. A current inventory of all generators within the re

2. A current inventory of all facilities within the reg

information on the size, capacity, location, specific 

handled, and projected useful life of each facility;

3. consistent with considerations for public health 

defined by appropriate regulatory authorities, a determ

type and number of regional facilities which are presen

and projected to be necessary to manage waste genera

region;

4. reference guidelines, as defined by appropria

authorities, for the party states for establishing the 

procedures to evaluate locations for regional facilities.

Columbia.

Prohibition.

Courts, U.S.

Prohibition.

Regulations.

Health.

Safety.
its borders. These criteria shall be developed with public no

include the following factors: the capability of the volunteer

to host a regional facility in a timely manner and to ensure it

observation and maintenance, and institutional control; and t

economic feasibility of the proposed facility.

1. Any party state may volunteer to host a regional 

its borders. The Commission may set terms and 

encourage a party state to volunteer to be the first host s

2. Consistent with the review required above, the 

shall, upon a two-thirds affirmative vote, designate a 

party state to serve as a host state.

c. If all regional facilities required by the regional man

are not developed pursuant to section (b), or upon notifi

existing facility will be closed, or upon determination that 

regional facility is or may be required, the Commission sh

consider designation of a host state.

1. The Commission shall develop and adopt p

designating a party state to be a host state for a regiona

Commission shall base its decision on the following crit

a. the health, safety and welfare of citizens of the 

defined by the appropriate regulatory authorities;

b. the environmental, economic, and social effect

facility on the party states;

The Commission shall also base its decision on 

criteria:

c. economic benefits and costs;

d. the volumes and types of waste generated wit

state;

e. the minimization of waste transportation; and

f. the existence of regional facilities within the pa

2. Following its established criteria and pro

Commission shall designate by a two-thirds affirmativ

state to serve as a host state. A current host state shall ha

first refusal for a succeeding regional facility.

3. The Commission shall conduct such hearings an

take such evidence and testimony as is required by 

procedures prior to designating a host state. Public hea

held upon request in each candidate host state prior to fi

and selection. 

4. A party state which has been designated as a ho

Commission and which fails to fulfill its obligations as a 

have its privileges under the compact suspended or mem

compact revoked by the Commission.

d. Each host state shall be responsible for the timely iden

site and the time development and operation of a regiona

proposed facility shall meet geologic, environmental and eco

which shall not conflict with applicable federal and host s

regulations. 

1. To the extent not prohibited by federal law, a h

regulate and license any facility within its borders.

2. To the extent not prohibited by federal law, a h

ensure the safe operation, closure, post-closure ob

maintenance, and institutional control of a facility, inclu

Health.

Safety.

Transportation.

Studies.

Report.
on the status of the post-closure and institutional control 

remaining useful life of the facility.

3. A host state shall solicit comments from each part

Commission regarding the siting, operation, financia

closure, post-closure observation and maintenance, an

control of a regional facility.

e. A host state intending to close a regional facility with

shall notify the Commission in writing of its intention 

therefore.

1. Except as otherwise provided, such notification sh

the Commission at least five years prior to the sche

closure.

2. A host state may close a regional facility within its 

event of an emergency of if a condition exists which 

substantial threat to public health and safety. A host sta

the Commission in writing within three days of its ac

within 30 working days, show justification for the closin

3. In the event that a regional facility closes before an 

new facility becomes operational, the Commission shall 

arrangements for the storage or disposal of waste genera

region until such time that a new regional facility is ope

f. Fees and surcharges shall be imposed equitably upon 

regional facility, based upon criteria established by the Com

1. A host state shall, according to its lawful 

procedures, approve fee schedules to be charged to al

regional facility within its borders. Except as provided h

schedules shall be established by the operator of a reg

under applicable state regulations, and shall be re

sufficient to cover all costs related to the developme

closure, post-closure observation and maintenance

control of the regional facility. The host state shall 

schedule for contributions to the post-closure obs

maintenance, and institutional control funds. Such fee s

not be approved unless the Commission has been giv

opportunity to review and make recommendations on the 

schedules.

2. A host state may, according to its lawful 

procedures impose a state surcharge per unit of waste r

regional facility within its borders. The state surcharg

addition to the fees charged for waste management. The s

be sufficient to cover all reasonable costs ass

administration and regulation of the facility. The surchar

established unless the Commission has been provid

opportunity to review and make recommendations on 

state surcharge. 

3. The Commission shall impose a commission surc

of waste received at any regional facility. The total mo

shall be adequate to pay the cost and expenses of the Co

shall be remitted to the Commission on a timely basis 

by the Commission. The surcharge may be increased o

the Commission deems necessary. 

4. Nothing herein shall be construed to limit the abil

state, or the political subdivision in which the region

Health.

Safety.

Regulations.
incentives. Such surcharges shall be reasonable and 

imposed unless the Commission has been provide

opportunity to review and make recommendations on 

surcharge. Such surcharge may be recovered through the 

and surcharge schedules provided for in this section.

Article VI–Other Laws and Regulations

a. Nothing in this compact shall be construed to abroga

regulatory responsibility or authority of the U.S. Nucle

Commission or of an Agreement State under section 274 

Energy Act of 1954, as amended.

b. The laws or portions of those laws of a party stat

inconsistent with this compact remain in full force.

c. Nothing in this compact shall make unlawful t

development and operation of any facility already 

development or operation on the date this compact becomes 

d. No judicial or administrative proceeding pending on 

date of the compact shall be affected by the compact.

e. Except as provided for in Article III(b)(2) and (c)(3)

shall not affect the relations between and the respe

responsibilities of the government of a party state and its su

f. The generation, treatment, storage, transportation, o

waste generated by the atomic energy defense activities 

government, as defined in P.L. 96-573, or federal 

development activities are not affected by this compact.

g. To the extent that the rights and powers of any sta

subdivision to license and regulate any facility within its b

impose taxes, fees, and surcharges on the waste managed a

facility do not operate as an unreasonable impedi

transportation, treatment or disposal of waste, such rights an

not be diminished by this compact.

h. No party state shall enact any law or regulation or attem

any measure which is inconsistent with this compact. Such 

provide the basis for the Commission to suspend or term

state’s membership and privileges under this compact.

i. All laws and regulations, or parts thereof of any 

subdivision or instrumentality thereof which are inconsis

compact are hereby repealed and declared null and void. A

obligation, violation or penalty arising under such laws or reg

to the enactment of this compact, or not in conflict with i

affected.

j. Subject to Article III(c)(2), no law or regulation of a 

subdivision or instrumentality thereof may be applied so a

make more costly or inconvenient access to any regional 

generators of another party state than for the generators of t

the facility is situated.

k. No law, ordinance, or regulation of any party state or an

or instrumentality thereof shall prohibit, suspend, or unreas

limit or restrict the operation of a siting or licensing a

designation, siting, or licensing of a regional facility. Any s

in existence at the time of ratification of this compact is her

42 USC 2021.

Prohibition.

Prohibitions.

42 USC 2021b 

note.

Research and 

development.

Taxes.

Transportation.

Prohibitions.
a. The initially eligible parties to this compact shall be th

of Connecticut, Delaware, Maine, Maryland, Massac

Hampshire, New Jersey, New York, Pennsylvania, Rhod

Vermont. Initial eligibility will expire June 30, 1984.

b. Each state eligible to become a party state to this com

declared a party state upon enactment of this compact into la

repeal of all statutes or statutory provisions that pose 

impediments to the capability of the state to host a region

timely manner, and upon payment of the fees required by A

An eligible state may become a party to this compact by an e

by the governor of the state and upon payment of the fee

Article IV(j)(1). However, any state which becomes a p

executive order shall cease to be a party state upon the fina

of the next general or regular session of its legislature, unles

has by then been enacted as a statute by the state and al

statutory provisions that conflict with the compact have bee

c. The compact shall become effective in a party state up

by that state. It shall not become initially effective in th

enacted into law by three party states and consent given 

Congress.

d. The first three states eligible to become party states to 

which adopt this compact into law as required in Articl

immediately, upon the appointment of their Commissi

constitute themselves as the Northeast Interstate Low-Leve

Waste Commission. They shall cause legislation to be intr

Congress which grants the consent of the Congress to this 

shall do those things necessary to organize the Commission a

the provisions of this compact.

1. The Commission shall be the judge of the qualifi

party states and of its members and of their compli

conditions and requirements of this compact and of th

party states relating to the enactment of this compact.

2. All succeeding states eligible to become party 

compact shall be declared party states pursuant to the 

section (b) of this Article.

e. Any state not expressly declared eligible to become a 

this compact in section (a) of this Article may petition the C

be declared eligible. The Commission may establish such c

deems necessary and appropriate to be met by a state reques

as a party state to this compact pursuant to the provisions o

including a public hearing on the application. Upon satisfac

such conditions and upon the affirmative vote of two-

Commission, including the affirmative vote of the represen

host states in which any affected regional facility is located, 

state shall be eligible to become a party state to this com

become a party state in the same manner as those states de

in section (a) of this Article.

f. No state holding membership in any other regional co

management of low-level radioactive waste may become a m

compact.

g. Any party state which fails to comply with the prov

compact or to fulfill its obligations hereunder may have 

suspended or, upon a two-thirds vote of the Commissi

Connecticut.

Delaware.

Maine.

Maryland.

Massachusetts.

New 

Hampshire.

New Jersey.

New York.

Pennsylvania.

Rhode Island.

Vermont.

Effective date.

Prohibition.
party state receives written notice from the Commission of 

legal rights of the affected party state established under this 

cease upon the effective date of revocation, except th

obligations of that party state arising prior to revocation will 

they have been fulfilled. As soon as practicable after a 

decision suspending or revoking party state status, the Com

provide written notice of the action and a copy of the res

governors and the presiding officer of each body of the sta

of the party states, and to chairmen of the appropriate com

Congress.

h. Any party state may withdraw from this compact by 

authorization legislation, and all legal rights under this co

party state cease upon repeal. However, no such withdraw

effect until five years after the Governor of the withdrawing 

notice in writing of such withdrawal to the Commissio

governor of each party state. No withdrawal shall affect 

already incurred by or chargeable to a party state prior to th

1. Upon receipt of the notification, the Commission 

as practicable, provide copies to the governors and the pr

of each body of the state legislatures of the party stat

chairmen of the appropriate committees of the Congress

2. A regional facility in a withdrawing state shall rem

to the region for five years after the date the Commi

written notification of the intent to withdraw or until the 

dates of closure, whichever occurs first.

i. This compact may be terminated only by the affirmativ

Congress or by the repeal of all laws enacting the compact 

state. The Congress may by law withdraw its consent every f

the compact takes effect.

1. The consent given to this compact by the Congres

to any future admittance of new party states under sectio

of this Article.

2. The withdrawal of a party state from this compact 

(h) or the revocation of a state’s membership in this c

section (g) of this Article shall not affect the applic

compact to the remaining party states.

Article VIII–Penalties

a. Each party state, consistent with federal and host sta

and laws, shall enforce penalties against any person not 

official of a party state for violation of this compact in the pa

party state acknowledges that the shipment to a host s

packaged or transported in violation of applicable laws and r

result in the imposition of sanctions by the host state. These 

include, but are not limited to, suspension or revocation of 

rights of access to the facility in the host state.

b. Without the express approval of the Commission

unlawful for any person to dispose of any low-level wa

region except at a regional facility; provided, however, that 

shall not apply to waste which is permitted by applicable f

regulations to be discarded without regard to its radioactivit

Regulations.
1) any person to deposit at a regional facility waste not gen

the region; 2) any regional facility to accept waste not genera

region; and 3) any person to export from the region waste ge

the region.

d. Primary responsibility for enforcing provisions of the 

with the affected state or states. The Commission, upon a tw

of its members, may bring action to seek enforcement o

remedies against violators of the provisions and regula

compact as provided for in Article IV.

Article IX–Compensation Provisions

a. The responsibility for ensuring compensation and cl

the operational and post-closure periods rests with the ho

forth herein.

1. The host state shall ensure the availability 

procedures for compensation of injured persons, incl

employees, and property damage (except any possib

diminution of property values) due to the existence and 

regional facility, and for clean-up and restoration of th

surrounding areas.

2. The state may satisfy this obligation by req

insurance, compensation funds, or any other means or c

means, imposed either on the facility operator or assume

itself, or both. Nothing in this article alters the liability 

or governmental entity under applicable state and federa

b. The Commission shall provide a means of compensati

injured or property damaged during the institutional control 

the radioactive and waste management nature of the regiona

responsibility may be met by a special fund, insurance, or o

1. The Commission is authorized, at its discretion

waste management surcharge, to be collected by the ope

of the regional facility; to establish a separate insurance 

by but separate from the Commission itself, but under s

conditions as it decides, and exempt from state insurance 

contract with this company or other entity for coverage; 

other measures, or combination of measures, to impleme

this section.

2. The existence of this fund or other means of comp

not imply liability by the Commission, the non-host party 

of their officials and staff, which are exempted from lia

provisions of this compact. Claims or suits for compens

directed against the fund, the insurance company, or 

unless the Commission, by regulation, directs otherwise

c. Notwithstanding any other provisions, the Comm

insurance, or other means of compensation shall also be ava

party relief during the operational and post-closure pe

Commission may direct, but only to the extent that no 

insurance, tort compensation, or other means are available 

state or other entities, under section a. of this Article 

provided, that this Commission contribution shall not apply 

restoration of the regional facility and its environs during t

and post-closure period.

Prohibition.

Contracts.

Insurance.

Regulations.
contained therein; provided that the Commission may set som

to ensure the integrity and availability of the fund or ot

liability.

Article X–Severability and Construction

The provisions of this compact shall be severable, and 

clause, sentence or provision of this compact is declared by 

of competent jurisdiction to be contrary to the Constitution 

States or the applicability thereof to any government, agen

circumstance is held invalid, the validity of the remainder o

and the applicability thereof to any other government, agen

circumstance shall not be affected thereby. The provisions o

shall be liberally construed to give effect to the purpose ther

Provisions 

held invalid.
Public Law 100–319 102 Stat. 47

May 19, 1988

An Act

To grant the consent of the Congress to the Appalachian Stat

Radioactive Waste Compact.

Be it enacted by the Senate and House of Representative

United States of America in Congress assembled,

Sec. 1. Short Title

This Act may be cited as the “Appalachian State

Radioactive Waste Compact Consent Act.”

Sec. 2. Congressional Finding

The Congress finds that the compact set forth in se

furtherance of the Low-Level Radioactive Waste Policy Ac

Sec. 3. Conditions of Consent to Compact

The consent of the Congress to the compact set forth in 

(1) shall become effective on the date of the enactme

(2) is granted subject to the provisions of th

Radioactive Waste Policy Act, and

(3) is granted only for so long as the Appalachian Stat

Radioactive Waste Commission, advisory committees

boards established in the compact comply with all the 

such Act.

Sec. 4. Congressional Review

The Congress may alter, amend, or repeal this Act with 

compact set forth in section 5 after the expiration of the 1

following the date of the enactment of this Act, and at 

thereafter as may be provided for in such compact.

Sec. 5. Appalachian States Low-Level Radioactive Wast

In accordance with section 4(a)(2) of the Low-Leve

Waste Policy Act (42 U.S.C. 2021d(A)(2)), the consent o

given to the States of Pennsylvania, West Virginia, and any 

as defined in Article 5(A) of the Appalachian State

Radioactive Waste Compact to enter into such compact. Su

substantially as follows:

Appalachian States Low-Level Radioactive Waste C

Preamble

Whereas, The United States Congress, by enacting th

Radioactive Waste Policy Act (42 USC sections2021

encouraged the use of interstate compacts to provide for the 

and operation of facilities for regional management 

radioactive waste;

42 USC 2021d

note.

42 USC 2021d 

note.

Delaware.

Maryland.

Pennsylvania.

West Virginia.

Waste disposal.
responsible for providing for the capacity for disposal 

radioactive waste generated within its borders;

Whereas, To promote the health, safety and welfare of re

the Commonwealth of Pennsylvania and other eligible state

Article 5(A) of this compact shall enter into a compact fo

management and disposal of low-level radioactive waste.

Now, therefore, the Commonwealth of Pennsylvania an

West Virginia and other eligible states hereby agree to 

Appalachian States Low-Level Radioactive Waste Compact

Article I–Definitions

As used in this compact, unless the context clearly indicate

(a) “Broker” means any intermediate person who h

processes, stores, packages, ships or otherwise has respo

possesses low-level waste obtained from a generator.

(b) “Carrier” means a person who transports low-le

regional facility.

(c) “Commission” means the Appalachian State

Radioactive Waste Commission.

(d) “Disposal” means the isolation of low-level w

biosphere.

(e) “Facility” means any real personal property with

and improvements thereof or thereon, and any and all pl

machinery and equipment acquired, constructed, 

maintained for the management or disposal of low-level 

(f) “Generate” means to produce low-level wa

disposal.

(g) “Generator” means a person whose activity 

production of low-level waste requiring disposal.

(h) “Hazardous life” means the time required fo

materials to decay to safe levels, as defined by the time 

concentration of radioactive materials within a given 

package to decay to maximum permissible concentratio

by Federal law or by standards to be set by a host state

more restrictive.

(i) “Host state” means Pennsylvania or other p

designated by the Commission in accordance with Ar

compact.

(j) “Institutional control period” means the time of 

observation, monitoring and care of the regional faci

transfer of control from the operator to the custodial age

(k) “Low-level waste” means radioactive waste that:

(1) is neither high-level waste or transuranic wa

nuclear fuel, nor by-product material as defined in se

of the Atomic Energy Act of 1954 as amended; and

(2) is classified by the Federal Government as low

consistent with existing law; but does not include w

as a result of atomic energy defense activities o

Government, as defined in Public Law 96-573, or Fe

and development activities.

(l) “Management” means the reproduction

consolidation, storage, packaging or treatment of low-le
accordance with Article 5 of this compact.

(o) “Person” means an individual, corporation, partn

legal entity, whether public or private.

(p) “Region” means the combined geographic ar

boundaries of the party states.

(q) “Regional facility” means a facility within any par

has been approved by the Commission for the disposa

waste.

(r) “Shallow land burial” means the disposal 

radioactive waste directly in subsurface trenches with

confinement in engineered structures or by proper 

containers as determined by the law of the host state.

(s) “Transuranic waste” means low-level was

radionuclides with an atomic number greater than 

excluded from shallow-land burial by the Federal Gover

(A) Creation and Organization.

(1) Creation–There is hereby created the Appa

Low-Level Radioactive Waste Commission. The C

hereby created as a body corporate and politic, with 

the duration of this compact, as an agency and instr

the governments of the respective signatory parties, bu

distinct from the respective signatory party states. Th

shall have central offices located in Pennsylvania.

(2) Commission Membership–The Commission s

two voting members from each party state to 

according to the laws of each party state and two add

members from each host state to be appointed accord

of each host state. Upon selection of the site of the reg

an additional voting member shall be appointed to th

who shall be a resident of the county or municipal

facility is to be located. The appointing authority of e

shall notify the Commission in writing of the ide

members and of any alternates. An alternate may vote 

member’s absence. No member shall have a financial 

industry which generates low-level radioactive waste, 

radioactive waste regional facility or any related in

duration of the member’s term. No more than one-hal

and alternates from any party state shall have been em

be employed by a low-level waste generator or re

upon appointment to or during their tenure of office; 

no member shall have been employed by or be em

regional facility operator. No member or alternate fr

state shall accept employment from any regional facil

brokers for at least three years after leaving office.

(3) Compensation–Members of the Commission 

shall serve without compensation from the Commissi

reimbursed for necessary expenses incurred in and i

performance of their duties.

(4) Voting Power–Each Commission member is 

vote. Unless otherwise provided in this compact, aff

by a majority of a host state’s members are nece

Commission to take any action related to the region

Establishment.
(5) Organization and –

(a) The Commission shall provide for its own org

procedures and shall adopt by-laws not inconsist

compact and any rules and regulations necessary to i

compact. It shall meet at least once a year in the coun

host a regional facility and shall elect a chairman and 

from among its members. In the absence of the chai

chairman shall serve.

(b) All meetings of the Commission shall be ope

with at least 14 days’ advance notice, except that the 

convene an emergency meeting with less advance 

municipality and county selected to host a regional fa

specifically notified in advance of all Commission 

meetings of the Commission shall be conducted in 

substantially conforms to the Administrative Proc

U.S.C. Chapter 5, Subchapter II, and Chapter 7). Th

may, by a two-thirds vote, including approval of a m

host state’s Commission members, hold an Exec

closed to the public for the purpose of: considering 

legally privileged or proprietary information; to cons

disciplining of or hearing complaints or charges brou

employee or other public agents unless such person 

public hearing; or to consult with its attorney regardin

or strategy in connection with specific litigation. The 

Executive Session must be announced at least 14 da

Executive Session, except that the chairman may 

emergency meeting with less advance notice, in w

reason for the Executive Session must be announce

meeting immediately subsequent to the Executive 

action taken in violation of this open meeting shall be 

(c) Detailed written minutes shall be kept of all m

Commission. All decisions, files, records and 

Commission, except for information privile

introduction in judicial proceedings, personnel record

of a properly convened Executive Session, shall be 

inspection subject to a procedure that substantially co

Freedom of Information Act (Public Law 89-

section552) and applicable Pennsylvania law and m

upon request and payment of fees which shall be n

necessary to recover copying costs.

(d) The Commission shall select an appropriate s

an Executive Director, to carry out the duties 

assigned by the Commission. Notwithstanding any o

of law, the Commission may hire and/or retain 

counsel.

(e) Any person aggrieved by a final decision of th

which adversely affects the legal rights, duties or priv

person may petition a court of competent jurisdicti

days after the Commission’s final decision, to o

review of said final decisions.

(f) Liabilities of the Commission shall not be dee

of the party states. Members of the Commission 

personally liable for actions taken in their official ca

Public 

information.

Records.

Public 

Information.
(a) Shall conduct research and establish regulatio

a reasonable reduction of volume and curie content of low

generated in the region. The regulations shall be rev

necessary, revised by the Commission at least annually.

(b) Shall ensure, to the extent authorized by Fed

low-level wastes are safely disposed of within the regi

the Commission shall have no power or authority to lic

or otherwise develop a regional facility, such powers 

being reserved for the host state(s) as permitted under th

(c) Shall designate as “host states” any party 

generates 25 percent or more of Pennsylvania’s volume 

content of low-level waste generated based on a c

averages over three successive years, as determ

Commission. This determination shall be based on vo

curie content, whichever is greater.

(d) Shall ensure, to the extent authorized by Fed

low-level waste packages brought into the regional facili

conform to applicable state and Federal regulations. Lo

brokers or generators who violate these regulations will 

fine or other penalty imposed by the Commission, inclu

access to a regional facility. The Commission may imp

and/or penalties in addition to any other penalty levied 

states pursuant to Article 4(D).

(e) Shall establish such advisory committees 

necessary for the purpose of advising the Commissio

pertaining to the management and disposal of low-level 

(f) May contract to accomplish its duties and 

powers subject to projected available resources. No con

the Commission shall bind a party state.

(g) Shall prepare contingency plans for man

disposal of low-level waste in the event any regional fac

closed or otherwise unavailable.

(h) Shall examine all records of operators of reg

pertaining to operating costs, profits or the assessment o

any charge, fee or surcharge and may make recommen

host state(s) which shall review the recommendations 

with its (their) own sovereign laws.

(i) Shall have the power to sue and be sued sub

(2)(A)(5)(e) and may seek to intervene in any administra

proceeding.

(j) Shall assemble and make available, to the part

the public, information concerning low-level waste ma

disposal needs, technologies, and problems.

(k) Shall keep current and annual inventories of 

by name and quantity of low-level waste generated with

based upon information provided by the party stat

information shall include both volume in cubic feet a

content of the low-level waste and all available in

chemical composition and toxicity of such wastes.

(1) Shall keep an inventory of all regional 

specialized facilities, including, but not necessarily 

information on their size, capacity and location, as w

Regulations.

Research and 

development.

Contracts.

Records.

Records.

Records.
(m) Shall make and publish an annual report to 

of the signatory party states and to the public detailing 

operations and finances, including copies of the annual b

independent audit required by this compact. 

(n) Notwithstanding any other provision of this c

contrary, may, with the unanimous approval of the 

members of the host state(s), enter into temporary agr

non-party states or other regional boards for the emergen

low-level waste at the regional facility, if so authorized 

the host state(s), or other disposal facilities located in sta

parties to this agreement.

(o) Shall promulgate regulations, pursuant to hos

specifically govern and define exactly what would 

emergency situation and exactly what restrictions an

would be placed on temporary agreements.

(p) Shall not accept any donations, grants, equipm

materials or services, conditional or otherwise, from any 

from any Federal agency and from party states which a

being legal and proper under the laws of the donating pa

(C) Budget and Operation.

(1) Fiscal Year–The Commission shall establish a fis

conforms to the fiscal year of the Commonwealth of Pen

(2) Current Expense Budget–Upon legislative enac

compact by two party states and each year until the re

becomes available, the Commission shall adopt a cu

budget for its fiscal year. The budget shall include the 

estimated expenses for administration. Such expen

allocated to the party states according to the following fo

Each designated initial host state will be allocat

to twice the costs of the other party states, but such 

exceed $200,000.

Each remaining party state will be allocated a co

the cost of the initial host state, but such cost w

$100,000.

The party states will include the amounts alloc

their respective budgets, subject to such review an

may be required by their respective budgetary pr

amounts shall be due and payable to the Commissio

installments during the fiscal year.

(3) Annual Budget Request–For continued funding o

the Commission shall submit an annual budget request 

state for funding, based upon the percentage of the r

generated in each state in the region, as reported in the l

annual inventory required under Article 2(B)(k). The 

waste shall be based on volume of waste or total cu

determined by the Commission.

(4) Annual Report to Include Budget–The Com

prepare and include in the annual report a budget showi

receipts and disbursements for the ensuing year.

(5) Annual Independent Audit–

(a) As soon as practible after the closing of the 

audit shall be made of the financial accounts of the Com

audit shall be made by qualified certified public accoun

Reports.

Contracts.

Regulations.
employees

The report of audit shall be prepared in accordance 

accounting practices and shall be filed with the chairm

other officers s the Commission shall direct. Copies of t

be distributed to each Commission member and sh

available for public distribution.

(b) Each signatory party, by its duly authorized 

be entitled to examine and audit at any time all 

documents, records, files and accounts and all other p

or property of the Commission. The representatives o

parties shall have access to all books, documents, reco

reports, files and all other papers, things or property 

or in use by the Commission and necessary to facili

and they shall be afforded full facilities for verifyin

with the balances or securities held by depositaries

and custodians.

Article III–Rights, Responsibilities, and Obligations of P

(A) Regional Facilities.

There shall be regional facilities sufficient to dispose of 

waste generated within the region. Each regional facility sh

of disposing of such low-level waste but in the form(s

regulations or license conditions. Specialized facilities for p

of low-level waste management, reduction or treatment 

developed in any party state unless they are in accordance 

and regulations of such state and applicable Federal laws an

(B) Equal Access to Regional Facilities.

Each party state shall have equal access as other party sta

facilities located within the region and accepting low

provided, however, that the host state may close the reg

located within its borders when necessary for public heal

However, a host state shall send notification to the Commiss

within three (3) days of this action and shall, within thirty 

days, provide in writing the reasons for the closing.

(C) Initial Host State.

Pennsylvania and party states which generate 25 percen

the volume or curies of low-level waste generated by Penns

on a comparison of averages over the three years 1982 thro

designated as “initial host states” and are required to develop 

level waste sites as regional facilities. The percentage of wa

state shall be determined by cubic foot volume or total 

whichever is greater.

(D) Exemption From Being Initial Host State.

Party states which generate less than 25 percent of the vo

of low-level waste generated by Pennsylvania, based on a 

averages over the years 1982 through 1984, shall be exem

host state responsibilities. These states shall continue to be e

as they generate less that 25 percent threshold over succ

periods. Once a state generates an average of 25 percent o

volume or curies generated by Pennsylvania over a succ

––––––––

1 There was no “Article II” in the original slip law.

Reports.

Public 

information.

Public health 

and safety.
facility to be operational within five years. Such host 

prepared to accept at its regional facility low-level waste at 

that generated in the state. With Commission approval, any p

volunteer to host a regional facility. The percentage of wa

state shall be determined by either a cubic foot volume 

content, whichever is greater.

(E) Useful Life of Regional Facilities.

Pennsylvania and other host states are obligated to dev

facilities for the duration of this compact. All regional fac

designed for at least a 30-year useful life. At the end of the 

normal closure and maintenance procedures shall be 

accordance with the applicable requirements of the host 

Federal Government. Each host state’s obligation for oper

facilities shall remain as long as the state continues to prod

year period 25 percent or more of the volume or curies of lo

generated by Pennsylvania.

(F) Duties of Host State.

Each host state shall:

(a) Cause a regional facility to be sited and develop

basis.

(b) Ensure by law, consistent with applicable state an

the protection and preservation of public health

environmental quality in the siting, design, developmen

other regulation, operation, closure, decommissioning, l

and the institutional control period of the regional faci

state. To the extent authorized by Federal law, a host st

more stringent laws, rules or regulations than required b

(c) Ensure and maintain a manifest system which 

waste-related activities of generators, brokers, carrier

activities of generators, brokers, carriers and operators, 

the chain of custody of waste from its initial generation 

its hazardous life. Copies of all such manifests shall be 

the Commission on a timely basis.

(d) Ensure that charges for disposal of low-level 

regional facility are sufficient to fully fund the safe 

perpetual care of the regional facility and that charge

without discrimination as to the party state of origin.

(e) Submit an annual report to the Commission on th

regional facility which contains projections of the anti

capacity.

(f) Notify the Commission immediately if any ex

requiring the possible temporary or permanent closure 

facility within the state at a time earlier than was projecte

most recent annual report to the Commission.

(g) Require that the institutional control period of 

facility be at least as long as the hazardous life, as defi

1(h), of the radioactive materials that are disposed at tha

(h) Prohibit the use of any shallow land burial, as def

(r), and develop alternative means for treatment, storag

of low-level waste.

(i) Establish by law, to the extent not prohibited by 

requirements for financial responsibility, including, but 

Environmental 

protection.

Public health 

and safety.

Reports.
regional facility;

(ii) Requirements for the establishment of a long-

to be funded by a fee placed on generators to pay fo

or corrective measures of low-level waste to the reg

and

(iii) Any further financial responsibility requirem

be submitted by generators, brokers, carriers and 

deemed necessary by the host state.

(G) Duties of Party State.

Each party state:

(a) Shall appropriate its portion of the Commission

annual budgets as set out in Article 2(C)(2) and (3).

(b) To the extent authorized by Federal law shall 

enforce procedures requiring low-level waste shipmen

within its borders and destined for a regional facility 

volume reduction, packaging and transportation requ

regulations as well as any other requirements specified b

facility. Such procedures shall include, but are not limite

(i) Periodic inspections of packaging and shippin

(ii) Periodic inspections of low-level waste conta

custody of carriers; and

(iii) Appropriate enforcement actions with respec

(c) To the extent authorized by Federal law, shall, a

notification from a host state or other person that a per

state has violated volume reduction, packaging, 

transportation requirements or regulations, take approp

ensure that violations do not recur. Appropriate action 

but is not limited to, the requirement that a bond be 

violator to pay the cost of repackaging at the regional f

requirement that future shipments be inspected. Appr

may also include suspension of the violator’s use of 

facility. Should such suspension be imposed, the sus

remain in effect until such time as the violator has, to th

of the party state imposing such suspension, comp

appropriate requirements or regulations upon which t

was based and has taken appropriate action to ens

violation or violations do not recur.

(d) Shall maintain a registry of all generators a

generated within the state.

(H) Liability.

In the event of liability arising from the operation of 

facility and during and after closure of that facility, each pa

share in that liability in an amount equal to that state’s share 

low-level waste disposed of at the facility. part of a host stat

state, then any other host or party state(s) may make any cl

under law for that negligence, malfeasance or neglect. If 

arises from a particular waste shipment or shipments to, 

waste or condition at, the regional facility, then any host or p

make any claim allowable under law for such liability. The 

waste shall be based on volume of waste or total curie conte

(I) Failure of Party State to Fulfill Obligations.

A party state which fails to fulfill its obligations, inc

funding of the Commission, may have its privileges under 

Records.

Claims.
states.

Article IV–Prohibited Acts and Penalties

(A) Prohibition.

It shall be unlawful for any person to dispose of low-leve

the region except at a regional facility unless autho

Commission.

(B) Waste Disposed of Within Region.

After establishment of the regional facility(s), it shall b

any person to dispose of any low-level waste within the reg

waste was generated within the region or unless authorized 

by the Commission and by law of the host state in which 

takes place. For the purpose of this compact, waste genera

region excludes radioactive material shipped from outside t

to a waste management facility within the region. In determ

to grant such authorization, the factors to be consid

Commission shall include, but not be limited to, the followi

(a) The impact on the health, safety and environme

the citizens of the party states;

(b) The impact of importing waste on the available 

projected life of the regional facility;

(c) The availability of a regional facility appropriat

disposal of the type of low-level waste involved.

(C) Waste Generated Within Region.

Any and all low-level waste generated within the re

disposed of at a regional facility, except for specific cases a

the Commission, with the affirmative votes by a ma

Commission members of the host state(s) affected by the de

(D) Liability.

Generators, brokers and carriers of wastes, and owners 

of sites shall be liable for their acts, omissions, conduct or re

accordance with all laws relating thereto. The party states s

fine for any violation in an amount equal to the present an

associated with correcting any harm caused by the viola

assess punitive fines or penalties if it is deemed necessary. I

host state shall bar any person who violates host sta

regulations from using the regional facility until that person 

to the satisfaction of the host state the ability and willingn

with the law.

(E) Conflict of Interest.

(1) Prohibitions–

No commissioner, officer or employee shall:

(a) Be financially interested, either directly or i

contract, sale, purchase, lease or transfer of rea

property to which the Commission is a party.

(b) Solicit or accept money or any other thin

addition to the expenses paid to him by the Co

services performed within the scope of his official du

(c) Offer money or anything of value for or in co

obtaining an appointment, promotion or priv

employment with the Commission.

Public health 

and safety.

Environmental 

protection.
forfeit his office or employment.

(3) Agreement Void–Any contract or agreement kn

in contravention of this section is void.

(4) Criminal and Civil Sanctions–

Officers and employees of the Commission shall 

addition to the provisions of this section, to such crim

sanctions for misconduct in office as may be imposed b

and the law of the signatory state in which such miscond

Article V–Eligibility, Entry Into Effect, Congressiona

Withdrawal

(A) Eligibility.

Only the States of Pennsylvania, West Virginia, D

Maryland are eligible to become parties to this compact.

(B) Entry into Effect.

An eligible state may become a party state by legislative 

this compact or by executive order of the governor adopting 

provided, however, a state becoming a party state by execut

cease to be a party state upon adjournment of the first federa

legislature convened thereafter, unless the legislature shall 

this compact before such adjournment.

(C) Congressional Consent.

This compact shall take effect when it has been en

legislatures of Pennsylvania and one or more eligible sta

Article 4 (B) and (C) shall not take effect until Congress ha

this compact. Every fifth year after such consent has been gi

may withdraw consent.

(D) Withdrawal.

A party state may withdraw from the compact by 

enactment of this compact, but no such withdrawal shall bec

until two years after enactment of the repealing legis

withdrawing state is a host state, any regional facility in t

remain available to receive low-level waste generated wit

until five years after the effective date of the withdrawal.

Article VI–Construction and Severability

(A) Construction.

The provisions of this compact shall be broadly construe

the purposes of the compact, but the sovereign powers of a p

not unnecessarily be infringed.

(B) Severability.

If any part or application of this compact is held invalid, 

or its application to other situations or persons, shall not be 

unemployment.

Contracts.

Delaware.

Maryland

Pennsylvania.

West Virginia.

Effective dates.
Public Law 100–712 102 Stat. 477

November 23, 1988

An Act

To grant the consent of the Congress to the Southweste

Radioactive Waste Disposal Compact.

Be it enacted by the Senate and House of Representative

United States of America in Congress assembled,

Sec. 1. Short Title

This Act may be cited as the “Southwestern Low-Leve

Waste Disposal Compact Consent Act.”

Sec. 2. Congressional Finding

The Congress finds that the compact set forth in se

furtherance of the Low-Level Radioactive Waste Policy Ac

Sec. 3. Conditions of Consent to Compact

The consent of the Congress to the compact set forth in 

(1) shall become effective on the date of the enactme

(2) is granted subject to the provisions of th

Radioactive Waste Policy Act; and

(3) is granted only for so long as the regiona

established in the compact complies with all of the prov

Act.

Sec. 4. Congressional Review

The Congress may alter, amend, or repeal this Act with 

compact set forth in section 5 after the expiration of the 1

following the date of enactment of this Act, and at such inter

as may be provided in such compact.

Sec. 5. Southwestern Low-Level Radioactive Waste Com

In accordance with section 4(a)(2) of the Low-Leve

Waste Policy Act (42 USC 2021d(a)(2)), the consent of Con

to the states of Arizona, California, and any eligible states

article VII of the Southwestern Low-Level Radioactive W

Compact, to enter into such compact. Such compact is su

follows:

Article I–Compact Policy and Formation

The party states hereby find and declare all of the follow

(A) The United States Congress, by enacting th

Radioactive Waste Policy Act, Public Law 96-573, as am

Low-Level Radioactive Waste Policy Amendments Ac

USC section 2021b to 2021j, incl.), has encouraged the u

compacts to provide for the establishment and operatio

for regional management of low-level radioactive waste

(B) It is the purpose of this compact to provide the m

a cooperative effort between or among party states 

citizens of the states and the states’ environments.

42 USC 2021d

note.

Environmental 

protection.

State listing.
disposal within the compact region.

(D) It is the policy of the party states that the protectio

and safety of their citizens and the most ecological an

management of low-level radioactive wastes can be 

through cooperation of the states by minimizing th

handling and transportation required to dispose of these 

providing facilities that serve the compact region.

(E) Each party state, if an agreement state pursuant to 

of Title 42 of the United States Code, or the Nucle

Commission if not an agreement state, is responsible fo

regulation of radioactive materials within its jurisdiction

Article II–Definitions

As used in this compact, unless the context clearly indica

the following definitions apply:

(A) “Commission” means the Southwestern 

Radioactive Waste Commission established in artic

compact.

(B) “Compact region” or “region” means t

geographical area with the boundaries of the party states

(C) “Disposal” means the permanent isolation 

radioactive waste pursuant to requirements established b

Regulatory Commission and the Environmental Prote

under applicable laws, or by a party state if the state ho

facility.

(D) “Generate,” when used in relation to low-lev

waste, means to produce low-level radioactive waste.

(E) “Generator” means a person whose activity, 

management of low-level radioactive waste, results in t

of low-level radioactive waste.

(F) “Host county” means a county, or similar politic

of a party state, in which a regional disposal facility is lo

developed.

(G) “Host state” means a party state in which a reg

facility is located or being developed. The state of Califo

state under this compact for the first thirty years from 

California regional disposal facility commences operatio

(H) “Institutional control period” means that peri

which the facility license is transferred to the disposal 

compliance with the appropriate regulations for long-ter

and maintenance following the postclosure period.

(I) “Low-level radioactive waste” means regulate

material that meets all of the following requirements:

(1) The waste is not high-level radioactive 

nuclear fuel, or by-product material (as defined in sec

the Atomic Energy Act of 1954 (42 USC section 201

(2) The waste is not uranium mining or mill tailin

(3) The waste is not any waste for which 

Government is responsible pursuant to subdivision (

of the Low-Level Radioactive Waste Policy Amend

1985 (42 USC section 2021c(b)).

Public health 

and safety.
than one hundred nanocuries per gram, or plutoniu

concentration greater than three thousand five hundr

per gram, or curium-242 with a concentration greate

thousand nanocuries per gram.

(J) “Management” means collection, consolida

packaging, or treatment.

(K)”Major generator state” means a party state which 

percent of the total amount of low-level radioactive w

within the compact region and disposed of at the reg

facility. If no party state other than California generat

percent of the total amount, “Major generator state” m

state which is second to California in the amount of w

within the compact region and disposed of at the reg

facility.

(L) “Operator” means a person who operates a reg

facility.

(M) “Party state” means any state that has becom

accordance with article VII of this compact.

(N) “Person” means an individual, corporation, p

other legal entity, whether public or private.

(O) “Postclosure period” means that period o

completion of closure of a disposal facility during whic

shall observe, monitor, and carry out necessary mai

repairs at the disposal facility to assure that the dispos

remain stable and will not need ongoing active main

period ends with the beginning of the institutional contro

(P) “Regional disposal facility” means a non-Fed

radioactive waste disposal facility established and opera

compact.

(Q) “Site closure and stabilization” means the ac

disposal facility operator taken at the end of the disp

operating life to assure the continued protection of the pu

residual radioactive or other potential hazards present a

facility.

(R) “Transporter” means a person who transpo

radioactive waste.

(S) “Uranium mine and mill tailings” means waste 

mining and processing of ores containing uranium.

Article III–The Commission

(A) There is hereby established the Southwester

Radioactive Waste Commission.

(1) The Commission shall consist of one voting mem

party state to be appointed by the governor, confirmed b

that party state, and to serve at the pleasure of the gov

party state, and one voting member from the host 

appointing authority of each party state shall notify the C

writing of the identity of the member and any alternates

may act in the member’s absence.

(2) The host state shall also appoint that number 

voting members of the Commission which is necessar

state’s members to compose at least 51 percent of the m

Establishment.
senate.

If there is more than one host state, only the state in w

the regional disposal facility actively accepting low-lev

waste pursuant to this compact may appoint these additio

(3) If the host county has not been selected at 

Commission is appointed, the governor of the host state 

an interim local government member, who shall b

representative of a local government. After a host coun

the interim local government member shall resign and 

shall appoint the host county member pursuant to paragr

(4) The governor shall appoint the host county mem

of at least seven candidates compiled by the board of sup

host county.

(5) In recommending and appointing the host co

pursuant to paragraph (4), the board of supervisors and 

shall give first consideration to recommending and a

members of the board of supervisors in whose distric

disposal facility is located or being developed. If 

supervisors of the host county does not provide a list to 

of at least seven candidates from which to choose, the g

appoint a resident of the host county as the host county m

(6) The host county member is subject to confirmation 

of that party and shall serve at the pleasure of the govern

state.

(B) The Commission is a legal entity separate and dis

party states and shall be so liable for its actions. Me

Commission shall not be personally liable for actions taken i

capacity. The liabilities of the Commission shall not be dee

of the party states.

(C) The Commission shall conduct its business affairs p

laws of the host state and disputes arising out of Commissio

be governed by the laws of the host state. The Commission s

in the capital city of the host state in which the regional disp

located.

(D) The Commission’s records shall be subject to th

public records law, and the meetings of the Commission sha

public in accordance with the host state’s open meeting law

(E) The Commission members are public officials of t

state and shall be subject to the conflict of interest laws, a

other law, of the appointing state. The Commission mem

compensated according to the appointing state’s law.

(F) Each Commission member is entitled to one vote. A m

Commission constitutes a quorum. Unless otherwise pro

capacity, a majority of the total number of votes on the C

necessary for the Commission to take any action.

(G) The Commission has all of the following duties and 

(1) The Commission shall do, pursuant to the author

this compact, whatever is reasonably necessary to ensure 

radioactive wastes are safely disposed of and manag

region.

(2) The Commission shall meet at least once a year 

as business requires.

Public 

information.

Records.
upon the cubic feet of low-level radioactive waste and th

of the low-level radioactive waste and shall be collected b

of the disposal facility.

The host state shall set, and the Commission shal

surcharge after congressional approval of the compact. T

the surcharge shall be sufficient to establish and m

reasonable level funds for all of the following purposes:

(a) The activities of the Commission and Commi

(b) At the discretion of the host state, a third-party 

to provide compensation for injury to persons or pr

the operational, closure, stabilization, and pos

institutional control periods of the regional disposal 

subparagraph does not limit the responsibility or l

operator, who shall comply with any federal or hos

or regulations regarding third-party liability claims.

(c) A local government reimbursement fund, for 

reimbursing the local government entity or entitie

regional disposal facility for any costs or increased b

local governmental entity for services, including, but 

general fund expenses, the improvement and mainten

and bridges, fire protection, law enforcement, monit

health officials, and emergency preparation and respo

the hosting of the regional disposal facility.

(4) The surcharges imposed by the Commission fo

subparagraphs (b) and (c) of paragraph (3) and surcharg

paragraph (3) of subdivision (E) of article IV shall be tra

monthly basis to the host state for distribution to the pro

(5) The Commission shall establish a fiscal year whic

the fiscal years of the party states to the extent possible.

(6) The Commission shall keep an accurate account 

and disbursements. An annual audit of the books of the 

shall be conducted by an independent certified public ac

the audit report shall be made a part of the annual 

Commission.

(7) The Commission shall prepare and include in the 

a budget showing anticipated receipts and disbursem

subsequent fiscal year.

(8) The Commission may accept any grants, equipm

materials, or services, conditional or otherwise, from 

state government. The nature, amount and condition, 

donation, grant or other resources accepted pursuant to 

and the identity of the donor or grantor shall be detailed 

report of the Commission.

However, the host state shall receive, for the use

subparagraph (E) of paragraph (2) of subsection (d) of 

of Title 42 of the United States Code, any payments 

special escrow account for which the Secretary of Ene

pursuant to subparagraph (A) of paragraph (2) of sub

section 2021e of Title 42 of the United States Code.

(9) The Commission shall submit communications to 

to the presiding officers of the legislatures of the party st

the activities of the Commission, including an annua

submitted on or before January 15 of each year. The Com

Records.

Reports.

Gifts and 

property.

Reports.
technologies to the shallow land burial of low-level radi

(10) The Commission shall assemble and make av

party states, and to the public, information concern

radioactive waste management needs, technologies, and 

(11) The Commission shall keep a current inv

generators within the region, based upon information pr

party states.

(12) The Commission shall keep a current inventory 

disposal facilities, including information on the size, capa

specific low-level radioactive wastes capable of being 

the projected useful life of each regional disposal facility

(13) The Commission may establish advisory comm

purpose of advising the Commission on the disposal and 

of low-level radioactive waste.

(14) The Commission may enter into contracts to 

duties and authority, subject to projected resources. No 

by the Commission shall bind a party state.

(15) The Commission shall prepare contingency p

cooperation and approval of the host state, for the 

management of low-level radioactive waste in the e

regional disposal facility should be closed.

(16) The Commission may sue and be sued and, wh

by a majority vote of the members, may seek to in

administrative or judicial proceeding related to this com

(17) The Commission shall be managed by an app

including an executive director. Notwithstanding any o

of law, the Commission may hire or retain, or both, lega

(18) The Commission may, subject to applicable fed

laws, recommend to the appropriate host state authority 

and rail transportation routes for low-level radioactive w

(19) The Commission may enter into an agreement t

level radioactive waste into the region only if both of 

requirements are met–

(a) The Commission approves the importation a

two-thirds vote of the Commission.

(b) The Commission and the host state asses

regional disposal facilities’ capability to handle impo

radioactive wastes and any relevant environmental 

factors, as defined by the host state’s appropria

authorities.

(20) The Commission may, upon petition, allow 

generator, a group of generators, or the host state of th

export low-level radioactive wastes to a low-level radi

disposal facility located outside the region. The Com

approve the petition only by a two-thirds vote of the Com

permission to export low-level radioactive wastes shall b

that period of time and for the amount of low-level radi

and subject to any other term or condition, which may 

by the Commission.

(21) The Commission may approve, only by a two-

the Commission, the exportation outside the region of m

otherwise meets the criteria of low-level radioactive wa

purpose of the exportation is to process the material for 

Public 

information.

Records.
plan for the establishment of the next regional disposal f

Article IV–Rights, Responsibilities, and Obligations of 

(A) There shall be regional disposal facilities sufficient 

the low-level radioactive waste generated within the region.

(B) Low-level radioactive waste generated within the r

disposed of at regional disposal facilities and each party st

access to any regional disposal facility without discriminatio

(C)(1) Upon the effective date of this compact, the State 

shall serve as the host state and shall comply with the re

subdivision (E) for at least 30 years from the date the reg

facility begins to accept low-level radioactive waste for 

extension of the obligation and duration shall be at the optio

of California.

If the State of California does not extend this obligation, t

other than the State of California, which is the largest major g

shall then serve as the host state for the second regional disp

The obligation of a host state which hosts the second reg

facility shall also run for thirty years from the date the se

disposal facility begins operations.

(2) The host state may close its regional disposal 

necessary for public health or safety.

(D) The party states of this compact cannot be memb

regional low-level radioactive waste compact entered into p

Low-Level Radioactive Waste Policy Act, as amended by t

Radioactive Waste Policy Amendments Act of 1985 (42 

2021b to 2021j, incl.).

(E) A host state shall do all of the following:

(1) Cause a regional disposal facility to be develope

basis.

(2) Ensure by law, consistent with any applicable fed

protection and preservation of public health and safety 

design, development, licensing, regulation, operat

decommissioning, and long-term care of the regional disp

within the state.

(3) Ensure that charges for disposal of low-level rad

at the regional disposal facility are reasonably sufficient 

following:

(a) Ensure the safe disposal of low-level radioac

long-term care of the regional disposal facility.

(b) Pay for the cost of inspection, enforcement, an

activities at the regional disposal facility.

(c) Assure that charges are assessed without dis

to the party state of origin.

(4) Submit an annual report to the Commission on th

regional disposal facility including projections of 

anticipated future capacity.

(5) The host state and the operator shall notify the 

immediately upon the occurrence of any event which 

possible temporary or permanent closure of a regional di

Public health 

and safety.

Reports.
develop and enforce procedures requiring low-level rad

shipments originating within its borders and destined 

disposal facility to conform to packaging and 

requirements and regulations. These procedures shall in

not limited to, all of the following requirements:

(a) Periodic inspections of packaging and shipping p

(b) Periodic inspections of low-level radioactive wa

while in the custody of transporters.

(c) Appropriate enforcement actions with respects to 

(2) A party state may impose a surcharge on 

radioactive waste generators within the state to pay 

required by paragraph (1).

(3) To the extent authorized by federal law, each pa

after receiving notification from a host state that a per

state has violated packaging, shipping, or transportation 

or regulations, take appropriate actions to ensure that th

do not continue. Appropriate actions may include, but a

to, requiring that a bond be posted by the violator to p

repackaging at the regional disposal facility and p

shipments to the regional disposal facility.

(4) Each party state shall maintain a registry of all gen

the state that may have low-level radioactive waste to b

at a regional disposal facility, including, but not limited 

of low-level radioactive waste and the class of low-lev

waste generated by each generator.

(5) Each party state shall encourage generators within 

minimize the volume of low-level radioactive waste requ

(6) Each party state may rely on the good faith perfo

other party states to perform those acts which are req

compact to provide regional disposal facilities, including 

regional disposal facilities in a manner consistent with th

(7) Each party state shall provide the Commission 

and information necessary for the implementation of the 

responsibilities, including taking those actions necessary 

data or information.

(8) Each party state shall agree that only low-lev

waste generated within the jurisdiction of the party s

disposed of in the regional disposal facility, except a

paragraph (19) of subdivision (G) of article III.

(9) Each party state shall agree that if there is any inj

or property resulting from the operation of a regional dis

the damages resulting from the injury may be paid from 

liability fund pursuant to subparagraph (b) of para

subdivision (G) of article III, only to the extent that the da

the limits of liability insurance carried by the operator. N

by joining this compact, assumes any liability resulting f

operation, maintenance, long-term care, or other activit

regional facility, and no party state shall be liable for 

damage resulting from a regional facility not located wit

Transportation.

Utilities.

Records.
A regional disposal facility shall be approved by the 

accordance with its laws. This compact does not confer an

the Commission regarding the siting, design, development

other regulation, or the operation, closure, decommissioning

care of, any regional disposal facility within a party state.

Article VI–Prohibited Acts and Penalties

(A) No person shall dispose of low-level radioactive wa

region unless the disposal is at a regional disposal facil

otherwise provided in paragraphs (20) and (21) of subdi

article III.

(B) No person shall dispose of or manage any low-lev

waste within the region unless the low-level radioactiv

generated within the region, except as provided in paragrap

and (21) of subdivision (G) of article III.

(C) Violations of this section shall be reported to the ap

enforcement agency within the party state’s jurisdiction.

(D) Violations of this section may result in prohibitin

from disposing of low-level radioactive waste in the reg

facility, as determined by the Commission or the host state.

Article VII–Eligibility, Entry into Effect, Congression

Withdrawal, Exclusion

(A) The States of Arizona, North Dakota, South Dakota, 

are eligible to become parties to this compact. Any other state 

eligible by a majority vote of the Commission and ratifi

legislatures of all of the party states by statute, and upon co

those terms and conditions for eligibility which the ho

establish. The host state may establish all terms and cond

entry of any state, other than the states named in this subp

member of this compact.

(B) Upon compliance with the other provisions of thi

eligible state may become a party state by legislative ena

compact or by executive order of the governor of the state 

compact. A state becoming a party state by executive order 

be a party state upon adjournment of the first general 

legislature convened after the executive order is issued, unl

adjournment the legislature enacts this compact.

(C) A party state, other than the host state, may withd

compact by repealing the enactment of this compact, but th

shall not become effective until two years after the effecti

repealing legislation. If a party state which is a major gen

level radioactive waste voluntarily withdraws from the com

to this subdivision, that state shall make arrangements for t

the other party states’ low-level radioactive waste for a tim

the period of time it was a member of this compact.

If the host state withdraws from the compact, the withdr

become effective until five years after the effective date of 

legislation.
excluded has failed to carry out any obligations required by 

(E) This compact shall take effect upon the enactment by 

legislatures of the State of California and at least 1 other eli

upon the consent of Congress and shall remain in effect u

provided by federal law. This compact is subject to review 

and the withdrawal of the consent of Congress every 5 

effective date, pursuant to federal law.

Article VIII–Construction and Severability

(A) The provisions of this compact shall be broadly con

out the purposes of the compact, but the sovereign powers o

shall not be infringed unnecessarily.

(B) This compact does not affect any judicial proceedin

the effective date of this compact.

(C) If any provision of this compact or the application 

person or circumstances is held invalid, that invalidity shall n

provision or applications of the compact which can be given 

the invalid provision or application, and to this end the pro

compact are severable.

(D) Nothing in this compact diminishes or otherwis

jurisdiction, authority, or discretion of either of the followin

(1) The Nuclear Regulatory Commission pursuant 

Energy Act of 1954, as amended (42 USC section 2011 

(2) An agreement state under section 274 of the Atom

of 1954, as amended (42 USC section 2021).

(E) Nothing in this compact confers any new authority o

Commission to do any of the following:

(1) Regulate the packaging or transportation 

radioactive waste in a manner inconsistent with the regu

Nuclear Regulatory Commission or the United States D

Transportation.

(2) Regulate health, safety, or environmental hazard

by-product, or special nuclear material.

(3) Inspect the activities of licensees of the agreemen

the Nuclear Regulatory Commission.

Effective date.
Public Law 105–236 112 

September 20, 1998

An Act

To grant the consent of the Congress to the Texas Low-Lev

Waste Disposal Compact.

Be it enacted by the Senate and House of Representative

United States of America in Congress assembled,

Sec. 1. Short Title

This Act may be cited as the “Texas Low-Level Radi

Disposal Compact Consent Act.”

Sec. 2. Congressional Finding

The Congress finds that the compact set forth in se

furtherance of the Low-Level Radioactive Waste Policy 

2021b et seq.).

Sec. 3. Conditions of Consent to Compact

The Consent of the Congress to the compact set forth in 

(1) shall become effect on the date of the enactment 

(2) is granted subject to the provisions of th

Radioactive Waste Policy Act (42 USC 2021b et seq.); a

(3) is granted only for so long as the regiona

established in the compact complies with all of the prov

Act.

Sec. 4. Congressional Review

The Congress may alter, amend, or repeal this Act with 

compact set forth in section 5 after the expiration of the 1

following the date of the enactment of this Act, and at 

thereafter as may be provided in such compact.

Sec. 5. Texas Low-Level Radioactive Waste Compact

(a) CONSENT OF CONGRESS.–In accordance with s

of the Low-Level Radioactive Waste Policy Act (42 USC 

the consent of Congress is given to the States of Texas

Vermont to enter into the compact set forth in subsection (b

Article I. Policy and Purpose

SEC. 1.01. The party states recognize a responsibility fo

seek to manage low-level radioactive waste generate

boundaries, pursuant to the Low-Level Radioactive Waste 

amended by the Low-Level Radioactive Waste Policy Am

of 1985 (42 USC 2021b-2021j). They also recognize that the 

Congress, by enacting the Act, has authorized and encour

enter into compacts for the efficient management and dispos

radioactive water. It is the policy of the party states to co

protection of the health, safety, and welfare of their cit

environment and to provide for and encourage the 

management and disposal of low-level radioactive waste. It 

of this compact to provide the framework for such a cooper

42 USC 2021d

note.

42 USC 2021d

note.

Effective date.

42 USC 2021d 

note.

Maine.

Vermont.
efficiently, and economically manage low-level radioactive 

encourage the reduction of the generation thereof; and to 

costs, benefits, and obligations among the party states; all 

with the terms of this compact.

Article II. Definitions

SEC. 2.01. As used in this compact, unless the context cl

otherwise, the following definitions apply:

(1) “Act” means the Low-Level Radioactive Waste 

amended by the Low-Level Radioactive Waste Policy 

Act of 1985 (42 USC 2021b-2021j).

(2) “Commission” means the Texas Low-Level Radi

Disposal compact Commission established in Articl

compact.

(3) “Compact facility” or “facility” means any 

structure, or property located in and provided by the ho

purpose of management or disposal of low-level radioac

which the party states are responsible.

(4) “Disposal” means the permanent isolation 

radioactive waste pursuant to requirements established 

States Nuclear Regulatory Commission and the U

Environmental Protection Agency under applicable laws

state.

(5) “Generate” when used in relation to low-lev

waste, means to produce low-level radioactive waste.

(6) “Generator” means a person who produces or p

level radioactive waste in the course of its activities, excl

who arrange for the collection, transportation, managem

storage, or disposal of waste generated outside the party 

approved by the commission.

(7) “Host county” means a county in the host sta

disposal facility is located or is being developed.

(8) “Host state” means a party state in which a com

located or is being developed. The State of Texas is the h

this compact.

(9) “Institutional control period” means that pe

following closure of the facility and transfer of the facilit

the operator to the custodial agency in compliance with t

regulations for long-term observation and maintenance.

(10) “Low-Level radioactive waste” has the same m

term is defined in section 2(9) of the Act (42 USC 2021b

host state statute so long as the waste is not incom

management and disposal at the compact facility.

(11) “Management” means collection, consolida

packaging, or treatment.

(12) “Operator” means a person who operates a disp

(13) “Party state” means any state that has becom

accordance with Article VII of this compact. Texas

Vermont are initial party states under this compact.

(14) “Person” means an individual, corporation, p

other legal entity, whether public or private.
Article III. The Commission

SEC. 3.01. There is hereby established the Texa

Radioactive Waste disposal Compact Commission. The com

consist of one voting member from each party state excep

state shall be entitled to six voting members. Commission m

be appointed by the party state governors, as provided by th

party state. Each party state may provide alternates for e

member.

SEC. 3.02. A quorum of the commission consists of a m

members. Except as otherwise provided in this compact, an 

the commission must receive the affirmative vote of a m

members.

SEC. 3.03. The commission is a legal entity separate and 

the party states and has governmental immunity to the sam

entity created under the authority of Article XVI, section 59

Constitution. Members of the commission shall not be person

actions taken in their official capacity. The liabilities of th

shall not be deemed liabilities of the party states.

SEC. 3.04. The Commission shall:

(1) Compensate its members according to the host st

(2) Conduct its business, hold meetings, and m

records pursuant to laws of the host state, except that no

meetings shall be given in the non-host party states in ac

their respective statutes.

(3) Be located in the capital city of the host state.

(4) Meet at least once a year and upon the call of the 

member. The governor of the host state shall appoint a c

chair.

(5) Keep an accurate account of all receipts and disbu

annual audit of the books of the commission shall be co

independent certified public accountant, and the audit r

made a part of the annual report of the commission.

(6) Approve a budget each year and establish a fi

conforms to the fiscal year of the host state.

(7) Prepare, adopt, and implement continency plans f

and management of low-level radioactive waste in the 

compact facility should be closed. Any plan which req

state to store or otherwise manage the low-level radioacti

all the party states must be approved by at least four host 

of the commission. The commission, in a conting

otherwise, may not require a non-host party state to s

radioactive waste generated outside of the state.

(8) Submit communications to the governors and to 

officers of the legislatures of the party states regarding th

the commission, including an annual report to be sub

before January 31 of each year.

(9) Assembly and make available to the party stat

public, information concerning low-level radioa

management needs, technologies, and problems.

Establishment.

Records.

Reports.

Deadlines.

Public 

information.
(11) By no later than 180 days after all members of th

are appointed under section 3.01 of this article, establi

total volume of low-level radioactive waste that the h

dispose of in the compact facility in the years 1995-20

decommissioning waste. The shipments of low-level rad

from all non-host party states shall not exceed 20 percent 

estimated to be disposed of by the host state during the 5

When averaged over such 50-year period, the total of 

from non-host party states shall not exceed 20,000 cub

The commission shall coordinate the volumes, timing, 

of shipments from generators in the non-host party stat

assure that over the life of this agreement shipments from 

party states do not exceed 20 percent of the volume pr

commission under this paragraph.

SEC 3.05. The commission may:

(1) Employ staff necessary to carry out its duties and 

commission is authorized to use to the extent practicab

of existing employees of the party states. Compensatio

determined by the commission.

(2) Accept any grants, equipment, supplies, material

conditional or otherwise, from the federal or state gov

nature, amount and condition , if any, of any donation, 

resources accepted pursuant to this paragraph and the i

donor or grantor shall be detailed in the annual 

commission.

(3) Enter into contracts to carry out its duties and aut

to projected resources. No contract made by the commis

a party state.

(4) Adopt, by a majority vote, bylaws and rules nece

out the terms of this compact. Any rules promul

commission shall be adopted in accordance with the A

Procedure and Texas Register Act (Article 6252-13a, V

Civil Statutes).

(5) Sue and be sued and, when authorized by a major

members, seek to intervene in administrative or judicia

related to this compact.

(6) Enter into an agreement with any person, state, r

or group of states for the importation of low-level radi

into the compact for management or disposal, prov

agreement receives a majority vote of the com

commission may adopt such conditions and restri

agreement as it deems advisable.

(7) Upon petition, allow an individual generator

generators, or the host state of the compact, to export lo

to a low-level radioactive waste disposal facility locate

party states. The commission may approve the petiti

majority vote of its members. The permission to exp

radioactive waste shall be effective for that period of tim

specified amount of low-level radioactive waste, and s

other term or condition, as is determined by the commis

(8) Monitor the exportation outside of the party stat

which otherwise meets the criteria of low-level radio

where the sole purpose of the exportation is to manage 

Deadlines.
SEC. 3.06. Jurisdiction and venue of any action contest

of the commission shall be in the United States District Cour

where the commission maintains its office.

Article IV. Rights, Responsibilities, and Obligations 

SEC. 4.01. The host state shall develop and have full 

control over the development, management and operation o

the disposal of low-level radioactive waste generated wi

states. The host state shall be entitled to unlimited use of th

its operating life. Use of the facility by the non-host pa

disposal of low-level radioactive waste, including such w

from decommissioning of any nuclear electric generation fa

in the party states, is limited to the volume requiremen

3.04(11) of Article III.

SEC. 4.02. Low-level radioactive waste generated wi

states shall be disposed of only at the compact facility, exce

in section 3.05(7) of Article III.

SEC. 4.03. The initial states of this compact cannot b

another low-level radioactive waste compact entered into p

Act.

SEC. 4.04. The host state shall do the following

(1) Cause a facility to be developed in a timely manne

and maintained through the institutional control period.

(2) Ensure, consistent with any applicable federal 

laws, the protection and preservation of the environment 

health and safety in the siting, design, developme

regulation, operation, closure, decommissioning, and lon

the disposal facilities within the host state.

(3) Close the facility when reasonably necessary 

public health and safety of its citizens or to protect its nat

from harm. However, the host state shall notify the com

closure within three days of its action and shall, within 30 

of its action, provide a written explanation to the comm

closure, and implement any adopted contingency plan.

(4) Establish reasonable fees for disposal at the facilit

radioactive waste generated in the party states based o

criteria set out in sections 402,272 and 402,273, Tex

Safety Code. The same fees shall be charged for the di

level radioactive waste that was generated in the host s

non-host party states. Fees shall also be sufficient to reaso

the activities of the Commission.

(5) Submit an annual report to the commission on th

facility, including projections of the facility’s antic

capacity, and on the related funds.

(6) Notify the Commission immediately upon the occ

event which could cause a possible temporary or perman

the facility and identify all reasonable options for the di

level radioactive waste at alternate compact faci

arrangement and commission vote, at non-compact facil

(7) Promptly notify the other party states of any 

involving the facility.

Notification.

Reports.

Notification.

Notification.
waste in the host state.

SEC. 4.05. Each party state shall do the following:

(1) Develop and enforce procedures requiring low-lev

waste shipments originating within its borders and de

facility to conform to packaging, processing, and 

specifications of the host state.

(2) Maintain a registry of all generators within the 

have low-level radioactive waste to be disposed of 

including, but not limited to, the amount of low-level rad

and the class of low-level radioactive waste gener

generator.

(3) Develop and enforce procedures requiring genera

borders to minimize the volume of low-level radio

requiring disposal. Nothing in this compact shall prohib

treatment, or management of waste by a generator.

(4) Provide the commission with any data and 

necessary for the implementation of the commission’s re

including taking those actions necessary to obtain 

information.

(5) Pay for community assistance projects designate

county in an amount for each non-host party state equal 

of the payment provided for in Article V for each such s

of the payment shall be due and payable to the host coun

day of the month following ratification of this compact 

Congress and one-half of the payment shall be due and p

first day of the month following the approval of a fac

license by the host state’s regulatory body.

(6) Provide financial support for the commission’s a

to the date of facility operation and subsequent to 

congressional ratification of this compact under section 7

VII. Each party state will be responsible for annual paym

its pro-rata share of the commission’s expenses, 

administrative, legal, and other purposes of the commiss

(7) If agreed by all parties to a dispute, submit t

arbitration or other alternate dispute resolution process. I

agreed upon, the governor of each party state sha

arbitrator. If the number of party states is an even 

arbitrators so chosen shall appoint an additional a

determination of a majority of the arbitrators shall be b

party states. Arbitration proceedings shall be conducted 

with the provisions of 9 USC sections 1 to 16. If all parti

do not agree to arbitration or alternate dispute resolutio

United States District Court in the district where th

maintains its office shall have original jurisdiction ov

between or among parties to this compact.

(8) Provide on a regular basis to the commission and 

(A) an accounting of waste shipped and 

shipped to the compact facility, by volume and c

(B) proposed transportation methods and rou

(C) proposed shipment schedules.

(9) Seek to join in any legal action by or against th

prevent nonparty states or generators from disposing 

radioactive waste at the facility.
requirements of this compact.

Article V. Party State Contributions

SEC. 5.01. Each party state, except the host state, sha

total of $25 million to the host state. Payments shall be de

host state treasure to the credit of the low-level waste fund in 

manner except as otherwise provided. Not later than the 60t

date of congressional ratification of this compact, each stat

the host state $12.5 million. Not later than the 60th day af

the opening of the compact facility, each non-host party sta

the host state an additional $12.5 million.

SEC. 5.02. As an alternative, the host state and the non-h

provide for payments in the same total amount as stated abo

to meet the principal and interest expense associated w

indebtedness or other form of indebtedness issued by th

agency of the host state for purposes associated with the 

operation, and post-closure monitoring of the compact facilit

the member states proceed in this manner, the payment sch

determined in accordance with the schedule of debt rep

schedule shall replace the payment schedule described in s

this article.

Article VI. Prohibited Acts and Penalties

SEC. 6.01. No person shall dispose of low-level radi

generated within the party states unless the disposal is a

facility, except as otherwise provided in section 3.05(7) of A

SEC. 6.02. No person shall manage or dispose of 

radioactive waste within the party states unless the low-lev

waste was generated within the party states, except as provi

3.05(6) of Article III. Nothing herein shall be construed t

storage or management of low-level radioactive waste by a 

its disposal pursuant to 10 CFR Part 20.302.

SEC. 6.03. Violations of this article may result in p

violator from disposing of low-level radioactive waste in 

facility, or in the imposition of penalty surcharges on shi

facility, as determined by the commission.

Article VII. Eligibility, Entry into Effect, Congression

Withdrawal, Exclusion

SEC. 7.01. The states of Texas, Maine, and Vermont are 

this compact. Any other state may be made eligible for par

majority vote of the commission and ratification by the leg

host state, subject to fulfillment of the rights of the initial n

states under section 3.04(11) of Article III and section 4.01 

and upon compliance with those terms and conditions for 

the host state may establish. The host state may establish 

conditions for the entry of any state, other than the states 

section, as a member of this compact; provided, howeve

provisions of this compact, except for those pertaining to th

of the commission and those pertaining to section 7.09 of th

Deadline.
SEC. 7.02. Upon compliance with the other provisions of 

a state made eligible under section 7.01 of this article may b

state by legislative enactment of this compact or by executiv

governor of the state adopting this compact. A state becomin

by executive order shall cease to be a party state upon adjou

first general session of its legislature convened after the exe

issued, unless before the adjournment, the legislature enacts 

SEC. 7.03. Any party state may withdraw from thi

repealing enactment of this compact subject to the provisi

the event the host state allows an additional state or additiona

the compact, the host state’s legislature, without the conse

host party states, shall have the right to modify the comp

commission so that the host state shall have a voting m

commission, provided, however, that any modification main

of each initial party state to retain one voting member on th

SEC. 7.04. If the host state withdraws from the 

withdrawal shall not become effective until five years after 

the repealing legislation and the non-host party states may c

the facility during that time. The financial obligation of the n

states under Article V shall cease immediately upon ena

repealing legislation. If the host state withdraws from th

abandons plans to operate a facility prior to the date of any n

state payment under sections 4.05(5) and (6) of Article IV or 

non-host party states are relieved of any obligations 

contributions. This section sets out the exclusive remedies fo

party states if the host state withdraws from the compact o

develop and operate a compact facility.

SEC. 7.05. A party state, other than the host state, may w

the compact by repealing the enactment of this comp

withdrawal shall not become effective until two years afte

date of the repealing legislation. During this two-year period 

will continue to have access to the facility. The withdrawi

remain liable for any payments under sections 4.05(5) and 

IV that were due during the two-year period, and shall not 

any refund of payments previously made.

SEC. 7.06. Any party state that substantially fails to co

terms of the compact or to fulfill its obligations hereunder 

membership in the compact revoked by a seven-eighth

commission following notice that a hearing will be schedule

six months from the date of the notice. In all other respec

proceedings undertaken by the commission will be s

Administrative Procedure and Texas Register Act (Arti

Vernon’s Texas Civil Statutes), except that a party state m

commission’s revocation decision to the United States Di

accordance with section 3.06 of Article III. Revocation sh

one year from date such party state receives written no

commission of a final action.

Written notice of revocation shall be transmitted immedia

the vote of the commission, by the chair, to the governor o

party state, all other governors of party states, and to the 

Congress.

Effective Dates.
upon the consent of the United States Congress and shall re

until otherwise provided by federal law. If Texas and eit

Vermont ratify this compact, the compact shall be in full fo

as to Texas and the other ratifying state, and this com

interpreted as follows:

(1) Texas and the other ratifying state are the initial 

(2) The commission shall consist of two voting mem

other ratifying state and six from Texas.

(3) Each party state is responsible for its pro-rata 

commission’s expenses.

SEC. 7.08. This compact is subject to review by the 

Congress and the withdrawal of the consent of Congress ev

after its date, pursuant to federal law.

SEC. 7.09. The host state legislature, with the approval of 

shall have the right and authority, without the consent of the 

states, to modify the provisions contained in section 3.04(11

to comply with section 402.219(c)(1), Texas Health & Sa

long as the modification does not impair the rights of the in

party states.

Article VIII. Construction and Severability

SEC. 8.01. The provisions of this compact shall be broa

to carry out the purposes of the compact, but the sovereig

party shall not be infringed upon unnecessarily.

SEC. 8.02. This compact does not affect any judici

pending on the effective date of this compact.

SEC. 8.03. No party state acquires any liability, by 

compact, resulting from the siting, operation, maintenance, l

or any other activity relating to the compact facility. No n

state shall be liable for any harm or damage from the siti

maintenance, or long-term care relating to the compact faci

otherwise expressly provided in this compact, nothing in this 

be construed to alter the incidence of liability of any kind 

failure to act. Generators, transporters, owners and operators 

shall be liable for their acts, omissions, conduct or re

accordance with applicable law. By entering. into this 

securing the ratification by Congress of its terms, no party s

potential liability under section 5(d)(2)(C) of the Act (42 

202le(d)(2)(C)) that did not exist prior to entering into this c

SEC. 8.04. If a party state withdraws from the compa

section 7.03 of Article VII or has its membership in this com

pursuant to section 7.06 of Article VII, the withdrawal or re

not affect any liability already incurred by or chargeable t

state under section 8.03 of this article.

SEC. 8.05. The provisions of this compact shall be sever

phrase, clause, sentence, or provision of this compact is decla

of competent jurisdiction to be contrary to the constit

participating state or of the United States or the applicability 

government, agency, person or circumstances is held invali

of the remainder of this compact and the applicability t

government, agency, person, or circumstance shall not be af

to the extent the remainder can in all fairness be given 
as to the state affected as to all severable matters.

SEC. 8.06. Nothing in this compact diminishes or othe

the jurisdiction, authority, or discretion of either of the follo

(1) The United States Nuclear Regulatory Commissi

the Atomic Energy Act of 1954, as amended (42 USC se

seq.).

(2) An agreement state under section 274 of the Atom

of 1954, as amended (42 USC 2021).

SEC. 8.07. Nothing in this compact confers any new au

states or commission to do any of the following:

(1) Regulate the packaging or transportation 

radioactive waste in a manner inconsistent with the regu

United States Nuclear Regulatory Commission or the 

Department of Transportation.

(2) Regulate health, safety, or environmental hazard

by-product, or special nuclear material.

(3) Inspect the activities of licensees of the agreement st

United States Nuclear Regulatory Commission.

7. High-Level Radioactive Was
7
Contents

A. NUCLEAR WASTE POLICY ACT OF 1982, AS AMENDE

Sec. 1. Short Title and Table of Contents...............................

Sec. 2. Definitions .....................................................................

Sec. 3. Separability ...................................................................

Sec. 4. Territories and Possessions..........................................

Sec. 5. Ocean Disposal..............................................................

Sec. 6. Limitation on Spending Authority..............................

Sec. 7. Protection of Classified National Security Informati

Sec. 8. Applicability..................................................................

Sec. 9. Applicability to Transportation Laws ........................

Title I–Disposal and Storage of High-Level Radioactive Waste, Sp

Nuclear Fuel, and Low-Level Radioactive Waste.................

Sec. 101. State and Affected Indian Tribe Participation in 

Development of Proposed Repositories for Defense Wa

Subtitle A–Repositories for Disposal of High-Level Radioactive W

and Spent Nuclear Fuel....................................................

Sec. 111. Findings and Purposes.............................................

Sec. 112. Recommendation of Candidate Sites for Site 

Characterization........................................................

Sec. 113. Site Characterization................................................

Sec. 114. Site Approval and Construction Authorization.....

Sec. 115. Review of Repository Site Selection ........................

Sec. 116. Participation of States..............................................

Sec. 117. Consultation with States and Affected Indian Trib

Sec. 118. Participation of Indian Tribes.................................

Sec. 119. Judicial Review of Agency Actions .........................

Sec. 120. Expedited Authorizations ........................................

Sec. 121. Certain Standards and Criteria ..............................

Sec. 122. Disposal of Spent Nuclear Fuel................................

Sec. 123. Title to Material........................................................

Sec. 124. Consideration of Effect of Acquisition of Water R

Sec. 125. Termination of Certain Provisions..........................

Subtitle B–Interim Storage Program .................................................

Sec. 131. Findings and Purposes.............................................

Sec. 132. Available Capacity for Interim Storage of Spent 

Nuclear Fuel...............................................................

Sec. 133. Interim at Reactor Storage ......................................

Sec. 134. Licensing of Facility Expansions and Transshipm

Sec. 135. Storage of Spent Nuclear Fuel.................................

Sec. 136. Interim Storage Fund...............................................

Sec. 137. Transportation..........................................................

Subtitle C–Monitored Retrievable Storage........................................

Sec. 141. Monitored Retrievable Storage ...............................

Sec. 142. Authorization of Monitored Retrievable Storage ..

Sec. 143. Monitored Retrievable Storage Commission .........

Sec. 144. Survey........................................................................
Sec. 147. Benefits Agreement ..................................................

Sec. 148. Construction Authorization.....................................

Sec. 149. Financial Assistance .................................................

Subtitle D–Low-Level Radioactive Waste..........................................

Sec. 151. Financial Arrangements for Low-Level Radioacti

Waste Site Closure.....................................................

Subtitle E–Redirection of the Nuclear Waste Program....................

Sec. 160. Selection of Yucca Mountain Site............................

Sec. 161. Siting a Second Repository ......................................

Subtitle F–Benefits...............................................................................

Sec. 170. Benefits Agreements.................................................

Sec. 171. Content of Agreements.............................................

Sec. 172. Review Panel.............................................................

Sec. 173. Termination ..............................................................

Subtitle G–Other Benefits ...................................................................

Sec. 174. Consideration in Siting Facilities ............................

Sec. 175. Report........................................................................

Subtitle H–Transportation ..................................................................

Sec. 180. Transportation..........................................................

Title II–Research, Development, and Demonstration Regarding 

Disposal of High-Level Radioactive Waste and Spent Nucle

Fuel............................................................................................

Sec. 211. Purpose......................................................................

Sec. 212. Applicability..............................................................

Sec. 213. Identification of Sites................................................

Sec. 214. Siting Research and Related Activities...................

Sec. 215. Test and Evaluation Facility Siting Review and Re

Sec. 216. Federal Agency Actions............................................

Sec. 217. Research and Development on Disposal of High-L

Radioactive Waste .....................................................

Sec. 218. Research and Development on Spent Nuclear Fue

Sec. 219. Payments to States and Indian Tribes....................

Sec. 220. Study of Research and Development Needs for 

Monitored Retrievable Storage Proposal................

Sec. 221. Judicial Review .........................................................

Sec. 222. Research on Alternatives for the Permanent Dispo

of High-Level Radioactive Waste.............................

Sec. 223. Technical Assistance to Non-Nuclear Weapon Sta

in the Field of Spent Fuel Storage and Disposal .....

Sec. 224. Subseabed Disposal ..................................................

Title III–Other Provisions Relating to Radioactive Waste...............

Sec. 301. Mission Plan..............................................................

Sec. 302. Nuclear Waste Fund.................................................

Sec. 303. Alternative Means of Financing ..............................

Sec. 304. Office of Civilian Radioactive Waste Management

Sec. 305. Location of Test and Evaluation Facility................

Sec. 306. Nuclear Regulatory Commission Training 

Authorization.............................................................

Title IV–Nuclear Waste Negotiator ....................................................
Sec. 403. Duties of the Negotiator ...........................................

Sec. 404. Environmental Assessment of Sites.........................

Sec. 405. Site Characterization; Licensing.............................

Sec. 406. Monitored Retrievable Storage ...............................

Sec. 407. Environmental Impact Statement...........................

Sec. 408. Administrative Powers of the Negotiator ...............

Sec. 409. Cooperation of Other Departments and Agencies.

Sec. 410. Termination of the Office.........................................

Sec. 411. Authorization of Appropriations.............................

Title V–Nuclear Waste Technical Review Board ..............................

Sec. 501. Definitions .................................................................

Sec. 502. Nuclear Waste Technical Review Board ................

Sec. 503. Functions...................................................................

Sec. 504. Investigatory Powers................................................

Sec. 505. Compensation of Members......................................

Sec. 506. Staff............................................................................

Sec. 507. Support Services.......................................................

Sec. 508. Report........................................................................

Sec. 509. Authorization of Appropriations.............................

Sec. 510. Termination of the Board ........................................

B. PERTINENT PROVISIONS OF THE ENERGY POLICY 

1992—(ENVIRONMENTAL PROTECTION STANDARD

Title VIII–High-Level Radioactive Waste..........................................

Sec. 801. Nuclear Waste Disposal............................................

Sec. 803. Nuclear Waste Management Plan...........................

C. PERTINENT PROVISIONS OF THE RONALD W. REA

NATIONAL DEFENSE AUTHORIZATION ACT FOR 

YEAR 2005—(WASTE INCIDENTAL TO REPROCESS

Sec. 3116. Defense Site Acceleration Completion ..................

D. PERTINENT PROVISIONS OF THE ENERGY POLICY 

2005—(GREATER-THAN-CLASS C WASTE) ...................

Sec. 631. Safe Disposal of Greater-Than-Class C 

Radioactive Waste .....................................................

January 7, 1983

Sec. 1. Short Title and Table of Contents

This Act may be cited as the "Nuclear Waste Policy 

(TOC not duplicated here.)

Sec. 2. Definitions

For purposes of this Act:

(1) The term "Administrator" means the Admini

Environmental Protection Agency.

(2) The term "affected Indian tribe" means any India

(A) within whose reservation boundaries 

retrievable storage facility, test and evaluation 

repository for high-level radioactive waste or spent fu

to be located;

(B) whose federally defined possessory or usage 

lands outside of the reservation’s boundaries a

congressionally ratified treaties may be substantially 

affected by the locating of such a facility: Provi

Secretary of the Interior finds, upon the petition of t

governmental officials of the tribe, that such eff

substantial and adverse to the tribe;

(3) the term "atomic energy defense activity" means 

the Secretary performed in whole or in part in carrying 

following functions:

(A) naval reactors development;

(B) weapons activities including defense inertia

fusion;

(C) verification and control technology;

(D) defense nuclear materials production;

(E) defense nuclear waste and materials 

management;

(F) defense nuclear materials security and sa

security investigations; and

(G) defense research and development.

(4) The term "candidate site" means an area, within a 

hydrologic system, that is recommended by the Secretary 

112 for site characterization, approved by the President 

112 for site characterization, or undergoing site characte

section 113.

(5) The term "civilian nuclear activity" means any 

activity other than an atomic energy defense activity.

(6) The term "civilian nuclear power reactor" me

nuclear power plant required to be licensed under section 

of the Atomic Energy Act of 1954 (42 USC 2133, 2134(

(7) The term "Commission" means the Nuclea

Commission.

(8) The term "Department" means the Department of 

(9) The term "disposal" means the emplacement in a 

high-level radioactive waste, spent nuclear fuel, or 

radioactive material with no foreseeable intent of recove

not such emplacement permits the recovery of such was

42 USC 10101.
radioactive waste, spent nuclear fuel, or other radioact

and any overpacks that are emplaced at a repository.

(11) The term "engineered barriers" means manmad

of a disposal system designed to prevent the release of 

into the geologic medium involved. Such term includes 

radioactive waste form, high-level radioactive waste 

other materials placed over and around such canisters.

(12) The term "high-level radioactive waste" means–

(A) the highly radioactive material resultin

reprocessing of spent nuclear fuel, including liquid w

directly in reprocessing and any solid material deriv

liquid waste that contains fission products 

concentrations; and

(B) other highly radioactive material that the 

consistent with existing law, determines by rule requi

isolation.

(13) The term "Federal agency" means any Executi

defined in section 105 of title 5, United States Code.

(14) The term "Governor" means the chief executiv

State.

(15) The term "Indian tribe" means any Indian tribe

or other organized group or community of Indians 

eligible for the services provided to Indians by the Se

Interior because of their status as Indians, including any 

village, as defined in section 3(c) of the Alaska N

Settlement Act (43 USC 1602(c)).

(16) The term "low-level radioactive waste" mean

material that–

(A) is not high-level radioactive waste, spent 

transuranic waste, or by-product material as defin

11e(2) of the Atomic Energy Act of 1954 (42 USC 20

(B) the Commission, consistent with existing law

low level radioactive waste.

(17) The term "Office" means the Office of Civilia

Waste Management established in section 305.

(18) The term "repository" means any system lic

Commission that is intended to be used for, or may be 

permanent deep geologic disposal of high-level radioact

spent nuclear fuel, whether or not, such system is desig

the recovery, for a limited period during initial oper

materials placed in such system. Such term includes bo

subsurface areas at which high-level radioactive wa

nuclear fuel handling activities are conducted.

(19) The term "reservation" means–

(A) any Indian reservation or dependent India

referred to in clause 9a) or (b) of section 1151 of ti

States Code; or

(B) any land selected by an Alaska Native villa

corporation under the provisions of the Alaska N

Settlement Act (43 USC 1601 et seq.).

(20) The term "Secretary" means the Secretary of En

(21) The term "site characterization" means–

(A) siting research activities with respect t

evaluation facility at a candidate site; and
p

repository, including borings, surface excavations, e

exploratory shafts, limited subsurface lateral exc

borings, and in situ testing needed to evaluate the s

candidate site for the location of a repository, but 

preliminary borings and geophysical testing need

whether site characterization should be undertaken.

(22) The term "siting research" means activities, incl

surface excavations, shaft excavations, subsurface later

and borings, and in situ testing, to determine the suitabili

a test and evaluation facility. 

(23) The term "spent nuclear fuel" means fuel t

withdrawn from a nuclear reactor following irradiation, t

elements of which have not been separated by reprocess

(24) The term "State" means each of the several Stat

of Columbia, the Commonwealth of Puerto Rico, the V

Guam, American Samoa, the Northern Mariana Islan

Territory of the Pacific Islands, and any other territory or 

the United States.

(25) The term "storage" means retention of high-lev

waste, spent nuclear fuel, or transuranic waste with the in

such waste or fuel for subsequent use, processing, or dis

(26) The term "Storage Fund" means the Interim 

established in section 137(c).

(27) The term "test and evaluation facility" mean

prototypic, underground cavity with subsurface latera

extending from a central shaft that is used for 

development purposes, including the development 

experience for the safe handling and disposal of solidif

radioactive waste, transuranic waste, or spent nuclear fu

(28) The term "unit of general local governmen

borough, city, county, parish, town, township, village, or 

purpose political subdivision of a State.

(29) The term "Waste Fund" means the Nuclear 

established in section 302(c).

(30) The term "Yucca Mountain site" means the ca

the State of Nevada recommended by the Secretary to 

under section 112(b)(1)(B) on May 27, 1986.

(31) The term "affected unit of local government" m

of local government with jurisdiction over the site of a r

monitored retrievable storage facility. Such term may, at 

of the Secretary, include units of local government that a

with such unit.

(32) The term "Negotiator" means the Nuclear Wast

(33) As used in title IV, the term "Office" means the 

Nuclear Waste Negotiator established under title IV of t

(34) The term "monitored retrievable storage facili

storage facility described in section 141(b)(1).1

––––––––

1 Subsections (30) through (34) were added by P.L. 100–203, § 5002, 

(1987).
person or circumstance, is held invalid, the remainder of th

application of such provisions to persons or circumstances ot

as to which it is held invalid, shall not be affected thereby.

Sec. 4. Territories and Possessions

Nothing in this Act shall be deemed to repeal, modify, 

provisions of section 605 of the Act of March 12, 1980.

Sec. 5. Ocean Disposal

Nothing in this Act shall be deemed to affect the Mari

Research, and Sanctuaries Act of 1972.

Sec. 6. Limitation on Spending Authority

The authority under this Act to incur indebtedness, 

contracts, obligating amounts to be expended by the Federa

shall be effective for any fiscal year only to such extent or in 

as are provided in advance by appropriation Acts.

Sec. 7. Protection of Classified National Security Inform

Nothing in this Act shall require the release or disclosure 

or to the Commission of any classified national security info

Sec. 8. Applicability

(a) ATOMIC ENERGY DEFENSE ACTIVITIES–S

provisions of subsection (c), the provisions of this Act shall 

respect to any atomic energy defense activity or to any fa

conjunction with any such activity.

(b) EVALUATION BY PRESIDENT–(1) Not later than 

the date of the enactment of this Act, the President shall ev

of disposal capacity at one or more repositories to be dev

subtitle A of title I for the disposal of high-level radioactive w

from atomic energy defense activities. Such evaluation s

consideration factors relating to cost efficiency, health 

regulation, transportation, public acceptability, and national 

(2) Unless the President finds, after conducting t

required in paragraph (1), that the development of a rep

disposal of high-level radioactive waste resulting from 

defense activities only is required, taking into account al

describe in such subsection, the Secretary shall proceed 

arrangement for the use of one or more of the repo

developed under subtitle A of title I for the disposal of suc

arrangements shall include the allocation of costs o

constructing, and operating this repository of repositor

resulting from permanent disposal of high-level radioacti

atomic energy defense activities shall be paid by 

Government, into the especial account established under 

(3) Any repository for the disposal of high-level rad

resulting from atomic energy defense activities only 

subject to licensing under section 202 of the Energy R

Act of 1973 (42 USC 5842); and (B) comply with all re

the Commission for the siting, development, cons

operation of a repository.

(c) APPLICABILITY TO CERTAIN REPOSI

provisions of this Act shall apply with respect to any repos

exclusively for the disposal of high-level radioactive w

nuclear fuel resulting from atomic energy defense activities

development activities of the Secretary, or both.

42 USC 10103.

42 USC 10104.

42 USC 10105.

42 USC 10106.

42 USC 10107.
, , pg p

nuclear fuel or high-level radioactive waste.

Title I–Disposal and Storage of High-Level Radioactive 

Nuclear Fuel, and Low-Level Radioactive Wa

Sec. 101. State and Affected Indian Tribe Participation i

Development of Proposed Repositories for Defense Wast

(a) NOTIFICATION TO STATES AND AFFECT

TRIBES–Notwithstanding the provisions of section 8, upon 

by the Secretary or the President to develop a repository fo

of high-level radioactive waste or spent nuclear fuel resultin

from atomic energy defense activities, research and developm

of the Secretary, or both, and before proceeding with an

investigations with respect to such repository, the Secretar

the Governor and legislature of the State in which such 

proposed to be located, or the governing body of the affecte

on whose reservation such repository is proposed to be locat

may be, of such decision.

(b) PARTICIPATION OF STATES AND AFFECT

TRIBES–Following the receipt of any notification under s

the State or Indian tribe involved shall be entitled, with 

proposed repository involved, to rights of participation an

identical to those provided in sections 115 through 118, ex

financial assistance authorized to be provided to such Sta

Indian tribe under section 116(c) or 118(b) shall be made 

appropriated to the Secretary for purposes of carrying out th

Subtitle A–Repositories for Disposal of High-Level R

Waste and Spent Nuclear Fuel

Sec. 111. Findings and Purposes

(a) FINDINGS–THE Congress finds that–

(1) radioactive waste creates potential risks and req

environmentally acceptable methods of disposal;

(2) a national problem has been created by the accum

spent nuclear fuel from nuclear reactors; and (B) radi

from (i) reprocessing of spent nuclear fuel; (ii) activi

medical research, diagnosis, and treatment; and (iii) othe

(3) Federal efforts during the past 30 years to devis

solution to the problems of civilian radioactive waste dis

been adequate;

(4) while the Federal Government has the responsibi

for the permanent disposal of high-level radioactive w

spent nuclear fuel as may be disposed of in order to pro

health and safety and the environment, the costs of 

should be the responsibility of the generators and owners 

and spent fuel;

(5) the generators and owners of high-level radioact

spent nuclear fuel have the primary responsibility to pr

the responsibility to pay the costs of, the interim storage 

and spent fuel until such waste and spent fuel is ac

Secretary of Energy in accordance with the provisions o

42 USC 10121.

42 USC 10131.
safety of disposal of such waste and spent fuel; and

(7) high-level radioactive waste and spent nucle

become major subjects of public concern, and appropria

may be taken to ensure that such waste and spent fuel do 

affect the public health and safety and the environment fo

generations.

(b) PURPOSES–The purposes of this subtitle are–

(1) to establish a schedule for the siting, construction, 

of repositories that will provide a reasonable assurance 

and the environment will be adequately protected from 

posed by high-level radioactive waste and such spent n

may be disposed of in a repository;

(2) to establish the Federal responsibility, and a de

policy, for the disposal of such waste and spent fuel;

(3) to define the relationship between the Federal Go

the State government with respect to the disposal of su

spent fuel; and

(4) to establish a Nuclear Waste Fund, composed of p

by the generators and owners of such waste and spent 

ensure that the costs of carrying out activities relating t

of such waste and spent fuel will be borne by the perso

for generating such waste and spent fuel.

Sec. 112. Recommendation of Candidate Sites for Site 

Characterization

(a) GUIDELINES–Not later than 180 days after th

enactment of this Act, the Secretary, following consulta

Council on Environmental Quality, the Administr

Environmental Protection Agency, the Director of the 

Geological Survey, and interested Governors, and the conc

Commission shall issue general guidelines for the recommen

for repositories. Such guidelines shall specify detai

considerations that shall be primary criteria for the select

various geologic media. Such guidelines shall specify facto

or disqualify any site from development as a repository, inc

pertaining to the location of valuable natural resource

geophysics, seismic activity, and atomic energy defen

proximity to water supplies, proximity to populations, the e

rights of users of water, and proximity to components of the 

System, the National Wildlife Refuge System, the Natio

Scenic Rivers System, the National Wilderness Preservati

National Forest Lands. Such guidelines shall take into con

proximity to sites where high-level radioactive waste and 

fuel is generated or temporarily stored and the transportati

factors involved in moving such waste to a repository. Su

shall specify population factors that will disqualify a

development as a repository if any surface facility of su

would be located (1) in a highly populated area; or (2) adjac

1 mile by 1 mile having a population of not less than 1,00

Such guidelines also shall require the Secretary to conside

impact of transporting to the repository site the solidifi

radioactive waste and spent fuel to be disposed of in the repo

advantages of regional distribution in the siting of repo

guidelines shall require the Secretary to consider the var

media in which sites for repositories may be located and, 

42 USC 10132.
()

may revise such guidelines from time to time, consis

provisions of this subsection.

(b) RECOMMENDATION BY SECRETARY 

PRESIDENT–(1)(A) Following the issuance of guid

subsection (a) and consultation with the Governors of affec

Secretary shall nominate at least 5 sites that he determines s

characterization for selection of the first repository site.

(B) Subsequent to such nomination, the Se

recommend to the President 3 of the nominated sites 

January 1, 1985 for characterization as candidate site

(C) Such recommendations under subparagraph 

consistent with the provisions of section 305.

(D) Each nomination of a site under this subse

accompanied by an environmental assessment, which 

a detail statement of the basis for such recommendat

probable impacts of the site characterization activiti

such site, and a discussion of alternative activities r

characterization that may be undertaken to avoid 

Such environmental assessment shall include–

(i) an evaluation by the Secretary as to wheth

suitable for site characterization under th

established under subsection (a);

(ii) an evaluation by the Secretary as to wheth

suitable for development as a repository und

guideline that does not require site characte

prerequisite for application of such guidelines;

(iii) an evaluation by the Secretary of the effe

characterization activities at such site on the pub

safety and the environment;

(iv) a reasonable comparative evaluation by th

such site with other sites and locations tha

considered:

(v) a description of the decision process by w

was recommended; and

(vi) an assessment of the regional and loc

locating the proposed repository at such site.

(E)(i) The issuance of any environmental assessm

paragraph shall be considered to be a final agency ac

judicial review in accordance with the provisions o

title 5, United States Code, and section 119. Such j

shall be limited to the sufficiency of such 

assessment with respect to the items described 

through (vi) of subparagraph (D).

(F) Each environmental assessment prepare

paragraph shall be made available to the public.

(G) Before nominating a site, the Secretary sh

Governor and legislature of the State in which such 

or the governing body of the affected Indian tribe w

is located, as the case may be, of such nomination an

such nomination.

(2) Before nominating any site the Secretary sha

hearings in the vicinity of such site to inform the reside

in which such site is located of the proposed nominatio

Recommendation 

date.

Environmental 

assessment.
respect to issues that should be addressed in the 

assessment described in paragraph (1) and the site charac

described in section 113(b)(l).

(3) In evaluating the sites nominated under this sectio

decision to recommend a site as a candidate site, the Secr

available geophysical, geologic, geochemical and hy

other information and shall not conduct any prelimina

excavations at a site unless (i) such preliminary boring 

activities were in progress upon the date of enactment of 

the Secretary certifies that such available informatio

sources, in the absence of preliminary borings or excava

be adequate to satisfy applicable requirements of this Ac

law: Provided, That preliminary borings or excavatio

section shall not exceed a diameter of 6 inches.

(c) PRESIDENTIAL REVIEW OF RECOMMENDED C

SITES–

(1) The President shall review each candidate site rec

made by the Secretary under subsection (b). Not later tha

the submission by the Secretary of a recommendation 

site, the President, in his discretion, may either approve 

such candidate site, and shall transmit any such de

Secretary and to either the Governor and legislature o

which such candidate site is located, or the governing 

affected Indian tribe where such candidate site is locate

may be. If, during such 60-day period, the President fails 

disapprove such candidate site, or fails to invoke his au

paragraph (2) to delay his decision, such candidate 

considered to be approved, and the Secretary shal

Governor and legislature, or governing body of the a

tribe, of the approval of such candidate site by reason o

of the President.

(2) The President may delay for not more than 

decision under paragraph (1) to approve or disapprove a 

upon determining that the information provide

recommendation of the Secretary is insufficient to perm

within the 60-day period referred to in paragraph (1). 

may invoke his authority under this paragraph by subm

notice to the Congress, within such 60-day period of 

invoke such authority. If the President invokes such auth

to approve or disapprove the candidate site involved by t

6-month period, such candidate site shall be considered t

and the Secretary shall notify such Governor and l

governing body of the affected Indian tribe of the app

candidate site by reason of the inaction of the President.

(d) PRELIMINARY ACTIVITIES–Except as otherwis

this section , each activity of the President or the Secret

section shall be considered to be a preliminary decision m

No such activity shall require the preparation of an environ

statement under section 102(2)(C) of the National Environ

Act of 1969 (42 USC 4332(2)(C)), or to require any environ

under subparagraph (E) or (F) of section 102(2) of such Act

––––––––

2 Amended by P.L. 100–203, § 5011, 101 Stat. 1330 (1987); P.L. 102–

105 Stat. 1000 (1991).

Decision 

transmittal or 

notification.
p, ppp

the Yucca Mountain site. The Secretary shall consider fully 

received under subsection (b)(2) and section 112(b)(2) an

maximum extent practicable and in consultation with the G

State of Nevada conduct site characterization activities in 

minimizes any significant adverse environmental impacts 

such comments or in the environmental assessment sub

subsection (b)(1).

(b) COMMISSION AND STATES–(1) Before proce

shafts at the Yucca Mountain site, the Secretary shall su

candidate site to the Commission and to the Governor or leg

State of Nevada for their review and comment–

(A) a general plan for site characterization ac

conducted at such candidate site, which plan shall in

(i) a description of such candidate site;

(ii) a description of such site characterizat

including the following: the extent of planned 

plans for any onsite testing with radioactive or n

material, plan for any investigation activities that 

capabilities of such candidate site to isola

radioactive waste and spent nuclear fuel, and pl

any adverse, safety-related impacts from 

characterization activities;

(iii) plan for the decontamination and decom

such candidate site, and for the mitigation of a

adverse environmental impacts caused b

characterization activities if it is determined u

application for a construction authorization for a 

(iv) criteria to be used to determine the suita

candidate site for the location of a repositor

pursuant to section 112(a); and

(v) any other information required by the Com

(B) a description of the possible form or packagin

level radioactive waste and spent nuclear fuel to b

such repository, a description, to the extent pract

relationship between such waste form or packa

geologic medium of such site, and a description of 

being conducted by the Secretary with respect to 

waste form or packaging or such relationship; and

(C) a conceptual repository design that takes into 

site-specific requirements.

(2) Before proceeding to sink shafts at the Yucca Mou

Secretary shall (A) make available to the pub

characterization plan described in paragraph (1); and (B

hearings in the vicinity of such candidate site to inform th

the area in which such candidate site is located of suc

receive their comments.

(3) During the conduct of site characterization ac

Yucca Mountain site, the Secretary shall report not less th

6 months to the Commission and to the Governor and leg

State of Nevada on the nature and extent of such acti

information developed from such activities.

(c) RESTRICTIONS–(1) The Secretary may conduct 

Mountain site only such site characterization activities as 

Plan submittal, 

review and 

comment.

Public 

availability; 

hearings.

Report.
Commission for a construction authorization for a repositor

and for compliance with the National Environmental Polic

(42 USC 4321 et seq.).

(2) In conducting site characterization activities–

(A) the Secretary may not use any radioactive ma

unless the Commission concurs that such use is 

provide data for the preparation of the required 

reports and an application for a construction autho

repository at such site; and

(B) if any radioactive material is used at a site–

(i) the Secretary shall use the minimum quan

to determine the suitability of such sites for a rep

no event more than the curie equivalent of 10 m

spent nuclear fuel; and

(ii) such radioactive material shall be fully re

(3) If the Secretary at any time determines the Yucca 

to be unsuitable for development as a repository, the Sec

(A) terminate all site characterization activities a

(B) notify the Congress, the Governor and legislat

of such termination and the reasons for such termina

(C) remove any high-level radioactive waste, spen

or other radioactive materials at or in such site a

practicable;

(D) take reasonable and necessary steps to reclai

to mitigate any significant adverse environmental im

by site characterization activities at such site;

(E) suspend all future benefits payments under s

respect to such site; and

(F) report to Congress not later than 6 mont

determination the Secretary’s recommendations for 

to assure the safe, permanent disposal of spent nu

high-level radioactive waste, including the need for n

authority.

(d) PRELIMINARY ACTIVITIES–Each activity of 

under this section that is in compliance with the provisions 

(c) shall be considered a preliminary decision making act

activity shall require the preparation of an environmental im

under section 102(2)(C) of the National Environmental Polic

(42 USC 4332(2)(C)), or to require any environmental 

subparagraph (E) or (F) of section 102(2) of such Act.3

Sec. 114. Site Approval and Construction Authorization

(a) HEARINGS AND PRESIDENTIAL RECOMMEND

Secretary shall hold public hearings in the vicinity of the Yu

site for the purposes of informing the residents of the 

consideration and receiving their comments regarding 

recommendation of such site. If, upon completion of such 

completion of site characterization activities at the Yucca 

under section 113, the Secretary decides to recommend app

site to the President, the Secretary shall notify the Governor a

of the State of Nevada of such decision. No sooner than the 

the 30-day period following such notification, the Secretar

to the President a recommendation that the President approv

––––––––

3 Amended by P.L. 100–203, § 5011, 101 Stat. 1330 (1987).

Reports.

42 USC 10134.

Notification of 

decision.
y , g 

described in subparagraph (A) through subparagraph (G).

Together with any recommendation of a site under this 

Secretary shall make available to the public, and submit to 

a comprehensive statement of the basis of such recommendat

the following:

(A) a description of the proposed reposito

preliminary engineering specifications for the facility

(B) a description of the waste form or packaging 

use at such repository, and an explanation of th

between such waste form or packaging and the geo

of such site;

(C) a discussion of data, obtained in site ch

activities, relating to the safety of such site;

(D) a final environmental impact statement pre

Yucca Mountain site pursuant to subsection (f) and 

Environmental Policy Act of 1969 (42 USC 4321 et 

with comments made concerning such environm

statement by the Secretary of the Interior, the 

Environmental Quality, the Administrator, and the 

except that the Secretary shall not be required 

environmental impact statement to consider the 

repository, the alternatives to geological disposal, 

sites to the Yucca Mountain site;

(E) preliminary comments of the Commission c

extent to which the at-depth site characterization an

waste form proposal for such site seem to be sufficien

in any application to be submitted by the Secretary f

such site as a repository;

(F) the views and comments of the Governor and 

any State, or the governing body of any affected In

determined by the Secretary, together with the re

Secretary to such views;

(G) such other information as the Secreta

appropriate; and

(H) any impact report submitted under section 11

the State of Nevada.

(2)(A) If, after recommendation by the Secretary, 

considers the Yucca Mountain site qualified for app

construction authorization for a repository, the Presiden

a recommendation of such site to Congress. 

(B) The President shall submit with such recom

copy of the statement for such site prepared by the S

paragraph (1).

(3)(A) The President may not recommend the appr

Mountain site unless the Secretary has recommended to 

under paragraph (1) approval of such site and has sub

President a statement for such site as required under suc

(B) No recommendation of a site by the Presid

subsection shall require the preparation of an environ

statement under section 102(2)(C) of the National E

Policy Act of 1969 (42 USC 4332(2)(C), or to 

environmental review under subparagraph (E) or 

102(2) of such Act.

Public 

availability.
designation is permitted to take effect under section 115, 

shall submit to the Commission an application for a 

authorization for a repository at such site not later than 90 

date on which the recommendation of the site designatio

under such section and shall provide to the Governor and leg

State of Nevada a copy of such application.

(c) STATUS REPORT ON APPLICATION–Not later th

the date on which an application for a construction au

submitted under subsection (b), and annually thereafter un

which such authorization is granted, the Commission shall s

to the Congress describing the proceeding undertaken throu

such report with regard to such application, including a desc

(1) any major unresolved safety issues, and the expl

Secretary with respect to design and operation plans for r

issues;

(2) any matters of contention regarding such applica

(3) any Commission actions regarding the granting 

such authorization.

(d) COMMISSION ACTION–The Commission shal

application for a construction authorization for all or part o

in accordance with the laws applicable to such applications, 

Commission shall issue a final decision approving or dis

issuance of a construction authorization not later that the e

years after the date of the submission of such application, e

Commission may extend such deadlines by not more than 

not less than 30 days before such deadlines, the Commission 

the reporting requirements established in subsection 

Commission decision approving the first such application 

the emplacement in the first repository of a quantity 

containing in excess of 70,000 metric tons of heavy metal o

solidified high-level radioactive waste resulting from the re

such a quantity of spent fuel until such time as a second re

operation. In the event that a monitored retrievable sto

approved pursuant to subtitle C of this Act, shall be located

to be located, within 50 miles of the first repository, then th

decision approving the first such application shall 

emplacement of a quality of spent fuel containing in exc

metric tons of heavy metal or a quantity of solidified high-lev

waste resulting from the reprocessing of spent fuel in both 

and monitored retrievable storage facility until such time 

repository is in operation.

(e) PROTECT DECISION SCHEDULE–(1) The S

prepare and update, as appropriate, in cooperation with all af

agencies, a project decision schedule that portrays the opt

attain the operation of the repository within the time period

this subtitle. Such schedule shall include a description of ob

sequence of deadlines for all Federal agencies required t

including an identification of the activities in which a delay 

completion, of such activities will cause a delay in beginn

operation. 

Construction 

authorization 

applications.
y g

explaining the reason for its failure or expected failure 

deadlines, the reason why such agency could not reach 

with the Secretary, the estimated time for completion of 

activities involved, the associated effect on its other de

project decision schedule, and any recommendations it 

actions it intends to take regarding any improvements in 

or organization, or changes to its statutory directives o

that it will be able to mitigate the delay involved. The Sec

30 days after receiving any such report, shall file with th

response to such report, including the reasons why the S

not amend the project decision schedule to accommoda

agency involved.

(f) ENVIRONMENTAL IMPACT STATEMENT–

(1) Any recommendation made by the Secretary und

shall be considered a major Federal action significantly 

quality of the human environment for purposes of 

Environmental Policy Act of 1969 (42 USC 4321 et 

environmental impact statement prepared by the Secreta

Act shall accompany any recommendation to the Presid

a site for a repository.

(2) With respect to the requirements imposed by 

Environmental Policy Act of 1969 (42 USC 4321 et seq

with the procedures and requirements of this Act sha

adequate consideration of the need for a repository, th

initial availability of a repository, and all alternatives to 

of high-level radioactive waste and spent nuclear fuel in 

(3) For purposes of complying with the require

National Environmental Policy Act of 1969 (42 USC 43

this section, the Secretary need not consider alternativ

Yucca Mountain site for the repository to be develop

subtitle.

(4) Any environmental impact statement prepared 

with a repository proposed to be constructed by the Se

this subtitle shall, to the ex tent practicable, be ad

Commission in connection with the issuance by the Co

construction authorization and license for such repos

extent such statement is adopted by the Commission, 

shall be deemed to also satisfy the responsibilities of th

under the National Environmental Policy Act of 1969 (

et seq.) and no further consideration shall be require

nothing in this subsection shall affect any independent r

of the Commission to protect the public health unde

Energy Act of 1954 (42 USC 2011 et seq.).

(5) Nothing in this Act shall be construed to amend 

detract from the licensing requirements of the Nucle

Commission established in title II of the Energy Reorgan

1974 (42 USC 5841 et seq.).

(6) In any such statement prepared with respect to th

be constructed under this subtitle, the Nuclear Regulator

need not consider the need for a repository, the ti

Secretary and 

Congress.

Report 

response, filing 

with Congress.
Sec. 115. Review of Repository Site Selection

(a) DEFINITION–For purposes of this section, the term 

repository siting approval" means a joint resolution of the 

matter after the resolving clause of which is as follows: Tha

is approved the site at . for a repository, with respect to wh

disapproval was submitted by ___ on ___. The first blank 

resolution shall be filled with the name of the geographic l

proposed site of the repository to which such resolution 

second blank space in such resolution shall be filled with th

of the State Governor and legislature or Indian tribe go

submitting the notice of disapproval to which such resolution 

the last blank space in such resolution shall be filled with th

submission.

(b) STATE OR INDIAN TRIBE PETITIONS–The de

site as suitable for application for a construction autho

repository shall be effective at the end of the 60-day period 

the date that the President recommend such site to the C

section 114, unless the Government and legislature of the S

such site is located, or the governing body of an Indian tr

reservation such site is located, as the case may be, has su

Congress a notice of disapproval under section 116 or 

disapproval has been submitted, the designation of such sit

effective except as provided under subsection (c).

(c) CONGRESSIONAL REVIEW OF PETITIONS–If 

disapproval of a repository site designation has been sub

Congress under section 116 or 118 after a recommendation 

of such site is made by the President under section 114, suc

disapproved unless, during the first period of 90 cale

continuous session of the Congress after the date of the 

Congress of such notice of disapproval, the Congress passe

of repository siting approval in accordance with this subsect

such site, and such resolution thereafter becomes law.

(d) PROCEDURES APPLICABLE TO THE SENA

provisions of this subsection are enacted by the Congress–

(A) as an exercise of the rulemaking power of th

as such they are deemed a part of the rules of th

applicable only with respect to the procedure to be f

Senate in the case of resolutions of repository siting 

such provisions supersede other rules of the Senat

extent that they are inconsistent with such other rule

(B) with full recognition of the constitutional righ

to change the rules (so far as relating to the procedure 

at any time, in the same, manner and to the same e

case of any other rule of the Senate.

(2)(A) Not later than the first day of session followi

which any notice of disapproval of a repository sit

submitted to the Congress under section 116 or 118, a 

repository siting approval shall be introduced (by request

by the chairman of the committee to which such notice 

is referred, or by a Member of Members of the Senate 

such chairman.

––––––––

4 Amended by P.L. 100–203, § 5011, 101 Stat. 1330 (1987).

42 USC 10135.

Notice of 

disapproval, 

submittal to 

Congress.

Introduction of 

resolution.
y 

such resolutions with respect to the same repositor

referred to the same committee or committees. Upon 

of 60 calendar days of continuous session after the i

the first resolution of repository siting approval with 

site, each committee to which such resolution was 

make its recommendations to the Senate.

(3) If any committee to which is referred a resolu

approval introduced under paragraph (2)(A), or, in the ab

a resolution, any other resolution of siting approval in

respect to the site involved, has not reported such resolu

of 60 days of continuous session of Congress after introd

resolution, such committee shall be deemed to be dis

further consideration of such resolution, and such resol

placed on the appropriate calendar of the Senate.

(4)(A) When each committee to which a resolu

approval has been referred has reported, or has been 

discharged from further consideration of, a resolution 

paragraph (3), it shall at any time thereafter be in order (

previous motion to the same effect has been disagree

Member of the Senate to move to proceed to the conside

resolution. Such motion shall be highly privilege and 

debatable. Such motion shall not be subject to amendme

to postpone, or to a motion to proceed to the consider

business. A motion to reconsider the vote by which s

agreed to or disagreed to shall not be in order. If a moti

to the consideration of such resolution is agreed to, su

shall remain the unfurnished business of the Senate unti

(B) Debate on a resolution of siting approva

debatable motions and appeals in connection with su

shall be limited to not more than 10 hours, which sh

equally between Members favoring and Members o

resolution. A motion further to limit debate shall b

shall not be debatable. Such motion shall not 

amendment, to a motion to postpone, or to a motion 

the consideration of other business, and a motion to r

resolution shall not be in order. A motion to reconsid

which such resolution is agreed to or disagreed to s

order.

(C) Immediately following the conclusion of th

resolution of siting approval, and a single quoru

conclusion of such debate if requested in accordance 

the Senate, the vote on final approval of such resoluti

(D) Appeals from the decisions of the Chair r

application of the rules of the Senate to the procedur

resolution of siting approval shall be decided withou

(5) If the Senate receives from the House a resolution 

siting approval with respect to any site, then the follow

shall apply:

(A) The resolution of the House with respect to 

not be referred to a committee.

(B) With respect to the resolution of the Senate w

such site–

Discharge of 

committee.

Debate.

Appeals.
resolution from the House with respect to such 

received; but

(ii) on any vote on final passage of a resolution 

with respect to such site, a resolution from th

respect to such site where the text is ident

automatically substituted for the resolution of the 

(e) PROCEDURES APPLICABLE TO THE 

REPRESENTATIVES–

(1) The provisions of this section are enacted by the 

(A) as an exercise of the rulemaking power of 

Representatives, and as such they are deemed a part 

the House, but applicable only with respect to the pr

followed in the House in the case of resolutions of re

approval, and such provisions supersede other rules 

only to the extent that they are inconsistent with suc

and

(B) with full recognition of the constitutional righ

to change the rules (so far as relating to the procedure 

at any time, in the same manner and to the same ex

case of any other rule of the House.

(2) Resolutions of repository siting approval 

introduction be immediately referred by the Speaker of 

the appropriate committee or committees of the Hou

resolution received from the Senate shall be held at the Sp

(3) Upon the expiration of 60 days of continuous se

introduction of the first resolution of repository siting 

respect to any site, each committee to which such r

referred shall be discharged from further considera

resolution, and such resolution shall be referred to th

calendar, unless such resolution or an identical re

previously reported by each committee to which it was r

(4) It shall be in order for the Speaker to recogni

favoring a resolution to call up a resolution of rep

approval after it has been on the appropriate calendar fo

days. When any such resolution is called up, the House 

to its immediate consideration and the Speaker shall 

Member calling up such resolution and a Member op

resolution for 2 hours of debate in the House, to be equal

controlled by such Members. When such time has expired

question shall be considered as ordered on the resolutio

without intervening motion. No amendment to any su

shall be in order, nor shall it be in order to move to recon

by which such resolution is agreed to or disagreed to.

(5) If the House receives from the Senate a resolution 

siting approval with respect to any site, then the follow

shall apply:

(A) The resolution of the Senate with respect to 

not be referred to a committee.

(B) With respect to the resolution of the House w

such site–

(i) the procedure with respect to that or other 

the House with respect to such site shall be the 

resolution from the Senate with respect to such 

received; but

Discharge of 

committee.

Resolution, 

consideration 

and debate.
p

automatically substituted for the resolution of the 

(f) COMPUTATION OF DAYS–For purposes of this se

(1) continuity of session of Congress is broken 

adjournment sine die; and

(2) the days on which either House is not in session 

adjournment of more than 3 days to a day certain are e

computation of the 90-day period referred to in subsecti

60-day period referred to in subsections (d) and (e).

(g) INFORMATION PROVIDED TO CONGRESS–I

any notice of disapproval submitted to the Congress under 

118, the Congress may obtain any comments of the Com

respect to such notice of disapproval. The provision of such 

the Commission shall not be construed as binding the Com

respect to any licensing or authorization action concerning 

involved.

Sec. 116. Participation of States

(a) NOTIFICATION OF STATES AND AFFECTED 

Secretary shall identify the States with one or more potentia

sites for a repository within 90 days after the date of enactme

Within 90 days of such identification, the Secretary sh

Governor, the State legislature, and the tribal council of 

Indian tribe in any State of the potentially acceptable site

State. For the purposes of this title, the term "potentially ac

means any site at which, after geologic studies and field 

before detailed geologic data gathering, the Departme

preliminary drilling and geophysical testing for the defi

location.

(b) STATE PARTICIPATION IN REPOSITOR

DECISIONS–(1) Unless otherwise provided by State law, th

legislature of each State shall have authority to submi

disapproval to the Congress under paragraph (2). In any 

State law provides for submission of any such notice of disap

other person or entity, any reference in this subtitle to the 

legislature of such State shall be considered to refer instead 

person or entity.

(2) Upon the submission by the President to the C

recommendation of a site for a repository, the Governor 

of the State in which such site is located may disapp

designation and submit to the Congress a notice of disa

Governor or legislature may submit such a notice of disa

Congress not later than the 60 days after the date that 

recommends such site to the Congress under section 11

disapproval shall be considered to be submitted to the C

date of the transmittal of such notice of disapproval to t

the House and the President pro tempore of the Senate. 

disapproval shall be accompanied by a statement of reaso

why such Governor or legislature disapproved the 

repository site involved.

(3) The authority of the Governor or legislature of ea

this subsection shall not be applicable with respect to an

on a reservation.

(c) FINANCIAL ASSISTANCE–(1)(A) The Secretar

grants to the State of Nevada and any affected unit of local g

42 USC 10136.

Potentially 

acceptable site.

Notice of 

disapproval, 

submittal to 

Congress.
section 117(c). Any salary or travel expense that would 

incurred by such State or affected unit of local governmen

considered eligible for funding under this paragraph.

(B) The Secretary shall make grants to the State o

any affected unit of local government for purposes of 

State or affected unit of local government–

(i) to review activities taken under this subtitl

to the Yucca Mountain site for purposes of de

potential economic, social, public health and 

environmental impacts of a repository on such Sta

unit of local government and its residents;

(ii) to develop a request for impact ass

paragraph (2);

(iii) to engage in any monitoring, test, 

activities with respect to site characterization p

regard to such site;

(iv) to provide information to Nevada reside

any activities of such State , the Secretary, or th

with respect to such site; and

(v) to request information from, and make c

recommendations to, the Secretary regarding 

taken under this subtitle with respect to such site

(C) Any salary or travel expense that would 

incurred by the State of Nevada or any affected 

government may not be considered eligible for fund

paragraph.

(2)(A)(i) The Secretary shall provide financial 

assistance to the State of Nevada, and any affected 

government requesting such assistance.

(ii) Such assistance shall be designed to mitig

on such State or affected unit of local gover

development of such repository and the characteri

site.

(iii) Such assistance to such State or affected 

government of such State shall commence upon th

site characterization activities.

(B) The State of Nevada and any affected 

government may request assistance under this s

preparing and submitting to the Secretary a report on 

social, public health and safety, and environmental im

likely to result from site characterization activities 

Mountain site. Such report shall be submitted to the S

the Secretary has submitted to the State a general 

characterization activities under section 113(b).

(C) As soon as practicable after the Secretary 

such site characterization plan, the Secretary shall see

a binding agreement with the State of Nevada setting 

(i) the amount of assistance to be provid

subsection to such State or affected unit of loca

and

(ii) the procedures to be followed in pr

assistance.

(3)(A) In addition to financial assistance pro

paragraphs (1) and (2), the Secretary shall grant to the St

Grants.
py, 

activities at such site, and the development and oper

repository, as such State or affected unit of local govern

non-Federal real property and industrial activities occ

such State or affected unit of local government.

(B) Such grants shall continue until such tim

activities, development, and operation are terminate

site.

(4)(A) The State of Nevada or any affected 

government may not receive any grant under paragrap

expiration of the 1 year period following–

(i) the date on which the Secretary notifies the 

legislature of the State of Nevada of the termi

characterization activities at the site in such State

(ii) the date on which the Yucca Mou

disapproved under section 115; or

(iii) the date on which the Commission d

application for a construction authorization for a 

such site; whichever occurs first.

(B) The State of Nevada or any affected 

government may not receive any further assistance un

(2) with respect to a site if repository construction ac

characterization activities at such site are termi

Secretary or if such activities are permanently enj

court.

(C) At the end of the 2-year period beginning on 

date of any license to receive and possess for a reposi

no Federal funds, shall be made available to such St

unit of local government under paragraph (1) or (2), 

(i) such funds as may be necessary to sup

related to any other repository located in, or p

located in, such State, and for which a license t

possess has not been in effect for more than 1 ye

(ii) such funds as may be necessary to 

activities pursuant to agreements or contract

assistance entered into, under paragraph (2), by s

the Secretary during such 2-year period; and

(iii) such funds as may be provided under 

entered into under title IV.

(5) Financial assistance authorized in this subsection 

out of amounts held in the Waste Fund.

(6) No State, other than the State of Nevada, may rec

assistance under this subsection after the date of the ena

Nuclear Waste Policy Amendments Act 1987.5

(d) ADDITIONAL NOTIFICATION AND CONS

Whenever the Secretary is required under any provision 

notify or consult with the governing body of an affected Indi

a site is located, the Secretary shall also notify or consult wi

may be, the Governor of the State in which such reservation 

––––––––

5 Amended by P.L. 100–203, § 5032, 101 Stat. 1330 (1987).
Commission, and other agencies involved in the constructi

or regulation of any aspect of a repository in a State shall 

Governor and legislature of such State, and to the governin

affected Indian tribe, timely and complete informati

determinations or plans made with respect to the site ch

siting, development, design, licensing, construction, operati

or decommissioning of such repository.

(2) Upon written request for such information by th

legislature of such State, or by the governing body o

Indian tribe, as the case may be, the Secretary shall pro

response to such request within 30 days of the receipt of 

Such response shall provide the information request

alternative, the reasons why the information cannot be s

the Secretary fails to so respond within such 30 days, th

legislature of such State, or the governing body of any a

tribe, as the case may be, may transmit a formal writte

such failure to respond to the President. If the Presiden

fails to respond to such written request within 30 days of 

the President of such formal written objection, the S

immediately suspend all activities in such State autho

subtitle, and shall not renew such activities until the 

legislature of such State, or the governing body of any a

tribe, as the case may be, has received the written res

written request required by this subsection.

(b) CONSULTATION AND COOPERATION–In pe

study of an area within a State for the purpose of determining 

of such area for a repository pursuant to section 11

subsequently developing and loading any repository within 

Secretary shall consult and cooperate with the Governor and 

such State and the governing body of any affected Indian tri

to resolve the concerns of such State and any affected 

regarding the public health and safety, environmental, a

impacts of any such repository. In carrying out his duti

subtitle, the Secretary shall take such concerns into ac

maximum extent feasible and as specified in written agree

into under subsection (c).

(c) WRITTEN AGREEMENT–Not later than 60 days 

approval of a site for site characterization for such a rep

section 112(c), or (2) the written request of the State or Indi

affected State notified under section 116(a) to the Secretar

first occurs, the Secretary shall seek to enter into a bi

agreement, and shall begin negotiations, with such Stat

appropriate, to enter into a separate binding agreement with 

body of any affected Indian tribe, setting forth (but not l

procedures under which the requirements of subsections (a

the provisions of such written agreement, shall be carried 

written agreement shall not affect the authority of the Com

existing law. Each such written agreement shall, to the ma

feasible, to completed no later than 6 months after such noti

––––––––

6 Amended by P.L. 104–66, § 1051(i), 109 Stat. 716 (1995), deleting t

from subsection (c): 

Information 

request, 

response.

Report to 

Congress.
, y , y y, , 

recommendations with regard to the possible public hea

environmental, social, and economic impacts of any suc

(2) by which the Secretary shall consider and respond 

and recommendations made by such State or governin

affected Indian tribe, including the period in which the S

so respond;

(3) by which the Secretary and such State or governi

affected Indian tribe may review or modify the agreemen

(4) by which such State or governing body of an a

tribe is to submit an impact report and request for imp

under section 116(c) or section 118(b), as the case may b

(5) by which the Secretary shall assist such State, an

general local government in the vicinity of the repo

resolving the offsite concerns of such State and units of 

government, including, but not limited to, questions of 

arising from accidents, necessary road upgrading and acc

ongoing emergency preparedness and emergency respon

of transportation of high-level radioactive waste and spe

through such State, conduct of baseline health studies of 

neighboring communities near the repository site an

periodic monitoring thereafter, and monitoring of the r

upon any decommissioning and decontamination;

(6) by which the Secretary shall consult and coope

State on a regular, ongoing basis and provide for an o

and timely schedule for State review and evaluati

identification in the agreement of key events, milestones

points in the activities of the Secretary at the potential re

(7) by which the Secretary shall notify such State 

transportation of any high-level radioactive waste and 

fuel into such State for disposal at the repository site;

(8) by which such State may conduct reasonabl

monitoring and testing of activities on the repository si

such monitoring and testing shall not unreasonably int

delay onsite activities;

(9) for sharing, in accordance with applicable law, o

and licensing information, the utilization of available 

facilitating of permit procedures, joint project rev

formation of joint surveillance and monitoring arrangem

out applicable Federal and State laws;

(10) for public notification of the procedures speci

preceding paragraphs; and

(11) for resolving objections of a State and affected I

any stage of the planning, siting, development, construct

or closure of such a facility within such State throug

arbitration, or other appropriate mechanisms.

–––––––– If such written agreement is not completed within such period, the Se

report to the Congress in writing within 30 days on the status of nego

develop such agreement and the reasons why such agreement has not 

Prior to submission of such report to the Congress, the Secretary shal

report to the Governor of such State or the governing body of such af

tribe, as the case may be, for their review and comments. Such comm

included in such report prior to submission to the Congress.

State 

notification.

Transportation 

of radioactive 

waste and spent 

nuclear fuel. 

Monitoring and 

testing.
site for a repository or monitored retrievable storage faci

under this title an opportunity to designate a representative t

site oversight activities at such site. Reasonable expe

representatives shall be paid out of the Waste Fund.

Sec. 118. Participation of Indian Tribes

(a) PARTICIPATION OF INDIAN TRIBES IN R

SITING DECISIONS–Upon the submission by the Pre

Congress of a recommendation of a site for a repository l

reservation of an affected Indian tribe, the governing body 

tribe may disapprove the site designation and submit to th

notice of disapproval. The governing body of such Indian trib

such a notice of disapproval to the Congress not later than th

the date that the President recommends such site to the C

section 114. A notice of disapproval shall be considered to b

the Congress on the date of the transmittal of such notice of 

the Speaker of the House and the President pro tempore of th

notice of disapproval shall be accompanied by a stateme

explaining why the governing body of such Indian tribe di

recommended repository site involved.

(b) FINANCIAL ASSISTANCE–(1) The Secretary sha

to each affected tribe notified under section 116(a) for th

participating in activities required by section 117 or authori

agreement entered into pursuant to section 117(c). Any sa

expense that would ordinarily be incurred by such tribe

considered eligible for funding under this paragraph.

(2) (A) The Secretary shall make grants to each a

tribe where a candidate site for a repository is approved 

112(c). Such grants may be made to each such Indian 

purposes of enabling such Indian tribe–

(i) to review activities taken under this subtitl

to such site for purposes of determining any poten

social, public health and safety, and environmen

such repository on the reservation and its residen

(ii) to develop a request for impact ass

paragraph (2);

(iii) to engage in any monitoring, testing, 

activities with respect to site characterization p

regard to such site;

(iv) to provide information to the residents of 

regarding any activities of such Indian tribe, the 

the Commission with respect to such site; and

(v) to request information from, and make c

recommendations to, the Secretary regarding 

taken under this subtitle with respect to such site

(B) The amount of funds provided to any affecte

under this paragraph in any fiscal year may not excee

of the costs incurred by such Indian tribe with r

activities described in clauses (i) through (v) of subp

Any salary or travel expense that would ordinarily b

such Indian tribe may not be considered eligible for 

this paragraph.

––––––––

7 Added by P.L. 100–203, § 5011, 101 Stat. 1330 (1987).

42 USC 10138.

Notice of 

disapproval, 

submittal to 

Congress.

Grants.
p

authorized construction of a repository. Such assista

designed to mitigate the impact on such Indian tribe of the 

of such repository. Such assistance to such Indian tribe sh

within 6 months following the granting by the Com

construction authorization for such repository and 

initiation of construction activities at such site.

(B) Any affected Indian tribe desiring assistan

paragraph shall prepare and submit to the Secretary a 

economic, social, public health and safety, and 

impacts that are likely as a result of the development 

at a site on the reservation of such Indian tribe. Such 

submitted to the Secretary following the comp

characterization activities at such site and 

recommendation of such site to the President by the 

application for a construction authorization for a r

soon as practicable following the granting of a 

authorization for such repository, the Secretary shal

into a binding agreement with the Indian tribe involve

the amount of assistance to be provided to such Indi

this paragraph and the procedures to be followed in p

assistance.

(4) The Secretary shall grant to each affected Indian 

site for a repository is approved under section 112(c) an 

fiscal year equal to the amount such Indian tribe would r

authorized to tax site characterization activities at such 

development and operation of such repository, as suc

taxes the other commercial activities occurring on suc

Such grants shall continue until such time as all su

development, and operation are terminated at such site.

(5) An affected Indian tribe may not receive any 

paragraph (1) after the expiration of the 1-year period fo

(i) the date on which the Secretary notifies suc

of the termination of site characterization ac

candidate site involved on the reservation of such 

(ii) the date on which such site is disapproved 

115;

(iii) the date on which the Commission d

application for a construction authorization for a 

such site;

(iv) the date of the enactment of the Nuclear 

Amendments Acts of 1987;8 whichever occur

there is another candidate site on the reservation 

tribe that is approved under section 112(c) and w

which the actions described in clauses (i), (ii), and 

been taken.

(B) An affected Indian tribe may not receiv

assistance under paragraph (2) with respect to a sit

construction activities at such site are terminated by 

or if such activities are permanently enjoined by any 

––––––––

8 Amended by P.L. 100–203, § 5033, 101 Stat. 1330 (1987).

Report 

submittal.

Grants, 

limitation.
on the reservation of an affected Indian tribe, no 

shall be made available under paragraph (1) or (2) t

tribe, except for–

(i) such funds as may be necessary to suppo

such Indian tribe related to any other repository w

to receive and possess has not been in effect fo

year; and

(ii) such funds as may be necessary to suppo

such Indian tribe pursuant to agreements or contra

assistance entered into, under paragraph (2), b

tribe with the Secretary during such 2-year perio

(6) Financial assistance authorized in this subsection 

out of amounts held in the Nuclear Waste Fund establis

302.

Sec. 119. Judicial Review of Agency Actions

(a) JURISDICTION OF UNITED STATES COURTS O

(1) Except for review in the Supreme Court of the 

courts of appeals shall have original and exclusive jurisdi

civil action–

(A) for review of any final decision or action of 

the President , or the Commission under this subtitle

(B) alleging the failure of the Secretary, the Pre

Commission to make any decision, or take any ac

under this subtitle;

(C) challenging the constitutionality of any deci

action taken, under any provision of this subtitle; 

(D) for review of any environmental impact state

pursuant to the National Environmental Policy Ac

USC 4321 et seq.) with respect to any action under t

as required under section 135(c) (1), or alleging a fai

such statement with respect to any such action;

(E) for review of any environmental assessment p

section 112(b) (1) or 135(c)(2); or

(F) for review of any research and development 

title II.

(2) The venue of any proceeding under this section 

judicial circuit in which the petitioner involved resid

principle office, or in the United States Court of Ap

District of Columbia.

(c) Deadline For Commencing Action–A civil actio

review described under subsection (a)(1) may be brought no

180th day after the date of the decision or action or failure to 

as the case may be, except that if a party shows that he did n

decision or action complained of (or of the failure to ac

reasonable person acting under the circumstances would no

such party may bring a civil action not later than the 180th 

date such party acquired actual or constructive knowl

decision, action, or failure to act.

Sec. 120. Expedited Authorizations

(a) ISSUANCE OF AUTHORIZATION–(1) To the e

taking of any action related to the site characterization o

construction or initial operation of a repository under this su

a certificate, right-of-way, permit, lease, or other authori

Federal agency or officer, such agency or officer shall issu

42 USC 10139.

42 USC 10140.
gy p

applications or requests for the issuance or grant of any such 

shall be expedited, and any such application or reque

precedence over any similar applications or requests not r

repositories.

(2) The provisions of paragraph (1) shall not 

certificate, right-of-way, permit, lease, or other authoriza

granted by, or requested from, the Commission.

(b) Terms of Authorizations.–Any authorization issu

pursuant to subsection (a) shall include such terms and cond

be required by law, and may include terms and conditions 

law.

Sec. 121. Certain Standards and Criteria

(a) ENVIRONMENTAL PROTECTION AGENCY ST

Not later than 1 year after the date of the enactment of 

Administrator, pursuant to authority under other provisions 

by rule, promulgate generally applicable standards for pro

general environment from offsite releases from radioactiv

repositories.

(b) Commission Requirements and Criteria–(1) (A) N

January 1, 1984, the Commission, pursuant to authority 

provisions of law, shall, by rule promulgate technical requ

criteria that it will apply, under the Atomic Energy Act of 

2011 et seq.) and the Energy Reorganization Act of 1974 (42 

seq.), in approving or disapproving.–

(i) applications for authorization to construct 

(ii) applications for licenses to receive and 

nuclear fuel and high-level radioactive wa

repositories; and

(iii) applications for authorization for 

decommissioning of such repositories.

(B) Such criteria shall provide for the use of 

multiple barriers in the design of the repository and 

such restrictions on the retrievability of the solidif

radioactive waste and spent fuel emplaced in the rep

Commission deems appropriate.

(C) Such requirements and criteria shall not be inc

any comparable standards promulgated by the Admin

subsection (a).

(2) For purposes of this Act, nothing in this sec

constructed to prohibit the Commission from 

requirements and criteria under paragraph (1) before the 

promulgates standards under subsection (a). If the 

promulgates standards under subsection (a) after requ

criteria are promulgated by the Commission under parag

requirements and criteria shall be revised by the C

necessary to comply with paragraph (1) (C).

(c) Environmental Impact Statements–The promulgatio

or criteria in accordance with the provisions of this section sh

the preparation of an environmental impact statement 

102(2)(C) of the National Environmental Policy Act of 1

4332(2)(C)), or to require any environmental review under 

(E) or (F) of section 102(2) of such Act.

42 USC 10141.
constructed on a site approved under this subtitle shall be 

constructed to permit the retrieval of any spent nuclear fuel 

repository, during an appropriate period of operation of the f

reason pertaining to the public health and safety, or the en

for the purpose of permitting the recovery of the economi

contents of such spent fuel. The Secretary shall specify th

period of retrievability with respect to any repository at the 

of such repository, and such aspect of such repository shal

approval or disapproval by the Commission as part of th

authorization process under subsections(b) through (d) of se

Sec. 123. Title to Material

Delivery, and acceptance by the Secretary, of an

radioactive waste or spent nuclear fuel for a repository con

this subtitle shall constitute a transfer to the Secretary of title 

or spent fuel.

Sec. 124. Consideration of Effect of Acquisition of Water 

The Secretary shall give full consideration to whether the 

construction, and operation of a repository may require an

other acquisition of water rights that will have a significant 

on the present or future development of the area in which su

is located. The Secretary shall mitigate any such adverse 

maximum extent practicable.

Sec. 125. Termination of Certain Provisions

Sections 119 and 120 shall cease to have effect at su

repository developed under this subtitle is licensed to receiv

high-level radioactive waste and spent nuclear fuel.

Subtitle B–Interim Storage Program

Sec. 131. Findings and Purposes

(a) FINDINGS–The congress finds that–

(1) the persons owning and operating civilian n

reactors have the primary responsibility for providing in

of spent nuclear fuel from such reactors by maximizing

practical, the effective use of existing storage facilities 

each civilian nuclear power reactor, and by adding new 

capacity in a timely manner where practical;

(2) the Federal Government has the responsibility to 

expedite the effective use of existing storage facilities an

of needed new storage capacity at the site of each ci

power reactor; and

(3) the Federal Government has the responsibility 

accordance with the provisions of this subtitle, not mo

metric tons of capacity for interim storage of spent nu

civilian nuclear power reactors that cannot reason

adequate storage capacity at the sites of such reactors w

assure the continued, orderly operation of such reactors.

(b) Purposes.–The purposes of this subtitle are–

(1) to provide for the utilization of available spen

pools at the site of each civilian nuclear power reactor 

practical and the addition of new spent nuclear fuel sto

where practical at the site of such reactor; and

(2) to provide, in accordance with the provisions of th

the establishment of a federally owned and operated s

42 USC 10143.

42 USC 10144.

42 USC 10145.

42 USC 10151.
py ppy p

nuclear power reactor that cannot reasonably provide a

nuclear fuel storage capacity at the site of such reactor w

Sec. 132. Available Capacity for Interim Storage of Spen

Fuel

The Secretary, the Commission, and other authorized Fe

shall each take such actions as such official considers 

encourage and expedite the effective use of available 

necessary additional storage, at the site of each civilian n

reactor consistent with–

(1) the protection of the public health and sa

environment;

(2) economic considerations;

(3) continued operation of such reactor;

(4) any applicable provisions of law; and

(5) the views of the population surrounding such rea

Sec. 133. Interim at Reactor Storage

The Commission shall, by rule, establish procedures fo

of any technology approved by the Commission under secti

use at the site of any civilian nuclear power reactor. The es

such procedures shall not preclude the licensing, under a

procedures or rules of the Commission in effect p

establishments, of any technology for the storage of civilian 

fuel at the site of any civilian nuclear power reactor.

Sec. 134. Licensing of Facility Expansions and Transship

a) ORAL ARGUMENT–In any Commission hearing 

189 of the Atomic Energy Act of 1954 (42 USC 2239) on 

for a license, or for an amendment to an existing license, 

date of the enactment of this Act, to expand the spent nucle

capacity at the site of a civilian nuclear power reactor, thro

high--density fuel storage racks, fuel rod compaction, the tra

spent nuclear fuel to another civilian nuclear power reactor w

utility system, the construction of additional spent nucl

capacity or dry storage capacity, or by other means, the Com

at the request of any party, provide an opportunity for oral a

respect to any matter which the Commission determi

controversy among the parties. The oral arguments shall pre

discovery procedures as the rules of the Commission shal

Commission shall require each party, including the Comm

submit in written form, at the time of the oral argument, a su

facts, data, and arguments upon which such party proposes t

known at such time to such party. Only facts and data in the 

testimony or written submission may be relied upon by the 

oral arguments. of the material that may be submitted by the 

oral arguments, the Commission shall only consider those 

that are submitted in the form of sworn testimony or written 

(b) ADJUDICATORY HEARING–(1) At the conclusio

argument under subsection (a), the Commission shall 

disputed questions of fact, together with any remaining que

for resolution in an adjudicatory hearing only if it determine

––––––––

9 This should be referring to 218(a). This is a mistake made in the orig

42 USC 10152.

42 USC 10153.

Licensing 

procedures.

42 USC 10154.

Summary 

submittal of 

facts, data and 

arguments.
evidence in an adjudicatory hearing; and

(B) the decision of the Commission is likely to de

or in part on the resolution of such dispute.

(2) In making a determination under this su

Commission–

(A) shall designate in writing the specific fac

genuine and substantial dispute, the reason why the d

agency is likely to depend on the resolution of such 

reason why an adjudicatory hearing is likely to resolv

and

(B) shall not consider–

(i) any issue relating to the design, co

operation of any civilian nuclear power reactor al

to operate at such site, or any civilian nuclear pow

which a construction permit has been granted 

unless the Commission determines that any 

substantially affects the design, construction, or o

facility or activity for which such license 

authorization, or amendment is being considered

(ii) any siting or design issue fully considere

by the Commission in connection with the i

construction permit or operating license for a ci

power reactor at such site, unless (I) such issue re

revision of siting or design criteria by the 

following such decision; and (II) the Commissi

that such issue substantially affects the design, co

operation of the facility or activity for which 

application, authorization, or amendment is being 

(3) The provisions of paragraph (2)(B) shall apply on

to licenses, authorizations, or amendments to 

authorizations, applied for under the Atomic Energy Ac

USC 2011 et seq.) before December 31, 2005.

(4) The provisions of this section shall not appl

application for a license or license amendment rec

Commission to expand onsite spent fuel storage capacity 

a new technology not previously approved for use at any 

plant by the Commission.

(c) Judicial Review.–No court shall hold unlawful o

decision of the Commission in any proceeding described in 

because of a failure by the Commission to use a particu

pursuant to this section unless–

(1) an objection to the procedure used was pre

Commission in a timely fashion or there are 

circumstances that excuse the failure to present a timely 

(2) the court finds that such failure has prec

consideration and informed resolution of a significan

proceeding taken as a whole.

Sec. 135. Storage of Spent Nuclear Fuel

(a) STORAGE CAPACITY–(1) Subject to section 8, 

shall provide, in accordance with paragraph (5), not mo

metric tons of capacity for the storage of spent nuclear fuel 

nuclear power reactors. Such storage capacity shall be pro

any one or more of the following methods, used in any 

determined by the Secretary to be appropriate:

42 USC 10155.
g py 

the Commission determines that such use will adeq

the public health and safety, except that such use sha

(i) render such facilities subject to licensi

Atomic Energy Act of 1954 (42 USC 2011 e

Energy Reorganization Act of 1974 (42 USC 580

(ii) except as provided in subsection (c

preparation of an environmental impact statement 

102(2)(C) of the National Environmental Policy 

(42 USC 4332(2)(C)), such facility is already bein

previously been used, for such storage or fo

purpose.

(B) acquisition of any modular or mobile spen

storage equipment, including spent nuclear fuel stor

provision of such equipment, to any person generat

title to spent nuclear fuel, at the site of any civilian 

reactor operated by such person or at any site owned 

Government on the date of enactment of this Act;

(C) construction of storage capacity at any site 

nuclear power reactor.

(2) Storage capacity authorized by paragraph (1) 

provided at any Federal or non-Federal site within wh

candidate site for a repository. The restriction in the prece

shall only apply until such time as the Secretary dec

candidate site is no longer a candidate site under con

development as a repository.

(3) In selecting methods of providing storage c

paragraph (1), the Secretary shall consider the time

availability of each such method and shall seek to 

transportation of spent nuclear fuel, the public heal

impacts, and the costs of providing such storage capacity

(4) In providing storage capacity through any metho

paragraph (1), the Secretary shall comply with an

requirements for licensing or authorization of such meth

provided in paragraph (1)(A)(i).

(5) The Secretary shall ensure that storage capa

available under paragraph (1) when needed, as determine

of the storage needs specified in contracts entered into 

136(a), and shall accept upon request any spent nuclear f

under such contracts.

(6) For purposes of paragraph (1)(A), the term "facili

building of structure.

(b) CONTRACTS–(1) Subject to the capacity limitation 

subsections (a)(1) and (d), the Secretary shall offer to enter 

enter into contracts under section 136(a) with any person 

owning spent nuclear fuel for purposes of providing storag

such spent fuel under this section only if the Commission de

(A) adequate storage capacity to ensure the con

operation of the civilian nuclear power reactor at wh

nuclear fuel is generated cannot reasonably be pro

person owning and operating such reactor at such site

of any other civilian nuclear power reactor operated b

and such capacity cannot be made available in a t

through any method described in subparagraph (B); 

Facility.
fuel expected to be generated by such person i

including-

(i) expansion of storage facilities at the site o

nuclear power reactor operated by such person;

(ii) construction of new or additional storage f

site of any civilian nuclear power reactor ope

person;

(iii) acquisition of modular or mobile spen

storage equipment, including spent nuclear fuel 

for use at the site of any civilian nuclear power re

by such person; and

(iv) transshipment to another civilian nuclear 

owned by such person.

(2) In making the determination described in paragra

Commission shall ensure maintenance of a full core re

capability at the site of the civilian nuclear power rea

unless the Commission determines that maintenance of s

is not necessary for the continued orderly operation of su

(3) The Commission shall complete the determinatio

paragraph (1) with respect to any request for storage cap

than 6 months after receipt of such request by the Comm

(c) ENVIRONMENTAL REVIEW–(1) The provision o

metric tons of storage capacity at any one Federal site und

(a)(1)(A) shall be considered to be a major Federal ac

preparation of an environmental impact statement under sect

of the National Environmental Policy Act of 1969 (42 USC 

(2) (A) The Secretary shall prepare, and make av

public, an environmental assessment of the probable im

provision of less than 300 metric tons of storage capac

Federal site under subsection (a)(1)(A) that requires the 

or expansion of any facility at the site, and a discussion 

activities that may be undertaken to avoid such i

environmental assessment shall include–

(i) an estimate of the amount of storage capac

available at such site;

(ii) an evaluation as to whether the facilities 

such site are suitable for the provision of such sto

(iii) a description of activities planned by the 

respect to the modification or expansion of the 

used at such site;

(iv) an evaluation of the effects of the prov

storage capacity at such site on the public health a

the environment;

(v) a reasonable comparative evaluation 

information with respect to such site and facili

sites and facilities available for the provision o

capacity;

(vi) a description of any other sites and facil

been considered by the Secretary for the prov

storage capacity; and

(vii) an assessment of the regional and loc

providing such storage capacity at such site, 

impacts on transportation.

Public 

availability.
jp

title 5, United States Code. Such judicial review shal

the sufficiency of such assessment with respect 

described in clauses (i) through (vii) of subparagraph 

(3) Judicial review of any environmental impact 

environmental assessment prepared pursuant to this subs

conducted in accordance with the provisions of section 

(d) REVIEW OF SITES AND STATE PARTICIPA

carrying out the provisions of this subtitle with regard t

storage of spent fuel from civilian nuclear power reacto

Secretary is authorized by section 135 to provide, the Secr

soon as practicable, notify, in writing, the Governor a

legislature of any State and the Tribal Council of any affecte

in such State in which is located a potentially acceptable site 

such interim storage of spent fuel of his intention to investig

facility.

(2) During the course of investigation of such site 

Secretary shall keep the Governor, State legislature, and a

Council currently informed of the progress of the work, 

the investigation. At the time of selection by the Secreta

or existing facility, but prior to undertaking any site-sp

alterations, the Secretary shall promptly notify the G

legislature, and any affected Tribal Council in writing of 

and subject to the provisions of paragraph (6) of this sub

promptly enter into negotiations with such State and a

Council to establish a cooperative agreement under wh

and Council shall have the right to participate in 

consultation and cooperation, based on public health a

environmental concerns, in all stages of the planning, 

modification, expansion, operation, and closure of stora

a site or facility within such State for the interim storag

from civilian nuclear power reactors. Public partici

negotiation of such an agreement shall be provided for an

by the Secretary, the State, and the affected Tribal 

Secretary in cooperation with the State and Indian tribes

and publish minimum guideline for public participa

negotiations, but the adequacy of such guidelines or 

comply with such guidelines shall not be a basis for judi

(3) The cooperative agreement shall include, but 

limited to, the sharing in accordance with applicab

technical and licensing information, the utilization 

expertise, the facilitating of permitting procedures, 

review, and the formulation of joint surveillance an

arrangements to carry out applicable Federal and St

cooperative agreement also shall include a detailed plan 

milestones, decision points and opportunities for Sta

Tribal Council review and objection. Such cooperative ag

provide procedures for negotiating and resolving obj

State and affected Tribal Council in any stage 

development, modification, expansion, operation, or clos

capacity at a site or facility within such State. The 

cooperative agreement shall not affect the authority o

Regulatory Commission under existing law.

Investigation.

Cooperative 

agreement.

Guidelines.
the State and eligible Tribal Council fully and currently in

the aspects of the project related to any potential impact 

health and safety and environment; (B) solicits, receives, 

concerns and objections of such State and Council with 

aspects of the project on an ongoing basis; and (C) works 

cooperatively to resolve, through arbitration or othe

mechanisms, such concerns and objections. The process o

and cooperation shall not include the grant of a right to 

Tribal Council to exercise an absolute veto of any 

planning, development, modification, expansion, or op

project. 

(5) The Secretary and the State and affected Tribal 

seek to conclude the agreement required by paragraph 

practicable, but not later than 180 days following 

notification of the selection under paragraph (2).The S

periodically report to the Congress thereafter on the 

agreements approved under paragraph (3). Any report to 

on the status of negotiations of such agreement by the S

be accompanied by comments solicited by the Secretary 

and eligible Tribal Council.

(6) (A) Upon deciding to provide an aggregate of 

metric tons of storage capacity under subsection (a)(1) a

the Secretary shall notify the Governor and legislatur

where such site is located, or the governing body of the 

whose reservation such site is located, as the case ma

decision. During the 60-day period following receipt of n

the Secretary of his decision to provide an aggregate o

metric tons of storage capacity at any one site, the 

legislature of the State in which such site is located, or 

body of the affected Indian tribe where such site is locat

may be, may disapprove the provision of 300 or more 

storage capacity at the site involved and submit to th

notice of such disapproval. A notice of disapproval shall 

to be submitted to the Congress on the date of the trans

notice of disapproval to the Speaker of the House and

(B) Unless otherwise provided by State law, the 

legislature of each State shall have authority to subm

disapproval to the Congress under subparagraph (A). 

which State law provides for submission of any s

disapproval by any other person or entity, any ref

subtitle to the Governor or legislature of such S

considered to refer instead to such other person or en

(C) The authority of the Governor and legislature 

under this paragraph shall not be applicable with resp

located on a reservation.

(D) If any notice of disapproval is submitted to 

under subparagraph (A), the proposed provision of 

metric tons of storage capacity at the site invo

disapproved unless, during the first period of 90 cal

continuous session of the Congress following the date 

by the Congress of such notice of disapproval, the Co

a resolution approving such proposed provision of sto

in accordance with the procedures established in this 

subsections (d) through (f) of section 115 and su

and 

cooperation.

Report to 

Congress.

Notice of 

disapproval, 

submittal to 

Congress.

Resolution.
g, g 

follows: That there hereby is approved the provision o

metric tons of spent nuclear fuel storage capacity at t

at , with respect to whi

disapproval was submitted by___

_________________. The first blank space in such r

be filled with the geographic location of the site 

second blank space in such resolution shall be f

designation of the State Governor and legislature or a

tribe governing body submitting the notice of disappr

and the last blank space in such resolution shall be 

date of submission of such notice of disapproval.

(E) For purposes of the consideration of a

described in subparagraph (D), each reference in s

and (e) of section 115 to a resolution of repository s

shall be considered to refer to the resolution desc

subparagraph.

(7) As used in this section, the term "affected Tr

means the governing body of any Indian tribe within who

boundaries there is located a potentially acceptable si

storage capacity of spent nuclear fuel from civilian n

reactors, or within whose boundaries a site for such capac

by the Secretary, or whose federally defined possessory o

to other lands outside of the reservation’s boundaries 

congressionally ratified treaties, as determined by the Se

Interior pursuant to a petition filed with him by th

governmental officials of such tribe, may be sub

adversely affected by the establishment of any such stor

(e) LIMITATIONS–Any spent nuclear fuel stored und

shall be removed from the storage site or facility involv

practicable, but in any event not later than 3 years followin

which a repository or monitored retrievable storage facil

under this Act is available for disposal of such spent nuclea

(f) REPORT.–The Secretary shall annually prepare and 

Congress a report on any plans of the Secretary for prov

capacity under this section. Such report shall include a des

specific manner of providing such storage selected by the Se

The Secretary shall prepare and submit the first such report 

1 year after the date of the enactment of this Act.

(g) CRITERIA FOR DETERMINING ADEQ

AVAILABLE STORAGE CAPACITY–Not later than 90 

date of the enactment of this Act, the Commission pursuant 

of the Administrative Procedures Act, shall propose, by ru

and criteria for making the determination required by subsec

person owning and operating a civilian nuclear power r

reasonably provide adequate spent nuclear fuel storage c

civilian nuclear power reactor site when needed to ensure 

orderly operation of such reactor. Such criteria shal

maintenance of a full core reserve storage capability at th

reactor unless the Commission determines that mainten

capability is not necessary for the continued orderly oper

reactor. Such criteria shall identify the feasibility of reasona

such adequate spent nuclear fuel storage capacity, taking 

economic, technical, regulatory, and public health and s

Affected Tribal 

Council.

5 USC 553.
reactor within the same utility system, construction of ad

nuclear fuel pool capacity, or such other technologies as ma

by the Commission.

(h) APPLICATION–Notwithstanding any other prov

nothing in this Act shall be construed to encourage, author

the private or Federal use, purchase, lease, or other acqu

storage facility located away from the site of any civilian n

reactor and not owned by the Federal Government on th

enactment of this Act.

(i) COORDINATION WITH RESEARCH AND DEV

PROGRAM–To the extent available, and consistent with the 

this section, the Secretary shall provide spent nuclear fuel fo

and development program authorized in section 217 from 

fuel received by the Secretary for storage under this sectio

nuclear fuel shall not be subject to the provisions of subsect

Sec. 136. Interim Storage Fund

(a) CONTRACTS–

(1) During the period following the date of the ena

Act, but not later than January 1, 1990, the Secretary is 

enter into contracts with persons who generate or own 

fuel resulting from civilian nuclear activities for the st

spent nuclear fuel in any storage capacity provided unde

Provided, however, That the Secretary shall not enter int

spent nuclear fuel in amounts in excess of the ava

capacity specified in section 135(a). Those contracts sha

the Federal Government will (1) take title at the civilian 

reactor site, to such amounts of spent nuclear fuel fro

nuclear power reactor as the Commission determines ca

onsite, (2) transport the spent nuclear fuel to a federal

operated interim away-from-reactor storage facility, and 

fuel in the facility pending further processing, storage

Each such contract shall (A) provide for payment to th

fees determined in accordance with the provisions of th

(B) specify the amount of storage capacity to be provided 

involved.

(2) The Secretary shall undertake a study and, not 

days after the date of the enactment of this Act, submit to 

a report, establishing payment charges that shall be cal

annual basis, commencing on or before January 1, 1984. 

charges and the calculation thereof shall be published 

Register, and shall become effective not less than 

publication. Each payment charge published in the Fe

under this paragraph shall remain effective for a period 

from the effective date as the charge for the cost of the i

of any spent nuclear fuel. The report of the Secretary sh

method and manner of collection (including the rates a

payment) and any legislative recommendations deter

Secretary to be appropriate.

(3) Fees for storage under this subtitle shall be est

nondiscriminatory basis. The fees to be paid by each p

into a contract with the Secretary under this subsection 

upon an estimate of the pro rata costs of storage and rel

under this subtitle with respect to such person, 

42 USC 10156.

Study; report to 

Congress.

Publication in 

Federal 

Register.

Fees.
() y g 

terms and conditions under which such storage services 

available.

(5) Except as provided in section 137, nothing in thi

Act requires the Secretary, in carrying out the responsi

section, to obtain a license or permit to possess or own 

fuel.

(b) LIMITATION–No spent nuclear fuel generated or 

department of the United States referred to in section 101 or 

United States Code, may be stored by the Secretary in any st

provided under this subtitle unless such department tra

Secretary, for deposit in the Interim Storage Fund, amounts 

the fees that would be paid to the Secretary under the contra

in this section if such spent nuclear fuel were generated 

person.

(c) ESTABLISHMENT OF INTERIM STORAGE 

hereby is established in the Treasury of the United States a 

to be known as the Interim Storage Fund. The Storage Fun

of–

(1) all receipts, proceeds, and recoveries realized by 

under subsections (a), (b), and (e), which shall be de

Storage Fund immediately upon their realization;

(2) any appropriations made by the Congress to the 

and

(3) any unexpended balances available on the date of 

of this Act for functions or activities necessary or in

interim storage of civilian spent nuclear fuel, which shall 

be transferred to the Storage Fund on such date.

(d) USE OF STORAGE FUND–The Secretary may mak

from the Storage Fund, subject to subsection (e), for any purp

or appropriate to the conduct of the functions and act

Secretary, or the provision or anticipated provision of servi

subtitle, including–

(1) the identification, development, licensing, 

operation, decommissioning, and post-decommissioning 

and monitoring of any interim storage facility provid

subtitle;

(2) the administrative cost of the interim storage pro

(3) the costs associated with acquisition, design, 

replacement, operation, and construction of facilities 

storage site, consistent with the restrictions in section 13

(4) the cost of transportation of spent nuclear fuel; an

(5) impact assistance as described in subsection (e).

(e) IMPACT ASSISTANCE–(1) Beginning the first fisc

commences after the date of the enactment of this Act, the S

make annual impact assistance payments to a State or appr

local government, or both, in order to mitigate social or econ

occasioned by the establishment and subsequent operation 

storage capacity within the jurisdictional boundaries of suc

or governments and authorized under this subtitle: Provi

That such impact assistance payments shall not exceed (A) 

of the costs incurred in paragraphs (1) and (2), or (B) $15 p

spent fuel, whichever is less:

Payments.
(A) allocated in a fair and equitable manner wit

those States or units of local government suffering th

impacts; and

(B) utilized by States or units of local governmen

planning, (ii) construction and maintenance of public 

provision of public services related to the providing o

storage authorized under this title, and (iv) compen

of taxable property equivalent to that if the stor

provided under private ownership.

(3) Such payments shall be subject to such terms and 

the Secretary determines necessary to ensure that the pu

subsection shall be achieved. The Secretary shall issue su

as may be necessary to carry out the provisions of this su

(4) Payments under this subsection shall be made av

from the fees determined under subsection (a).

(5) The Secretary is authorized to consult wit

appropriate units of local government in advance of com

establishment of storage capacity authorized under this 

effort to determine the level of the payment such governm

eligible to receive pursuant to this subsection.

(6) As used in this subsection, the term "unit of loca

means a county, parish, township, municipality, and s

borough existing in the State of Alaska on the date of the 

this subsection, and any other unit of government below 

which is a unit of general government as determined by 

(f) ADMINISTRATION OF STORAGE FUND–(1) Th

the Treasury shall hold the Storage Fund and, after consult

Secretary, annually report to the Congress on the financial 

operations of the Storage Fund during the preceding fiscal y

(2) The Secretary shall submit the budget of the St

the Office of Management and Budget triennially al

budget of the Department of Energy submitted at 

accordance with chapter 11 of title 31, United States Cod

of the Storage Fund shall consist of estimates made by th

expenditures from the Storage Fund and other relev

matters for the succeeding 3 fiscal years, and shall be i

Budget of the United States Government. The Secreta

expenditures from the Storage Fund, subject to approp

shall remain available until expended. Appropriations sh

to triennial authorization.

(3) If the Secretary determines that the Storage Fun

any time amounts in excess of current needs, the Secretar

the Secretary of the Treasury to invest such amounts, or 

such amounts as the Secretary determines to be a

obligations of the United States–

(A) having maturities determined by the Sec

Treasury to be appropriate to the needs of the Storag

(B) bearing interest at rates determined to be appr

Secretary of the Treasury, taking into consideratio

average market yield on outstanding marketable obl

United States with remaining periods to maturity com

maturities of such investments, except that the intere

investments shall not exceed the average interest rate 

existing borrowings.

Regulations.

Unit of local 

government.

Report to 

Congress.

Budget 

submittal.
ppp

subchapter II of chapter 15 of title 31, United States Cod

(5) If at any time the moneys available in the Stor

insufficient to enable the Secretary to discharge his r

under this subtitle, the Secretary shall issue to the Se

Treasury obligations in such forms and denominations

maturities, and subject to such terms and conditions as m

to by the Secretary and the Secretary of the Treasury. Th

obligations shall not exceed amounts provided in appro

Redemption of such obligations shall be made by the S

moneys available in the Storage Fund. Such obligatio

interest at a rate determined by the Secretary of the Tr

shall be not less than a rate determined by taking into con

average market yield on outstanding marketable oblig

United States of comparable maturities during the month 

issuance of the obligations under this paragraph. The Se

Treasury shall purchase any issued obligations, and for 

the Secretary of the Treasury is authorized to use as 

transaction the proceeds from the sale of any securities 

chapter 31 of title 31, United States Code, and the purpo

securities may be issued under such Act are extended t

purchase of such obligations. The Secretary of the Treasu

time sell any of the obligations acquired by him under t

All redemptions, purchases, and sales by the Secretary o

of obligations under this paragraph shall be treated a

transactions of the United States.

(6) Any appropriations made available to the Storage 

purpose described in subsection (d) shall be repaid into th

of the Treasury, together with interest from the date of 

the appropriations until the date of repayment. Such in

paid on the cumulative amount of appropriations av

Storage Fund, less the average undisbursed cash balance 

Fund account during the fiscal year involved. The rate o

shall be determined by the Secretary of the Treasur

consideration the average market yield during the mo

each fiscal year on outstanding marketable obligations 

States of comparable maturity. Interest payments may be 

the approval of the Secretary of the Treasury, but any inte

so deferred shall themselves bear interest.

Sec. 137. Transportation

(a) TRANSPORTATION–(1) Transportation of spent 

under section 136(a) shall be subject to licensing and reg

Commission and by the Secretary of Transportation as 

transportation of commercial spent nuclear fuel under existi

(2) The Secretary, in providing for the transporta

nuclear fuel under this Act, shall utilize by contract priv

the fullest extent possible in each aspect of such transp

Secretary shall use direct Federal services for such trans

upon a determination of the Secretary of Trans

consultation with the Secretary, that private industry 

unwilling to provide such transportation services at reas

Interest 

payments.

Deferral.

42 USC 10157.
Sec. 141. Monitored Retrievable Storage

(a) FINDINGS–The Congress finds that–

(1) long-term storage of high-level radioactive w

nuclear fuel in monitored retrievable storage facilities is 

providing safe and reliable management of such waste o

(2) the executive branch and the Congress shoul

expeditiously as possible to consider fully a proposal fo

of one or more monitored retrievable storage facilities to 

long-term storage;

(3) the Federal Government has the responsibility 

site-specific designs for such facilities are available as p

section;

(4) the generators and owners of the high-level rad

and spent nuclear fuel to be stored in such facili

responsibility to pay the costs of the long-term storage 

and spent fuel; and

(5) disposal of high-level radioactive waste and spen

in a repository developed under this Act should proceed 

any construction of a monitored retrievable storage facil

this section.

(b) SUBMISSION OF PROPOSAL BY SECRETAR

before June 1, 1985, the Secretary shall complete a detaile

need for and feasibility of, and shall submit to the Congress 

the construction of one or more monitored retrievable storag

high-level radioactive waste and spent nuclear fuel. Each suc

be designed–

(A) to accommodate spent nuclear fuel an

radioactive waste resulting from civilian nuclear acti

(B) to permit continuous monitoring, mana

maintenance of such spent fuel and waste for the fore

(C) to provide for the ready retrieval of such s

waste for further processing or disposal; and

(D) to safely store such spent fuel and waste as l

necessary by maintaining such facility through appro

including any required replacement of such facility.

(2) Such proposal shall include–

(A) the establishment of a Federal program f

development, construction, and operation of facilit

safely storing high-level radioactive waste and spen

which facilities are to be licensed by the Commissio

(B) a plan for the funding of the construction an

such facilities, which plan shall provide that the 

activities shall be borne by the generators and owne

level radioactive waste and spent nuclear fuel to be 

facilities;

(C) site-specific designs, specifications, and c

sufficient to (i) solicit bids for the construction of 

facility; (ii) support congressional authorization of th

of such facility; and (iii) enable completion and ope

facility as soon as practicable following 

authorization of such facility; and

(D) a plan for integrating facilities constructed p

section with other storage and disposal facilities auth

Act.

42 USC 10161.
ppg

is submitted.

(4) The proposal shall include, for the first such fac

alternative sites and at least 5 alternative combinat

proposed sites and facility designs consistent with t

paragraph (b)(1). The Secretary shall recommend the 

among the alternatives that the Secretary deems pr

environmental assessment under subsection (c) shall 

analysis of the relative advantages and disadvantages 

alternative combinations of proposed sites and prop

designs. 

(c) ENVIRONMENTAL IMPACT STATEMENTS–(1

and submission to the Congress of the proposal required 

shall not require the preparation of an environmental imp

under section 102(2)(C) of the National Environmental Polic

(42 USC 4332(2)(C)). The Secretary shall prepare, in ac

regulations issued by the Secretary implementing s

environmental assessment with respect to such pr

environmental assessment shall be based upon availabl

regarding alternative technologies for the storage of spent nu

high-level radioactive waste. The Secretary shall 

environmental assessment to the Congress at the time suc

submitted.

(2) If the Congress by law, after review of the propo

by the Secretary under subsection (b), specifical

construction of a monitored retrievable storage 

requirements of the National Environmental Policy Ac

USC 4321 et seq.) shall apply with respect to constru

facility, except that any environmental impact statement 

respect to such facility shall not be required to conside

such facility or any alternative to the design criteria for su

forth in subsection (b) (1).

(d) LICENSING–Any facility authorized pursuant to thi

be subject to licensing under section 202(3)) of the Energy R

Act of 1974 (42 USC 5842(3). In reviewing the applicatio

Secretary for licensing of the first such facility, the Commi

consider the need for such facility or any alternative to the 

for such facility set forth in subsection (b) (1).

(e) CLARIFICATION–Nothing in this section limits the 

of alternative facility designs consistent with the criteria 

(b)(1) in any environmental impact statement, or in 

procedure of the Commission, with respect to any monitor

facility authorized pursuant to this section.

(f) IMPACT ASSISTANCE–(1) Upon receipt by the 

congressional authorization to construct a facility described 

(b), the Secretary shall commence making annual impact ai

appropriate units of general local government in order to 

social or economic impacts resulting from the construction a

operation of any such facility within the jurisdictional boun

such unit.

(2) payments made available to units of general loc

under this subsection shall be–

Environmental 

assessment.

Submittal to 

Congress.

Payments.
be most severely affected; and

(B) utilized by units of general local governm

planning, construction, maintenance, and provisi

services related to the siting of such facility.

(3) Such payments shall be subject to such terms and 

the Secretary determines are necessary to ensure achie

purposes of this subsection. The Secretary shall issue su

as may be necessary to carry out the provisions of this su

(4) Such payments shall be made available entirely fr

in the Nuclear Waste Fund established in section 302 (c

available only to the extent provided in advance in appro

(5) The Secretary may consult with appropriate un

local government in advance of commencement of const

such facility in an effort to determine the level of payme

unit is eligible to receive under this subsection.

(g) LIMITATION–No monitored retrievable sto

development pursuant to this section may be constructed i

which there is located any site approved for site characte

section 112. The restriction in the preceding sentence shall o

such time as the Secretary decides that such candidate site 

candidate site under consideration for development as a rep

restriction shall continue to apply to any site selected for co

repository.

(h) PARTICIPATION OF STATES AND INDIAN 

facility authorized pursuant to this section shall be subject to 

of sections 115, 116(a), 116(b), 116(d), 117, and 118. Fo

carrying out the provisions of this subsection, any referen

115 through 118 to a repository shall be considered to refer t

retrievable storage facility.

Sec. 142. Authorization of Monitored Retrievable Storag

(a) NULLIFICATION OF OAK RIDGE SITTING PRO

proposal the Secretary (EC-1022, 100th Congress) to locat

retrievable storage facility at a site on the Clinch River 

County portion of Oak Ridge, Tennessee, with alternative si

Ridge Reservation of the Department of Energy and on the 

a proposed nuclear power plant in Hartsville, Tennessee, is 

revoked. In carrying out the provisions of sections 144 

Secretary shall make no presumption or preference to such s

of their previous selection.

(b) Authorization.–The Secretary is authorized to site, 

operate one monitored retrievable storage facility subject to 

described in sections 143 through 149.10

Sec. 143. Monitored Retrievable Storage Commission

(a) ESTABLISHMENT–(1) (A) There is established 

Retrievable Storage Review Commission (hereinafter in 

referred to as the "MRS Commission"), that shall consist 

who shall be appointed by and serve at the pleasure of the 

tempore of the Senate and the Speaker of the House of Repr

(B)75 Members of the MRS Commission shall be 

later than 30 days after the date of the enactment o

Waste Policy Amendments Act of 1987 from among 

––––––––

10 Sections 142 through 149 added by P.L. 100–203, Title V, § 5021, 1

232 (1987).

Regulations.

Consultations.

42 USC 10162.

42 USC 10163.
gy p

system.

(C) The MRS Commission shall prepare a repo

for a monitored retrievable storage facility as a par

nuclear waste management system that achieves th

this Act. In preparing the report under this subparagr

Commission shall–

(i) review the status and adequacy of th

evaluation of the systems advantages and dis

bringing such a facility into the national nuclear w

system;

(ii) obtain comment and available data 

retrievable storage from affected parties, inc

containing potentially acceptable sites;

(iii) evaluate the utility of a monitored retrie

facility from a technical perspective; and

(iv) make a recommendation to Congress as to 

a facility should be included in the national 

management system in order to achieve the pu

Act, including meeting needs for packaging an

spent nuclear fuel, improving the flexibility of 

development schedule, and providing tempora

spent nuclear fuel accepted for disposal.

(2) In preparing the report and making its recomme

paragraph (1) the MRS Commission shall compare suc

the alternative of at-reactor storage of spent nuclear 

disposal of such fuel in a repository under this Act. Suc

shall take into consideration the impact on–

(A) repository design and construction;

(B) waste package design, fabrication and standa

(C) waste preparation;

(D) waste transportation systems;

(E) the reliability of the national system for th

radioactive waste;

(F) the ability of the Secretary to fulfil

commitments of the Department under this Act to 

nuclear fuel for disposal; and

(G) economic factors, including the impact on th

to be imposed on ratepayers of the Nation’s electr

temporary at-reactor storage of spent nuclear fuel 

disposal in a repository, as well as the costs likely to b

ratepayers of the Nation’s electric utilities in building 

such a facility. 

(3)11 The report under this subsection, togeth

recommendation of the MRS Commission, shall be 

Congress on November 1, 1989.

(4) (A) (i) Each member of the MRS Commission s

the rate provided for level III of the Executive Schedul

(including travel time) such member is engaged in the wo

Commission, and shall receive travel expenses, includin

––––––––

11 Added by P.L. 100–203, Title V, § 5021, 101 Stat. 1330–232 (1987)

§ 2, 102 Stat. 2541 (1988), extended the report deadline from June 1, 

November 1, 1989.

Reports.

Reports.
(ii) The MRS Commission may appo

compensation, not to exceed the rate of basic pa

GS-18 of the General Schedule, for such sta

necessary to carry out its functions.

(B) (i) The MRS Commission may hold hearings

such times and places, take such testimony and 

evidence as the MRS Commission considers app

member of the MRS Commission may admini

affirmations to witnesses appearing before the MRS 

(ii) The MRS Commission may request a

agency, including the Department, to furnish such 

information, including records, data, files, or doc

Commission considers necessary to carry out 

Unless prohibited by law, such agency shall pro

such assistance or information.

(iii) To the extent permitted by law, the Ad

the General Services Administration shall, upon 

MRS Commission, provide the MRS Com

necessary administrative services, facilities, and 

reimbursable basis.

(iv) The MRS Commission may procure t

intermittent services from experts and consultan

extent as is authorized by section 3109(b) of t

States Code, at rates and under such rules 

Commission considers reasonable.

(C) The MRS Commission shall cease to exist 60 

submission to Congress of the report require

subsection.

Sec. 144. Survey

After the MRS Commission submits its report to the C

section 143, the Secretary may conduct a survey and 

potentially suitable sites for a monitored retrievable stora

conducting such survey and evaluation, the Secretary shal

extent to which siting a monitored retrievable storage facili

surveyed would–

(1) enhance the reliability and flexibility of the s

disposal of spent nuclear fuel and high-level radio

established under this Act;

(2) minimize the impacts of transportation and han

fuel and waste;

(3) provide for public confidence in the ability of s

safely dispose of the fuel and waste;

(4) impose minimal adverse effects on the local comm

local environment;

(5) provide a high probability that the facility will m

environmental, health, and safety requirements in a time

(6) provide such other benefits to the system for th

spent nuclear fuel and high-level radioactive waste as 

deems appropriate; and

(7) unduly burden a State in which significant volu

level radioactive waste resulting from atomic energy def

are stored.

42 USC 10164.
y 

information to be the most suitable for a monitored retrie

facility that is an integral part of the system for the disp

nuclear fuel and high-level radioactive waste established un

(b) LIMITATION–The Secretary may not select 

subsection (a) until the Secretary recommends to the 

approval of a site for development as a repository under sec

(c) SITE SPECIFIC ACTIVITIES–The Secretary may 

site specific activities at each site surveyed under secti

determines may be necessary to support an application to th

for a license to construct a monitored retrievable storage f

site.

(d) ENVIRONMENTAL ASSESSMENT–Site specific 

selection of a site under this section shall not require the pre

environmental impact statement under section 102(2)(C) o

Environmental Policy Act of 1969 (42 USC 4332(2)(C)). 

shall prepare an environmental assessment with respect to 

in accordance with regulations issued by the Secretary imple

Act. Such environmental assessment shall be based u

information regarding alternative technologies for the sto

nuclear fuel and high-level radioactive waste. The Secretar

such environmental assessment to the Congress at the tim

selected.

(e) NOTIFICATION BEFORE SELECTION–(1) At l

before selecting a site under subsection (a), the Secretary s

Governor and legislature of the State in which such site is 

governing body of the affected Indian tribe where such site 

the case may be, of such potential selection and the basis for s

(2) Before selecting any site under subsection (a), 

shall hold at least one public hearing in the vicinity o

solicit any recommendations of interested parties with re

raised by the selection of such site.

(f) NOTIFICATION OF SELECTION–The Secretary s

notify Congress and the appropriate State or Indian tribe o

under subsection (a).

(g) LIMITATION–No monitored retrievable sto

authorized pursuant to section 142 (b) may be constructed 

Nevada.

Sec. 146. Notice of Disapproval

(a) IN GENERAL–The selection of a site under section 

effective at the end of the period of 60 calendar days beginni

of notification under such subsection, unless the governin

Indian tribe on whose reservation such site is located, or, if 

on a reservation, the Governor and the legislature of the Stat

site is located, has submitted to Congress a notice of dis

respect to such site. If any such notice of disapproval has b

under this subsection, the selection of the site under section 

be effective except as provided under section 115(c).

(b) REFERENCES.–For purposes of carrying out the pro

subsection, references in section 115(c) to a repository shall 

to refer to a monitored retrievable storage facility and referen

of disapproval of a repository site designation under sect

118(a) shall be considered to refer to a notice of disappro

section.

42 USC 10166.
made by the Secretary under section 145, the Indian tr

reservation the site is located, or, in the case that the site is 

a reservation, the State in which the site is located, shall be e

into a benefits agreement with the Secretary under section 1

Sec. 148. Construction Authorization

(a) ENVIRONMENTAL IMPACT STATEMENT–(

selection of a site is effective under section 146, the requir

National Environmental Policy Act of 1969 (42 USC 4321 

apply with respect to construction of a monitored retrie

facility, except that any environmental impact statement 

respect to such facility shall not be required to consider the 

facility or any alternative to the design criteria for such facil

section 141 (b) (1).

(2) Nothing in this section shall be construed 

consideration of alternative facility designs consistent w

described in section 141(b)(1) in any environmental imp

or in any licensing procedure of the Commission, with 

monitored retrievable storage facility authorized under s

(b) APPLICATION FOR CONSTRUCTION LICEN

selection of a site for a monitored retrievable storage facili

under section 146, the Secretary may submit an appli

Commission for a license to construct such a facility 

integrated nuclear waste management system and in accord

provisions of this section and applicable agreements un

affecting such facility.

(c) LICENSING–Any monitored retrievable storage faci

pursuant to section 142(b) shall be subject to licensing 

202(3) of the Energy Reorganization Act of 1974 (42 USC 

reviewing the application filed by the Secretary for lice

facility, the Commission may not consider the need for such 

alternative to the design criteria for such facility set fo

141(b)(1).

(d) LICENSING CONDITIONS–Any license iss

Commission for a monitored retrievable storage facility und

shall provide that–

(1) construction of such facility may not beg

Commission has issued a license for the construction o

under section 115(d);

(2) construction of such facility or acceptance of spe

or high-level radioactive waste shall be prohibited durin

the repository license is revoked by the Commission or c

the repository ceases;

(3) the quantity of spent nuclear fuel or high-level rad

at the site of such facility at any one time may not exceed 

tons of heavy metal until a repository under this Act first 

nuclear fuel or solidified high-level radioactive waste; a

(4) the quantity of spent nuclear fuel or high-level rad

at the site of the facility at any one time may not exceed 

tons of heavy metal.

Sec. 149. Financial Assistance

The provisions of section 116(c) or 118(b) with resp

technical assistance, and other financial assistance shall app

to affected Indian tribes and to affected units of local gove

42 USC 10168.

42 USC 10169.
Subtitle D–Low-Level Radioactive Waste

Sec. 151. Financial Arrangements for Low-Level Radioa

Site Closure

(a) FINANCIAL ARRANGEMENTS–(1) The Com

establish by rule, regulation, or order, after public n

accordance with section 181 of the Atomic Energy Act of 

2231), such standards and instructions as the Commissio

necessary or desirable to ensure in the case of each license f

of low-level radioactive waste that an adequate bond, su

financial arrangement (as determined by the Commission) w

by a licensee to permit completion of all requirements esta

Commission for the decontamination, decommissioning, sit

reclamation of sites, structures, and equipment used in con

such low-level radioactive waste. Such financial arrangem

provided and approved by the Commission, or, in the case 

the boundaries of any agreement State under section 274 

Energy Act of 1954 (42 USC 2021), by the appropriate 

entity, prior to issuance of licenses for low-level radioactive 

or, in the case of licenses in effect on the date of the enactme

prior to termination of such licenses.

(2) If the Commission determines that any long-term 

or monitoring, or both, will be necessary at a site 

paragraph (1), the Commission shall ensure before term

license involved that the licensee has made available 

surety, or other financial arrangements as may be neces

that any necessary long-term maintenance or monitori

such site will be carried out by the person having title an

such site following license termination.

(b) TITLE AND CUSTODY–(1) The Secretary shall hav

assume title and custody of low-level radioactive waste an

which such waste is disposed of, upon request of the owner 

and land and following termination of the license is

Commission for such disposal, if the Commission determin

(A) the requirements of the Commission for 

decommissioning, and decontamination have been 

licensee involved and that such licensee is in compl

provisions of subsection (a);

(B) such title and custody will be transferred to 

without cost to the Federal Government; and

(C) Federal ownership and management of 

necessary or desirable in order to protect the pub

safety, and the environment.

(2) If the Secretary assumes title and custody of any s

land under this subsection, the Secretary shall maintain s

land in a manner that will protect the public health and s

environment.

(c) SPECIAL SITES–If the low-level radioactive waste i

result of a licensed activity to recover zirconium, hafnium, a

from source material, the Secretary, upon request of the ow

involved, shall assume title and custody of such waste an

which it is disposed when such site has been decontaminated 

in accordance with the requirements established by the Co

42 USC 10171.
site.

Subtitle E–Redirection of the Nuclear Waste Prog

Sec. 160. Selection of Yucca Mountain Site

(a) IN GENERAL–(1) The Secretary shall provide f

phase-out of site specific activities at all candidate sites o

Yucca Mountain site.

(2) The Secretary shall terminate all site specific ac

than reclamation activities) at all candidate sites, other t

Mountain site, within 90 days after the date of enactment 

Waste Policy Amendments Act of 1987.

(b) Effective on the date of the enactment of the Nuclear 

Amendments Act of 1987, the State of Nevada shall be el

into a benefits agreement with the Secretary under section 1

Sec. 161. Siting a Second Repository13

(a) CONGRESSIONAL ACTION REQUIRED–The S

not conduct site-specific activities with respect to a seco

unless Congress has specifically authorized and appropria

such activities.

(b) REPORT–The Secretary shall report to the Pre

Congress on or after January 1, 2007, but not later than Jan

on the need for a second repository.

(c) TERMINATION OF GRANITE RESEARCH–No

months after the date of the enactment of the Nuclear 

Amendments Act of 1987, the Secretary shall phase out 

manner funding for all research programs in existence on 

enactment designed to evaluate the suitability of crystall

potential repository host medium.

(d) ADDITIONAL SITING CRITERIA–In the event tha

at any time after such date of enactment considers any sites 

rock for characterization or selection as a repository, the S

consider (as a supplement to the siting guidelines under sec

potentially disqualifying factors as–

(1) seasonal increases in population;

(2) proximity to public drinking water supplies, incl

metropolitan areas; and

(3) the impact that characterization or siting decision

on lands owned or placed in trust by the United States for 

Subtitle F–Benefits14

Sec. 170. Benefits Agreements

(a) IN GENERAL–(1) The Secretary may enter in

agreement with the State of Nevada concerning a repository 

or an Indian tribe concerning a monitored retrievable stora

the acceptance of high-level radioactive waste or spent nucl

State or on the reservation of that tribe, as appropriate.

(2) The State or Indian tribe may enter into such an a

if the State Attorney General or the appropriate governin

––––––––

12 Added by P.L. 100–203, § 5011, 101 Stat. 1330 (1987). 13 Added by P.L. 100–203, § 5012, 101 Stat. 1330 (1987). 14 Amended by P.L. 100–203, § 5031, 101 Stat. 1330 (1987), by adding 

42 USC 10172.

42 USC 10172a.

42 USC 10173.
y 

provide adequate authority for that entity to enter int

agreement.

(3) Any benefits agreement with a State under this s

negotiated in consultation with affected units of local g

such State.

(4) Benefits and payments under this subtitle m

available only in accordance with a benefits agreeme

section.

(b) AMENDMENT–A benefits agreement entered 

subsection (a) may be amended only by the mutual consent 

to the agreement and terminated only in accordance with se

(c) AGREEMENT WITH NEVADA–The Secretary shal

into a benefits agreement with the Governor of Nevada. 

agreement with a State under this subsection shall be 

consultation with any affected units of local government in 

(d) MONITORED RETRIEVABLE STORAGE–The S

offer to enter into a benefits agreement relating to a monitor

storage facility with the governing body of the Indian tr

reservation the site for such facility is located, or, if the site 

on a reservation, with the Governor of the State in which the 

and in consultation with affected units of local government 

(e) LIMITATION–Only one benefits agreement for a r

only one benefits agreement for a monitored retrievable s

may be in effect at any one time.

(f) JUDICIAL REVIEW–Decisions of the Secretary und

are not subject to judicial review.15

Sec. 171. Content of Agreements

(a) IN GENERAL–(1) In addition to the benefits to wh

affected unit of local government or Indian tribe is entitled 

the Secretary shall make payments to a State or Indian tribe 

to a benefits agreement under section 170 in accordance with 

schedule:

BENEFITS SCHEDULE

(amounts in $ millions)

Event MRS 

 (A) Annual payments prior to first 

spent fuel receipt 5 

 (B) Upon first spent fuel receipt 10 

 (C) Annual payments after the 

first spent fuel receipt until closure 

of the facility

10 

(2) For purposes of this section, the term–

(A) "MRS" means a monitored retrievable storag

(B) "spent fuel" means high-level radioactive w

nuclear fuel, and

(C) "first spent fuel receipt" does not include re

fuel or high-level radioactive waste for purposes 

operational demonstration.

––––––––

15 As added by P.L. 100–202, § 101(d) [Title III, § 300], 101 Stat. 1329

December 22, 1987, and amended by P.L. 100–203, Title V, § 5031, 

237 (1987). 

42 USC 10173a.
agreement and thereafter on the anniversary date of su

Annual payments after the first spent fuel receipt until 

facility under paragraph (1)(C) shall be made on the an

of such first spent fuel receipt.

(4) If the first spent fuel payment under paragraph (

within six months after the last annual payment prior to 

spent fuel under paragraph (1)(A), such first spent fuel p

paragraph (1)(B) shall be reduced by an amount equal 

of such annual payment under paragraph (1)(A) for ea

less than six that has not elapsed since the last annual p

paragraph (1)(A).

(5) Notwithstanding paragraph (1), (2), or (3), no p

this section may be made before January 1, 1989, and any 

under this title before January 1, 1989, shall be made on 

date.

(6) Except as provided in paragraph (7), the Secre

restrict the purposes for which the payments under this s

used.

(7) (A) Any State receiving a payment under this 

transfer an amount equal to not less than one-third of 

such payment to affected units of local government of su

(B) A plan for this transfer and appropriate allo

portion among such governments shall be included 

agreement under section 170 covering such payment

(C) In the event of a dispute concerning such plan

shall resolve such dispute, consistent with this Act a

State law.

(b) CONTENTS–A benefits agreement under section 170 

that–

(1) a Review Panel be established in accordance with 

(2) the State or Indian tribe that is party to such agr

its rights under title I to disapprove the recommendation 

repository;

(3) the parties to the agreement shall share with 

information relevant to the licensing process for the 

monitored retrievable storage facility, as it becomes ava

(4) the State or Indian tribe that is party to su

participate in the design of the repository or monitor

storage facility and in the preparation of documents requ

or regulation governing the effects of the facility on the 

and safety; and

(5) the State or Indian tribe waive its rights, if a

assistance under sections 116(c)(1)(B)(ii), 116(c)(2), 11

and 118(b)(3).

(c) The Secretary shall make payments to the States or a

tribes under a benefits agreement under this section from th

The signature of the Secretary on a valid benefits agreement 

170 shall constitute a commitment by the United States to m

in accordance with such agreement.

Sec. 172. Review Panel

(a) IN GENERAL–The Review Panel required to be e

section 171(b)(1) of this Act shall consist of a Chairman s

Secretary in consultation with the Governor of the State 

42 USC 10173b.
() y 

governing body of such Indian tribe;

(2) two members selected by units of local governme

the repository or monitored retrievable storage facility;

(3) one member to represent persons making paym

Waste Fund, to be selected by the Secretary; and

(4) one member to represent other public interests, 

by the Secretary.

(b) TERMS–

(1) The members of the Review Panel shall serve for 

years each.

(2) Members of the Review Panel who are not full-ti

of the Federal Government, shall receive a per diem com

each day spent conducting work of the Review Panel, i

necessary travel or other expenses while engaged in th

Review Panel.

(3) Expenses of the Panel shall be paid by the Secret

Waste Fund.

(c) DUTIES–The Review Panel shall–

(1) advise the Secretary on matters relating to 

repository or monitored retrievable storage facility, in

relating to design, construction, operation, and decommi

facility;

(2) evaluate performance of the repository or monitor

storage facility, as it considers appropriate;

(3) recommend corrective actions to the Secretary;

(4) assist in the presentation of State or affected In

local perspectives to the Secretary; and

(5) participate in the planning for and the review of p

data on environmental, demographic, and socioeconomic 

the site and the local community.

(d) INFORMATION–The Secretary shall promptly m

promptly any information in the Secretary’s possession req

Panel or its Chairman.

(e) FEDERAL ADVISORY COMMITTEE ACT–The re

the Federal Advisory Committee Act shall not apply to a 

established under this title.

Sec. 173. Termination

(a) IN GENERAL–The Secretary may terminate a bene

under this title if–

(1) the site under consideration is disqualified for 

comply with guidelines and technical requirements esta

Secretary in accordance with this Act; or

(2) the Secretary determines that the Commission c

the facility within a reasonable time.

(b) TERMINATION BY STATE OR INDIAN TRIB

Indian tribe may terminate a benefits agreement under this t

Secretary disqualifies the site under consideration for its fail

with technical requirements established by the Secretary 

with this Act or the Secretary determines that the Comm

license the facility within a reasonable time.

(c) DECISIONS OF THE SECRETARY–Decisions of 

under this section shall be in writing, shall be available to 

the public, and are not subject to judicial review.

42 USC 10173c.
Sec. 174. Consideration in Siting Facilities

The Secretary, in siting Federal research projects, shal

consideration to proposals from States where a repository is 

Sec. 175. Report

(a) IN GENERAL–Within one year of the date of the en

Nuclear Waste Policy Amendments Act of 1987, the Secreta

to Congress on the potential impacts of locating a repository 

Mountain site, including the recommendations of the 

mitigation of such impacts and a statement of which impa

dealt with by the Federal Government, which should be dea

State with State resources, including the benefits payments 

171, and which should be a joint Federal-State responsibili

under this subsection shall include the analysis of the Se

authorities available to mitigate these impacts and the appro

of funds for such mitigation.

(b) IMPACTS TO BE CONSIDERED–Potential im

addressed in the report under this subsection (a) shall includ

(1) education, including facilities and personnel for e

secondary schools, community colleges, vocational 

schools and universities;

(2) public health, including the facilities and 

treatment and distribution of water, the treatment o

control of pests and the disposal of solid waste;

(3) law enforcement, including facilities and pers

courts, police and sheriff’s departments, district attorne

defenders and prisons;

(4) fire protection, including personnel, the constr

stations, and the acquisition of equipment;

(5) medical care, including emergency services and h

(6) cultural and recreational needs, including 

personnel for libraries and museums and the acquisition 

of parks;

(7) distribution of public lands to allow for the timely 

existing, or creation of new, communities and the co

necessary residential and commercial facilities;

(8) vocational training and employment services;

(9) social services, including public assistanc

vocational and physical rehabilitation programs, m

services, and programs relating to the abuse of alcohol 

substances;

(10) transportation, including any roads, termin

bridges, or railways associated with the facility and t

maintenance of roads, terminals, airports, bridges, 

damaged as a result of the construction, operation, and 

facility;

(11) equipment and training for State and local pe

management of accidents involving high-level radioactiv

(12) availability of energy;

(13) tourism and economic development, including 

loss of revenue and future economic growth; and

––––––––

16 Amended by P.L. 100–203, § 5031, 101 Stat. 1330 (1987), by addin

42 USC 10174.

42 USC 10174a.
p, py y

Subtitle H–Transportation17

Sec. 180. Transportation

(a) No spent nuclear fuel or high-level radioactive w

transported by or for the Secretary under subtitle A or un

except in packages that have been certified for such pu

Commission.

(b) The Secretary shall abide by regulations of the 

regarding advance notification of State and local governm

transportation of spent nuclear fuel or high-level radioactiv

subtitle A or under subtitle C. 

(c) The Secretary shall provide technical assistance and f

for training for public safety officials of appropriate u

government and Indian tribes through whose jurisdiction 

plans to transport spent nuclear fuel or high-level radioactiv

subtitle A or under subtitle C. Training shall cover procedur

safe routine transportation of these materials, as well as p

dealing with emergency response situations. The Waste Fun

source of funds for work carried out under this subsection.

Title II–Research, Development, and Demonstration 

Disposal of High-Level Radioactive Waste and Spent N

Sec. 211. Purpose

It is the purpose of this title–

(1) to provide direction to the Secretary with respect 

of high-level radioactive waste and spent nuclear fuel;

(2) to authorize the Secretary, pursuant to this title–

(A) to provide for the construction, operation, an

of a deep geologic test and evaluation facility; and

(B) to provide for a focused and integrat

radioactive waste and spent nuclear fuel research and 

program, including the development of a test and eval

to carry out research and provide an integrated demon

technology for deep geologic disposal of high-lev

waste, and the development of the facilities to de

storage of spent nuclear fuel; and

(3) to provide for an improved cooperative role betwe

Government and States, affected Indian tribes, and un

local government in the siting of a test and evaluation fa

Sec. 212. Applicability

The provisions of this title are subject to section 8 and s

to facilities that are used for the disposal of high-level radi

low-level radioactive waste, transuranic waste, or spent 

resulting from atomic energy defense activities.

Sec. 213. Identification of Sites

(a) GUIDELINES–Not later than 6 months after th

enactment of this Act and notwithstanding the failure of oth

promulgate standards pursuant to applicable law, the 

consultation with the Commission, the Director of the 

––––––––

17 Amended by P.L. 100–203, § 5061, 101 Stat. 1330 (1987), by adding 

42 USC 10175.

42 USC 10191.

42 USC 10192.

42 USC 10193.
appropriate, is authorized to issue, pursuant to section 553 of 

States Code, general guidelines for the selection of a site 

evaluation facility. Under such guidelines the Secretary 

factors that qualify or disqualify a site for development 

evaluation facility, including factors pertaining to the locati

natural resources, hydrogeophysics, seismic activity, and a

defense activities, proximity to water supplies, proximity t

the effect upon the rights of users of water, and proximity t

of the National Park System, the National Wildlife Refug

National Wild and Scenic Rivers System, the Nationa

Preservation System, or National Forest Lands. Such gu

require the Secretary to consider the various geologic medi

site for a test and evaluation facility may be located and, 

practicable, to identify sites in different geologic media. 

shall use guidelines established under this subsection in co

selecting sites under this title. 

(b) SITE IDENTIFICATION BY THE SECRETARY

than 1 year after the date of the enactment of this Act, 

promulgation of guidelines under subsection (a), the 

authorized to identify 3 or more sites, at least 2 of whic

different geologic media in the continental United States, an

which shall be in media other than salt. Subject to 

requirements, the Secretary shall give preference to sites fo

evaluation facility in media possessing geochemical chara

retard aqueous transport of radionuclides in order to pro

possible protection of public health and safety as operating 

gained at the test and operation facility, and with the exc

primary areas under review by the Secretary on the date of 

of this Act for the location of a test and evaluation facility 

all sites identified under this subsection shall be more than 1

from towns having a population of greater than 100

determined by the most recent census unless such sites cont

radioactive waste prior to identification under this title. Each 

of a site shall be supported by an environmental assessmen

include a detailed statement of the basis for such identificat

probable impacts of the siting research activities planned for 

a discussible impact of the siting research activities planned 

and a discussion of alternative activities relating to siting rese

be undertaken to avoid such impacts. Such environmental as

include–

(A) an evaluation by the Secretary as to wheth

suitable for siting research under the guidelines esta

subsection (a);

(B) an evaluation by the Secretary of the effect

research activities at such site on the public health a

the environment;

(C) a reasonable comparative evaluation by the 

such site with other sites and locations that have bee

(D) a description of the decision process by which 

recommended; and

(E) an assessment of the regional and local impa

the proposed test and evaluation facility at such site.

(2) When the Secretary identifies a site, the Secretary 

as possible notify the Governor of the State in whic

Environmental 

assessment.
evaluation facility authorized in section 302(d) may be i

such 1 year period, following the same procedure as if 

been identified within such period.18

Sec. 214. Siting Research and Related Activities

(a) IN GENERAL–Not later than 30 months after the 

the Secretary completes the identification of sites under se

Secretary is authorized to complete sufficient evaluation of 3 

a site for expanded siting research activities and for other a

section 218. The Secretary is authorized to conduct such p

activities relative to such site selection for the test and eval

as he deems appropriate. Additional sites for the location o

evaluation facility authorized in section 302(d) may be e

such 30-month period, following the same procedures as if s

to be evaluated within such period.

(b) Public Meetings and Environmental Assessment–N

months after the date on which the Secretary completes the 

of sites under section 213, and before beginning siting resea

the Secretary shall hold at least 1 public meeting in the vicin

to inform the residents of the area of the activities to be con

site and to receive their views.

(c) Restrictions–Except as provided in section 218 with r

and evaluation facility, in conducting siting research activiti

subsection (a)–

(1) the Secretary shall use the minimum quantity 

radioactive waste or other radioactive materials, if any

achieve the test or research objectives;

(2) the Secretary shall ensure that any radioactive m

placed on a site shall be fully retrievable; and

(3) upon termination of siting research activities at 

reason, the Secretary shall remove any radioactive mater

site as promptly as practicable.

(d) Title To Material–The Secretary may take title, in th

Federal Government, to the high-level radioactive waste 

fuel, or other radioactive material emplaced in a test a

facility. If the Secretary takes title to any such material, the S

enter into the appropriate financial arrangements described 

(a) or (b) of section 302 for the disposal of such material.

Sec. 215. Test and Evaluation Facility Siting Review and 

(a) CONSULTATION AND COOPERATION–The G

State, or the governing body of an affected Indian tribe, no

identification under section 213 shall have the right to p

process of consultation and cooperation as soon as the site 

been identified pursuant to such section and throughout the 

and evaluation facility. For purposes of this section, the ter

consultation and cooperation" means a methodology–

––––––––

18 Amended by P.L. 102–285, § 10(a), 106 Stat. 171 (1992), which rena

Geological Survey and provided that on and after May 18, 1992, it sh

the United States Geological Survey. An earlier statute, P.L. 102–154

105 Stat. 1000 (1991), had provided for the identical change of name 

after November 13, 1991.

42 USC 10194.

42 USC 10195.
currently informed about any potential economic or 

and safety impacts in all stages of the siting, 

construction, and operation of a test and evaluation f

(B) solicits, receives, and evaluates concerns and 

such Governor or governing body with regard to 

evaluation facility on an ongoing basis; and

(C) works diligently and cooperatively to resolve 

and objections; and

(2) by which the State or affected Indian tribe involve

reasonable independent monitoring and testing of on

related to all stages of the siting, development, con

operation of the test and evaluation facility, except 

monitoring and testing shall not unreasonably interfer

activities.

(b) WRITTEN AGREEMENTS–The Secretary shall ent

agreements with the Governor of the State in which an id

located or with the governing body of any affected Indian t

identified site is located in order to expedite the con

cooperation process. Any such written agreement shall spec

(1) procedures by which such Governor or govern

study, determine, comment on, and make recomme

regard to the possible health, safety, and economic impa

and evaluation facility;

(2) procedures by which the Secretary shall conside

to comments and recommendations made by such 

governing body, including the period in which the Sec

respond;

(3) the documents the Department is to submit to suc

governing body, the timing for such submissions, the ti

Governor or governing body to identify public heal

concerns and the process to be followed to try to el

concerns;

(4) procedures by which the Secretary and either suc

governing body may review or modify the agreement per

(5) procedures for public notification of the proced

under subparagraphs (A) through (D).

(c) LIMITATION–Except as specifically provided in 

nothing in this title is intended to grant any State or affecte

any authority with respect to the siting, development, or load

and evaluation facility.

Sec. 216. Federal Agency Actions

(a) COOPERATION AND COORDINATION–Federal 

assist the Secretary by cooperating and coordinating with th

the preparation of any necessary reports under this title an

plan under section 301.

(b) ENVIRONMENTAL REVIEW–(1) No action of th

any other Federal agency required by this title or section 30

to a test and evaluation facility to be taken prior to the initi

construction of a test and evaluation facility shall require th

of an environmental impact statement under section 102

Environmental Policy Act of 1969 (42 USC 4332(2)(C)), or 

preparation of environmental reports, except as otherwis

provided for in this title.

and 

cooperation.

42 USC 10196.
ppp

1969 (42 USC 4321 et seq.).

Sec. 217. Research and Development on Disposal of High

Radioactive Waste

(a) PURPOSE–Not later than 64 months after the date of 

of this Act, the Secretary is authorized to, to the extent prac

at a site evaluated under section 214, as part of and as an exte

research activities of such site under such section, the 

construction of a test and evaluation facility. Prior to th

construction of such facility, the Secretary shall prepare an 

assessment. the purpose of such facility shall be–

(1) to supplement and focus the repository site ch

process;

(2) to provide the conditions under which known 

components can be integrated to demonstrate a functioni

like system;

(3) to provide a means of identifying, evaluating, 

potential repository licensing issues that could not be re

the siting research program conducted under section 212

(4) to validate, under actual conditions, the scientifi

in the design of a repository;

(5) to refine the design and engineering of repositor

and systems and to confirm the predicted behavior of suc

and systems;

(6) to supplement the siting data, the generic 

geological characteristics developed under section 2

isolating disposal materials in the physical environment o

(7) to evaluate the design concepts for packaging, 

emplacement of high-level radioactive waste and spent 

the design rate; and

(8) to establish operating capability without exposi

excessive radiation.

(b) DESIGN–The Secretary shall design each test a

facility–

(1) to be capable of receiving not more than 100 full-

of solidified high-level radioactive waste (which canis

exceed an aggregate weight of 100 metric tons), exc

nuclear fuel may be used instead of such waste if such w

obtained under reasonable conditions;

(2) to permit full retrieval of solidified high-level radi

or other radioactive material used by the Secretary for 

completion of the technology demonstration activities; a

(3) based upon the principle that the high-level radi

spent nuclear fuel, or other radioactive material invo

isolated from the biosphere in such a way that the initi

provided by engineered barriers functioning as a sys

geologic environment.

(c) OPERATION–(1) Not later than 88 months after t

enactment of this Act, the Secretary shall begin an in situ te

at the test and evaluation facility in accordance with the 

developed under section 301, for purposes of–

(A) conducting in situ tests of bore hole sealing, g

fracture sealing, and room closure to establish the t

42 USC 10197.

Environmental 

assessment.

Testing.
(B) conducting in situ tests with radioactive 

materials to evaluate and improve reliable models fo

mitigation, absorption, and containment within th

barriers and geologic media involved, if the Secretary 

reasonable assurance that such radioactive sources 

will not threaten the use of such site as a repository;

(C) conducting in situ tests to evaluate and impro

ground water or brine flow through fractured geolog

(D) conducting in situ tests under conditions re

real time and the accelerated time behavior of th

barriers within the geologic environment involved;

(E) conducting in situ tests to evaluate the effec

pressure on the geologic media involved on the hyd

surrounding area and on the integrity of the disposal 

(F) conducting in situ tests under both normal 

repository conditions to establish safe design limit

packages and to determine the effects of the gro

radionuclides into surroundings, and the effects of va

failure modes, including–

(i) seismic events leading to the couplin

through the test and evaluation facility;

(ii) thermal pulses significantly greater than 

calculated; and

(iii) human intrusion creating a direct pa

biosphere; and

(G) conducting such other research and developm

as the Secretary considers appropriate, including s

necessary, to obtain the use of high-level radioactiv

nuclear fuel, or other radioactive materials (such 

radioactive material from the Three Mile Island n

plant or from the West Valley Demonstration Projec

evaluation purposes, if such other activities ar

necessary to support the repository program an

reasonable assurance that the radioactive sources inv

threaten the use of such site as a repository.

(2) The in situ testing authorized in this subsec

designed to ensure that the suitability of the site involve

by the Commission as a repository will not be adversely 

(d) USE OF EXISTING DEPARTMENT FACILITIE

conducting of siting research activities under section 214 

period thereafter as the Secretary considers appropriate, the S

use Department facilities owned by the Federal Government 

the enactment of this Act for the conducting of generically 

regarding packaging, handling, and emplacement technology 

high-level radioactive waste and spent nuclear fuel from ci

activities.

(e) ENGINEERED BARRIERS–The system of engin

and selected geology used in a test and evaluation facility 

design life at least as long as that which the Commissio

regulations issued under this Act, or under the Atomic Energ

(42 USC 2011 et seq.), for repositories.

(f) ROLE OF COMMISSION–(1)(A) Not later than 1 

date of the enactment of this Act, the Secretary and the Com

reach a written understanding establishing the procedure
, 

subtitle, for submission by the Secretary of, and review by th

of and necessary action on–

(i) the mission plan prepared under section 30

(ii) such reports and other information as the 

may reasonably require to evaluate any heal

impacts of the test and evaluation facility.

(B) Such understanding shall also establish the co

which the Commission may have access to the test a

facility for the purpose of assessing any public hea

concerns that it may have. No shafts may be excavat

and evaluation until the Secretary and the Commiss

such understanding.

(2) Subject to section 305, the test and evaluation fa

facilities authorized in section 217, shall be constructed 

as research, development, and demonstration facilities, a

subject to licensing under section 202 of the Energy R

Act of 1974 (42 USC 5842).

(3)(A) The Commission shall carry out a continuing 

activities undertaken under this section to evaluate the ad

consideration of public health and safety issues.

(B) The Commission shall report to the President, 

and the Congress as the Commission considers app

respect to the conduct of activities under this section

(g) ENVIRONMENTAL REVIEW–The Secretary sha

environmental impact statement under section 102(2)(C) o

Environmental Policy Act of 1969 (42 USC 4332)(2

conducting tests with radioactive materials at the test a

facility. Such environmental impact statement shall incor

extent practicable, the environmental assessment prepared 

217(a). Nothing in this subsection may be construed to limit 

activities conducted under section 214. This subsection shal

activities performed exclusively for a test and evaluation fac

(h) LIMITATIONS–(1) If the test and evaluation facility 

at the site of a repository, the Secretary shall obtain the conc

Commission with respect to the decontamination and decom

such facility.

(2) If the test and evaluation facility is not located 

site or repository site, the Secretary shall conduct only 

the in situ testing program required in subsection (c) dete

Secretary to be useful in carrying out the purposes of thi

(3) The operation of the test and evaluation facility s

not later than–

(A) 5 years after the date on which the initial rep

operation; or

(B) at such time as the Secretary determines that 

operation of a test and evaluation facility is not 

research, development, and demonstration purposes;

whichever occurs sooner.

(4) Notwithstanding any other provisions of this 

soon as practicable following any determination by the S

the concurrence of the Commission, that the test and eval

is unsuitable for continued operation, the Secretary sh

actions as are necessary to remove from such site an

Terminations.
waived if the Secretary, with the concurrence of the Com

that short-term testing and evaluation activities usin

material will not endanger the public health and safety.

Sec. 218. Research and Development on Spent Nuclear F

(a) DEMONSTRATION AND COOPERATIVE PRO

Secretary shall establish a demonstration program, in cooper

private sector, for the dry storage of spent nuclear fuel at c

power reactor sites, with the objective of establishing 

technologies that the Commission may, by rule, approve for 

of civilian nuclear power reactors without, to the max

practicable, the need for additional site-specific appr

Commission. Not later than 1 year after the date of the ena

Act, the Secretary shall select at least 1, but not more than 3, 

under section 214 at such power reactors. In selecting such s

Secretary shall give preference to civilian nuclear power rea

soon have a shortage of interim storage capacity for spen

Subject to reaching agreement as provided in subsection (b)

shall undertake activities to assist such power reactors with 

projects at such sites, which may use one of the following typ

storage technologies; spent nuclear fuel storage casks, cais

The Secretary shall also undertake a cooperative program 

nuclear power reactors to encourage the development of t

for spent nuclear fuel rod consolidation in existing power 

storage basins.

(b) COOPERATIVE AGREEMENTS–To carry out 

described in subsection (a), the Secretary shall enter into 

agreement with each utility involved that specifies, at a min

(1) such utility shall select the alternate storage te

used, make the land and spent nuclear fuel available for t

demonstration, submit and provide site-specific docum

license application to the Commission, obtain a license 

facility involved, construct such facility, operate such 

licensing, pay the costs required to construct such facili

costs associated with the operation and maintenance of s

(2) the Secretary shall provide, on a cost-sharing basi

and technical assistance, including design support 

licensing documentation, to assist such utility in 

construction authorization and appropriate licens

Commission; and

(3) the Secretary shall provide generic research and 

of alternative spent nuclear fuel storage techniques to en

provided, at-reactor storage capabilities, if authorized 

provision of this act or in any other provision of law.

(c) DRY STORAGE RESEARCH AND DEVELOPM

consultative and technical assistance referred to in subsecti

include, but shall not be limited to, the establishment of a 

development program for the dry storage of not more than 3

of spent nuclear fuel at facilities owned by the Federal Gove

date of the enactment of this Act. The purpose of such progr

collect necessary data to assist the utilities involved in 

process.

(2) To the extent available, and consistent with the 

section 135, the Secretary shall provide spent nuclea

research and development program authorized in this su

42 USC 10198.
()

(d) FUNDING–The total contribution from the Secretary 

funds and the use of Federal facilities or services shall n

percent of the total costs of the demonstration program 

subsection (a), as estimated by the Secretary. All remaining 

program shall be paid by the utilities involved or shall be pr

Secretary from the Interim Storage Fund established in sect

(e) RELATION TO SPENT NUCLEAR FUEL 

PROGRAM–The spent nuclear fuel storage program author

135 shall not be construed to authorize the use of research d

demonstration facilities owned by the Department unless–

(1) a period of 30 calendar days (not including any 

either House of Congress is not in session because of a

more than 3 calendar days to a day certain) has pa

Secretary has transmitted to the Committee on Scienc

Technology19 of the House of Representatives and the 

Energy and Natural Resources of the Senate a w

containing a full and complete statement concerning (A

involved; (B) any necessary modifications; (C) the cos

(D) the impact on the authorized research and developm

or

(2) each such committee, before the expiration of su

transmitted to the Secretary a written notice to the ef

committee has no objection to the proposed use of such 

Sec. 219. Payments to States and Indian Tribes

(a) PAYMENTS–Subject to subsection (b), the Secreta

payments to each State or affected Indian tribe that has e

agreement pursuant to section 215. The Secretary shall p

equal to 100 percent of the expenses incurred by such State 

in engaging in any monitoring, testing, evaluation, or othe

and cooperation activity under section 215 with respect to 

amount paid by the Secretary under this paragraph sha

$3,000,000 per year from the date on which the site involved 

to the date on which the decontamination and decommission 

is complete pursuant to section 217(h). Any such paymen

made to a State in which a potential site for a test and eval

has been identified under section 213, or to an affected Indi

the potential site has been identified under such section.

(b) LIMITATION–The Secretary shall make any paym

under subsection (a) only if such State agrees to provide, t

general local government within the jurisdictional boundarie

potential site or effectively selected site involved is located

tenth of the payments made by the Secretary to such Sta

subsection. A State or affected Indian tribe receiving any p

subsection (a) shall otherwise have discretion to use such 

whatever purpose it deems necessary, including the State or t

pursuant to agreements entered into in accordance with 

Annual payments shall be prorated on a 365-day basis to 

dates.

––––––––

19 Amended by P.L. 103–437, § 15(c)(10), 108 Stat. 4592 (1994).

Report to 

congressional 

committees.

42 USC 10199.
Not later than 6 months after the date of the enactment o

Secretary shall submit to the Congress a report describing th

development activities the Secretary considers necessary t

proposal required in section 141(b) with respect to a monitor

storage facility.

Sec. 221. Judicial Review

Judicial review of research and development activities u

be in accordance with the provisions of section 119.

Sec. 222. Research on Alternatives for the Permanent Di

High-Level Radioactive Waste

Research on Alternatives for the Permanent Disposal o

Radioactive Waste–The Secretary shall continue and acceler

of research, development, and investigation of alternativ

technologies for the permanent disposal of high-level radi

from civilian nuclear activities and Federal research and 

activities except that funding shall be made from amounts a

the Secretary for purposes of carrying out this section. Such 

include examinations of various waste disposal options.

Sec. 223. Technical Assistance to Non-Nuclear Weapon S

Field of Spent Fuel Storage and Disposal

(a) It shall be the policy of the United States to coope

provide technical assistance to non-nuclear weapon states 

spent fuel storage and disposal.

(b)(1) Within 90 days of enactment of this Act, the Sec

Commission shall publish a joint notice in the Federal Regis

the United States is prepared to cooperate with and prov

assistance to non-nuclear weapon states in the fields of at

fuel storage; away-from-reactor spent fuel storage; monitor

spent fuel storage; geologic disposal of spent fuel; and the 

and environmental regulation of such activities. The 

summarize the resources that can be made available for 

cooperation and assistance in these fields through existing pr

Department and the Commission, including the availabili

from past or ongoing research and development projects; (ii) 

with expert Department or Commission personnel or contra

liaison with private business entities and organizations wo

fields.

(2) The joint notice described in the preceding subp

be updated and reissued annually for 5 succeeding years

(c) Following publication of the annual joint notice 

paragraph (2), the Secretary of State shall inform the govern

nuclear weapon states and, as feasible, the organizations ope

power plants in such states, that the United States is prepare

with and provide technical assistance to non-nuclear weapo

fields of spent fuel storage and disposal, as set forth in the jo

Secretary of State shall also solicit expressions of intere

nuclear weapon state governments and non-nuclear weapon 

power reactor operators concerning their participation in exp

States cooperation and technical assistance programs in the

Secretary of State shall transmit any such expressions of 

Department and the Commission.

(d) With his budget presentation materials for the Depar

Commission for fiscal years 1984 through 1989, the Presiden

funding requests for an expanded program of cooperation 

Report to 

Congress.

42 USC 10201.

42 USC 10202.

42 USC 10203.

Joint notice, 

publication in 

Federal 

Register.

Joint notice, 

reissuance.

Expressions of 

interest.
pp

governments and non-nuclear weapon state nuclear p

operators.

(e) For the purposes of this subsection, the term "non-nu

state" shall have the same meaning as that set forth in art

Treaty on the Non-Proliferation of Nuclear Weapons (21 U

(f) Nothing in this subsection shall authorize the D

Commission to take any action not authorized under existin

Sec. 224. Subseabed Disposal

(a) REPEALED. Public Law 104–66, title I, sec

December 21, 1995, 109 Stat. 716.

(b) OFFICE OF SUBSEABED DISPOSAL RESEARCH

(1) There is hereby established an Office of Subse

Research within the Office of Science of the Departme

The Office shall be headed by the Director, who shall b

the Senior Executive Service appointed by the Director 

of Science, and compensated at a rate determined by app

(2) The Director of the Office of Subseabed Disp

shall be responsible for carrying out research, deve

demonstration activities on all aspects of subseabed disp

level radioactive waste and spent nuclear fuel, subject 

supervision of the Secretary. The Director of the O

directly responsible to the Director of the Office of Sc

first such Director shall be appointed within 30 days of 

1987.

(3) In carrying out his responsibilities under this 

Secretary may make grants to, or enter into contr

Subseabed Consortium described in subsection (d) o

and other persons.

(4)(A) Within 60 days of December 22, 1987, the S

establish a university–based Subseabed Consorti

leading oceanographic universities and instituti

laboratories, and other organizations to investigate 

and institutional feasibility of subseabeded disposal.

(B) The Subseabeded Consortium shall develop a 

and budget to achieve the following objectives by 19

(i) demonstrate the capacity to identify and 

potential subseabeded disposal sites;

(ii) develop conceptual designs for a Subseab

system, including estimated costs and 

requirements; and

(iii) identify and assess the potential 

Subseabeded disposal on the human and marine e

(C) In 1990, and again in 1995, the Subseabede

shall report to Congress on the progress being mad

the objectives of paragraph (2).

(5) REPEALED. Public Law 104–66, title I, section 

Stat. 716, December 21, 1995.20

––––––––

20 P.L. 97–425, Title II, § 224, as added by P.L. 100–202, § 101(d), Tit

101 Stat. 1329–104, 1329–12 (1987); P.L. 100–203, Title V, § 5063, 

253 (1987); Amended by P.L. 104–66, Title I, § 1051(d), 109 Stat. 7

P.L. 10–245, Title III, § 309(b)(2)(E), 112 Stat. 1853 (1998).

Non-nuclear 

weapon state.

42 USC 10204.

Reports.
Sec. 301. Mission Plan

(a) CONTENTS OF MISSION PLAN–The Secretary s

comprehensive report, to be known as the mission plan

provide an informational basis sufficient to permit informe

be made in carrying out the repository program and 

development, and demonstration programs required under 

mission plan shall include–

(1) an identification of the primary scientific, eng

technical information, including any necessary dem

engineering or systems integration, with respect to t

construction of a test and evaluation facility and reposito

(2) an identification of any information described in 

that is not available because of any unresolved scientific

or technical questions, or undemonstrated engineerin

integration, a schedule including specific major mile

research, development, and technology demonstrat

required under this Act and any additional activities to 

to provide such information, a schedule for the activitie

achieve important programmatic milestones, and an e

costs required to carry out such research, deve

demonstration programs;

(3) an evaluation of financial, political, legal, o

problems that may impede the implementation of this Ac

the Secretary to resolve such problems, and recommend

necessary legislation to resolve such problems;

(4) any comments of the Secretary with respect to th

program of the test and evaluation facility;

(5) a discussion of the significant results of 

development programs conducted and the implications f

different geologic media under consideration for 

repositories, and, on the basis of such information, a com

advantages and disadvantages associated with the use o

for repository sites;

(6) the guidelines issued under section 112(a);

(7) a description of known sites at which site ch

activities should be undertaken, a description of 

characterization activities, including the extent of planne

plans for onsite testing with radioactive or nonradioac

plans for any investigations activities which may affect 

of any such site to isolate high-level radioactive waste or 

fuel, plans to control any adverse, safety-related impacts 

characterization activities, and plans for the deconta

decommissioning of such site if it is determined u

licensing as a repository;

(8) an identification of the process for solidifyi

radioactive waste or packaging spent nuclear fuel

summary and analysis of the data to support the se

solidification process and packaging techniques, an a

requirements for the number of solidification packa

needed, a description of the state of the art for the mate

to be used in packaging such waste or spent fuel and the 

such materials including impacts on strategic supp

requirements for new or reactivated facilities to prod

materials needed, and a description of a plan, and the 

42 USC 10221.
p;

(9) an estimate of (A) the total repository capacity req

accommodate the disposal of all high-level radioactive w

nuclear fuel expected to be generated through Decembe

the event that no commercial reprocessing of spent nucle

as well as the repository capacity that will be req

reprocessing does occur; (B) the number and type o

required to be constructed to provide such disposal c

schedule for the construction of such repositories; and (D

of the period during which each repository listed in such 

be accepting high-level radioactive waste or spent nu

disposal;

(10) an estimate, on an annual basis, of the costs re

construct and operate the repositories anticipated to be 

paragraph (9) based on each of the assumptions referr

paragraph; (B) to construct and operate a test and evalu

or any other facilities, other than repositories 

subparagraph (A), determined to be necessary; and (C) to 

other activities under this Act; and

(11) an identification of the possible adverse econo

impacts to the State or Indian tribe involved that may 

development of a test and evaluation facility or reposito

(b) Submission of Mission Plan.–(1) Not later than 15 m

date of the enactment of this Act, the Secretary shall submit a 

plan to the States, the affected Indian tribes, the Commiss

Government agencies as the Secretary deems appropr

comments.

(2) In preparing any comments on the mission plan, 

shall specify with precision any objections that they ma

submission of the mission plan to such agencies, the S

publish a notice in the Federal Register of the subm

mission plan and of its availability for public inspecti

receipt of any comments of such agencies respecting the 

the Secretary shall publish a notice in the Federal Registe

of comments and of the availability of the commen

inspection. If the Secretary does not revise the mission 

objections specified in such comments, the Secretary sh

the Federal Register a detailed statement for not so revisi

plan.

(3) The Secretary, after reviewing any other comm

such agencies and revising the mission plan to the e

Secretary may consider to be appropriate, shall submit th

to the appropriate committees of the Congress not later th

after the date of the enactment of this Act. The mission 

used by the Secretary at the end of the first period of 30 

(not including any day on which either House of Cong

session because of adjournment of more than 3 calendar 

certain) following receipt of the mission plan by the Con

Sec. 302. Nuclear Waste Fund

(a) CONTRACTS–(1) In the performance of his functions u

the Secretary is authorized to enter into contracts with an

generates or holds title to high-level radioactive waste, or 

fuel, of domestic origin for the acceptance of titl

transportation, and disposal of such waste or spent fuel. S

Public 

inspection and 

agency 

comments.

Publication in 

Federal 

Register.

Plan submittal 

to 

congressional 

committees.

42 USC 10222.

Fees.
(d).

(2) For electricity generated by a civilian nuclear pow

sold on or after the date 90 days after the date of enactme

the fee under paragraph (1) shall be equal to 1.0 mil per 

(3) For spent nuclear fuel, or solidified high-lev

waste derived from spent nuclear fuel, which fuel was us

electricity in a civilian nuclear power reactor prior to the 

the fee under paragraph (2) to such reactor, the Secretary 

than 90 days after the date of enactment of this Act, esta

fee per kilogram of heavy metal in spent nuclear fuel, o

high-level radioactive waste. Such fee shall be in amoun

an average charge of 1.0 mil per kilowatt-hour for electri

by such spent nuclear fuel, or such solidified high-level 

therefrom, to be collected from any person deliverin

nuclear fuel or high-level waste, pursuant to section 123, 

Government. Such fee shall be paid to the Treasury of the 

and shall be deposited in the separate fund established 

(c)126(b). In paying such a fee, the person delivering 

solidified high-level radioactive wastes derived there

Federal Government shall have no further financial ob

Federal Government for the long-term storage and perm

of such spent fuel, or the solidified high-level radioactive 

therefrom.

(4) Not later than 180 days after the date of enactme

the Secretary shall establish procedures for the collection 

of the fees established by paragraph (2) and paragr

Secretary shall annually review the amount of the fees 

paragraphs (2) and (3) above to evaluate whether collec

will provide sufficient revenues to offset the costs 

subsection (d) herein. In the event the Secretary determi

insufficient or excess revenues are being collected, in or

the costs incurred by the Federal Government that ar

subsection (d), the Secretary shall propose an adjustmen

insure full cost recovery. The Secretary shall immediatel

proposal for such an adjustment to Congress. The 

proposed by the Secretary shall be effective after a peri

of continuous session have elapsed following the re

transmittal unless during such 90-day period either Hous

adopts a resolution disapproving the Secretary’s propos

in accordance with the procedures set forth for congressi

an energy action under section 551 of the Energy 

Conservation Act.

(5) Contracts entered into under this section shall pro

(A) following commencement of operation of a r

Secretary shall take title to the high-level radioactive 

nuclear fuel involved as expeditiously as practica

request of the generator or owner of such waste or sp

(B) in return for the payment of fees established b

the Secretary, beginning not later than January 3

dispose of the high-level radioactive waste or spen

involved as provided in this subtitle.

Fees.

Collection and 

payment 

procedures.

Review.

42 USC 6421.

Transmittal to 

Congress.
(b) ADVANCE CONTRACTING REQUIREMENT–

(1) (A) The Commission shall not issue or renew a 

person to use a utilization or production facility unde

of section 103 or 104 of the Atomic Energy Act of 

2133, 2134) unless–

(i) such person has entered into a contract with 

under this section; or

(ii) the Secretary affirms in writing that s

actively and in good faith negotiating with the S

contract under this section.

(B) The Commission, as it deems necessary or app

require as a precondition to the issuance or renewa

under section 103 or 104 of the Atomic Energy Ac

USC 2133, 2134) that the applicant for such licen

entered into an agreement with the Secretary for th

high-level radioactive waste and spent nuclear fuel t

from the use of such license.

(2) Except as provided in paragraph (1), no spent n

high-level radioactive waste generated or owned by any 

than a department of the United States referred to in sect

of title 5, United States Code) may be disposed of by th

any repository constructed under this Act unless the gene

of such spent fuel or waste has entered into a cont

Secretary under this section by not later than–

(A) June 30, 1983; or

(B) the date on which such generator or owne

generation of, or takes title to, such spent fuel or wa

occurs later.

(3) The rights and duties of a party to a contract ente

this section may be assignable with transfer of title to the 

fuel or high-level radioactive waste involved.

(4) No high-level radioactive waste or spent nuclear 

or owned by any department of the United States referre

101 or 102 of title 5, United States Code, may be dispo

Secretary in any repository constructed under this Ac

department transfers to the Secretary, for deposit in the N

Fund, amounts equivalent to the fees that would b

Secretary under the contracts referred to in this section if 

spent fuel were generated by any other person.

(c) ESTABLISHMENT OF NUCLEAR WASTE 

hereby is established in the Treasury of the United States a 

to be known as the Nuclear Waste Fund. The Waste Fund sh

(1) all receipts, proceeds, and recoveries realized by 

under subsections (a), (b), and (e), which shall be de

Waste Fund immediately upon their realization;

(2) any appropriations made by the Congress to the 

and

(3) any unexpended balances available on the date of 

of this Act for functions or activities necessary or in

disposal of civilian high-level radioactive waste or 

nuclear fuel, which shall automatically be transferred 

Fund on such date.

License 

renewal or 

issuance.

Disposal of 

radioactive 

waste or spent 

nuclear fuel.
radioactive waste disposal activities under Titles I and II, in

(1) the identification, development, licensing, 

operation, decommissioning, and post-decommissioning 

and monitoring of any repository, monitored retrievable s

or test evaluation facility constructed under this Act;

(2) the conducting of nongeneric research, deve

demonstration activities under this Act;

(3) the administrative cost of the radioactive w

program;

(4) any costs that may be incurred by the Secretary 

with the transportation, treating, or packaging of spent n

high-level radioactive waste to be disposed of in a rep

stored in a monitored, retrievable storage site or to be use

evaluation facility;

(5) the costs associated with acquisition, design, 

replacement, operation and construction of facilities a

site, a monitored, retrievable storage site or a test a

facility site and necessary or incident to such repositor

retrievable storage facility or test and evaluation facility

(6) the provision of assistance to States, units of 

government, and Indian tribes under section 116, 118 an

No amount may be expended by the Secretary under th

the construction or expansion of any facility unless such c

expansion is expressly authorized by this or subsequent le

Secretary hereby is authorized to construct one repository an

evaluation facility.

(e) ADMINISTRATION OF WASTE FUND–(1) The S

Treasury shall hold the Waste Fund and, after consulta

Secretary, annually report to the Congress on the financial 

operations of the Waste Fund during the preceding fiscal ye

(2) The Secretary shall submit the budget of the Was

Office of Management and Budget triennially along with 

the Department of Energy submitted at such time in ac

chapter II of title 31, United States Code. The budget of th

shall consist of the estimates made by the Secretary o

from the Waste Fund and other relevant financial m

succeeding 3 fiscal years, and shall be included in the 

United States Government. The Secretary may make 

from the Waste Fund, subject to appropriations which 

available until expended. Appropriations shall be subje

authorization.

(3) If the Secretary determines that the Waste Fund c

time amounts in excess of current needs, the Secretary m

Secretary of the Treasury to invest such amounts, or a

such amounts as the Secretary determines to be a

obligations of the United States–

(A) having maturities determined by the Sec

Treasury to be appropriate to the needs of the Waste 

(B) bearing interest at rates determined to be appr

Secretary of the Treasury, taking into consideratio

average market yield on outstanding marketable obl

United States with remaining periods to maturity com

maturities of such investments, except that the intere

Report to 

Congress.

Budget 

submittal.
() p, p, y 

under this section, and expenditures of amounts from th

shall be exempt from annual apportionment under the 

subchapter II of chapter 15 of title 31, United States Cod

(5) If at any time the moneys available in the W

insufficient to enable the Secretary to discharge his r

under this subtitle, the Secretary shall issue to the Se

Treasury obligations in such forms and denominations

maturities, and subject to such terms and conditions as m

to by the Secretary and the Secretary of the Treasury. A 

obligations shall not exceed amounts provided in appro

Redemption of such obligations shall be made by the S

moneys available in the Waste Fund. Such obligatio

interest at a rate determined by the Secretary of the Tr

shall be not less than a rate determined by taking into con

average market yield on outstanding marketable oblig

United States of comparable maturities during the month 

issuance of the obligations under this paragraph. The Se

Treasury shall purchase any issued obligations, and for 

the Secretary of the Treasury is authorized to use as 

transactions the proceeds from the sale of any securitie

chapter 31 of title 31, United States Code, and the purpo

securities may be issued under such Act are extended t

purchase of such obligations. The Secretary of the Treasu

time sell any of the obligations acquired by him under t

All redemptions, purchases, and sales by the Secretary o

of obligations under this paragraph shall be treated a

transactions of the United States.

(6) Any appropriations made available to the Waste 

purpose described in subsection (d) shall be repaid into th

of the Treasury, together with interest from the date of 

the appropriations until the date of repayment. Such in

paid on the cumulative amount of appropriations availabl

Fund, less the average undisbursed cash balance in th

account during the fiscal year involved.

The rate of such interest shall be determined by th

Treasury taking into consideration the average market yi

month preceding each fiscal year on outstandin

obligations of the United States of comparable mat

payments may be deferred with the approval of the Se

Treasury, but any interest payments so deferred shall th

interest.

Sec. 303. Alternative Means of Financing

The Secretary shall undertake a study with respect 

approaches to managing the construction and operation 

radioactive waste management facilities, including the 

establishing a private corporation for such purposes. In co

study, the Secretary shall consult with the Director of 

Management and Budget, the Chairman of the Commiss

other Federal agency representatives as may be appropriat

shall be completed, and a report containing the results of su

be submitted to the Congress, within 1 year after the date of 

of this Act.

Interest 

payments.

Deferral.

42 USC 10223.

Study.

Report to 

Congress.
Department of Energy an Office of Civilian Radio

Management. The Office shall be headed by a Director, 

appointed by the President, by and with the advice and c

Senate, and who shall be compensated at the rate payable f

the Executive Schedule under section 5315 of title 5, United 

(b) FUNCTIONS OF DIRECTOR–The Director of the O

responsible for carrying out the functions of the Secretary u

subject to the general supervision of the Secretary. The D

Office shall be directly responsible to the Secretary.

(c) ANNUAL REPORT TO CONGRESS–The Director 

shall annually prepare and submit to the Congress a compre

on the activities and expenditures of the Office.

(d) AUDIT BY GAO–If requested by either House of th

any committee thereof) or if considered necessary by th

General, the Government Accountability Office shall condu

the Office, in accord with such regulations as the Comptrolle

prescribe. The Comptroller General shall have access to 

records, accounts, and other materials of the Office as th

General determines to be necessary for the preparation of su

Comptroller General shall submit a report on the results 

conducted under this section.21

Sec. 305. Location of Test and Evaluation Facility

(a) REPORT TO CONGRESS–Not later than 1 year af

the enactment of this Act, the Secretary shall transmit to t

report setting forth whether the Secretary plans to locate 

evaluation facility at the site of a repository.

(b) PROCEDURES–(1) If the test and evaluation fac

located at any candidate site or repository site (A) site 

development of such facility shall be conducted in accord

procedures and requirements established in title I with resp

selection and development of repositories; and (B) the Secr

commence construction of any surface facility for su

evaluation facility prior to issuance by the Commission of 

authorization for a repository at the site involved.

(2) No test and evaluation facility may be con

repository unless site selection and development of suc

conducted in accordance with the procedures and 

established in title I with respect to the site selection and 

of repositories.

(3) The Secretary may not commence construction 

evaluation facility at a candidate site or site recomm

location for a repository prior to the date on which the 

such site is effective under section 115.

––––––––

21 Amended by P.L. 97–425, Title III, § 304, 96 Stat. 2661 (1983); P.L. 

Subtitle E, § 1052(1), 109 Stat. 719 (1995); P.L. 108–271, § 8(b), 11

(2004) renaming the General Accounting Office the Government Ac

Office.

Report to 

Congress.

42 USC 10225.
gy 

and directed to promulgate regulations, or other appropriat

regulatory guidance, for the training and qualifications of c

power plant operators, supervisors, technicians and othe

operating personnel. Such regulations or guidance shall estab

training requirements for applicants for civilian nuclear 

operator licenses and for operator requalification programs

governing NRC administration of requalification 

requirements for operating tests at civilian nuclear power pla

and instructional requirements for civilian nuclear power 

personnel training programs . Such regulations or oth

guidance shall be promulgated by the Commission within 

period following enactment of this Act, and the Commiss

12-month period following enactment of this Act shall subm

Congress setting forth the actions the Commission has take

to fulfilling its obligations under this section.

Title IV–Nuclear Waste Negotiator22

Sec. 401. Definition

For purposes of this title, the term "State" means each 

States and the District of Columbia.23

Sec. 402. The Office of the Nuclear Waste Negotiator

(a) ESTABLISHMENT–There is established the Office 

Waste Negotiator that shall be an independent establis

executive branch.24

(b) THE NUCLEAR WASTE NEGOTIATOR–

(1) The Office shall be headed by a Nuclear Waste N

shall be appointed by the President, by and with the advic

of the Senate. The Negotiator shall hold office at the p

President, and shall be compensated at the rate provided 

the Executive Schedule in section 5314 of title 5, United 

(2) The Negotiator shall attempt to find a state o

willing to host a repository or monitored retrievable stor

a technically qualified site on reasonable terms and shall 

any State or Indian tribe which expresses an interest 

repository or monitored retrievable storage facility.

Sec. 403. Duties of the Negotiator

(a) NEGOTIATIONS WITH POTENTIAL HOSTS–

(1) The Negotiator shall–

(A) seek to enter into negotiations on behalf 

States, with–

(i) the Governor of any State in which a po

located; and

(ii) the governing body of any Indian tri

reservation a potential site is located; and

(B) attempt to reach a proposed agreement betwe

States and any such State or Indian tribe specifying 

––––––––

22 Added by P.L. 100–203, § 5041, 101 Stat. 1330–243 (1987). 23 Amended by P.L. 97–425, Title IV, § 401, as added by P.L. 100–202

[Title III], 101 Stat. 1329–104, 1329–121 (1987), and P.L. 100–203, 

101 Stat. 1330–243 (1987); P.L. 102–486, Title VIII, § 802(b), 106 S

24 Amended by P.L. 100–507, § 1, 102 Stat 2541 (1988).

g

Report to 

Congress.

42 USC 10241.

42 USC 10242.

President of 

U.S.

42 USC 10243.
State or reservation.

(2) In any case in which State law authorizes any pe

other than the Governor to negotiate a proposed agreem

section on behalf of the State, any reference in this title to 

shall be considered to refer instead to such other person 

(b) CONSULTATION WITH AFFECTED 

SUBDIVISIONS OF STATES, AND TRIBES–In addition t

negotiations under subsection (a), the Negotiator shall con

State, affected unit of local government, or any Indian 

Negotiator determines may be affected by the siting of a 

monitored retrievable storage facility and may include in 

agreement such terms and conditions relating to the interest 

affected units of local government, or Indian tribes as t

determines to be reasonable and appropriate.

(c) CONSULTATION WITH OTHER FEDERAL AG

Negotiator may solicit and consider the comments of the 

Nuclear Regulatory Commission, or any other Federal a

suitability of any potential site for site characterization. N

subsection shall be construed to require the Secretary, 

Regulatory Commission, or any other Federal agency to m

that any such site is suitable for site characterization.

(d) PROPOSED AGREEMENT–(1) The Negotiator shal

Congress any proposed agreement between the United Stat

or Indian tribe negotiated under subsection (a) and an 

assessment prepared under section 404(a) for the site conce

(2) Any such proposed agreement shall contain su

conditions (including such financial and institutional arr

the Negotiator and the host State or Indian tribe de

reasonable and appropriate and shall contain such pro

necessary to preserve any right to participation or com

such State, affected unit of local government, or India

sections 116(c), 117, and 118(b).

(3) (A) No proposed agreement entered into under thi

have legal effect unless enacted into Federal law.

(B) A State or Indian tribe shall enter into an agr

this section in accordance with the laws of such 

Nothing in this section may be construed to prohibit th

of a proposed agreement between a State and the 

under this section by a referendum or an act of the 

such State.

(4) Notwithstanding any proposed agreement under th

Secretary may construct a repository or monitored retri

facility at a site agreed to under this title only if auth

Nuclear Regulatory Commission in accordance with 

Energy Act of 1954 (42 USC 2012 et seq.), title II 

Reorganization Act of 1982 (42 USC 5841 et seq.) and 

applicable to authorization of such construction.

Sec. 404. Environmental Assessment of Sites

(a) IN GENERAL–Upon the request of the Negotiator, 

shall prepare an environmental assessment of any site that is 

negotiations under section 403(a).

(b) CONTENTS–(1) Each environmental assessment p

repository site shall include a detailed statement of the pro

42 USC 10244.
() pp

retrievable storage facility site shall include a detailed st

probable impacts of construction and operation of suc

such site.

(c) JUDICIAL REVIEW–The issuance of an 

assessment under subsection (a) shall be considered to be 

action subject to judicial review in accordance with the 

chapter 7 of title 5, United States Code, section 119.

(d) PUBLIC HEARINGS–(1) In preparing an 

assessment for any repository or monitored retrievable storag

the Secretary shall hold public hearings in the vicinity o

inform the residents of the area in which such site is located 

is being considered and to receive their comments.

(2) At such hearings, the Secretary shall solicit an

recommendations of such residents with respect to issu

be addressed in the environmental assessment re

subsection (a) and the site characterization plan describ

113(b)(1).

(e) PUBLIC AVAILABILITY–Each environmenta

prepared under subsection (a) shall be made available to the 

(f) EVALUATION OF SITES–(1) In preparing an 

assessment under subsection (a), the Secretary shall 

geophysical, geologic, geochemical and hydrologic, and oth

and shall not conduct any preliminary borings or excavatio

that is the subject of such assessment unless–

(A) such preliminary boring or excavation acti

progress on or before the date of the enactment o

Waste Policy Amendments Act of 1987; or

(B) the Secretary certifies that, in the absence o

borings or excavations, adequate information will no

to satisfy the requirements of this Act or any other la

(2) No preliminary boring or excavation conduct

section shall exceed a diameter of 40 inches.

Sec. 405. Site Characterization; Licensing

(a) SITE CHARACTERIZATION–Upon enactment of 

implement an agreement to site a repository negotiated 

403(a), the Secretary shall conduct appropriate site ch

activities for the site that is the subject of such agreement 

conditions and terms of such agreement. Any such site ch

activities shall be conducted in accordance with section 11

references in such section to the Yucca Mountain site an

Nevada shall be deemed to refer to the site that is the 

agreement and the State of Indian tribe entering into the agr

(b) LICENSING–(1) Upon completion of site ch

activities carried out under subsection (a), the Secretary shal

Nuclear Regulatory Commission an application for 

authorization for a repository at such site.

(2) The Nuclear Regulatory Commission shall 

application for a construction authorization for a 

monitored retrievable storage facility in accordance w

applicable to such applications, except that the Nucle

Commission shall issue a final decision approving or dis

issuance of a construction authorization not later than 3 

date of the submission of such application.

42 USC 10245.
legislation to implement an agreement negotiated under sec

site a monitored retrievable storage facility, the Secretary s

and operate such facility as part of an integrated n

management system in accordance with the terms and cond

agreement.

(b) FINANCIAL ASSISTANCE–The Secretary may m

any State, Indian tribe, or affected unit of local governmen

feasibility of siting a monitored retrievable storage facil

section at a site under the jurisdiction of such State, tribe, o

of local government.

Sec. 407. Environmental Impact Statement

(a) IN GENERAL–Issuance of a construction autho

repository or monitored retrievable storage facility under s

shall be considered a major Federal action significantly 

quality of the human environment for purposes of 

Environmental Policy Act of 1969 (42 USC 4321 et seq.)

(b) PREPARATION–A final environmental impact stat

prepared by the Secretary under such Act and shall ac

application to the Nuclear Regulatory Commission for a 

authorization.

(c) ADOPTION–(1) Any such environmental impact st

to the extent practicable, be adopted by the Nuclea

Commission, in accordance with section 1506.3 of title 

Federal Regulations, in connection with the issuance by 

Regulatory Commission of a construction authorization a

such repository or monitored retrievable storage facility.

(2) (A) In any such statement prepared with respect t

to be constructed under this title at the Yucca Moun

Nuclear Regulatory Commission need not consider th

repository, the time of initial availability of a repository, 

to the Yucca Mountain site, or nongeologic alternatives 

(B) In any such statement prepared with respect t

to be constructed under this title at a site other th

Mountain site, the Nuclear Regulatory Commiss

consider the need for a repository, the time of initial 

a repository, or nongeologic alternatives to such 

consider the Yucca Mountain site as alternative to s

preparation of such statement.

Sec. 408. Administrative Powers of the Negotiator

In carrying out his functions under this title, the Negotia

(1) appoint such officers and employees as he det

necessary and prescribe their duties;

(2) obtain services as authorized by section 3109 of 

States Code, at rates not to exceed the rate prescribed fo

of the General Schedule by section 5332 of title 5, Unite

(3) promulgate such rules and regulations as may b

carry out such functions;

(4) utilize the services, personnel, and facilities of 

agencies (subject to the consent of the head of any such 

(5) for purposes of performing administrative functi

title, and to the extent funds are appropriated, enter int

such contracts, leases, cooperative agreements, or other t

may be necessary and on such terms as the Negotiator de

Grants.

42 USC 10247.

42 USC 10248.

Contracts.
() py p, 

the provisions of section 1342 of title 31, United States 

(7) adopt an official seal, which shall be judicially no

(8) use the United States mails in the same manner 

same conditions as other departments and agencies 

States;

(9) hold such hearings as are necessary to determin

interested parties and the general public; and

(10) appoint advisory committees under the Fed

Committee Act (5 USC App.)

Sec. 409. Cooperation of Other Departments and Agenci

Each department, agency, and instrumentality of the U

including any independent agency, may furnish the Ne

information as he determines to be necessary to carry out 

under this title.

Sec. 410. Termination of the Office

The Office shall cease to exist not later than 30 days a

years after the date of the enactment of the Nuclear 

Amendments Act of 1987.25

Sec. 411. Authorization of Appropriations

Notwithstanding subsection (d) of section 302, an

subsection (e) of such section, there are authorized to be ap

expenditures from amounts in the Waste Fund established 

(c) of such section, such sums as may be necessary to 

provisions of this title.

Title V–Nuclear Waste Technical Review Boar

Sec. 501. Definitions

As used in this title:

(1) The term "Chairman" means the Chairman of the N

Technical Review Board.

(2) The term "Board" means the Nuclear Waste Tec

Board established under section 502.

Sec. 502. Nuclear Waste Technical Review Board

(a) ESTABLISHMENT–There is established a N

Technical Review Board that shall be an independent establi

the executive branch.

(b) MEMBERS–(1) The Board shall consist of 11 memb

be appointed by the President not later than 90 days after t

enactment of the Nuclear Waste Policy Amendments Act 

among persons nominated by the National Academy o

accordance with paragraph (3).

(2) The President shall designate a member of the B

as chairman.

(3) (A) The National Academy of Sciences shall, no

days after the date of the enactment of the Nuclear 

Amendments Act of 1987, nominate not less than 2

appointment to the Board from among persons w

qualifications described in subparagraph (C).

––––––––

25 Amended by P.L. 102–486, 106 Stat. 2923 (1992). 26 Added by P.L. 100–203, § 5051, 101 Stat. 1330–248 (1987).

42 USC 10249.

42 USC 10250.

42 USC 10251.

2 USC 10261.

2 USC 10262.

President of 

U.S.

President of 

U.S.
who meet the qualifications described in subparagrap

(C) (i) Each person nominated for appointment 

shall be–

(I) eminent in a field of science or engineer

environmental sciences; and

(II) selected solely on the basis of establis

distinguished service.

(ii) The membership of the Board shall be rep

the broad range of scientific and engineering disc

to activities under this title.

(iii) No person shall be nominated for appo

Board who is an employee of–

(I) the Department of Energy;

(II) a national laboratory under contr

Department of Energy; or

(III) an entity performing high-level radi

or spent nuclear fuel activities under cont

Department of Energy.

(4) Any vacancy on the Board shall be filled by the n

appointment process described in paragraphs (1) and (3)

(5) Members of the Board shall be appointed for ter

each such term to commence 120 days after the date of 

the Nuclear Waste Policy Amendments Act of 1987, exc

11 members first appointed to the Board, 5 shall serve f

6 shall serve for 4 years, to be designated by the Presid

of appointment.

Sec. 503. Functions

The Board shall evaluate the technical and scientif

activities undertaken by the Secretary after the date of the en

Nuclear Waste Policy Amendments Act of 1987, including–

(1) site characterization activities; and

(2) activities relating to the packaging or transport

level radioactive waste or spent nuclear fuel.

Sec. 504. Investigatory Powers

(a) HEARINGS–Upon request of the Chairman or a m

members of the Board, the Board may hold such hearings, 

such times and places, take such testimony, and receive suc

the Board considers appropriate. Any member of the 

administer oaths or affirmations to witnesses appearing befo

(b) PRODUCTION OF DOCUMENTS–(1) Upon the 

Chairman or a majority of the members of the Board, a

existing law, the Secretary (or any contractor of the Se

provide the Board with such records, files, papers, data, or i

may be necessary to respond to any inquiry of the Board un

(2) Subject to existing law, information obtainable un

(1) shall not be limited to final work products of the Secre

include drafts of such products and documentation of wo

Sec. 505. Compensation of Members

(a) IN GENERAL–Each member of the Board shall be p

of pay payable for level III of the Executive Schedule 

(including travel time) such member is engaged in the work 

(b) TRAVEL EXPENSES–Each member of the Board 

travel expenses, including per diem in lieu of subsistence

42 USC 10263.

42 USC 10264.

42 USC 10265.
(a) CLERICAL STAFF–(1) Subject to paragraph (2), 

may appoint and fix the compensation of such clerical st

necessary to discharge the responsibilities of the Board.

(2) Clerical staff shall be appointed subject to the pro

5, United States Code, governing appointments in th

service, and shall be paid in accordance with the provisi

51 and subchapter III of chapter 53 of such titl

classification and General Schedule pay rates.

(b) PROFESSIONAL STAFF.–(1) Subject to paragraph

the Chairman may appoint and fix the compensation of suc

staff as may be necessary to discharge the responsibilities o

(2) Not more than 10 professional staff members may 

under this subsection.

(3) Professional staff members may be appointed wit

the provisions of title 5, United States Code, governing 

in the competitive service, and may be paid without 

provisions of chapter 51 and subchapter III of chapter 5

relating to classification and General Schedule pay rate

no individual so appointed may receive pay in excess of t

of basic pay payable of GS-18 of the General Schedule.

Sec. 507. Support Services

(a) GENERAL SERVICES–To the extent permitted 

requested by the Chairman, the Administrator of General 

provide the Board with necessary administrative services 

support on a reimbursable basis.

(b) ACCOUNTING, RESEARCH, AND TE

ASSESSMENT SERVICES–The Comptroller General, th

Congress, and the Director of the Office of Technology Ass

to the extent permitted by law and subject to the availab

provide the Board with such facilities, support, funds 

including staff, as may be necessary for the effective perfo

functions of the Board.

(c) ADDITIONAL SUPPORT–Upon the request of the 

Board may secure directly from the head of any departmen

the United States information necessary to enable it to carry 

(d) MAILS–The Board may use the United States mai

manner and under the same conditions as other departments 

of the United States.

(e) EXPERTS AND CONSULTANTS–Subject to such 

be prescribed by the Board, the Chairman may procure t

intermittent services under section 3109(b) of title 5 of the 

Code, but at rates for individuals not to exceed the daily equ

maximum annual rate of basic pay payable for GS-18 o

Schedule.

Sec. 508. Report

The Board shall report not less than 2 times per year to 

the Secretary its findings, conclusions, and recommendati

such report shall be submitted not later than 12 months after 

enactment of the Nuclear Waste Policy Amendments Act of 

Sec. 509. Authorization of Appropriations

Notwithstanding subsection (d) of section 302, an

subsection (e) of such section, there are authorized to be ap

expenditures from amounts in the Waste Fund established 

42 USC 10267.

42 USC 10268.

42 USC 10269.
Sec. 510. Termination of the Board

The Board shall cease to exist not later than 1 year after 

which the Secretary begins disposal of high-level radioactiv

spent nuclear fuel in a repository.

42 USC 10270.
Title VIII–High-Level Radioactive Waste

Sec. 801. Nuclear Waste Disposal

(a) ENVIRONMENTAL PROTECTION AGENCY ST

(1) PROMULGATION–Notwithstanding the provisi

121(a) of the Nuclear Waste Policy Act of 1982 (42 U

section 161b. of the Atomic Energy Act of 1954 (42 U

and any other authority of the Administrator of the E

Protection Agency to set generally applicable standards 

Mountain site, the Administrator shall, based upon and c

the findings and recommendations of the National 

Sciences, promulgate, by rule, public health and safety 

protection of the public from releases from radioactive m

or disposed of in the repository at the Yucca Mount

standards shall prescribe the maximum annual e

equivalent to individual members of the public from r

accessible environment from radioactive materials store

of in the repository. The standards shall be promulgated 

one year after the Administrator receives the 

recommendations of the National Academy of Sc

paragraph (2) and shall be the only such standards app

Yucca Mountain site.

(2) STUDY BY NATIONAL ACADEMY OF 

Within 90 days after the date of the enactment of 

Administrator shall contract with the National Academy 

conduct a study to provide, by not later than Decem

findings and recommendations on reasonable standards 

of the public health and safety, including –

(A) whether a health-based standard based u

individual members of the public from releases to 

environment (as that term is defined in the regulation

subpart B of Part 191 of title 40, Code of Federal R

in effect on November 18, 1985) will provide a reaso

for protection of the health and safety of the general 

(B) whether it is reasonable to assume that a sy

closure oversight of the repository can be develope

active institutional controls, that will prevent an unr

of breaching the repository's engineered or geolog

increasing the exposure of individual members of 

radiation beyond allowable limits; and

(C) whether it is possible to make scientificall

predictions of the probability that the repository's 

geologic barriers will be breached as a result of hu

over a period of 10,000 years.

(3) APPLICABILITY–The provisions of this section 

the Yucca Mountain site, rather than any other aut

Administrator to set generally applicable standards 

protection.

(b) NUCLEAR REGULATORY COMMISSION REQ

AND CRITERIA.–

––––––––

1 This Act consists of P.L. 102–486, 106 Stat. 2921 (1992), and genera

Title 42, United States Code.

42 USC 10141 

note.
Regulatory Commission shall, by rule, modify 

requirements and criteria under section 121(b) of the n

Policy Act of 1982 942 USC 10141(b)), as necessary, to 

with the Administrator's standards promulgated under su

(2) REQUIRED ASSUMPTIONS–The 

requirements and criteria shall assume, to the extent cons

findings and recommendations of the National Academ

that, following repository closure, the inclusion of engin

and the Secretary's post-closure, oversight of the Yucca 

in accordance with the subsection (c), shall be sufficient 

(A) prevent any activity at the site that poses an 

risk of breaching the repository's engineered or geo

and

(B) prevent any increase in the exposure of indivi

of the public to radiation beyond allowable limits.

(c) POST-CLOSURE OVERSIGHT–Following reposito

Secretary of Energy shall continue to oversee the Yucca M

prevent any activity at the site that poses an unreasonable ri

(1) breaching the repository's engineered or geologic 

(2) increasing the exposure of individual members o

radiation beyond allowable limits.

Sec. 803. Nuclear Waste Management Plan

(a) PREPARATION AND SUBMISSION OF R

Secretary of Energy, in consultation with the Nuclea

Commission and the Environmental Protection Agency, sha

submit to the Congress a report on whether current program

management of nuclear waste as mandated by the Nuclear 

Act of 1982 (42 USC 10101 et seq.) are adequate for mana

additional volumes or categories of nuclear waste that migh

by any new nuclear power plants that might be constructed 

after the date of the enactment of this Act. The Secretary sh

report for submission to the President and the Congress with

the date of the enactment of this Act. The report shall exa

relevant issues related to management of spent nuclear fuel 

radioactive waste that might be raised by the addition of 

generated electric capacity, including anticipated increase

spent nuclear fuel or high-level radioactive waste, any need 

interim storage capacity prior to final disposal, transportation 

volumes of waste, and any need for additional reposito

geologic disposal.

(b) OPPORTUNITY FOR PUBLIC COMMENT–In pre

report required under subsection (a), the Secretary of Ener

members of the public an opportunity to provide information 

and shall solicit the views of the Nuclear Regulatory Co

Environmental Protection Agency, and other interested part

(c) AUTHORIZATION OF APPROPRIATIONS–There 

authorized to be appropriated such sums as may be necessar

this section.

42 USC 10101 

note.
(

Sec. 3116. Defense Site Acceleration Completion1

(a) IN GENERAL.–Notwithstanding the provisions o

Waste Policy Act of 1982, the requirements of section 202 

Reorganization Act of 1974, and other laws that defi

radioactive waste, with respect to material stored at a D

Energy site at which activities are regulated by a covered Sta

approved closure plans or permits issued by the State, the ter

radioactive waste" does not include radioactive waste resu

reprocessing of spent nuclear fuel that the Secretary of E

section referred to as the "Secretary"), in consultation wit

Regulatory Commission (in this section referred to as the "C

determines–

(1) does not require permanent isolation in a d

repository for spent fuel or high-level radioactive waste;

(2) has had highly radioactive radionuclides rem

maximum extent practical; and 

(3)(A) does not exceed concentration limits for Clas

waste as set out in section 61.55 of title 10, Cod

Regulations, and will be disposed of–

(i) in compliance with the performance objecti

subpart C of part 61 of title 10, Code of Federal Reg

(ii) pursuant to a State-approved closure plan o

permit, authority for the approval or issuance of whic

on the State outside of this section; or

(B) exceeds concentration limits for Class C low-

set out in section 61.55 of title 10, Code of Federal Re

will be disposed of–

(i) in compliance with the performance objecti

subpart C of part 61 of title 10, Code of Federal Reg

(ii) pursuant to a State-approved closure plan o

permit, authority for the approval or issuance of whic

on the State outside of this section; and

(iii) pursuant to plans developed by the 

consultation with the Commission.

(b) MONITORING BY NUCLEAR RE

COMMISSION.–

(1) The Commission shall, in coordination with the 

monitor disposal actions taken by the Department of En

to subparagraphs (A) and (B) of subsection (a)(3) for t

assessing compliance with the performance objectiv

subpart C of part 61 of title 10, Code of Federal Regulat

(2) If the Commission considers any disposal action

Department of Energy pursuant to those subparagraph

compliance with those performance objectives, the Com

as soon as practicable after discovery of the noncomplia

inform the Department of Energy, the covered State, and 

congressional committees:

(A) The Committee on Armed Services, the C

Energy and Commerce, and the Committee on App

the House of Representatives.

––––––––

1 See slip law at P.L. 108–375, Division C, Title XXXI, § 3116, 118 S

50 USC 2601

note.
Public Works, and the Committee on Appropriations 

(3) For fiscal year 2005, the Secretary shall, f

available for defense site acceleration completion, r

Commission for all expenses, including salaries, that th

incurs as a result of performance under subsection 

subsection for fiscal year 2005. The Department of E

Commission may enter into an interagency agreement tha

method of reimbursement. Amounts received by the Co

performance under subsection (a) and this subsection m

and used for salaries and expenses associated with th

notwithstanding section 3302 of title 31, United States C

remain available until expended.

(4) For fiscal years after 2005, the Commission shall 

budget justification materials submitted to Congress in 

Commission budget for that fiscal year (as submitted w

of the President under section 1105(a) of title 31, United 

the amounts required, not offset by revenues, for perfo

subsection (a) and this subsection.

(c) INAPPLICABILITY TO CERTAIN MATERIALS

(a) shall not apply to any material otherwise covered by th

that is transported from the covered State.

(d) COVERED STATES.–For purposes of this section, 

States are covered States:

(1) The State of South Carolina.

(2) The State of Idaho.

(e) CONSTRUCTION.–

(1) Nothing in this section shall impair, alter, or m

implementation of any Federal Facility Agreement and C

or other applicable consent decree for a Department of E

(2) Nothing in this section establishes any preceden

on the State of Washington, the State of Oregon, or any 

covered by subsection (d) for the management, storage, 

disposition of radioactive and hazardous materials.

(3) Nothing in this section amends the definition o

waste" or regulations for repository disposal of tran

pursuant to the Waste Isolation Pilot Plant Land With

part 191 of title 40, Code of Federal Regulations.

(4) Nothing in this section shall be construed to affe

the obligations of the Department of Energy to comply 

4306A of the Atomic Energy Defense Act (50 U.S.C. 25

(5) Nothing in this section amends the West Valley D

Act (42 U.S.C. 2121a note).

(f) JUDICIAL REVIEW.–Judicial review shall be 

accordance with chapter 7 of title 5, United States Code, for 

(1) Any determination made by the Secretary or any 

action taken by the Secretary pursuant to this section.

(2) Any failure of the Commission to carry out its r

under subsection (b).
Sec. 631. Safe Disposal of Greater-Than-Class C Radioa

(a) RESPONSIBILITY FOR ACTIVITIES TO PROVID

FACILITY.–The Secretary shall provide to Congress offici

of the final designation of an entity within the Departmen

responsibility of completing activities needed to provide 

safely disposing of all greater-than-Class C low-level radioa

(b) REPORTS AND PLANS.–

(1) REPORT ON PERMANENT DISPOSAL FACI

(A) PLAN REGARDING COST AND SCH

COMPLETION OF EIS AND ROD.–Not later th

the date of enactment of this Act, the Secretary, i

with Congress, shall submit to Congress a report 

estimate of the cost and a proposed schedule to 

environmental impact statement and record of 

permanent disposal facility for greater-than-Class 

waste.

(B) ANALYSIS OF ALTERNATIVES

Secretary makes a final decision on the disposal 

alternatives to be implemented, the Secretary sha

(i) submit to Congress a report that 

alternatives under consideration, including a

required in the comprehensive rep

recommendations for ensuring the safe d

greater-than-Class C low-level radioactive w

submitted by the Secretary to Congress in F

and

(ii) await action by Congress.

(2) SHORT-TERM PLAN FOR RECOVERY AND 

(A) IN GENERAL.–Not later than 180 days 

of enactment of this Act, the Secretary shall subm

a plan to ensure the continued recovery and stora

than-Class C low-level radioactive sealed sourc

security threat until a permanent disposal facility 

(B) CONTENTS.–The plan shall address e

resource, and facility needs.

––––––––

1 Added by P.L. 109–58, 119 Stat. 788 (2005).

Notification.

Deadline.

8. Uranium Mill Tailings
8
A. URANIUM MILL TAILINGS RADIATION CONTROL 

1978, AS AMENDED ...............................................................

Sec. 1. Short Title and Table of Contents...............................

Sec. 2. Findings and Purposes.................................................

Title I–Remedial Action Program.......................................................

Sec. 101. Definitions .................................................................

Sec. 102. Designation of Processing Sites ...............................

Sec. 103. State Cooperative Agreements ................................

Sec. 104. Acquisition and Disposition of Lands and Materia

Sec. 105. Indian Tribe Cooperative Agreements...................

Sec. 106. Acquisition of Lands by Secretary ..........................

Sec. 107. Financial Assistance .................................................

Sec. 108. Remedial Action........................................................

Sec. 109. Rules ..........................................................................

Sec. 110. Enforcement..............................................................

Sec. 111. Public Participation..................................................

Sec. 112. Termination: Authorization ....................................

Sec. 113. Limitation..................................................................

Sec. 114. Reports to Congress..................................................

Sec. 115. Active Operations: Liability for Remedial Action.

Title II–Uranium Mill Tailings Licensing and Regulation ...............

Sec. 201. Definition...................................................................

Sec. 202. Custody of Disposal Site...........................................

Sec. 203. Authority to Establish Certain Requirements .......

Sec. 204. Cooperation with States...........................................

Sec. 205. Authorities of Commission Respecting Certain 

Byproduct Material...................................................

Sec. 206. Authority of Environmental Protection Agency 

Respecting Certain Byproduct Material .................

Sec. 207. Authorization of Appropriation for Grants...........

Sec. 208. Effective Date............................................................

Sec. 209. Consolidation of Licenses and Procedures.............

Title III–Study and Designation of Two Mill Tailings Sites in New 

Mexico.....................................................................................

Sec. 301. Study..........................................................................

Sec. 302. Designation by Secretary .........................................

B. PERTINENT PROVISIONS OF THE ENERGY POLICY 

1992—(REMEDIAL ACTION AND URANIUM 

REVITALIZATION) ...............................................................

Title X–Remedial Action and Uranium Revitalization.....................

Subtitle A–Remedial Action at Active Processing Sites....................

Sec. 1001. Remedial Action Program .....................................

Sec. 1002. Regulations..............................................................

Sec. 1003. Authorization of Appropriations...........................

Sec. 1004. Definitions ...............................................................

Subtitle B–Uranium Revitalization.....................................................
Sec. 1013. Sale of Remaining DOE Inventories.....................

Sec. 1014. Responsibility for the Industry..............................

Sec. 1015. Annual Uranium Purchase Reports......................

Sec. 1016. Uranium Inventory Study......................................

Sec. 1017. Regulatory Treatment of Uranium Purchases.....

Sec. 1018. Definitions ...............................................................

C. NATIONAL DEFENSE AUTHORIZATION FISCAL 

2001—(PROVISIONS PERTAINING TO REMEDIAL 

AT MOAB SITE)......................................................................

Title XXXIV–Naval Petroleum Reserves...........................................

Sec. 3403. Disposal of Oil Shale Reserve Numbered 2 ..........
Public Law 95–604 

November 8, 1978

An Act

Sec. 1. Short Title and Table of Contents

This Act may be cited as the "Uranium Mill Tailings Rad

Act of 1978." (TOC not duplicated here.)

Sec. 2. Findings and Purposes

(a) The Congress finds that uranium mill tailings located 

inactive mill operations may pose a potential and signifi

health hazard to the public, and that the protection of the 

safety, and welfare and the regulation of interstate commer

every reasonable effort be made to provide for the stabiliza

and control in a safe and environmentally sound manner of s

order to prevent or minimize radon diffusion into the enviro

prevent or minimize other environmental hazards from such 

(b) The purposes of this Act are to provide–

(1) in cooperation with the interested States, Indian 

persons who own or control inactive mill tailings sites, 

assessment and remedial action at such sites, incl

appropriate, the reprocessing of tailings to extract residua

other mineral values where practicable, in order to stabili

such tailings in a safe and environmentally sound m

minimize or eliminate radiation health hazards to the pu

(2) a program to regulate mill tailings during uraniu

ore processing at active mill operations and after termin

operations in order to stabilize and control such tailings 

environmentally sound manner and to minimize or elim

health hazards to the public.

Title I–Remedial Action Program

Sec. 101. Definitions

For purposes of this title–

(1) The term "Secretary" means the Secretary of Ene

(2) The term "Commission" means the Nuclea

Commission.

(3) The term "Administrator" means the Admini

Environmental Protection Agency.

(4) The term "Indian tribe" means any tribe, band

pueblo, or community of Indians recognized as eligibl

provided by the Secretary of the Interior to Indians.

(5) The term "person" means any individual 

partnership, corporation, firm, joint venture, trust, gove

and any other entity, except that such term does not inclu

or Indian tribe.

(6) The term "processing site" means–

(A) any site, including the mill, containing residu

materials at which all or substantially all of the 

produced for sale to any Federal agency prior to Ja

42 USC 7901.

42 USC 7911.
(i) such site was owned or controlled as of Ja

or is thereafter owned or controlled by any Feder

(ii) a license (issued by the Commission or i

agency under the Atomic Energy Act of 1954 or 

permitted under section 274 of such Act) for the 

such site of any uranium or thorium product deri

is in effect on January 1, 1978, or is issued or 

such date; and

(B) any other real property or improvement there

(i) is in the vicinity of such site, and

(ii) is determined by the Secretary, in consult

Commission, to be contaminated with residu

materials derived from such site.

Any ownership or control of an area by a Federal agency wh

pursuant to a cooperative agreement under this title shall no

ownership or control by such agency for purposes of subpar

A license for the production of any uranium product 

radioactive materials shall not be treated as a license for pr

ores within the meaning of subparagraph (A)(ii) if such pr

accordance with section 108(b).

(7) The term "residual radioactive material" means–

(A) waste (which the Secretary determines to be r

the form of tailings resulting from the processing o

extraction of uranium and other valuable constituen

and

(B) other waste (which the Secretary deter

radioactive) at a processing site which relate to suc

including any residual stock of unprocessed ores 

materials.

(8) The term "tailings" means the remaining portio

bearing ore after some or all of such metal, such as uran

extracted.

(9) The term "Federal agency" includes any execut

defined in section 105 of title 5 of the United States Cod

(10) The term "United States" means the 48 contigu

Alaska, Hawaii, Puerto Rico, the District of Colum

territories and possessions of the United States.

Sec. 102. Designation of Processing Sites

(a)(1) As soon as practicable, but no later than one year a

of this Act, the Secretary shall designate processing sites 

following locations:

Salt Lake City, Utah

Green River, Utah

Mexican Hat, Utah

Durango, Colorado

Grand Junction, Rifle, Colorado (two sites)

Gunnison, Colorado

Naturita, Colorado

Maybell, Colorado

Slick Rock, Colorado (two sites)

Shiprock, New Mexico

Ambrosia Lake, New Mexico

Riverton, Wyoming

Converse County, Wyoming

42 USC 2011 

note.

42 USC 2021.

42 USC 7912.
y, 

Monument Valley, Arizona

Lowman, Idaho

Canonsburg, Pennsylvania

Subject to the provisions of this title, the Secretary shall com

action at the above listed sites before his authority termina

title. The Secretary shall within one year of the date of ena

Act also designate all other processing sites within the Unite

he determines requires remedial action to carry out the pu

title. In making such designation, the Secretary shall con

Administrator, the Commission, and the affected States, and 

Indian lands, the appropriate Indian tribe and the Secretary o

(2) As part of his designation under this subsection, 

in consultation with the Commission, shall determine t

of each such site.

(3) No site or structure with respect to which reme

authorized under Public Law 92-314 in Grand Junction, C

be designated by the Secretary as a processing site unde

(b) Within one year from the date of the enactment o

Secretary shall assess the potential health hazard to the pu

residual radioactive materials at designated processing site

such assessment, the secretary shall, within such one year pe

priorities for carrying out remedial action at each such site. I

such priorities, the Secretary shall rely primarily on the 

Administrator.

(c) Within thirty days after making designations of proce

establishing the priorities for such sites under this section, 

shall notify the Governor of each affected State, and wher

the Indian tribes and the Secretary of the Interior.

(d) The designations made, and priorities established, by 

under this section shall be final and not be subject to judicia

(e)(1) The designation of processing sites within o

enactment under this section shall include, to the max

practicable, the areas referred to in section 101(6)(B).

(2) Notwithstanding the one year limitation cont

section, the Secretary may, after such one year period

areas described in section 101(6)(B) as part of a p

designated under this section if he determines such in

appropriate to carry out the purposes of this title.

(3)1 The Secretary shall designate as a processing s

meaning of section 101(6) any real property, or improvem

in Edgemont, South Dakota, that–

(A) is in the vicinity of the Tennessee Valley Auth

mill site at Edgemont (but not including such site), a

(B) is determined by the Secretary to be conta

residual radioactive materials.

(f)(1) DESIGNATION. Notwithstanding any other pro

the Moab uranium milling site (referred to in this subsection 

site") located approximately three miles northwest of Mo

identified in the Final Environmental Impact Statement 

Nuclear Regulatory Commission in March 1996 in con

Source Materials License No. SUA-917, is designated as a p

––––––––

1 Added by P.L. 97–415, 96 Stat. 2079 (1983).

Remedial 

action.

Health hazard 

assessment.

Notification.

42 USC 7911.
designated under subsection (a), except that

(A) sections 103, 104(b), 107(a), 112(a), and 115

shall not apply; and

(B) a reference in this title to the date of the ena

Act shall be treated as a reference to the date of the 

this subsection [enacted October 30, 2000].

(3) REMEDIATION. Subject to the availability of a

for this purpose, the Secretary shall conduct remediatio

site in a safe and environmentally sound manner th

consideration the remedial action plan prepared pursu

3405(i) of the Strom Thurmond National Defense Auth

for Fiscal Year 1999 (10 USC 7420 note; Public L

including–

(A) ground water restoration; and

(B) the removal, to a site in the State of Utah, 

disposition and any necessary stabilization, of residu

material and other contaminated material from the M

the floodplain of the Colorado River.2

In making the designation under this paragraph, the S

consult with the Administrator, the Commission and the S

Dakota. The provisions of this title shall apply to the site so 

the same manner and to the same extent as to the sites des

subsection (a) except that, in applying such provisions to 

reference in this title to the date of enactment of this Act s

as a reference to the date of the enactment of this para

determining the State share under section 107 of the cost

action, there shall be credited to the State, expenditures mad

prior to the date of the enactment of this paragraph which 

determines would have been made by the State or the Un

carrying out the requirements of this title.

Sec. 103. State Cooperative Agreements

(a) After notifying a State of the designation referred to 

of this title, the Secretary subject to section 113, is authorize

cooperative agreement with such State to perform remedial a

designated processing site in such State (other than a sit

Indian lands referred to in section 105). The Secretary shall, 

extent practicable, enter into such agreements and carry out 

actions in accordance with the priorities established by him 

102. The Secretary shall commence preparations for 

agreements with respect to each designated processing site a

practicable following the designation of each site.

(b) Each cooperative agreement under this section shal

terms and conditions as the Secretary deems appropriate 

with the purposes of this Act, including, but not limited to, a 

the use of Federal assistance to those costs which are direc

complete the remedial action selected pursuant to section 10

(c)(1) Except where the State is required to acquire the p

as provided in subsection (a) of section 104, each cooperat

with a State under section 103 shall provide that the State s

a form prescribed by the Secretary, written consent from 

holding any record interest in the designated processing 

––––––––

2 Amended by P.L. 106–398, § 1, 114 Stat. 1654 (2000).

42 USC 7917.

42 USC 7913.

Terms and 

Conditions.

Written 

consent.
() y 

on behalf of himself, herself, his heirs, successors, and a

(A) releasing the United States of any liability or 

by such person, his heirs, successors, and assigns co

remedial action, and

(B) holding the United States harmless against 

such person on behalf of himself, his heirs, successo

arising out of the performance of any remedial action

(d) Each cooperative agreement under this section sha

State to assure that the Secretary, the Commission, and the 

and their authorized representatives have a permanent right 

time to inspect the processing site and the site provided purs

104(b)(1) in furtherance of the provisions of this title and to 

agreement and enforce this Act and any rules prescribed u

Such right of entry under this section or section 106 into an 

in section 101(6)(B) shall terminate on completion of the re

as determined by the Secretary.

(e) Each agreement under this section shall take effect 

concurrence of the Commission with the terms and conditio

(f) The Secretary may, in any cooperative agreement 

section or section 105, provide for reimbursement of the a

determined by the Secretary, of any remedial action pe

respect to so much of a designated processing site as is descr

101(6)(B). Such reimbursement shall be made only to a prop

record at the time such remedial action was undertaken a

respect to costs incurred by such property owner. No such r

may be made unless–

(1) such remedial action was completed prior to ena

Act, and unless the application for such reimburse was 

owner within one year after a agreement under this sect

105 is approved by the Secretary and the Commission, a

(2) the Secretary is satisfied that such action adequ

the purposes of this Act with respect to the site con

consistent with the standards established by the Administ

to section 275(a) of the Atomic Energy Act of 1954.

Sec. 104. Acquisition and Disposition of Lands and Mate

(a) Each cooperative agreement under section 103 sha

State where determined appropriate by the Secretary with th

of the Commission, to acquire any designated processing 

where appropriate any interest therein. In determining whe

the State to acquire a designated processing site or in

consideration shall be given to the prevention of windfall pr

(b)(1) If the Secretary with the concurrence of the 

determines that removal of residual radioactive material from 

site is appropriate, the cooperative agreement shall provide 

shall acquire land (including, where appropriate, any interes

used as a site for the permanent disposition and stabiliz

residual radioactive materials in a safe and environmentally s

(2) Acquisition by the State shall not be requir

subsection if a site located on land controlled by the Secr

available by the Secretary of the Interior pursuant to sec

is designated by the Secretary, with the concurr

Commission, of such disposition and stabilization.

42 USC 7914.

Residual 

radioactive 

material, 

removal.
(1) that portion of the processing site which is descri

101(6)(A), and

(2) the site used for disposition of the residual radioac

(d) In the case of each processing site designated under 

than a site designated on Indian land, the State shall take 

may be necessary, and pursuant to regulations of the Secret

subsection, to assure that any person who purchases such a p

after the removal of radioactive materials from such site sh

in any appropriate manner prior to such purchase, of the nat

of residual radioactive materials removed from site, includin

date when such action took place, and the condition of such 

action. If the State is the owner if such site, the State shall 

prospective purchaser before entering into a contract, op

arrangement to sell or otherwise dispose of such site. The S

issue appropriate rules and regulations to require notice in 

records of the residual radioactive materials which were l

processing site and notice of the nature and extent of residu

materials removed from the site, including notice of the da

action took place. For purposes of this subsection, the term “

include any property described in section 101(6)(B) of this 

in a State which the Secretary has certified has a program 

achieve the purposes of this subsection.3

(e)(1) The terms and conditions of any cooperative agr

State under section 103 shall provide that in the case of 

interests therein acquired by the State pursuant to subsection 

with the concurrence of the Secretary and the Commission, 

(A) sell such lands and interests,

(B) permanently retain such land and interests 

donate such lands and interests therein to another 

entity within such State) for permanent use by such 

solely for park, recreational, or other public purpose

(C) transfer such lands and interest to the Un

provided in subsection (f).

No lands may be sold under subparagraph (A) without 

the Secretary and the Commission. No site may be 

subparagraph (A) or retained under subparagraph (B) if su

for the disposition of residual radioactive materials.

(2) Before offering for sale any lands and interests 

comprise a processing site, the State shall offer to sell s

interests at their fair market value to the person from w

acquired them.

(f)(1) Each agreement under section 103 shall provide th

(A) the residual radioactive materials subject to t

and

(B) any lands and interests therein which have bee

the State, under subsection (a) or (b), for the dispo

materials, shall be transferred by the State to the S

the Secretary (with the concurrence of the Commissio

that remedial action is completed in accordan

requirements imposed pursuant to this title. No pay

made in connection with the transfer of such prope

appropriated for purposes of this Act other than pay

––––––––

3 Amended by P.L. 104–259, § 4(a), 110 Stat. 3174 (1996).

Notification.

Rules and 

regulations.
() y y ppy 

this subsection shall be assumed by the Secretary or 

agency as the President may designate. Notwithstand

provision of law, upon completion of the remedial ac

authorized by this title, such property and minerals shall 

pursuant to a license issued by the Commission in such m

protect the public health, safety, and the environment. Th

may, pursuant to such license or by rule or order, require 

or other Federal agency having custody of such property 

to undertake such monitoring, maintenance, and emerge

necessary to protect public health and safety and other 

Commission deems necessary to comply with the standa

275(a) of the Atomic Energy Act of 1954. The Secretary 

Federal agency is authorized to carry out maintenance, m

emergency measures under this subsection, but shall 

action pursuant to such license, rule or order with re

property and minerals unless expressly authorized by C

the date of enactment of this Act. The United States sha

title to property or interest therein acquired under this sub

person or State, except as provided in subsection (h).

(g) Each agreement under section 103 which perm

described in subsection (e)(1)(A) shall provide for 

reimbursement to the Secretary form the proceeds of su

reimbursement shall be in an amount equal to the lesser of–

(1) that portion of the fair market value of the land

therein which bears the same ratio to such fair marke

Federal share of the costs of acquisition by the State to 

interest therein bears to the total cost of such acquisition

(2) the total amount paid by the Secretary with re

acquisition.

The fair market value of such lands or interest shall be dete

Secretary as of the date of the sale by the State. Any amoun

the Secretary under this title shall be deposited in the Tr

United States as miscellaneous receipts.

(h) No provision of any agreement under section 103 sha

Secretary of the Interior, with the concurrence of the Secret

and the Commission, from disposing of any subsurface min

sale or lease (in accordance with laws of the United States 

the sale, lease, or other disposal of such rights) which are a

land on which residual radioactive materials are disposed 

transferred to the United States as required under this 

Secretary of the Interior takes such action as the Comm

necessary pursuant to a license issued by the Commission 

the residual radioactive materials will not be disturbed by 

activity carried on following such disposition. If any such 

disturbed by any such activity, the Secretary of the Interio

prior to the disposition of the minerals, that such materials w

to a safe and environmentally sound condition as deter

Commission, and that the costs of such restoration will be 

person acquiring such rights from the Secretary of the Interi

successor or assign.

Sec. 105. Indian Tribe Cooperative Agreements 

(a) After notifying the Indian tribe of the designatio

section 102 of this title, the Secretary, in consultation with 

Fair market 

value.

42 USC 7915.
designated processing site located on land of such Indi

Secretary shall, to the greatest extent practicable, ent

agreements and carry out such remedial actions in accord

priorities established by him under section 102. In pe

remedial action under this section and in carrying out a

monitoring or maintenance respecting residual radioact

associated with any site subject to a cooperative agreem

section, the Secretary shall make full use of any qualifie

Indian tribes resident in the vicinity of any such site. Each su

shall contain such terms and conditions as the Secretary deem

and consistent with the purpose of this Act. Such terms a

shall require the following:

(1) The Indian tribe and any person holding any in

land shall execute a waiver (A) releasing the United 

liability or claim thereof by such tribe or person con

remedial action and (B) holding the United States harmle

claim arising out of the performance of any such remedi

(2) The remedial action shall be selected and 

accordance with section 108 by the Secretary or such per

designate.

(3) The Secretary, the Commission, and the Administ

authorized representatives shall have a permanent right o

time to inspect such processing site in furtherance of the 

this title, to carry out such agreement, and to enfo

prescribed under this Act.

Each agreement under this section shall take effe

concurrence of the Commission with the terms and conditio

(b) When the Secretary with the concurrence of the 

determines removal of residual radioactive materials from a p

on land described on subsection (a) to be appropriate, he 

consistent with other applicable provisions of law, a site o

permanent disposition and stabilization in a safe and en

sound manner of such residual radioactive materials. Such m

be transferred to the Secretary (without payment therefor by 

and permanently retained and maintained by the Secret

conditions established in a license issued by the commissi

section 104(f)(2) and (h).

Sec. 106. Acquisition of Lands by Secretary

Where necessary or appropriate in order to consolidate 

environmentally sound manner the location of residua

materials which are removed from processing sites unde

agreements under this title or where otherwise necessary for 

disposition and stabilization of such materials in such mann

(1) the Secretary may acquire land and interest in 

purposes by purchase, donation, or under any other authorit

(2) the Secretary of the Interior may transfer perm

Secretary to carry out the purposes of this Act, public la

jurisdiction of the Bureau of Land Management in t

processing sites in the following counties:

(A) Apache County in the State of Arizona;

(B) Mesa, Gunnison, Moffat, Montrose, Garf

Miguel Counties in the State of Colorado;

(C) Boise County in the State of Idaho;

Terms and 

conditions.

42 USC 7916.

Uranium Mill 

Tailings 

Remedial Action 

Amendments 

Act of 1988.

42 USC 7901 

note.

Public lands.

State listing.
() 

(F) Converse and Frement Counties in the State 

and

(G) Any other county in the vicinity of a proces

site in the county in which a processing site is locate

Any permanent transfer of lands under the jurisdiction 

of Land Management by the Secretary of the Interior to the S

not take place until the Secretary complies with the requir

National Environmental Policy Act (42 USC 4321 et seq.) w

the selection of a site for the permanent disposition and s

residual radioactive materials. Section 204 of the Federal La

Management Act (43 USC 1714) shall not apply to th

jurisdiction. Prior to acquisition of land under paragraph (1

subsection in any State, the Secretary shall consult with th

such State. No lands may be acquired under such paragrap

any State in which there is no (1) processing site designated 

or (2) active uranium mill operation, unless the Secretary ha

consent of the Governor of such State. No lands controlled b

agency may be transferred to the Secretary to carry out the 

this Act without the Concurrence of the chief administrative 

agency.4

Sec. 107. Financial Assistance

(a) In the case of any designated processing site for which 

is executed with any State for remedial action at such site, 

shall pay 90 per centum of the actual cost of such rem

including the actual costs of acquiring such site (and any in

or any disposition site (and any interest therein pursuant to 

this title, and the State shall pay the remainder of such co

Federal funds. The Secretary shall not pay the admini

incurred by any State to develop, prepare, and carry out an

agreement executed with such State under this title

proportionate share of the administrative costs associa

acquisition of lands and interests therein acquired by the Sta

this title.

(b) In the case of any designated processing site loca

lands, the Secretary shall pay the entire cost of such remedi

Sec. 108. Remedial Action

(a)(1) The Secretary or such person as he may designa

and perform remedial actions at designated processing site

sites in accordance with the general standards presc

Administrator pursuant to section 275a. of the Atomic Energ

The State shall participate fully in the selection and perf

remedial action for which it pays part of the cost. Such re

shall be selected and performed with the concurrence of th

and in consultation, as appropriate, with the Indian tribe and 

of the Interior. Residual radioactive material from a p

designated under this title may be disposed of at a facility l

title II under the administrative and technical requirements 

Disposal of such material at such a site in accordan

requirements shall be considered to have been done in accor

administrative and technical requirements of this title.5

––––––––

4 Amended by P.L. 100–616, 102 Stat. 3192 (1988). 5 Amended by P.L. 104–259, § 4(a), 110 Stat. 3174 (1996).

42 USC 7917.

42 USC 7918.
promulgated by the Administrator under section 275a. 

Energy Act of 1954 and will assure the safe and environm

stabilization of residual radioactive materials, consistent 

law.6

(3) Notwithstanding paragraph (1) and (2) of this su

October 31, 1982, if the Administrator has not promulg

under section 275a. of the Atomic Energy Act of 1954 in 

such date, remedial action taken by the Secretary under 

comply with standards proposed by the Administrato

section 275a. until such time as the Administrator pr

standards in final form.7

(b) Prior to undertaking any remedial action at a d

pursuant to this title, the Secretary shall request expressio

from private parties regarding the remilling of the residu

materials at the site and, upon receipt of any expression o

Secretary shall evaluate among other things the mineral co

the residual radioactive materials at each designated proc

determine whether, as a part if any remedial action program

such minerals is practicable. The Secretary, with the conc

Commission, may permit the recovery of such minerals, und

and conditions as he may prescribe to carry out the purpose

No such recovery shall be permitted unless such recovery 

with remedial action. Any person permitted by the Secret

such mineral shall pay to the Secretary a share of the net p

from such recovery, as determined by the Secretary. Such s

exceed the total amount paid by the Secretary for carrying 

action at such designated site. After payment of such share 

States under this subsection, such person shall pay to the S

the residual radioactive materials are located a share of t

derived from such recovery, as determined by the Secretar

recovering such minerals shall bear all cost of such recover

carrying out mineral recovery activities under this paragr

required to obtain any necessary license under the Atomic 

1954 or under State law as permitted under section 274 of s

Sec. 109. Rules

The Secretary may prescribe such rules consistent with th

this Act as he deems appropriate pursuant to title V of the D

Energy Organization Act.

Sec. 110. Enforcement

(a)(1) Any person who violates any provision of thi

cooperative agreement entered into pursuant to this title 

prescribed under this Act concerning any designated pr

disposition site, or remedial action shall be subject to an asse

Secretary of a civil penalty of not more than $1,000 per day 

Such assessment shall be made by order after notice and a

for a public hearing, pursuant to section 554 of title 5, Unite

(2) Any person against whom a penalty is assess

section may, within sixty calendar days after the date o

the Secretary assessing such penalty, institute an action 

States court of appeals for the appropriate judicial circu

review of such order in accordance with chapter 7 of 

––––––––

6 Amended by P.L. 97–415, § 18, 96 Stat. 2067 (1983). 7 Amended by P.L. 97–415, § 18, 96 Stat. 2067 (1983).

Evaluation.

42 USC 2021.

42 USC 7919.

42 USC 7920.

Notice, hearing 

opportunity.

5 USC 500 et 

seq.

Jurisdiction.
y, y pg 

for such further action as the court may direct. 

(3) If any person fails to pay an assessment of a civi

it has become a final and unappealable order, the S

institute an action to recover the amount of such p

appropriate district court of the United States. In suc

validity and appropriateness of such final assessment ord

shall not be subject to review. Section 402(d) of the D

Energy Organization Act shall not apply with respect to 

of the Secretary under this section.

(4) No civil penalty may be assessed against the Un

any State or political subdivision of a State or any officia

of the foregoing.

(5) Nothing in this section shall prevent the S

enforcing any provision of this title or any cooperative 

any such rule by injunction or other equitable remedy.

(b) Subsection (a) shall not apply to any license requirem

Atomic Energy Act of 1954. Such licensing requirements s

by the Commission as provided in such Act.

Sec. 111. Public Participation

In carrying out the provisions of this title, including the 

processing sites, establishing priorities for such sites, th

remedial actions, and the execution of cooperative ag

Secretary, the Administrator, and the Commission shall enc

participation and, where appropriate, the Secretary shal

hearings relative to such matters in the State where proces

disposal sites are located.

Sec. 112. Termination: Authorization

(a)(1) The authority of the Secretary to perform remedia

this title shall terminate on September 30, 1998, except that

(A) the authority of the Secretary to perform 

restoration activities under this subchapter is witho

and

(B) the Secretary may continue operation of the d

Mesa County, Colorado (known as the Cheney disp

receiving and disposing of residual radioactive m

processing sites and of byproduct material from p

vicinity of the uranium milling site located in Mon

until the Cheney disposal cell has been filled to th

which is was designed, or September 30, 2023, whi

first.

(2) For purposes of this subsection, the term 

material’ has the meaning given that term in section 

Atomic Energy Act of l954 (42 U.S.C. 2014(e)(2)).

(b) The amounts authorized to be appropriated to carry ou

of this subchapter by the Secretary, the Administrator, the 

and the Secretary of the Interior shall not exceed such am

established in annual authorization Acts for fiscal year 1

fiscal year thereafter applicable to the Department of Ener

appropriated for the purposes of this title shall be a

expended.8

––––––––

8 Amended by P.L. 100–616, § 3, 102 Stat. 3192 (1988); P.L. 102–486

Subtitle C, § 1031, 106 Stat. 2951 (1992); P.L. 104–259, § 2, 110 Sta

42 USC 7172.

42 USC 2011 

note.

42 USC 7921.

42 USC 7922.

Water.
requiring the United States to make outlays may be exercis

extent provided in advance in annual authorization and appro

Sec. 114. Reports to Congress

(a) Beginning on January 1, 1980, and each year th

January 1, 1986, the Secretary shall submit a report to the 

respect to the status of the actions required to be taken by 

the Commission, the Secretary of the Interior, the Adminis

States and Indian tribes under this Act and any amendments 

made by this Act. Each report shall–

(1) include data on the actual and estimated costs o

authorized by this title;

(2) described the extent of participation by the Stat

tribe in this program;

(3) evaluate the effectiveness of remedial actions, an

problems associated with the performance of such action

(4) contain such other information as may be approp

Such report shall be prepared in consultation with the Co

Secretary of the Interior, and the Administrator and shall 

separate views, comments, and recommendations, if any. Th

shall submit to the Secretary and Congress such portion of th

this subsection as relates to the authorities of the Commiss

II of this Act.

(b) Not later than July 1, 1979, the Secretary shall prov

the Congress which identifies all sites located on public or a

of the United States containing residual radioactive mater

radioactive materials and other radioactive waste (othe

resulting from the production of electric energy) and sp

Federal agency has jurisdiction over such sites. The report 

the identity of property and other structures in the vicinity o

are contaminated or may be contaminated by such materia

planned or taken to remove such materials. The report sha

what manner such sites are adequately stabilized and otherw

to prevent radon diffusion from such sites into the environm

environmental harm. If any site is not so stabilized or contro

shall describe the remedial actions planned for such site and 

for performing such actions. In preparing the reports under th

Secretary shall avoid duplication of previous or ongoing stu

utilize all information available from other departments an

the United States respecting the subject matter of such 

agencies shall cooperate with the Secretary in the prepar

report and furnish such information as available to them and 

such reports.

(c) Not later than January 1, 1980, the Administrator, i

with the Commission, shall provide a report to the Co

identifies the location and potential health, safety, and 

hazards of uranium mine wastes together with recommend

for a program to eliminate these hazards.

(d) Copies of the reports required by this section to be su

Congress shall be separately submitted to the Committees o

Insular Affairs and on Energy and Commerce of th

Representatives and the Committee on Energy and Natural 

the Senate.

(e) The Commission, in cooperation with the Secretary

that any relevant information, other than trade secrets and oth

42 USC 7924.

Cooperation.
y qpp

residual radioactive materials is documented systematical

publicly available conveniently for use.

Sec. 115. Active Operations: Liability for Remedial Acti

(a) No amount may be expended under this title with resp

licensed by the Commission under the Atomic Energy Act o

State as permitted under section 274 of such Act at which 

any uranium product from ores (other than from residu

materials) takes place. This subsection does not prohibit t

residual radioactive material from a processing site under th

at a site licensed under title II or the expenditure of fun

subchapter for such disposal.9

(b) In the case of each processing site designated unde

Attorney General shall conduct a study to determine the ide

responsibility which any person (other than the United Stat

Indian tribe) who owned or operated or controlled (as dete

Attorney General) such site before the date of the enactme

may have under any law or rule of law for reclamation or o

action with respect to such site. The Attorney General sha

results of such study, and provide copies thereof to the 

promptly as practicable following the date of the enactme

The Attorney General, based on such study, shall, to the ex

it appropriate and in the public interest, take such acti

provision of law in effect when uranium was produced a

require payment by such person of all or any part of the cos

the United States for such remedial action for which he de

person is liable.

Title II–Uranium Mill Tailings Licensing and Reg

Sec. 201. Definition

Section 11e. of the Atomic Energy Act of 1954, is amen

follows:

e. The term "byproduct material" means (1) any radioa

(except special nuclear material) yielded in or made r

exposure to the radiation incident to the process of produci

special nuclear material, and (2) the tailings or wastes pro

extraction or concentration of uranium or thorium from any 

primarily for its source material content.

Sec. 202. Custody of Disposal Site

(a) Chapter 8 of the Atomic Energy Act of 1954, is amen

the following new section at the end thereof:

Sec. 83. Ownership and Custody of Certain By-produc

Disposal Sites.–

a. Any license issued or renewed after the effective date 

under section 62 or section 81 for any activity which 

production of any byproduct materials, as defined in section 

contain such terms and conditions as the commission det

necessary to assure that, prior to termination of such license

(1) the licensee will comply with dec

decommissioning, and reclamation standards presc

Commission for sites (A) at which ores were processed 

––––––––

9 Amended by P.L. 104–259, § 4(a), 110 Stat. 3174 (1996).

42 USC 7925.

42 USC 2011 

note.

42 USC 2021.

Study.

42 USC 2014.

Byproduct 

material.

42 USC 2113.

42 USC 2002.

42 USC 2014.

42 USC 2111.
(2) ownership of any byproduct material, as defin

11e.(2), which resulted from such licensed activity shall 

to (A) the United States or (B) in the State in which 

occurred if such State exercises the option under subse

acquire land used for the disposal of byproduct material

Any license in effect on the date of the enactment of thi

either contain such terms and conditions on renewal the

effective date of this section, or comply with paragraphs (1

the termination of such license, whichever first occurs.

(b)(1)(A) The Commission shall require by rule, regula

that prior to the termination of any license which is iss

effective date of this section, title to the land, including 

therein (other than land owned by the United States or by a S

used for the disposal of any byproduct material, as defin

11e.(2), pursuant to such license shall be transferred to–

(A) the United States, or

(B) the State in which such land is located, at the 

State.

(2) Unless the Commission determines prior to suc

that transfer of title to such land and such byproduct m

necessary or desirable to protect the public health, safety

to minimize or eliminate danger to life or property. Such 

shall be made in accordance with section 181 

Notwithstanding any other provision of law or any such d

such property and materials shall be maintained pursua

issued by the Commission pursuant to section 84(b) in s

will protect the public health, safety, and the environme

(B) If the Commission determines by order th

surface or subsurface estates, or both, of the land tran

United States or to a State under subparagraph (

endanger the public health, safety, welfare, or env

Commission, pursuant to such regulations as it may p

permit the use of the surface or subsurface estates, or 

land in a manner consistent with the provisions of t

the Commission permits such use of such land, it sh

person who transferred such land with the right of fir

respect to such use of such land.

(2) If the transfer to the United States of title to su

material and such land is required under this section, th

Energy or any Federal agency designated by the Presiden

the Commission’s determination of compliance under 

assume title and custody of such byproduct mater

transferred as provided in this subsection. Such Secret

agency shall maintain such material and land in such m

protect the public health and safety and the environment

may be transferred to another officer or instrumentality 

States only upon approval of the President.

(3) If transfer to a State of title to such byprodu

required in accordance with this subsection, such State sh

the Commission’s determination of compliance under 

assume title and custody of such byproduct mater

transferred as provided in this subsection. Such State 

such material and land in such manner as will protect the 

safety, and the environment.

42 USC 2014.

Rule, 

regulation, or 

order.
q, , 

and interests therein (as described in paragraph (1) of th

to the United States or a State in which such land is l

option of such State, as may be necessary to protect the 

wealth, and the environment from any effects associa

byproduct material. In exercising the authority of this p

Commission shall take into consideration the status of 

of such land and interests therein and the ability of t

transfer title and custody thereof to the United States or 

(5) The Commission may, pursuant to a license, or by 

require the Secretary or other Federal agency or State h

of such property and materials to undertake such 

maintenance, and emergency measures as are necessary 

public health and safety and such other actions as the 

deems necessary to comply with the standards promulgat

section 84 of this Act. The Secretary or such other Fed

authorized to carry out maintenance, monitoring, an

measures, but shall take no other action pursuant to suc

or order, with respect to such property and materials un

authorized by Congress after the date of enactment of th

(6) The transfer of title to land or byproduct materia

in section 11e.(2), to a State or the United States pu

subsection shall not relieve any licensee of liability for a

or negligent acts done prior to such transfer.

(7) Material and land transferred to the United State

accordance with this subsection shall be transferred with

United States or a State (other than administrative an

incurred in carrying out such transfer). Subject to the 

paragraph (1)(B) of this subsection, the United States o

not transfer title to material or property acquired under t

to any person, unless such transfer is in the same mann

under section 104(h) of the Uranium Mill Tailings Rad

Act of 1978.

(8) The provisions of this subsection respecting trans

custody to land shall not apply in the case of lands held 

United States for any Indian tribe or lands owned by suc

subject to a restriction against alienation imposed by the 

In the case of such lands which are used for the disposa

material, as defined in section 11e.(2), the license shall 

enter into such arrangements with the Commission 

appropriate to assure the long-term maintenance and 

such lands by the United States.

c. Upon termination on any license to which this sectio

Commission shall determine whether or not the licensee has 

all applicable standards and requirements under such licens

(b) this section shall be effective three years after the ena

Act.

(c) The table of contents for chapter 8 of the Atomic E

1954, is amended by inserting the following new item 

relating to section 82: Sec. 83. Ownership and custo

byproduct material and disposal sites.

42 USC 2014.

42 USC 2113 

note.

Effective date.
the following new subsection at the end thereof:

x. Establish by rule, regulation, or order, after public 

accordance with the requirements of section 181 of th

standards and instructions as the Commission may deem 

desirable to ensure–

(1) that an adequate bond, surety, or other financia

(as determined by the Commission) will be pro

termination of any license for byproduct material as defi

11e.(2), by a licensee to permit the completion of all 

established by the Commission for the dec

decommissioning, and reclamation of sites, structures, a

used in conjunction with byproduct material as so define

(2) that–

(A) in the case of any such license issued or ren

date of the enactment of this subsection, the need 

maintenance and monitoring of such sites, s

equipment after termination of such license will be m

to the maximum extent practicable, eliminated; and

(B) in the case of each license for such materi

effect on the date of the enactment of this section 

renewed thereafter), if the Commission determines 

long-term maintenance and monitoring is necessary

before termination of any license for byproduct mate

in section 11e.(2), will make available such bondi

other financial arrangements as may be necessary t

long-term maintenance and monitoring.

Such standards and instructions promulgated by the 

pursuant to this subsection shall take into account, as dete

Commission, so as to avoid unnecessary duplication 

performance bonds or other financial arrangements which a

other Federal agencies or State agencies and/or other lo

bodies for such decommissioning, decontamination, and re

long-term maintenance and monitoring except that no

paragraph shall be construed to require that the Commissio

bonds or arrangements if the Commission determines that 

arrangements are not adequate to carry out subparagraphs 

this subsection.

Sec. 204. Cooperation with States

(a) Section 274b. of the Atomic Energy Act of 1954, i

adding "as defined in section 11e.(1)" after the word

materials" in paragraph (1) by renumbering paragraphs (

paragraph (3) and (4); and by inserting the following n

immediately after paragraph(1):

(2) byproduct materials as defined in section 11e.(2)

(b) Section 274d.(2) of such Act is amended by inserting 

before the word "compatible": "in accordance with the re

subsection o. and in all other respects."

(c) Section 274n. of such Act is amended by adding the 

sentence at the end thereof: "As used in this section, the term 

includes any amendment to any agreement."

(d) Section 274j. of such Act is amended–

(1) by inserting "all or part of" after "suspend";

(2) by inserting "(1)" after "finds that"; and

42 USC 2201.

42 USC 2231.

42 USC 2014.

42 USC 2021.

42 USC 2021.

Agreement.
py 

and actions taken by the States under the agreeme

compliance with the provisions of this section.

(e)(1) Section 274 of such Act is amended by adding the 

subsection at the end thereof:

o. In the licensing and regulation of byproduct material

section 11e.(2) of this Act, or of any activity which 

production of byproduct material as so defined under an agre

into pursuant to subsection b., a State shall require–

(1) compliance with the requirements of subsection b

(respecting ownership of byproduct material and land), a

(2) compliance with standards which shall be adopte

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

hazards associated with such material which are equi

extent practicable, or more stringent than, standards 

enforced by the Commission for the same purpo

requirements and standards promulgated by the Comm

Administrator of the Environmental Protection Agenc

section 83, 84, and 275, and

(3) procedures which–

(A) in the case of licenses, provide procedures u

which include–

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

and a public hearing, with a transcript,

(ii) an opportunity for cross examination, and

(iii) a written determination which is based 

included in such determination and upon the evide

during the public comment period and which 

judicial review;

(B) in the case of rulemaking, provide an opportu

participation through written comments or a publi

provide for judicial review of the rule;

(C) require for each license which has a signific

the human environment a written analysis (which sha

to the public before the commencement of any such 

of the impact of such licenses, including any activit

pursuant thereto, on the environment, which analysis 

(i) an assessment of the radiological and n

impacts to the public health of the activities to 

pursuant to such license;

(ii) an assessment of any impact on any w

groundwater resulting from such activities;

(iii) consideration of alternatives, including a

and engineering methods, to the activities to 

pursuant to such license; and

(iv) consideration of the long-term impa

decommissioning, decontamination, and reclam

associated with activities to be conducted pur

license, including the management of any bypro

as defined by section 11e.(2); and

(D) prohibit any major construction activities w

such material prior to complying with the p

subparagraph (C).
longterm maintenance and monitoring of such material and 

the United States of such material is required in accordanc

83b. of this Act, such agreement shall be amended by the C

provide that such State shall transfer to the United States upo

of the license issued to such licensee the total amount coll

State from such licensee for such purpose. If such payment

they must be sufficient to ensure compliance with the standar

by the Commission pursuant to section 161x of this Act. No 

required under paragraph (3) to conduct proceedings co

license or regulation which would duplicate proceedings con

Commission.

(2)10 The provisions of the amendment made by pa

this subsection (which adds a new subsection o. to sect

Atomic Energy Act of 1954) shall apply only to the ma

practicable during the three-year period beginning on t

enactment of this Act.

(f) Section 274c. of such Act is amended by inserting 

new sentence after paragraph (4) thereof: The Commission sh

authority under any such agreement to make a determin

applicable standards and requirements have been met prior 

of a license for byproduct material, as defined in section 11

(g) Nothing in any amendment made by this section shal

State from exercising any other authority permitted unde

Energy Act of 1954 respecting any byproduct material, 

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

(h)(1) During the three-year period beginning on th

enactment of this Act, notwithstanding any other provision o

State may exercise any authority under State law (includ

exercised pursuant to an agreement entered into pursuant 

of the Atomic Energy Act of 1954) respecting (A) byproduc

defined in section 11e.(2) of the Atomic Energy Act of 19

activity which results in the production of byproduct m

defined, in the same manner and to the same extent as permi

date of the enactment of this Act, except that such State aut

exercised in a manner which, to the extent practicable, is c

the requirements of section 274o. of the Atomic Energy A

added by section 204(e) of this Act). The Commission s

authority to ensure that such section 274o. is implemented 

State to the extent practicable during the three-year period 

the date of the enactment of this Act. Nothing in this se

construed to preclude the Commission or the Adminis

Environmental Protection Agency from taking such action 

275 of the Atomic Energy Act of 1954 as may be necessary 

title I of this Act.11

––––––––

10 Added by P.L. 96–106, § 22(d), 93 Stat. 800 (1979). 11 Amended by P.L . 96–106, § 22(b), 93 Stat. 799 (1979), revised secti

substituting a completely new section 204(h)(l). Before amendment, 

read as follows:

(H)(l) On or before the date three years after the date of the enactmen

notwithstanding any amendment made by this title, any State may ex

authority under State law respecting byproduct material as defined in 

of the Atomic Energy Act of 1954, in the same manner, and to the sa

permitted before the enactment of this Act.

42 USC 2201.

42 USC 2021 

note.

42 USC 2021.

42 USC 2014.

42 USC 2021 

note.

42 USC 2014.

42 USC 2021.

42 USC 2014.

42 USC 2022.
yp() 

entered into at any time after the date of the enactment o

no such agreement may take effect before the date three 

date of the enactment of this Act.

(3)12 Notwithstanding any other provision of this 

State assumes or has assumed, pursuant to an agreement ente

section 274b. of the Atomic Energy Act of 1954, autho

activity which results in the production of byproduct mater

in section 11e.(2) of such Act, the Commission shall not, u

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

licensing authority over such byproduct material produced 

covered by such agreement, unless the agreement i

suspended, or amended to provide for such Federal licensing

of such three-year period, a State has not entered into such 

with respect to byproduct material, as defined in section 

Atomic Energy Act of 1954, the Commission shall have 

such byproduct material. Provided, however,13 That, in the 

which has exercised any authority under State law pu

agreement entered into under section 274 of the Atomic E

1954, the State authority over such byproduct material may 

and the Commission authority over such material may be e

after compliance by the Commission with the same proc

applicable in the case of termination of agreements under se

the Atomic Energy Act of 1954.

Sec. 205. Authorities of Commission Respecting Certain 

Material

(a) Chapter 8 of the Atomic Energy Act of 1954, is amen

the following new section at the end thereof:

Sec. 84. Authorities of Commission Respecting Certa

Material.

a. The Commission shall insure that the management of 

material, as defined in section 11e.(2), is carried out in such 

(1) the Commission deems appropriate to protect the 

and safety and the environment from radiological and n

hazards associated with the processing and with the p

transfer of such material,

(2) conforms with applicable general standards prom

Administrator of the Environmental Protection Agency 

275, and

(3) conforms to general requirements establi

Commission, with the concurrence of the Administrator

the maximum extent practicable, at least comparable to 

applicable to the possession, transfer, and disposal of sim

material regulated by the Administrator under the 

Disposal Act, as amended.

b. In carrying out its authority under this section, the C

authorized to–

(1) by rule, regulation, or order require persons

instrumentalities exempted from licensing under section 

to conduct monitoring, perform remedial work, and to 

––––––––

12 Added by P.L. 96–106, § 22(a), 93 Stat. 799 (1979). 13 Provided, however...Atomic Energy Act of 1954 added by P.L. 97–4

96 Stat. 2067 (1983).

42 USC 2014.

42 USC 2021.

42 USC 2021.

42 USC 2114.

42 USC 2114.

42 USC 6091.

Rule, 

regulation, or 

order.

42 USC 2111.
the disposal or storage of such byproduct material; and

(2) make such studies and inspections and to 

monitoring as may be necessary.

Any violation by any person other than the United States or 

employee of the United States or a State of any rule, regul

or licensing provision, of the Commission established und

or section 83 shall be subject to a civil penalty in the same 

the same amount as violations subject to a civil penalty unde

Nothing in this section affects any authority of the Commiss

other provision of this Act.

(b) The first sentence of section 81 of the Atomic Energ

is amended to read as follows: No person may transfer 

interstate commerce, manufacture, produce, transfer, a

possess, import, or export any byproduct material, except 

authorized by this section, section 82 or section 84.

(c) The table of content for such chapter 8 is amended b

following new item after the item relating to section 83:

Sec. 84. Authorities of Commission respecting certa

material.

Sec. 206. Authority of Environmental Protection Agency 

Certain Byproduct Material

(a) Chapter 19 of the Atomic Energy Act of 1954, is 

inserting after section 274 the following new section:

Sec. 275. Health and Environmental Standards For 

Tailings.–

a. As soon as practicable, but not later than one year af

enactment of this section, the Administrator of the E

Protection Agency (hereinafter referred to in this se

"Administrator") shall, by rule, promulgate standard

application (including standards applicable to licenses 

104(h) of the Uranium Mill Tailings Radiation Control Ac

the protection of the public health, safety, and the envi

radiological and nonradiological hazards associated 

radioactive materials (as defined in section 101 of the 

Tailings Radiation Control Act of 1978) located at inactive 

tailings sites and depository sites for such materials se

Secretary of Energy, pursuant to title I of the Uranium 

Radiation Control Act of 1978. Standards promulgated pu

subsection shall, to the maximum extent practicable, be cons

requirements of the Solid Waste Disposal Act, as a

Administrator may periodically revise any standard promulg

to this subsection.

b. (1) As soon as practicable, but not later than eighteen 

the enactment of this section, the Administrator shall, by ru

standards of general application for the protection of the 

safety, and the environment from radiological and nonradiol

associated with the processing and with the possession, 

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

sites at which ores are processed primarily for their source m

or which are used for the disposal of such byproduct materi

(2) Such generally applicable standards promulgate

this subsection for nonradiological hazards shall pr

protection of human health and the environment consi

standards required under subtitle C of the Solid Waste D

Civil penalty.

42 USC 2282.

42 USC 2111.

42 USC 2112.

42 USC 2022.

Rule.

42 USC 6901 

note.

42 USC 2014.

Rule.

42 USC 2021.
p, , 

possession, transfer, or disposal of byproduct material, 

section 11e.(2) of this Act. The Administrator may perio

any standard promulgated pursuant to this subsection. 

years after such revision of any such standard, the Comm

State permitted to exercise authority under section 274b.

such revised standard in the case of any license for bypr

as defined in section 11e.(2) or any revision thereof.

c. (1) Before the promulgation of any rule pursuant to th

Administrator shall publish, the proposed rule in the Fed

together with a statement of the research, analysis, and o

information in support of such proposed rule, and provid

public comment of at least thirty days for written commen

an opportunity, after such comment period and after public n

interested person to present oral data, views, and argumen

hearing. There shall be a transcript of any such hearing. The 

shall consult with the Commission and the Secretary of E

promulgation of any such rule.

(2) Judicial review of any rule promulgated under th

be obtained by any interested person only upon such p

petition for review within sixty days after such promu

United States court of appeals for the Federal judicial ci

such person resides or has his principal place of busine

the petition shall be forthwith transmitted by the clerk o

Administrator. The Administrator thereupon shall file in 

written submissions to, and transcript of, the wr

proceedings on which such rule was based as provided in 

of title 28, United States Code. The court shall have j

review the rule in accordance with chapter 7 of title 5, 

Code, and to grant appropriate relief as provided in such 

judgment of the court affirming, modifying, or setting a

or in part, any such rule shall be final, subject to judicial 

Supreme Court of the United States upon certiorari or c

provided in section 1254 of title 28, United States Code.

(3) Any rule promulgated under this section shall n

earlier than sixty calendar days after such promulgation.

d. Implementation and enforcement of the standards 

pursuant to subsection b. of this section shall be the respon

Commission in the conduct of its licensing activities under t

exercising authority pursuant to section 274b.(2) of th

implement and enforce such standards in accordance with su

such section.

e. Nothing in this Act applicable to byproduct material

section 11e.(92) of this Act, shall affect the authority of the 

under the Clean Air Act of 1970, as amended, or the F

Pollution Control Act, as amended.

(b) The table of contents for chapter 19 of the Atomic 

amended by inserting the following new item after the ite

section 274:

Sec. 275. Health and Environmental Standards for Uran

Sec. 207. Authorization of Appropriation for Grants

There is hereby authorized to be appropriated for fisca

the Nuclear Regulatory Commission not to exceed $500,000 

making grants to States which have entered into agreem

Notice, hearing 

opportunity.

Publication in 

Federal 

Register.

Judicial 

Review.

5 USC 701 et 

seq.

42 USC 2021.

33 USC 1251 

note.

42 USC 2014.

42 USC 7401 

note.

42 USC 2018 et 

seq.
implement the provisions of this Act.

Sec. 208. Effective Date

Except as otherwise provided in this title the amendment

title shall take effect on the date of the enactment of this Ac

Sec. 209. Consolidation of Licenses and Procedures

The Regulatory Commission shall consolidate, to the ma

practicable, licenses and licensing procedures under amendm

this title with licenses and licensing procedures under oth

contained in the Atomic Energy Act of 1954.

Title III–Study and Designation of Two Mill Tailings S

Mexico

Sec. 301. Study

The Commission, in consultation with the Attorney G

Attorney General of the State of New Mexico, shall cond

determine the extent and adequacy of the authority of the Co

the State of New Mexico to require, under the Atomic Energ

(as amended by title II of this Act) or under State authority 

under section 274 of such Act or under other provision of la

of the following active uranium mill sites to undertake appr

to regulate and control all residual radioactive materials a

protect public health, safety, and the environment: the forme

New Mexico Partners site near Milan, New Mexico, and 

carbonate process tailing site near Bluewater, New Mexic

shall be completed and a report thereof submitted to the Co

the Secretary within one year after enactment of this Act, 

such recommendations as may be appropriate. If the 

determines that such authority is not adequate to regulate an

materials at such sites in the manner provided in the first se

section, the Commission shall include in the report a stateme

for such determination. Nothing in this Act shall be constru

or delay action by a State as permitted under section 274 

Energy Act of 1954 or under any other provision of l

Commission to regulate such residual radioactive material

prior to completion of such study.

Sec. 302. Designation by Secretary

(a) Within ninety days from the date of his receipt of 

recommendations submitted by the Commission under 

notwithstanding the limitations contained in section 301, no

the limitations contained in section 101(6)(A) and in section 

Commission determines, based on such study, that such s

regulated and controlled by the State or the Commission 

described in section 301, the Secretary may designate either 

sites referred to in section 301 as a processing site for purp

Following such designation, the Secretary may enter int

agreements with New Mexico to perform remedial action pu

title concerning only the residual radioactive materials 

resulting from uranium produced for sale to a Federal ag

January 1, 1971, under contract with such agency. Any suc

shall be submitted by the Secretary, together with his estim

of carrying out such remedial action at the designated 

Committee on Interior and Insular Affairs and the Committe

42 USC 2014 

note.

42 USC 2011 

note.

42 USC 2113 

note.

42 USC 7941.

42 USC 2021.

Report to 

Congress.

42 USC 7942.

Submittal to 

congressional 

committees.
()() g() 

expiration of one hundred and twenty calendar days (not incl

in which either House of Congress is not in session b

adjournment of more than three calendar days to a day 

adjournment sine die) after receipt by such Commit

designation.

(c) Except as otherwise specifically provided in subse

remedial action under title I with respect to any sites designa

title shall be subject to the provisions of title I (including the 

of appropriations referred to in section 112(b)).

) 

Public Law 102–486 1

October 24, 1992

* * * *

Title X–Remedial Action and Uranium Revitaliz

Subtitle A–Remedial Action at Active Processing 

Sec. 1001. Remedial Action Program

(a) IN GENERAL. Except as provided in subsection (b

decontamination, decommissioning, reclamation, and o

action at an active uranium or thorium processing site sha

persons licensed under section 62 or 81 of the Atomic Energ

(42 U.S.C. 2091, 2111) for any activity at such site which 

resulted in the production of byproduct material.

(b) REIMBURSEMENT–

(1) IN GENERAL–The Secretary of Energy sha

paragraph (2), reimburse at least annually a licensee 

subsection (a) for such portion of the costs described in su

as are–

(A) determined by the Secretary to be attributabl

material generated as an incident of sales to the Unit

(B) either–

(i) incurred by such licensee not later than 

2007; or

(ii) incurred by a licensee after December 

accordance with a plan for subsequent dec

decommissioning, reclamation, and other rem

approved by the Secretary.1

(2) AMOUNT.–

(A) To Individual Active Site Uranium Licensees

of reimbursement paid to any licensee under paragra

determined by the Secretary in accordance with regu

pursuant to section 2296a-l of this title and, for 

tailings only, shall not exceed an amount equal to $6

by the dry short tons of byproduct material located o

1992 at the site of the activities of such licensee 

subsection (a) of this section, and generated as an in

to the United States.2

(B) TO ALL ACTIVE SITE URANIUM L

Payments made under paragraph (1) to active 

licensees shall not in the aggregate exceed $350,000

(C) TO THORIUM LICENSEES–Payments mad

paragraph (1) to the licensee of the active thorium si

––––––––

1 Amended by P.L. 104–259, § 3(a), 110 Stat. 3173 (1996); P.L. 105–3

112 Stat. 3484 (1998); P.L. 106–317, § 1, 114 Stat. 1277 (2000). 2 Amended by P.L. 104–259, § 3(a), 110 Stat. 3173 (1996); P.L. 105–3

112 Stat. 3484 (1998); P.L. 106–317, § 1, 114 Stat. 1277 (2000). 3 Amended by P.L. 104–259, § 3(a), 110 Stat. 3173 (1996); P.L. 105–3

112 Stat. 3484 (1998); P.L. 106–317, § 1, 114 Stat. 1277 (2000).

42 USC 2296a.
 (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 2007.4

(D) INFLATION ESCALATION INDEX–Th

subparagraphs (A), (B), and (C) of this paragraph sha

annually based upon an inflation index. The S

determine the appropriate index to apply.

(E) ADDITIONAL REIMBURSEMENT–

(i) DETERMINATION OF EXCESS–The S

determine as of July 31, 2005, whether the amou

to be appropriated pursuant to section 1003, wh

with the $6.255 per dry short ton limit on Re

exceeds the amount reimbursable to the lic

subsection (b)(2).

(ii) IN THE EVENT OF EXCESS–If 

determines under clause (i) that there is an excess

may allow reimbursement in excess of $6.25 per 

on a prorated basis at such sites where the costs 

under subsection (b)(1) of this section exceed the 

short ton limitation described in paragraph 

subsection.6

(3) BYPRODUCT LOCATION–Notwithstanding th

of paragraph (2)(A) that byproduct material be located at 

date of the enactment of this Act, byproduct material m

site of the Edgemont Mill to a disposal site as the 

decontamination, decommissioning, reclamation, and o

action of such mill shall be eligible for reimbursement 

eligible under paragraph (1).

Sec. 1002. Regulations

Within 180 days of the date of the enactment of this Act

shall issue regulations government reimbursement under sec

active uranium or thorium processing site owner sh

reimbursement hereunder by submitting a request for th

reimbursement together with reasonable documentation in su

to the Secretary. Any such request for reimbursement, 

reasonable documentation, shall be approved by the S

reimbursement therefor shall be made in a timely manner s

the limitations of section 1001.

Sec. 1003. Authorization of Appropriations

(a) IN GENERAL–There is authorized to be 

$715,000,000 to carry out this part. The aggregate amount 

the preceding sentence shall be increased annually as provi

––––––––

4 Amended by P.L. 104–259, § 3(a), 110 Stat. 3173 (1996); P.L. 105–3

112 Stat. 3484 (1998); P.L. 107–222, § 1(a), rewrote subparagraph (C

5 Amended by P.L. 104–259, § 3(a), 110 Stat. 3173 (1996); P.L. 105–3

112 Stat. 3484 (1998); P.L. 106–317, § 1, 114 Stat. 1277 (2000). 6 Amended by P.L. 104–259, § 3(a), 110 Stat. 3173 (1996); P.L. 105–3

112 Stat. 3484 (1998); P.L. 106–317, § 1, 114 Stat. 1277 (2000).

42 USC 2296a-1.

42 USC 2296a-2.
() () 

from the Fund established under section 1801 of the Atom

of 1954.

Sec. 1004. Definitions

For purposes of this subtitle:

(1) The term "active uranium or thorium processing 

(A) any uranium or thorium processing site, incl

containing byproduct material for which a license 

Nuclear Regulatory Commission or its predecessor 

the Atomic Energy Act of 1954, or by a State as pe

section 274 of such Act (42 U.S.C. 2021)) for the 

such site of any uranium or thorium derived from or

(i) was in effect on January 1, 1978;

(ii) was issued or renewed after January 1, 19

(iii) for which an application for renewal or 

pending on, or after January 1, 1978; and

(B) any other real property or improvement on such 

that is determined by the Secretary or by a State as pe

section 274 of the Atomic Energy Act of l954 (42 U.S.C

(i) in the vicinity of such site; and

(ii) contaminated with residual byproduct ma

(2) The term "byproduct material" has the meaning gi

in section 11e.(2) of the Atomic Energy Act of 195

2014(e)(2)); and

(3) The term "decontamination, decommissioning

and other remedial action" means work performed 

subsequent to the date of the enactment of this Act whic

to comply with all applicable requirements of the U

Tailings Radiation Control Act of 1978 (42 U.S.C. 79

where appropriate, with requirements established by a 

party to a discontinuance agreement under section 274 

Energy Act of 1954 (42 U.S.C. 2021).

Subtitle B–Uranium Revitalization

Sec. 1011. Overfeed Program

(a) URANIUM PURCHASES–To the maximum exten

sound business practice, the Corporation shall purchas

accordance with subsection (b) and overfeed it into the enric

to reduce the amount of power required to produce the enri

ordered by enrichment services customers, taking into 

associated with depleted tailings.

(b) USE OF DOMESTIC URANIUM–Uranium purc

Corporation for purposes of this section shall be of domes

purchased from domestic uranium producers to the extent pe

the multilateral trade agreements (as defined in section 2(4) o

Round Agreements Act and the North American Free Trade 

––––––––

7 Amended by P.L. 104–259, § 3(b), 110 Stat. 3174 (1996); P.L. 105–3

112 Stat. 3485, November 13, 1998; P.L. 107–222, § 1(b), struck out 

and inserted “$715,000,000.” 8 Amended by P.L. 102–486, Title X, § 1011, 106 Stat. 2948 (1992); P

Title I, § 1002(g)(1), 113 Stat. 133 (1999).

42 USC 2296a-3.

42 USC 2296b.
under the direction and control of the Secretary. The Reserv

of natural uranium and uranium equivalents contained in 

inventories currently held by the United States for defe

Effective on the date of the enactment of this Act and for 6 ye

use of the Reserve shall be restricted to military purposes an

research. Use of the Department of Energy’s stockpile of en

existing on the date of the enactment of this Act shall b

military purposes for 6 years thereafter.

Sec. 1013. Sale of Remaining DOE Inventories

The Secretary, after making the transfer required under s

the Atomic Energy Act of 954, may sell, from time to time, p

remaining inventories of raw or low-enriched uranium of th

that are not necessary to national security needs, to the Co

fair market price. Sales under this section may be made onl

will not have a substantial adverse impact on the domestic ur

industry. Proceeds from sales under this subsection shall be 

the general fund of the United States Treasury.

Sec. 1014. Responsibility for the Industry

(a) CONTINUING SECRETARIAL RESPONS

Secretary shall have a continuing responsibility for the dom

industry to encourage the use of domestic uranium. The 

fulfilling this responsibility, shall not use any supervisory 

the Corporation. The Secretary shall report annually to th

committees of Congress on action taken with respect to 

uranium industry, including action to promote the expor

uranium pursuant to subsection (b).

(b) ENCOURAGE EXPORT.–The Department, with th

of the Department of Commerce, the United States Trade R

and other governmental organization, shall encourage t

domestic uranium. Within 180 days after the date of the ena

Act, the Secretary shall develop recommendations an

government programs to promote the export of domestic ura

Sec. 1015. Annual Uranium Purchase Reports

(a) IN GENERAL–By January 1 of each year, the owner 

any civilian nuclear power reactor shall report to the Sec

through the Administrator of the Energy Information Adm

activities of the previous fiscal year–

(1) the country of origin and the seller of any uraniu

uranium purchased or imported into the United States eit

indirectly by such owner or operator, and

(2) the country of origin and the seller of any enrich

purchased by such owner or operator.

(b) CONGRESSIONAL ACCESS–The information pr

Secretary pursuant to this section shall be made available to 

by March 1 of each year.

Sec. 1016. Uranium Inventory Study

Within one year after the date of the enactment of 

Secretary shall submit to the Congress a study and report th

(1) a comprehensive inventory of all Govern

uranium or uranium equivalents, including natural uran

tailings, low-enriched uranium, and highly enriched uran

for conversion to commercial use;

42 USC 2296b-2.

42 USC 2296b-3.

42 USC 2296b-4.

42 USC 2296b-5.
() p

inventories of highly enriched uranium;

(4) an analysis and summary of technological requ

costs associated with converting highly enriched ura

enriched uranium, including the construction of facilitie

(5) an estimation of potential net proceeds from the c

sale of highly enriched uranium;

(6) recommendations for implementing a plan to c

enriched uranium to low-enriched uranium; and

(7) recommendations for the future use and dispo

inventories.

Sec. 1017. Regulatory Treatment of Uranium Purchases

(a) ENCOURAGEMENT–The Secretary shall encoura

utility regulatory authorities to take into consideration the a

the objectives and purposes of this subtitle, including the na

avoid dependence on imports, when considering whether 

owner or operator of any electric power plant to recover in 

charges to customers any cost of purchase of domestic uran

uranium, or enrichment services from a non-affiliated selle

the cost of non-domestic uranium, enriched uranium o

services.

(b) REPORT.–Within 1 year after the date of the enactme

and annually thereafter, the Secretary shall report to the Co

progress of the Secretary in encouraging actions by St

authorities pursuant to subsection (a). Such report shall in

information on programs initiated by the Secretary 

appropriate State regulatory action and recommendation

further action that could be taken by the Secretary, other Fed

or the Congress in order to further the purposes of this subti

(c) SAVINGS PROVISION.–This section may not be 

authorize the Secretary to take any action in violation of th

trade agreements (as defined in section 2(4) of the Ur

Agreements Act) or the North American Trade Agreement.

Sec. 1018. Definitions

For purposes of this subtitle:

(1) The term "Corporation" means the United State

Corporation established under section 1301 of the Atom

of 1954, as added by this Act or its successor.10 11

(2) The term "country of origin" means–

(A) with respect to uranium, that country wher

was mined;

(B) with respect to enriched uranium, that coun

uranium was mined and enriched; or

(C) with respect to enrichment services, that coun

enrichment services were performed.

(3) The term "domestic origin" refers to any uranium 

mined in the United States including uranium recovered 

deposits in the United States by underground mining, op

strip mining, in situ recovery, leaching, and ion recovery

from phosphoric acid manufactured in the United States

––––––––

9 Amended by P.L. 106–36, Title I, § 1002(g)(2), 113 Stat. 133 (1999)

10 Amended by P.L. 104–134, Title III, § 3117(b), 110 Stat. 1321–350 

11 Amended by P.L. 104–134, Title III, § 3117(b), 110 Stat. 1321–350 

42 USC 2296b-6.

42 USC 2296b-7.
by State and Federal agencies having jurisdiction, licens

for the operation, decontamination, decommissioning, an

of sites, structures and equipment.

(5) The term "non-affiliated" refers to a seller who do

and is not controlled by or under common control with t

(6) The term "overfeed" means to use uranium in th

process in excess of the amount required at the transactio

(7) The term "utility regulatory authority" means any 

or Federal agency that has ratemaking authority with resp

of electric energy by an electric utility or independent po

For purposes of this paragraph, the terms "electric u

agency", "Federal agency", and "ratemaking author

respective meanings given such terms in section 3 of the 

Regulatory Policies Act of 1978.
Public Law 106–398 114 Sta

October 30, 2000

Title XXXIV–Naval Petroleum Reserves

Sec. 3403. Disposal of Oil Shale Reserve Numbered 2 

(a) Transfer to Indian Tribe.--Section 3405 of the Stro

National Defense Authorization Act for Fiscal Year 1999 (1

note; Public Law 105-261) is amended to read as follows:

Sec. 3405. Disposal of Oil Shale Reserve Numbered 2

(i)Remedial action at Moab site.

(1)(A) The Secretary of Energy shall prepare a plan fo

including ground water restoration, of the Moab site 

with title I of the Uranium Mill Tailings Radiation C

1978 (42 U.S.C. 7911 et seq.). The Secretary of Ene

into arrangements with the National Academy o

obtain the technical advice, assistance, and recomm

the National Academy of Sciences in objectively 

costs, benefits, and risks associated with variou

alternatives, including removal or treatment of radio

hazardous materials at the site, ground water restorat

term management of residual contaminants. If 

prepares a remediation plan that is not consis

recommendations of the National Academy of 

Secretary shall submit to Congress a report explaini

for deviation from the National Academy 

recommendations.

(B) The remediation plan required by subparagrap

completed not later than one year after the date of 

of the Floyd D. Spence National Defense Authoriz

Fiscal Year 2001 [enacted Oct. 30, 2000], and the 

Energy shall commence remedial action at the Moa

as practicable after the completion of the plan.

(C) The license for the materials at the Moab site 

Nuclear Regulatory Commission shall terminate one 

date of the enactment of the Floyd D. Spence Nat

Authorization Act for Fiscal Year 2001 [enacted O

unless the Secretary of Energy determines that the l

terminated earlier. Until the license is terminated

subject to the availability of funds appropriated spe

purpose described in clauses (i) through (iii) or mad

the Trustee from the Moab Mill Reclamation Trust, m

(i) interim measures to reduce or eliminate 

ammonia concentrations in the Colorado River

the United States Geological Survey in a repor

27, 2000;

(ii) activities to dewater the mill tailings at the M

(iii) other activities related to the Moab site, 

authority of the Nuclear Regulatory Commi

consultation with the Secretary of Energy.

10 USC 7420 

note.
consultation with the Trustee, the Nuclear 

Commission, and the State of Utah, an efficient an

for transferring all responsibilities and title to the Mo

the materials therein from the Trustee to the D

Energy.

(2) The Secretary of Energy shall limit the amounts 

carrying out the remedial action under paragraph (1) to–

(A) amounts specifically appropriated for 

action in an appropriation Act; and

(B) other amounts made available for the re

under this subsection.

(3)(A) The royalty payments received by the Secret

under subsection (e) shall be available to the Secr

further appropriation, to carry out the remedial 

paragraph (1) until such time as the Secretary deter

costs incurred by the United States to carry out the re

(other than costs associated with long-term monitori

paid.

(B) Upon making the determination re

subparagraph (A), the Secretary of Energy sha

remaining royalty amounts to the general fund of the 

release to the Tribe the royalty interest retained b

States under subsection (e).

(4)(A) Funds made available to the Department o

national security activities shall not be used to 

remedial action under paragraph (1), except that th

Energy may use such funds for program direction d

to the remedial action.

(B) There are authorized to be appropriated to 

of Energy to carry out the remedial action under para

sums as are necessary.

(5) If the Moab site is sold after the date on which th

Energy completes the remedial action under para

seller shall pay to the Secretary of Energy, for d

general fund of the Treasury, the portion of the sale 

Secretary determines resulted from the enhancemen

of the Moab site as a result of the remedial action. 

value of the Moab site shall be equal to the differen

(A) the fair market value of the Moab site 

enactment of the Floyd D. Spence National Defense 

Act for Fiscal Year 2001 [enacted Oct. 30, 200

information available on that date; and

(B) the fair market value of the Moab site, a

completion of the remedial action.

(6)1 (A) Not later than October 1, 2019, the Secretary o

complete remediation at the Moab site and removal 

to the Crescent Junction site in Utah.

(B) In the event the Secretary of Energy 

complete remediation at the Moab Site by Octobe

Secretary shall submit to Congress a plan sett

projected completion date and the estimated fundin

––––––––

1 6(A) and (B) added by P.L. 110–181, § 3402, 122 Stat. 590 (2008).
() 

Tailings Radiation Control Act of 1978 (42 USC 7912) i

adding at the end the following new subsection:

“(f ) DESIGNATION OF MOAB SITE AS PROCE

(1) DESIGNATION–Notwithstanding any othe

law, the Moab uranium milling site (referred to in th

as the ‘Moab site’) located approximately three miles 

Moab, Utah, and identified in the Final Environm

Statement issued by the Nuclear Regulatory Commis

1996 in conjunction with Source Materials License N

is designated as a processing site.

(2) APPLICABILITY–This title applies to the M

same manner and to the same extent as to other pr

designated under subsection (a), except that–

(A) sections 103, 104(b), 107(a), 112(a), and 

title shall not apply; and

(B) a reference in this title to the date of the e

this Act shall be treated as a reference to the date 

enactment of this subsection.

(3) REMEDIATION–Subject to the availability o

appropriations for this purpose, the Secretary shall c

remediation at the Moab site in a safe and environme

manner that takes into consideration the remedial act

prepared pursuant to section 3405(i) of the Strom Th

National Defense Authorization Act for Fiscal Year 

USC 7420 note; Public Law 105-261), including–

(A) ground water restoration; and

(B) the removal, to a site in the State of Utah

permanent disposition and any necessary stabiliz

residual radioactive material and other contamina

from the Moab site and the floodplain of the Col

(c) CONFORMING AMENDMENT–Section 3406 of th

Thurmond National Defense Authorization Act for Fiscal Y

USC 7420 note; Public Law 105-261) is amended by adding 

the following new subsection:

(f ) Oil Shale Reserve Numbered 2.–Thi

not apply to the transfer of Oil Shale Reserve Num

section 3405.''

NRC FORM 335 U.S. NUCLEAR REGULATORY COMMISSION 1. REPORT NUMBER 

(12-2010) (Assigned by NRC, Add Vol., Supp., Rev., 

NRCMD 3.7 and Addendum Numbers, if any.) 

BIBLIOGRAPHIC DATA SHEET NUREG 0980 

(See mstruct10ns on the reverse} Vol. I, No. 11 

2 TITLE AND SUBTITLE 3. DATE REPORT PUBLISHED 

Nuclear Regulatory Legislation MONTH 

I 

YEAR 

I 13th Congress, 2nd Session September I 2015 

4 FIN OR GRANT NUMBER 

5. AUTHOR(S) 6. TYPE OF REPORT 

Compilation ofNuc Legislation 

7. PERIOD COVERED (Inclusive Dates) 

Through the I 13th Con. (Dec '14) 

8. PERFORMING ORGANIZATION -NAME AND ADDRESS (If NRC, provide Division, Office or Region, U.S. Nuclear Regulatory Commission, and mailing address; if 

contractor, provide name and mailing address ) 

Office of the General Counsel 

U.S. Nuclear Regulatory Legislation 

Washington D.C. 20555-000 I 

9. SPONSORING ORGANIZATION - NAME AND ADDRESS (If NRC, type "Same as above", 1f contractor, provide NRC D1v1s1on, Office or Region, U.S. Nuclear Regulatory 

Commission, and mailing address.) 

Same as 8 above 

10. SUPPLEMENTARY NOTES 

11. ABSTRACT (200 words or less) 

This document is a compilation of nuclear regulatory legislation and other relevant material through the I 13th Congress, 2nd Session. 

This compilation has been prepared for use as a resource document, which the NRC intends to update at the end of every congress. 

The contents ofNUREG-0980 include the Commissioner Tenure; USC and AEA Cross Reference Index,; Atomic Energy Act of 

1954, as Amended; Energy Reorganization Act of 1974, as Amended; Reorganization Plan of 1980 and Other Documents Pertaining 

to NRC Jurisdiction; Low-Level Radioactive Waste; High-Level Radioactive Waste; Uranium Mill Tailings. NUREG-0980 also 

includes statutes and treaties on export licensing, nuclear non-proliferation, and environmental protection. 

12. KEY WORDS/DESCRIPTORS (List words or phrases that will assist researchers in locating the report.) 13 AVAILABILITY STATEMENT 

Nuclear Regulatory Legislation; Atomic Energy Act; Energy Reorganization Act; Nuclear Waste Policy unlimited 

Act; NRC Authorization and Appropriations Acts; Statutes; Treaties; Agreements on Export Licensing 14 SECURITY CLASSIFICATION 

and Non-Proliferation (This Page) 

unclassified 

(This Reporl) 

unclassified 

15. NUMBER OF PAGES 

16. PRICE 

NRC FORM 335 (12-2010) 


1

2

3

4

5

6

7

Commissioner Tenure

Atomic Energy Act of 1954, as Amended

Energy Reorganization Act of 1974, as Amended

Reorganization Plan of 1980 and Other Documents

Pertaining to NRC Jurisdiction

Low-Level Radioactive Waste

High-Level Radioactive Waste

8 Uranium Mill Tailings

USC and AEA Cross Reference Index
NUREG-0980 Nuclear Regulatory Legislation 

Vol. 1, No. 11 113th Congress; 2nd Session