Nuclear Regulatory

Legislation

NUREG-0980

Vol. 1, No. 10

112th Congress; 2nd Session

Office of the General Counsel
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Nuclear Regulatory

Legislation

NUREG-0980

Vol. 1, No. 10

112th Congress; 2nd Session

Prepared by:

Office of the General Counsel

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

Date Published: September 2013

iii

FOREWORD

This compilation of statutes and materials pertaining to nuclear regulatory 

legislation through the 112th Congress, 2nd Session, has been prepared by the 

Office of the General Counsel, U.S. Nuclear Regulatory Commission, with the 

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

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

sources. Furthermore, while every effort has been made to ensure the 

completeness and accuracy of this material, neither the United States 

Government, the Nuclear Regulatory Commission, nor any of their employees 

makes any expressed or implied warranty or assumes liability for the accuracy 

or completeness of the material presented in this compilation.

If you have any questions concerning this compilation, please contact:

Anthony de Jesús

Legislative Specialist

Office of the General Counsel

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

Anthony.deJesus@nrc.gov

v

Contents ___________

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

A. ATOMIC ENERGY COMMISSION, 1946–1975 .................................... 3

B. U.S. NUCLEAR REGULATORY COMMISSION, 1975–

PRESENT...................................................................................................... 4

2. Atomic Energy Act of 1954, as Amended ............................. 7

3. Energy Reorganization Act of 1974, as Amended ........... 229

4. Reorganization Plan of 1980 and Other Documents 

Pertaining to NRC Jurisdiction ............................................ 263

A. REORGANIZATION PLAN NO. 1 OF 1980....................................... 267

B. REORGANIZATION PLAN NO. 3 OF 1970 ....................................... 271

C. EXECUTIVE ORDER 11834—ACTIVATION OF THE ENERGY 

RESEARCH AND DEVELOPMENT ADMINISTRATION AND 

THE NUCLEAR REGULATORY COMMISSION.............................. 275

D. OMB MEMORANDUM REGARDING RESPONSIBILITY FOR 

SETTING RADIATION PROTECTION STANDARDS ..................... 276

E. PRESIDENT'S COMMISSION ON THE ACCIDENT AT THREE 

MILE ISLAND.......................................................................................... 278

5. Low-Level Radioactive Waste ........................................... 281

A. LOW-LEVEL RADIOACTIVE WASTE POLICY ACT OF 1985 

(TITLE 1), AS AMENDED...................................................................... 287

B. LOW-LEVEL RADIOACTIVE WASTE POLICY 

AMENDMENTS ACT OF 1985 (TITLE II, INCLUDES: NW, 

CENTRAL, SE, CENTRAL MIDWEST, MW, ROCKY 

MOUNTAIN, NE INTERSTATE COMPACTS)................................... 304

C. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE 

WASTE COMPACT CONSENT ACT................................................... 372

D. SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE 

DISPOSAL COMPACT CONSENT ACT ............................................. 384

E. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL 

COMPACT CONSENT ACT .................................................................. 394

6. High-Level Radioactive Waste.......................................... 405

A. NUCLEAR WASTE POLICY ACT OF 1982, AS AMENDED.......... 411
vi

B. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT 

OF 1992—(ENVIRONMENTAL PROTECTION STANDARDS)...... 489

C. PERTINENT PROVISIONS OF THE RONALD W. REAGAN 

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL 

YEAR 2005—(WASTE INCIDENTAL TO REPROCESSING).......... 492

D. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT 

OF 2005—(GREATER-THAN-CLASS C WASTE) ............................. 494

7. Uranium Mill Tailings ...................................................... 495

A. URANIUM MILL TAILINGS RADIATION CONTROL ACT OF 

1978, AS AMENDED................................................................................ 499

B. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT 

OF 1992—(REMEDIAL ACTION AND URANIUM 

REVITALIZATION)................................................................................ 523

C. NATIONAL DEFENSE AUTHORIZATION FISCAL YEAR 

2001—(PROVISIONS PERTAINING TO REMEDIAL ACTION

AT MOAB SITE)...................................................................................... 529
Commissioner Tenure 1

1. Commissioner Tenure

Commissioner Tenure 3

1. Commissioner Tenure

A. ATOMIC ENERGY COMMISSION, 1946–1975 

From To Remarks

David E. Lilienthal, Chairman Nov. 1, 1946 Feb. 15, 1950 Resigned

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

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

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

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

 Chairman July 2, 1953 June 30, 1958 Term expired

Henry De Wolf Smyth May 30, 1949 Sept. 30, 1954 Resigned 

Gordon Dean May 24, 1949 June 30, 1953 Term expired

 Chairman July 11, 1950 June 30, 1953

Thomas E. Murray May 9, 1950 June 30, 1957 Term expired

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

Eugene M. Zuckert Feb. 25, 1952 June 30, 1954 Term expired 

Joseph Campbell July 27, 1953 Nov. 30, 1954 Resigned 

Willard F. Libby Oct. 5, 1954 June 30, 1959 Resigned 

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

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

John S. Graham Sept. 12, 1957 June 30, 1962 Resigned 

John Forrest Floberg Oct. 1, 1957 June 23, 1960 Resigned

John A. McCone, Chairman July 14, 1958 Jan. 20, 1961 Resigned 

John H. Williams Aug. 13, 1959 June 30, 1960 Resigned 

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

Loren K. Olson June 23, 1960 June 30, 1962 Term expired

Glenn T. Seaborg, Chairman Mar. 1, 1961 Aug. 16, 1971 Resigned 

Leland J. Haworth Apr. 17, 1961 June 30, 1963 Resigned 

John G. Palfrey Aug. 31, 1962 June 30, 1966 Resigned 

James T. Ramey Aug. 31, 1962 June 30, 1973 Term expired 

Gerald F. Tape July 15, 1963 Apr. 30, 1969 Resigned 

Mary I. Bunting June 29, 1964 June 30, 1965 Term expired

Wilfrid E. Johnson Aug. 1, 1966 June 30, 1972 Term expired 

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

Francesco Costagliola Oct. 1, 1968 June 30, 1969 Term expired 

Theos J. Thompson June 12, 1969 Nov. 25, 1970 Deceased 

Clarence E. Larson Sept. 2, 1969 June 30, 1974 Term expired 

James R. Schlesinger, 

Chairman

Aug. 17, 1971 Feb. 5, 1973 Resigned 

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

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

abolished

 Chairman Feb. 6, 1973 Jan. 19, 1975

William E. Kriegsman June 12, 1973 Dec. 31, 1974 Resigned

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

abolished

––––––––

1 Designated Chairman February 6, 1973.
4 Commissioner Tenure

B. U.S. NUCLEAR REGULATORY COMMISSION, 1975–PRESENT

From From To Remarks

William A. Anders, 

Chairman 

Jan. 19, 1975 Apr. 20, 1976 Resigned

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

 Chairman Apr. 21, 1976 June 30, 1977 Term 

Expired

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

Victor Gilinksy Jan. 19, 1975 June 30, 1984 Term 

Expired2

Richard T. Kennedy Jan. 19, 1975 June 30, 1980 Term 

Expired

Joseph M. Hendrie, 

Chairman

Aug. 9, 1977 Dec. 7, 19793

 Commissioner Dec. 8, 1979 Mar. 2, 1981

 Chairman Mar. 3, 19814 June 30, 1981 Term 

Expired

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

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

 Chairman Dec. 7, 19795 Mar. 2, 1981

 Commissioner Mar. 3, 19816 June 30, 1983 Term 

Expired

Nunzio J. Palladino, 

Chairman

July 1, 1981 June 30, 1986 Term 

Expired

Thomas M. Roberts Aug. 3, 1981 June 30, 19907 Term 

Expired

James K. Asselstine May 17, 1982 June 30, 19878 Term 

Expired

Frederick M. Bernthal Aug. 4, 1983 June 30, 1988 Term 

Expired

Lando W. Zech, Jr. July 5, 1984 June 30, 19869

 Chairman July 1, 1986 June 30, 1989 Term 

Expired

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

 Chairman July 1, 1989 June 30, 1991 Term 

Expired

––––––––

2 Victor Gilinsky served two terms. The Senate reconfirmed his nomination for a term of 5 years on 

June 27, 1979. 3 On December 7, 1979, Joseph M. Hendrie vacated the chairmanship but remained as a Commissioner. 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 Commissioner. 7 Thomas M. Roberts’ first term expired on June 30, 1985; he took the oath of office for a second term on 

July 12, 1985. 8 James K. Asselstine completed Peter A. Bradford’s term and was appointed to a full 5–year term. 9 On June 28, 1984, Lando W. Zech, Jr., was nominated by the President. He received a recess appointment 

on July 3, 1984, and took office on July 5, 1984. On January 3, 1985, the President resubmitted the 

nomination to the 99th Congress for a full 5–year appointment. The Senate subsequently confirmed the 

nomination, and he took office for the full 5–year term on March 6, 1985. On July 1, 1986, Mr. Zech 

assumed the chairmanship.
Commissioner Tenure 5

B. U.S. NUCLEAR REGULATORY COMMISSION, 1975–PRESENT

From From To Remarks

Kenneth C. Rogers Aug. 7, 1987 June 30, 199710 Term 

Expired

James R. Curtiss Oct. 20, 1988 June 30, 1993 Term 

Expired

Forrest J. Remick Dec. 1, 1989 June 30, 1994 Term 

Expired

Ivan Selin, Chairman July 1, 1991 June 30, 199511 Resigned 

E. Gail de Planque Dec. 16, 1991 June 30, 1995 Term 

Expired

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

 Chairman July 1, 1995 June 30, 1999 Term 

Expired

Greta J. Dicus February 15, 

1996

June 30, 1998 Term 

Expired

October 27, 1998 June 30, 199912

 Chairman July 1, 1999 October 29, 199913

 Commissioner October 29, 

199914 June 30, 2003 Term Expired

Nils J. Diaz August 23, 1996 June 30, 2001 Term 

Expired

Nils J. Diaz October 4, 2001 March 31, 2003 Term 

Expired

 Chairman April 1, 200315 June 30, 2006 Term 

Expired

Edward McGaffigan, Jr. August 28, 1996 June 30, 2000 Term 

Expired

Edward McGaffigan, Jr. July 1, 2000 June 30, 2005 Term 

Expired

Edward McGaffigan, Jr. October 12, 

200516 September 2, 2007 Deceased

Jeffrey S. Merrifield October 23, 1998 June 30, 2002 Term 

Expired

Jeffrey S. Merrifield August 5, 2002 June 30, 2007 Term 

Expired

Richard A. Meserve, 

Chairman

October 29, 1999 March 31, 200317 Resigned

––––––––

10 Kenneth C. Rogers served as Commissioner from August 7, 1987, to June 30, 1992, and was reappointed 

as Commissioner from July 1, 1992, to June 30, 1997. 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, 1998. Her 

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 Commissioner. 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 Edward 

McGaffigan, Jr., was nominated on July 28, 2005, and confirmed by the Senate on October 7, 2005. 17 On March 31, 2003, Richard A. Meserve resigned.
6 Commissioner Tenure

B. U.S. NUCLEAR REGULATORY COMMISSION, 1975–PRESENT

From From To Remarks

Gregory B. Jaczko January 21, 2005 Recess 

Appointment18

Gregory B. Jaczko May 31, 2006 June 30, 2008 Term 

Expired

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

 Chairman May 13, 2009 June 29, 201219 Resigned

Peter B. Lyons January 25, 2005 Recess 

Appointment20

Peter B. Lyons May 31, 2006 June 30, 2009 Term 

Expired

Dale E. Klein, Chairman July 1, 2006 May 13, 2009

 Commissioner May 13, 200921 March 29, 2010 Resigned

Kristine L. Svinicki March 28, 2008 June 30, 2012 Term 

Expired

Kristine L. Svinicki July 1, 2012 June 30, 2017 Term 

Expires

William D. Magwood April 1, 2010 June 30, 2015 Term 

Expires

William C. Ostendorff April 1, 2010 June 30, 2011 Term 

Expired

William C. Ostendorff July 1, 2011 June 30, 2016 Term 

Expires

George Apostolakis April 23, 2010 June 30, 2014 Term 

Expires

Allison M. Macfarlane, 

 Chairman

July 9, 2012 June 30, 2013 Term 

Expires

––––––––

18 On January 19, 2005, President Bush appointed Gregory B. Jaczko during the Senate recess (effective to 

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

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

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

March 29, 2010, Dale E. Klein resigned his position as Commissioner.
Atomic Energy Act of 1954 (P.L. 83–703) 7

2. Atomic Energy Act of 1954, as 

Amended

Atomic Energy Act of 1954 (P.L. 83–703) 9

2. Atomic Energy Act of 1954, as Amended

Contents

Title I–Atomic Energy ............................................................................................ 15

Chapter 1–Declaration, Findings, and Purpose.................................................... 15

Sec. 1. Declaration................................................................................................... 15

Sec. 2. Findings........................................................................................................ 15

Sec. 3. Purpose......................................................................................................... 16

Chapter 2–Definitions............................................................................................. 17

Sec. 11. Definitions .................................................................................................. 17

Chapter 3–Organization......................................................................................... 24

Sec. 23. Office........................................................................................................... 24

Sec. 24. General Manager, Deputy and Assistant General Managers................ 25

Sec. 25. Divisions, Offices, and Positions............................................................... 26

Sec. 26. General Advisory Committee ................................................................... 27

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

Sec. 28. Appointment of Army, Navy, or Air Force Officers............................... 27

Sec. 29. Advisory Committee on Reactor Safeguards.......................................... 27

Chapter 4–Research................................................................................................ 28

Sec. 31. Research Assistance................................................................................... 28

Sec. 32. Research by the Commission.................................................................... 29

Sec. 33. Research for Others .................................................................................. 29

Chapter 5–Production of Special Nuclear Material............................................. 30

Sec. 41. Ownership and Operation of Production Facilities................................ 30

Sec. 42. Irradiation of Materials ............................................................................ 31

Sec. 43. Acquisition of Production Facilities......................................................... 31

Sec. 44. Disposition of Energy ................................................................................ 31

Chapter 6–Special Nuclear Material ..................................................................... 31

Sec. 51. Special Nuclear Material........................................................................... 31

Sec. 53. Domestic Distribution of Special Nuclear Material................................ 32

Sec. 54. Foreign Distribution of Special Nuclear Material .................................. 35

Sec. 55. Acquisition ................................................................................................. 37

Sec. 56. Guaranteed Purchase Prices..................................................................... 38

Sec. 57. Prohibition ................................................................................................. 38

Sec. 58. Review......................................................................................................... 40

Chapter 7–Source Material.................................................................................... 41

Sec. 61. Source Material ......................................................................................... 41

Sec. 62. License for Transfers Required................................................................ 41

Sec. 63. Domestic Distribution of Source Material............................................... 42

Sec. 64. Foreign Distribution of Source Material ................................................. 42

Sec. 65. Reporting.................................................................................................... 42

Sec. 66. Acquisition ................................................................................................. 43

Sec. 67. Operations on Lands Belonging to the United States............................. 43

Sec. 68. Public and Acquired Lands...................................................................... 43

Sec. 69. Prohibition ................................................................................................. 44

Chapter 8–Byproduct Material.............................................................................. 45

Sec. 8l. Domestic Distribution ................................................................................ 45

Sec. 82. Foreign Distribution of Byproduct Material........................................... 46

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

Disposable Sites......................................................................................... 46
10 Atomic Energy Act of 1954 (P.L. 83–703)

Sec. 84. Authorities of Commission Respecting Certain Byproduct 

Material ..................................................................................................... 49

Chapter 9–Military Application of Atomic Energy.............................................. 50

Sec. 91. Authority .................................................................................................... 50

Sec. 92. Prohibition ................................................................................................. 51

Chapter 10–Atomic Energy Licenses .................................................................... 52

Sec. 101. License Required ..................................................................................... 52

Sec. 102. Utilization and Production Facilities for Industrial or 

Commercial Purposes............................................................................... 52

Sec. 103. Commercial Licenses............................................................................... 52

Sec. 104. Medical Therapy and Research and Development............................... 53

Sec. 105. Antitrust Provisions................................................................................. 54

Sec. 106. Classes of Facilities.................................................................................. 57

Sec. 107. Operators’ Licenses................................................................................. 57

Sec. 108. War or National Emergency................................................................... 57

Sec. 109. Component and Other Parts of Facilities.............................................. 57

Sec. 110. Exclusions................................................................................................. 58

Sec. 111. Distribution by the Department of Energy............................................ 58

Chapter 11–International Activities...................................................................... 59

Sec. 121. Effect of International Arrangements ................................................... 59

Sec. 122. Policies Contained in International Arrangements.............................. 59

Sec. 123. Cooperation with Other Nations............................................................ 59

Sec. 124. International Atomic Pool....................................................................... 63

Sec. 125. Cooperation with Berlin.......................................................................... 63

Sec. 126. Export Licensing Procedures ................................................................. 64

Sec. 127. Criteria Governing United States Nuclear Exports.............................. 67

Sec. 128. Additional Export Criterion and Procedures ....................................... 68

Sec. 129. Conduct Resulting in Termination of Nuclear Exports ....................... 70

Sec. 130. Congressional Review Procedures ......................................................... 72

Sec. 131. Subsequent Arrangements...................................................................... 75

Sec. 132. Authority to Suspend Nuclear Cooperation with Nations Which 

Have Not Ratified the Convention on the Physical Security of 

Nuclear Material....................................................................................... 80

Sec. 133. Consultation with the Department of Defense Concerning Certain 

Exports and Subsequent Arrangements ................................................. 80

Sec. 134. Further Restrictions on Exports............................................................. 80

Chapter 12–Control of Information ...................................................................... 83

Sec. 141. Policy......................................................................................................... 83

Sec. 142. Classification and Declassification of Restricted Data ......................... 83

Sec. 143. Department of Defense Participation..................................................... 84

Sec. 144. International Cooperation ...................................................................... 84

Sec. 145. Restrictions............................................................................................... 86

Sec. 146. General Provisions................................................................................... 89

Sec. 147. Safeguards Information .......................................................................... 89

Sec. 148. Prohibition Against the Dissemination of Certain Unclassified 

Information................................................................................................ 91

Sec. 149. Fingerprinting for Criminal History Record Checks........................... 93

Chapter 13–Patents and Inventions....................................................................... 95

Sec. 151. Inventions Relating to Atomic Weapons, and Filing of Reports ......... 95

Sec. 152. Inventions Made or Conceived During Commission Contracts.......... 96

Sec. 153. Nonmilitary Utilization ........................................................................... 98
Atomic Energy Act of 1954 (P.L. 83–703) 11

Sec. 154. Injunctions ............................................................................................. 100

Sec. 155. Prior Art................................................................................................. 100

Sec. 156. Commission Patent Licenses................................................................. 100

Sec. 157. Compensation, Awards, and Royalties................................................ 100

Sec. 158. Monopolistic Use of Patents.................................................................. 101

Sec. 159. Federally Financed Research................................................................ 101

Sec. 160. Saving Clause......................................................................................... 101

Chapter 14–General Authority ............................................................................ 102

Sec. 161. General Provisions................................................................................. 102

Sec. 161A. Use of Firearms by Security Personnel............................................. 109

Sec. 162. Contracts................................................................................................ 110

Sec. 163. Advisory Committees............................................................................ 110

Sec. 164. Electric Utility Contracts...................................................................... 111

Sec. 165. Contract Practices................................................................................. 111

Sec. 166. Comptroller General Audit .................................................................. 111

Sec. 167. Claims Settlements ................................................................................ 112

Sec. 168. Payments in Lieu of Taxes.................................................................... 112

Sec. 169. No Subsidy.............................................................................................. 113

Sec. 170. Indemnification and Limitation of Liability ....................................... 113

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

Arrangements.......................................................................................... 131

Sec. 170B. Uranium Supply.................................................................................. 132

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

Retirees .................................................................................................... 134

Sec. 170D. Security Evaluations........................................................................... 134

Sec. 170E. Design Basis Threat Rulemaking....................................................... 135

Sec. 170F. Recruitment Tools............................................................................... 136

Sec. 170G. Expenses Authorized to be Paid by the Commission....................... 136

Sec. 170H. Radiation Source Protection.............................................................. 136

Sec. 170I. Secure Transfer of Nuclear Materials................................................ 140

Chapter 15–Compensation for Private Property Acquired............................... 140

Sec. 171. Just Compensation ................................................................................ 140

Sec. 172. Condemnation of Real Property........................................................... 141

Sec. 173. Patent Application Disclosures............................................................. 141

Sec. 174. Attorney General Approval of Title..................................................... 141

Chapter 16–Judicial Review and Administrative Procedure ............................ 141

Sec. 181. General ................................................................................................... 141

Sec. 182. License Applications.............................................................................. 141

Sec. 183. Terms of Licenses.................................................................................. 143

Sec. 184. Inalienability of Licenses....................................................................... 143

Sec. 185. Construction Permits and Operating Licenses ................................... 143

Sec. 186. Revocation.............................................................................................. 144

Sec. 187. Modification of License ......................................................................... 145

Sec. 188. Continued Operation of Facilities........................................................ 145

Sec. 189. Hearings and Judicial Review .............................................................. 145

Sec. 190. Licensee Incident Reports..................................................................... 147

Sec. 191. Atomic Safety and Licensing Board..................................................... 148

Sec. 192. Temporary Operating License ............................................................. 148

Sec. 193. Licensing of Uranium Enrichment Facilities ...................................... 151

Chapter 17–Joint Committee on Atomic Energy ............................................... 152

Chapter 18–Enforcement ..................................................................................... 154
12 Atomic Energy Act of 1954 (P.L. 83–703)

Sec. 221. General Provisions................................................................................. 154

Sec. 222. Violations of Specific Sections.............................................................. 155

Sec. 223. Violation of Sections Generally ............................................................ 155

Sec. 224. Communication of Restricted Data...................................................... 156

Sec. 225. Receipt of Restricted Data .................................................................... 156

Sec. 226. Tampering with Restricted Data.......................................................... 157

Sec. 227. Disclosure of Restricted Data ............................................................... 157

Sec. 228. Statute of Limitations............................................................................ 157

Sec. 229. Trespass on Commission Installations................................................. 157

Sec. 230. Photographing, etc., of Commission Installations............................... 158

Sec. 231. Other Laws............................................................................................. 158

Sec. 232. Injunction Proceedings ......................................................................... 158

Sec. 233. Contempt Proceedings .......................................................................... 158

Sec. 234. Civil Monetary Penalties for Violations of Licensing 

Requirements .......................................................................................... 159

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

Energy Safety Regulations..................................................................... 159

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

Energy Regulations Regarding Security of Classified or Sensitive 

Information or Data................................................................................ 161

Sec. 235. Protection of Nuclear Inspectors.......................................................... 162

Sec. 236. Sabotage of Nuclear Facilities or Fuel ................................................. 162

Chapter 19–Miscellaneous.................................................................................... 163

Sec. 241. Transfer of Property ............................................................................. 163

Sec. 242. Cold Standby.......................................................................................... 163

Sec. 243. Scholarship and Fellowship Program.................................................. 163

Sec. 244. Partnership Program with Institutions of Higher Education............ 165

Sec. 251. Report to Congress [Repealed]............................................................. 165

Sec. 261. Appropriations....................................................................................... 165

Sec. 271. Agency Jurisdiction............................................................................... 166

Sec. 272. Applicability of Federal Power Act...................................................... 167

Sec. 273. Licensing of Government Agencies...................................................... 167

Sec. 274. Cooperation with States........................................................................ 167

Sec. 275. Health and Environmental Standards for Uranium Mill Tailings.... 172

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

Concern of Nuclear Regulatory Commission ....................................... 175

Sec. 281. Separability ............................................................................................ 175

Sec. 291. Short Title .............................................................................................. 175

Chapter 20–Joint Committee on Atomic Energy Abolished; Functions and 

Responsibilities Reassigned .............................................................................. 176

Sec. 301. Joint Committee on Atomic Energy Abolished................................... 176

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

Energy and Conforming Amendments to Certain Other Laws.......... 176

Sec. 303. Information and Assistance to Congressional Committees................ 176

Chapter 21–Defense Nuclear Facilities Safety Board ........................................ 177

Sec. 311. Establishment......................................................................................... 177

Sec. 312. Functions of the Board.......................................................................... 178

Sec. 313. Powers of Board..................................................................................... 179

Sec. 314. Responsibilities of the Secretary of Energy......................................... 181

Sec. 315. Board Recommendations...................................................................... 181

Sec. 316. Reports ................................................................................................... 183
Atomic Energy Act of 1954 (P.L. 83–703) 13

Sec. 317. Judicial Review ...................................................................................... 183

Sec. 318. Definition................................................................................................ 183

Sec. 319. Contract Authority Subject to Appropriations................................... 184

Sec. 320. Transmittal of Certain Information to Congress................................ 184

Sec. 321. Annual Authorization of Appropriations............................................ 184

Title II–United States Enrichment Corporation................................................. 185

Chapter 22–General Provisions........................................................................... 185

Sec. 1201. Definitions ............................................................................................ 185

Sec. 1202. Purposes ............................................................................................... 186

Chapter 23–Establishment, Powers, and Organization of Corporation........... 187

Sec. 1301. Establishment of the Corporation...................................................... 187

Sec. 1302. Corporate Offices ................................................................................ 188

Sec. 1303. Powers of the Corporation.................................................................. 188

Sec. 1304. Board of Directors............................................................................... 188

Sec. 1305. Employees of the Corporation............................................................ 189

Sec. 1306. Audits.................................................................................................... 190

Sec. 1307. Annual Reports.................................................................................... 191

Sec. 1308. Accounts............................................................................................... 191

Sec. 1309. Obligations........................................................................................... 192

Sec. 1310. Exemption from Taxation and Payments in Lieu of Taxes.............. 193

Sec. 1311. Cooperation with Other Agencies...................................................... 193

Sec. 1312. Applicability of Certain Federal Laws .............................................. 193

Sec. 1313. Security................................................................................................. 194

Sec. 1314. Control of Information........................................................................ 194

Sec. 1315. Transition............................................................................................. 195

Sec. 1316. Working Capital Account................................................................... 195

Chapter 24–Rights, Privileges, and Assets of the Corporation ......................... 196

Sec. 1401. Marketing and Contracting Authority .............................................. 196

Sec. 1402. Pricing................................................................................................... 196

Sec. 1403. Leasing of Gaseous Diffusion Facilities of Department.................... 197

Sec. 1404. Capital Structure of Corporation....................................................... 197

Sec. 1405. Patents and Inventions........................................................................ 198

Sec. 1406. Liabilities.............................................................................................. 198

Sec. 1407. Transfer of Uranium Inventories....................................................... 199

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

Union........................................................................................................ 199

Chapter 25–Privatization of the Corporation..................................................... 199

Sec. 1501. Strategic Plan for Privatization.......................................................... 199

Sec. 1502. Privatization......................................................................................... 200

Chapter 26–AVLIS and Alternative Technologies for Uranium 

Enrichment......................................................................................................... 201

Sec. 1601. Assessment by United States Enrichment Corporation ................... 201

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

Corporation............................................................................................. 201

Sec. 1603. Predeployment Activities by United States Enrichment 

Corporation............................................................................................. 202

Sec. 1604. United States Enrichment Corporation Sponsorship of Private 

For-Profit Corporation to Construct AVLIS and Alternative 

Technologies for Uranium Enrichment ................................................ 202

Sec. 1605. AVLIS Commercialization Fund Within United States 

Enrichment Corporation........................................................................ 204
14 Atomic Energy Act of 1954 (P.L. 83–703)

Sec. 1606. Department Research and Development Assistance ........................ 204

Sec. 1607. Site Selection ........................................................................................ 204

Sec. 1608. Exclusion from Price-Anderson Coverage ........................................ 204

Chapter 27–Licensing and Regulation of Uranium Enrichment Facilities...... 205

Sec. 1701. Gaseous Diffusion Facilities................................................................ 205

Sec. 1702. Licensing of Other Technologies........................................................ 206

Sec. 1703. Regulation of Restricted Data............................................................. 206

Chapter 28–Decontamination and Decommissioning ........................................ 206

Sec. 1801. Uranium Enrichment Decontamination and Decommissioning 

Fund ......................................................................................................... 206

Sec. 1802. Deposits................................................................................................. 207

Sec. 1803. Department Facilities.......................................................................... 208

Sec. 1804. Employee Provisions............................................................................ 208

Sec. 1805. Reports to Congress ............................................................................ 208

Title III–Rescissions and Offsets.......................................................................... 209

Chapter 1–Energy and Water Development Uranium Enrichment 

Capacity.............................................................................................................. 209

Subchapter A–United States Enrichment Corporation Privatization.............. 209

Sec. 3101. Short Title ............................................................................................ 209

Sec. 3102. Definitions ............................................................................................ 209

Sec. 3103. Sale of the Corporation ....................................................................... 210

Sec. 3104. Method of Sale ..................................................................................... 210

Sec. 3105. Establishment of Private Corporation............................................... 210

Sec. 3106. Transfers to the Private Corporation ................................................ 211

Sec. 3107. Leasing of Gaseous Diffusion Facilities ............................................. 211

Sec. 3108. Transfer of Contracts.......................................................................... 213

Sec. 3109. Liabilities.............................................................................................. 214

Sec. 3110. Employee Protections.......................................................................... 215

Sec. 3111. Ownership Limitations........................................................................ 218

Sec. 3112. Uranium Transfers and Sales............................................................. 218

Sec. 3112A. Incentives for Additional Downblending of Highly Enriched 

Uranium by the Russian Federation ..................................................... 222

Sec. 3113. Low-Level Waste ................................................................................. 226

Sec. 3114. AVLIS................................................................................................... 227

Sec. 3115. Application of Certain Laws............................................................... 227
Atomic Energy Act of 1954 (P.L. 83–703) 15

A. THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

Public Law 83–703 68 Stat. 919

August 30, 1954

Title I–Atomic Energy

Chapter 1–Declaration, Findings, and Purpose

Sec. 1. Declaration

Atomic energy is capable of application for peaceful as well as 

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

States that1

–

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

directed so as to make the maximum contribution to the general welfare, 

subject at all times to the paramount objective of making the maximum 

contribution to the common defense and security; and

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

directed so as to promote world peace, improve the general welfare, 

increase the standard of living, and strengthen free competition in private 

enterprise.

Sec. 2. Findings

The Congress of the United States hereby makes the following 

findings concerning the development, use and control of atomic energy:2

a. The development, utilization, and control of atomic energy for 

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

security. –

c.3 The processing and utilization of source, byproduct, and special 

nuclear material affect interstate and foreign commerce and must be 

regulated in the national interest.

d. The processing and utilization of source, byproduct, and special 

nuclear material must be regulated in the national interest and in order to 

provide for the common defense and security and to protect the health 

and safety of the public.

e. Source and special nuclear material, production facilities, and 

utilization facilities are affected with the public interest, and regulation 

by the United States of the production and utilization of atomic energy 

and of the facilities used in connection therewith is necessary in the 

––––––––

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

Materials Act, reads as follows:

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

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

Act of 1954, as amended to regulate source, byproduct, and special nuclear 

material and production and utilization facilities or to control such materials 

and facilities exported from the United States by imposition of governmental 

guarantees and security safeguards with respect thereto, in order to assure the 

common defense and security and to protect the health and safety of the 

public, or to reduce the responsibility of the Atomic Energy Commission to 

achieve such objectives. 3 Amended by P.L. 88–489, § 1, 78 Stat. 602 (1964), which deleted subsection 2b. 

Subsection 2b read as follows:

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

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

common defense and security and to protect the health and safety of the 

public.

42 USC 2011.

Declaration.

42 USC 2012.

Findings.
16 Atomic Energy Act of 1954 (P.L. 83–703)

national interest to assure the common defense and security and to protect 

the health and safety of the public.

f. The necessity for protection against possible interstate damage 

occurring from the operation of facilities for production or utilization of 

source or special nuclear material places the operation of those facilities 

in interstate commerce for the purposes of this Act.

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

and use of atomic energy under conditions which will provide for the 

common defense and security and promote the general welfare.

i.4

 In order to protect the public and to encourage the development of 

the atomic energy industry, in the interest of the general welfare and of 

the common defense and security, the United States may make funds 

available for a portion of the damages suffered by the public from nuclear 

incidents, and may limit the liability of those persons liable for such 

losses.5

Sec. 3. Purpose

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

by providing for–

a. A program of conducting, assisting, and fostering research and 

development in order to encourage maximum scientific and industrial 

progress;

b. A program for the dissemination of unclassified scientific and 

technical information and for the control, dissemination, and 

declassification of Restricted Data, subject to appropriate safeguards, so 

as to encourage scientific and industrial progress;

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

production of atomic energy and special nuclear material, whether owned 

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

contribution to the common defense and security and the national 

welfare, and to provide continued assurance of the Government’s ability 

to enter into and enforce agreements with nations or groups of nations for 

the control of special nuclear materials and atomic weapons.6

d. A program to encourage widespread participation in the 

development and utilization of atomic energy for peaceful purposes to the 

maximum extent consistent with the common defense and security and 

with the health and safety of the public;

e. A program of international cooperation to promote the common 

defense and security and to make available to cooperating nations the 

benefits of peaceful applications of atomic energy as widely as expanding 

technology and considerations of the common defense and security will 

permit; and

f. A program of administration which will be consistent with the 

foregoing policies and programs, with international arrangements, and 

with agreements for cooperation, which will enable the Congress to be 

––––––––

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

Subsection 2h read as follows:

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

nuclear material be in the United States while such special nuclear 

material is within the 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 amendment, it read as 

follows:

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

production of atomic energy and special nuclear material so directed as 

to make the maximum contribution to the common defense and security 

and the national welfare;

42 USC 2013.

Purpose.
Atomic Energy Act of 1954 (P.L. 83–703) 17

currently informed so as to take further legislative action as may be 

appropriate.

Chapter 2–Definitions

Sec. 11. Definitions

The intent of Congress in the definitions as given in this section 

should be construed from the words or phrases used in the definitions. As 

used in this Act:

a. The term "agency of the United States" means the executive branch 

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

of the United States, or any agency, committee, commission, office, or 

other establishment in the legislative branch, or the judicial branch of the 

United States, or any office, agency, committee, commission, or other 

establishment in the judicial branch.

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

another nation or regional defense organization authorized or permitted 

by sections 54, 57, 64, 82, 91c., 103, 104, or 144, and made pursuant to 

section 123.7

c. The term "atomic energy" means all forms of energy released in the 

course of nuclear fission or nuclear transformation.

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

energy, exclusive of the means for transporting or propelling the device 

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

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

a weapon prototype, or a weapon test device.

e. The term "byproduct material" means–

(1) any radioactive material (except special nuclear material) 

yielded in or made radioactive by exposure to the radiation incident to 

the process of producing or utilizing special nuclear material;

(2) the tailings or wastes produced by the extraction or 

concentration of uranium or thorium from any ore processed 

primarily for its source material content;

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

extracted, or converted after extraction, before, on, or after August 8, 

2005, for use for a commercial, medical, or research activity; or

(B) any material that–

(i) has been made radioactive by use of a particle accelerator; 

and

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

before, on, or after the date of enactment of this paragraph for use 

for a commercial, medical, or research activity; and

(4) any discrete source of naturally occurring radioactive material, 

other than source material, that –

(A) the Commission, in consultation with the Administrator of the 

Environmental Protection Agency, the Secretary of Energy, the 

Secretary of Homeland Security, and the head of any other 

appropriate Federal agency, determines would pose a threat similar to 

the threat posed by a discrete source of radium–226 to the public 

health and safety or the common defense and security; and

––––––––

7 Amended by P.L. 87–206, § 2, 75 Stat. 475 (1961).

42 USC 2014.

Definitions.

Agency of the 

U.S.

Agreement for 

cooperation.

Atomic 

weapon.

Atomic energy.

Byproduct 

material.
18 Atomic Energy Act of 1954 (P.L. 83–703)

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

converted after extraction for use in a commercial, medical, or 

research activity.8

––––––––

8 Amended by P.L. 109–58, § 651(e)(1), 119 Stat. 806 (2005), which revised 

subsection (e) of § 11 (“Definitions”) of the Atomic Energy Act of 1954 by adding new 

paragraphs (3) and (4) to the definition of byproduct material. The former subsection (e) 

read as follows:

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

special nuclear material) yielded in or made radioactive by exposure to the 

radiation incident to the process of producing or utilizing special nuclear 

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

concentration of uranium or thorium from any ore processed primarily for its 

source material content.

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

to the material added to the Atomic Energy Act by paragraphs (3) and (4) of section 11e. of 

the Act:

(4) FINAL REGULATIONS.–

(A) REGULATIONS.– Deadline. (i) IN GENERAL.–Not later than 18 months after the date 

of enactment of this Act, the Commission, after consultation with States and 

other stakeholders, shall issue final regulations establishing such requirements 

as the Commission determines to be necessary to carry out this section and the 

amendments made by this section.

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

“discrete source ” for purposes of paragraphs (3) and (4) of section 11e. of the 

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

paragraph (1)).

(B) COOPERATION.–In promulgating regulations under paragraph (1), the 

Commission shall, to the maximum extent practicable–

(i) cooperate with States; and

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

Act.

(C) TRANSITION PLAN.– (i) DEFINITION OF BYPRODUCT MATERIAL.–In this paragraph, the 

term ‘byproduct material’ has the meaning given the term in paragraphs (3) 

and (4) of section 11e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) 

(as amended by paragraph (1)).

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

transition of regulatory authority with respect to byproduct material, the 

Commission, in issuing regulations under subparagraph (A), shall prepare and 

publish a transition plan for–

(I) States that have not, before the date on which the plan is published, 

entered into an agreement with the Commission under section 274b. of the 

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

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

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

(iii) INCLUSIONS.—The transition plan under clause (ii) shall include– (I) a description of the conditions under which a State may exercise authority 

over byproduct material; and

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

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

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. 2021(b)) 

before the date of publication of the transition plan shall be considered to 

include byproduct material, as defined in paragraph (3) or (4) of section 11e. 

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

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

the transition plan that–

(aa) the State has a program for licensing byproduct material, as defined in 

paragraph (3) or (4) of section 11e. of the Atomic Energy Act of 1954, that is 

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

Commission; and

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

of the State with respect to the byproduct material.
Atomic Energy Act of 1954 (P.L. 83–703) 19

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

g. The term "common defense and security" means the common 

defense and security of the United States.

h. The term "defense information" means any information in any 

category determined by any Government agency authorized to classify 

information, as being information respecting, relating to, or affecting the 

national defense.

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

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

therein; or (3) the research and development data pertinent to the 

information contained therein.

j. The term "extraordinary nuclear occurrence" means any event 

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

material from its intended place of confinement in amounts off-site, or 

causing radiation levels off-site, which the Nuclear Regulatory 

Commission or the Secretary of Energy, as appropriate, determines to be 

substantial, and which the Nuclear Regulatory Commission or the 

Secretary of Energy, as appropriate determines has resulted or will 

probably result in substantial damages to persons off-site or property offsite. Any determination by the Nuclear Regulatory Commission or the 

Secretary of Energy, as appropriate, that such an event has, or has not, 

occurred shall be final and conclusive, and no other official or any court 

shall have power or jurisdiction to review any such determination. The 

Nuclear Regulatory Commission or the Secretary of Energy, as 

appropriate, shall establish criteria in writing setting forth the basis upon 

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

 (D) AVAILABILITY OF RADIOPHARMACEUTICALS.–In promulgating 

regulations under subparagraph (A), the Commission shall consider the impact 

on the availability of radiopharmaceuticals to– (i) physicians; and

(ii) patients the medical treatment of which relies on radiopharmaceuticals.

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

Commission may grant a waiver to any entity of any requirement under this 

section or an amendment made by this section with respect to a matter relating 

to byproduct material (as defined in paragraphs (3) and (4) of section 11e. of 

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 accordance 

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

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)(1);

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

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

enactment of this Act; or

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

date of enactment of this Act.

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

granted to a State under subparagraph (A) if the Commission determines that– (I) the State has entered into an agreement with the Commission under 

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

(II) the agreement described in subclause (I) covers byproduct material (as 

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

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

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

adequate to protect the public health and safety.

(C) PUBLICATION–The Commission shall publish in the Federal Register a notice of any waiver granted under this subsection. 

Common defense 

and security.

Commission.

Design.

Defense 

information.

Extraordinary 

nuclear 

occurrence.
20 Atomic Energy Act of 1954 (P.L. 83–703)

site" means away from "the location" or "the contract location" as defined 

in the applicable Nuclear Regulatory Commission or the Secretary of 

Energy, as appropriate, indemnity agreement, entered into pursuant to 

section 170.9

k. The term "financial protection" means the ability to respond in 

damages for public liability and to meet the costs of investigating and 

defending claims and settling suits for such damages.10

l. The term "Government agency" means any executive department, 

commission, independent establishment, corporation, wholly or partly 

owned by the United States of America which is an instrumentality of the 

United States, or any board, bureau, division, service, office, officer, 

authority, administration, or other establishment in the executive branch 

of the Government.

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

obligations under a policy of insurance furnished as proof of financial 

protection; (2) any licensee, contractor or other person who is obligated 

under any other form of financial protection, with respect to such 

obligations; and (3) the Nuclear Regulatory Commission or the Secretary 

of Energy, as appropriate, with respect to any obligation undertaken by it 

in an indemnity agreement entered into pursuant to section 170.11

n. The term "international arrangement" means any international 

agreement hereafter approved by the Congress or any treaty during the 

time such agreement or treaty is in full force and effect, but does not 

include any agreement for cooperation.

o. Energy Committees’ means the Committee on Energy and Natural 

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

the House of Representatives.12

p. The term "licensed activity" means an activity licensed pursuant to 

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

q. The term "nuclear incident" means any occurrence, including an 

extraordinary nuclear occurrence,14 within the United States causing, 

within or outside the United States, bodily injury, sickness, disease, or 

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

out of or resulting from the radioactive, toxic, explosive, or other 

hazardous properties of source, special nuclear, or byproduct material:

Provided, however, That as the term is used in section 170 1., it shall 

include any such occurrence outside of the United States: and provided 

further, That as the term is used in section 170d., it shall include any such 

occurrence outside the United States if such occurrence involves source, 

special nuclear, or byproduct material owned by, and used by or under 

contract with, the United States: and provided further, That as the term is 

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

the United States and any other nation if such occurrence arises out of or 

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

properties of source, special nuclear, or byproduct material licensed 

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

connection with the operation of a licensed stationary production 

utilization facility or which moves outside the territorial limits of the 

––––––––

9 Added by P.L. 89–645, § 1, 80 Stat. 891 (1966). 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 the current names 

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).

Government 

agency.

Financial 

protection.

Indemnitor.

International 

arrangement.

Congressional 

Committee.

Nuclear 

incident.

Licensed 

activity.

42 USC 2091.

42 USC 2111.

42 USC 2121.

42 USC 2151.
Atomic Energy Act of 1954 (P.L. 83–703) 21

United States in transit from one person licensed by the Nuclear 

Regulatory Commission to another person licensed by the Nuclear 

Regulatory Commission.15

r. The term "operator" means any individual who manipulates the 

controls of a utilization or production facility.

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

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

group, Government agency other than the Commission, any State or any 

political subdivision of, or any political entity within a State, any foreign 

government or nation or any political subdivision of any such 

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

representative, agent, or agency of the foregoing.

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

incident occurring within the United States or outside the United States as 

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

in connection with the design, development, construction, operation, 

repair, maintenance, or use of the nuclear ship Savannah, the person with 

whom an indemnity agreement is executed or who is required to maintain 

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

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

outside the United States, the person with whom an indemnity agreement 

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

reason of his activities under any contract with the Secretary of Energy or 

any project to which indemnification under the provisions of section 

170d. has been extended or under any subcontract, purchase order or 

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

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

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

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

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

produce new special nuclear material.

––––––––

15 Added by P.L. 85–256, § 3, 71 Stat. 576 (1957). Before amendment by P.L. 89–645, 

80 Stat. 891 (1966) (see footnote 9 above), the subsection was amended by P.L. 87–615, 

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

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

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

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

radioactive, toxic, explosive, or other hazardous properties of source, special 

nuclear, or byproduct material; Provided however, That as the term is used in 

subsection 170.1., it shall mean any such occurrence outside of the United 

States rather than within the United States.

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

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

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

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

facility or device 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 Stat. 409 (1962), 

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

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

agreement is 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 follows: 

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

subsection 170c.” and “or who is required to maintain financial protection.” to 

the definition of the term person “indemnified.”

Person.

Operator.

Person 

indemnified.
22 Atomic Energy Act of 1954 (P.L. 83–703)

v.17 The term "production facility" means (1) any equipment or device 

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

special nuclear material in such quantity as to be of significance to the 

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

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

designed for such equipment or device as determined by the Commission. 

Except with respect to the export of a uranium enrichment production 

facility,18 19 such term as used in Chapters 10 and 16 shall not include 

any equipment or device (or important component part especially 

designed for such equipment or device) capable of separating the isotopes 

of uranium or enriching uranium in the isotope 235.20

w. The term "public liability"21 means any legal liability arising out of 

or resulting from a nuclear incident or precautionary evacuation 

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

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

precautionary evacuation) except: (i) claims under State or Federal 

workmen’s compensation acts of employees or persons indemnified who 

are employed at the site of and in connection with the activity where the 

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

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

of, or damage to property which is located at the site of and used in 

connection with licensed activity where the nuclear incident occurs. 

"Public liability" also includes damage to property of persons 

indemnified: Provided, That such property is covered under the terms of 

the financial protection required, except property which is located at the 

site of and used in connection with the activity where the nuclear incident 

occurs.

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

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

investigative findings and theories of a scientific or technical nature into 

practical application for experimental and demonstration purposes, 

including the experimental production and testing of models, devices, 

equipment, materials, and processes.

y. The term "restricted data" means all data concerning (1) design, 

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

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

––––––––

17 Amended by P.L. 101–575, § 5(a), 104 Stat. 2834 (1990). 18 Amended by P.L. 102–486, 106 Stat. 2955 (1992). Before amendment, the last 

sentence read as follows:

Except with respect to the export or a uranium enrichment production facility, 

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

device (or important component part especially designed for such equipment or 

device) capable of separating the isotopes of uranium or enriching uranium in 

the isotope 235. 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. 1321–349 (1996). 21 Added by P.L. 85–256, § 3, 71 Stat. 576 (1957). P.L. 87–206, § 3, 75 Stat. 475 (1961), 

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

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

resulting from a nuclear incident, except claims under State or Federal 

Workmen’s Compensation Acts of employees or persons indemnified who are 

employed at the site of and in connection with the activity where the nuclear 

incident occurs, and except for claims arising out of an act of war. “Public 

liability” also included damage to property of persons indemnified: Provided,

That such property is covered under the terms of the financial protection 

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

with the activity where the nuclear incident occurs.

Production 

facility.

Public liability.

Research and 

development.

Source 

material.

Restricted 

Data.
Atomic Energy Act of 1954 (P.L. 83–703) 23

production of energy, but shall not include data declassified or removed 

from the Restricted Data category pursuant to section 142.

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

other material which is determined by the Commission pursuant to the 

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

or more of the foregoing materials, in such concentration as the 

Commission may by regulation determine from time to time.

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

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

which the Commission, pursuant to the provisions of section 51, 

determines to be special nuclear material, but does not include source 

material; or (2) any material artificially enriched by any of the foregoing, 

but does not include source material.

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

includes all territories and possessions of the United States, the Canal 

Zone and Puerto Rico.22

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

except an atomic weapon, determined by rule of the Commission to be 

capable of making use of special nuclear material in such quantity as to 

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

as to affect the health and safety of the public, or peculiarly adapted for 

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

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

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

especially designed for such equipment or device as determined by the 

Commission.

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

fuel" have the meanings given such terms in section 2 of the Nuclear 

Waste Policy Act of 1982 (42 USC 10101).

ee. The term "transuranic waste" means material contaminated with 

elements that have an atomic number greater than 92, including 

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

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

concentrations as the Nuclear Regulatory Commission may prescribe to 

protect the public health and safety.

ff. The term "nuclear waste activities", as used in section 170, means 

activities subject to an agreement of indemnification under subsection d. 

of such section, that the Secretary of Energy is authorized to undertake, 

under this Act or any other law, involving the storage, handling, 

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

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

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

the Waste Isolation Pilot Project under section 213 of Public Law 96-164 

(93 Stat. 1265).

gg. The term "precautionary evacuation" means an evacuation of the 

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

route in the case of an accident involving transportation of source 

material, special nuclear material, byproduct material, high-level 

––––––––

22 Amended by P.L. 84–1006, § 1, 70 Stat. 1069 (1956). Before amendment, it read as 

follows: 

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

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

Special nuclear 

material.

United States.

Utilization 

facility.
24 Atomic Energy Act of 1954 (P.L. 83–703)

radioactive waste, spent nuclear fuel, or transuranic waste to or from a 

production or utilization facility, if the evacuation is–

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

incident but that poses imminent danger of bodily injury or property 

damage from the radiological properties of source material, special 

nuclear material, byproduct material, high-level radioactive waste, 

spent nuclear fuel, or transuranic waste, and causes an evacuation; 

and

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

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

and who reasonably determined that such an evacuation was 

necessary to protect the public health and safety.

hh. The term "public liability action", as used in section 170, means 

any suit asserting public liability. A public liability action shall be 

deemed to be an action arising under section 170, and the substantive 

rules for decision in such action shall be derived from the law of the State 

in which the nuclear incident involved occurs, unless such law is 

inconsistent with the provisions of such section.

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

the costs incurred by a plaintiff or a defendant in initiating, prosecuting, 

investigating, settling, or defending claims or suits for damages arising 

under such section.

Chapter 3–Organization

Sec. 23. Office

The principal office of the Commission shall be in or near the District 

of Columbia, but the Commission or any duly authorized representative 

may exercise any or all of its powers in any place; however, the 

Commission shall maintain an office for the service of processing papers 

within the District of Columbia.24

––––––––

24 Amended by P.L. 93–438, § 104(a), 88 Stat. 1233 (1974), repealed section 21 and 

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

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

Energy Commission, which shall be composed of five members, each of whom 

shall be a citizen of the United States. The President shall designate one 

member of the Commission as Chairman thereof to serve as such during the 

pleasure of the President. The Chairman may from time to time designate any 

other member of the Commission as Acting Chairman to act in the place and 

stead of the Chairman during his absence. The Chairman (or the Acting 

Chairman in the absence of the Chairman) shall preside at all meetings of the 

Commission and a quorum for the transaction of business shall consist of at 

least three members present. Each member of the Commission, including the 

Chairman, shall have equal responsibility and authority in all decisions and 

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

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

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

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

Chairman) shall be the official spokesman of the Commission in its relations 

with the Congress. Government agencies, persons or the public, and on behalf 

of the Commission, shall see to the faithful execution of the policies and 

decisions of the Commission, and shall report thereon to the Commission from 

time to time or as the Commission may direct. The Commission shall have an 

official seal which shall be judicially noticed.

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

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

Each member of the Commission, including the Chairman, shall have equal 

responsibility and authority in all decisions and actions of the Commission and 

shall have one vote.

42 USC 2033.

Office.
Atomic Energy Act of 1954 (P.L. 83–703) 25

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

There is hereby established within the Commission:25

a. A General Manager, who shall be the chief executive officer of the 

Commission, and who shall discharge such of the administrative and 

executive functions of the Commission as the Commission may direct. 

The General Manager shall be appointed by the Commission, shall serve 

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

Commission.26

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

General Manager during his absence when so directed by the General 

Manager, and who shall perform such other administrative and executive 

functions as the General Manager shall direct. The Deputy General 

Manager shall be appointed by the General Manager with the approval of 

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

shall be removable by the General Manager.27

c. Assistant General Managers, or their equivalents (not to exceed a 

total of three positions), who shall perform such administrative and 

executive functions as the General Manager shall direct. They shall be 

appointed by the General Manager with the approval of the Commission, 

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

removable by the General Manager.28

 Prior to repeal, § 22 read as follows:

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

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

Senate, the President shall set forth the experience and qualifications of the 

nominee. The term of office of each member of the Commission taking office 

after June 30, 1950, shall be five years, except that (1) the terms of office of 

the members first taking office after June 30, 1950, shall expire, as designated 

by the President at the time of the appointment, one at the end of one year, one 

at the end of two years, one at the end of three years, one at the end of four 

years, and one at the end of five years, after June 30, 1950: and (2) any 

member appointed to fill a vacancy occurring prior to the expiration of the 

term for which his predecessor was appointed, shall be appointed for the 

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

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

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

employment other than that of serving as a member of the Commission.

P.L. 88–426 (78 Stat. 400) (1964), section 305(10)(A) previously amended section 22a. by 

repealing the last sentence, which read:

Each member, except the Chairman, shall receive compensation at the rate of 

$22,000 per annum; and the member designated as Chairman shall receive 

compensation at the rate of $22,500 per annum.

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

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

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

section 24 read as follows:

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

Commission a General Manager, who shall discharge such of the 

administrative and executive functions of the Commission as the Commission 

may direct. The General Manager shall be appointed by the Commission, shall 

serve at the pleasure of the Commission, shall be removable by the 

Commission, and shall receive compensation at a rate determined by the 

Commission, but not in excess of $20,000 per annum. 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).

42 USC 2034.

General 

Manager, 

Deputy and 

Assistant 

General 

Managers.
26 Atomic Energy Act of 1954 (P.L. 83–703)

Sec. 25. Divisions, Offices, and Positions

There is hereby established within the Commission:29

a. A Division of Military Application and such other program 

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

determine to be necessary to the discharge of its responsibilities, 

including a division or divisions the primary responsibilities of which 

include the development and application of civilian uses of atomic 

energy. The Division of Military Application shall be under the direction 

of an Assistant General Manager for Military Application, who shall be 

appointed by the Commission and shall be an active commissioned 

officer of the Armed Forces serving in general or flag officer rank or 

grade, as appropriate. Each other program division shall be under the 

direction of a Director who shall be appointed by the Commission. The 

Commission shall require each such division to exercise such of the 

Commission’s administrative and executive powers as the Commission 

may determine;30

b. An Office of the General Counsel under the direction of the 

General Counsel who shall be appointed by the Commission;31 and

c. An Inspection Division under the direction of a Director who shall 

be appointed by the Commission.32 The Inspection Division shall be 

responsible for gathering information to show whether or not the 

contractors, licensees, and officers and employees of the Commission are 

complying with the provisions of this Act (except those provisions for 

which the Federal Bureau of Investigation is responsible) and the 

appropriate rules and regulations of the Commission.

d. such other executive management positions (not to exceed six in 

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

discharge of its responsibilities. Such positions shall be established by the 

General Manager with the approval of the Commission. They shall be 

appointed by the General Manager with the approval of the Commission, 

––––––––

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 amendment, 

section 25a read as follows:

a. A Division of Military Application and such other program divisions (not 

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

the discharge of its responsibilities, including a division or divisions the 

primary responsibilities of which include the development and application of 

civilian uses of atomic energy. Each such division shall be under the direction 

of a Director who shall be appointed by the Commission. The Director of the 

Division of Military Application shall be an active member of the Armed 

Forces. The Commission shall require each such division to exercise such of 

the Commission’s administrative and executive powers as the Commission 

may determine.

P.L. 88–426 (78 Stat. 400) (1964), section 306(f), earlier had amended the second sentence 

of section 25a. by deleting the last part, which read: “and shall receive compensation at a 

rate determined by the Commission, but not in excess of $19,000 per annum.” P.L. 85–287 

(71 Stat. 612) (1957), section 3, had amended that sentence by substituting $19,000 for 

$16,000.

31 Amended by P.L. 88–426, § 306(f), 78 Stat. 400 (1964), which amended section 25b 

by deleting the last part, which read as follows: “and shall receive compensation at a rate 

determined by the Commission, but not in excess of $19,500 per annum.” P.L. 85–287, 

section 3, 71 Stat. 612 (1957), had amended section 25b by substituting $19,500 for 

$16,000.

32 Amended by P.L. 88–426, § 306(f), 78 Stat. 400 (1964), which amended the first 

sentence of section 25c by deleting the last part, which read as follows: “and shall 

receive compensation at a rate determined by the Commission, but not in excess of 

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

sentence by substituting $19,000 for $16,000.

42 USC 2035.

Assistant 

General 

Manager for 

Military 

Application.

Divisions and 

offices.

Program 

divisions.

General 

Counsel.

Inspection 

Division.
Atomic Energy Act of 1954 (P.L. 83–703) 27

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

removable 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 Officers

Notwithstanding the provisions of any other law, the officer of the 

Army, Navy, or Air Force serving as Assistant General Manager for 

Military Application shall serve without prejudice to his commissioned 

status as such officer. Any such officer serving as Assistant General 

Manager for Military Application shall receive in addition to his pay and 

allowances, including special and incentive pays, for which pay and 

allowances the Commission shall reimburse his service, an amount equal 

to the difference between such pay and allowances, including special and 

incentive pays, and the compensation established for this position.36

Notwithstanding the provisions of any other law, any active or retired 

officer of the Army, Navy, or Air Force may serve as Chairman of the 

Military Liaison Committee without prejudice to his active or retired 

status as such officer. Any such active officer serving as Chairman of the 

Military Liaison Committee shall receive, in addition to his pay and 

allowances, including special and incentive pays, an amount equal to the 

difference between such pay and allowances, including special and 

incentive pays, and the compensation fixed for such Chairman. Any such 

retired officer serving as Chairman of the Military Liaison Committee 

shall receive the compensation fixed for such Chairman and his retired 

pay.37

Sec. 29. Advisory Committee on Reactor Safeguards

There is hereby established an Advisory Committee on Reactor 

Safeguards consisting of a maximum of fifteen members appointed by the 

Commission for terms of four years each. The Committee shall review 

safety studies and facility license applications referred to it and shall 

make reports thereon, shall advise the Commission with regard to the 

hazards of proposed or existing reactor facilities and the adequacy of 

proposed reactor safety standards, and shall perform such other duties as 

the Commission may request. One member shall be designated by the 

––––––––

33 Added by P.L. 85–287, § 3, 71 Stat. 612 (1957). P.L. 88–426, § 306(f), 78 Stat. 400 

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

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

deleting the last part of the sentence, which read as follows: “and shall receive 

compensation at a rate determined by the General Manager, but not in excess of 

$19,000 per annum.” 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 Stat. 4066 

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

sentences read as follows:

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

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

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

such officer serving as Director of the Division of Military Application shall 

receive in addition to his pay and allowances, including special and incentive 

pays, an amount equal to the difference between such pay and allowances, 

including special and incentive pays, and the compensation established for this 

position pursuant to section 303, or section 309 of the Federal Executive 

Salary Act of 1964. 37 Amended by P.L. 107–107, Division A, Title X, Subtitle E, section 1048(i)(11), 

115 Stat. 1230 (2001).

42 USC 2038.

Appointment of 

Army, Navy, or 

Air Force 

Officers.

Chairman, 

Military 

Liaison 

Committee.

42 USC 2039.

Committee on 

Reactor

Safeguards.
28 Atomic Energy Act of 1954 (P.L. 83–703)

Committee as its Chairman. The members of the Committee shall receive 

a per diem compensation for each day spent in meetings or conferences, 

or other work of the Committee, and all members shall receive their 

necessary traveling or other expenses while engaged in the work of the 

Committee. The provisions of section 163 shall be applicable to the 

Committee.38, 39

Chapter 4–Research

Sec. 31. Research Assistance

a. The Commission is directed to exercise its powers in such manner 

as to insure the continued conduct of research and development and 

training40 activities in the fields specified below, by private or public 

institutions or persons, and to assist in the acquisition of an everexpanding fund of theoretical and practical knowledge in such fields. To 

this end the Commission is authorized and directed to make arrangements 

(including contracts, agreements, and loans) for the conduct of research 

and development activities relating to–

(1) nuclear processes;

(2) the theory and production of atomic energy, including 

processes, materials, and devices related to such production;

(3) utilization of special nuclear material and radioactive material 

for medical, biological, agricultural, health, or military purposes;

(4) utilization of special nuclear material, atomic energy, and 

radioactive material and processes entailed in the utilization or 

production of atomic energy or such material for all other purposes, 

including industrial or commercial uses, the generation of usable 

energy, and the demonstration of advances in the commercial or 

industrial application of atomic energy;41

(5) the protection of health and the promotion of safety during 

research and production activities; and

(6) the preservation and enhancement of a viable environment by 

developing more efficient methods to meet the Nation‛s energy 

needs.42

b. GRANTS AND CONTRIBUTIONS.–The Commission is 

authorized–

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

and operation of reactors and other facilities and other equipment to 

colleges, universities, hospitals, and eleemosynary or charitable 

––––––––

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 following two 

sentences, which had previously been added by P.L. 99–209, § 5, 91 Stat. 1483 

(1977):

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

of all available sources, shall undertake a study of reactor safety research and 

prepare and submit annually to the Congress a report containing the results of 

such study. The first such report shall be submitted to the Congress no later 

than December 31, 1977. 40 Amended by P.L.84–1006, § 2, 70 Stat. 1069 (1956), added the words “and training.” 41 Amended by P.L. 91–560, § 1, 84 Stat. 1472 (1970). Previously paragraph 31a(4), 

read as follows: 

Utilization of special nuclear material, atomic energy, and radioactive 

material and processes entailed in the utilization or production of atomic 

energy or such material for all other purposes, including industrial use, the 

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

utilization or production facilities for industrial or commercial purposes; and. 42 Added by P.L. 92–84, § 201(a), 85 Stat. 304 (1971).

42 USC 2051.

Research 

assistance.

Grants for 

construction of 

reactors, etc.
Atomic Energy Act of 1954 (P.L. 83–703) 29

institutions for the conduct of educational and training activities 

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

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

and equipment to institutions of higher education (as defined in 

section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) to 

support courses, studies, training, curricula, and disciplines pertaining 

to nuclear safety, security, or environmental protection, or any other 

field that the Commission determines to be critical to the regulatory 

mission of the Commission.43

c. The Commission may (1) make arrangements pursuant to this 

section, without regard to the provisions of section 3709 of the Revised 

Statutes, as amended, upon certification by the Commission that such 

action is necessary in the interest of the common defense and security, or 

upon a showing by the Commission that advertising is not reasonably 

practicable; (2) make partial and advance payments under such 

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

such of its equipment and facilities as it may deem desirable.

d. The arrangements made pursuant to this section shall contain such 

provisions (1) to protect health, (2) to minimize danger to life or 

property, and (3) to require the reporting and to permit the inspection of 

work performed thereunder, as the Commission may determine. No such 

arrangement shall contain any provisions or conditions which prevent the 

dissemination of scientific or technical information, except to the extent 

such dissemination is prohibited by law.

Sec. 32. Research by the Commission

The Commission is authorized and directed to conduct, through its 

own facilities, activities and studies of the types specified in section 31.

Sec. 33. Research for Others

Where the Commission finds private facilities or laboratories are 

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

through its own facilities, such of those activities and studies of the types 

specified in section 31 as it deems appropriate to the development of 

energy.44 To the extent the Commission determines that private facilities 

or laboratories are inadequate to the purpose, and that the Commission’s 

facilities, or scientific or technical resources have the potential of lending 

significant assistance to other persons in the fields of protection of public 

health and safety, the Commission may also assist other persons in these 

fields by conducting for such persons, through the Commission’s own 

facilities, research and development or training activities and studies. The 

Commission is authorized to determine and make such charges as in its 

discretion may be desirable for the conduct of the activities and studies 

referred to in this section.45

––––––––

43 Amended by P.L. 109–58, Title VI, § 651(c)(1), 119 Stat. 801 (2005). 44 Amended by P.L. 92–84, section 201(b), 85 Stat. 304 (1971). Before amendment, it 

read as follows:

Where the Commission finds private facilities or laboratories are inadequate 

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

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

section 31 as it deems appropriate to the development of atomic energy. 45 Amended by P.L. 90–190, section 7, 81 Stat. 575 (1967). Before amendment, the 

section read as follows:

Sec. 33. RESEARCH FOR OTHERS.–Where the Commission finds private 

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

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

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

development of atomic energy. The Commission is authorized to determine 

41 USC 252(c) 

(See 41 USC

260(b)).

42 USC 2052.

Research by the 

Commission.

42 USC 2053.

Research for 

others.
30 Atomic Energy Act of 1954 (P.L. 83–703)

Chapter 5–Production of Special Nuclear Material

Sec. 41. Ownership and Operation of Production Facilities

a. Ownership of Production Facilities.–The Commission, as agent of 

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

production facilities other than facilities which (1) are useful in the 

conduct of research and development activities in the fields specified in 

section 31, and do not, in the opinion of the Commission, have a potential 

production rate adequate to enable the user of such facilities to produce 

within a reasonable period of time a sufficient quantity of special nuclear 

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

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

Enrichment Corporation.46

b. Operation of the Commission’s Production Facilities.–The 

Commission is authorized and directed to produce or to provide for the 

production of special nuclear material in its own production facilities. To 

the extent deemed necessary, the Commission is authorized to make, or 

to continue in effect, contracts with persons obligating them to produce 

special nuclear material in facilities owned by the Commission. The 

Commission is also authorized to enter into research and development 

contracts authorizing the contractor to produce special nuclear material in 

facilities owned by the Commission to the extent that the production of 

such special nuclear material may be incident to the conduct of research 

and development activities under such contracts. Any contract entered 

into under this section shall contain provisions (1) prohibiting the 

contractor from subcontracting any part of the work he is obligated to 

perform under the contract, except as authorized by the Commission; and 

(2) obligating the contractor (A) to make such reports pertaining to 

activities under the contract to the Commission as the Commission may 

require (B) to submit to inspection by employees of the Commission of 

all such activities, and (C) to comply with all safety and security 

regulations which may be prescribed by the Commission. Any contract 

made under the provisions of this paragraph may be made without regard 

to the provisions of section 3079 of the Revised Statutes, as amended, 

upon certification by the Commission that such action is necessary in the 

interest of the common defense and security, or upon a showing by the 

Commission that advertising is not reasonable practicable. Partial and 

advance payments may be made under such contracts.47

c. Operation of Other Production Facilities.–Special nuclear material 

may be produced in the facilities which under this section are not 

required to be owned by the Commission.

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

such activities and studies. 46 Amended by P.L. 101–575, § 5(c), 104 Stat. 2835 (1990), and P.L. 102–486, 106 Stat. 2943 (1992), added new section (3). 47 Amended by P.L. 90–190, section 8, 81 Stat. 575 (1967), which deleted the last 

sentence of section 41b, which read as follows:

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

of special nuclear material to be produced under this section and shall specify 

in such determination the quantities of special nuclear material to be available 

for distribution by the Commission pursuant to section 53 or section 54.

42 USC 2061.

Ownership and 

operation of 

production 

facilities.

41 USC 252(c) 

(See 41 USC 

260(b)).

Operation of the 

Commission’s 

production 

facilities.

Operation of 

other production

facilities.
Atomic Energy Act of 1954 (P.L. 83–703) 31

Sec. 42. Irradiation of Materials

The Commission and persons lawfully producing or utilizing special 

nuclear material are authorized to expose materials of any kind to the 

radiation incident to the processes of producing or utilizing special 

nuclear material.

Sec. 43. Acquisition of Production Facilities

The Commission is authorized to purchase any interest in facilities for 

the production of special nuclear materials, or in real property on which 

such facilities are located, without regard to the provisions of section 

3709 of the Revised Statutes, as amended, upon certification by the 

Commission that such action is necessary in the interest of the common 

defense and security, or upon a showing by the Commission that 

advertising is not reasonably practicable. Partial and advance payments 

may be made under contracts for such purposes. The Commission is 

further authorized to requisition, condemn, or otherwise acquire any 

interest in such production facilities, or to condemn or otherwise acquire 

such real property, and just compensation shall be made therefor.

Sec. 44. Disposition of Energy

If energy is produced at production facilities of the Commission or is 

produced in experimental utilization facilities of the Commission, such 

energy may be used by the Commission, or transferred to other 

Government agencies, or sold to publicly, cooperatively, or privately 

owned utilities or users at reasonable and nondiscriminatory prices. If the 

energy produced is electric energy, the price shall be subject to regulation 

by the appropriate agency having jurisdiction. In contracting for the 

disposal of such energy, the Commission shall give preference and 

priority to public bodies and cooperatives or to privately owned utilities

providing electric utility services to high cost areas not being served by 

public bodies or cooperatives. Nothing in this Act shall be construed to 

authorize the Commission to engage in the sale or distribution of energy 

for commercial use except such energy as may be produced by the 

Commission incident to the operation of research and development 

facilities of the Commission, or of production facilities of the 

Commission.

Chapter 6–Special Nuclear Material

Sec. 51. Special Nuclear Material

The Commission may determine from time to time that other material 

is special nuclear material in addition to that specified in the definition as 

special nuclear material. Before making any such determination, the 

Commission must find that such material is capable of releasing 

substantial quantities of atomic energy and must find that the 

determination that such material is special nuclear material is in the 

interest of the common defense and security, and the President must have 

expressly assented in writing to the determination. The Commission’s 

determination, together with the assent of the President, shall be 

submitted to the Energy48 Committee49 and a period of thirty days shall 

elapse while Congress is in session (in computing such thirty days, there 

shall be excluded the days on which either House is not in session 

because of an adjournment for more than three days) before the 

––––––––

48 Amended by P.L. 103–437, § 15(f))(2), 108 Stat. 4592 (1994). 49 See P.L. 95–110, § 301b.

42 USC 2062.

Irradiation of 

materials.

42 USC 2063.

Acquisition of 

production

facilities.

44 USC 252(c) 

(See 41 USC 

260(b)).

42 USC 2064.

Disposition of 

energy.

42 USC 2071.

Special nuclear 

material.
32 Atomic Energy Act of 1954 (P.L. 83–703)

determination of the Commission may become effective: Provided, 

however, That the Energy50 Committee, after having received such 

determination, may by resolution in writing, waive the conditions of or 

all or any portion of such thirty-day period.

Sec. 53. Domestic Distribution of Special Nuclear Material

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

receive in interstate commerce, transfer, deliver, acquire, possess, own, 

receive possession of or title to, import, or export under the terms of an 

agreement for cooperation arranged pursuant to section 123, special 

nuclear material, (ii) to make special nuclear material available for the 

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

within the United States to qualified applicants requesting such material– 52

(1) for the conduct of research and development activities of the 

types specified in section 31;

(2) for use in the conduct of research and development activities 

or in medical therapy under a license issued pursuant to section 104;

(3) for use under a license issued pursuant to section 103;

(4) for such other uses as the Commission determines to be 

appropriate to carry out the purposes of this Act.53

b. The Commission shall establish, by rule, minimum criteria for the 

issuance of specific or general licenses for the distribution of special 

nuclear material depending upon the degree of importance to the common 

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

(1) the physical characteristics of the special nuclear material to be 

distributed;

(2) the quantities of special nuclear material to be distributed; and

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

distributed.

––––––––

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 read as follows:

Section 52 of the Atomic Energy Act of 1954, as amended, is repealed. All 

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

United States solely by virtue of the provisions of the first sentence of such 

section 52, and not by any other transaction authorized by the Atomic Energy 

Act of 1954, as amended, or other applicable law, are hereby extinguished.

Section 52 read as follows:

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

title, and interest in or to any special nuclear material within or under the 

jurisdiction of the United States, now or hereafter produced, shall be the 

property of the United States and shall be administered and controlled by the 

Commission as agent of and on behalf of the United States by virtue of this 

Act. Any person owning any interest in any special nuclear material at the 

time when such material is hereafter determined to be a special nuclear 

material shall be paid just compensation therefor. Any person who lawfully 

produces any special nuclear material, except pursuant to a contract with the 

Commission under the provisions of section 31 or section 41, shall be paid a 

fair price, determined pursuant to section 56, for producing such material. 52 Amended by P.L. 88–489, § 5, 78 Stat. 602 (1964). Before amendment, this 

subsection read as follows:

a. The Commission is authorized to issue licenses for the possession of, to 

make available for the period of the license, and to distribute special nuclear 

material within the United States to qualified applicants requesting such 

material– 53 Added by P.L. 85–681, § 1, 72 Stat. 632 (1958).

42 USC 2073.

Nuclear material 

licenses.
Atomic Energy Act of 1954 (P.L. 83–703) 33

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

licensed under this section by sale, lease, lease with option to buy, or 

grant.54 Provided however, That unless otherwise authorized by law, the 

Commission shall not after December 31, 1970, distribute special nuclear 

material except by sale55 to any person who possesses or operates a 

utilization facility under a license pursuant to section 103 or 104b. for use 

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

permit any such person after June 30, 1973, to continue leasing for use in 

the course of such activities special nuclear material previously leased to 

such person by the Commission.

(2) The Commission shall establish reasonable sales prices for the 

special nuclear material licensed and distributed by sale under this 

section. Such sales prices shall be established on a nondiscriminatory 

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

reasonable compensation to the Government for such special nuclear 

material.

(3) The Commission is authorized to enter into agreements with 

licensees for such period of time as the Commission may deem 

necessary or desirable to distribute to such licensees such quantities of 

special nuclear material as may be necessary for the conduct of the 

licensed activity. In such agreements, the Commission may agree to 

repurchase any special nuclear material licensed and distributed by 

sale which is not consumed in the course of the licensed activity, or 

any uranium remaining after irradiation of such special nuclear 

material, at a repurchase price not to exceed the Commission’s sale 

price for comparable special nuclear material or uranium in effect at 

the time of delivery of such material to the Commission.

(4) The Commission may make a reasonable charge, determined

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

licensed and distributed by lease under subsection 53a.(1), (2) or (4)56

and shall make a reasonable charge determined pursuant to this 

section for the use of special nuclear material licensed and distributed 

by lease under subsection 53a.(3). The Commission shall establish 

criteria in writing for the determination of whether special nuclear 

material will be distributed by grant and for the determination of 

whether a charge will be made for the use of special nuclear material 

licensed and distributed by lease under subsection 53a.(1), (2) or (4), 

considering, among other things, whether the licensee is a nonprofit or 

eleemosynary institution and the purposes for which the special 

nuclear material will be used.57

––––––––

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

subsection read as follows:

c. The Commission may make a reasonable charge, determined pursuant to 

this section, for the use of special nuclear material licensed and distributed 

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

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

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

establish criteria in writing for the determination of whether a charge will be 

made for the use of special nuclear material licensed and distributed under 

subsection 53a.(1), (2) or (4) considering, among other things, whether the 

licensee is a nonprofit or eleemosynary institution and the purposes for which 

the special nuclear material will be used.

Distribution.

Agreements.

Charges.
34 Atomic Energy Act of 1954 (P.L. 83–703)

d. In determining the reasonable charge to be made by the 

Commission for the use of special nuclear material distributed by lease58

to licensees of utilization or production facilities licensed pursuant to 

section 103 or section 104, in addition to consideration of the cost 

thereof, the Commission shall take into consideration–

(1) the use to be made of the special nuclear material;

(2) the extent to which the use of the special nuclear material will 

advance the development of the peaceful uses of atomic energy;

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

particular use for which the license is issued;

(4) whether the special nuclear material is to be used in facilities 

licensed pursuant to section 103 or section 104. In this respect, the 

Commission shall, insofar as practicable, make uniform, 

nondiscriminatory charges for the use of special nuclear material 

distributed to facilities licensed pursuant to section 103; and

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

licensed pursuant to section 103, the Commission shall make a further 

charge equivalent to the sale price for similar special nuclear material 

established by the Commission in accordance with subsection 53c.(2), 

and the Commission may make such a charge with respect to such 

material consumed in a facility licensed pursuant to section 104.59

e. Each license issued pursuant to this section shall contain and be 

subject to the following conditions–

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

the license except as defined by the license;

(3) neither the license nor any right under the license shall be 

assigned or otherwise transferred in violation of the provisions of this 

Act;

(4) all special nuclear material shall be subject to the right of 

recapture or control reserved by section 108 and to all other 

provisions of this Act;

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

production facility except in accordance with the provisions of this 

Act;

(6) special nuclear material shall be distributed only on terms, as 

may be established by rule of the Commission, such that no user will 

be permitted to construct an atomic weapon;

(7) special nuclear material shall be distributed only pursuant to 

such safety standards as may be established by rule of the 

Commission to protect health and to minimize danger to life or 

property; and

(8) except to the extent that the indemnification and limitation of 

liability provisions of section 170 apply, the licensee will hold the 

United States and the Commission harmless from any damages 

––––––––

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 amendment, this paragraph 

read as follows:

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

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

the cost to the Commission, as estimated by the Commission, or the average 

fair price paid for the production of such special nuclear material as 

determined by section 56, whichever is lower. 60 Amended by P.L. 88–489, § 8, 78 Stat. 602 (1964), which deleted subsection 53e(1). 

Subsection 53e(1) read as follows: “ (1) title to all special nuclear material shall at all 

times be in the United States:”

License 

conditions.
Atomic Energy Act of 1954 (P.L. 83–703) 35

resulting from the use or possession of special nuclear material by the 

licensee.61

f. The Commission is directed to distribute within the United States 

sufficient special nuclear material to permit the conduct of widespread 

independent research and development activities to the maximum extent 

practicable.62 In the event that applications for special nuclear material 

exceed the amount available for distribution, preference shall be given to 

those activities which are most likely, in the opinion of the Commission, 

to contribute to basic research, to the development of peacetime uses of 

atomic energy, or to the economic and military strength of the Nation.

Sec. 54. Foreign Distribution of Special Nuclear Material

a. The Commission is authorized to cooperate with any nation or 

group of nations by distributing special nuclear material and to distribute 

such special nuclear material, pursuant to the terms of an agreement for 

cooperation to which such nation or group of nations is a party and which 

is made in accordance with section 123. Unless hereafter otherwise 

authorized by law the Commission shall be compensated for special 

nuclear material so distributed at not less than the Commission’s 

published charges applicable to the domestic distribution of such 

material, except that the Commission to assist and encourage research on 

peaceful uses or for medical therapy may so distribute without charge 

during any calendar year only a quantity of such material which at the 

time of transfer does not exceed in value $10,000 in the case of one 

nation or $50,000 in the case of any group of nations. The Commission 

may distribute to the International Atomic Energy Agency, or to any 

group of nations, only such amounts of special nuclear materials and for 

such period of time as are authorized by Congress: Provided, however,

That, (i) notwithstanding this provision, the Commission is hereby 

authorized, subject to the provisions of section 123, to distribute to the 

Agency, five thousand kilograms of contained uranium-235, five hundred 

grams of uranium-233, and three kilograms of plutonium, together with 

the amounts of special nuclear material which will match in amount the 

sum of all quantities of special nuclear materials made available by all 

other members of the Agency to June 1, 1960; and (ii) notwithstanding 

the foregoing provisions of this subsection, the Commission may 

distribute to the International Atomic Energy Agency, or to any group of 

nations, such other amounts of special nuclear materials and for such 

other periods of time as are established in writing by the Commission: 

Provided, however, That before they are established by the Commission 

pursuant to this subdivision (ii), such proposed amounts and periods shall 

be submitted to the Congress and referred to the Energy Committees63

and a period of sixty days shall elapse while Congress is in session (in 

computing such sixty days, there shall be excluded the days on which 

either House is not in session because of adjournment of more than three 

days): and provided further, That any such proposed amounts and periods 

shall not become effective if during such sixty-day period the Congress 

passes a concurrent resolution stating in substance that it does not favor 

the proposed action: and provided further, That prior to the elapse of the 

––––––––

61 Amended by P.L. 85–256, section 2, 71 Stat. 576. Before amendment, this subsection 

read as follows: “(8) the licensee will hold the United States and the Commission 

harmless from any damages resulting from the use or possession of special nuclear 

material by the licensee.” 62 Amended by P.L. 90–190, section 9, 81 Stat. 575 (1967). 63 Amended by See P.L.95–110, § 301b; P.L. 103–437, § 15(f)(3)(A), 108 Stat. 4581 

(1994).

Distribution for 

independent 

research, etc.

42 USC 2074.

Foreign 

distribution of

special nuclear 

material.
36 Atomic Energy Act of 1954 (P.L. 83–703)

first thirty days of any such sixty-day period the Energy Committees64

shall submit to their respective houses reports of their views and 

recommendations respecting the proposed amounts and periods and an 

accompanying proposed concurrent resolution stating in substance that 

the Congress favors, or does not favor, as the case may be, the proposed 

amounts or periods. The Commission may agree to repurchase any 

special nuclear material distributed under a sale arrangement pursuant to 

this subsection which is not consumed in the course of activities 

conducted in accordance with the agreement for cooperation, or any 

uranium remaining after irradiation of such special nuclear material, at a 

repurchase price not to exceed the Commission’s sale price for 

comparable special nuclear material or uranium in effect at the time of 

delivery of such material to the Commission. The Commission may also 

agree to purchase, consistent with and within the period of the agreement 

for cooperation, special nuclear material produced in a nuclear reactor 

located outside the United States through the use of special nuclear 

material which was leased or sold pursuant to this subsection. Under any 

such agreement the Commission shall purchase only such material as is 

delivered to the Commission during any period when there is in effect a 

guaranteed purchase price for the same material produced in a nuclear 

reactor by a person licensed under section 104, established by the 

Commission pursuant to section 56, and the price to be paid shall be the 

price so established by the Commission and in effect for the same 

material delivered to the Commission.

b. Notwithstanding the provisions of sections 123, 124, and 125, the 

Commission is authorized to distribute to any person outside the United 

States (1) plutonium containing 80 percent centrum or more by weight of 

plutonium-238, and (2) other special nuclear material when it has, in 

accordance with subsection 57d., exempted certain classes or quantities 

of such other special nuclear material or kinds of uses or users thereof 

from the requirements for a license set forth in this chapter. Unless 

hereafter otherwise authorized by law, the Commission shall be 

compensated for special nuclear material so distributed at not less than 

the Commission’s published charges applicable to the domestic 

distribution of such material. The Commission shall not distribute any 

plutonium containing 80 per centrum or more by weight of plutonium238 to any person under this subsection if, in its opinion, such 

distribution would be inimical to the common defense and security. The 

Commission may require such reports regarding the use of material 

distributed pursuant to the provisions of this subsection as it deems 

necessary.

c. The Commission is authorized to license or otherwise permit others 

to distribute special nuclear material to any person outside the United 

States under the same conditions, except as to charges, as would be 

applicable if the material were distributed by the Commission.65

––––––––

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 read as follows:

Sec. 54. Foreign Distribution of Special Nuclear Material.–The Commission 

is authorized to cooperate with any nation by distributing special nuclear 

material and to distribute such special nuclear material, pursuant to the terms 

of an agreement for cooperation to which such nation is a party and which is 

made in accordance with section 123. Unless hereafter otherwise authorized 

by law the Commission shall be compensated for special nuclear material so 

distributed at not less than the Commission’s published charges applicable to 

the domestic distribution of such material, except that the Commission to 

Foreign 

distribution of 

certain 

materials.

Purchase of 

special nuclear 

material.
Atomic Energy Act of 1954 (P.L. 83–703) 37

d. The authority to distribute special nuclear material under this 

section other than under an export license granted by the Nuclear 

Regulatory Commission shall extend only to the following small 

quantities of special nuclear material (in no event more than five hundred 

grams per year of the uranium isotope 233, the uranium isotope 235, or 

plutonium contained in special nuclear material to any recipient):

(l) which are contained in laboratory samples, medical devices, or 

monitoring or other instruments; or

(2) the distribution of which is needed to deal with an emergency 

situation in which time is of the essence.

e. The authority in this section to commit United States funds for any 

activities pursuant to any subsequent arrangement under section 

131a.(2)(E) shall be subject to the requirements of section 131.66

Sec. 55. Acquisition

The Commission is authorized, to the extent it deems necessary to 

effectuate the provisions of this Act, to purchase without regard to the 

limitations in section 54 or any guaranteed purchase prices established 

pursuant to section 56, and to take, requisition, condemn, or otherwise 

acquire any special nuclear material or any interest therein. Any contract 

of purchase made under this section may be made without regard to the 

provisions of section 3709 of the Revised Statutes, as amended, upon 

certification by the Commission that such action is necessary in the 

interest of the common defense and security, or upon a showing by the 

Commission that advertising is not reasonably practical. Partial and 

advance payments may be made under contracts for such purposes. Just 

 assist and encourage research on peaceful uses or for medical therapy may so 

distribute without charge during any calendar year only a quantity of such 

material which at the time of transfer does not exceed in value $10,000 in the 

case of one nation or $50,000 in the case of any group of nations. The 

Commission may distribute to the International Atomic Energy Agency, or to 

any group of nations, only such amounts of special nuclear materials and for 

such periods of time as are authorized by Congress; Provided, however, That 

notwithstanding this provision, the Commission is hereby authorized subject 

to the provisions of section 123, to distribute to the Agency five thousand 

kilograms of contained uranium–235, five hundred grams of uranium 233 and 

three kilograms of plutonium together with the amounts of special nuclear 

material which will match in amount the sum of all quantities of special 

nuclear materials made available by all other members of the Agency to 

July l, 1960. The Commission may agree to repurchase any special nuclear 

material distributed under a sale arrangement pursuant to this section which is 

not consumed in the course of the activities conducted in accordance with the 

agreement for cooperation, or any uranium remaining after irradiation of such 

special nuclear material, at a repurchase price not to exceed the Commission’s 

sale price for comparable special nuclear material or uranium in effect at the time of delivery of such material to the Commission. The Commission may 

also agree to purchase, consistent with and within the period of the agreement 

for cooperation, special nuclear material produced in a nuclear reactor located 

outside the United States through the use of special nuclear material which 

was leased or sold pursuant to this section. Under any such agreement, the 

Commission shall purchase only such material as is delivered to the 

Commission during any period when there is in effect a guaranteed purchase 

price for the same material produced in a nuclear reactor by a person licensed 

under section 104, established by the Commission pursuant to section 56, and 

the price to be paid shall be the price so established by the Commission and in 

effect for the same material delivered to the Commission.

P.L. 88–487, 78 Stat. 602 (1964) added the last three sentences to Section 54. P.L. 87–206, 

75 Stat. 475 (1961) §4, added the words “five hundred grams of uranium 233 and three 

kilograms of plutonium” to the proviso in this section. P.L. 85–177, 71 Stat. 453 (1957), 7, 

had added the second and third sentences, including the proviso, to Sec. 54. 66 Amended by P.L. 95–242, 92 Stat. 125 (1978), § 301(a) and § 303(b)(1), added 

subsection 54(d) and subsection 54(e), respectively.

42 USC 2075.

Acquisition.

41 USC 252(c) 

(See 41 USC 

260(b)).
38 Atomic Energy Act of 1954 (P.L. 83–703)

compensation shall be made for any right, property, or interest in 

property taken, requisitioned, or condemned under this section.67 

Providing, That the authority in this section to commit United States 

funds for any activities pursuant to any subsequent arrangement under 

section 131a.(2)(E) shall be subject to the requirements of section 131.68

Sec. 56. Guaranteed Purchase Prices

The Commission shall establish guaranteed purchase prices for 

plutonium produced in a nuclear reactor by a person licensed under 

section 104 and delivered to the Commission before January 1, 1971. The 

Commission shall also establish for such periods of time as it may deem 

necessary but not to exceed ten years as to any such period, guaranteed 

purchase prices for uranium enriched in the isotope 233 produced in a 

nuclear reactor by a person licensed under section 103 or section 104 and 

delivered to the Commission within the period of the guarantee.69 

Guaranteed purchase prices established under the authority of this section 

shall not exceed the Commission’s determination of the estimated value 

of plutonium or uranium enriched in the isotope 233 as fuel in nuclear 

reactors, and such prices shall be established on a non-discriminatory 

basis: Provided, That the Commission is authorized to establish such 

guaranteed purchase prices only for such plutonium or uranium enriched 

in the isotope 233 as the Commission shall determine is produced 

through the use of special nuclear material which was leased or sold by 

the Commission pursuant to section 53.70

Sec. 57. Prohibition

a. Unless authorized by a general or specific license issued by the 

Commission, which the Commission is authorized to issue pursuant to 

section 53, no person may transfer or receive in interstate commerce, 

transfer, deliver, acquire, own, possess, receive possession of or title to, 

or import into or export from the United States any special nuclear 

material.

––––––––

67 Amended by P.L. 88–489, § 10, 78 Stat. 602 (1964), amended Sec. 55 by substituting 

a completely new Sec. 55. Before amendment, Sec. 55 read as follows:

Sec. 55 Acquisition.–The Commission is authorized to purchase or otherwise 

acquire any special nuclear material or any interest therein outside the United 

States without regard to the provisions of section 3709 of the Revised Statutes, 

as amended, upon certification by the Commission that such action is 

necessary in the interest of the common defense and security, or upon a 

showing by the Commission that advertising is not reasonably practicable. 

Partial and advance payments may be made under contracts for such purposes. 68 Amended by P.L. 95–242, § 303(b)(2), 92 Stat. 131 (1978), added the proviso at the 

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 amendment, section 56 

read as follows:

Sec. 56. Fair Price.–In determining the fair price to be paid by the 

Commission pursuant to section 52 for the production of any special nuclear 

material, the Commission shall take into consideration the value of the special 

nuclear material for its intended use by the United States and may give such 

weight to the actual cost of producing that material as the Commission finds to 

be equitable. The fair price, as may be determined by the Commission, shall 

apply to all licensed producers of the same material: Provided, however, That 

the Commission may establish guaranteed fair prices for all special nuclear 

material delivered to the Commission for such period of time as it may deem 

necessary but not to exceed seven years.

42 USC 2076.

Guaranteed

purchase 

prices.

42 USC 2077.

Unauthorized

handling.
Atomic Energy Act of 1954 (P.L. 83–703) 39

b. It shall be unlawful for any person to directly or indirectly engage 

or participate in the development or production of any special nuclear 

material71 outside of the United States except (1) as specifically 

authorized under an agreement for cooperation made pursuant to section 

123, including a specific authorization in a subsequent arrangement under 

section 131 of this Act, or (2) upon authorization by the Secretary of 

Energy after a determination that such activity will not be inimical to the 

interest of the United States: Provided, That any such determination by 

the Secretary of Energy shall be made only with the concurrence of the 

Department of State and after consultation with72 the Nuclear Regulatory

Commission, the Department of Commerce, and the Department of

Defense. The Secretary of Energy shall, within ninety days after the 

enactment of the Nuclear Non-Proliferation Act of 1978, establish orderly 

and expeditious procedures, including provision for necessary 

administrative actions and inter-agency memoranda of understanding, 

which are mutually agreeable to the Secretaries of State, Defense, 

Commerce,73 and the Nuclear Regulatory Commission for the 

consideration of requests for authorization under this subsection. Such 

procedures shall include, at a minimum, explicit direction on the handling 

of such requests, express deadlines for the solicitation and collection of 

the views of the consulted agencies (with identified officials responsible 

for meeting such deadlines), an inter-agency coordinating authority to 

monitor the processing of such requests, predetermined procedures for 

the expeditious handling of intra-agency and inter-agency disagreements 

and appeals to higher authorities, frequent meetings of inter-agency 

administrative coordinators to review the status of all pending requests, 

and similar administrative mechanisms. To the extent practicable, an 

applicant should be advised of all the information required of the 

applicant for the entire process for every agency’s needs at the beginning 

of the process. Potentially controversial requests should be identified as 

quickly as possible so that any required policy decisions or diplomatic 

consultations can be initiated in a timely manner. An immediate effort 

should be undertaken to establish quickly any necessary standards and 

criteria, including the nature of only required assurances or evidentiary 

showings, for the decision required under this subsection. The processing 

of any requests proposed and filed as of the date of enactment of the 

Nuclear Non-Proliferation Act of 1978 shall not be delayed pending the 

development and establishment of procedures to implement the 

requirements of this subsection. Any trade secrets or proprietary 

information submitted by any person seeking an authorization under this 

subsection shall be afforded the maximum degree of protection allowable 

by law: Provided further, That the export of component parts as defined 

in subsection 11v.(2) or 11cc.(2), or shall be governed by sections 109 

and 126 of this Act: Provided further, That notwithstanding subsection 

402(d) of the Department of Energy Organization Act (Public Law 95-

91), the Secretary of Energy and not the Federal Energy Regulatory 

Commission, shall have sole jurisdiction within the Department of 

Energy over any matter arising from any function of the Secretary of 

Energy in this section, section 54d., section 64, or section 111b.74

––––––––

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). 74 Amended by P.L. 95–242, § 302, 92 Stat. 126 (1978). Before amendment, 

subsection 57 b. read as follows:

42 USC 2077.

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.
40 Atomic Energy Act of 1954 (P.L. 83–703)

c. The Commission shall not–

(l) distribute any special nuclear material to any person for a use 

which is not under the jurisdiction of the United States except 

pursuant to the provisions of section 54; or

(2) distribute any special nuclear material or issue a license 

pursuant to section 53 to any person within the United States if the 

Commission finds that the distribution of such special nuclear 

material or the issuance of such license would be inimical to the 

common defense and security or would constitute an unreasonable 

risk to the health and safety of the public.

d. The Commission is authorized to establish classes of special 

nuclear material and to exempt certain classes or quantities of special 

nuclear material or kinds of uses or users from the requirements for a 

license set forth in this section when it makes a finding that the 

exemption of such classes or quantities of special nuclear material or 

such kinds of uses or users would not be inimical to the common defense 

and security and would not constitute unreasonable risk to the health and 

safety of the public.75

e. Special nuclear material, as defined in section 11, produced in 

facilities licensed under section 103 or section 104 may not be 

transferred, reprocessed, used, or otherwise made available by any 

instrumentality of the United States or any other person for nuclear 

explosive purposes.76

Sec. 58. Review

Before the Commission establishes any guaranteed purchase price or 

guaranteed purchase price period in accordance with the provisions of 

section 56, or establishes any criteria for the waiver of any charge for the 

use of special nuclear material licensed and distributed under section 53, 

the proposed guaranteed purchase price, guaranteed purchase price 

 b. It shall be unlawful for any person to directly or indirectly engage in the 

production of any special nuclear material outside of the United States except 

(1) under an agreement for cooperation made pursuant to section 123, or 

(2) upon authorization by the Commission after a determination that such 

activity will not be 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 completely new 

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 property of 

the United States except as authorized by the Commission pursuant to 

subsection 

53 a.;

(2) transfer or receive any special nuclear material in interstate commerce 

except as authorized by the Commission pursuant to subsection 53a., or export 

from or import into the United States any special nuclear material; and

(3) directly or indirectly engage in the production of any special nuclear 

material outside of the United States except (A) under an agreement for 

cooperation made pursuant to section 123, or (B) upon authorization by the 

Commission after a determination that such activity will not be inimical to the 

interest of the United States.

b. 

The Commission shall not distribute any special nuclear material––

(l) to any person for a use which is not under the jurisdiction of the United 

States except pursuant to the provisions of section 54; or

(2) to any person within the United States, if the Commission finds that the 

distribution of such special nuclear material to such person would be inimical 

to the common defense and security. 76 Added by P.L. 97–415, 96 Stat. 2067 (1983).

Certain

exemptions.

42 USC 2078.

Review.
Atomic Energy Act of 1954 (P.L. 83–703) 41

period, or criteria for the waiver of such charge shall be submitted to the 

Energy Committees and a period of forty-five days shall elapse while 

Congress is in session (in computing such forty-five days there shall be 

excluded the days in which either House is not in session because of 

adjournment for more than three days): Provided, however, That the 

Energy Committees, after having received the proposed guaranteed 

purchase price, guaranteed purchase price period, or criteria for the 

waiver of such charge, may by resolution in writing waive the conditions 

of, or all or any portion of, such forty-five day period.77 78

Chapter 7–Source Material

Sec. 61. Source Material

The Commission may determine from time to time that other material 

is source material in addition to those specified in the definition of source 

material. Before making such determination, the Commission must find 

that such material is essential to the production of special nuclear 

material and must find that the determination that such material is source 

material is in the interest of the common defense and security, and the 

President must have expressly assented in writing to the determination. 

The Commission’s determination, together with the assent of the 

President, shall be submitted to the Energy Committees79 and a period of 

thirty days shall elapse while Congress is in session (in computing such 

thirty days, there shall be excluded the days on which either House is not 

in session because of an adjournment of more than three days) before the 

determination of the Commission may become effective: Provided, 

however, That the Energy Committees, after having received such 

determination, may by resolution in writing waive the conditions of or all 

or any portion of such thirty-day period.

Sec. 62. License for Transfers Required

Unless authorized by a general or specific license issued by the 

Commission, which the Commission is authorized to issue, no person 

may transfer or receive in interstate commerce, transfer, deliver, receive 

possession of or title to, or import into or export from the United States 

any source material after removal from its place of deposit in nature, 

except that licenses shall not be required for quantities of source material 

which, in the opinion of the Commission, are unimportant.

––––––––

77 Added byP.L. 85–79, 71 Stat. 274 (1957). 78 Amended by P.L. 88–489, § 13, 78 Stat. 602 (1964). Before amendment, section 58 

read as follows:

Sec. 58. Review.–Before the Commission establishes any fair price or 

guaranteed fair price period in accordance with the provisions of section 56, or 

establishes any criteria for the waiver of any charge for the use of special 

nuclear material licensed or distributed under section 53, the proposed fair 

price, guaranteed fair price period, or criteria for the waiver of such charge 

shall be submitted to the Joint Committee, and a period of forty–five days 

shall elapse while Congress is in session (in computing such forty–five days 

there shall be excluded the days in which either House is not in session 

because of adjournment for more than three days): Provided, however, That 

the Joint Committee, after having received the proposed fair price, guaranteed 

fair prices period, or criteria for the waiver of such charge, may by resolution 

waive the conditions of, or all or any portion of, such forty–five day period.

Also, amended by P.L. 103–437, §15 (f)(4), 108 Stat. 4581 (1994), struck “Joint 

Committee” and substituted “Energy Committees” throughout the section. 79 See P.L. 95–110, § 301b, 91 Stat. 884 (1977); P.L. 103–437, § 15(f)(4), 108 Stat. 4581 

(1994), struck “Joint Committee” and substituted “Energy Committees” throughout 

the section.

42 USC 2091.

Source 

material.

Submittal of 

determination 

to Energy 

Committees.

42 USC 2092.

License for 

transfers 

required.
42 Atomic Energy Act of 1954 (P.L. 83–703)

Sec. 63. Domestic Distribution of Source Material

a. The Commission is authorized to issue licenses for and to distribute 

source material within the United States to qualified applicants requesting 

such material–

(l) for the conduct of research and development activities of the 

types specified in section 31;

(2) for use in the conduct of research and development activities 

or in medical therapy under a license issued pursuant to section 104;

(3) for use under a license issued pursuant to section 103; or

(4) for any other use approved by the Commission as an aid to 

science or industry.

b. The Commission shall establish, by rule, minimum criteria for the 

issuance of specific or general licenses for the distribution of source 

material depending upon the degree of importance to the common 

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

(l) the physical characteristics of the source material to be 

distributed;

(2) the quantities of source material to be distributed; and

(3) the intended use of the source material to be distributed.

c. The Commission may make a reasonable charge determined 

pursuant to subsection 161m. for the source material licensed and 

distributed under subsection 63a.(1), subsection 63a.(2), or subsection 

63a.(4), and shall make a reasonable charge determined pursuant to 

subsection 161m., for the source material licensed and distributed under 

subsection 63a.(3). The Commission shall establish criteria in writing for 

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

material licensed and distributed under subsection 63a.(1), subsection 

63a.(2), or subsection 63a.(4), considering, among other things, whether 

the licensee is a nonprofit or eleemosynary institution and the purposes 

for which the source material will be used.

Sec. 64. Foreign Distribution of Source Material

The Commission is authorized to cooperate with any nation by 

distributing source material and to distribute source material pursuant to 

the terms of an agreement for cooperation to which such nation is a party 

and which is made in accordance with section 123. The Commission is 

also authorized to distribute source material outside of the United States 

upon a determination by the Commission that such activity will not be 

inimical to the interests of the United States. The authority to distribute 

source material under this section other than under an export license 

granted by the Nuclear Regulatory Commission shall in no case extend to 

quantities of source material in excess of three metric tons per year per 

recipient.80

Sec. 65. Reporting

The Commission is authorized to issue such rules, regulations, or 

orders requiring reports of ownership, possession, extraction, refining, 

shipment, or other handling of source material as it may deem necessary, 

except that such reports shall not be required with respect to (a) any 

source material prior to removal from its place of deposit in nature, or (b) 

quantities of source material which in the opinion of the Commission are 

unimportant or the reporting of which will discourage independent 

prospecting for new deposits.

––––––––

80 Amended by P.L. 95–242, § 301.(b), 92 Stat. 126 (1978).

42 USC 2093.

Domestic

distribution of 

source material.

Charges.

42 USC 2094.

Foreign 

distribution of 

material.

42 USC 2095.

Reporting.
Atomic Energy Act of 1954 (P.L. 83–703) 43

Sec. 66. Acquisition

The Commission is authorized and directed, to the extent it deems 

necessary to effectuate the provisions of this Act–

a. to purchase, take, requisition, condemn, or otherwise acquire 

supplies of source material;

b. to purchase, condemn, or otherwise acquire any interest in real 

property containing deposits of source material; and

c. to purchase, condemn, or otherwise acquire rights to enter upon 

any real property deemed by the Commission to have possibilities of 

containing deposits of source material in order to conduct prospecting 

and exploratory operations for such deposits.

Any purchase made under this section may be made without regard to the 

provisions of section 3709 of the Revised Statutes, as amended, upon 

certification by the Commission that such action is necessary in the 

interest of the common defense and security, or upon a showing by the 

Commission that advertising is not reasonably practicable. Partial and 

advanced payments may be made under contracts for such purposes. The 

Commission may establish guaranteed prices for all source material 

delivered to it within a specified time. Just compensation shall be made 

for any right, property, or interest in property taken, requisitioned, 

condemned, or otherwise acquired under this section.

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

The Commission is authorized, to the extent it deems necessary to 

effectuate the provisions of this Act, to issue leases or permits for 

prospecting for, exploration for, mining of, or removal of deposits of 

source material in lands belonging to the United States: Provided, 

however, That notwithstanding any other provisions of law, such leases 

or permits may be issued for lands administered for national park, 

monument, and wildlife purposes only when the President by Executive 

Order declares that the requirements of the common defense and security 

make such action necessary.

Sec. 68. Public and Acquired Lands

a.81 No individual, corporation, partnership, or association, which 

had any part, directly or indirectly, in the development of the atomic 

energy program, may benefit by any location, entry, or settlement upon 

the public domain made after such individual, corporation, partnership, or 

association took part in such project, if such individual, corporation, 

partnership, or association, by reason of having had such part in the 

development of the atomic energy program, acquired confidential official 

information as to the existence of deposits of such uranium, thorium, or 

other materials in the specific lands upon which such location, entry, or 

settlement is made, and subsequent to the date of the enactment of this 

Act made such location, entry, or settlement or caused the same to be 

made for his, or its, or their benefit.

b. Any reservation of radioactive mineral substances, fissionable 

materials, or source material, together with the right to enter upon the 

land and prospect for, mine, and remove the same, inserted pursuant to 

Executive Order 9613 of September 13, 1945, Executive Order 9701 of 

March 4, 1946, the Atomic Energy Act of 1946, or Executive Order 9908 

of December 5, 1947, in any patent, conveyance, lease, permit, or other 

authorization or instrument disposing of any interest in public or acquired 

lands of the United States, is hereby released, remised, and quitclaimed to 

––––––––

81 Amended by P.L. 85–681, § 3, 72 Stat. 623 (1958).

42 USC 2096.

Acquisitions.

41 USC 252(c) 

(See 41 USC 

260(b)).

42 USC 2097.

Operations on 

lands belonging 

to the United 

States.

42 USC 2098.

Public and 

acquired lands.

Release of 

reservation.
44 Atomic Energy Act of 1954 (P.L. 83–703)

the person or persons entitled upon the date of this Act under the grant 

from the United States or successive grants to the ownership, occupancy, 

or use of the land under applicable Federal or State laws: Provided, 

however, That in cases where any such reservation on acquired lands of 

the United States has been heretofore released, remised, or quitclaimed 

subsequent to August 12, 1954, in reliance upon authority deemed to 

have been contained in the Atomic Energy Act of 1946, as amended, or 

the Atomic Energy Act of 1954, as heretofore amended, the same shall be 

valid and effective in all respects to the same extent as if public lands and 

not acquired lands had been involved. The foregoing release shall be 

subject to any rights which may have been granted by the United States 

pursuant to any such reservation, but the releases shall be subrogated to 

the rights of the United States.82

c. Notwithstanding the provisions of the Atomic Energy Act of 1946, 

as amended, and particularly section 5(b)(7) thereof,83 or the provisions 

of the Act of August 12, 1953 (67 Stat. 539), and particularly section 3 

thereof, any mining claim, heretofore located under the mining laws of 

the United States, for or based upon a discovery of a mineral deposit 

which is a source material and which, except for the possible contrary 

construction of said Atomic Energy Act, would have been locatable 

under such mining laws, shall, insofar as adversely affected by such 

possible contrary construction, be valid and effective, in all respects to 

the same extent as if said mineral deposit were a locatable mineral 

deposit other than a source material.

Sec. 69. Prohibition

The Commission shall not license any person to transfer or deliver, 

receive possession of or title to, or import into or export from the United 

States any source material if, in the opinion of the Commission, the 

issuance of a license to such person for such purpose would be inimical 

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

––––––––

82 Amended by P.L. 85–681, § 3, 72 Stat. 632 (1958). Before amendment, subsection b. 

read as follows:

b. In cases where any patent, conveyance, lease, permit, or other 

authorization has been issued, which reserved to the United States source 

materials and the right to enter upon the land and prospect for, mine, and 

remove the same, the head of the Government agency which issued the patent, 

conveyance, lease, permit, or other authorization shall, on application of the 

holder thereof, issue a new or supplemental patent, conveyance, lease, permit, 

or other authorization without such reservation. If any rights have been 

granted by the United States pursuant to any such reservation then such patent 

shall be made subject to those rights, but the patentee shall be subrogated to 

the rights of the United States. 83 See Atomic Energy Act of 1946, Appendix B, § 5(b)(7).

30 USC 501–

505.

42 USC 2099.

Prohibition.
Atomic Energy Act of 1954 (P.L. 83–703) 45

Chapter 8–Byproduct Material

Sec. 8l. Domestic Distribution

a. IN GENERAL–No person may84 transfer or receive in interstate 

commerce, manufacture, produce, transfer, acquire, own, possess, import, 

or export any byproduct material, except to the extent authorized by this 

section, section 82 or section 84.85 The Commission is authorized to 

issue general or specific licenses to applicants seeking to use byproduct 

material for research or development purposes, for medical therapy, 

industrial uses, agricultural uses, or such other useful applications as may 

be developed. The Commission may distribute, sell, loan, or lease such 

byproduct material as it owns to qualified applicants86 with or without 

charge: Provided, however, That, for byproduct material to be distributed 

by the Commission for a charge, the Commission shall establish prices on 

such equitable basis as, in the opinion of the Commission, (a) will 

provide reasonable compensation to the Government for such material, 

(b) will not discourage the use of such material or the development of 

sources of supply of such material independent of the Commission, and 

(c) will encourage research and development. In distributing such 

material, the Commission shall give preference to applicants proposing to 

use such material either in the conduct of research and development or in 

medical therapy. The Commission shall not permit the distribution of any 

byproduct material to any licensee, and shall recall or order the recall of 

any distributed material from any licensee, who is not equipped to 

observe or who fails to observe such safety standards to protect health as 

may be established by the Commission or who uses such material in 

violation of law or regulation of the Commission or in a manner other 

than as disclosed in the application therefor or approved by the 

Commission. The Commission is authorized to establish classes of 

byproduct material and to exempt certain classes or quantities of material 

or kinds of uses or users from the requirements for a license set forth in 

this section when it makes a finding that the exemption of such classes or 

quantities of such material or such kinds of uses or users will not 

constitute an unreasonable risk to the common defense and security and 

to the health and safety of the public.

b. REQUIREMENTS–

(1) IN GENERAL–Except as provided in paragraph (2), 

byproduct material, as defined in paragraphs (3) and (4) of section 

11e., may only be transferred to and disposed of in a disposal facility 

that–

(A) is adequate to protect public health and safety; and

(B)(i) is licensed by the Commission; or

(ii) is licensed by a State that has entered into an agreement 

with the Commission under section 274b., if the licensing 

requirements of the State are compatible with the licensing 

requirements of the Commission.

(2) EFFECT OF SUBSECTION–Nothing in this subsection 

affects the authority of any entity to dispose of byproduct material, as 

––––––––

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 amendment, it read 

as follows:

No person may transfer or receive in interstate commerce, manufacture, 

produce, transfer, acquire, own, possess, import, or export any byproduct 

material, except to the extent authorized by this section or by section 82. 86 Amended by P.L. 93–377, §4, 88 Stat. 475 (1974).

42 USC 2111.

Domestic

distribution.
46 Atomic Energy Act of 1954 (P.L. 83–703)

defined in paragraphs (3) and (4) of section 11e., at a disposal facility 

in accordance with any Federal or State solid or hazardous waste law, 

including the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)

c. TREATMENT AS LOW-LEVEL RADIOACTIVE WASTE–

Byproduct material, as defined in paragraphs (3) and (4) of section 11e., 

disposed of under this section shall not be considered to be low-level 

radioactive waste for the purposes of–

(1) section 2 of the Low-Level Radioactive Waste Policy Act (42 

U.S.C. 2021b); or

(2) carrying out a compact that is–

(A) entered into in accordance with that Act (42 U.S.C. 2021b 

et seq.); and

(B) Approved by Congress.87

Sec. 82. Foreign Distribution of Byproduct Material

a. The Commission is authorized to cooperate with any nation by 

distributing byproduct material, and to distribute byproduct material, 

pursuant to the terms of an agreement for cooperation to which such 

nation is party and which is made in accordance with section 123.

b. The Commission is also authorized to distribute byproduct material 

to any person outside the United States upon application therefor by such 

person and demand such charge for such material as would be charged 

for the material if it were distributed within the United States: Provided, 

however, That the Commission shall not distribute any such material to 

any person under this section if, in its opinion, such distribution would be 

inimical to the common defense and security: and provided further, That 

the Commission may require such reports regarding the use of material 

distributed pursuant to the provisions of this section as it deems 

necessary.

c. The Commission is authorized to license others to distribute 

byproduct material to any person outside the United States under the 

same conditions, except as to charges, as would be applicable if the

material were distributed by the Commission.

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

Disposable Sites

a. Any license issued or renewed after the effective date of this 

section under section 62 or section 81 for any activity which results in the 

production of any byproduct material, as defined in section 11e.(2), shall 

contain terms and conditions as the Commission determines to be 

necessary to assure that, prior to termination of such license–

(l) the licensee will comply with decontamination, 

decommissioning, and reclamation standards prescribed by the 

Commission for sites (A) at which ores were processed primarily for 

their source material content and (B) at which such byproduct 

material is deposited, and 

(2) ownership of any byproduct material, as defined in section 

11e.(2), which resulted from such licensed activity shall be 

transferred to (A) the United States or (B) in the State in which such 

activity occurred if such State exercises the option under subsection 

b.(1) to acquire land used for the disposal of byproduct material.

––––––––

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), redefined low–level 

radioactive waste in section 2(9) of the Low Level Radioactive Waste Policy Amendments 

Act to take into account the addition of paragraphs (3) and (4) of section 11e of the Atomic 

Energy Act.

42 USC 2112.

Foreign 

distribution of 

byproduct

material.

42 USC 2113.

42 USC 2014.

42 USC 2111.

42 USC 2014.
Atomic Energy Act of 1954 (P.L. 83–703) 47

Any license which is in effect on the effective date of this section and 

which is subsequently terminated without renewal shall comply with 

paragraphs (1) and (2) upon termination.88

b. (1)(A) The Commission shall require by rule, regulation, or order 

that prior to the termination of any license which is issued after the 

effective date of this section, title to the land, including any interest 

therein (other than land owned by the United States or by a State) which 

is used for the disposal of any byproduct material, as defined by section 

11e.(2), pursuant to such license shall be transferred to:

(i) the United States or–

(ii) the State in which such land is located, at the option 

of such State

unless89 the Commission determines prior to such termination that 

transfer of title to such land and such byproduct material is not necessary 

or desirable to protect the public health, safety, or welfare or to minimize 

or eliminate danger to life or property. Such determination shall be made 

in accordance with section 181 of this Act. Notwithstanding any other 

provision of law or any such determination, such property and materials 

shall be maintained pursuant to a license issued by the Commission 

pursuant to section 81 of this Act90 in such manner as will protect the 

public health, safety, and the environment.

(B) If the Commission determines by order that use of the surface 

or subsurface estates, or both, of the land transferred to the United 

States or to a State under sub-paragraph (A) would not endanger the 

public health, safety, welfare, or environment, the Commission, 

pursuant to such regulations as it may prescribe, shall permit the use 

of the surface or subsurface estates, or both, of such land in a manner 

consistent with the provisions of this section. If the Commission 

permits such use of such land, it shall provide the person who 

transferred such land with the right of first refusal with respect to such 

use of such land.

(2) If transfer to the United States of title to such byproduct 

material and such land is required under this section, the Secretary 

of Energy or any Federal agency designated by the President shall, 

following the Commission’s determination of compliance under 

subsection c., assume title and custody of such byproduct material 

and land transferred as provided in this subsection. Such Secretary 

or Federal agency shall maintain such material and land in such 

manner as will protect the public health and safety and the 

environment. Such custody may be transferred to another officer 

or instrumentality of the United States only upon approval of the 

President.

(3) If transfer to a State of title to such byproduct material is 

required in accordance with this subsection, such State shall, 

following the Commission’s determination of compliance under 

subsection d., assume title and custody of such byproduct material 

and land transferred as provided in this subsection. Such State 

––––––––

88 Amended by P.L. 96–106, § 22(c), 93 Stat. 800 (1979). Before amendment, this 

sentence read as follows:

Any license in effect on the date of the enactment of this section shall either 

contain such terms and conditions on renewal thereof after the effective date 

of this section, or comply with paragraphs (1) and (2) upon the termination of 

such license, whichever first occurs. 89 Amended by P.L. 96–106, § 22(e)(1), 93 Stat. 800 (1979). 90 Amended by P.L. 96–106, § 22(e)(2), 93 Stat. 800 (1979).

Rule, 

regulation or 

order.
48 Atomic Energy Act of 1954 (P.L. 83–703)

shall maintain such material and land in such manner as will 

protect the public health, safety, and the environment.

(4) In the case of any such license under section 62, which was 

in effect on the effective date of this section, the Commission may 

require, before the termination of such license, such transfer of 

land and interest therein (as described in paragraph (1) of this 

subsection) to the United States or a State in which land is located, 

at the option of such State, as may be necessary to protect the 

public health, welfare, and the environment from any effects 

associated with such byproduct material. In exercising the 

authority of this paragraph, the Commission shall take into 

consideration the status of the ownership of such land and interest 

therein and the ability of the licensee to transfer title and custody 

thereof to the United States or a State.

(5) The Commission may, pursuant to a license, or by rule or 

order, require the Secretary or other Federal agency or State 

having custody of such property and materials to undertake such 

monitoring, maintenance, and emergency measures as are 

necessary to protect the public health and safety and such other 

actions as the Commission deems necessary to comply with the 

standards promulgated pursuant to section 84 of this Act. The

Secretary or such other Federal agency is authorized to carry out 

maintenance, monitoring, and emergency measures, but shall take 

no other action pursuant to such license, rule or order, with respect 

to such property and materials unless expressly authorized by 

Congress after the date of enactment of this Act.

(6) The transfer of title to land or byproduct materials, as 

defined in section 11e.(2), to a State or the United States pursuant 

to this subsection shall not relieve any licensee of liability for any 

fraudulent or negligent acts done prior to such transfer.

(7) Material and land transferred to the United States or a State 

in accordance with this subsection shall be transferred without 

cost to the United States or a State (other than administrative and 

legal costs incurred in carrying out such transfer). Subject to the 

provisions of paragraph (1)(B) of this subsection, the United 

States or a State shall not transfer title to material or property 

acquired under this subsection to any person, unless such transfer 

is in the same manner as provided under section 104(h) of the 

Uranium Mill Tailings Radiation Control Act of 1978.

(8) The provisions of this subsection respecting transfer of title 

and custody to land shall not apply in the case of lands held in 

trust by the United States for any Indian tribe or lands owned by 

such Indian tribe subject to a restriction against alienation 

imposed by the United States. In the case of such lands which are 

used for the disposal of byproduct material, as defined in section 

11e.(2), the licensee shall be required to enter into such 

arrangements with the Commission as may be appropriate to 

assure the long-term maintenance and monitoring of such lands by 

the United States.

c. Upon termination on any license to which this section applies, the 

Commission shall determine whether or not the licensee has complied 

with all applicable standards and requirements under such license.91

––––––––

91 Added by P.L. 95–604, § 202(a), 92 Stat. 3033 (1978).

42 USC 2092.

42 USC 2014.
Atomic Energy Act of 1954 (P.L. 83–703) 49

Sec. 84. Authorities of Commission Respecting Certain Byproduct 

Material92

a. The Commission shall insure that the management of any 

byproduct material, as defined in section 11e.(2), is carried out in such 

manner as–

(1) the Commission deems appropriate to protect the public health 

and safety and the environment from radiological and nonradiological hazards associated with the processing and with the 

possession and transfer of such material taking into account the risk to

the public health, safety, and the environment, with due consideration 

of the economic costs and such other factors as the Commission 

determines to be appropriate,93

(2) conforms with applicable general standards promulgated by 

the Administration of the Environmental Protection Agency under 

section 275, and

(3) conforms to general requirements established by the 

Commission, with the concurrence of the Administrator, which are, to 

the maximum extent practicable, at lease comparable to requirements 

applicable to the possession, transfer, and disposal of similar 

hazardous material regulated by the Administrator under the Solid 

Waste Disposal Act, as amended.

b. In carrying out its authority under this section, the Commission is 

authorized to–

(l) by rule, regulation, or order require persons, officers, or 

instrumentalities, exempted from licensing under section 81 of this 

Act to conduct monitoring, perform remedial work, and to comply 

with such other measures as it may deem necessary or desirable to 

protect health or to minimize danger to life or property, and in 

connection with the disposal or storage of such byproduct material; 

and

(2) make such studies and inspections and to conduct such 

monitoring as may be necessary.

Any violation by any person other than the United States or any officer 

or employee of the United States or a State of any rule, regulation, or 

order or licensing provision, of the Commission established under this 

section or section 83 shall be subject to a civil penalty in the same 

manner and in the same amount as violations subject to a civil penalty 

under section 234. Nothing in this section affects any authority of the 

Commission under any other provisions of this Act.

c. In the case of sites at which ores are processed primarily for their 

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

material as defined in section 11e.(2), a licensee may propose alternatives 

to specific requirements adopted and enforced by the Commission under 

this Act. Such alternative proposals may take into account local or 

regional conditions, including geology, topography, hydrology and 

meteorology. The Commission may treat such alternatives as satisfying 

Commission requirements if the Commission determines that such 

alternatives will achieve a level of stabilization and containment of the 

sites concerned, and a level of protection for public health, safety, and the 

environment from radiological and non-radiological hazards associated 

––––––––

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 2114.

42 USC 6901 

note.

42 USC 2112.

Rule, 

regulation of 

order.

42 USC 2282.

42 USC 2014.

42 USC 2114.

Civil penalty.
50 Atomic Energy Act of 1954 (P.L. 83–703)

with such sites, which is equivalent to, to the extent practicable, or more 

stringent than the level which would be achieved by standards and 

requirements adopted and enforced by the Commission for the same 

purpose and any final standards promulgated by the Administrator of the 

Environmental Protection Agency in accordance with section 275.94

Chapter 9–Military Application of Atomic Energy

Sec. 91. Authority

a. The Commission is authorized to–

(1) conduct experiments and do research and development work in 

the military application of atomic energy;

(2) engage in the production of atomic weapons, or atomic 

weapon parts, except that such activities shall be carried on only to 

the extent that the express consent and direction of the President of 

the United States has been obtained, which consent and direction shall 

be obtained at least once each year;

(3) provide for safe storage, processing, transportation, and 

disposal of hazardous waste (including radioactive waste) resulting 

from nuclear materials production, weapons production and 

surveillance programs, and naval nuclear propulsion programs;

(4) carry out research on and development of technologies needed 

for the effective negotiation and verification of international 

agreements on control of special nuclear materials and nuclear 

weapons; and

(5) under applicable law (other than this paragraph) and consistent 

with other missions of the Department of Energy, make transfers of 

federally owned or originated technology to State and local 

governments, private industry, and universities or nonprofit 

organizations so that the prospects for commercialization of such 

technology are enhanced.

b. The President from time to time may direct the Commission (1) to 

deliver such quantities of special nuclear material or atomic weapons to 

the Department of Defense for such use as he deems necessary in the 

interest of national defense, or (2) to authorize the Department of Defense 

to manufacture, produce, or acquire any atomic weapon or utilization 

facility for military purposes: Provided, however, That such authorization 

shall not extend to the production of special nuclear material other than 

that incidental to the operation of such utilization facilities.

c. The President may authorize the Commission or the Department of 

Defense, with the assistance of the other, to cooperate with another nation 

and, notwithstanding the provisions of section 57, 62, or 81, to transfer by 

sale, lease, or loan to that nation, in accordance with terms and conditions 

of a program approved by the President–

(1) nonnuclear parts of atomic weapons provided that such nation 

has made substantial progress in the development of atomic weapons, 

and other nonnuclear parts of atomic weapons systems involving 

Restricted Data provided that such transfer will not contribute 

significantly to that nation’s atomic weapon design, development or 

fabrication capability; for the purpose of improving that nation’s state 

of training and operational readiness;

(2) utilization facilities for military applications; and

––––––––

94 Added by P.L. 97–415, § 20, 96 Stat. 2067 (1983).

42 USC 2022.

42 USC 2121.

Authority.
Atomic Energy Act of 1954 (P.L. 83–703) 51

(3) source, byproduct, or special nuclear material for research on, 

development of, production of, or use in utilization facilities for 

military applications; and

(4) source, byproduct, or special nuclear material for research on, 

development of, or use in atomic weapons: Provided, however, That 

the transfer of such material to that nation is necessary to improve its 

atomic weapon design, development, or fabrication capability: and

provided further, That such nation has made substantial progress in 

the development of atomic weapons,

whenever the President determines that the proposed cooperation and 

each proposed transfer arrangement for the nonnuclear parts of atomic 

weapons and atomic weapons systems, utilization facilities or source, 

byproduct, or special nuclear material will promote and will not 

constitute an unreasonable risk to the common defense and security, 

while such other nation is participating with the United States pursuant to 

an international arrangement by substantial and material contributions to 

the mutual defense and security: Provided, however, That the cooperation 

is undertaken pursuant to an agreement entered into in accordance with 

section 123: and provided further, That if an agreement for cooperation 

arranged pursuant to this subsection provides for transfer of utilization 

facilities for military applications the Commission, or the Department of 

Defense with respect to cooperation it has been authorized to undertake, 

may authorize any person to transfer such utilization facilities for military 

applications in accordance with the terms and conditions of this 

subsection and of the agreement for cooperation95.

Sec. 92. Prohibition

a. It shall be unlawful, except as provided in section 91, for any 

person inside or outside of the United States to knowingly participate in 

the development of, manufacture, produce, transfer, acquire, receive, 

possess, import, export, or use, or possess and threaten to use, any atomic 

weapon. Nothing in this section shall be deemed to modify the provisions 

of subsection 31a. or section 101.96

"b. Conduct prohibited by subsection a. is within the jurisdiction of 

the United States if –

"(1) the offense occurs in or affects interstate or foreign 

commerce; the offense occurs outside of the United States and is 

committed by a national of the United States;

"(2) the offense is committed against a national of the United 

States while the national is outside the United States;

"(3) the offense is committed against any property that is owned, 

leased, or used by the United States or by any department or agency 

of the United States, whether the property is within or outside the 

United States; or 

(4) an offender aids or abets any person over whom jurisdiction 

exists under this subsection in committing an offense under this 

section or conspires with any person over whom jurisdiction exists 

under this subsection to commit an offense under this section."97

––––––––

95 Amended by P.L. 83–703, Title I, Ch. 9, section 91, 68 Stat. 936, (1954); P.L. 85–479, 

§ I, 72 Stat. 276, (1958); P.L. 101–189, Div. C, Title XXXI, Part E, § 3157, 103 Stat. 1684, 

(1989); P.L. 102–486, Title IX, § 902(a)(8), 106 Stat. 2944 (1992), renumbered Title I. 96 Added by P.L. 108–458, 118 Stat. 3771 (2004). 97 Added by P.L. 108–458, 118 Stat. 3771 (2004).

42 USC 2122.

Prohibition.
52 Atomic Energy Act of 1954 (P.L. 83–703)

Chapter 10–Atomic Energy Licenses

Sec. 101. License Required

It shall be unlawful, except as provided in section 91, for any person 

within the United States to transfer or receive in interstate commerce, 

manufacture, produce, transfer, acquire, possess, use,98 import, or export 

any utilization or production facility except under and in accordance with 

a license issued by the Commission pursuant to section 103 or section 

104.

Sec. 102. Utilization and Production Facilities for Industrial or 

Commercial Purposes

a. Except as provided in subsections b. and c., or otherwise 

specifically authorized by law, any license hereafter issued for a 

utilization or production facility for industrial or commercial purposes 

shall be issued pursuant to section 103.

b. Any license hereafter issued for a utilization or production facility 

for industrial or commercial purposes, the construction or operation of 

which was licensed pursuant to subsection 104b. prior to enactment into 

law of this subsection, shall be issued under subsection 104b.

c. Any license for a utilization or production facility for industrial or 

commercial purposes constructed or operated under an arrangement with 

the Commission entered into under the Cooperative Power Reactor 

Demonstration Program shall, except as otherwise specifically required 

by applicable law, be issued under subsection 104b.99

Sec. 103. Commercial Licenses

a. The Commission is authorized to issue licenses to persons 

applying therefor to transfer or receive in interstate commerce, 

manufacture, produce, transfer, acquire, possess, use100 import, or export 

under the terms of an agreement for cooperation arranged pursuant to 

section 123, utilization or production facilities for industrial or 

commercial purposes.101 Such licenses shall be issued in accordance with 

the provisions of chapter 16 and subject to such conditions as the 

Commission may by rule or regulation establish to effectuate the 

purposes and provisions of this Act.

b. The Commission shall issue such licenses on a nonexclusive basis 

to persons applying therefor (1) whose proposed activities will serve a 

useful purpose proportionate to the quantities of special nuclear material 

or source material to be utilized; (2) who are equipped to observe and 

who agree to observe such safety standards to protect health and to 

minimize danger to life or property as the Commission may by rule 

––––––––

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 amendment, it read as 

follows:

Sec. 102. Finding of Practical Value–Whenever the Commission has made a 

finding in writing that any type of utilization or production facility has been 

sufficiently developed to be of practical value for industrial or commercial 

purposes, the Commission may thereafter issue licenses for such type of 

facility 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 amendment, it read as 

follows:

Subsequent to a finding by the Commission as required in section 102, the 

Commission may issue licenses to transfer or receive in interstate commerce, 

manufacture, produce, transfer, acquire, possess, use, import, or export under 

the terms of an agreement for cooperation arranged pursuant to section 123, 

such type of utilization or production facility.

42 USC 2131.

License 

required.

42 USC 2132.

42 USC 2133.

Commercial 

licenses.
Atomic Energy Act of 1954 (P.L. 83–703) 53

establish; and (3) who agree to make available to the Commission such 

technical information and data concerning activities under such licenses 

as the Commission may determine necessary to promote the common 

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

such information may be used by the Commission only for the purposes 

of the common defense and security and to protect the health and safety 

of the public.

c. Each such license shall be issued for a specified period, as 

determined by the Commission, depending on the type of activity to be 

licensed, but not exceeding forty years from the authorization to 

commence operations

102 and may be renewed upon the expiration of such 

period.

d. No license under this section may be given to any person for 

activities which are not under or within the jurisdiction of the United 

States, except for the export of production or utilization facilities under 

terms of an agreement for cooperation arranged pursuant to section 123, 

or except under the provisions of section 109. No license may be issued 

to an alien or any103 corporation or other entity if the Commission knows 

or has reason to believe it is owned, controlled, or dominated by an alien, 

a foreign corporation, or a foreign government. In any event, no license

may be issued to any person within the United States if, in the opinion of 

the Commission, the issuance of a license to such person would be 

inimical to the common defense and security or to the health and safety 

of the public.

f. Each license issued for a utilization facility under this section or 

section 104b. shall require as a condition thereof that in case of any 

accident which could result in an unplanned release of quantities of 

fission products in excess of allowable limits for normal operation 

established by the Commission, the licensee shall immediately so notify 

the Commission. Violation of the condition prescribed by this subsection 

may, in the Commission’s discretion, constitute grounds for license 

revocation. In accordance with section 187 of this Act, the Commission 

shall promptly amend each license for a utilization facility issued under 

this section or section 104b. which is in effect on the date of enactment of 

this subsection to include the provisions required under this subsection.104

Sec. 104. Medical Therapy and Research and Development

a. The Commission is authorized to issue licenses to persons applying 

therefore for utilization facilities for use in medical therapy. In issuing 

such licenses the Commission is directed to permit the widest amount of 

effective medical therapy possible with the amount of special nuclear 

material available for such purposes and to impose the minimum amount 

of regulation consistent with its obligations under this Act to promote the 

common defense and security and to protect the health and safety of the 

public.

b. As provided for in subsection 102b., or 102c., or where specifically 

authorized by law, the Commission is authorized to issue licenses under 

this subsection to persons applying therefor for utilization and production 

facilities for industrial and commercial purposes. In issuing licenses 

under this subsection, the Commission shall impose the minimum amount 

––––––––

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). 104 Amended by P.L. 96–295, §201, 94 Stat. 786 (1980).

42 USC 2237.

42 USC 2133.

42 USC 2134.

Medical 

therapy and 

research and 

development.
54 Atomic Energy Act of 1954 (P.L. 83–703)

of such regulations and terms of license as will permit the Commission to 

fulfill its obligations under this Act.105

c. The Commission is authorized to issue licenses to persons applying 

therefor for utilization and production facilities useful in the conduct of 

research and development activities of the types specified in section 31 

and which are not facilities of the type specified in subsection 104b. The 

Commission is directed to impose only such minimum amount of 

regulation of the licensee as the Commission finds will permit the 

Commission to fulfill its obligations under this Act to promote the 

common defense and security and to protect the health and safety of the 

public and will permit the conduct of widespread and diverse research 

and development.

d. No license under this section may be given to any person for 

activities which are not under or within the jurisdiction of the United 

States, except for the export of production or utilization facilities under 

terms of an agreement for cooperation arranged pursuant to section 123 

or except under the provisions of section 109. No license may be issued 

to any corporation or other entity if the Commission knows or has reason 

to believe it is owned, controlled, or dominated by an alien, a foreign 

corporation, or a foreign government. In any event, no license may be 

issued to any person within the United States if, in the opinion of the 

Commission, the issuance of a license to such person would be inimical 

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

public.

Sec. 105. Antitrust Provisions

a. Nothing contained in this Act106 shall relieve any person from the 

operation of the following Acts, as amended, An Act to protect trade and 

commerce against unlawful restraints and monopolies, approved July 

second, eighteen hundred and ninety: sections seventy-three to seventysix107 inclusive, of an Act entitled ‘An Act to reduce taxation, to provide 

revenue for the Government, and for other purposes approved August 

twenty-seven, eighteen hundred and ninety-four; ‘An Act to supplement 

existing laws against unlawful restraints and monopolies, and for other 

purposes, approved October fifteen, nineteen hundred and fourteen; and 

‘An Act to create a Federal Trade Commission, to define its powers and 

duties, and for other purposes, approved September twenty-six, nineteen 

hundred and fourteen. In the event a licensee is found by a court of 

competent jurisdiction, either in an original action in that court or in a 

proceeding to enforce or review the findings or orders of any 

––––––––

105 Amended by P.L. 91–560, § 5, 84 Stat. 1472 (1970). Before amendment, it read as 

follows:

b. The Commission is authorized to issue licenses to persons applying 

therefor for utilization and production facilities involved in the conduct of 

research and development activities leading to the demonstration of the 

practical value of such facilities for industrial or commercial purposes. In 

issuing licenses under this subsection, the Commission shall impose the 

minimum amount of such regulations and terms of license as will permit the 

Commission to fulfill its obligations under this Act to promote the common 

defense and security and to protect the health and safety of the public and will 

be compatible with the regulations and terms of license which would apply in 

the event that a commercial license were later to be issued pursuant to 

section 103 for that type of facility. In issuing such licenses, priority shall be 

given to those activities which will, in the opinion of the Commission, lead to 

major advances in the application of atomic energy for industrial or 

commercial purposes. 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 Stat. 1921 (2002).

42 USC 2135.

Antitrust 

provisions.
Atomic Energy Act of 1954 (P.L. 83–703) 55

Government agency having jurisdiction under the laws cited above, to 

have violated any of the provisions of such laws in the conduct of the 

licensed activity, the Commission may suspend, revoke, or take such 

other action as it may deem necessary with respect to any license issued 

by the Commission under the provisions of this Act.

b. The Commission shall report promptly to the Attorney General any 

information it may have with respect to any utilization of special nuclear 

material or atomic energy which appears to violate or to tend toward the 

violation of any of the foregoing Acts, or to restrict free competition in 

private enterprise.

c. (1) The Commission shall promptly transmit to the Attorney 

General a copy of any license application provided for in paragraph (2) of 

this subsection, and a copy of any written request provided for in 

paragraph (3) of this subsection; and the Attorney General shall, within a 

reasonable time, but in no event to exceed 180 days after receiving a copy 

of such application or written request, render such advice to the

Commission as he determines to be appropriate in regard to the finding to 

be made by the Commission pursuant to paragraph (5) of this subsection. 

Such advice shall include an explanatory statement as to the reasons or 

basis therefor.

(2) Paragraph (1) of this subsection shall apply to an application 

for a license to construct or operate a utilization or production facility 

under section 103: Provided, however, That paragraph (1) shall not apply 

to an application for a license to operate a utilization or production 

facility for which a construction permit was issued under section 103 

unless the Commission determines such review is advisable on the 

ground that significant changes in the licensee’s activities or proposed 

activities have occurred subsequent to the previous review by the 

Attorney General and the Commission under this subsection in 

connection with the construction permit for the facility.

(3) With respect to any Commission permit for the construction of 

a utilization or production facility issued pursuant to subsection 104b. 

prior to the enactment into law of this subsection, any person who 

intervened or who sought by timely written notice to the Commission to 

intervene in the construction permit proceeding for the facility to obtain a 

determination of antitrust considerations or to advance a jurisdiction basis 

for such determination shall have the right, upon a written request to the 

Commission, to obtain an antitrust review under this section of the 

application for an operating license. Such written request shall be made 

within 25 days after the date of initial Commission publication in the 

Federal Register of notice of the filing of an application for an operating 

license for the facility or the date of enactment into law of this 

subsection, whichever is later.

(4) Upon the request of the Attorney General, the Commission 

shall furnish or cause to be furnished such information as the Attorney 

General determines to be appropriate for the advice called for in 

paragraph (1) of this subsection.

(5) Promptly upon receipt of the Attorney General’s advice, the 

Commission shall publish the advice in the Federal Register. Where the 

Attorney General advises that there may be adverse antitrust aspects and 

recommends that there be a hearing, the Attorney General or his designee 

may participate as a party in the proceedings thereafter held by the 

Commission on such licensing matter in connection with the subject

matter of his advice. The Commission shall give due consideration to the 

advice received from the Attorney General and to such evidence as may 

be provided during the proceedings in connection with such subject 
56 Atomic Energy Act of 1954 (P.L. 83–703)

matter, and shall make a finding as to whether the activities under the 

license would create or maintain a situation inconsistent with the antitrust 

laws as specified in subsection 105a.

(6) In the event the Commission’s finding under paragraph (5) is 

in the affirmative, the Commission shall also consider, in determining 

whether the license should be issued or continued, such other factors, 

including the need for power in the affected area, as the Commission in 

its judgment deems necessary to protect the public interest. On the basis 

of its findings, the Commission shall have the authority to issue or 

continue a license as applied for, to refuse to issue a license, to rescind a 

license or amend it, and to issue a license with such conditions as it 

deems appropriate.

(7) The Commission, with the approval of the Attorney General, 

may except from any of the requirements of this subsection such classes 

or types of licenses as the Commission may determine would not 

significantly affect the applicant’s activities under the antitrust laws as 

specified in subsection 105a.

(8) With respect to any application for a construction permit on 

file at the time of enactment into law of this subsection, which permit 

would be for issuance under section 103, and with respect to any 

application for an operating license in connection with which a written 

request for an antitrust review is made as provided for in paragraph (3), 

the Commission, after consultation with the Attorney General, may, upon 

determination that such action is necessary in the public interest to avoid 

unnecessary delay, establish by rule or order periods for Commission 

notification and receipt of advice differing from those set forth above and 

may issue a construction permit or operating license in advance of 

consideration of and findings with respect to the matters covered in this 

subsection: Provided, That any construction permit or operating license 

so issued shall contain such conditions as the Commission deems 

appropriate to assure that any subsequent findings and orders of the 

Commission with respect to such matters will be given full force and 

effect.108

(9) APPLICABILITY–This subsection does not apply to an 

application for a license to construct or operate a utilization facility or 

production facility under section 103 or 104b. that is filed on or after the 

date of enactment of this paragraph.109

––––––––

108 Amended by P.L. 91–560, section 6, 84 Stat. 1472 (1970). Before amendment, it read 

as follows:

c. Whenever the Commission proposes to issue any license to any persons 

under section 103, it shall notify the Attorney General of the proposed license 

and the proposed terms and conditions thereof, except such classes or type of 

licenses, as the Commission, with the approval of the Attorney General, may 

determine would not significantly affect the licensee’s activities under the 

antitrust laws as specified in subsection 150a. Within a reasonable time, in no 

event to exceed 90 days after receiving such notification, the Attorney General 

shall advise the Commission whether, insofar as he can determine, the 

proposed license would tend to create or maintain a situation inconsistent with 

the antitrust laws, and such advice shall be published in the Federal Register. 

Upon the request of the Attorney General, the Commission shall furnish or 

cause to be furnished such information as the Attorney General determines to 

be appropriate or necessary to enable him to give the advice called for by this 

section. 109 Amended by P.L. 109–58, § 625, 119 Stat. 784 (2005).
Atomic Energy Act of 1954 (P.L. 83–703) 57

Sec. 106. Classes of Facilities

The Commission may–

a. group the facilities licensed either under section 103 or under 

section 104 into classes which may include either production or 

utilization facilities or both, upon the basis of the similarity of operating 

and technical characteristics of the facilities;

b. define the various activities to be carried on at each such class of 

facility; and

c. designate the amounts of special nuclear material available for use 

by each such facility.

Sec. 107. Operators’ Licenses

The Commission shall–

a. prescribe uniform conditions for licensing individuals as operators 

of any of the various classes of production and utilization facilities 

licensed in this Act;

b. determine the qualifications of such individuals;

c. issue licenses to such individuals in such form as the Commission 

may prescribe; and 

d. suspend such licenses for violations of any provision of this Act or 

any rule or regulation issued thereunder whenever the Commission 

deems such action desirable.

Sec. 108. War or National Emergency

Whenever the Congress declares that a state of war or national 

emergency exists, the Commission is authorized to suspend any licenses 

granted under this Act if in its judgment such action is necessary to the 

common defense and security. The Commission is authorized during such 

period, if the Commission finds it necessary to the common defense and 

security, to order the recapture of any special nuclear material110 or to 

order the operation of any facility licensed under section 103 or section 

104, and is authorized to order the entry into any plant or facility in order 

to recapture such material, or to operate such facility. Just compensation 

shall be paid for any damages caused by the recapture of any special 

nuclear material or by the operation of any such facility.

Sec. 109. Component and Other Parts of Facilities

a. With respect to those utilization and production facilities which are 

so determined by the Commission pursuant to subsection 11v.(2) or 

11cc.(2) the Commission may issue general licenses for domestic 

activities required to be licensed under section 101, if the Commission 

determines in writing that such general licensing will not constitute an 

unreasonable risk to the common defense and security.

b. After consulting with the Secretaries of State, Energy, and 

Commerce,111 the Commission is authorized and directed to determine 

which component parts as defined in subsection 11v.(2) or 11cc.(2) and 

which other items or substances are especially relevant from the 

standpoint of export control because of their significance for nuclear 

explosive purposes. Except as provided in section 126 b.(2), no such 

component, substance, or item which is so determined by the 

Commission shall be exported unless the Commission issues a general or 

specific license for its export after finding, based on a reasonable 

judgment of the assurances provided and other information available to 

the Federal Government, including the Commission, that the following 

––––––––

110 Amended by P.L. 86–373, § 2, 73 Stat. 688 (1959). 111 Amended by P.L. 105–277, 112 Stat. 2681–774 (1998).

42 USC 2136.

Classes of 

facilities.

42 USC 2137.

Operators’

licenses.

42 USC 2138.

War or national 

emergency.

42 USC 2139.

Domestic 

activities 

licenses, 

issuance, 

authorization.

Export licenses.
58 Atomic Energy Act of 1954 (P.L. 83–703)

criteria or their equivalent are met: (1) IAEA safeguards as required by 

Article III(2) of the Treaty will be applied with respect to such 

component, substance, or item; (2) no such component, substance, or 

item will be used for any nuclear explosive device or for research on or 

development of any nuclear explosive device; and (3) no such 

component, substance, or item will be re-transferred to the jurisdiction of 

any nation or group of nations unless the prior consent of the United 

States is obtained for such retransfer; and after determining in writing 

that the issuance of each such general or specific license or category of 

licenses will not be inimical to the common defense and security; 

Provided, That a specific license shall not be required for an export 

pursuant to this section if the component, item or substance is covered by 

a facility license issued pursuant to section 126 of this Act.

c. The Commission shall not issue an export license under the 

authority of subsection b. if it is advised by the executive branch, in 

accordance with the procedures established under subsection 126 a., that 

the export would be inimical to the common defense and security of the 

United States.112

Sec. 110. Exclusions

Nothing in this subchapter shall be deemed

a. to require a license for (1) the processing, fabricating, or refining of 

special nuclear material, or the separation of special nuclear material, or 

the separation of special nuclear material from other substances, under 

contract with and for the account of the Commission; or (2) the 

construction or operation of facilities under contract with and for the 

account of the Commission; or

b. to require a license for the manufacture, production, or acquisition 

by the Department of Defense of any utilization facility authorized 

pursuant to section 91, or for the use of such facility by the Department 

of Defense or a contractor thereof.

Sec. 111. Distribution by the Department of Energy113

a. The Nuclear Regulatory Commission is authorized to license the 

distribution of special nuclear material, source material, and byproduct 

material by the Department of Energy, pursuant to sections 54, 64, and 82 

of this Act, respectively, in accordance with the same procedures 

established by law for the export licensing of such material by any 

person: Provided, That nothing in this section shall require the licensing 

of the distribution of byproduct material by the Department of Energy 

under section 82 of this Act.

b. The Department of Energy shall not distribute any special nuclear 

material or source material under section 54 or section 64 of this Act 

other than under an export license issued by the Nuclear Regulatory 

Commission until (1) the Department has obtained the concurrence of the 

––––––––

112 Amended by P.L. 95–242, § 309(a), 92 Stat. 141 (1978). Before amendment, section 109 read as follows:

Sec. 109. Component Parts of Facilities–With respect to those utilization and 

production facilities which are so determined by this Commission pursuant to 

subsection 11v.(2) or 11cc.(2) the Commission may (a) issue general licenses for activities required to be licensed under section 101, if the Commission 

determines in writing that such general licensing will not constitute an 

unreasonable risk to the common defense and security, and (b) issue licenses 

for the export of such facilities, if the Commission determines in writing that 

each export will not constitute an unreasonable risk to the common defense 

and security.

Amended by P.L. 89–645, § 1, 80 Stat. 891, (1966); P.L. 87–615, § 9, 76 Stat. 409 (1962). 113 Added by P.L. 95–242, § 301(c), 92 Stat. 125 (1978).

42 USC 2140.

Exclusions.

42 USC 2141.

42 USC 2112.
Atomic Energy Act of 1954 (P.L. 83–703) 59

Department of State and has consulted with114 the Nuclear Regulatory 

Commission, and the Department of Defense under mutually agreed 

procedures which shall be established within not more than ninety days 

after the date of enactment of this provision and (2) the Department finds 

based on a reasonable judgment of the assurances provided and the 

information available to the United States Government, that the criteria in 

section 127 of this Act or their equivalent and any applicable criteria in 

subsection 128 are met, and that the proposed distribution would not be 

inimical to the common defense and security.

Chapter 11–International Activities

Sec. 121. Effect of International Arrangements

Any provision of this Act or any action of the Commission to the 

extent and during the time that it conflicts with the provisions of any 

international arrangements made after the date of enactment of this Act 

shall be deemed to be of no force or effect.

Sec. 122. Policies Contained in International Arrangements

In the performance of its functions under this Act, the Commission 

shall give maximum effect to the policies contained in any international 

arrangement made after the date of enactment of this Act.

Sec. 123. Cooperation with Other Nations

No cooperation with any nation, group of nations or regional defense 

organization pursuant to section 53, 54a., 57, 64, 82, 91, 103, 104, or 144 

shall be undertaken until–

a. the proposed agreement for cooperation has been submitted to the 

President, which proposed agreement shall include the terms, conditions, 

duration, nature, and scope of the cooperation; and shall include the 

following requirements:

(1) a guaranty by the cooperating party that safeguards as set forth in 

the agreement for cooperation will be maintained with respect to all 

nuclear materials and equipment transferred pursuant thereto, and 

with respect to all special nuclear material used in or produced 

through the

use of such nuclear materials and equipment, so long as the material 

or equipment remains under the jurisdiction or control of the 

cooperating party, irrespective of the duration of other provisions in 

the agreement or whether the agreement is terminated or suspended 

for any reason;

(2) in the case of non-nuclear-weapon states, a requirement, as a 

condition of continued United States nuclear supply under the 

agreement for cooperation, that IAEA safeguards be maintained with 

respect to all nuclear materials in all peaceful nuclear activities within 

the territory of such state, under its jurisdiction, or carried out under 

its control anywhere;

(3) except in the case of those agreements for cooperation 

arranged pursuant to subsection 91c., a guaranty by the cooperating 

party that no nuclear materials and equipment or sensitive nuclear 

technology to be transferred pursuant to such agreement, and no 

special nuclear material produced through the use of any nuclear 

materials and equipment or sensitive nuclear technology transferred 

––––––––

114 Amended by P.L. 105–277, 112 Stat. 2681–774 (1998).

42 USC 2151.

Effect of 

international

arrangements.

42 USC 2152.

Policies 

contained

in international 

42 USC 2153. arrangements.

42 USC 2073, 

2074, 2077, 

2094, 2112, 

2121, 2133, 

2134, 2164.

Cooperative 

agreements, 

submitted to 

President.

Contents.
60 Atomic Energy Act of 1954 (P.L. 83–703)

pursuant to such agreement, will be used for any nuclear explosive 

device, or for research on or development of any nuclear explosive 

device, or for any other military purpose;

(4) except in the case of those agreements for cooperation 

arranged pursuant to subsection 91c. and agreements for cooperation 

with nuclear-weapon states, a stipulation that the United States shall 

have the right to require the return of any nuclear materials and 

equipment transferred pursuant thereto and any special nuclear 

material produced through the use thereof if the cooperating party 

detonates a nuclear explosive device or terminates or abrogates an 

agreement providing for IAEA safeguards; 

(5) a guaranty by the cooperating party that any material or any 

Restricted Data transferred pursuant to the agreement for cooperation 

and, except in the case of agreements arranged pursuant to subsection 

91c., 144b., 144c., or 144d.,115 any production or utilization facility 

transferred pursuant to the agreement for cooperation or any special 

nuclear material produced through the use of any such facility or 

through the use of any material transferred pursuant to the agreement, 

will not be transferred to unauthorized persons or beyond the 

jurisdiction or control of the cooperating party without the consent of 

the United States;

(6) a guaranty by the cooperating party that adequate physical 

security will be maintained with respect to any nuclear material 

transferred pursuant to such agreement and with respect to any special 

nuclear material used in or produced through the use of any material, 

production facility, or utilization facility transferred pursuant to such 

agreement;

(7) except in the case of agreements for cooperation arranged 

pursuant to subsection 91c., 144b., 144c., or 144d.,116 a guaranty by 

the cooperating party that no material transferred pursuant to the 

agreement for cooperation and no material used in or produced 

through the use of any material, production facility, or utilization 

facility transferred pursuant to the agreement for cooperation will be 

reprocessed, enriched or (in the case of plutonium, uranium 233, or 

uranium enriched to greater than twenty percent in the isotope 235, or 

other nuclear materials which have been irradiated) otherwise altered 

in form or content without the prior approval of the United States;

(8) except in the case of agreements for cooperation arranged 

pursuant to subsection 91c., 144b., 144c., or 144d.,117 a guaranty by 

the cooperating party that no plutonium, no uranium 233, and no 

uranium enriched to greater than twenty percent in the isotope 235, 

transferred pursuant to the agreement for cooperation, or recovered 

from any source or special nuclear material so transferred or from any 

source or special nuclear material used in any production facility or 

utilization facility transferred pursuant to the agreement for 

cooperation, will be stored in any facility that has not been approved 

in advance by the United States; and

(9) except in the case of agreements for cooperation arranged 

pursuant to subsection 91c., 144b., 144c., or 144d.,118 a guaranty by 

the cooperating party that any special nuclear material, production 

––––––––

115 Amended by P.L. 103–337, 108 Stat. 2663 (1994). 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).

42 USC 2121.

42 USC 2164.
Atomic Energy Act of 1954 (P.L. 83–703) 61

facility, or utilization facility produced or constructed under the 

jurisdiction of the cooperating party by or through the use of any 

sensitive nuclear technology transferred pursuant to such agreement 

for cooperation will be subject to all the requirements specified in this 

subsection. 

The President may exempt a proposed agreement for cooperation 

(except an agreement arranged pursuant to subsection 91c., 144b., 

144c., or 144d.119) from any of the requirements of the foregoing 

sentence if he determines that inclusion of any such requirement 

would be seriously prejudicial to the achievement of United States 

non-proliferation objectives or otherwise jeopardize the common 

defense and security. Except in the case of those agreements for 

cooperation arranged pursuant to subsection 91c., 144b., 144c., or 

144d.120 any proposed agreement for cooperation shall be negotiated 

by the Secretary of State, with the technical assistance and 

concurrence of the Secretary of Energy and121 after consultation with 

the Commission shall be submitted to the President jointly by the 

Secretary of State and the Secretary of Energy accompanied by the 

views and recommendations of the Secretary of State, the Secretary of 

Energy and the Nuclear Regulatory Commission. Each Nuclear 

Proliferation Assessment Statement prepared pursuant to this Act 

shall be accompanied by a classified annex, prepared in consultation 

with the Director of Central Intelligence, summarizing relevant 

classified information. The Secretary of State shall also provide to the 

president an unclassified Nuclear Proliferation Assessment Statement 

(A) which shall analyze the consistency of the text of the proposed 

agreement for cooperation with all the requirements of this Act, with 

specific attention to whether the proposed agreement is consistent 

with each of the criteria set forth in this subsection, and (B)122

regarding the adequacy of the safeguards and other control 

mechanisms and the peaceful use assurances contained in the 

agreement for cooperation to ensure that any assistance furnished 

thereunder will not be used to further any military or nuclear 

explosive purpose. In the case of those agreements for cooperation 

arranged pursuant to subsection 91c., 144b., 144c., or 144d.,123 any 

proposed agreement for cooperation shall be submitted to the 

President by the Secretary of Energy or, in the case of those 

agreements for cooperation arranged pursuant to subsection 91c., or 

144b., which are to be implemented by the Department of Defense, by 

the Secretary of Defense; 

b. the President has submitted text of the proposed agreement for 

cooperation, except an agreement arranged pursuant to section 91c., 

144b., 144c., or 144d. of section 144,124 together with the accompanying 

unclassified Nuclear Proliferation Assessment Statement, to the 

Committee on Foreign Relations of the Senate and the Committee on 

Foreign Affairs of the House of Representatives, the President has 

consulted with such Committees for a period of not less than thirty days 

of continuous session (as defined in section 130g. of this Act) concerning 

––––––––

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). 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).

42 USC 2121.

42 USC 2164.

Agreement 

requirements 

Presidential 

exemptions.

Nuclear 

Proliferation 

Assessment 

Statement, 

submitted to 

President.

Proposed 

cooperation 

agreements 

submittal to 

President.
62 Atomic Energy Act of 1954 (P.L. 83–703)

the consistency of the terms of the proposed agreement with all the 

requirements of this Act, and125 the President has approved and 

authorized the execution of the proposed agreement for cooperation and 

has made a determination in writing that the performance of the proposed 

agreement will promote and will not constitute an unreasonable risk to, 

the common defense and security;

c. the proposed agreement for cooperation (if not an agreement 

subject to subsection d.), together with the approval and determination of 

the President, has been submitted to the Committee on Foreign Affairs126

of the House of Representatives and the Committee on Foreign Relations 

of the Senate for a period of thirty days of continuous session (as defined 

in subsection 130g.): Provided, however, That these committees, after 

having received such agreement for cooperation, may by resolution in 

writing waive the conditions of all or any portion of such thirty-day 

period; and

d. the proposed agreement for cooperation (if arranged pursuant to 

subsection 91c., 144b., 144c., or 144d., or if entailing implementation of 

sections 53, 54a., 103, or 104 in relation to a reactor that may be capable 

of producing more than five thermal megawatts or special nuclear 

material for use in connection therewith) has been submitted to the 

Congress, together with the approval and determination of the President, 

for a period of sixty days of continuous session (as defined in subsection 

130g. of this Act) and referred to the Committee on Foreign Affairs of the 

House of Representatives and the Committee on Foreign Relations of the 

Senate, and in addition, in the case of a proposed agreement for 

cooperation arranged pursuant to subsection 91c., 144b., 144c., or 

144d., the Committee on Armed Services of the House of Representatives 

and the Committee on Armed Services of the Senate, but such proposed 

agreement for cooperation shall not become effective if during such 

sixty-day period the Congress adopts, and there is enacted, a joint 

resolution127 stating in substance that the Congress does not favor the 

proposed agreement for cooperation: Provided, That the sixty-day period 

shall not begin until a Nuclear Proliferation Assessment Statement 

prepared by the Secretary of State, and any annexes thereto,128 when 

required by subsection 123a., have been submitted to the Congress: 

Provided further, That an agreement for cooperation exempted by the 

President pursuant to subsection a. from any requirement contained in 

that subsection, or an agreement exempted pursuant to section 104(a)(1) 

of the Henry J. Hyde United States-India Peaceful Atomic Energy 

Cooperation Act of 2006,129 shall not become effective unless the 

Congress adopts, and there is enacted, a joint resolution stating that the 

Congress does favor such agreement.130 During the sixty-day period the 

Committee on Foreign Affairs of the House of Representatives and the 

Committee on Foreign Relations of the Senate shall each hold hearings 

on the proposed agreement for cooperation and submit a report to their 

respective bodies recommending whether it should be approved or 

––––––––

125 Amended by P.L. 99–64, § 301(a)(2). 126 Amended by P.L. 103–437, § 15(f)(5), 108 Stat. 4581 (1994). 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 exemption clause 

from the Henry J. Hyde United States–India Peaceful Atomic Energy Cooperation Act of 

2006. 130 Amended by P.L. 99–64, § 301(b)(2).

Submittal to 

congressional 

committees.

42 USC 2073.

42 USC 2074.

42 USC 2133.

42 USC 2134.
Atomic Energy Act of 1954 (P.L. 83–703) 63

disapproved.131 Any such proposed agreement for cooperation shall be 

considered pursuant to the procedures set forth in section 130i. of this 

Act.132

Following submission of a proposed agreement for cooperation 

(except an agreement for cooperation arranged pursuant to subsection 

91c., 144b., 144c., or 144d.) to the Committee on Foreign Affairs of the 

House of Representatives and the Committee on Foreign Relations of the 

Senate, the Nuclear Regulatory Commission, the Department of State, the 

Department of Energy, and the Department of Defense shall, upon the 

request of either of those committees, promptly furnish to those 

committees their views as to whether the safeguards and other controls 

contained therein provide an adequate framework to ensure that any 

export as contemplated by such agreement will not be inimical to or 

constitute an unreasonable risk to the common defense and security.

If, after the date of enactment of the Nuclear Non-Proliferation Act of 

1978, the Congress fails to disapprove a proposed agreement for 

cooperation which exempts the recipient nation from the requirement set 

forth in subsection 123a.(2), such failure to act shall constitute a failure to 

adopt a resolution of disapproval pursuant to subsection 128b.(3) for 

purposes of the Commission’s consideration of applications and requests 

under section 126a.(2) and there shall be no congressional review 

pursuant to section 128 of any subsequent license or authorization with 

respect to that state until the first such license or authorization which is 

issued after twelve months from the elapse of the sixty-day period in 

which the agreement for cooperation in question is reviewed by the 

Congress.133

e. The President shall keep the Committee on Foreign Affairs of the 

House of Representatives and the Committee on Foreign Relations of the 

Senate fully and currently informed of any initiative or negotiations 

relating to a new or amended agreement for peaceful nuclear cooperation 

pursuant to this section (except an agreement arranged pursuant to section 

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 international arrangement 

with a group of nations providing for international cooperation in the 

nonmilitary applications of atomic energy and he may thereafter 

cooperate with that group of nations pursuant to section 54a, 57, 64, 82, 

103, 104, or 144a.: Provided, however, That the cooperation is 

undertaken pursuant to an agreement for cooperation entered into in 

accordance with section 123.

Sec. 125. Cooperation with Berlin135

The President may authorize the Commission to enter into agreements 

for cooperation with the Federal Republic of Germany in accordance with 

section 123, on behalf of Berlin, which for the purposes of this Act 

comprises those areas over which the Berlin Senate exercises jurisdiction 

(the United States, and French sectors) and the Commission may 

thereafter cooperate with Berlin pursuant to section 54a,136 57, 64, 82, 

––––––––

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, § 15, 78 Stat. 602 

(1964); P.L. 93–377, § 5, 88 Stat. 475 (1974); P.L. 85–479, § 3, § 4, 72 Stat. 276 (1958); 

P.L. 85–681, § 4, 72 Stat. 632 (1958), P.L. 93–485, 88 Stat. 1460 (1974). 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).

42 USC 2121.

42 USC 2164.

Agency views to 

Congressional 

Committees.

President.

42 USC 2154.

International 

atomic pool.

42 USC 2153 

note.

Cooperation 

with Berlin.
64 Atomic Energy Act of 1954 (P.L. 83–703)

103, or 104; Provided, That the guaranties required by section 123 shall 

be made by Berlin with the approval of the allied commandants.

Sec. 126. Export Licensing Procedures

a. No license may be issued by the Nuclear Regulatory Commission 

(the "Commission") for the export of any production or utilization 

facility, or any source material or special nuclear material, including 

distributions of any material by the Department of Energy under section 

54, 64, or 82, for which a license is required or requested, no exemption 

from any requirement for such an export license may be granted by the 

Commission, as the case may be, until–

(1) the Commission has been notified by the Secretary of State 

that it is the judgment of the executive branch that the proposed 

export or exemption will not be inimical to the common defense and 

security, or that any export in the category to which the proposed 

export belongs would not be inimical to the common defense and 

security because it lacks significance for nuclear explosive purposes.

Secretary of State shall, within ninety days after the enactment of this 

section, establish orderly and expeditious procedures, including 

provision for necessary administrative actions and inter-agency 

memoranda of understanding, which are mutually agreeable to the 

Secretaries of Energy, Defense, and Commerce,137 and the Nuclear 

Regulatory Commission for the preparation of the executive branch 

judgment on export applications under this section. Such procedures 

shall include, at a minimum, explicit direction on the handling of such 

applications, express deadlines for the solicitation and collection of 

the views of the consulted agencies (with identified officials 

responsible for meeting such deadlines), an inter-agency coordinating 

authority to monitor the processing of such applications, 

predetermined procedures for the expeditious handling of intra-agency 

and inter-agency disagreements and appeals to higher authorities, 

frequent meetings of inter-agency administrative coordinators to 

review the status of all pending applications, and similar 

administrative mechanisms. To the extent practicable, an applicant 

should be advised of all the information required of the applicant for 

the entire process for every agency’s needs at the beginning of the 

process. Potentially controversial applications should be identified as 

quickly as possible so that any required policy decisions or diplomatic 

consultations can be initiated in a timely manner. An immediate effort 

should be undertaken to establish quickly any necessary standards and 

criteria, including the nature of any required assurances or evidentiary 

showing, for the decisions required under this section. The processing 

of any export application proposed and filed as of the date of 

enactment of this section shall not be delayed pending the 

development and establishment of procedures to implement the 

requirements of this section. The executive branch judgment shall be 

completed in not more than sixty days from receipt of the application 

or request, unless the Secretary of State in his discretion specifically 

authorizes additional time for consideration of the application or 

request because it is in the national interest to allow such additional 

time. The Secretary shall notify the Committee on Foreign Relations

of the Senate and the Committee on Foreign Affairs138 of the House of 

––––––––

137 Amended by P.L. 105–277, 112 Stat. 774 (1998). 138 Amended by P.L. 103–437, § 15(f)(5), 108 Stat. 4581 (1994).

42 USC 2155.

42 USC 2112.

Executive 

branch 

judgment 

notice to 

commission.

Exemption.

Contents.

Procedure.

Standards and 

criteria.
Atomic Energy Act of 1954 (P.L. 83–703) 65

Representatives of any such authorization. In submitting any such 

judgment, the Secretary of State shall specifically address the extent 

to which the export criteria then in effect are met and the extent to 

which the cooperating party has adhered to the provisions of the 

applicable agreement for cooperation. In the event he considers it 

warranted, the Secretary may also address the following additional 

factors, among others:

(A) whether issuing the license or granting the exemption will 

materially advance the non-proliferation policy of the United 

States by encouraging the recipient nation to adhere to the Treaty, 

or to participate in the undertakings contemplated by section 403 

or 404(a) of the Nuclear Non-Proliferation Act of 1978;

(B) whether failure to issue the license or grant the exemption 

would otherwise be seriously prejudicial to the non-proliferation 

objectives of the United States; and

(C) whether the recipient nation or group of nations has agreed 

that conditions substantially identical to the export criteria set 

forth in section 127 of this Act will be applied by another nuclear 

supplier nation or group of nations to the proposed United States 

export, and whether in the Secretary’s judgment those conditions 

will be implemented in a manner acceptable to the United States.

The Secretary of State shall provide appropriate data and 

recommendations, subject to requests for additional data and 

recommendations, as required by the Commission or the Secretary of 

Energy, as the case may be; and 

(2) the Commission finds, based on a reasonable judgment of the 

assurances provided and other information available to the Federal 

Government, including the Commission, that the criteria in section 

127 of this Act or their equivalent, and any other applicable statutory 

requirements, are met: Provided, That continued cooperation under

an agreement for cooperation as authorized in accordance with section 

124 of this Act shall not be prevented by failure to meet the provisions 

of paragraph (4) or (5) of section 127 for a period of thirty days after 

enactment of this section, and for a period of twenty-three months 

thereafter if the Secretary of State notifies the commission that the 

nation or group of nations bound by the relevant agreement has agreed 

to negotiations as called for in section 404(a) of the Nuclear NonProliferation act of 1978; however, nothing in this subsection shall be 

deemed to relinquish any rights which the United States may have 

under agreements for cooperation in force on the date of enactment of 

this section: Provided further, That if, upon the expiration of such 

twenty four month period, the President determines that failure to 

continue cooperation with any group of nations which has been 

exempted pursuant to the above proviso from the provisions of 

paragraph (4) or (5) of section 127 of this Act, but which has not yet 

agreed to comply with those provisions would be seriously prejudicial 

to the achievement of United States non-proliferation objectives or 

otherwise jeopardize the common defense and security, he may, after 

notifying the Congress of his determination, extend by Executive 

order the duration of the above proviso for a period of twelve months, 

and may further extend the duration of such proviso by one year 

increments annually thereafter if he again makes such determination 

and so notifies the Congress. In the event that the Committee on 

Foreign Affairs of the House of Representatives or the Committee on 

Foreign Relations of the Senate reports a joint resolution to take any 

action with respect to any such extension, such joint resolution will 

Notice to

congressional 

committees.

Data and 

recommendation

s

Data and 

recommendations.

42 USC 2154.

Extension, 

notice 

to Congress.

Findings.

Findings.
66 Atomic Energy Act of 1954 (P.L. 83–703)

be considered in the House or Senate, as the case may be, under 

procedures identical to those provided for the consideration of 

resolutions pursuant to section 120 of this Act: and additionally 

provided, That the Commission is authorized to (A) make a single 

finding under this subsection for more than a single application or 

request, where the applications or requests involve exports to the same 

country, in the same general time frame, of similar significance for 

nuclear explosive purposes and under reasonably similar 

circumstances and (B) make a finding under this subsection that there 

is no material changed circumstance associated with a new application 

or request from those existing at the time of the last application or 

request for an export to the same country, where the prior application 

or request was approved by the Commission using all applicable 

procedures of this section, and such finding of no material changed 

circumstance shall be deemed to satisfy the requirement of this 

paragraph for findings of the Commission. The decision not to make

any such finding in lieu of the findings which would otherwise be 

required to be made under this paragraph shall not be subject to 

judicial review: and provided further, That nothing contained in this 

section is intended to require the Commission independently to 

conduct or prohibit the Commission from independently conducting 

country or site specific visitations in the Commission’s consideration 

of the application of IAEA safeguards.

b. (1) Timely consideration shall be given by the Commission to 

requests for export license and exemptions and such requests shall be 

granted upon a determination that all applicable statutory 

requirements have been met.

(2) If, after receiving the executive branch judgment that the 

issuance of a proposed export license will not be inimical to the 

common defense and security, the Commission does not issue the 

proposed license on a timely basis because it is unable to make the 

statutory determinations required under this Act, the Commission 

shall publicly issue its decision to that effect, and shall submit the 

license application to the President. The Commission’s decision shall 

include an explanation of the basis for the decision and any dissenting 

or separate views. If, after receiving the proposed license application 

and reviewing the Commission’s decision, the President determines 

that withholding the proposed export would be seriously prejudicial to 

the achievement of United States non-proliferation objectives, or 

would otherwise jeopardize the common defense and security, the 

proposed export may be authorized by Executive order: Provided,

That prior to any such export, the President shall submit the Executive 

order, together with his explanation of why, in light of the 

Commission’s decision, the export should nonetheless be made, to the 

Congress for a period of sixty days of continuous session (as defined 

in subsection 130g.) and shall be referred to the Committee on 

Foreign Affairs of the House of Representatives and the Committee 

on Foreign Relations of the Senate, but any such proposed export 

shall not occur if during such sixty-day period the Congress adopt a 

concurrent resolution stating in substance that it does not favor the 

proposed export. Any such Executive order shall be considered 

pursuant to the procedures set forth in section 130 of this Act for the 

consideration of Presidential submissions. And provided further, That 

the procedures established pursuant to subsection (b) of section 304 of 

the Nuclear Non-Proliferation Act of 1978 shall provide that the 

Commission shall immediately initiate review of any application for a 

Findings.

Judicial review,

Exception.

Report to 

Congress and 

congressional 

Committee.

Review.

Presidential 

review.
Atomic Energy Act of 1954 (P.L. 83–703) 67

license under this section and to the maximum extent feasible shall 

expeditiously process the application concurrently with the executive 

branch review while awaiting the final executive branch judgment. In 

initiating its review the Commission may identify a set of concerns 

and requests for information associated with the projected issuance of 

such license and shall transmit such concerns and requests to the 

executive branch which shall address such concerns and requests in its 

written communications with the Commission. Such procedures shall 

also provide that if the Commission has not completed action on the 

application within sixty days after the receipt of an executive branch 

judgment that the proposed export or exemption is not inimical to the 

common defense and security or that any export in the category to 

which the proposed export belongs would not be inimical to the 

common defense and security because it lacks significance for nuclear 

explosive purposes, the Commission shall inform the applicant in 

writing of the reason for delay and provide follow-up reports as 

appropriate. If the Commission has not completed action by the end of 

an additional sixty days (a total of one hundred and twenty days from 

receipt of the executive branch judgment), the President may

authorize the proposed export by Executive order, upon a finding that 

further delay would be excessive and upon making the findings 

required for such Presidential authorizations under this subsection, 

and subject to the Congressional review procedures set forth herein. 

However, if the Commission has commenced procedures for public 

participation regarding the proposed export under regulations 

promulgated pursuant to subsection (b) of section 304 of the Nuclear 

Non-Proliferation Act of 1978, or–within sixty days after receipt of 

the executive branch judgment on the proposed export–the 

Commission has identified and transmitted to the executive branch a 

set of additional concerns or requests for information, the President 

may not authorize the proposed export until sixty days after public 

proceedings are completed or sixty days after a full executive branch 

response to the Commission’s additional concerns or requests has 

been made consistent with subsection a.(1) of this section: Provided 

further, That nothing in this section shall affect the right of the 

Commission to obtain data and recommendations from the Secretary 

of State at any time as provided in subsection a.(1) of this section.

c. In the event that the House of Representatives or the Senate passes 

a joint resolution which would adopt one or more additional export 

criteria, or would modify any existing export criteria under this Act, any 

such joint resolution shall be referred in the other House to the 

Committee on Foreign Relations of the Senate or the Committee on 

Foreign Affairs of the House of Representatives, as the case may be, and 

shall be considered by the other House under applicable procedures 

provided for the consideration of resolutions pursuant to section 130 of 

this Act.139

Sec. 127. Criteria Governing United States Nuclear Exports

The United States adopts the following criteria which, in addition to 

other requirements of law, will govern exports for peaceful nuclear uses 

from the United States of source material, special nuclear material, 

production or utilization facilities, and any sensitive nuclear technology:

––––––––

139 Amended by P.L. 95–242, § 304(a), 92 Stat. 131 (1978).

Concerns and 

request, 

transmittal to 

executive 

branch.

Referral to 

congressional 

committees.

42 USC 2156.
68 Atomic Energy Act of 1954 (P.L. 83–703)

(1) IAEA safeguards as required by Article III(2) of the Treaty 

will be applied with respect to any such material or facilities proposed 

to be exported, to any such material or facilities previously exported 

and subject to the applicable agreement for cooperation, and to any 

special nuclear material used in or produced through the use thereof.

(2) No such material, facilities, or sensitive nuclear technology 

proposed to be exported or previously exported and subject to the 

applicable agreement for cooperation, and no special nuclear material 

produced through the use of such materials, facilities, or sensitive 

nuclear technology, will be used for any nuclear explosive device or 

for research on or development of any nuclear explosive device. 

(3) Adequate physical security measures will be maintained with 

respect to such material or facilities proposed to be exported and to 

any special nuclear material used in or produced through the use 

thereof. Following the effective date of any regulations promulgated 

by the Commission pursuant to section 304(d) of the Nuclear NonProliferation Act of 1978, physical security measures shall be deemed 

adequate if such measures provide a level of protection equivalent to 

that required by the applicable regulations.

(4) No such materials, facilities, or sensitive nuclear technology 

proposed to be exported, and no special nuclear material produced 

through the use of such material, will be re-transferred to the 

jurisdiction of any other nation or group of nations unless the prior 

approval of the United States is obtained for such re-transfer. In 

addition to other requirements of law, the United States may approve 

such retransfer only if the nation or group of nations designated to 

receive such retransfer agrees that it shall be subject to the conditions 

required by this section.

(5) No such material proposed to be exported and no special 

nuclear material produced through the use of such material will be 

reprocessed, and no irradiated fuel elements containing such material 

removed from a reactor shall be altered in form or content, unless the 

prior approval of the United states is obtained for such reprocessing 

or alteration.

(6) No such sensitive nuclear technology shall be exported unless 

the foregoing conditions shall be applied to any nuclear material or 

equipment which is produced or constructed under the jurisdiction of 

the recipient nation or group of nations by or through the use of any 

exported sensitive nuclear technology.140

Sec. 128. Additional Export Criterion and Procedures

a. (1) As a condition of continued United States export of source 

material, special nuclear material, production or utilization facilities, and 

any sensitive nuclear technology to non-nuclear-weapon states, no such 

export shall be made unless IAEA safeguards are maintained with respect 

to all peaceful nuclear activities in, under the jurisdiction of, or carried 

out under the control of such state at the time of the export.

(2) The President shall seek to achieve adherence to the foregoing 

criterion by recipient non-nuclear weapon states.

––––––––

140 Amended by P.L. 95–242, § 305, 92 Stat. 136 (1978).

42 USC 2157.
Atomic Energy Act of 1954 (P.L. 83–703) 69

b. The criterion set forth in subsection a. shall be applied as an export 

criterion with respect to any application for the export of materials, 

facilities, or technology specified in subsection a. which is filed after 

eighteen months from the date of enactment of this section, or for any 

such application under which the first export would occur at least twentyfour months after the date of enactment of this section, except as 

provided in the following paragraphs:

(1) If the Commission or the Department of Energy, as the case 

may be, is notified that the President has determined that failure to 

approve an export to which this subsection applies because such 

criterion has not yet been met would be seriously prejudicial to the 

achievement of United States non-proliferation objectives or 

otherwise jeopardize the common defense and security, the license or 

authorization may be issued subject to other applicable requirements 

of law: Provided, That no such export of any production or utilization 

facility or of any source or special nuclear material (intended for use 

as fuel in any production or utilization facility) which has been 

licensed or authorized pursuant to this subsection shall be made to any 

non-nuclear-weapon state which has failed to meet such criterion until 

the first such license or authorization with respect to such state is 

submitted to the Congress (together with a detailed assessment of the 

reasons underlying the President’s determination, the judgement of 

the executive branch required under section 126 of this Act, and any

Commission opinion and views) for a period of sixty days of 

continuous session (as defined in subsection 130g. of this Act) and 

referred to the Committee on Foreign Affairs141 of the House of 

Representatives and the Committee on Foreign Relations of the 

Senate, but such export shall not occur if during such sixty-day period 

the Congress adopts a concurrent resolution stating in substance that 

the Congress does not favor the proposed export. Any such license or 

authorization shall be considered pursuant to the procedures set forth 

in section 130 of this Act for the consideration of Presidential 

submissions.

(2) If the Congress adopts a resolution of disapproval pursuant to 

paragraph (1), no further export of materials, facilities, or technology 

specified in subsection a. shall be permitted for the remainder of that 

Congress, unless such state meets the criterion or the President 

notifies the Congress that he has determined that significant progress 

has been made in achieving adherence to such criterion by such state 

or that United States foreign policy interests dictate reconsideration 

and the Congress, pursuant to the procedure of paragraph (1), does not 

adopt a concurrent resolution stating in substance that it disagrees 

with the President’s determination.

(3) If the Congress does not adopt a resolution of disapproval with 

respect to a license or authorization submitted pursuant to paragraph 

(1), the criterion set forth in subsection a. shall not be applied as an 

export criterion with respect to exports of materials, facilities and 

technology specified in subsection a. to that state: Provided, That the 

first license or authorization with respect to that state which is issued 

pursuant to this paragraph after twelve months from the elapse of the 

sixty-day period specified in paragraph (1), and the first such license 

or authorization which is issued after each twelve-month period 

––––––––

141 Amended by P.L. 103–437, § 15(f)(5), 108 Stat. 4581 (1994).

Export 

applications, 

criterion 

enforcement.

Congressional 

disapproval, 

resolution.

Export

authorizations, 

congressional 

review.
70 Atomic Energy Act of 1954 (P.L. 83–703)

thereafter, shall be submitted to the Congress for review pursuant to 

the procedures specified in paragraph (1): Provided further, That if 

the Congress adopts a resolution of disapproval during any review 

period provided for by this paragraph, the provisions of paragraph (2) 

shall apply with respect to further exports to such state.142

Sec. 129. Conduct Resulting in Termination of Nuclear Exports

a. No nuclear materials and equipment or sensitive nuclear technology 

shall be exported to–143

(1) any non-nuclear-weapon state that is found by the President to 

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 agreement; or

(D) engaged in activities involving source or special nuclear 

material and having direct significance for the manufacture or 

acquisition of nuclear explosive devices, and has failed to take 

steps which, in the President’s judgment, represent sufficient 

progress toward terminating such activities; or

(2) any nation or group of nations that is found by the President to 

have, at any time after the effective date of this section,

(A) materially violated an agreement for cooperation with the 

United States, or, with respect to material or equipment not 

supplied under an agreement for cooperation, materially violated 

the terms under which such material or equipment was supplied or 

the terms of any commitments obtained with respect thereto 

pursuant to section 402(a) of the Nuclear Non-Proliferation Act of 

1978; or

(B) assisted, encouraged, or induced any non-nuclear-weapon 

state to engage in activities involving source or special nuclear 

material and having direct significance for the manufacture or 

acquisition of nuclear explosive devices, and has failed to take 

steps which, in the President’s judgment, represent sufficient 

progress toward terminating such assistance, encouragement, or 

inducement; or

(C) entered into an agreement after the date of enactment of 

this section for the transfer of reprocessing equipment, materials, 

or technology to the sovereign control of a non-nuclear-weapon 

state except in connection with an international fuel cycle 

evaluation in which the United States is a participant or pursuant 

to a subsequent international agreement or understanding to which 

the United States subscribes; 

unless the President determines that cessation of such exports would be 

seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and 

security: Provided, That prior to the effective date of any such 

determination, the President’s determination, together with a report 

containing the reasons for his determination, shall be submitted to the 

Congress and referred to the Committee on Foreign Affairs144 of the 

House of Representatives and the Committee on Foreign Relations of the 

Senate for a period of sixty days of continuous session (as defined in 

subsection 130g. of this act), but any such determination shall not 

––––––––

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). 144 Amended by P.L. 103–437, § 15(f)(5), 108 Stat. 4581 (1994).

42 USC 2158.

Export 

terminations,

criterion.

Report to 

Congress.
Atomic Energy Act of 1954 (P.L. 83–703) 71

become effective if during such sixty-day period the Congress adopts, 

and there is enacted, a joint resolution145 stating in substance that it does 

not favor the determination. Any such determination shall be considered 

pursuant to the procedures set forth in section 130 of this Act for the 

consideration of Presidential submissions.146

b.(1) Notwithstanding any other provision of law, including 

specifically section 121 of this Act, and except as provided in para-graphs 

(2) and (3), no nuclear materials and equipment or sensitive nuclear 

technology, including items and assistance authorized by section 57b. of 

this Act and regulated under part 810 of title 10, Code of Federal 

Regulations, and nuclear-related items on the Commerce Control List 

maintained under part 774 of title 15 of the Code of Federal Regulations, 

shall be exported or reexported, or transferred or retransferred whether 

directly or indirectly, and no Federal agency shall issue any license, 

approval, or authorization for the export or reexport, or transfer, or 

retransfer, whether directly or indirectly, of these items or assistance (as 

defined in this paragraph) to any country whose government has been 

identified by the Secretary of State as engaged in state sponsorship of 

terrorist activities (specifically including any country the government of 

which has been determined by the Secretary of State under section 

620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), 

section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 

2405(j)(1), or section 40(d) of the Arms Export Control Act (22 U.S.C. 

2780(d)) to have repeatedly provided support for acts of international 

terrorism).

(2) This subsection shall not apply to exports, reexports, transfers, 

or retransfers of radiation monitoring technologies, surveillance 

equipment, seals, cameras, tamper-indication devices, nuclear 

detectors, monitoring systems, or equipment necessary to safely store, 

transport, or remove hazardous materials, whether such items, 

services, or information are regulated by the Department of Energy, 

the Department of Commerce, or the Commission, except to the 

extent that such technologies, equipment, seals, cameras, devices, 

detectors, or systems are available for use in the design or 

construction of nuclear reactors or nuclear weapons.

(3) The President may waive the application of paragraph (1) to a 

country if the President determines and certifies to Congress that the 

waiver will not result in any increased risk that the country receiving 

the waiver will acquire nuclear weapons, nuclear reactors, or any 

materials or components of nuclear weapons and–

(A) the government of such country has not within the 

preceding 12-month period willfully aided or abetted the 

international proliferation of nuclear explosive devices to 

individuals or groups or willfully aided and abetted an individual 

or groups in acquiring unsafeguarded nuclear materials;

(B) in the judgment of the President, the government of such 

country has provided adequate, verifiable assurances that it will 

cease its support for acts of international terrorism;

(C) the waiver of that paragraph is in the vital national security 

interest of the United States; or

––––––––

145 Amended by P.L. 110–369, § 203, 122 Stat. 4028 (2008). 146 Amended by P.L. 95–242, § 307, 92 Stat. 138 (1978).
72 Atomic Energy Act of 1954 (P.L. 83–703)

(D) such a waiver is essential to prevent or respond to a 

serious radiological hazard in the country receiving the waiver 

that may or does threaten public health and safety.

(b) APPLICABILITY TO EXPORTS APPROVED FOR 

TRANSFER BUT NOT TRANSFERRED Subsection b. of section 129 

of Atomic Energy Act of 1954, as added by subsection (a) of this section, 

shall apply with respect to exports that have been approved for transfer as 

of the date of the enactment of this Act but have not yet been transferred 

as of that date.147

Sec. 130. Congressional Review Procedures

a. Not later than forty-five days of continuous session of Congress 

after the date of transmittal to the Congress of any submission of the 

President required by subsection148 126a.(2), 126b.(2), 128b., 129, 

131a.(3), or 131f.(1)(A) of this Act, the Committee on Foreign Relations 

of the Senate and the Committee on Foreign Affairs of the House of 

Representatives149 shall each submit a report to its respective House on 

its views and recommendations respecting such Presidential submission 

together with a resolution, as defined in subsection f., stating in substance 

that the Congress approves or disapproves such submission, as the case 

may be: Provided, That if any such committee has not reported such a 

resolution at the end of such forty-five day period, such committee shall 

be deemed to be discharged from further consideration of such 

submission.150 If no such resolution has been reported at the end of such 

period, the first resolution, as defined in subsection f., which is 

introduced within five days thereafter within such House shall be placed 

on the appropriate calendar of such House. 

b. When the relevant committee or committees have reported such a 

resolution (or have been discharged from further consideration of such a 

resolution pursuant to subsection a.) or when a resolution has been 

introduced and placed on the appropriate calendar pursuant to subsection 

a., as the case may be, it is at any time thereafter in order (even though a 

previous motion to the same effect has been disagreed to) for any 

Member of the respective House to move to proceed to the consideration 

of the resolution. The motion is highly privileged and is not debatable. 

The motion shall not be subject to amendment, or to a motion to 

postpone, or to a motion to proceed to the consideration of other business. 

A motion to reconsider the vote by which the motion is agreed to or 

disagreed to shall not be in order. If a motion to proceed to the 

consideration of the resolution is agreed to, the resolution shall remain 

the unfinished business of the respective House until disposed of.

c. Debate on the resolution, and on all debatable motions and appeals 

in connection therewith, shall be limited to not more than ten hours, 

which shall be divided equally between individuals favoring and 

individuals opposing the resolution. A motion further to limit debate is in 

order and not debatable. An amendment to a motion to postpone, or a 

motion to recommit the resolution, or a motion to proceed to the 

consideration of other business is not in order. A motion to reconsider the 

vote by which the resolution is agreed to or disagreed to shall not be in 

order. No amendment to any concurrent resolution pursuant to the 

procedures of this section is in order except as provided in subsection d.

––––––––

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.
Atomic Energy Act of 1954 (P.L. 83–703) 73

d. Immediately following (1) the conclusion of the debate on such 

concurrent resolution, (2) a single quorum call at the conclusion of debate 

if requested in accordance with the rules of the appropriate House, and 

(3) the consideration of an amendment introduced by the Majority Leader 

or his designee to insert the phrase, "does not" in lieu of the word "does" 

if the resolution under consideration is a concurrent resolution of 

approval, the vote on final approval of the resolution shall occur.

e. Appeals from the decisions of the Chair relating to the application 

of the rules of the Senate or the House of Representatives, as the case 

may be, to the procedure relating to such a resolution shall be decided 

without debate.

f. For the purposes of subsections a. through e. of this section, the 

term “resolution” means a concurrent resolution of the Congress, the 

matter after the resolving clause of which is as follows: That the 

Congress (does or does not) favor the transmitted to the Congress by the 

President on ______, the blank spaces therein to be appropriately filled, 

and the affirmative or negative phrase within the parenthetical to be 

appropriately selected.

g. (1) Except as provided in paragraph (2), for the purposes of this 

section–

(A) continuity of session is broken only by an adjournment of 

Congress sine die; and

(B) the days on which either House is not in session because of 

an adjournment of more than three days to a day certain are 

excluded in the computation of any period of time in which 

Congress is in continuous session.

(2) For purposes of this section insofar as it applies to section

123–

(A) continuity of session is broken only by an adjournment of 

congress sine die at the end of a Congress; and

(B) the days on which either House is not in session because of 

an adjournment of more than three days are excluded in the 

computation of any period of time in which Congress is in 

continuous session.

h. This section is enacted by Congress–

(1) as an exercise of the rulemaking power of the Senate and the 

House of Representatives, respectively, and as such they are deemed a 

part of the rules of each House, respectively, but applicable only with 

respect to the procedure to be followed in that House in the case of 

resolutions described by subsection f. of this section; and they 

supersede other rules only to the extent that they are inconsistent 

therewith; and

(2) With full recognition of the constitutional right of either House 

to change the rules (so far as relating to the procedure of that House) 

at any time, in the same manner and to the same extent as in the case 

of any other rule of that House.151

i. (1) For the purposes of this subsection, the term "joint resolution"

means–

(A) for an agreement for cooperation pursuant to section 123 of 

this Act, a joint resolution, the matter after the resolving H. R. 

7081–7 clause of which is as follows: “That the Congress (does 

––––––––

151 Amended by P.L. 95–242, § 308, 92 Stat. 138 (1978).

Resolution.

Continuous 

sessions of 

Congress.

Computation.
74 Atomic Energy Act of 1954 (P.L. 83–703)

or does not) favor the proposed agreement for cooperation 

transmitted to the Congress by the President on ________.”,

(B) for a determination under section 129 of this Act, a joint 

resolution, the matter after the resolving clause of which is as 

follows: “That the Congress does not favor the determination 

transmitted to the Congress by the President on ________.”, or

(C) for a subsequent arrangement under section 201 of the 

United States-India Nuclear Cooperation Approval and 

Nonproliferation Enhancement Act, a joint resolution, the 

matter after the resolving clause of which is as follows: “That 

the Congress does not favor the subsequent arrangement to the 

Agreement for Cooperation Between the Government of the 

United States of America and the Government of India 

Concerning Peaceful Uses of Nuclear Energy that was 

transmitted to Congress by the President on September 10, 

2008.”, with the date152 of the transmission of the proposed 

agreement for cooperation inserted in the blank, and the 

affirmative or negative phrase within the parenthetical 

appropriately selected.

(2) On the day on which a proposed agreement for cooperation is 

submitted to the House of Representatives and the Senate under 

section 123d., a joint resolution with respect to such agreement for 

cooperation shall be introduced (by request) in the House by the 

chairman of the Committee on Foreign Affairs,153 for himself and the 

ranking minority member of the Committee, or by Members of the 

House designated by the chairman and ranking minority member; and 

shall be introduced (by request) in the Senate by the majority leader 

of the Senate, for himself and the minority leader of the Senate, or by 

Members of the Senate designated by the majority leader and 

minority leader of the Senate. If either House is not in session on the 

day on which such an agreement for cooperation is submitted, the 

joint resolution shall be introduced in that House, as provided in the 

preceding sentence, on the first day thereafter on which that House is 

in session.

(3) All joint resolutions introduced in the House of 

Representatives shall be referred to the appropriate committee or 

committees, and all joint resolutions introduced in the Senate shall be 

referred to the Committee on Foreign Relations and in addition, in the 

case of a proposed agreement for cooperation arranged pursuant to 

section 91c., 144b., or 144c., the Committee on Armed Services.

(4) If the committee of either House to which a joint resolution 

has been referred has not reported it at the end of 45 days after its 

introduction (or in the case of a joint resolution related to a 

subsequent arrangement under section 201 of the United States-India 

Nuclear Cooperation Approval and Nonproliferation Enhancement 

Act, 15 days after its introduction),

154 the committee shall be 

discharged from further consideration of the joint resolution or of any 

other joint resolution introduced with respect to the same matter; 

except that, in the case of a joint resolution which has been referred to 

more than one committee, if before the end of that 45-day period (or 

in the case of a joint resolution related to a subsequent arrangement 

––––––––

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).
Atomic Energy Act of 1954 (P.L. 83–703) 75

under section 201 of the United States-India Nuclear Cooperation 

Approval and Nonproliferation Enhancement Act, 15-day period)155

one such committee has reported the joint resolution, any committee 

to which the joint resolution was referred shall be discharged from 

further consideration of the joint resolution or of any other joint 

resolution introduced with respect to the same matter.

(5) A joint resolution under this subsection shall be considered in 

the Senate in accordance with the provisions of section 601(b)(4) of 

the International Security Assistance and Arms Export Control Act of 

1976. For the purpose of expediting the consideration and passage of 

joint resolutions reported or discharged pursuant to the provisions of 

this subsection, it shall be in order for the committee on Rules of the 

House of Representatives to present for consideration a resolution of 

the House of Representatives providing procedures for the immediate 

consideration of a joint resolution under this subsection which may be 

similar, if applicable, to the procedures set forth in section 601(b)(4) 

of the International Security Assistance and Arms Export Control Act 

of 1976.

(6) In the case of a joint resolution described in paragraph (1), if 

prior to the passage by one House of a joint resolution of that House, 

that House receives a joint resolution with respect to the same matter 

from the other House, then–

(A) the procedure in that House shall be the same as if no joint 

resolution had been received from the other House; but

(B) the vote on final passage shall be on the joint resolution of 

the other House.

Sec. 131. Subsequent Arrangements156

a.(1) Prior to entering into any proposed subsequent arrangement 

under an agreement for cooperation (other than an agreement for 

cooperation arranged pursuant to subsection 91c., 144b., or 144c. of 

this Act), the Secretary of Energy shall obtain the concurrence of the 

Secretary of State and shall consult with the Commission, and the 

Secretary of Defense: Provided, That the Secretary of State shall 

have the leading role in any negotiations of a policy nature pertaining 

to any proposed subsequent arrangement regarding arrangements for 

the storage or disposition of irradiated fuel elements or approvals for 

the transfer, for which prior approval is required under an agreement 

for cooperation, by a recipient of source or special nuclear material, 

production or utilization facilities, or nuclear technology. Notice of 

any proposed subsequent arrangement shall be published in the 

Federal Register, together with the written determination of the 

Secretary of Energy that such arrangement will not be inimical to the 

common defense and security, and such proposed subsequent 

arrangement shall not take effect before fifteen days after publication. 

Whenever the Secretary of State is required157 to prepare a Nuclear 

Proliferation Assessment Statement pursuant to paragraph (2) of this 

subsection, notice of the proposed subsequent arrangement which is 

the subject of the requirement to prepare a Nuclear Proliferation 

Assessment Statement158 shall not be published until after the receipt 

by the Secretary of Energy of such Statement or the expiration of the 

––––––––

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.
76 Atomic Energy Act of 1954 (P.L. 83–703)

time authorized by subsection c. for the preparation of such 

Statement, whichever occurs first.

(2) If in the view of the Secretary of State, Secretary of Energy, 

Secretary of Defense, or the Commission, a proposed subsequent 

arrangement might significantly contribute to proliferation, the 

Secretary of State, in consultation with such Secretary or the 

Commission shall prepare an unclassified Nuclear Proliferation 

Assessment Statement with regard to such proposed subsequent 

arrangement regarding the adequacy of the safeguards and other 

control mechanisms and the application of the peaceful use assurances 

of the relevant agreement to ensure that assistance to be furnished 

pursuant to the subsequent arrangement will not be used to further any 

military or nuclear explosive purpose. For the purposes of this section, 

the term "subsequent arrangements" means arrangements entered into 

by any agency or department of the United States Government with 

respect to cooperation with any nation or group of nations (but not 

purely private or domestic arrangements) involving–

(A) contracts for the furnishing of nuclear materials and 

equipment;

(B) approvals for the transfer, for which prior approval is 

required under an agreement for cooperation, by a recipient of any 

source or special nuclear material, production or utilization 

facility, or nuclear technology; 

(C) authorization for the distribution of nuclear materials and 

equipment pursuant to this Act which is not subject to the 

procedures set forth in section 111b., section 126, or section 

109b.;

(D) arrangements for physical security;

(E) arrangements for the storage or disposition of irradiated 

fuel elements;

(F) arrangements for the application of safeguards with respect 

to nuclear materials and equipment; or

(G) any other arrangement which the President finds to be 

important from the standpoint of preventing proliferation.

(3) The United States will give timely consideration to all requests 

for prior approval, when required by this Act, for the reprocessing of 

material proposed to be exported, previously exported and subject to 

the applicable agreement for cooperation, or special nuclear material 

produced through the use of such material or a production or 

utilization facility transferred pursuant to such agreement for 

cooperation, or to the altering of irradiated fuel elements containing 

such material, and additionally, to the maximum extent feasible, will 

attempt to expedite such consideration when the terms and conditions 

for such actions set forth in such agreement for cooperation or in 

some other international agreement executed by the United States and 

subject to congressional review procedures comparable to those set 

forth in section 123 of this Act.

(4) All other statutory requirements under other sections of this 

Act for the approval or conduct of any arrangement subject to this 

subsection shall continue to apply and any other such requirements 

for prior approval or conditions for entering such arrangements shall 

also be satisfied before the arrangement takes effect pursuant to 

subsection a.(1).

b. With regard to any special nuclear material exported by the United 

States or produced through the use of any nuclear materials and 

equipment or sensitive nuclear technology exported by the United States–

Nuclear

Proliferation 

Assessment

Statement.

Subsequent

arrangements.

Contracts.
Atomic Energy Act of 1954 (P.L. 83–703) 77

(1) the Secretary of Energy may not enter into any subsequent 

arrangement for the retransfer of any such material to a third country 

for reprocessing, for the reprocessing of any such material, or for the 

subsequent retransfer of any plutonium in quantities greater than 500 

grams resulting from the reprocessing of any such material, until he 

has provided the Committee on Foreign Affairs159 of the House of 

Representatives and the Committee on Foreign Relations of the 

Senate with a report containing his reasons for entering into such 

arrangement and a period of 15 days of continuous session (as defined 

in subsection 130g. of this Act) has elapsed: Provided, however, That 

if in the view of the President an emergency exists due to unforeseen 

circumstances requiring immediate entry into a subsequent 

arrangement, such period shall consist of fifteen calendar days;

(2) the Secretary of Energy may not enter into any subsequent 

arrangement for the reprocessing of any such material in a facility 

which has not processed power reactor fuel assemblies or been the 

subject of a subsequent arrangement therefor prior to the date of 

enactment of the Nuclear Non-Proliferation Act of 1978 or for 

subsequent retransfer to a non-nuclear-weapon state of any plutonium 

in quantities greater than 500 grams resulting from such reprocessing, 

unless in his judgment, and that of the Secretary of State, such 

reprocessing or retransfer will not result in a significant increase of 

the risk of proliferation beyond that which exists at the time that 

approval is requested. Among all the factors in making this judgment, 

foremost consideration will be given to whether or not the 

reprocessing or retransfer will take place under conditions that will 

ensure timely warning to the United States of any diversion well in 

advance of the time at which the non-nuclear-weapon state could 

transform the diverted material into a nuclear explosive device; and

(3) the Secretary of Energy shall attempt to ensure, in entering 

into any subsequent arrangement for the reprocessing of any such 

material in any facility that has processed power reactor fuel 

assemblies or been the subject of a subsequent arrangement therefor 

prior to the date of enactment of the Nuclear Non-Proliferation Act of 

1978, or for the subsequent retransfer to any non-nuclear-weapon 

state of any plutonium in quantities greater than 500 grams resulting 

from such reprocessing, that such reprocessing or retransfer shall take 

place under conditions comparable to those which in his view, and 

that of the Secretary of State, satisfy the standards set forth in 

paragraph (2).

c. The Secretary of Energy shall, within ninety days after the 

enactment of this section, establish orderly and expeditious procedures, 

including provision for necessary administrative actions and inter-agency 

memoranda of understanding, which are mutually agreeable to the 

Secretaries of State, Defense, and Commerce, and the Nuclear Regulatory 

Commission for the consideration of requests for subsequent 

arrangements under this section. Such procedures shall include, at a 

minimum, explicit direction on the handling of such requests, express 

deadlines for the solicitation and collection of the views of the consulted 

agencies (with identified officials responsible for meeting such 

deadlines), an inter-agency coordinating authority to monitor the 

processing of such requests, predetermined procedures for the 

––––––––

159 Amended by P.L. 103–437, § 15(f)(6)(A), 108 Stat. 4581 (1994).

Report to 

congressional 

committees.

Nuclear 

materials, 

reprocessing or 

transfer 

procedures.
78 Atomic Energy Act of 1954 (P.L. 83–703)

expeditious handling of intra-agency and inter-agency disagreements and 

appeals to higher authorities, frequent meetings of inter-agency 

administrative coordinators to review the status of all pending requests,

and similar administrative mechanisms. To the extent practicable, an 

applicant should be advised of all the information required of the 

applicant for the entire process for every agency’s needs at the beginning 

of the process. Potentially controversial request should be identified as 

quickly as possible so that any required policy decisions or diplomatic 

consultations can be initiated in a timely manner. An immediate effort 

should be undertaken to establish quickly any necessary standards and 

criteria, including the nature of any required assurance or evidentiary 

showings, for the decisions required under this section. Further, such 

procedures shall specify that if he intends to prepare a Nuclear 

Proliferation Assessment Statement, the Secretary of State shall so 

declare in his response to the Department of Energy. If the Secretary of 

State declares that he intends to prepare such a Statement, he shall do so 

within sixty days of his receipt of a copy of the proposed subsequent 

arrangement (during which time the Secretary of Energy may not enter 

into the subsequent arrangement), unless pursuant to the Secretary of 

State's request, the President waives the sixty-day requirement and 

notifies the Committee on Foreign Affairs of the House of 

Representatives and the Committee on Foreign Relations of the Senate of 

such waiver and the justification therefor.160 The processing of any 

subsequent arrangement proposed and filed as of the date of enactment of 

this section shall not be delayed pending the development and 

establishment of procedures to implement the requirements of this 

section.

d. Nothing in this section is intended to prohibit, permanently or 

unconditionally, the reprocessing of spent fuel owned by a foreign nation 

which fuel has been supplied by the United States, to preclude the United 

States from full participation in the International Nuclear Fuel cycle 

Evaluation provided for in section 105 of the Nuclear Non-Proliferation 

Act of 1978; to in any way limit the presentation or consideration in that 

evaluation of any nuclear fuel cycle by the United States or any other 

participation; nor to prejudice open and objective consideration of the 

results of the evaluation.

e. Notwithstanding subsection 402(d) of the Department of Energy 

Organization Act (Public Law 95-91), the Secretary of Energy, and not 

the Federal Energy Regulatory Commission, shall have sole jurisdiction 

within the Department of Energy over any matter arising from any 

function of the Secretary of energy in this section.

f.(1) With regard to any subsequent arrangement under subsection 

a.(2)(E) (for the storage or disposition of irradiated fuel elements), where 

such arrangement involves a direct or indirect commitment of the United 

States for the storage or other disposition, interim or permanent, of any 

foreign spent nuclear fuel in the United States, the Secretary of Energy 

may not enter into any such subsequent arrangement, unless:

(A)(i) Such commitment of the United States has been 

submitted to the Congress for a period of sixty days of continuous 

session (as defined in subsection 130g. of this act) and has been 

referred to the Committee on Foreign Affairs of the House of 

representatives and the Committee on Foreign Relations of 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.
Atomic Energy Act of 1954 (P.L. 83–703) 79

Senate, but any such commitment shall not become effective if 

during such sixty-day period the Congress adopts a concurrent 

resolution stating in substance that it does not favor the 

commitment, any such commitment to be considered pursuant to 

the procedures set forth in section 130 of this act for the 

consideration of Presidential submission; or (ii) if the President 

has submitted a detailed generic plan for such disposition or 

storage in the United States to the Congress for a period of sixty 

days of continuous session (as defined in subsection 130g. of this 

Act), which plan has been referred to the Committee on Foreign 

Affairs of the House of Representatives and the Committee on 

Foreign Relations of the Senate and has not been adoption of a 

concurrent resolution stating in substance that Congress does not 

favor the plan; and the commitment is subject to the terms of an 

effective plan. Any such plan shall be considered pursuant to the 

procedures set forth in section 130 of this act for the consideration 

of Presidential submissions:

(B) The Secretary of Energy has complied with subsection a.; 

and 

(C) The Secretary of Energy has complied, or in the 

arrangement will comply with all other statutory requirements of

this Act, under sections 54 and 55 and any other applicable 

sections, and any other requirements of law.

(2) Subsection (1) shall not apply to the storage or other 

disposition in the United States of limited quantities of foreign spent 

nuclear fuel if the President determines that (A) a commitment under 

section 54 or 55 of this Act of the United States for storage or other 

disposition of such limited quantities in the United States is required 

by an emergency situation, (B) it is in the national interest to take 

such immediate action, and (C) he notifies the Committees on Foreign 

Affairs and Science, Space, and Technology161 of the House of 

Representatives and the Committees on Foreign Relations and Energy 

and Natural Resources of the Senate of the determination and action, 

with a detailed explanation and justification thereof, as soon as 

possible.

(3) Any plan submitted by the President under subsection f.(1) 

shall include a detailed discussion, with detailed information, and any 

supporting documentation thereof, relating to policy objectives, 

technical description, geographic information, cost data and 

justifications, legal and regulatory considerations, environmental 

impact information and any related international agreements, 

arrangements for understandings.

(4) For the purposes of this subsection, the term "foreign spent 

nuclear fuel" shall include any nuclear fuel irradiated in any nuclear 

power reactor located outside of the United States and operated by 

any foreign legal entity, government or non-government, regardless of 

the legal ownership or other control of the fuel or the reactor and 

regardless of the origin or licensing of the fuel or reactor, but not 

including fuel irradiated in a research reactor.

––––––––

161 Amended by P.L. 103–437, § 15 (f)(6)(B), 108 Stat. 4581 (1994).

Notice to 

congressional 

committees.

Foreign spent

nuclear fuel.

Plan, contents.
80 Atomic Energy Act of 1954 (P.L. 83–703)

Sec. 132. Authority to Suspend Nuclear Cooperation with Nations 

Which Have Not Ratified the Convention on the Physical Security of

Nuclear Material162

The President may suspend nuclear cooperation under this Act with 

any nation or group of nations which has not ratified the Convention on 

the Physical Security of Nuclear Material.

Sec. 133. Consultation with the Department of Defense Concerning 

Certain Exports and Subsequent Arrangements163

a. In addition to other applicable requirements–

(1) a license may be issued by the Nuclear Regulatory 

Commission under this Act for the export of special nuclear material 

described in subsection b.; and 

(2) approval may be granted by the Secretary of Energy under 

section 131 of this Act for the transfer of special nuclear material 

described in subsection b.; only after the Secretary of Defense has 

been consulted on whether the physical protection of that material 

during the export or transfer will be adequate to deter theft, sabotage, 

and other acts of international terrorism which would result in the 

diversion of that material. If, in the view of the Secretary of Defense 

based on all available intelligence information, the export or transfer 

might be subject to a genuine terrorist threat, the Secretary shall 

provide to the Nuclear Regulatory commission or the Secretary of 

Energy, as appropriate, his written assessment of the risk and a 

description of the actions the Secretary of Defense considers 

necessary to upgrade physical protection measures.

b. Subsection a. applies to the export or transfer of more than 2 

kilograms of plutonium or more than 5164 kilograms of uranium enriched 

to more than 20 percent in the isotope 233 or the isotope 235.

Sec. 134. Further Restrictions on Exports165

a. IN GENERAL166–Except as provided in subsection b., the 

Commission167 may issue a license for the export of highly enriched 

uranium to be used as a fuel or target in a nuclear research or test reactor 

only if , in addition to any other requirement of this Act, the Commission 

determines that–

(1) there is no alternative nuclear reactor fuel or target enriched in 

the isotope 235 to a lesser percent that the proposed export, that can 

be used in that reactor;

(2) the proposed recipient of that uranium has provided assurances 

that, whenever an alternative nuclear reactor fuel or target can be used 

in that reactor, it will use that alternative in lieu of highly enriched 

uranium; and

(3) the United States Government is actively developing an 

alternative nuclear reactor fuel or target than can be used in that 

reactor.

b. MEDICAL ISOTOPE PRODUCTION.–

(1) DEFINITIONS–In this subsection:

––––––––

162 Added by P.L. 99–399, § 602, 100 Stat 853 (1986). 163 Added by P.L. 99–399, § 602, 100 Stat 853 (1986). 164 Amended by P.L. 103–236, 108 Stat. 521 (1994). 165 Added by P.L. 102–486, 106 Stat 2945 (1992). 166 Amended by P.L. 109–58, § 630(1), 119 Stat. 785 (2005). 167 Amended by P.L. 109–58, § 630(1), 119 Stat. 785 (2005).

42 USC 2160b.

President of 

U.S.

42 USC 2160c.

42 USC 2160.

42 USC 2160d.
Atomic Energy Act of 1954 (P.L. 83–703) 81

(A) HIGHLY ENRICHED URANIUM–The term ‘highly 

enriched uranium’ means uranium enriched to include 

concentration of U–235 above 20 percent.

(B) MEDICAL ISOTOPE–The term ‘medical isotope’ 

includes Molybdenum 99, Iodine 131, Xenon 133, and other 

radioactive materials used to produce a radiopharmaceutical for 

diagnostic, therapeutic procedures or for research and 

development.

(C) RADIOPHARMACEUTICAL–The term 

‘radiopharmaceutical’ means a radioactive isotope that--

(i) contains byproduct material combined with chemical or 

biological material; and

(ii) is designed to accumulate temporarily in a part of the 

body for therapeutic purposes or for enabling the production of 

a useful image for use in a diagnosis of a medical condition.

(D) RECIPIENT COUNTRY–The term ‘recipient country’ 

means Canada, Belgium, France, Germany, and the Netherlands.

(2) LICENSES–The Commission may issue a license authorizing 

the export (including shipment to and use at intermediate and ultimate 

consignees specified in the license) to a recipient country of highly 

enriched uranium for medical isotope production if, in addition to any 

other requirements of this Act (except subsection a.), the Commission 

determines that–

(A) a recipient country that supplies an assurance letter to the 

United States Government in connection with the consideration by 

the Commission of the export license application has informed the 

United States Government that any intermediate consignees and

the ultimate consignee specified in the application are required to 

use the highly enriched uranium solely to produce medical 

isotopes; and

(B) the highly enriched uranium for medical isotope 

production will be irradiated only in a reactor in a recipient

country that–

(i) uses an alternative nuclear reactor fuel; or

(ii) is the subject of an agreement with the United States 

Government to convert to an alternative nuclear reactor fuel 

when alternative nuclear reactor fuel can be used in the 

reactor.

(3) REVIEW OF PHYSICAL PROTECTION 

REQUIREMENTS–

(A) IN GENERAL–The Commission shall review the 

adequacy of physical protection requirements that, as of the date 

of an application under paragraph (2), are applicable to the 

transportation and storage of highly enriched uranium for medical 

isotope production or control of residual material after irradiation 

and extraction of medical isotopes.

(B) IMPOSITION OF ADDITIONAL REQUIREMENTS–If 

the Commission determines that additional physical protection 

requirements are necessary (including a limit on the quantity of 

highly enriched uranium that may be contained in a single 

shipment), the Commission shall impose such requirements as 

license conditions or through other appropriate means.

(4) FIRST REPORT TO CONGRESS–

(A) NAS STUDY–The Secretary shall enter into an 

arrangement with the National Academy of Sciences to conduct a 

study to determine–

Contracts.
82 Atomic Energy Act of 1954 (P.L. 83–703)

(i) the feasibility of procuring supplies of medical isotopes 

from commercial sources that do not use highly enriched 

uranium;

(ii) the current and projected demand and availability of 

medical isotopes in regular current domestic use;

(iii) the progress that is being made by the Department of 

Energy and others to eliminate all use of highly enriched 

uranium in reactor fuel, reactor targets, and medical isotope 

production facilities; and

(iv) the potential cost differential in medical isotope 

production in the reactors and target processing facilities if the 

products were derived from production systems that do not 

involve fuels and targets with highly enriched uranium.

(B) FEASIBILITY–For the purpose of this subsection, the use 

of low enriched uranium to produce medical isotopes shall be 

determined to be feasible if–

(i) low enriched uranium targets have been developed and 

demonstrated for use in the reactors and target processing 

facilities that produce significant quantities of medical 

isotopes to serve United States needs for such isotopes;

(ii) sufficient quantities of medical isotopes are available 

from low enriched uranium targets and fuel to meet United 

States domestic needs; and

(iii) the average anticipated total cost increase from 

production of medical isotopes in such facilities without use of 

highly enriched uranium is less than 10 percent.

(C) REPORT BY THE SECRETARY–Not later than 5 years 

after the date of enactment of the Energy Policy Act of 2005, the 

Secretary shall submit to Congress a report that–

(i) contains the findings of the National Academy of 

Sciences made in the study under subparagraph (A); and

(ii) discloses the existence of any commitments from 

commercial producers to provide domestic requirements for 

medical isotopes without use of highly enriched uranium 

consistent with the feasibility criteria described in 

subparagraph (B) not later than the date that is 4 years after the 

date of submission of the report.

(5) SECOND REPORT TO CONGRESS–If the study of the 

National Academy of Sciences determines under paragraph (4)(A)(i) 

that the procurement of supplies of medical isotopes from commercial 

sources that do not use highly enriched uranium is feasible, but the 

Secretary is unable to report the existence of commitments under 

paragraph (4)(C)(ii), not later than the date that is 6 years after the 

date of enactment of the Energy Policy Act of 2005, the Secretary 

shall submit to Congress a report that describes options for 

developing domestic supplies of medical isotopes in quantities that 

are adequate to meet domestic demand without the use of highly 

enriched uranium consistent with the cost increase described in 

paragraph (4)(B)(iii).

(6) CERTIFICATION–At such time as commercial facilities that 

do not use highly enriched uranium are capable of meeting domestic 

requirements for medical isotopes, within the cost increase described 

in paragraph (4)(B)(iii) and without impairing the reliable supply of 

medical isotopes for domestic utilization, the Secretary shall submit to 

Congress a certification to that effect.
Atomic Energy Act of 1954 (P.L. 83–703) 83

(7) SUNSET PROVISION–After the Secretary submits a 

certification under paragraph (6), the Commission shall, by rule, 

terminate its review of export license applications under this 

subsection.168

c. As used in this section169–

(1) the term "alternative nuclear reactor fuel or target" means a 

nuclear reactor fuel or target which is enriched to less than 20 percent 

in the isotope U-235;

(2) the term "highly enriched uranium" means uranium enriched to 

20 percent or more in the isotope U-235; and

(3) a fuel or target "can be used" in a nuclear research or test 

reactor if–

(A) the fuel or target has been qualified by the Reduced 

Enrichment Research and Test Reactor Program of the 

Department of Energy, and

(B) use of the fuel or target will permit the large majority of 

ongoing and planned experiments and isotope production to be 

conducted in the reactor without a large percentage increase in the 

total cost of operating the reactor.

Chapter 12–Control of Information

Sec. 141. Policy

It shall be the policy of the Commission to control the dissemination 

and declassification of Restricted Data in such a manner as to assure the 

common defense and security. Consistent with such policy, the 

Commission shall be guided by the following principles:

a. Until effective and enforceable international safeguards against the 

use of atomic energy for destructive purposes have been established by 

an international arrangement, there shall be no exchange of Restricted 

Data with other nations except as authorized by section 144; and

b. The dissemination of scientific and technical information relating 

to atomic energy should be permitted and encouraged so as to provide 

that free interchange of ideas and criticism which is essential to scientific 

and industrial progress and public understanding and to enlarge the fund 

of technical information.

Sec. 142. Classification and Declassification of Restricted Data

a. The Commission shall from time to time determine the data, within 

the definition of Restricted Data, which can be published without undue 

risk to the common defense and security and shall thereupon cause such 

data to be declassified and removed from the category of Restricted Data.

b. The Commission shall maintain a continuous review of Restricted 

Data and of any Classification guides issued for the guidance of those in 

the atomic energy program with respect to the areas of Restricted Data 

which have been declassified in order to determine which information 

may be declassified and removed from the category of Restricted Data 

without undue risk to the common defense and security.

c. In the case of Restricted Data which the Commission and the 

Department of Defense jointly determine to relate primarily to the 

military utilization of atomic weapons, the determination that such data 

may be published without constituting an unreasonable risk to the 

––––––––

168 Amended by P.L. 109–58, §§ 630(2), (3), 119 Stat. 785 (2005). 169 Amended by P.L. 109–58, § 630(2), 119 Stat. 785 (2005).

42 USC 2161.

Policy.

42 USC 2162.

Classification 

and 

declassification 

of restricted 

data.
84 Atomic Energy Act of 1954 (P.L. 83–703)

common defense and security shall be made by the Commission and the 

Department of Defense jointly, and if the Commission and the 

Department of Defense do not agree, the determination shall be made by 

the President.

d. The Commission shall remove from the Restricted Data category 

such data as the Commission and the Department of Defense jointly 

determine relates primarily to the military utilization of atomic weapons 

and which the Commission and Department of Defense jointly determine 

can be adequately safeguarded as defense information: Provided, 

however, That no such data so removed from the Restricted Data 

category shall be transmitted or otherwise made available to any nation or 

regional defense organization, while such data remains defense 

information, except pursuant to an agreement for cooperation entered into 

in accordance with subsection b. or d. of section 144.170

e. The Commission shall remove from the Restricted Data category 

such information concerning the atomic energy programs of other nations 

as the Commission and the Director of Central Intelligence jointly 

determine to be necessary to carry out the provisions of section 102(d) of 

the National Security Act of 1947, as amended, and can be adequately 

safeguarded as defense information.

Sec. 143. Department of Defense Participation

The Commission may authorize any of its employees, or employees 

of any contractor, prospective contractor, licensee or prospective licensee 

of the Commission or any other person authorized access to Restricted 

Data by the Commission under subsections 145b.171 and 145c.172 to 

permit any employee of an agency of the Department of Defense or of its 

contractors, or any member of the Armed Forces to have access to 

Restricted Data required in the performance of his duties and so certified 

by the head of the appropriate agency of the Department of Defense or 

his designee: Provided, however, That the head of the appropriate 

agency of the Department of Defense or his designee has determined, in 

accordance with the established personnel security procedures and 

standards of such agency, that permitting the member or employee to 

have access to such Restricted Data will not endanger the common 

defense and security: and provided further, That the Secretary of Defense 

finds that the established personnel and other security procedures and 

standards of such agency are adequate and in reasonable conformity to 

the standards established by the Commission under section 145.

Sec. 144. International Cooperation

a. The President may authorize the Commission to cooperate with 

another nation and to communicate to that nation Restricted Data on–

(1) refining, purification, and subsequent treatment of source 

material;

(2) civilian reactor development;

(3) production of special nuclear material;

(4) health and safety;

(5) industrial and other applications of atomic energy for peaceful 

purposes; and

––––––––

170 Amended by P.L. 103–337, 108 Stat. 3092 (1994). 171 Amended by P.L. 84–1006, § 14, 70 Stat. 1069 (1956). 172 Amended by P.L. 87–206, § 5, 75 Stat. 475 (1961).

50 USC 406(d).

42 USC 2163.

Department of 

Defense 

participation.

42 USC 2164.

International 

cooperation.
Atomic Energy Act of 1954 (P.L. 83–703) 85

(6) research and development relating to the foregoing: Provided, 

however, That no such cooperation shall involve the communication 

of Restricted Data relating to the design or fabrication of atomic 

weapons: and provided further, That the cooperation is undertaken 

pursuant to an agreement for cooperation entered into in accordance 

with section 123, or is undertaken pursuant to an agreement existing 

on the effective date of this Act.173

b. The President may authorize the Department of Defense, with the 

assistance of the Commission, to cooperate with another nation or with a 

regional defense organization to which the United States is a party, and to 

communicate to that nation or organization such Restricted Data 

(including design information) as is necessary to–

(1) the development of defense plans;

(2) the training of personnel in the employment of and defense 

against atomic weapons and other military applications of atomic 

energy;

(3) the evaluation of the capabilities of potential enemies in the 

employment of atomic weapons and other military applications of 

atomic energy; and

(4) the development of compatible delivery systems for atomic 

weapons;

whenever the President determines that the proposed cooperation and the 

proposed communication of the Restricted Data will promote and will not 

constitute an unreasonable risk to the common defense and security, 

while such other nation or organization is participating with the United 

States pursuant to an international arrangement by substantial and 

material contributions to the mutual defense and security: Provided, 

however, That the cooperation is undertaken pursuant to an agreement 

entered into accordance with section 123.174

c. In addition to the cooperation authorized in subsections 144a. and 

144b., the President may authorize the Commission, with the assistance 

of the Department of Defense, to cooperate with another nation and–

––––––––

173 Amended by P.L. 85–479, § 5, 72 Stat. 276 (1958). 174 Amended by P.L. 85–479, § 6, 72 Stat. 276 (1958), by substituting a new 

subsection b. Before amendment, subsection b. read as follows:

b. The President may authorize the Department of Defense, with the 

assistance of the Commission, to cooperate with another nation or with a 

regional defense organization to which the United States is a party, and to 

communicate to that nation or organization such Restricted Data as is 

necessary to––

(1) the development of defense plans;

(2) the training of personnel in the employment of and defense against atomic 

weapons; and 

(3) the evaluation of the capabilities of potential enemies in the employment 

of atomic weapons.

while such other nation or organization is participating with the United States 

pursuant to an international arrangement by substantial and material 

contributions to the mutual defense and security: Provided, however, That no 

such cooperation shall involve communication of Restricted Data relating to 

the design or fabrication of atomic weapons except with regard to external 

characteristics, including size, weight, and shape, yields and effects, and 

systems employed in the delivery or use thereof but not including any data in 

these categories unless in the joint judgment of the Commission and the 

Department of Defense such data will not reveal important information 

concerning the design or fabrication of the nuclear components of an atomic 

weapon: And provided further, That the cooperation is undertaken pursuant to 

an agreement entered into in accordance with section 123.

Cooperation by 

Defense 

Department.
86 Atomic Energy Act of 1954 (P.L. 83–703)

(1) to exchange with that nation Restricted Data concerning 

atomic weapons: Provided, That communication of such Restricted 

Data to that nation is necessary to improve its atomic weapon design, 

development, or fabrication capability and provided that nation has 

made substantial progress in the development of atomic weapons; and

(2) to communicate or exchange with that nation Restricted Data 

concerning research, development, or design, of military reactors,

whenever the President determines that the proposed cooperation and the 

communication of the proposed Restricted Data will promote and will not 

constitute an unreasonable risk to the common defense and security, 

while such other nation is participating with the United States pursuant to 

an international arrangement by substantial and material contributions to 

the mutual defense and security: Provided, however, That the cooperation 

is undertaken pursuant to an agreement entered into in accordance with 

section 123.

d.175 (1) In addition to the cooperation authorized in subsections a., b., 

and c., the President may, upon making a determination described in 

paragraph (2), authorize the Department of Energy, with the assistance of 

the Department of Defense, to cooperate with another nation to 

communicate to that nation such Restricted Data, and the President may, 

upon making such determination, authorize the Department of Defense, 

with the assistance of the Department of Energy, to cooperate with 

another nation to communicate to that nation such data removed from the 

Restricted Data category under section 142, as is necessary for–

(A ) the support of a program for the control of and accounting 

for fissile material and other weapons material;

(B ) the support of the control of and accounting for atomic 

weapons;

(C) the verification of a treaty; and

(D) the establishment of international standards for the 

classification of data on atomic weapons, data on fissile material, 

and related data.

(2) A determination referred to in paragraph (1) is a determination 

that the proposed cooperation and proposed communication referred 

to in that paragraph–

(A) will promote the common defense and security interests of 

the United States and the nation concerned; and

(B) will not constitute an unreasonable risk to such common 

defense and security interests.

(3) Cooperation under this subsection shall be undertaken 

pursuant to an agreement for cooperation entered into in accordance 

with section 123.

e. The President may authorize any agency of the United States to 

communicate in accordance with the terms and conditions of an 

agreement for cooperation arranged pursuant to subsection 144a., b., c., 

or d., such Restricted Data as is determined to be transmissible under the 

agreement for cooperation involved.176

Sec. 145. Restrictions

a. No arrangement shall be made under section 31, no contract shall 

be made or continued in effect under section 41, and no license shall be 

issued under section 103 or 104, unless the person with whom such 

––––––––

175 Added by P.L. 103–337, 108 Stat. 3091 (1994). 176 Amended by P.L.103–337, 108 Stat. 3092 (1994).

42 USC 2165.

Restrictions.
Atomic Energy Act of 1954 (P.L. 83–703) 87

arrangement is made, the contractor or prospective contractor, or the 

prospective licensee agrees in writing not to permit any individual to 

have access to Restricted Data until the Civil Service Commission shall 

have made an investigation and report to the Commission on the 

character, associations, and loyalty of such individual, and the 

Commission shall have determined that permitting such person to have 

access to Restricted Data will not endanger the common defense and 

security.

b. Except as authorized by the Commission or the General Manager 

upon a determination by the Commission or General Manager that such 

action is clearly consistent with the national interest, no individual shall 

be employed by the Commission nor shall the Commission permit any 

individual to have access to Restricted Data until the Civil Service 

Commission shall have made an investigation and report to the 

Commission on the character, associations, and loyalty of such 

individual, and the Commission shall have determined that permitting 

such person to have access to Restricted Data will not endanger the 

common defense and security.

c. In lieu of the investigation and report to be made by the Civil 

Service Commission pursuant to subsection b. of this section, the 

Commission may accept an investigation and report on the character, 

associations, and loyalty of an individual made by another Government 

agency which conducts personnel security investigations, provided that a 

security clearance has been granted to such individual by another 

Government agency based on such investigation and report.

d. In the event an investigation made pursuant to subsections a. and b. 

of this section develops any data reflecting that the individual who is the 

subject of the investigation is of questionable loyalty, the Civil Service 

Commission shall refer the matter to the Federal Bureau of Investigation 

for the conduct of a full field investigation, the results of which shall be 

furnished to the Civil Service commission for its information and 

appropriate action.

e. (1) If the President deems it to be in the national interest he may 

from time to time determine that investigations of any group or class 

which are required by subsections (a), (b), and (c) of this section be made 

by the Federal Bureau of Investigation.

 (2) In the case of an individual employed in a program known as a 

Special Access Program,177 any investigation required by subsections a., 

b., and c. of this section shall be made by the Federal Bureau of 

Investigation.178

f. (1) Notwithstanding the provisions of subsections a., b., and c. of 

this section, but subject to subsection (e) of this section, a majority of the 

members of the Commission may direct that an investigation required by 

such provisions on an individual described in paragraph (2) be carried out 

by the Federal Bureau of Investigation rather than by the Civil Service 

Commission.

 (2) An individual described in this paragraph is an individual who 

is employed --

(A) in a program certified by a majority of the members of the 

Commission to be of a high degree of importance or sensitivity; or

––––––––

177 Amended by P.L. 108–136, Div. C, Title XXXI, § 3131, 117 Stat. 1749 (2003). 178 Amended by P.L. 106–65, Div. C, Title XXXI, Subtitle D, § 3144(a), 113 Stat. 934 

(1999).

Investigations 

by CSC.

Investigations 

by FBI.
88 Atomic Energy Act of 1954 (P.L. 83–703)

(B) in any other specific position certified by a majority of the 

members of the Commission to be of a high degree of importance or 

sensitivity.179

g. The commission shall establish standards and specifications in 

writing as to the scope and extent of investigations, the reports of which 

will be utilized by the Commission in making the determination, pursuant 

to subsections a., b., and c. of this section, that permitting a person access 

to restricted data will not endanger the common defense and security. 

Such standards and specifications shall be based on the location and class 

or kind of work to be done, and shall, among other considerations, take 

into account the degree of importance to the common defense and 

security of the Restricted Data to which access will be permitted.

h. Whenever the Congress declares that a state of war exists, or in the 

event of a national disaster due to enemy attack, the Commission is 

authorized during the state of war or period of national disaster due to 

enemy attack to employ individuals and to permit individuals access to 

Restricted Data pending the investigation report, and determination 

required by section 145b., to the extent that and so long as the 

Commission finds that such action is required to prevent impairment of 

its activities in furtherance of the common defense and security.180

––––––––

179 Amended by P.L. 108–136, Div. C, Title XXXI, § 3131, 117 Stat. 1749 (2003). 180 Amended by P.L. 87–206, § 6, 75 Stat. 475 (1961), by redesignating subsection c as subsection d and subsection g as subsection h. This amendment also added new subsections 

“c,” “e,” “f,” and “g.” Before amendment, the section read as follows:

Sec. 145. Restrictions.– a. No arrangement shall be made under section 31, no contract shall be made 

or continued in effect under section 41, and no license shall be issued under 

section 103 or 104, unless the person with whom such arrangement is made, 

the contractor or prospective contractor, or the prospective licensee agrees in 

writing not to permit any individual to have access to Restricted Data until the 

Civil Service Commission shall have made an investigation and report to the 

Commission on the character, associations, and loyalty of such individual and 

the Commission shall have determined that permitting such person to have access to Restricted Data will not endanger the common defense security.

b. Except as authorized by the Commission or the General Manager upon a 

determination by the Commission or General Manager that such action is 

clearly consistent with the national interest, no individual shall be employed 

by the Commission nor shall the Commission permit any individual to have 

access to Restricted Data until the Civil Service Commission shall have made 

an investigation and report to the Commission on the character, associations, 

and loyalty of such individual, and the Commission shall have determined that 

permitting such person to have access to Restricted Data will not endanger the 

common defense and security.

c. In the event an investigation made pursuant to subsections a. and b. of this 

section develops any data reflecting that the individual who is the subject of 

the investigation is of questionable loyalty, the Civil Service Commission 

shall refer the matter to the Federal Bureau of Investigation of the conduct of a 

full field investigation, the results of which shall be furnished to the Civil 

Service Commission for its information and appropriate action.

d. If the President deems it to be in the national interest, he may from time to 

time cause investigations of any group or class which are required by 

subsections a. and b. of this section to be made by the Federal Bureau of 

Investigation instead of by the Civil Service Commission. 

e. Notwithstanding the provisions of subsections a. and b. of this section, a 

majority of the members of the Commission shall certify those specific 

positions which are of a high degree of importance or sensitivity and upon 

such certification the investigation and reports required by such provisions 

shall be made by the Federal Bureau of Investigation instead of by the Civil 

Service Commission.

f. The Commission shall establish standards and specifications in writing as 

to the scope and extent of investigations to be made by the Civil Service 

Commission pursuant to subsections a. and b. of this section. Such standards 
Atomic Energy Act of 1954 (P.L. 83–703) 89

Sec. 146. General Provisions

a. Sections 141 to 145, inclusive, shall not exclude the applicable 

provisions of any other laws, except that no Government agency shall 

take any action under such other laws inconsistent with the provisions of 

those sections.

b. The Commission shall have no power to control or restrict the 

dissemination of information other than as granted by this or any other 

law.

Sec. 147. Safeguards Information181

a. In addition to any other authority or requirement regarding 

protection from disclosure of information, and subject to subsection 

(b)(3) of section 552 of title 5 of the United States Code, the Commission 

shall prescribe such regulations, after notice and opportunity for public 

comment, or issue such orders, as necessary to prohibit the unauthorized 

disclosure of safeguards information which specifically identifies a 

licensee’s or applicant’s detailed–

(1) control and accounting procedures or security measures 

(including security plans, procedures, and equipment) for the physical 

protection of special nuclear material, by whomever possessed, 

whether in transit or at fixed sites, in quantities determined by the 

Commission to be significant to the public health and safety or the 

common defense and security;

(2) security measures (including security plans, procedures, and 

equipment) for the physical protection of source material or 

byproduct material, by whomever possessed, whether in transit or at 

fixed sites, in quantities determined by the Commission to be 

significant to the public health and safety or the common defense and 

security; or

(3) security measures (including security plans, procedures, and 

equipment) for the physical protection of and the location of certain 

plant equipment vital to the safety of production or utilization 

facilities involving nuclear materials covered by paragraphs (1) and 

(2).

If the unauthorized disclosure of such information could reasonably 

be expected to have a significant adverse effect on the health and safety 

of the public or the common defense and security by significantly 

increasing the likelihood of theft, diversion, or sabotage of such material 

or such facility. The Commission shall exercise the authority of this 

subsection–

(A) so as to apply the minimum restrictions needed to protect 

the health and safety of the public or the common defense and 

security, and

 and specifications shall be based on the location and class or kind of work to 

be done, and shall, among other considerations, take into account the degree of 

importance to the common defense and security of the Restricted Data to 

which access will be permitted.

g. Whenever the Congress declares that a state of war exists, or in the event 

of a national disaster due to enemy attack, the Commission is authorized 

during the state of war or period of national disaster due to enemy attack to 

employ individuals and to permit individual access to Restricted Data pending 

the investigation report, and determination required by section 145b., to the 

extent that and so long as the Commission finds that such action is required to 

prevent impairment of its activities in furtherance of the common defense and 

security. 181 Added by P.L. 96–295, § 207(a)(1), 94 Stat. 788 (1980).

42 USC 2166.

General 

Provisions.

42 USC 2167.

Regulations.
90 Atomic Energy Act of 1954 (P.L. 83–703)

(B) upon a determination that the unauthorized disclosure of 

such information could reasonably be expected to have a 

significant adverse effect on the health and safety of the public or 

the common defense and security by significantly increasing the 

likelihood of theft, diversion, or sabotage of such material or such 

facility.

Nothing in this Act shall authorize the Commission to prohibit the 

public disclosure of information pertaining to the routes and quantities of 

shipments of source material, by-product material, high level nuclear 

waste, or irradiated nuclear reactor fuel. Any person, whether or not a 

licensee of the Commission, who violates any regulations adopted under 

this section shall be subject to the civil monetary penalties of section 234 

of this Act. Nothing in this section shall be construed to authorize the 

withholding of information from the duly authorized committees of the 

Congress.

b. For the purpose of section 223 of this Act, any regulations or orders 

prescribed or issued by the Commission under this section shall also be 

deemed to be prescribed or issued under section 161b. of this Act.

c. Any determination by the Commission concerning the applicability 

of this section shall be subject to judicial review pursuant to subsection 

(a)(4)(B) of section 552 of title 5 of the United States Code.

d. Upon prescribing or issuing any regulation or order under 

subsection a. of this section, the Commission shall submit to Congress a 

report that:

(1) specifically identifies the type of information the Commission 

intends to protect from disclosure under the regulation or order;

(2) specifically states the Commission’s justification for 

determining that unauthorized disclosure of the information to be 

protected from disclosure under the regulation or order could 

reasonably be expected to have a significant adverse effect on the 

health and safety of the public or the common defense and security by 

significantly increasing the likelihood of theft, diversion, or sabotage 

of such material or such facility, as specified under subsection (a) of 

this section; and

(3) provides justification, including proposed alternative 

regulations or orders, that the regulation or order applies only the 

minimum restrictions needed to protect the health and safety of the 

public or the common defense and security.

e. In addition to the reports required under subsection d. of this 

section, the Commission shall submit to Congress on a quarterly basis a 

report detailing the Commission’s application during that period of every 

regulation or order prescribed or issued under this section. In particular, 

the report shall:182

(1) identify any information protected from disclosure pursuant to 

such regulation or order;

(2) specifically state the Commission’s justification for 

determining that unauthorized disclosure of the information protected 

from disclosure under such regulation or order could reasonably be 

expected to have a significant adverse effect on the health and safety 

of the public or the common defense and security by significantly 

increasing the likelihood of theft, diversion or sabotage of such 

––––––––

182 As a result of P.L. 104–66, § 3003, 109 Stat. 734 (1995), section 147e ceased to be 

effective on December 21, 1999.

42 USC 2282.

42 USC 2273.
Atomic Energy Act of 1954 (P.L. 83–703) 91

material or such facility, a specified under subsection a. of this 

section; and

(3) provide justification that the Commission has applied such 

regulation or order so as to protect from disclosure only the minimum 

amount of information necessary to protect the health and safety of 

the public or the common defense and security.

Sec. 148. Prohibition Against the Dissemination of Certain 

Unclassified Information183

a. (1) In addition to any authority or requirement regarding protection 

from dissemination of information, and subject to section 552(b)(3) of 

title 5, United States Code, the Secretary of Energy (hereinafter in this 

section referred to as the “Secretary” with respect to atomic energy 

defense programs,184) shall prescribe such regulations, after notice and 

opportunity for public comment thereon, or issue such orders as may be 

necessary to prohibit the unauthorized dissemination of unclassified 

information pertaining to–

(A) the design of production facilities or utilization facilities;

(B) security measures (including security plans, procedures, 

and equipment) for the physical protection of (i) production or 

utilization facilities, (ii) nuclear material contained in such 

facilities, or (iii) nuclear material in transit; or

(C) the design, manufacture, or utilization of any atomic

weapon or component if the design, manufacture, or utilization of 

such weapon or component was contained in any information 

declassified or removed from the Restricted Data category by the 

Secretary (or the head of the predecessor agency of the 

Department of Energy) pursuant to section 142.

(2) The Secretary may prescribe regulations or issue orders under 

paragraph (1) to prohibit the dissemination of any information 

described in such paragraph only if and to the extent that the 

Secretary determines that the unauthorized dissemination of such 

information could reasonably be expected to have a significant 

adverse effect on the health and safety of the public or the common 

defense and security by significantly increasing the likelihood of (A) 

illegal production of nuclear weapons, or (B) theft, diversion, or 

sabotage of nuclear materials, equipment, or facilities.

(3) In making a determination under paragraph (2), the Secretary 

may consider what the likelihood of an illegal production, theft, 

diversion, or sabotage referred to in such paragraph would be if the 

information proposed to be prohibited from dissemination under this 

section were at no time available for dissemination.

(4) The Secretary shall exercise his authority under this 

subsection to prohibit the dissemination of any information described 

in subsection a.(1)–

(A) so as to apply the minimum restrictions needed to protect 

the health and safety of the public or the common defense and 

security; and

(B) upon a determination that the unauthorized dissemination 

of such information could reasonably be expected to result in a 

significant adverse effect on the health and safety of the public or 

the common defense and security by significantly increasing the 

––––––––

183 Added by P.L. 97–90, § 210(a)(1), 95 Stat. 1163 (1981). 184 Amended by P.L. 97–415, § 17, 96 Stat. 2067 (1983).

42 USC 2168.

Regulations.

42 USC 2162.
92 Atomic Energy Act of 1954 (P.L. 83–703)

likelihood of (i) illegal production of nuclear weapons, or (ii) 

theft, diversion, or sabotage of nuclear materials, equipment, or 

facilities.

(5) Nothing in this section shall be construed to authorize the 

Secretary to authorize the withholding of information from the 

appropriate committees of the Congress.

b. (1) Any person who violates any regulation or order of the 

Secretary issued under this section with respect to the unauthorized 

dissemination of information shall be subject to a civil penalty, to be 

imposed by the Secretary, of not to exceed $100,000 for each such 

violation. The Secretary may compromise, mitigate, or remit any penalty 

imposed under this subsection.

(2) The provisions of subsections b. and c. of section 234 of this 

Act shall be applicable with respect to the imposition of civil 

penalties by the Secretary under this section in the same manner that 

such provisions are applicable to the imposition of civil penalties by 

the Commission under subsection a. of such section.

c. For the purposes of section 223 of this Act, any regulation 

prescribed or order issued by the Secretary under this section shall also be 

deemed to be prescribed or issued under section 161b. of this Act.

d. Any determination by the Secretary concerning the applicability of 

this section shall be subject to judicial review pursuant to section 

552(a)(4)(B) of title 5, United States Code.

e. The Secretary shall prepare on a quarterly basis a report to be made 

available upon the request of any interested person, detailing the 

Secretary’s application during that period of each regulation or order 

prescribed or issued under this section. In particular, such report shall–

(1) identify any information protected from disclosure pursuant to 

such regulation or order;

(2) specifically state the Secretary’s justification for determining 

that unauthorized dissemination of the information protected from 

disclosure under such regulation or order could reasonably be 

expected to have a significant adverse effect on the health and safety 

of the public or the common defense and security by significantly 

increasing the likelihood of illegal production of nuclear weapons, or 

theft, diversion, or sabotage of nuclear materials, equipment, or 

facilities, as specified under subsection a.; and

(3) provide justification that the Secretary has applied such 

regulation or order so as to protect from disclosure only the minimum 

amount of information necessary to protect the health and safety of 

the public or the common defense and security.185

––––––––

185 Amended by P.L. 97–415, § 17, 96 Stat. 2067 (1983), by adding new subsections “d” 

and “e”.

Penalties.

42 USC 2282.

42 USC 2273.

Judicial review.

Quarterly 

report.
Atomic Energy Act of 1954 (P.L. 83–703) 93

Sec. 149. Fingerprinting for Criminal History Record Checks186

a.(1)(A)(i) The Commission shall require each individual or entity 

described in clause (ii) to fingerprint each individual described in 

subparagraph (B) before the individual described in subparagraph (B) is 

permitted access under subparagraph (B).

(ii) The individuals and entities referred to in clause (i) are 

individuals and entities that, on or before the date on which an 

individual is permitted access under subparagraph (B)–

(I) are licensed or certified to engage in an activity subject 

to regulation by the Commission;

(II) have filed an application for a license or certificate to 

engage in an activity subject to regulation by the Commission; 

or

(III) have notified the Commission in writing of an intent 

to file an application for licensing, certification, permitting, or 

approval of a product or activity subject to regulation by the 

Commission.

(B) The Commission shall require to be fingerprinted any 

individual who–

(i) is permitted unescorted access to–

(I) a utilization facility; or

(II) radioactive material or other property subject to 

regulation by the Commission that the Commission 

determines to be of such significance to the public health 

and safety or the common defense and security as to 

warrant fingerprinting and background checks; or

(ii) is permitted access to safeguards information under section 

147;

(2) All fingerprints obtained by an individual or entity as required 

in paragraph (1) shall be submitted to the Attorney General of the 

United States through the Commission for identification and a 

criminal history records check.

(3) The costs of an identification or records check under paragraph 

(2) shall be paid by the individual or entity required to conduct the 

fingerprinting under paragraph (1)(A).

(4) Notwithstanding any other provision of law–

(A) the Attorney General may provide any result of an 

identification or records check under paragraph (2) to the 

Commission; and

––––––––

186 Added by P.L. 99–399, § 606, 100 Stat. 853 (1986). P.L. 109–58, 119 Stat. 810 

(2005), rewrote subsection (a), which formerly read as follows:

(a) The Nuclear Regulatory Commission (in this section referred to as the 

‘Commission’) shall require each licensee or applicant for a license to operate 

a utilization facility under section 2133 or 2134(b) of this title to fingerprint 

each individual who is permitted unescorted access to the facility or is 

permitted access to safeguards information under section 2167 of this title. All 

fingerprints obtained by a licensee or applicant as required in the preceding 

sentence shall be submitted to the Attorney General of the United States 

through the Commission for identification and a criminal history records 

check. The costs of any identification and records check conducted pursuant to 

the preceding sentence shall be paid by the licensee or applicant. 

Notwithstanding any other provision of law, the Attorney General may 

provide all the results of the search to the Commission, and, in accordance 

with regulations prescribed under this section, the Commission may provide 

such results to the licensee or applicant submitting such fingerprints.

42 USC 2169.

Notification.
94 Atomic Energy Act of 1954 (P.L. 83–703)

(B) the Commission, in accordance with regulations prescribed 

under this section, may provide the results to the individual or 

entity required to conduct the fingerprinting under paragraph 

(1)(A).

b. The Commission, by rule, may relieve persons from the obligations 

imposed by this section, under specified terms, conditions, and periods, if 

the Commission finds that such action is consistent with its obligations to 

promote the common defense and security and to protect the health and 

safety of the public.

c. For purposes of administering this section, the Commission shall 

prescribe, subject to requirements–

(1) to implement procedures for the taking of fingerprints;

(2) to establish the conditions for use of information received from 

the Attorney General, in order–

(A) to limit the redissemination of such information ;

(B) to ensure that such information is used solely for the 

purpose of determining whether an individual shall be permitted 

unescorted access to a utilization facility, radioactive material, or 

other property described in subsection a.(1)(B) or shall be 

permitted access to safeguards information under section 147;

(C) to ensure that no final determination may be made solely 

on the basis of information provided under this section involving–

(i) an arrest more than 1 year old for which there is no 

information of the disposition of the case; or

(ii) an arrest that resulted in dismissal of the charge or an 

acquittal; and

(D) to protect individuals subject to fingerprinting under this 

section from misuse of the criminal history records; and

(3) to provide each individual subject to fingerprinting under this 

section with the right to complete, correct, and explain information 

contained in the criminal history records prior to any final adverse 

determination.

d. The Commission may require a person or individual to conduct 

fingerprinting under subsection a.(1) by authorizing or requiring the use 

of any alternative biometric method for identification that has been 

approved by–

(1) the Attorney General; and

(2) the Commission, by regulation.

e. (1) The Commission may establish and collect fees to process 

fingerprints and criminal history records under this section.

(2) Notwithstanding section 3302(b) of title 31, United States 

Code, and to the extent approved in appropriation Acts–

(A) a portion of the amounts collected under this subsection in 

any fiscal year may be retained and used by the Commission to 

carry out this section; and

(B) the remaining portion of the amounts collected under this 

subsection in such fiscal year may be transferred periodically to 

the Attorney General and used by the Attorney General to carry 

out this section.

(3) Any amount made available for use under paragraph (2) shall 

remain available until expended.

Health and

medical care.

Safety. 

Regulations.

42 USC 2168.
Atomic Energy Act of 1954 (P.L. 83–703) 95

Chapter 13–Patents and Inventions

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

Reports

a.187 No patent shall hereafter be granted for any invention or 

discovery which is useful solely in the utilization of special nuclear 

material or atomic energy in an atomic weapon. Any patent granted for 

any such invention or discovery is hereby revoked, and just 

compensation shall be made therefor.

b. No patent hereafter granted shall confer any rights with respect to 

any invention or discovery to the extent that such invention or discovery 

is used in the utilization of special nuclear material or atomic energy in 

atomic weapons. Any rights conferred by any patent heretofore granted 

for any invention or discovery are hereby revoked to the extent that such 

invention or discovery is so used, and just compensation shall be made 

therefor.

c. Any person who has made or hereafter makes any invention or 

discovery useful in the production or utilization of special nuclear 

material or atomic energy, shall file with the Commission a report 

containing a complete description thereof unless such invention or 

discovery is described in an application for a patent filed with the Under 

Secretary of Commerce for Intellectual Property and Director of the 

United States Patent and Trademark Office188 by such person within the 

time required for the filing of such report. The report covering any such 

invention or discovery shall be filed on or before the one hundred and 

eightieth day after such person first discovers or first has reason to 

believe that such invention or discovery is useful in such production or 

utilization.189

“d. The Under Secretary of Commerce for Intellectual Property and 

Director of the United States Patent and Trademark Office190 shall notify 

the Commission of all applications for patents heretofore or hereafter 

filed which, in his opinion, disclose inventions or discoveries required to 

be reported under subsection 151c., and shall provide the Commission 

access to all such applications.

“e. Reports filed pursuant to subsection c. of this section, and 

application to which access is provided under subsection d. of this 

section, shall be kept in confidence by the Commission, and no 

information concerning the same given without authority of the inventor 

or owner unless necessary to carry out the provisions of any Act of 

––––––––

187 Amended by P.L. 87–206, § 7, 75 Stat. 475 (1961). 188 Amended by by P.L. 106–113, Division B, § 1000(a)(9), 113 Stat 1536 (1999). 189 Amended by P.L. 87–206, § 8, 75 Stat. 475 (1961). Before amendment, section 151c 

read as follows:

c. Any person who has made or hereafter makes any invention or discovery 

useful (1) in the production or utilization of special nuclear material or atomic 

energy; (2) in the utilization of special nuclear material in an atomic weapon; 

or (3) in the utilization of atomic energy in an atomic weapon, shall file with 

the Commission a report containing a complete description thereof unless such 

invention or discovery is described in an application for a patent filed with the 

Commission of Patents by such person within the time required for the filing 

of such report. The report covering any such invention or discovery shall be 

filed on or before whichever of the following is the later either the ninetieth 

day after completion of such invention or discovery; or the ninetieth day after 

such person first discovers or first has reason to believe that such invention or 

discovery is useful in such production or utilization. 190As amended by P.L. 106–113, Division B, § 1000(a)(9), 113 Stat 1536 

(1999).

42 USC 2181.

Inventions relating 

to atomic 

weapons.

Inventions 

reports.
96 Atomic Energy Act of 1954 (P.L. 83–703)

Congress or in such special circumstances as may be determined by the 

Commission.191

Sec. 152. Inventions Made or Conceived During Commission 

Contracts

Any invention or discovery, useful in the production or utilization of 

special nuclear material or atomic energy, made or conceived in the 

course of or under any contract, subcontract, or arrangement entered into 

with or for the benefit of the Commission, regardless of whether the 

contract, subcontract, or arrangement involved the expenditure of funds 

by the Commission, shall be vested in, and be the property of, the 

Commission, except that the Commission may waive its claim to any 

such invention or discovery under such circumstances as the Commission 

may deem appropriate, consistent with the policy of this section. No 

patent for any invention or discovery, useful in the production or 

utilization of special nuclear material or atomic energy, shall be issued 

unless the applicant files with the application, or within thirty days after 

request therefor by the Under Secretary of Commerce for Intellectual 

Property and Director of the United States Patent and Trademark 

Office192 (unless the Commission advises the Under Secretary of 

Commerce for Intellectual Property and Director of the United States 

Patent and Trademark Office that its rights have been determined and that 

accordingly no statement is necessary) a statement under oath setting 

forth the full facts surrounding the making or conception of the invention 

or discovery described in the application and whether the invention or 

discovery was made or conceived in the course of or under any contract, 

subcontract, or arrangement entered into with or for the benefit of the 

Commission, regardless of whether the contract, subcontract, or 

arrangement involved the expenditure of funds by the Commission. The 

Under Secretary of Commerce for Intellectual Property and Director of 

the United States Patent and Trademark Office shall as soon as the 

application is otherwise in condition for allowance193 forward copies of 

the application and the statement to the Commission.

The Under Secretary of Commerce for Intellectual Property and 

Director of the United States Patent and Trademark Office may proceed 

with the application and issue the patent to the applicant (if the invention 

or discovery is otherwise patentable) unless the Commission, within 90 

days after receipt of copies of the application and statement, directs the 

Under Secretary of Commerce for Intellectual Property and Director of 

the United States Patent and Trademark Office to issue the patents to the 

Commission (if the invention or discovery is otherwise patentable) to be 

held by the Commission as the agent of and on behalf of the United 

States.

If the Commission files such a direction with the Under Secretary of 

Commerce for Intellectual Property and Director of the United States 

Patent and Trademark Office, and if the applicant’s statement claims, and 

the applicant still believes, that the invention or discovery was not made 

or conceived in the course of or under any contract, subcontract or 

arrangement entered into with or for the benefit of the Commission 

entitling the Commission to the title to the applicant or the patent the 

applicant may, within 30 days after notification of the filing of such a 

––––––––

191 P.L. 87–206, § 9, 75 Stat. 475 (1961), added subsection e. 192 As amended by P.L. 106–113, Division B, § 1000(a)(9), 113 Stat 1536 (1999). 193 Amended by P.L. 87–615, § 11, 76 Stat. 409 (1962). Prior to amendment, the 

word was “allowances.”

42 USC 2182.

Invention 

conceived 

during 

Commission 

contracts.
Atomic Energy Act of 1954 (P.L. 83–703) 97

direction, request a hearing before the Board of Patents Appeals and 

Interferences. The Board shall have the power to hear and determine 

whether the Commission was entitled to the direction filed with the 

Under Secretary of Commerce for Intellectual Property and Director of 

the United States Patent and Trademark Office. The Board shall follow 

the rules and procedures established for interference cases and an appeal 

may be taken by either the applicant or the Commission from the final 

order of the Board to the United States Court of Appeals for the Federal 

Circuit in accordance with the procedures governing the appeals from 

the Board of Patent Appeals an Interferences.

If the statement filed by the applicant should thereafter be found to 

contain false material statements any notification by the Commission that 

it has no objections to the issuance of a patent to the applicant shall not

be deemed in any respect to constitute a waiver of the provisions of this 

section or of any applicable civil or criminal statute, and the Commission 

may have the title to the patent transferred to the Commission on the 

records of the Under Secretary of Commerce for Intellectual Property and 

Director of the United States Patent and Trademark Office in accordance 

with the provisions of this section. A determination of rights by the 

Commission pursuant to a contractual provision or other arrangement 

prior to the request of the Under Secretary of Commerce for Intellectual 

Property and Director of the United States Patent and Trademark Office 

for the statement, shall be final in the absence of false material statements 

or nondisclosure of material facts by the applicant.194

––––––––

194 Amended by P.L. 87–206, § 10, 75 Stat. 475 (1961), amended section 152. Before 

amendment, this section read as follows:

Sec. 152. Inventions Made or Conceived During Commission Contracts–Any 

invention or discovery, useful in the production or utilization of special 

nuclear material or atomic energy, made or conceived under any contract, 

subcontract, arrangement, or other relationship with the Commission, 

regardless of whether the contract or arrangement involved the expenditure of 

funds by the Commission, shall be deemed to have been made or conceived by 

the Commission, except the Commission may waive its claim to any such 

invention or discovery if made or conceived by any person at or in connection 

with any laboratory under the jurisdiction of the Commission as provided in 

section 33, or under such other circumstances as the Commission may deem 

appropriate. No patent for any invention or discovery, useful in the production 

or utilization of special nuclear material or atomic energy, shall be issued 

unless the applicant files with the application, or within 30 days after request 

therefor by the Under Secretary of Commerce for Intellectual Property and 

Director of the United States Patent and Trademark Office, a statement under 

oath setting forth the full facts surrounding the making or conception of the 

invention or discovery described in the application and whether the invention 

or discovery was made or conceived in the course of, in connection with or 

under the terms of any contract, subcontract, arrangement, or other 

relationship with the Commission, regardless of whether the contract or 

agreement involved the expenditure of funds by the Commission. The Under 

Secretary of Commerce for Intellectual Property and Director of the United 

States Patent and Trademark Office shall forthwith forward copies of the 

application and the statement to the Commission.

The Under Secretary of Commerce for Intellectual Property and Director of 

the United States Patent and Trademark Office may proceed with the 

application and issue the patent to the applicant (if the invention or discovery 

is otherwise patentable) unless the Commission, within 90 days after receipt of 

copies of the application and statement, directs the Under Secretary of 

Commerce for Intellectual Property and Director of the United States Patent 

and Trademark Office to issue the patent to the Commission (if the invention 

or discovery is otherwise patentable) to be held by the Commission as the 

agent of and on behalf of the United States.

If the Commission files such a direction with the Under Secretary of 

Commerce for Intellectual Property and Director of the United States Patent 
98 Atomic Energy Act of 1954 (P.L. 83–703)

Sec. 153. Nonmilitary Utilization

a. The Commission may, after giving the patent owner an 

opportunity for a hearing, declare any patent to be affected with the 

public interest if (1) the invention or discovery covered by the patent is of 

primary importance in the production or utilization of special nuclear 

material or atomic energy; and (2) the licensing of such invention or 

discovery under this section is of primary importance to effectuate the 

policies and purposes of this Act.

b. Whenever any patent has been declared affected with the public 

interest, pursuant to subsection 153a.–

(1) the Commission is hereby licensed to use the invention or 

discovery covered by such patent in performing any of its powers 

under this Act;

(2) any person may apply to the Commission for a nonexclusive 

patent license to use the intervention or discovery covered by such 

patent, and the Commission shall grant such patent license to the 

extent that it finds that the use of the invention or discovery is of 

primary importance to the conduct of an activity by such person 

authorized under this Act.

c. Any person–

(1) who has made application to the Commission for a license 

under section 53, 62, 63, 81, 103, or 104, or a permit or lease under 

section 67;

(2) to whom such license, permit, or lease has been issued by the 

Commission;

(3) who is authorized to conduct such activities as such applicant 

is conducting or proposed to conduct under a general license issued 

by the Commission under section 62 or 81; or

(4) whose activities or proposed activities are authorized under 

section 31, may at any time make application to the Commission for a 

patent license for the use of an invention or discovery useful in the 

production or utilization of special nuclear material or atomic energy 

covered by a patent. Each such application shall set forth the nature 

and purpose of the use which the applicant intends to make of the 

 and Trademark Office, and if the applicant’s statement claims, and the 

applicant still believes, that the invention or discovery was not made or 

conceived in the course of, in connection with, or under the terms of any 

contract, subcontract, arrangement, or other relationship with the Commission 

entitling the Commission to take title to the application or the patent the 

applicant may, within 30 days after notification of the filing of such a 

direction, request a hearing before a Board of Patents Interferences. The 

Boards shall have the power to hear and determine whether the Commission 

was entitled to the direction filed with the Under Secretary of Commerce for 

Intellectual Property and Director of the United States Patent and Trademark 

Office. The Board shall follow the rules and procedures established for 

interference cases and procedures established an appeal may be taken by either 

the applicant or the Commission from the final order of the Board to the Court 

of Customs and Patent Appeals in accordance with the procedures governing 

the appeals from the Board of Patent Interferences (amended by P.L. 97–164 

and P.L. 98–622).

If the statement filed by the applicant should thereafter be found to contain 

false material statements any notification by the Commission that it has no 

objections to the issuance of a patent to the applicant shall not be deemed in 

any respect to constitute a waiver of the provisions of this section or of any 

applicable civil or criminal statute, and the Commission may have the title to 

the patent transferred to the Commission on the records of the Under Secretary 

of Commerce for Intellectual Property and Director of the United States Patent 

and Trademark Office in accordance with the provisions of this section.

42 USC 2183.

Nonmilitary 

utilization.
Atomic Energy Act of 1954 (P.L. 83–703) 99

patent license, the steps taken by the applicant to obtain a patent 

license from the owner of the patent, and a statement of the effects, as 

estimated by the applicant, on the authorized activities which will 

result from failure to obtain such patent license and which will result 

from the granting of such patent license.

d. Whenever any person has made an application to the Commission 

for a patent license pursuant to subsection 153c.–

(1) the Commission, within 30 days after the filing of such 

application, shall make available to the owner of the patent all of the 

information contained in such application, and shall notify the owner 

of the patent of the time and place at which a hearing will be held by 

the Commission;

(2) the Commission shall hold a hearing within 60 days after the 

filing of such application at a time and place designated by the 

Commission; and

(3) in the event an applicant applies for two or more patent 

licenses, the Commission may, in it discretion, order the consolidation 

of such applications, and if the patents are owned by more than one 

owner, such owners may be made parties to one hearing.

e. If, after any hearing conducted pursuant to subsection 153d, the 

Commission finds that–

(1) the invention or discovery covered by the patent is of primary 

importance in the production or utilization of special nuclear material 

atomic energy;

(2) the licensing of such invention or discovery is of primary 

importance to the conduct of the activities of the applicant;

(3) the activities to which the patent license are proposed to be 

applied by such applicant are of primary importance to the 

furtherance of policies and purposes of this Act; and

(4) such applicant cannot otherwise obtain a patent license from 

the owner of the patent on terms which the Commission deems to be 

reasonable for the intended use of the patent to be made by such 

applicant, the Commission shall license the applicant to use the 

invention or discovery covered by the patent for the purposes stated in 

such application on terms deemed equitable by the Commission and 

generally not less fair than those granted by the patents or by the 

Commission to similar licensees for comparable use.

f. The Commission shall not grant any patent license pursuant to 

subsection 153e. for any other purpose than that stated in the application. 

Nor shall the Commission grant any patent license to any other applicant 

for a patent license on the same patent without an application being made 

by such applicant pursuant to subsection 153c., and without separate 

notification and hearing as provided in subsection 153d., and without a 

separate finding as provided in subsection 153e.

g. The owner of the patent affected by a declaration or a finding made 

by the Commission pursuant to subsection 153b. or 153e. shall be entitled 

to a reasonable royalty fee from the licensee for any use of an invention 

or discovery licensed by the section. Such royalty fee may be agreed 

upon by such owner and the patent licensee, or in the absence of such 

agreement shall be determined for each patent license by the Commission 

pursuant to subsection 157c.
100 Atomic Energy Act of 1954 (P.L. 83–703)

h. The provisions of this section shall apply to any patent the 

application for which shall have been filed before September 1, 1979.195

Sec. 154. Injunctions

No court shall have jurisdiction or power to stay, restrain, or 

otherwise enjoin the use of any invention or discovery by a patent 

licensee, to the extent that such use is licensed by subsection 153b. or 

153e. If, in any action against such patent licensee, the court shall 

determine that the defendant is exercising such license, the measure of 

damages shall be the royalty fee determined pursuant to subsection 157c. 

If any such patent licensee shall fail to pay such royalty fee, the patentee 

may bring an action in any court of competent jurisdiction for such 

royalty fee, together with such costs, interest, and reasonable attorney’s 

fees as may be fixed by the court.

Sec. 155. Prior Art

In connection with applications for patents covered by this chapter, 

the fact that the invention or discovery was known or used before shall be 

a bar to the patenting of such invention or discovery even though such 

prior knowledge or use was under secrecy within the atomic energy 

program of the United States.

Sec. 156. Commission Patent Licenses

The Commission shall establish standards specifications upon which 

it may grant a patent license to use any patent196 declared to be affected 

with the public interest pursuant to subsection 153a. Such a patent license 

shall not waive any of the other provisions of this Act.

Sec. 157. Compensation, Awards, and Royalties

a. Patent Compensation Board.–The Commission shall designate a 

patent Compensation Board to consider applications under this section. 

The members of the Board shall receive a per diem compensation for 

each day spent in meetings or conferences, and all members shall receive 

their necessary traveling or other expenses while engaged in the work of 

the Board. The members of the Board may serve as such without regard 

to the provisions of section 281, 283, or 284 of title 18197 of the United 

States Code, except in so far as such sections may prohibit any such 

member from receiving compensation in respect of any particular matter 

which directly involves the Commission or in which the Commission is 

directly interested.

b. Eligibility.–

(1) Any owner of a patent licensed under section 158 or 

subsection 153b. or 153e., or any patent licensed thereunder may 

make application to the Commission for the determination of a 

reasonable royalty fee in accordance with such procedures as the 

Commission by regulation may establish.

(2) Any person seeking to obtain the just compensation provided 

in section 151 shall make application therefor to the Commission in 

accordance with such procedures as the Commission may by 

regulation establish.

(3) Any person making any invention or discovery useful in the 

production or utilization of special nuclear material or atomic energy, 

who is not entitled to compensation or a royalty therefor under this 

Act and who has complied with the provisions of section 151c. hereof 

––––––––

195 Amended by P.L. 86–50, § 114, 73 Stat. 81 (1959); P.L. 91–161, § 1,83 Stat. 444 

(1969); P.L. 93–377, § 6, 88 Stat. 475 (1974). 196 Amended by P.L. 96–517, § 7(a), 94 Stat. 3027 (1980). 197 These sections have been repealed.

42 USC 2184.

Injunctions.

42 USC 2185.

Prior art.

42 USC 2186.

Commission 

patent licenses.

42 USC 2187.

Compensation, 

awards, and 

royalties.

Eligibility.
Atomic Energy Act of 1954 (P.L. 83–703) 101

may make application to the Commission for, and the Commission 

may grant, an award. The Commission may also, after consultation 

with198 the General Advisory Committee, and with the approval of the 

President, grant an award for any especially meritorious contribution 

to the development, use, or control of atomic energy.

c. Standards.–

(1) In determining a reasonable royalty fee as provided for in 

subsection 153b., or 153e., the Commission shall take into 

consideration (A) the advice of the Patent Compensation Board; (B) 

any defense, general or special, that might be pleaded by a defendant 

in an action for infringement; (C) the extent to which, if any, such 

patent was developed through federally financed research; and (D) the 

degree of utility, novelty, and importance of the invention or 

discovery, and, may consider the cost to the owner of the patent of 

developing such invention or discovery or acquiring such patent.

(2) In determining what constitutes just compensation as provided 

for in section 151, or in determining the amount of any award under 

subsection 157b.(3), the Commission shall take into account the 

considerations set forth in subsection 157c.(1) and the actual use of 

such invention or discovery. Such compensation may be paid by the 

Commission in periodic payments or in a lump sum.

d. Period of Limitations.–Every application under this section shall be 

barred unless filed within six years after the date on which first accrues 

the right of such reasonable royalty fee, just compensation, or award for 

which such application is filed.199

Sec. 158. Monopolistic Use of Patents

Whenever the owner of any patent hereafter granter for any invention 

or discovery or primary use in the utilization or production of special 

nuclear material or atomic energy is found by a court of competent 

jurisdiction to have intentionally used such patent in a manner so as to 

violate any of the antitrust laws specified in subsection 105a., there may 

be included in the judgement of the court, in its discretion and in addition 

to any other lawful sanction, a requirement that such owner license such 

patent to any other licensee of the Commission who demonstrates a need 

therefor. If the court, at its discretion, deems that such licensee shall pay a 

reasonable royalty to the owner of the patent, the reasonable royalty shall 

be determined in accordance with section 157.200

Sec. 159. Federally Financed Research

Nothing in this Act shall affect the right of the Commission to require 

the patents granted on inventions made or conceived during the course of 

federally financed research or operations, be assigned to the United 

States.

Sec. 160. Saving Clause

Any patent application on which a patent was denied by the United 

States Patent Office under section 11(a)(1), 11(a)(2), or 11(b) of the 

Atomic Energy Act of 1946,201 and which is not prohibited by section 

151 or section 155 of this Act may be reinstated upon application to the 

Under Secretary of Commerce for Intellectual Property and Director of 

the United States Patent and Trademark Office within one year after 

enactment of this Act and shall then be deemed to have been 

––––––––

198 Amended by P.L. 93–276, § 201, 88 Stat. 115 (1974).. 199 Subsection d. added by P.L. 87–206, § 11, 75 Stat. 475 (1961). 200 Amended by P.L. 87–206 § 12, 75 Stat. 475 (1961). 201 See Atomic Energy Act of 1946, Appendix 4, section 11.

Standards.

42 USC 2188.

Monopolistic 

use of patents.

42 USC 2189.

Federally 

financed 

research.

42 USC 2190.

Saving clause.
102 Atomic Energy Act of 1954 (P.L. 83–703)

continuously pending since its original filing date: Provided, however,

That no patent issued upon any patent application so reinstated shall in 

any way furnish a basis of claim against the Government of the United 

States.

Chapter 14–General Authority

Sec. 161. General Provisions

In the performance of its functions the Commission is authorized to–

a. establish advisory boards to advise with and make 

recommendations to the Commission on legislation, policies, 

administration, research, and other matters, provided that the 

Commission issues regulations setting forth the scope, procedure, and 

limitation of the authority of each such board;

b. establish by rule, regulation, or order, such standards and 

instructions to govern the possession and use of special nuclear material, 

source material, and byproduct material as the Commission may deem 

necessary or desirable to promote the common defense and security or to 

protect health or to minimize danger to life or property; in addition, the 

Commission shall prescribe such regulations or orders as may be 

necessary or desirable to promote the Nation’s common defense and 

security with regard to control, ownership, or possession of any 

equipment or device, or important component part especially designed for 

such equipment or device, capable of separating the isotopes of uranium 

or enriching uranium in the isotope 235;202

c. make such studies and investigations, obtain such information, and 

hold such meetings or hearings as the Commission may deem necessary 

or proper to assist it in exercising any authority provided in this Act, or in 

the administration or enforcement of this Act, or any regulations or orders 

issued thereunder. For such purposes the Commission is authorized to 

administer oaths and affirmations, and by subpoena to require any person 

to appear and testify or appear and produce documents, or both, at any 

designated place. Witnesses subpoenaed under this subsection shall be

paid the same fees and mileage as are paid witnesses in the district courts 

of the United States;203

d. Appoint and fix the compensation of such officers and employees 

as may be necessary to carry out the functions of the Commission. Such 

officers and employees shall be appointed in accordance with the civilservice laws and their compensation fixed in accordance with the 

Classification Act of 1949, as amended, except that, to the extent the 

Commission deems such action necessary to the discharge of its 

responsibilities, personnel may be employed and their compensation 

fixed without regard to such laws: Provided, however, That no officer or 

employee (except such officers and employees whose compensation is 

fixed by law, and scientific and technical personnel up to a limit of the 

highest rate of grade 18 of the General Schedule of the Classification Act 

––––––––

202 Amended by P.L. 101–575, 104 Stat. 2835 (1990). 203 Amended by P.L. 91–452, § 237, 84 Stat. 922 (1970), which deleted the following 

sentence from subsection 161c:

No person shall be excused from complying with any requirements under this 

paragraph because of his privilege against self–incrimination, but the 

immunity provisions of the Compulsory Testimony Act of February 11, 1893, 

shall apply with respect to any individual who specifically claims such 

privilege.

42 USC 2201.

General 

provisions.

5 USC 5101.
Atomic Energy Act of 1954 (P.L. 83–703) 103

of 1949, as amended)204 whose position would be subject to the 

Classification Act of 1949, as amended, if such Act were applicable to 

such position, shall be paid a salary at a rate in excess of the rate payable 

under such Act for positions of equivalent difficulty or responsibility. 

Such rates of compensation may be adopted by the Commission as may 

be authorized by the Classification Act of 1949, as amended, as of the

same date such rates are authorized for positions subject to such Act.205 

The Commission shall make adequate provision for administrative review 

of any determination to dismiss any employee;

e. Acquire such material, property, equipment, and facilities, establish 

or construct such buildings and facilities, and modify such buildings and 

facilities from time to time, as it may deem necessary, and construct, 

acquire, provide, or arrange for such facilities and services (at project 

sites where such facilities and services are not available) for the housing, 

health, safety, welfare, and recreation of personnel employed by the 

Commission as it may deem necessary, subject to the provisions of 

section 174: Provided, however, That in the communities owned by the 

Commission, the Commission is authorized to grant privileges, leases and 

permits upon adjusted terms which (at the time of the initial grant of any 

privilege, grant, lease, or permit, or renewal thereof, or in order to avoid 

inequities or undue hardship prior to the sale by the United States of 

property affected by such grant)206 are fair and reasonable to responsible 

persons to operate commercial businesses without advertising and 

without advertising (sic) and without securing competitive bids, but 

taking into consideration, in addition to the price, and among other things 

(1) the quality and type of services required by the residents of the 

community, (2) the experience of each concession applicant in the 

community and its surrounding area, (3) the ability of the concession 

applicant to meet the needs of the community, and (4) the contribution 

the concession applicant has made or will make to the other activities and 

general welfare of the community;207

f. with the consent of the agency concerned, utilize or employ the 

services or personnel of any Government agency or any State or local 

government, or voluntary or uncompensated personnel, to perform such 

functions on its behalf as may appear desirable;

g. Acquire, purchase, lease, and hold real and personal property, 

including patents, as agent of and on behalf of the United States,208

subject to the provisions of section 174, and to sell, lease, grant, and 

dispose of such real and personal property as provided in this Act;

h. consider in a single application one or more of the activities for 

which a license is required by this Act, combine in a single license one or 

more of such activities, and permit the applicant or licensee to 

––––––––

204 Amended by P.L. 87–793, § 1001(g), 76 Stat. 832 (1962), which added the words “up 

to a limit of the highest rate of grade 18 of the General Schedule of the Classification Act of 

1949, as amended.” Prior to this amendment, a limitation of $19,000 had been imposed by 

P.L. 85–287, § 4, 71 Stat. 612 (1957). 205 Amended by P.L. 85–681, 72 Stat. 633 (1958). 206 Amended by P.L. 85–162 § 201, 71 Stat. 403 (1957), which added the clause:

(at the time of the initial grant of any privilege grant, lease, or permit, or 

renewal thereof, or in order to avoid inequalities or undue hardship prior to the 

sale by the United States of property affected by such grant.) 207 Amended by P.L. 84–722, 70 Stat. 553 (1956). 208 The text of Executive Order 9816, providing for the transfer of properties and 

personnel of the Manhattan Engineer District to the Atomic Energy Commission on 

January 1, 1947, will be found in Appendix 8.
104 Atomic Energy Act of 1954 (P.L. 83–703)

incorporate by reference pertinent information already filed with the 

Commission;

i. prescribe such regulations or order as it may deem necessary 

(1) to protect Restricted Data received by any person in 

connection with any activity authorized pursuant to this Act,

(2) to guard against the loss or diversion of any special nuclear 

material acquired by any person pursuant to section 53 or produced 

by any person in connection with any activity authorized pursuant to 

this Act, to prevent any use or disposition thereof which the 

Commission may determine to be inimical to the common defense 

and security, including regulations or orders designating activities, 

involving quantities of special nuclear material which in the opinion 

of the Commission are important to the common defense and security, 

that may be conducted only by persons whose character, associations, 

and loyalty shall have been investigated under standards and 

specifications established by the Commission and as to whom the 

Commission shall have determined that permitting each such person 

to conduct the activity will not be inimical to the common defense 

and security,209

(3) to govern any activity authorized pursuant to this chapter, 

including standards and restrictions governing the design, location, 

and operation of facilities used in the conduct of such activity, in 

order to protect health and to minimize danger to life or property; and

(4) to ensure that sufficient funds will be available for the 

decommissioning of any production or utilization facility licensed 

under section 103 or 104b., including standards and restrictions 

governing the control, maintenance, use, and disbursement by any 

former licensee under this Act that has control over any fund for the 

decommissioning of the facility,210

j. without regard to the provisions of the Federal Property and 

Administrative Services Act of 1949, as amended, except section 207 of 

that Act, or any other law, make such disposition as it may deem 

desirable of (1) radioactive materials, and (2) any other property, the 

special disposition of which is, in the opinion of the Commission, in the 

interest of the national security: Provided, however, That the property 

furnished to licensees in accordance with the provisions of subsection 

161m. shall not be deemed to be properly disposed of by the commission 

pursuant to this subsection;

k. Authorize such of its members, officers, and employees as it deems 

necessary in the interest of the common defense and security to carry 

firearms while in the discharge of their official duties. The Commission 

may also authorize such of those employees of its contractors and 

subcontractors (at any tier) engaged in the protection of property under 

the jurisdiction of the United States located at facilities owned by or 

contracted to the United States or being transported to or from such 

facilities as it deems necessary in the interests of the common defense 

and security to carry firearms while in the discharge of their official 

duties. A person authorized to carry firearms under this subsection may, 

while in the performance of, and in connection with, official duties, make 

arrests without warrant for any offense against the United States 

committed in that person’s presence or for any felony cognizable under 

––––––––

209 Amended by P.L. 93–377, §7, 88 Stat. 475 (1974). 210 Amended by P.L. 109–58, § 626, 119 Stat. 784 (2005).

40 USC 471.

40 USC 488 

note.

42 USC 2201(K).
Atomic Energy Act of 1954 (P.L. 83–703) 105

the laws of the United States if that person has reasonable grounds to 

believe that the individual to be arrested has committed or is committing 

such felony. An employee of a contractor or subcontractor authorized to 

carry firearms under this subsection may make such arrests only when the 

individual to be arrested is within, or in direct flight from, the area of 

such offense. A person granted authority to make arrests by this 

subsection may exercise that authority only in the enforcement of (1) 

laws regarding the property of the United States in the custody of the 

Department of Energy, the Nuclear Regulatory Commission, or a 

contractor of the Department of Energy or Nuclear Regulatory 

Commission, or (2) any provision of this Act that may subject an 

offender to a fine, imprisonment, or both. The arrest authority conferred 

by this subsection is in addition to any arrest authority under other laws. 

The Secretary, with the approval of the Attorney General, shall issue 

guidelines to implement this subsection;211

m.212 enter into agreements with persons licensed under section 103, 

104, 53a.(4), or 63a.(4)213 for such periods of time as the Commission 

may deem necessary or desirable (1) to provide for the processing, 

fabricating, separating, or refining in facilities owned by the Commission 

of source, byproduct, or other material or special nuclear material owned 

by or made available to such licensees and which is utilized or produced 

in the conduct of the licensed activity, and (2) to sell, lease, or otherwise 

make available to such licensees such quantities of source or byproduct 

material, and other material not defined as special nuclear material 

pursuant to this Act, as may be necessary for the conduct of the licensed 

activities; Provided, however, That any such agreement may be canceled 

by the licensee at any time upon payment of such reasonable cancellation 

charges as may be agreed upon by the licensee and the Commission: and

provided, further, That the Commission shall establish prices to be paid 

by licensees for material or services to be furnished by the Commission 

pursuant to this subsection, which prices shall be established on such a 

nondiscriminatory basis as, in the opinion of the Commission, will 

provide reasonable compensation to the Government for such material or 

services and will not discourage the development of sources of supply 

independent of the Commission;

n.214 delegate to the General Manager or other officers of the 

Commission any of those functions assigned to it under this Act except 

––––––––

211 Amended by P.L. 99–661, 100 Stat. 4064 (1986); P.L. 97–90, § 211, 95 Stat. 1163 

(1981).

212 Amended by P.L. 87–456, § 303(c), 76 Stat. 72 (1962), the Tariff Classification Act of 

1962, repealed § 161 l, effective on the 10th day following a Presidential proclamation 

concerning tariff schedules, import restrictions, and related matters. This proclamation was 

issued on August 21, 1963 (3 CFR, Proclamation 3548). Section 161 l. read as follows:

l. Secure the admittance free of duty into the United States of purchases made 

abroad of source materials, upon certification to the Security of the Treasury 

that such entry is necessary in the interest of the common defense and security. 213 Amended by P.L. 86–300, § 1, 73 Stat. 574 (1959). 214 Amended by P.L. 85–507, § 21, 72 Stat. 327 (1958), which repealed former 

subsection 161n and relettered subsequent subsections accordingly.

Previously, subsection 161 n. read as follows:

n. Assign scientific, technical, professional, and administrative employees for 

instruction, education, or training by public or private agencies, institutions of 

learning, laboratories, or industrial or commercial organizations and to pay the 

whole or any part of the salaries of such employees, costs of their 

transportation and per diem in lieu of subsistence in accordance with 

applicable laws and regulation, and training charges incident to their 

assignments (including tuition and other related fees): Provided, however, 
106 Atomic Energy Act of 1954 (P.L. 83–703)

those specified in sections 51, 57b.,215 61,216 108, 123, 145b. (with 

respect to the determination of those persons to whom the Commission 

may reveal Restricted Data in the national interest), 145f.,217 and 161a.;

o. require by rule, regulation, or order, such reports, and the keeping 

of such records with respect to, and to provide for such inspections of, 

activities and studies of types specified in section 31 and of activities 

under licenses issued pursuant to sections 53, 63, 81, 103, and 104, as 

may be necessary to effectuate the purposes of this Act, including section 

105; and

p. make, promulgate, issue, rescind, and amend such rules and 

regulations as may be necessary to carry out the purposes of this Act.

q. The Commission is empowered, under such terms and conditions 

as are deemed advisable by it, to grant easements for rights-of-way over, 

across, in, and upon acquired lands under its jurisdiction and control, and 

public lands permanently withdrawn or reserved for the use of the 

Commission, to any State, political subdivision thereof, or municipality, 

or to any individual, partnership, or corporation of any State, Territory, or 

possession of the United States, for (a) railroad tracks; (b) oil pipe lines; 

(c) substations for electric power transmission lines, telephone lines, and 

telegraph lines, and pumping stations for gas, water, sewer, and oil pipe 

lines; (d) canals; (e) ditches; (f) flumes; (g) tunnels; (h) dams and 

reservoirs in connection with fish and wildlife programs, fish hatcheries, 

and other fish-cultural improvements; (i) roads and street; and (j) for any 

other purpose or purposes deemed advisable by the Commission: 

Provided, That such rights-of-way shall be granted only upon a finding 

by the Commission that the same will not be incompatible with the public 

interest: Provided further, That such rights-of-way shall not include any 

more land than is reasonably necessary for the purpose for which granted:

and provided further, That all or any part of such right-of-way may be 

annulled and forfeited by the Commission for failure to comply with the 

terms and conditions of any grant hereunder or for nonuse for a period of 

two consecutive years or abandonment of rights granted under authority 

hereof. Copies of all instruments granting easements over public lands 

pursuant to this section shall be furnished to the Secretary of the 

Interior.218

r. Under such regulations and for such periods and at such prices the 

Commission may prescribe, the Commission may sell or contract to sell

to purchasers within Commission-owned communities or in the 

immediate vicinity of the Commission community, as the case may be, 

any of the following utilities and related services, if it is determined that 

they are not available from another local source and that the sale is in the 

interest of the national defense or in the public interest:

(1) Electric power.

(2) Steam.

 That (1) not more than one per centrum of the eligible employees shall be so 

assigned during any fiscal year, and (2) any such assignment shall be approved 

in advance by the Commission or shall be in accordance with a training 

program previously approved by the Commission: And provided further, That 

appropriations or other funds available to the Commission for salaries or 

expenses shall be available for the purposes of this subsection. 215 Amended by P.L. 90–190, § 11, 81 Stat. 575 (1967). 216 Amended by P.L. 91–560, § 7, 84 Stat. 1472 (1970), amended subsection 161n by 

striking out at this point the following: “102 (with respect to the finding of practical value).”

217 Amended by P.L. 87–615, § 12, 76 Stat. 409 (1962). 218 Amended by P.L. 84–1006, § 4, 70 Stat. 1069, which added subsection q (originally 

subsection r).

Easements for 

rights-of-way.
Atomic Energy Act of 1954 (P.L. 83–703) 107

(3) Compressed air.

(4) Water.

(5) Sewage and garbage disposal.

(6) Natural, manufactured, or mixed gas.

(7) Ice.

(8) Mechanical refrigeration.

(9) Telephone service.

Proceeds of sales under this subsection shall be credited to the 

appropriation currently available for the supply of that utility or service. 

To meet local needs the Commission may make minor expansions and 

extensions of any distributing system or facility within or in the 

immediate vicinity of a Commission-owned community through which a 

utility or service is furnished under this subsection.219

s. establish a plan for a succession of authority which will assure the 

community of direction of the Commission’s operations in the event of a 

national disaster due to enemy activity. Notwithstanding any other 

provision of this Act, the person or persons succeeding to command in 

the event of disaster in accordance with the plan established pursuant to 

this subsection shall be vested with all of the authority of the 

Commission: Provided, That any such succession to authority, and 

vesting of authority shall be effective only in the event and as long as a 

quorum of three or more members of the Commission is unable to 

convene and exercise direction during the disaster period: Provided 

further, That the disaster period includes the period when attack on the 

United States is imminent and the post-attack period necessary to 

reestablish normal lines of command;220

t. enter into contracts for the processing, fabricating, separating, or 

refining in facilities owned by the Commission of source, byproduct or 

other material, or special nuclear material, in accordance with and within 

the period of an agreement for cooperation while comparable services are 

available to persons licensed under section 103 or 104: Provided, That 

the prices for services under such contracts shall be no less than the 

prices currently charged by the Commission pursuant to section 161m.;

u. (1) enter into contracts for such periods of time as the Commission 

may deem necessary or desirable, but not to exceed five years from the 

date of execution of the contract, for the purchase or acquisition of 

reactor services or services related to or required by the operation of 

reactors;

(2) (A) enter into contracts for such periods of time as the 

Commission may deem necessary or desirable for the purchase or 

acquisition of any supplies, equipment, materials, or services required 

by the Commission whenever the Commission determines that: (i) it 

is advantageous to the Government to make such purchase or 

acquisition from commercial sources; (ii) the furnishing of such 

supplies, equipment, materials, or services will require the 

construction or acquisition of special facilities by the vendors or 

supplies thereof; (iii) the amortization chargeable to the Commission 

constitutes an appreciable portion of the cost of contract performance, 

excluding cost of materials; and (iv) the contract for such period is 

––––––––

219 Amended by P.L. 85–162, § 204, 71 Stat. 410 (1957), added subsection r (originally 

subsection s). 220 Amended by P.L. 85–681 § 7, 72 Stat. 632 (1958), amended section 161 by adding 

new subsections t, u, and v. P.L. 87–206, § 13, 75 Stat. 475 ( 1961), changed the 

designation of subsections t, u, and v to subsections s, t, and u, respectively.

Succession of 

authority.

Processing

contracts.

Long term 

contract 

authority.
108 Atomic Energy Act of 1954 (P.L. 83–703)

more advantageous to the Government than a similar contract not 

executed under the authority of this subsection. Such contracts shall 

be entered into for periods not to exceed five years each from the date 

of initial delivery of such supplies, equipment, materials, or services 

or ten years from the date of execution of the contracts excluding 

periods of renewal under option.

(B) In entering into such contracts the Commission shall be 

guided by the following principles: (i) the percentage of the total 

cost of special facilities devoted to contract performance and 

chargeable to the Commission should not exceed the ratio 

between the period of contract deliveries and the anticipated 

useful life of such special facilities; (ii) the desirability of 

obtaining options to renew the contract for reasonable periods at 

prices not to include charges for special facilities already 

amortized; and (iii) the desirability of reserving in the 

Commission the right to take title to the special facilities under 

appropriate circumstances; and

(3) include in contracts made under this subsection provisions 

which limit the obligation of funds to estimated annual deliveries and 

services and the unamortized balance of such amounts due for special 

facilities as the parties shall agree is chargeable to the performance of 

the contract. Any appropriation available at the time of termination or 

thereafter made available to the Commission for operating expenses 

shall be available for payment of such costs which may arise from 

termination as the contract may provide. The term “special facilities” 

as used in this subsection means any land and any depreciable 

buildings, structures, utilities, machinery, equipment, and fixtures 

necessary for the production or furnishing of such supplies, 

equipment, materials, and services and not available to the vendors or 

suppliers for the performance of the contract.221

v. provide services in support of the United States Enrichment 

Corporation, except that the Secretary of Energy shall annually collect 

payments and other charges from the Corporation sufficient to ensure 

recovery of the costs (excluding depreciation and imputed interest on 

original plant investments in the Department’s gaseous diffusion plants 

and costs under section 1403(d)) incurred by the Department of Energy 

after the date of the enactment of the Energy Policy Act of 1992 in 

performing such services;.222

w. prescribe and collect from any other Government agency, which 

applies to the Commission for, or is issued by the Commission, a license 

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

accordance with the provisions of section 9701 of Title 31 or any other 

law.223

––––––––

221 Amended by P.L. 86–300, § 1, 73 Stat. 574 (1959). 222 Added by P.L. 88–489, § 16, 78 Stat. 602 (1964). Amended by P.L. 102–486, 106 

Stat. 2944 (1992).

223 Added by P.L. 92–314, § 301, 86 Stat. 222 (1972). Amended by P.L. 102–486, 106 

Stat. 2944 (1992). P.L. 109–58, § 623, 119 Stat. 783 (2005), rewrote subsection (w), which 

formerly read as follows: 

w. prescribe and collect from any other Government agency, which applies 

for or is issued a license for a utilization facility designed to produce electrical 

or heat energy pursuant to section 103 or 104b., including standards and 

restrictions governing the control, maintenance, use, and disbursement by any 

former licensee under this chapter that has control over any fund for the 

decommissioning of the facility.

Contract 

authority.
Atomic Energy Act of 1954 (P.L. 83–703) 109

x. Establish by rule, regulation, or order, after public notice, and in 

accordance with the requirements of section 181 of this Act, such 

standards and instructions as the Commission may deem necessary or 

desirable to ensure–

(1) that an adequate bond, surety, or other financial arrangement 

(as determined by the Commission) will be provided, before 

termination of any license for byproduct materials as defined in 

section 11e.(2), by a licensee to permit the completion of all 

requirements established by the Commission for the decontamination, 

decommissioning, and reclamation of sites, structures, and equipment 

used in conjunction with byproduct material as so defined, and

(2) that–

(A) in the case of any such license issued or renewed after the date of 

the enactment of this subsection, the need for long-term maintenance and 

monitoring of such sites, structures and equipment after termination of 

such license will be minimized and, to the maximum extent practicable, 

eliminated; and

(B) in the case of each license for such material (whether in effect on 

the date of the enactment of this section or issued or renewed thereafter), 

if the Commission determines that any such long-term maintenance and 

monitoring is necessary, the licensee, before termination of any license 

for byproduct material as defined in section 11e.(2), will make available 

such bonding, surety, or other financial arrangements as may be 

necessary to assure such long-term maintenance and monitoring.

Such standards and instructions promulgated by the Commission 

pursuant to this subsection shall take into account, as determined by the 

Commission, so as to avoid unnecessary duplication and expense, 

performance bonds or other financial arrangements which are required by 

other Federal agencies or State agencies and/or other local governing 

bodies for such decommissioning, decontamination, and reclamation and 

long-term maintenance and monitoring except that nothing in this 

paragraph shall be construed to require that the Commission accept such 

bonds or arrangements if the Commission determines that such bonds or 

arrangements are not adequate to carry out subparagraphs (1) and (2) of 

this subsection.224

Sec. 161A. Use of Firearms by Security Personnel225

a. DEFINITIONS–In this section, the terms ‛handgun’, ‛rifle’, 

‛shotgun’, ‛firearm’, ‛ammunition’, ‛machine gun’, ‛short-barreled 

shotgun’, and ‛short-barreled rifle’ have the meanings given the terms in 

section 921(a) of title 18, United States Code.

b. AUTHORIZATION–Notwithstanding subsections (a)(4), (a)(5), 

(b)(2), (b)(4), and (o) of section 922 of title 18, United States Code, 

section 925(d)(3) of title 18, United States Code, section 5844 of the 

Internal Revenue Code of 1986, and any law (including regulations) of a 

State or a political subdivision of a State that prohibits the transfer, 

receipt, possession, transportation, importation, or use of a handgun, a 

rifle, a shotgun, a short-barreled shotgun, a short-barreled rifle, a 

machinegun, a semiautomatic assault weapon, ammunition for any such 

gun or weapon, or a large capacity ammunition feeding device, in 

carrying out the duties of the Commission, the Commission may 

authorize the security personnel of any licensee or certificate holder of 

––––––––

224 Subsection x. added by P.L. 95–604, § 203, 92 Stat. 3036 (1978). 225 Added by P.L. 109–58, Title VI, § 653, 119 Stat. 811 (2005).

42 USC 2231.

42 USC 2014.

42 USC 2201a.
110 Atomic Energy Act of 1954 (P.L. 83–703)

the Commission (including an employee of a contractor of such a 

licensee or certificate holder) to transfer, receive, possess, transport, 

import, and use 1 or more such guns, weapons, ammunition, or devices, if 

the Commission determines that–

(1) the authorization is necessary to the discharge of the official 

duties of the security personnel; and

(2) the security personnel–

(A) are not otherwise prohibited from possessing or 

receiving a firearm under Federal or State laws relating to 

possession of firearms by a certain category of persons;

(B) have successfully completed any requirement under 

this section for training in the use of firearms and tactical 

maneuvers;

(C) are engaged in the protection of–

(i) a facility owned or operated by a licensee or 

certificate holder of the Commission that is designated 

by the Commission; or

(ii) radioactive material or other property owned or 

possessed by a licensee or certificate holder of the 

Commission, or that is being transported to or from a 

facility owned or operated by such a licensee or 

certificate holder, and that has been determined by the 

Commission to be of significance to the common 

defense and security or public health and safety; and

(D) are discharging the official duties of the security 

personnel in transferring, receiving, possessing, transporting, 

or importing the weapons, ammunition, or devices.

c. BACKGROUND CHECKS–A person that receives, possesses, 

transports, imports, or uses a weapon, ammunition, or a device under 

subsection (b) shall be subject to a background check by the Attorney 

General, based on fingerprints and including a background check under 

section 103(b) of the Brady Handgun Violence Prevention Act (Public 

Law 103–159; 18 U.S.C. 922 note) to determine whether the person is 

prohibited from possessing or receiving a firearm under Federal or State 

law.

d. EFFECTIVE DATE–This section takes effect on the date on which 

guidelines are issued by the Commission, with the approval of the 

Attorney General, to carry out this section.

Sec. 162. Contracts

The President may, in advance, exempt any specific action of the 

Commission in a particular matter from the provisions of law relating to 

contracts whenever he determines that such action is essential in the 

interest of the common defense and security.

Sec. 163. Advisory Committees

The members of the General Advisory Committee established 

pursuant to section 26 and the members of advisory boards established 

pursuant to section 161a. may serve as such without regard to the 

provisions of section 281, 283, or 284 of title 18226 of the United States 

Code, except insofar as such sections may prohibit any such member 

from receiving compensation from a source other than a nonprofit 

educational institution227 in respect of any particular matter which 

––––––––

226 These sections have been repealed. 227 Amended by P.L. 86–300, § 2, 73 Stat. 574 (1959).

42 USC 2202.

Contracts.

42 USC 2203.

Advisory 

committees.
Atomic Energy Act of 1954 (P.L. 83–703) 111

directly involves the Commission or in which the Commission is directly 

interested.228

Sec. 164. Electric Utility Contracts

The Commission is authorized in connection with the construction or 

operations of the Oak Ridge, Paducah, and Portsmouth installations of the 

Commission, without regard to section 3679 of the Revised Statutes, as 

amended, to enter into new contracts or modify or confirm existing 

contracts to provide for electric utility serves for periods not exceeding 

twenty-five years, and such contracts shall be subject to termination by 

the Commission upon payment of cancellation costs as provided in such 

contracts, and any appropriation presently or hereafter made available to 

the Commission shall be available for the payment of such cancellation 

costs. Any such cancellation payments shall be taken into consideration 

in determination of the rate to be charged in the event the Commission or 

any other agency of the Federal Government shall purchase electric 

utility services from the contractors subsequent to the cancellation and 

during the life of the original contract. The authority of the Commission 

under this section to enter into new contracts or modify or confirm 

existing contracts to provide for electric utility services includes, in case 

such electric utility services are to be furnished to the Commission by the 

Tennessee Valley Authority, authority to contract with any person to 

furnish electric utility services to the Tennessee Valley Authority in 

replacement thereof. Any contract hereafter entered into by the 

Commission pursuant to this section shall be submitted to the Energy 

Committees229 and a period of thirty days shall elapse while Congress is 

in session (in computing such thirty days, there shall be excluded the 

days on which either House is not in session because of adjournment for 

more than three days) before the contract of the Commission shall 

become effective: Provided, however, That the Energy Committees, after 

having received the proposed contract, may by resolution in writing, 

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

Sec. 165. Contract Practices

a. In carrying out the purposes of this Act the Commission shall not 

use the cost-plus-percent age-of-cost system of contracting.

b. No contract entered into under the authority of this Act shall 

provide, and no contract entered into under the authority of the Atomic 

Energy Act of 1946, as amended, shall be modified or amended after the 

date of enactment of this Act to provide, for direct payment or direct 

reimbursement by the Commission of any Federal income taxes on behalf 

of any contractor performing such contract for profit.

Sec. 166. Comptroller General Audit

No moneys appropriated for the purposes of this Act shall be 

available for payments under any contract with the Commission, 

negotiated without advertising, except contracts with any foreign 

government or any agency thereof and contracts with foreign producers, 

unless such contract includes a clause to the effect that the Comptroller 

General of the United States or any of his duly authorized representatives 

shall, until the expiration of three years after final payment, have access 

––––––––

228 Amended by P.L. 87–849, § 2, 76 Stat. 1119 (1962), which revised the existing conflict 

of interest laws. All exemptions from the provisions of sections 281, 283, and 284 of 

Title 18 of the U.S. Code are deemed to be exemptions from the corresponding sections of 

the new conflict-of-interest law “except to the extent that they affect officers or employees 

of the executive branch of the United States Government [or] of any independent agency of 

the United States, * * * as to whom they are no longer applicable.”

229 Amended by P.L. 103–437, § 15(f)(7), 108 Stat. 4581 (1994).

42 USC 2204.

Electric utility 

contracts.

42 USC 2205.

Contract 

practices.

42 USC 2206.

Comptroller 

General audit.
112 Atomic Energy Act of 1954 (P.L. 83–703)

to and the right to examine any directly pertinent books, documents, 

papers, and records of the contractor or any of his subcontractors engaged 

in the performance of, and involving transactions related to such 

contracts or subcontracts: Provided, however, That no moneys so 

appropriated shall be available for payment under such contract which 

includes any provision precluding an audit by the Government 

Accountability Office of any transaction under such contract: and

provided further, That nothing in this section shall preclude the earlier 

disposal of contractor and subcontractor records in accordance with 

records disposal schedules agreed upon between the Commission and the 

General Accounting Office.230

Sec. 167. Claims Settlements

The Commission, acting on behalf of the United States, is authorized 

to consider, ascertain, adjust, determine, settle, and pay, any claim for 

money damage of $5,000 or less against the United States for bodily 

injury, death, or damage to or loss of real or personal property resulting 

from any detonation, explosion, or radiation produced in the conduct of 

any program undertaken by the Commission involving the detonation of 

an explosive device, where such claim is presented to the Commission in 

writing within one year after the accident or incident out of which the 

claim arises: Provided, however, That the damage to or loss of property, 

or bodily injury or death, shall not have been caused in whole or in part 

by any negligence or wrongful act on the part of the claimant, his agents, 

or employees. Any such settlement under the authority of this section 

shall be final and conclusive for all purposes, notwithstanding any other 

provision of law to the contrary. If the Commission considers that a claim 

in excess of $5,000 is meritorious and would otherwise be covered by 

this section, the Commission may report the facts and circumstances 

thereof to the Congress for its consideration.231

Sec. 168. Payments in Lieu of Taxes

In order to render financial assistance to those States and localities in 

which the activities of the Commission are carried on, and in which the 

Commission has acquired property previously subject to State and local 

taxation, the Commission is authorized to make payments to State and 

local governments in lieu of property taxes. Such payments may be in the 

amounts, at times, and upon the terms the Commission deems 

appropriate, but the Commission shall be guided by the policy of not 

making payments in excess of the taxes which would have been payable 

for such property in the condition in which it was acquired, except in 

cases where special burdens have been cast upon the State or local 

––––––––

230 Amended by P.L. 85–681, §8, 72 Stat. 632 (1958); P.L. 108–271, §8(b), 118 Stat. 814

(2004). 231 Amended by P.L. 87–206, §14, 75 Stat. 474 (1961). Prior to amendment, this section 

read as follows:

Sec. 167. Claim Settlements–The Commission, acting on behalf of the United 

States, is authorized to consider, ascertain, adjust, determine, settle, and pay, 

any claim for money damage of $5,000 or less against the United States for 

bodily injury, death, or damage to or loss of real or personal property resulting 

from any detonation, explosion, or radiation produced in the conduct of the 

Commission’s program for testing atomic weapons, where such claim is 

presented to the Commission in writing within one year after the accident or 

incident out of which the claim arises: Provided, however, That the damage to 

or loss of property, or bodily injury or death, shall not have been caused in 

whole or in part by any negligence or wrongful act on the part of the claimant, 

his agents, or employees. Any such settlement under the authority of this 

section shall be final and conclusive for all purposes, notwithstanding any 

other provision of law to the contrary.

42 USC 2207.

42 USC 2208.

Payments in 

lieu of taxes.
Atomic Energy Act of 1954 (P.L. 83–703) 113

government by activities of the Commission, the Manhattan Engineer 

District or their agents. In any such case, any benefit accruing to the State 

or local government by reason of such activities shall be considered in 

determining the amount of the payment.

Sec. 169. No Subsidy

No funds of the Commission shall be employed in the construction or 

operation of facilities licensed under section 103 or 104 except under 

contract or other arrangement entered into pursuant to section 31.

Sec. 170. Indemnification and Limitation of Liability232

a. REQUIREMENT OF FINANCIAL PROTECTION FOR 

LICENSEES233–Each license issued under section 103 or 104 and each 

construction permit issued under section 185 shall, and each license 

issued under section 53, 63, or 81 may, for the public purposes cited in 

section 2i., have as a condition of the license a requirement that the 

licensee have and maintain financial protection of such type and in such 

amounts as the Nuclear Regulatory Commission (in this section referred 

to as the “Commission”)234 in the exercise of its licensing and regulatory 

authority and responsibility shall require in accordance with subsection b. 

to cover public liability claims. Whenever such financial protection is 

required, it may be a further condition of the license that the licensee 

execute and maintain an indemnification agreement in accordance with 

subsection c. The Commission may require, as a further condition of 

issuing a license, that an applicant waive any immunity from public 

liability conferred by Federal or State law.235

b. AMOUNT AND TYPE OF FINANCIAL PROTECTION FOR 

LICENSEES236

(1)237 The amount of primary financial protection238 required shall 

be the amount of liability insurance available from private sources, 

except that the Commission may establish a lesser amount on the 

basis of criteria set forth in writing, which it may revise from time to 

time, taking into consideration such factors as the following: (A) the 

cost and terms of private insurance, (B) the type, size, and location of 

the licensed activity and other factors pertaining to the hazard, and 

(C) the nature and purpose of the licensed activity: Provided, That 

for facilities designed for producing substantial amounts of electricity 

and having a rated capacity of 100,000 electrical kilowatts or more, 

the amount of primary financial protection239 required shall be the 

––––––––

232 Added by P.L. 85–256, § 4, 71 Stat. 576 (1957). 233 Amended by P.L. 100–408, §16(e)(1), 102 Stat. 1080 (1988). 234 Amended by P.L. 100–408, § 16(a)(2), 102 Stat. 1079 (1988). 235 Amended by P.L. 94–197, § 2, 89 Stat. 1111 (1975). Prior to amendment, 

subsection 170a read as follows:

a. Each license issued under section 103 or 104 and each construction permit 

issued under section 185 shall, and each license issued under section 53, 63, or 81 may, have as a condition of the license a requirement that the licensee 

have and maintain financial protection of such type and in such amounts as the 

Commission shall require in accordance with subsection 170b. to cover public 

liability claims. Whenever such financial protection is required, it shall be a 

further condition of the license that the licensee execute and maintain an indemnification agreement in accordance with subsection 170c. The 

Commission may require, as a further condition of issuing a license, that an 

applicant waive any immunity from public liability conferred by Federal or 

State law. 236 Amended by P.L. 100–408, § 16(e)(2), 102 Stat. 1080, (1988). 237 Amended by P.L. 100–408, § 2(C)(1), 102 Stat. 1066 (1988). 238 Amended by P.L. 100–408, §§ 2(a)(1), (2), (C)(2), 102 Stat. 1066 (1988). 239 Amended by P.L. 100–408, § 2(a)(1), 102 Stat. 1066 (1988).

42 USC 2209.

No subsidy.

42 USC 2210.

Indemnification 

agreement.

Waiver.

Liability 

insurance.
114 Atomic Energy Act of 1954 (P.L. 83–703)

maximum amount available at reasonable cost and on reasonable 

terms from private sources (excluding the amount of private liability 

insurance available under the industry retrospective rating plan 

required in this subsection). Such primary financial protection may 

include private insurance, private contractual indemnities, self 

insurance, other proof of financial responsibility, or a combination of 

such measures and shall be subject to such terms and conditions as the 

Commission may, be rule, regulation, or order, prescribe. The 

Commission shall require licensees that are required to have and 

maintain primary financial protection equal to the maximum amount 

of liability insurance available from private sources to maintain, in 

addition to such primary financial protection, private liability 

insurance available under an industry retrospective rating plan 

providing for premium charges deferred in whole of major part until 

public liability from a nuclear incident exceeds or appears likely to 

exceed the level of the primary financial protection required of the 

licensee involved in the nuclear incident: Provided, That such 

insurance is available to, and required of, all of the licensees of such 

facilities without regard to the manner in which they obtain other 

types or amounts of such primary financial protection: and provided 

further, That the maximum amount of the standard deferred premium 

that may be charged a licensee following any nuclear incident under 

such a plan shall not be more than $95,800,000240 (subject to 

adjustment for inflation under subsection t.) but not more than 

$15,000,000 in any 1 year (subject to adjustment for inflation under 

subsection t.),241 for each facility for which licensee is required to 

maintain the maximum amount of primary financial protection: and

provided further, That the amount which may be charged a licensee 

following any nuclear incident shall not exceed the licensee’s pro rata 

share of the aggregate public liability claims and costs (excluding 

legal costs subject to subsection o.(1)(D), payment of which has not 

been authorized under such subsection) arising out of the nuclear 

incident. Payment of any State premium taxes which may be 

applicable to any deferred premium provided for in this Act shall be 

the responsibility of the licensee and shall not be included in the 

retrospective premium established by the Commission.242

(2)243(A) The Commission may, on a case by case basis, assess 

annual deferred premium amounts less than the standard annual 

deferred premium amount assessed under paragraph (1)–

(i) for any facility, if more than one nuclear incident occurs 

in any one calendar year; or

(ii) for any licensee licensed to operate more than one 

facility, if the Commission determines that the financial 

impact of assessing the standard annual deferred premium 

––––––––

240 Amended by P.L. 109–58, Title VI, § 603(1), 119 Stat. 780 (2005), which struck out 

“$63,000,000” and inserted “$95,800,000.”

241 Amended by P.L. 109–58, Title VI, § 603(1), 119 Stat. 780 (2005), which struck out 

“10,000,000 in any 1 year” and inserted “15,000,000 in any 1 year (subject to adjustment 

for inflation under subsection (t) of this section).” 242 Amended by P.L. 100–408, § 2(a)(1), (3), (b), 102 Stat. 1066 (1988). The third 

sentence of paragraph (1) read as follows: 

The Commission shall require licensees that are required to have and maintain 

primary financial protection equal to the maximum amount of liability 

insurance available from private sources to maintain, in addition to such 

primary financial protection, 243 Added by P.L. 100–408, § 2(C)(4), 102 Stat. 1066 (1988).
Atomic Energy Act of 1954 (P.L. 83–703) 115

amount under paragraph (1) would result in undue financial 

hardship to such licensee or the ratepayers of such licensee.

(B) In the event that the Commission assesses a lesser annual 

deferred premium amount under subparagraph (A), the 

Commission shall require payment of the difference between the 

standard annual deferred premium assessment under paragraph (1) 

and any such lesser annual deferred premium assessment within a 

reasonable period of time, with interest at a rate determined by the 

Secretary of Treasury on the basis of the current average market 

yield on outstanding marketable obligations of the United States 

of comparable maturities during the month preceding the date that 

the standard annual deferred premium assessment under paragraph 

(1) would become due.244

(3) The Commission shall establish such requirements as are 

necessary to assure availability of funds to meet any assessment of 

deferred premiums within a reasonable time when due, and may 

provide reinsurance or shall otherwise guarantee the payment of such 

premiums in the event it appears that the amount of such premiums 

will not be available on a timely basis through the resources of private 

industry and insurance. Any agreement by the Commission with a 

licensee or indemnitor to guarantee the payment of deferred 

premiums may contain such terms as the Commission deems 

appropriate to carry out the purposes of this section and to assure 

reimbursement to the Commission for its payments made due to the 

failure of such licensee or indemnitor to meet any of its obligations 

arising under or in connection with financial protection required 

under this subsection including without limitation terms creating liens 

upon the licensed facility and the revenues derived there from or any 

other property or revenues of such licensee to secure such 

reimbursement and consent to the automatic revocation of any 

license.245

(4)246 (A) In the event that the funds available to pay valid claims 

in any year are insufficient as a result of the limitation on the amount 

of deferred premiums that may be required of a licensee in any year 

under paragraph (1) or (2), or the Commission is required to make 

––––––––

244 Amended by P.L. 100–408, § 2(C)(3), 102 Stat. 1066 (1988), which struck out the 

fifth and sixth sentences of existing paragraph (1), which had authorized the Commissioner 

to establish a minimum amount which the aggregate deferred premiums charged for each 

facility within one calendar year could not exceed and which had authorized the 

Commissioner to establish amounts less than the standard premium for individual facilities 

taking into account such factors as the facility’s size, location, and other factors pertaining 

to the hazard. See paragraph (2) for successor provisions. 245 Amended by P.L. 94–197, § 3, 89 Stat. 1111 (1975). Prior to amendment, 

subsection 170b read as follows:

b. The amount of financial protection required shall be in the amount of 

liability insurance available from private sources, except that the Commission 

may establish a lesser amount on the basis of criteria set forth in writing, 

which it may revise from time to time, taking into consideration such factors 

as the following: (1) the cost and terms of private insurance, (2) the type, size 

and location of the licensed activity and other factors pertaining to the hazard, 

and (3) the nature and purpose of the licensed activity: Provided, That for 

facilities designed for producing substantial amounts of electricity and having 

a rated capacity of 100,000 electrical kilowatts or more, the amount of 

financial protection required shall be the maximum amount available from private sources. Such financial protection may include private insurance, 

private contractual indemnities, self insurance, other proof of financial 

responsibility, or a combination of such measures. 246 Added by P.L. 100–408, § 2(d)(2), 102 Stat. 1067 (1988).

Claims.
116 Atomic Energy Act of 1954 (P.L. 83–703)

reinsurance or guaranteed payments under paragraph (3), the 

Commission shall, in order to advance the necessary funds–

(i) request the Congress to appropriate sufficient funds to 

satisfy such payments; or

(ii) to the extent approved in appropriation Acts, issue to 

the Secretary of the Treasury obligations in such forms and 

denominations, bearing such maturities, and subject to such 

terms and conditions as may be agreed to by the Commission 

and the Secretary of the Treasury.

(B) Except for funds appropriated for purposes of making 

reinsurance or guaranteed payments under paragraph (3), any 

funds appropriated under subparagraph (A)(i) shall be repaid to 

the general fund of the United States Treasury from amounts made 

available by standard deferred premium assessments, with interest 

at a rate determined by the Secretary of Treasury on the basis of 

the current average market yield on outstanding marketable 

obligations of the United States of comparable maturities during 

the month preceding the date that the funds appropriated under 

such subparagraph are made available.

(C) Except for funds appropriate for purposes of making 

reinsurance or guaranteed payments under paragraph (3), 

redemption of obligations issued under subparagraph (A)(ii) shall 

be made by the Commission from amounts made available by 

standard deferred premium assessments. Such obligations shall 

bear interest at a rate determined by the Secretary of Treasury by 

taking into consideration the average market yield on outstanding 

marketable obligations to the United States of comparable 

maturities during the month preceding the issuance of the 

obligations under this paragraph. The Secretary of the Treasury

shall purchase any issued obligations, and for such purpose the 

Secretary of the Treasury may use as a public debt transaction the 

proceeds from the sale of any securities issued under chapter 31 of 

title 31, United States Code, and the purposes for which securities 

may be issued under such chapter are extended to include any 

purchase of such obligations. The Secretary of the Treasury may 

at any time sell any of the obligations acquired by the Secretary of 

the Treasury under this paragraph. All redemptions, purchases, 

and sales by the Secretary of the Treasury of obligations under 

this paragraph shall be treated as public debt transactions of the 

United States.

(5)247 (A) For purposes of this section only, the Commission shall 

consider a combination of facilities described in subparagraph (B) to 

be a single facility having a rated capacity of 100,000 electrical 

kilowatts or more.

(B) A combination of facilities referred to in subparagraph (A) 

is two or more facilities located at a single site, each of which has 

a rated capacity of 100,000 electrical kilowatts or more but not 

more than 300,000 electrical kilowatts, with a combined rated 

capacity of not more than 1,300,000 electrical kilowatts.

c. INDEMNIFICATION OF NUCLEAR REGULATORY 

COMMISSION LICENSEES–The Commission shall, with respect to 

––––––––

247 Added by P.L. 109–58, Title VI, § 608, 119 Stat. 781 (2005).

Securities.
Atomic Energy Act of 1954 (P.L. 83–703) 117

licenses issued between August 30, 1954, and December 31, 2025,248 for 

which it requires financial protection of less than $560,000,000, agree to 

indemnify and hold harmless the licensee and other persons indemnified, 

as their interest may appear, from public liability arising from nuclear 

incidents which is in excess of the level of financial protection required 

of the licensee. The aggregate indemnity for all persons indemnified in 

connection with each nuclear incident shall not exceed $500,000,000 

excluding costs of investigating and settling claims and defending suits 

for damage: Provided, however, That this amount of indemnity shall be 

reduced by the amount that the financial protection required shall exceed 

$60,000,000. Such a contract of indemnification shall cover public 

liability arising out of or in connection with the licensed activity. With 

respect to any production or utilization facility for which a construction 

permit is issued between August 30, 1954, and December 31, 2025, the 

requirements of this subsection shall apply to any license issued for such 

facility subsequent to December 31, 2025.249

d.(1)(A) In addition to any other authority the Secretary of Energy (in 

this section referred to as the "Secretary") may have, the Secretary 

shall, until December 31, 2025, enter into agreements of 

indemnification under this subsection with any person who may 

conduct activities under a contract with the Department of Energy 

that involve the risk of public liability and that are not subject to 

financial protection requirements under subsection b. or agreements 

of indemnification under subsection c. or k.250

––––––––

248 Amended by P.L. 108–7, Div. O, § 101, 117 Stat. 551 (2003); P.L. 109–58, Title VI, 

§ 602(a), 119 Stat. 779 (2005). 249 Amended by P.L. 109–58, Title VI, § 602(b), 119 Stat. 779 (2005); P.L. 91–197 

§§ 5(a) and (b), 89 Stat. 1111 (1975); P.L. 89–210, § 1, 79 Stat 855 (1965), had previously 

amended subsection 170c. Prior to amendment, this subsection read as follows:

c. The commission shall, with respect to licenses issued between 

August 30, 1954 and August 1, 1967, for which it requires financial 

protection, agree to indemnify and hold harmless the licensee and other 

persons indemnified, as their interest may appear, from public liability arising 

from nuclear incidents which is in excess of the level of financial protection 

required of the license. The aggregate indemnity for all persons indemnified in 

connection with each nuclear incident shall not exceed $500,000,000 

including the reasonable costs of investigating and settling claims and 

defending suits for damage. Such a contract of indemnification shall cover 

public liability arising out of or in connection with the licensed activity. With 

respect to any production or utilization facility for which a construction permit 

is issued between August 30, 1954, and August 1, 1967, the requirements of 

this subsection shall apply to any license issued for such facility subsequent to 

August 1, 1967.

P.L. 88–394, § 2, 78 Stat. 376 (1964), had previously amended subsection 170c. by adding 

the last sentence. 250 Amended by P.L. 109–58, Title VI, § 602(b), 119 Stat. 779 (2005); P.L. 108–375, 

Div. C, Title XXXI, § 3141, 118 Stat. 2171 (2004); P.L. 100–408, 102 Stat. 1066 (1988); 

P.L. 94–197, §§ 5(a) and (b), 89 Stat 1111 (1975); P.L. 89–210, § 2, 79 Stat 855 (1965), had 

previously amended the first two sentences of subsection 170d. Prior to amendment, these 

sentences read as follows:

d. In addition to any other authority the Commission may have, the 

Commission is authorized until August 1, 1967, to enter into agreements of 

indemnification with its contractors for the construction or operation of 

production or utilization facilities or other activities under contracts for the 

benefit of the United States involving activities under the risk of public 

liability for a substantial nuclear incident. In such agreements of 

indemnification the Commission may require its contractor to provide and 

maintain financial protection of such a type and in such amounts as the 

Commission shall determine to be appropriate to cover public liability arising 

out of or in connection with the contractual activity, and shall indemnify the 

persons indemnified against such claims above the amount of the financial 
118 Atomic Energy Act of 1954 (P.L. 83–703)

(B)(i)(I) Beginning 60 days after the date of enactment of the 

Price-Anderson Amendments Act of 1988, agreements of 

indemnification under subparagraph (A) shall be the exclusive 

means of indemnification for public liability arising from 

activities described in such subparagraph, including activities 

conducted under a contract that contains an indemnification 

clause under Public Law 85-804 entered into between August 

1, 1987, and the date of enactment of the Price-Anderson 

Amendments Act of 1988.

(II) The Secretary may incorporate in agreements of 

indemnification under subparagraph (A) the provisions 

relating to the waiver of any issue or defense as to charitable 

or governmental immunity authorized in subsection n. (1) to 

be incorporated in agreements of indemnification. Any such 

provisions incorporated under this subclause shall apply to 

any nuclear incident arising out of nuclear waste activities 

subject to an agreement of indemnification under 

subparagraph (A).

(ii) Public liability arising out of nuclear waste activities 

subject to an agreement of indemnification under subparagraph 

(A) that are funded by the Nuclear Waste Fund established in 

section 302 of the Nuclear Waste Policy Act of 1982 (42 USC 

10222) shall be compensated from the Nuclear Waste Fund in an 

amount not to exceed the maximum amount of financial 

protection required of licensees under subsection b.

(2) In an agreements of indemnification entered into under 

paragraph (1), the Secretary–

(A) may require the contractor to provide and maintain 

financial protection of such a type and in such amounts as the 

Secretary shall determine to be appropriate to cover public 

liability arising out of or in connection with the contractual 

activity; and

(B) shall indemnify the persons indemnified against such 

liability above the amount of the financial protection required, in 

the amount of $10,000,000,000 (subject to adjustment for inflation 

under subsection t.), in the aggregate, for all persons indemnified 

in connection with the contract and for each nuclear incident, 

including such legal costs of the contractor as are approved by the 

Secretary.251

 protection required, in the amount of $500,000,000 including the reasonable 

costs of investigating and settling claims and defending suits for damage in the 

aggregate for all persons indemnified in connection with such contract and for 

each nuclear incident: Provided: That in the case of nuclear incidents 

occurring outside the United States, the amount of the indemnity provided by 

the Commission shall not exceed $100,000,000.

P.L. 87–615, § 6, 76 Stat. 409 (1962), had previously amended the second sentence of 

subsection 170d. by adding the proviso providing that in the case of incidents occurring 

outside the United States, the amount of indemnity provided by the Commission shall not 

exceed $100 million.

251 Amended by P.L. 109–58, Title VI, § 604(a), 119 Stat. 780 (2005), which rewrote 

paragraph (2). Prior to amendment, the paragraph read as follows: 

In agreements of indemnification entered into under paragraph (1), the 

Secretary may require the contractor to provide and maintain financial 

protection of such a type and in such amounts as the Secretary shall determine 

to be appropriate to cover public liability arising out of or in connection with 

the contractual activity, and shall indemnify the persons indemnified against 

such claims above the amount of the financial protection required, to the full 

Effective date.

Claims.
Atomic Energy Act of 1954 (P.L. 83–703) 119

(3) All agreements of indemnification under which the 

Department of Energy (or its predecessor agencies) may be required 

to indemnify any person under this section shall be deemed to be 

amended, on the date of enactment of the Price-Anderson 

Amendments Act of 2005, to reflect the amount of indemnity for 

public liability and any applicable financial protection required of the 

contractor under this subsection.252

(4) Financial protection under paragraph (2) and indemnification 

under paragraph (1) shall be the exclusive means of financial 

protection and indemnification under this section for any Department 

of Energy demonstration reactor licensed by the Commission under 

section 202 of the Energy Reorganization Act of 1974 (42 USC 

5842).253

(5) In the case of nuclear incidents occurring outside the United 

States, the amount of the indemnity provided by the Commission 

under this subsection shall not exceed $500,000,000.254

(6) The provisions of this subsection may be applicable to lump 

sum as well as cost type contracts and to contracts and projects 

financed in whole or in part by the Commission.255

(7) A contractor with whom an agreement of indemnification has 

been executed and who is engaged in activities connected with the 

underground detonation of a nuclear explosive device shall be liable, 

to the extent so indemnified under this subsection, for injuries or 

damage sustained as a result of such detonation in the same manner 

and to the same extent as would a private person acting as principal, 

and no immunity or defense founded in the Federal, State, or 

municipal character of the contractor or of the work to be performed 

under the contract shall be effective to bar such liability.256

e. Limitation On Aggregate Public Liability.–(1)257 The aggregate 

public liability for a single nuclear incident of persons indemnified, 

 extent of the aggregate public liability of the persons indemnified for each 

nuclear incident, including such legal costs of the contractor as are approved 

by the Secretary. 252 Amended by P.L. 109–58, Title VI, section 604(b), 119 Stat. 780 (2005), which 

rewrote paragraph (3). Prior to amendment, the paragraph read as follows:

(3)(A) Notwithstanding paragraph (2), if the maximum amount of financial 

protection required of licenses under subsection (b) of this section is increased 

by the Commission, the amount of indemnity, together with any financial 

protection required of the contractor, shall at all times remain equal to or 

greater than the maximum amount of financial protection required of licensees 

under subsection (b) of this section.

(B) The amount of indemnity provided contractors under this subsection 

shall not, at any time, be reduced in the event that the maximum amount of 

financial protection required of licensees is reduced.

(C) All agreements of indemnification under which the Department of 

Energy (or its predecessor agencies) may be required to indemnify any person, 

shall be deemed to be amended on August 20, 1988, to reflect the amount of 

indemnity for public liability and any applicable financial protection required 

of the contractor under this subsection on August 20, 1988. 253 Paragraphs (3) and (4) added by P.L. 100–408, § 4(a), 102 Stat. 1068 (1988). 254 Amended by P.L.100–408 § 4(a), 102 Stat. 1068 (1988); P.L. 109–58, Title VI, 

§ 605(a), 119 Stat. 781 (2005) struck out $100,000,000 and inserted $500,000,000. 255 Amended by P.L. 100–408, § 4(a), 102 Stat. 1068 (1988). 256 Amended by P.L. 100–408, § 4(a), 102 Stat. 1068 (1988). 257 Amended by P.L. 100–408, § 2(C)(3), 102 Stat. 1066 (1988), which struck out the 

fifth and sixth sentences of existing paragraph (1), which had authorized the Commissioner 

to establish a minimum amount that the aggregate deferred premiums charged for each 

facility within one calendar year could not exceed and which had authorized the 

Commissioner to establish amounts less than the standard premium for individual facilities 
120 Atomic Energy Act of 1954 (P.L. 83–703)

including such legal costs as are authorized to be paid under subsection 

o.(1)(D), shall not exceed–

(A) in the case of facilities designed for producing substantial 

amounts of electricity and having a rated capacity of 100,000 

electrical kilowatts or more, the maximum amount of financial 

protection required of such facilities under subsection b. (plus any 

surcharge assessed under subsection o.(1)(E));

(B) in the case of contractors with whom the Secretary has

entered into an agreement of indemnification under subsection d., 

the amount of indemnity and financial protection that may be 

required under paragraph (2) of subsection d.258, and

(C) in the case of all other licensees of the Commission 

required to maintain financial protection under this section–

(i) $500,000,000, together with the amount of financial 

protection required of the licensee; or

(ii) if the amount of financial protection required of the 

licensee exceeds $60,000,000, $560,000,000 or the amount of 

financial protection required of the licensee, whichever 

amount is more.

(2) That in the event of a nuclear incident involving damages in 

excess of the amount of aggregate liability, the Congress will 

thoroughly review the particular incident and will take whatever 

action is determined necessary and appropriate to protect the public 

from the consequences of a disaster of such magnitude.259

(3)260 No provision of paragraph (1) may be construed to preclude 

the Congress from enacting a revenue measure, applicable to 

licensees of the Commission required to maintain financial protection 

pursuant to subsection b., to fund any action undertaken pursuant to 

paragraph (2).

(4) With respect to any nuclear incident occurring outside of the

United States to which an agreement of indemnification entered into 

under the provisions of subsection d. is applicable, such aggregate 

public liability shall not exceed the amount of $500,000,000261, 

together with the amount of financial protection required of the 

contractor.

f. Collection of Fees by Nuclear Regulatory Commission262–The 

Commission or the Secretary, as appropriate, is authorized to collect a fee 

from all persons with whom an indemnification agreement is executed 

under this section. This fee shall be $30 per year per thousand kilowatts 

of thermal energy capacity for facilities licensed under section 103: 

 taking into account such factors as the facility’s size, location, and other factors pertaining 

to the hazard. See paragraph (2) for successor provisions. 258 Amended by P.L. 109–58, Title VI, § 604(C), 119 Stat. 780 (2005). 259 Amended by P.L. 100–408, § 6, 102 Stat. 1070 (1988), which added new language to 

paragraph (2). Paragraph (2) formerly read: 

In the event of a nuclear incident involving damages in excess of the amount 

of aggregate public liability under paragraph (1), the Congress will thoroughly 

review the particular incident in accordance with the procedures set forth in 

subsection 170i of this section and will in accordance with such procedures, 

take whatever action is determined to be necessary (including approval of 

appropriate compensation plans and appropriation of funds) to provide full and 

prompt compensation to the public for all public liability claims resulting from 

a disaster of such magnitude. 260 Added by P.L. 100–408, § 6, 102 Stat. 1070 (1988). 261 Amended by P.L. 109–58, Title VI, § 605(b), 119 Stat. 781 (2005), which struck out 

“$100,000,000” and inserted “$500,000,000.”

262 Amended by P.L. 100–408, § 16(e)(4), 102 Stat. 1080 (1988).

Contracts.

Claims.

Contracts.
Atomic Energy Act of 1954 (P.L. 83–703) 121

Provided, That the Commission or the Secretary, as appropriate, is 

authorized to reduce the fee for such facilities in reasonable relation to 

increases in financial protection required above a level of $60,000,000. 

For facilities licensed under section 104, and for construction permits 

under section 185, the Commission is authorized to reduce the fee set 

forth above. The Commission shall establish criteria in writing for 

determination of the fee for facilities licensed under section 104, taking 

into consideration such factors as (1) the type, size, and location of 

facility involved, and other factors pertaining to the hazard, and (2) the 

nature and purpose of the facility. For other licenses, the Commission 

shall collect such nominal fees as it deems appropriate. No fee under this 

subsection shall be less than $100 per year.263

g. Use of Services of Private Insurers264–In administering the 

provisions of this section, the Commission or the Secretary, as 

appropriate, shall use, to the maximum extent practicable, the facilities 

and services of private insurance organizations, and the Commission or 

the Secretary, as appropriate, may contract to pay a reasonable 

compensation for such services. Any contract made under the provisions 

of this subsection may be made without regard to the provisions of 

section 3709 of the Revised Statutes (41 USC 5), as amended, upon a 

showing by the Commission or the Secretary, as appropriate, that 

advertising is not reasonably practicable and advance payments may be 

made.

h. Conditions of Agreements of Indemnification265–The agreement of 

indemnification may contain such terms as the Commission or the 

Secretary, as appropriate, deems appropriate to carry out the purposes of 

this section. Such agreement shall provide that, when the Commission or 

the Secretary, as appropriate, makes a determination that the United 

States will probably be required to make indemnity payments under this 

section, the Commission or the Secretary, as appropriate, shall 

collaborate with any person indemnified and may approve the payment of 

any claim under the agreement of indemnification, appear through the 

Attorney General on behalf of the person indemnified, take charge of 

such action, and settle or defend any such action. The Commission or the 

Secretary, as appropriate, shall have final authority on behalf of the 

United States to settle or approve the settlement of any such claim on a 

fair and reasonable basis with due regard for the purposes of this Act. 

Such settlement shall not include expenses in connection with the claim 

incurred by the person indemnified.266

i. Compensation Plans.267–(1) After any nuclear incident involving 

damages that are likely to exceed the applicable amount of aggregate 

public liability under subparagraph (A), (B), or (C) of subsection e. (1), 

the Secretary or the Commission, as appropriate, shall–

(A) make a survey of the causes and extent of damage; and

––––––––

263 Amended by P.L. 100–408, 102 Stat. 1066 (1988); P.L. 94–197, § 7, 89 Stat. 1111 

(1975).

264 Amended by P.L. 100–408, § 16(e)(5), 102 Stat. 1081 (1988). 265 Amended by P.L. 100–408, § 16(e)(6), 102 Stat. 1081 (1988). 266 Amended by P.L. 100–408, § 2(C)(3), 102 Stat. 1066 (1988), which struck out the 

fifth and sixth sentences of existing paragraph (1) that had authorized the Commissioner to 

establish a minimum amount that the aggregate deferred premiums charged for each facility 

within one calendar year could not exceed and which had authorized the Commissioner to 

establish amounts less than the standard premium for individual facilities taking into 

account such factors as the facility’s size, location, and other factors pertaining to the 

hazard. See paragraph (2) for successor provisions. 267 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.
122 Atomic Energy Act of 1954 (P.L. 83–703)

(B) expeditiously submit a report setting forth the results of 

such survey to the Congress, to the Representatives of the affected 

districts, to the Senators of the affected States, and (except for 

information that will cause serious damage to the national defense 

of the United States) to the public, to the parties involved, and to 

the courts.

(2) Not later than 90 days after any determination by a court, 

pursuant to subsection o., that the public liability from a single 

nuclear incident may exceed the applicable amount of aggregate 

public liability under subparagraph (A), (B), or (C) of subsection e. 

(1) the President shall submit to the Congress–

(A) an estimate of the aggregate dollar value of personal 

injuries and property damage that arises from the nuclear incident 

and exceeds the amount of aggregate public liability under 

subsection e. (1);

(B) recommendations for additional sources of funds to pay 

claims exceeding the applicable amount of aggregate public 

liability under subparagraph (A), (B), or (C) of subsection e.(1), 

which recommendations shall consider a broad range of possible 

sources of funds (including possible revenue measures on the 

sector of the economy, or on any other class, to which such 

revenue measures might be applied);

(C) 1 or more compensation plans, that either individually or 

collectively shall provide for full and prompt compensation for all 

valid claims and contain a recommendation or recommendations 

as to the relief to be provided, including any recommendations 

that funds be allocated or set aside for the payment of claims that 

may arise as a result of latent injuries that may not be discovered 

until a later date; and

(D) any additional legislative authorities necessary to 

implement such compensation plan or plans.

(3)(A) Any compensation plan transmitted to the Congress 

pursuant to paragraph (2) shall bear an identification number and shall 

be transmitted to both Houses of Congress on the same day and to 

each House while it is in session.

(B) The provisions of paragraphs (4) through (6) shall apply 

with respect to consideration in the Senate of any compensation 

plan transmitted to the Senate pursuant to paragraph (2).

(4) No such compensation plan may be considered approved for 

purposes of subsection 170e.(2) unless between the date of transmittal 

and the end of the first period of sixty calendar days of continuous 

session of Congress after the date on which such action is transmitted 

to the Senate, the Senate passes a resolution described in paragraph 6 

of this subsection.

(5) For the purpose of paragraph (4) of this subsection–

(A) continuity of session is broken only by an adjournment of 

Congress sine die; and

(B) the days on which either House is not in session because of 

an adjournment of more than three days to a day certain are 

excluded in the computation of the sixty-day calendar period.

(6)(A) This paragraph is enacted–

(i) as an exercise of the rulemaking power of the Senate 

and as such it is deemed a part of the rules of the Senate, but 

applicable only with respect to the procedure to be followed in 

the Senate in the case of resolutions described by 

Reports, 

Defense 

and national 

security.

President of 

U.S.

Claims.

Claims.
Atomic Energy Act of 1954 (P.L. 83–703) 123

subparagraph (B) and it supersedes other rules only to the 

extent that it is inconsistent therewith; and

(ii) with full recognition of the constitutional right of the 

Senate to change the rules at any time, in the same manner and 

to the same extent as in the case of any other rule of the 

Senate.

(B) For purposes of this paragraph, the term “resolution” 

means only a joint resolution of the Congress the matter after the 

resolving clause of which is as follows: That the _____ approves 

the compensation plan numbered _____ submitted to the Congress 

on _____ , 19__, the first blank space therein being filled with the 

name of the resolving House and the other blank spaces being 

appropriately filled; but does not include a resolution which 

specifies more than one compensation plan.

(C) A resolution once introduced with respect to a 

compensation plan shall immediately be referred to a committee 

(and all resolutions with respect to the same compensation plan 

shall be referred to the same committee) by the President of the 

Senate.

(D)(i) If the committee of the Senate to which a resolution 

with respect to a compensation plan has been referred has not 

reported it at the end of twenty calendar days after its referral, it 

shall be in order to move either to discharge the committee from 

further consideration of such resolution or to discharge the 

committee from further consideration with respect to such 

compensation plan which has been referred to the committee.

(ii) A motion to discharge may be made only by an 

individual favoring the resolution, shall be highly privileged 

(except that it may not be made after the committee has 

reported a resolution with respect to the same compensation 

plan), and debate thereon shall be limited to not more than one 

hour, to be divided equally between those favoring and those 

opposing the resolution. An amendment to the motion shall not 

be in order, and it shall not be in order to move to reconsider 

the vote by which the motion was agreed to or disagreed to.

(iii) If the motion to discharge is agreed to or disagreed to 

the motion may not be renewed, nor may another motion to 

discharge the committee be made with respect to any other 

resolution with respect to the same compensation plan.

(E)(i) When the committee has reported, or has been 

discharged from further consideration of, a resolution, it shall be 

at any time thereafter in order (even though a previous motion to 

the same effect has been disagreed to) to move to proceed to the 

consideration of the resolution. The motion shall be highly 

privileged and shall not be debatable. An amendment to the 

motion shall not be in order, and it shall not be in order to move to 

reconsider the vote by which the motion was agreed to or 

disagreed to.

(ii) Debate on the resolution referred to in clause (i) of this 

subparagraph shall be limited to not more than ten hours, 

which shall be divided equally between those favoring and 

those opposing such resolution. A motion further to limit 

debate shall not be debatable. An amendment to, or motion to 

recommit, the resolution shall not be in order, and it shall not 

be in order to move to reconsider the vote by which such 

resolution was agreed to or disagreed to.
124 Atomic Energy Act of 1954 (P.L. 83–703)

(F)(i) Motions to postpone, made with respect to the discharge 

from committee, or the consideration of a resolution or motions to 

proceed to the consideration of other business, shall be decided 

without debate.

(ii) Appeals from the decision of the Chair relating to the 

application of the rules of the Senate to the procedures relating 

to a resolution shall be decided without debate.

j. Contracts in Advance of Appropriations268–In administering the 

provisions of this section, the Commission or the Secretary, as 

appropriate, may make contracts in advance of appropriations and incur 

obligations without regard to sections 1341, 1342, 1349, 1350, and 1351, 

and subchapter II of chapter 15, of title 31, United States Code

k.269 With respect to any license issued pursuant to section 53, 63, 81, 

104a., or 104c. for the conduct of educational activities to a person found 

by the Commission to be a nonprofit educational institution, the 

Commission shall exempt such licensee from the financial protection 

requirement of subsection a. With respect to licenses issued between 

August 30, 1954, and December 31, 2025270, for which the Commission 

grants such exemption:

(1) the Commission shall agree to indemnify and hold harmless 

the licensee and other persons indemnified, as their interests may 

appear, from public liability in excess of $250,000 arising from 

nuclear incidents. The aggregate indemnity for all persons 

indemnified in connection with each nuclear incident shall not exceed 

$500,000,000, including such legal costs of the licensee as are 

approved by the Commission;271

(2) such contracts of indemnification shall cover public liability 

arising out of or in connection with the licensed activity; and shall 

include damage to property of persons indemnified, except property 

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

where the nuclear incident occurs; and

(3) such contracts of indemnification, when entered into with a 

licensee having immunity from public liability because it is a State 

agency, shall provide also that the Commission shall make payments 

under the contract on account of activities of the licensee in the same 

manner and to the same extent as the Commission would be required 

to do if the licensee were not such a State agency.

Any licensee may waive an exemption to which it is entitled under 

this subsection. With respect to any production or utilization facility for 

which a construction permit is issued between August 30, 1954, and 

December 31, 2025272, the requirements of this subsection shall apply to 

any license issued for such facility subsequent to December 31, 2025.273

l. Presidential Commission On Catastrophic Nuclear Accidents.– 

(1) Not later than 90 days after the date of the enactment of the 

Price-Anderson Amendments Act of 1988, the President shall 

establish a commission (in this subsection referred to as the “study 

commission”) in accordance with the Federal Advisory Committee 

––––––––

268 Amended by P.L. 100–408, § 16(e)(7), 102 Stat. 1081 (1988). 269 Added by P.L. 85–744, 72 Stat. 837 (1958). 270 Amended by P.L. 109–58, Title VI, § 602(C), 119 Stat 779 (2005). 271 Amended by P.L. 100–408, § 8(a)(2), 102 Stat. 1074 (1988). 272 Amended by P.L. 109–58, Title VI, § 602(C), 119 Stat 779 (2005). 273 Amended by P.L. 88–394, § 3, 78 Stat. 376 (1964); P.L. 89–210, § 4, 79 Stat. 855 

(1965); P.L. 94–197, § 10, 89 Stat. 1111 (1975); P.L. 109–58, Title VI, § 602(C), 

119 Stat 779 (2005).

Contracts in 

advance of 

appropriations.

Educational 

activities.
Atomic Energy Act of 1954 (P.L. 83–703) 125

Act (5 USC App.) to study means of fully compensating victims of a 

catastrophic nuclear accident that exceeds the amount of aggregate 

public liability under subsection e.(1).

(2)(A) The study commission shall consist of not less than 7 and 

not more than 11 members, who–

(i) shall be appointed by the President; and

(ii) shall be representative of a broad range of views and 

interests.

(B) The members of the study commission shall be appointed 

in a manner that ensures that not more than a mere majority of the 

members are of the same political party.

(C) Each member of the study commission shall hold office 

until the termination of the study commission, but may be 

removed by the President for inefficiency, neglect of duty, or 

malfeasance in office.

(D) Any vacancy in the study commission shall be filled in the 

manner in which the original appointment was made.

(E) The President shall designate one of the members of the 

study commission as chairperson, to serve at the pleasure of the 

President.

(3) The study commission shall conduct a comprehensive study of

appropriate means of fully compensating victims of a catastrophic 

nuclear accident that exceeds the amount of aggregate public liability 

under subsection e.(1), and shall submit to the Congress a final report 

setting forth–

(A) recommendations for any changes in the laws and rules 

governing the liability or civil procedures that are necessary for 

the equitable, prompt, and efficient resolution and payment of all 

valid damage claims, including the advisability of adjudicating 

public liability claims through an administrative agency instead of 

the judicial system;

(B) recommendations for any standards or procedures that are 

necessary to establish priorities for the hearing, resolution, and 

payment of claims when awards are likely to exceed the amount 

of funds available within a specific time period; and

(C) recommendation for any special standards or procedures 

necessary to decide and pay claims for latent injuries caused by 

the nuclear incident.

(4)(A) The chairperson of the study commission may appoint and 

fix the compensation of a staff of such persons as may be necessary to 

discharge the responsibilities of the study commission, subject to the 

applicable provisions of the Federal Advisory Committee Act (5 USC 

App.) and title 5, United States Code.

(B) To the extent permitted by law and requested by the 

chairperson of the study commission, the Administrator of 

General Services shall provide the study commission with 

necessary administrative services, facilities, and support on a 

reimbursable basis.

(C) The Attorney General, the Secretary of Health and Human 

Services, and the Administrator of the Federal Emergency 

Management Agency shall, to the extent permitted by law and 

subject to the availability of funds, provide the study commission 

with such facilities, support, funds and services, including staff, as 

may be necessary for the effective performance of the functions of 

the study commission.

Reports.
126 Atomic Energy Act of 1954 (P.L. 83–703)

(D) The study commission may request any Executive agency 

to furnish such information, advice, or assistance as it determines 

to be necessary to carry out its functions. Each such agency is 

directed, to the extent permitted by law, to furnish such 

information, advice or assistance upon request by the chairperson 

of the study commission.

(E) Each member of the study commission may receive 

compensation at the maximum rate prescribed by the Federal 

Advisory Committee Act (5 USC App.) for each day such 

member is engaged in the work of the study commission. Each 

member may also receive travel expenses, including per diem in 

lieu of subsistence under sections 5702 and 5703 of title 5, United 

States Code.

(F) The functions of the President under the Federal Advisory 

Committee Act (5 USC App.) that are applicable to the study 

commission, except the function of reporting annually to the 

Congress, shall be performed by the Administrator of General 

Services.

(5) The final report required in paragraph (3) shall be submitted to 

the Congress not later than the expiration of the 2-year period 

beginning on the date of the enactment of the Price-Anderson 

Amendments Act of 1988.

(6) The study commission shall terminate upon the expiration of 

the 2-month period beginning on the date on which the final report 

required in paragraph (3) is submitted.274

m. Coordinated Procedures for Prompt Settlement of Claims and 

Emergency Assistance275–The Commission or the Secretary, as 

appropriate, is authorized to enter into agreements with other indemnitors 

to establish coordinated procedures for the prompt handling, 

investigation, and settlement of claims for public liability. The 

Commission or the Secretary, as appropriate, and other indemnitors may 

make payments to, or for the aid of, claimants for the purpose of 

providing immediate assistance following a nuclear incident. Any funds 

appropriate to the Commission or the Secretary, as appropriate, shall be 

available for such payments. Such payments may be made without 

securing releases, shall not constitute an admission of the liability of any 

person indemnified or of any indemnitor, and shall operate as a 

satisfaction to the extent thereof of any final settlement or judgment.

n. Waiver of Defenses and Judicial Procedures276–

(1) With respect to any extraordinary nuclear occurrence to which 

an insurance policy or contract furnished as proof of financial 

protection or an indemnity agreement applies and which–

(A) arises out of or results from or occurs in the course of the 

construction, possession, or operation of a production or 

utilization facility,

(B) arises out of or results from or occurs in the course of 

transportation of source material, by-product material, or special 

nuclear material to or from a production of utilization facility,

(C) during the course of the contract activity arises out of or 

results from the possession, operation, or use by a Department of 

––––––––

274 Amended by P.L. 100–408, § 4(a), 102 Stat. 1068) (1988). 275 Amended by P.L. 100–408, § 16(e)(9), 102 Stat. 1081 (1988). 276 Amended by P.L. 100–408, § 16(e)(10), 102 Stat. 1081 (1988).

Reports.

Termination 

date.

Emergency 

Assistance

payments.

Waiver of

defenses.
Atomic Energy Act of 1954 (P.L. 83–703) 127

Energy contractor or subcontractor of a device utilizing special 

nuclear material or by-product material,

(D) arises out of, results from, or occurs in the course of, the 

construction, possession, or operation of any facility licensed 

under section 53, 63, or 81, for which the Commission has 

imposed as a condition of the license a requirement that the 

licensee have and maintain financial protection under subsection 

a.,

(E) arises out of , results from, or occurs in the course of, 

transportation of source material, byproduct material, or special 

nuclear material to or from any facility licensed under section 53, 

63, or 81, for which the Commission has imposed as a condition 

of the license a requirement that the licensee have and maintain 

financial protection under subsection a., or

(F) arises out of, results from, or occurs in the course of 

nuclear waste activities.

The Commission or the Secretary, as appropriate, may incorporate 

provisions in indemnity agreements with licensees and contractors under 

this section, and may require provisions to be incorporated in insurance 

policies or contracts furnished as proof of financial protection, which 

waive (i) any issue or defense as to conduct of the claimant or fault of 

persons indemnified, (ii) any issue or defense as to charitable or 

governmental immunity, and (iii) any issue or defense based on any 

statute of limitations if suit is instituted within three years from the date 

on which the claimant first knew, or reasonable could have know, of his 

injury or damage and the cause thereof. The waiver of any such issue or 

defense shall be effective regardless of whether such issue or defense 

may otherwise be deemed jurisdictional or relating to an element in the 

cause of action. When so incorporated, such waivers shall be judicially 

enforceable in accordance with their terms by the claimant against the 

person indemnified. Such waivers shall not preclude a defense based 

upon a failure to take reasonable steps to mitigate damages, nor shall 

such waivers apply to injury or damage to a claimant or to claimants 

property which is intentionally sustained by the claimant or which results 

from a nuclear incident intentionally and wrongfully caused by the 

claimant. The waivers authorized in this subsection shall, as to 

indemnitors, be effective only with respect to those obligations set forth 

in the insurance policies or the contracts furnished as proof of financial 

protection and in the indemnity agreements. Such waivers shall not apply 

to, or prejudice the prosecution or defense of, any claim or portion of 

claim which is not within the protection afforded under (i) the terms of 

insurance policies or contracts furnished as proof of financial protection, 

or indemnity agreements, and (ii) the limit of liability provisions of 

subsection e.

(2) With respect to any public liability action arising out of or 

resulting from a nuclear incident, the United States district court in 

the district where the nuclear incident takes place, or in the case of a 

nuclear incident taking place outside the United States, the United 

States District Court for the District of Columbia, shall have original 

jurisdiction without regard to the citizenship of any party or the 

amount in controversy. Upon motion of the defendant or of the 

Commission or the Secretary, as appropriate, any such action pending 

in any State court (including any such action pending on the date of 

the enactment of the Price-Anderson Amendments Act of 1988) or 

United States district court shall be removed or transferred to the 

United States district court having venue under this subsection. 

42 USC 2210.
128 Atomic Energy Act of 1954 (P.L. 83–703)

Process of such district court shall be effective throughout the United 

States. In any action that is or becomes removable pursuant to his 

paragraph, a petition for removal shall be filed within the period 

provided in section 1446 of title 28, United States Code, or within the 

30-day period beginning on the date of the enactment of the Price 

Anderson Amendments Act of 1988, whichever occurs later.

(3) (A) Following any nuclear incident, the chief judge of the

United States district court having jurisdiction under paragraph (2) 

with respect to public liability actions (or the judicial council of the 

judicial circuit in which the nuclear incident occurs) may appoint a 

special caseload management panel (in this paragraph referred to as 

the ‘management panel”) to coordinate and assign (but not necessarily 

hear themselves) cases arising out of the nuclear incident, if–

(i) a court, acting pursuant to subsection o. determines that the 

aggregate amount of public liability is likely to exceed the amount 

of primary financial protection available under subsection b. (or 

an equivalent amount in the case of a contractor indemnified 

under subsection d.); or

(ii) the chief judge of the United States district court (or the 

judicial council of the judicial circuit) determines that cases 

arising out of the nuclear incident will have an unusual impact on 

the work of the court.

(B)(i) Each management panel shall consist only of members who 

are United States district judges or circuit judges.

(ii) Members of a management panel may include any United 

States district judge or circuit judge of another district court or 

court of appeals, if the chief judge of such other district court or 

court of appeals consents to such assignment.

(C) It shall be the function of each management panel–

(i) to consolidate related or similar claims for hearing or trial;

(ii) to establish priorities for the handling of different classes 

of cases;

(iii) to assign cases to a particular judge or special master;

(iv) to appoint special masters to hear particular types of cases, 

or particular elements or procedural steps of cases;

(v) to promulgate special rules of court, not inconsistent with 

the Federal Rules of Civil Procedure, to expedite cases or allow 

more equitable consideration of claims;

(vi) to implement such other measures, consistent with 

existing law and the Federal Rules of Civil Procedure, as will 

encourage the equitable, prompt, and efficient resolution of cases 

arising out of the nuclear incident; and

(vii) to assemble and submit to the President such data, 

available to the court, as may be useful in estimating the aggregate 

damages from the nuclear incident.277

o.278 Plan For Distribution of Funds.–(1) Whenever the United States 

district court in the district where a nuclear incident occurs, or the United 

States District Court for the District of Columbia in case of a nuclear 

incident occurring outside the United States, determines upon the petition 

of any indemnitor or other interested person that public liability from a 

single nuclear incident may exceed the limit of liability under the 

––––––––

277 Amended by P.L. 100–408, § 4(a), 102 Stat. 1068 (1988). 278 Added by P.L. 89–645, § 3, 80 Stat. 891 (1966).

Courts, U.S.

Allocation of 

funds.
Atomic Energy Act of 1954 (P.L. 83–703) 129

applicable limit of liability under subparagraph (A), (B), or (C) of 

subsection e.(1):

(A) Total payments made by or for all indemnitors as a result of 

such nuclear incident shall not exceed 15 per centum of such limit of 

liability without the prior approval of such court;

(B) The court shall not authorize payments in excess of 15 per 

centum of such limit of liability unless the court determines that such 

payments are or will be in accordance with a plan of distribution 

which has been approved by the court of such payments are not likely 

to prejudice the subsequent adoption and implementation by the court 

or a plan of distribution pursuant to subparagraph (C); and

(C) The Commission or the Secretary, as appropriate, shall, and 

any other indemnitor or other interested person may, submit to such 

district court a plan for the disposition of pending claims and for the 

distribution of remaining funds available. Such a plan shall include an 

allocation of appropriate amounts for personal injury claims, property 

damage claims, and possible latent injury claims which may not be 

discovered until a later time and shall include establishment of 

priorities between claimants and classes of claims, as necessary to 

insure the most equitable allocation of available funds.279 Such court 

shall have all power necessary to approve, disapprove, or modify 

plans proposed, or to adopt another plan; and to determine the 

proportionate share of funds available for each claimant. The 

Commission or the Secretary, as appropriate, any other indemnitor, 

and any person indemnified shall be entitled to such orders as may be 

appropriate to implement and enforce the provisions of this section, 

including orders limiting the liability of the persons indemnified, 

orders approving or modifying the plan, orders staying the payment of 

claims and the execution of court judgments, orders apportioning the 

payments to be made to claimants, and orders permitting partial 

payments to be made before final determination of the total claims. 

The orders of such court shall be effective throughout the United 

States.

(D)280 A court may authorize payment of only such legal costs as 

are permitted under paragraph (2) from the amount of financial 

protection required by subsection b.

(E) If the sum of public liability claims and legal costs authorized 

under paragraph (2) arising from any nuclear incident exceeds the 

maximum amount of financial protection required under subsection 

b., any licensee required to pay a standard deferred premium under 

subsection b.(1) shall, in addition to such deferred premium, be 

charged such an amount as is necessary to pay a pro rata share of such 

claims and costs, but in no case more than 5 percent of the maximum 

––––––––

279 Amended by P.L. 94–197, § 13, 89 Stat. 1111 (1975) which added “and shall include 

establishment of priorities between claimants and classes of claims, as necessary to insure 

the most equitable allocation of available funds.”

280 Subsections (D), (E), and (2) added by P.L. 100–408, § 11(d)(1)(C), 102 Stat. 1077 

(1988). P.L. 100–408, § 7(b)(2) struck out paragraph (4) which was inserted by P.L. 94–

197, § 13, 89 Stat. 1111 (1975). Previously, paragraph (4) read as follows: 

(4) The Commission shall, within ninety days after a court shall have made 

such determination, deliver to the Joint Committee a supplement to the report 

prepared in accordance with subsection (i) of this section setting forth the 

estimated requirements for full compensation and relief of all claimants, and 

recommendations as to the relief to be provided.

42 USC 2210.
130 Atomic Energy Act of 1954 (P.L. 83–703)

amount of such standard deferred premium described in such 

subsection.

(2) A court may authorize the payment of legal costs under paragraph (1)(D) only if the person requesting such payment has–

(A) submitted to the court the amount of such payment requested; 

and

(B) demonstrated to the court–

(i) that such costs are reasonable and equitable; and

(ii) that such person has–

(I) litigated in good faith;

(II) avoided unnecessary duplication of effort with that of 

other parties similarly situated;

(III) not made frivolous claims or defenses; and

(IV) not attempted to unreasonably delay the prompt 

settlement or adjudication of such claims.

p. Reports To Congress.–The Commission and the Secretary shall 

submit to the Congress by December 31, 2021281, detailed reports 

concerning the need for continuation or modification of the provisions of 

this section, taking into account the condition of the nuclear industry, 

availability of private, insurance, and the state of knowledge concerning 

nuclear safety at that time, among other relevant factors, and shall include 

recommendations as to the repeal or modification of any of the provisions 

of this section.282

q. Limitation On Awarding of Precautionary Evacuation Costs.–No 

court may award costs of a precautionary evacuation unless such costs 

constitute a public liability.

r. Limitation of Liability of Lessors.–No person under a bona fide 

lease of any utilization or production facility (or part thereof or undivided 

interest therein) shall be liable by reason of an interest as lessor of such 

production or utilization facility, for any legal liability arising out of or 

resulting from a nuclear incidents resulting from such facility, unless 

such facility is in the actual possession and control of such person at the 

time of the nuclear incident giving rise to such legal liability.

s. Limitation On Punitive Damages.–No court may award punitive 

damages in any action with respect to a nuclear incident or precautionary 

evacuation against a person on behalf of whom the United States is 

obligated to make payments under an agreement of indemnification 

covering such incident or evacuation.

t. Inflation Adjustment.–(1) The Commission shall adjust the amount 

of the maximum total and annual283 standard deferred premium under 

subsection b.(1) not less than once during each 5-year period following 

August 20, 2003284 in accordance with the aggregate percentage change 

in the Consumer Price Index since–285

––––––––

281 Amended by P.L. 109–58, Title VI, § 606, 119 Stat. 781, (2005); Pub.L. 109–295, 

Title VI, § 612(c), 120 Stat. 1410 (2006). 282 Amended by P.L. 100–408, § 4(a), 102 Stat. 1068 (1988). 283 Amended by P.L. 109–58, Title VI, §§ 603(2)(A), (B), 119 Stat. 780 (2005). 284 Amended by P.L. 108–375, Div. C, Title XXXI, § 3141(D)(1)(A), 118 Stat. 2171 

(2004).

285 In accordance with the aggregate percentage change in the Consumer Price Index, as 

of April 2008, the new maximum total deferred premium is $111,900,000, and the 

maximum annual deferred premium is $17,500,000 (73 Fed. Reg. 56451; 

September 29, 2008). NOTE: Next change should be in 2013.
Atomic Energy Act of 1954 (P.L. 83–703) 131

(A) August 20, 2003,286 in the case of the first adjustment 

under this subsection; or

(B) the previous adjustment under this subsection.

(2) The Secretary shall adjust the amount of indemnification 

provided under an agreement of indemnification under subsection d. 

not less than once during each 5-year period following July 1, 2003, 

in accordance with the aggregate percentage change in the Consumer 

Price Index since–

(A) that date, in the case of the first adjustment under this 

paragraph; or

(B) the previous adjustment under this paragraph.

(3) For purposes of this subsection, the term “Consumer Price 

Index” means the Consumer Price Index for all urban consumers 

published by the Secretary of Labor.287

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

Arrangements288

a. The Commission shall, by rule, require any person proposing to 

enter into a contract, agreement, or other arrangement, whether by 

competitive bid or negotiation, under this Act or any other law 

administered by it for the conduct of research, development, evaluation 

activities, or for technical and management support services, to provide 

the Commission, prior to entering into any such contract, agreement, or 

arrangement, with all relevant information, as determined by the 

Commission, bearing on whether that person has a possible conflict of 

interest with respect to–

(1) being able to render impartial, technically sound, or objective 

assistance or advice in light of other activities or relationships with 

other persons, or

(2) being given an unfair competitive advantage. Such person 

shall insure, in accordance with regulations prescribed by the 

Commission, compliance with this section by any subcontractor 

(other than a supply subcontractor) or such person in the case of any 

subcontract for more than $10,000.

b. EVALUATION289–

(1) IN GENERAL290–Except as provided in paragraph (2)291, the 

Nuclear Regulatory Commission shall not enter into any such contract 

agreement or arrangement unless it finds, after evaluating all 

information provided under subsection a. And any other information 

otherwise available to the Commission that–

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

(B) such conflict has been avoided after appropriate conditions 

have been included in such contract, agreement, or arrangement; 

except that if the Commission determines that such conflict of 

interest exists and that such conflict of interest cannot be avoided 

by including appropriate conditions therein, the Commission may 

enter into such contract, agreement, or arrangement, if the 

––––––––

286 Amended by P.L. 109–58, Title VI, § 603(2)(C), 119 Stat. 780 (2005). 287 Amended by P.L. 109–58, Title VI, § 607, 119 Stat. 781 (2005), which redesignated 

former paragraph (2) as (3) and inserted a new paragraph (2). 288 Added by P.L. 95–601, § 8(a), 92 Stat. 2950 (1978). 289 Amended by P.L. 109–58, Title VI, § 639(2), 119 Stat. 794 (2005). 290 Amended by P.L. 109–58, Title VI, § 639(2), 119 Stat. 794 (2005), added 

paragraph (1) by inserting “(1) In general” following the subsection (b) heading, and 

redesignated former paragraph (1) as subparagraph (A). 291 Amended by P.L. 109–58, Title VI, § 639(2), 119 Stat. 794 (2005).

42 USC 2210a.

Conflict of 

interest.
132 Atomic Energy Act of 1954 (P.L. 83–703)

Commission determines that it is in the best interests of the United 

States to do so and includes appropriate conditions in such 

contract, agreement, or arrangement to mitigate such conflict.

(2)292 NUCLEAR REGULATORY COMMISSION.–

Notwithstanding any conflict of interest, the Nuclear Regulatory 

Commission may enter into a contract, agreement, or arrangement 

with the Department of Energy or the operator of a Department of 

Energy facility, if the Nuclear Regulatory Commission determines 

that–

(A) the conflict of interest cannot be mitigated; and

(B) adequate justification exists to proceed without mitigation 

of the conflict of interest.293

c. The Commission shall publish rules for the implementation of this 

section, in accordance with section 553 of title 5, United States Code 

(without regard to subsection (a)(2) thereof) as soon as practicable after 

the date of the enactment of this section, but in no event later than 120 

days after such date.

Sec. 170B. Uranium Supply294

a. The Secretary of Energy shall monitor and for the years 1983 to 

1992 report annually to the Congress and to the President a determination 

of the viability of the domestic uranium mining and milling industry and 

shall establish by rule, after public notice and in accordance with the 

requirements of section 181 of this Act, within 9 months of enactment of 

this section, specific criteria which shall be assessed in the annual reports 

on the domestic uranium industry’s viability. The Secretary of Energy is 

authorized to issue regulations providing for the collection of such 

information as the Secretary of Energy deems necessary to carry out the 

monitoring and reporting requirements of this section.

b. Upon a satisfactory showing to the Secretary of Energy by any 

person that any information, or portion thereof obtained under this 

section, would, if made public, divulge proprietary information of such 

person, the Secretary shall not disclose such information and disclosure 

thereof shall be punishable under section 1905 of title 18, United States 

Code.

c. The criteria referred to in subsection a. shall also include, but not be 

limited to–

(1) an assessment of whether executed contracts or options for 

source material or special nuclear material will result in greater than 

371⁄2 percent of actual or projected domestic uranium requirements for 

any two-consecutive-year period being supplied by source material or 

special nuclear material from foreign sources;

(2) projections of uranium requirements and inventories of 

domestic utilities for a 10 year period;

(3) present and probable future use of the domestic market by 

foreign imports;

(4) whether domestic economic reserves can supply all future 

needs for a future 10 year period;

(5) present and projected domestic uranium exploration 

expenditures and plans;

––––––––

292 Added by P.L. 109–58, Title VI, § 639(3), 119 Stat. 794 (2005). 293 Amended by P.L. 109–58, Title VI, § 639(1), 119 Stat. 794 (2005), which 

redesignated former paragraphs (1) and (2) as subparagraphs (A) and (B), respectively. 294 Added by P.L. 97–415, § 23(b)(1).

Publication.

42 USC 2210b.

42 USC 2231.

Report to 

Congress and 

President.

Regulations.

Proprietary 

information, 

disclosure.

Criteria.
Atomic Energy Act of 1954 (P.L. 83–703) 133

(6) present and projected employment and capital investment in 

the uranium industry;

(7) the level of domestic uranium production capacity sufficient to 

meet projected domestic nuclear power needs for a 10 year period; 

and

(8) a projection of domestic uranium production and uranium 

price levels which will be in effect under various assumptions with 

respect to imports.

d. The Secretary of Energy, at any time, may determine on the basis 

of the monitoring and annual reports required under this section that 

source material or special nuclear material from foreign sources is being 

imported in such increased quantities as to be a substantial cause of 

serious injury, or threat thereof, to the United States uranium mining and 

milling industry. Based on that determination, the United States Trade 

Representative shall request that the United States International Trade 

Commission initiate an investigation under section 201 of the Trade Act 

of 1974 (19 USC 2251).

e. (1) If, during the period 1982 to 1992, the Secretary of Energy 

determines that executed contracts or options for source material or 

special nuclear material from foreign sources for use in utilization 

facilities within or under the jurisdiction of the United States represent 

greater than 371⁄2 percent of actual or projected domestic uranium 

requirements for any two-consecutive-year period, or if the Secretary of 

Energy determines the level of contracts or options involving source 

material and special nuclear material from foreign sources may threaten 

to impair the national security, the Secretary of Energy shall request the 

Secretary of Commerce to initiate under section 232 of the Trade 

Expansion Act of 1962 (19 USC 1862) an investigation to determine the 

effects on the national security of imports of source material and special 

nuclear material. The Secretary of Energy shall cooperate fully with the 

Secretary of Commerce in carrying out such an investigation and shall 

make available to the Secretary of Commerce the findings that lead to 

this request and such other information that will assist the Secretary of 

Commerce in the conduct of the investigation.

(2) The Secretary of Commerce shall, in the conduct of any 

investigation requested by the Secretary of Energy pursuant to this 

section, take into account any information made available by the 

Secretary of Energy, including information regarding the impact on 

national security of projected or executed contracts or options for 

source material or special nuclear material from foreign sources or 

whether domestic production capacity is sufficient to supply projected 

national security requirements.

(3) No sooner than 3 years following completion of any 

investigation by the Secretary of Commerce under paragraph (1), if 

no recommendation has been made pursuant to such study for trade 

adjustments to assist or protect domestic uranium production, the 

Secretary of Energy may initiate a request for another such 

investigation by the Secretary of Commerce.

Imported 

material, 

impact on 

domestic 

industry and 

national 

security.

Investigations.
134 Atomic Energy Act of 1954 (P.L. 83–703)

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

Retirees295

a. IN GENERAL.–The Commission may waive the application of 

section 8344 or 8468 of title 5, United States Code, on a case-by-case 

basis for employment of an annuitant.–

(1) in a position of the Commission for which there is exceptional 

difficulty in recruiting or retaining a qualified employee; or

(2) when a temporary emergency hiring need exists.

b. PROCEDURES.–The Commission shall prescribe procedures for 

the exercise of authority under this section, including–

(1) criteria for any exercise of authority; and

(2) procedures for a delegation of authority.

c. EFFECT OF WAIVER.–An employee as to whom a waiver under 

this section is in effect shall not be considered an employee for purposes 

of subchapter II of chapter 83, or chapter 84, of title 5, United States 

Code.

Sec. 170D. Security Evaluations296

a. SECURITY RESPONSE EVALUATIONS.–Not less often than 

once every 3 years, the Commission shall conduct security evaluations at 

each licensed facility that is part of a class of licensed facilities, as the 

Commission considers to be appropriate, to assess the ability of a private 

security force of a licensed facility to defend against any applicable 

design basis threat.

b. FORCE-ON-FORCE EXERCISES.–

(1) The security evaluations shall include force-on-force exercises.

(2) The force-on-force exercises shall, to the maximum extent 

practicable, simulate security threats in accordance with any design 

basis threat applicable to a facility.

(3) In conducting a security evaluation, the Commission shall 

mitigate any potential conflict of interest that could influence the 

results of a force-on-force exercise, as the Commission determines to 

be necessary and appropriate.

c. ACTION BY LICENSEES.–The Commission shall ensure that an 

affected licensee corrects those material defects in performance that 

adversely affect the ability of a private security force at that facility to 

defend against any applicable design basis threat.

d. FACILITIES UNDER HEIGHTENED THREAT LEVELS.–The 

Commission may suspend a security evaluation under this section if the 

Commission determines that the evaluation would compromise security 

at a nuclear facility under a heightened threat level.

e. REPORT.–Not less often than once each year, the Commission 

shall submit to the Committee on Environment and Public Works of the 

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

Representatives a report, in classified form and unclassified form, that 

describes the results of each security response evaluation conducted and 

any relevant corrective action taken by a licensee during the previous 

year.

––––––––

295 Added by P.L. 109–58 § 624(a), 119 Stat. 783 (2005). 296 Added by P.L. 109–58, § 651(a)(1), 119 Stat. 799 (2005).

42 USC 2210c.

42 USC 2210d.

Deadline.
Atomic Energy Act of 1954 (P.L. 83–703) 135

Sec. 170E. Design Basis Threat Rulemaking297

a. RULEMAKING.–The Commission shall–

(1) not later than 90 days after the date of enactment of this 

section, initiate a rulemaking proceeding, including notice and 

opportunity for public comment, to be completed not later than 18 

months after that date, to revise the design basis threats of the 

Commission; or

(2) not later than 18 months after the date of enactment of this 

section, complete any ongoing rulemaking to revise the design basis 

threats.

b. FACTORS.–When conducting its rulemaking, the Commission 

shall consider the following, but not be limited to–

(1) the events of September 11, 2001;

(2) an assessment of physical, cyber, biochemical, and other 

terrorist threats;

(3) the potential for attack on facilities by multiple coordinated 

teams of a large number of individuals;

(4) the potential for assistance in an attack from several persons 

employed at the facility;

(5) the potential for suicide attacks;

(6) the potential for water-based and air-based threats;

(7) the potential use of explosive devices of considerable size and 

other modern weaponry;

(8) the potential for attacks by persons with a sophisticated 

knowledge of facility operations;

(9) the potential for fires, especially fires of long duration;

(10) the potential for attacks on spent fuel shipments by multiple 

coordinated teams of a large number of individuals;

(11) the adequacy of planning to protect the public health and 

safety at and around nuclear facilities, as appropriate, in the event of a 

terrorist attack against a nuclear facility; and

––––––––

297 Added by P.L. 109–58, § 651(a)(1), 119 Stat. 799 (2005). P.L. 109–58 states the 

following: (3) FEDERAL SECURITY COORDINATORS.– (A) REGIONAL OFFICES.–Not later than 18 months after the date of 

enactment of this Act, the Nuclear Regulatory Commission (referred to in this 

section as the ‘‘Commission’’) shall assign a Federal security coordinator, 

under the employment of the Commission, to each region of the Commission.

(B) RESPONSIBILITIES.–The Federal security coordinator shall be 

responsible for–

(i) communicating with the Commission and other Federal, State, and local 

authorities concerning threats, including threats against such classes of 

facilities as the Commission determines to be appropriate;

(ii) monitoring such classes of facilities as the Commission determines to be 

appropriate to ensure that they maintain security consistent with the security 

plan in accordance with the appropriate threat level; and

(iii) assisting in the coordination of security measures among the private 

security forces at such classes of facilities as the Commission determines to be 

appropriate and Federal, State, and local authorities, as appropriate.

(b) BACKUP POWER FOR CERTAIN EMERGENCY NOTIFICATION 

SYSTEMS.–For any licensed nuclear power plants located where there is a 

permanent population, as determined by the 2000 decennial census, in excess 

of 15,000,000 within a 50–mile radius of the power plant, not later than 

18 months after enactment of this Act, the Commission shall require that 

backup power to be available for the emergency notification system of the 

power plant, including the emergency siren warning system, if the alternating 

current supply within the 10–mile emergency planning zone of the power 

plant is lost.

42 USC 2210e.

Deadlines.
136 Atomic Energy Act of 1954 (P.L. 83–703)

(12) the potential for theft and diversion of nuclear materials from 

such facilities.

Sec. 170F. Recruitment Tools298

a. The Commission may purchase promotional items of nominal value 

for use in the recruitment of individuals for employment.

Sec. 170G. Expenses Authorized to be Paid by the Commission299

The Commission may–

(1) pay transportation, lodging, and subsistence expenses of 

employees who–

(A) assist scientific, professional, administrative, or technical 

employees of the Commission; and

(B) are students in good standing at an institution of higher 

education (as defined in section 102 of the Higher Education Act 

of 1965 (20 U.S.C. 1002)) pursuing courses related to the field in 

which the students are employed by the Commission; and

(2) pay the costs of health and medical services furnished, 

pursuant to an agreement between the Commission and the 

Department of State, to employees of the Commission and dependents 

of the employees serving in foreign countries.

Sec. 170H. Radiation Source Protection300

a. DEFINITIONS.–In this section:

(1) CODE OF CONDUCT.–The term ‘Code of Conduct’ 

means the code entitled the ‘Code of Conduct on the Safety and 

Security of Radioactive Sources’, approved by the Board of

Governors of the International Atomic Energy Agency and dated 

September 8, 2003.

(2) RADIATION SOURCE.–The term ‘radiation source’ 

means–

(A) a Category 1 Source or a Category 2 Source, as defined 

in the Code of Conduct; and

(B) any other material that poses a threat such that the 

material is subject to this section, as determined by the 

Commission, by regulation, other than spent nuclear fuel and 

special nuclear materials.

b. COMMISSION APPROVAL.–Not later than 180 days after the

date of enactment of this section, the Commission shall issue regulations 

prohibiting a person from–

(1) exporting a radiation source, unless the Commission has 

specifically determined under section 57 or 82, consistent with the 

Code of Conduct, with respect to the exportation, that–

(A) the recipient of the radiation source may receive and 

possess the radiation source under the laws and regulations of the 

country of the recipient;

(B) the recipient country has the appropriate technical and 

administrative capability, resources, and regulatory structure to 

ensure that the radiation source will be managed in a safe and 

secure manner; and

(C) before the date on which the radiation source is shipped–

(i) a notification has been provided to the recipient 

country; and

––––––––

298 Added by P.L. 109–58, § 651(c)(2), 119 Stat. 801 (2005). 299 Added by P.L. 109–58, § 651(c)(3), 119 Stat. 801 (2005). 300 Added by P.L. 109–58, § 651(d)(1), 119 Stat. 802 (2005).

42 USC 2210f.

42 USC 2210g.

42 USC 2210h.

Deadline.

Regulations.

Deadline.

Notification.
Atomic Energy Act of 1954 (P.L. 83–703) 137

(ii) a notification has been received from the recipient 

country; 

as the Commission determines to be appropriate;

(2) importing a radiation source, unless the Commission has

determined, with respect to the importation, that–

(A) the proposed recipient is authorized by law to receive the 

radiation source; and

(B) the shipment will be made in accordance with any 

applicable Federal or State law or regulation; and

(3) selling or otherwise transferring ownership of a radiation 

source, unless the Commission–

(A) has determined that the licensee has verified that the 

proposed recipient is authorized under law to receive the radiation 

source; and

(B) has required that the transfer shall be made in accordance 

with any applicable Federal or State law or regulation.

c. TRACKING SYSTEM.–

(1)(A) Not later than 1 year after the date of enactment of this 

section, the Commission shall issue regulations establishing a 

mandatory tracking system for radiation sources in the United 

States.

(B) In establishing the tracking system under subparagraph 

(A), the Commission shall coordinate with the Secretary of 

Transportation to ensure compatibility, to the maximum extent 

practicable, between the tracking system and any system 

established by the Secretary of Transportation to track the 

shipment of radiation sources.

(2) The tracking system under paragraph (1) shall–

(A) enable the identification of each radiation source by 

serial number or other unique identifier; 

(B) require reporting within 7 days of any change of 

possession of a radiation source;

(C) require reporting within 24 hours of any loss of control 

of, or accountability for, a radiation source; and

(D) provide for reporting under subparagraphs (B) and (C) 

through a secure Internet connection.

d. PENALTY.–A violation of a regulation issued under subsection a. 

or b. shall be punishable by a civil penalty not to exceed $1,000,000.

e. NATIONAL ACADEMY OF SCIENCES STUDY.–

(1) Not later than 60 days after the date of enactment of this 

section, the Commission shall enter into an arrangement with the 

National Academy of Sciences under which the National Academy of 

Sciences shall conduct a study of industrial, research, and commercial 

uses for radiation sources.

(2) The study under paragraph (1) shall include a review of uses of 

radiation sources in existence on the date on which the study is 

conducted, including an identification of any industrial or other 

process that–

(A) uses a radiation source that could be replaced with an 

economically and technically equivalent (or improved) process 

that does not require the use of a radiation source; or

(B) may be used with a radiation source that would pose a 

lower risk to public health and safety in the event of an accident or 

attack involving the radiation source.

Deadline.

Regulations.

Deadline.

Contracts.
138 Atomic Energy Act of 1954 (P.L. 83–703)

(3) Not later than 2 years after the date of enactment of this

section, the Commission shall submit to Congress the results of the 

study under paragraph (1).

f. TASK FORCE ON RADIATION SOURCE PROTECTION AND 

SECURITY.–

(1) There is established a task force on radiation source protection and 

security (referred to in this section as the ‘task force’).

(2)(A) The chairperson of the task force shall be the Chairperson of 

the Commission (or a designee).

(B) The membership of the task force shall consist of the 

following:

(i) The Secretary of Homeland Security (or a designee).

(ii) The Secretary of Defense (or a designee).

(iii) The Secretary of Energy (or a designee).

(iv) The Secretary of Transportation (or a designee).

(v) The Attorney General (or a designee).

(vi) The Secretary of State (or a designee).

(vii) The Director of National Intelligence (or a designee).

(viii) The Director of the Central Intelligence Agency (or a 

designee).

(ix) The Administrator of the Federal Emergency Management 

Agency (or a designee).301

(x) The Director of the Federal Bureau of Investigation (or a 

designee).

(xi) The Administrator of the Environmental Protection Agency 

(or a designee).

(3)(A) The task force, in consultation with Federal, State, and local 

agencies, the Conference of Radiation Control Program Directors, and 

the Organization of Agreement States, and after public notice and an 

opportunity for comment, shall evaluate, and provide recommendations 

relating to, the security of radiation sources in the United States from 

potential terrorist threats, including acts of sabotage, theft, or use of a 

radiation source in a radiological dispersal device.

(B) Not later than 1 year after the date of enactment of this 

section, and not less than once every 4 years thereafter, the task force 

shall submit to Congress and the President a report, in unclassified form 

with a classified annex if necessary, providing recommendations, 

including recommendations for appropriate regulatory and legislative 

changes, for–

(i) a list of additional radiation sources that should be required to 

be secured under this Act, based on the potential attractiveness of the 

sources to terrorists and the extent of the threat to public health and 

safety of the sources, taking into consideration–

(I) radiation source radioactivity levels;

(II) radioactive half-life of a radiation source;

(III) dispersability;

(IV) chemical and material form;

(V) for radioactive materials with a medical use, the 

availability of the sources to physicians and patients for medical 

treatment; and

(VI) any other factor that the Chairperson of the Commission 

determines to be appropriate;

––––––––

301 Amended by P.L. 109–295, Title VI, § 612(c), 120 Stat. 1410 (2006).

Deadline.

Establishment.

Deadlines.

Reports.
Atomic Energy Act of 1954 (P.L. 83–703) 139

(ii) the establishment of, or modifications to, a national system for 

recovery of lost or stolen radiation sources;

(iii) the storage of radiation sources that are not used in a safe and 

secure manner as of the date on which the report is submitted;

(iv) modifications to the national tracking system for radiation 

sources;

(v) the establishment of, or modifications to, a national system 

(including user fees and other methods) to provide for the proper 

disposal of radiation sources secured under this Act;

(vi) modifications to export controls on radiation sources to ensure 

that foreign recipients of radiation sources are able and willing to 

adequately control radiation sources from the United States;

(vii)(I) any alternative technologies available as of the date on 

which the report is submitted that may perform some or all of the 

functions performed by devices or processes that employ radiation 

sources; and

(II) the establishment of appropriate regulations and incentives 

for the replacement of the devices and processes described in 

subclause (I)–

(aa) with alternative technologies in order to reduce the 

number of radiation sources in the United States; or

(bb) with radiation sources that would pose a lower risk to 

public health and safety in the event of an accident or attack 

involving the radiation source; and

(viii) the creation of, or modifications to, procedures for 

improving the security of use, transportation, and storage of radiation 

sources, including–

(I) periodic audits or inspections by the Commission to ensure 

that radiation sources are properly secured and can be fully accounted 

for;

(II) evaluation of the security measures by the Commission;

(III) increased fines for violations of Commission regulations 

relating to security and safety measures applicable to licensees that 

possess radiation sources;

(IV) criminal and security background checks for certain 

individuals with access to radiation sources (including individuals 

involved with transporting radiation sources);

(V) requirements for effective and timely exchanges of 

information relating to the results of criminal and security background 

checks between the Commission and any State with which the 

Commission has entered into an agreement under section 274b.;

(VI) assurances of the physical security of facilities that 

contain radiation sources (including facilities used to temporarily 

store radiation sources being transported); and 

(VII) the screening of shipments to facilities that the 

Commission determines to be particularly at risk for sabotage of 

radiation sources to ensure that the shipments do not contain 

explosives.

g. ACTION BY COMMISSION.–Not later than 60 days after the date 

of receipt by Congress and the President of a report under subsection

f.(3)(B), the Commission, in accordance with the recommendations of the 

task force, shall–

(1) take any action the Commission determines to be appropriate, 

including revising the system of the Commission for licensing 

radiation sources; and

Deadline.
140 Atomic Energy Act of 1954 (P.L. 83–703)

(2) ensure that States that have entered into agreements with the 

Commission under section 274b. take similar action in a timely 

manner.

Sec. 170I. Secure Transfer of Nuclear Materials302

a. The Commission shall establish a system to ensure that 

materials described in subsection b., when transferred or received in 

the United States by any party pursuant to an import or export license 

issued pursuant to this Act, are accompanied by a manifest describing 

the type and amount of materials being transferred or received. Each 

individual receiving or accompanying the transfer of such materials 

shall be subject to a security background check conducted by 

appropriate Federal entities.

b. Except as otherwise provided by the Commission by regulation, 

the materials referred to in subsection a. are byproduct materials, 

source materials, special nuclear materials, high-level radioactive 

waste, spent nuclear fuel, transuranic waste, and low-level radioactive

waste (as defined in section 2(16) of the Nuclear Waste Policy Act of 

1982 (42 U.S.C. 10101(16)).

Chapter 15–Compensation for Private Property Acquired

Sec. 171. Just Compensation

The United States shall make just compensation for any property or 

interests therein taken or requisitioned pursuant to sections 43,303 55,304

66, and 108. Except in case of real property or any interest therein, the 

Commission shall determine and pay such just compensation. If the 

compensation so determined is unsatisfactory to the person entitled 

thereto, such person shall be paid 75 per centum of the amount so 

determined, and shall be entitled to sue the United States Court of Federal 

Claims,305 or in any district court of the United States for the district in 

which such claimant is a resident in the manner provided by section 1346 

of title 28 of the United States Code to recover such further sum as added 

to said 75 per centum will constitute just compensation.

––––––––

302 Added by P.L. 109–58, § 656(a), 119 Stat. 813 (2005). P.L. 109–58 states the 

following:

(b) REGULATIONS.–Not later than 1 year after the date of the enactment of 

this Act, and from time to time thereafter as it considers necessary, the 

Nuclear Regulatory Commission shall issue regulations identifying radioactive 

materials or classes of individuals that, consistent with the protection of public 

health and safety and the common defense and security, are appropriate 

exceptions to the requirements of section 170D302 of the Atomic Energy Act of 

1954, as added by subsection (a) of this section.

(c) EFFECTIVE DATE.–The amendment made by subsection (a) shall take 

effect upon the issuance of regulations under subsection (b), except that the 

background check requirement shall become effective on a date established by 

the Commission.

(d) EFFECT ON OTHER LAW.–Nothing in this section or the amendment 

made by this section shall waive, modify, or affect the application of 

chapter 51 of title 49, United States Code, part A of subtitle V of title 49, 

United States Code, part B of subtitle VI of title 49, United States Code, and 

title 23, United States Code. 303 Amended by P.L. 88–489, § 17, 78 Stat. 602 (1964), deleted the phrase “52 (with 

respect to the material for which the United States is required to pay just compensation),” 

after 43.

304 Amended by P.L. 88–489, §17, 78 Stat. 602 (1964), which added “55.” 305 Amended by P.L. 102–572, § 902(b)(1), 106 Stat. 4516 (1992).

42 USC 2210i.

Procedures

42 USC 2221.

Just 

compensation.
Atomic Energy Act of 1954 (P.L. 83–703) 141

Sec. 172. Condemnation of Real Property

Proceedings for condemnation shall be instituted pursuant to the 

provisions of the Act approved August 1, 1988, as amended and section 

1403 of title 28 of the United States Code. The Act approved February 

26, 1931, as amended, shall be applicable to any such proceedings.

Sec. 173. Patent Application Disclosures

In the event that the Commission communicates to any nation any 

Restricted Data based on any patent application not belonging to the

United States, just compensation shall be paid by the United States to the 

owner of the patent application. The Commission shall determine such 

compensation. If the compensation so determined is unsatisfactory to the 

person entitled thereto, such person shall be paid 75 per centum of the 

amount so determined, and shall be entitled to sue the United States 

Court of Federal Claims306 or in any district court of the United States for 

the district in which such claimant is a resident in a manner provided by 

section 1346 of title 28 of the United States Code to recover such further 

sum as added to such 75 per centum will constitute just compensation.

Sec. 174. Attorney General Approval of Title

All real property acquired under this Act shall be subject to the 

provisions of section 355 of the Revised Statutes, as amended: Provided, 

however, That real property acquired by purchase or donation, or other 

means of transfer may also be occupied, used, and improved for the 

purposes of this Act prior to approval of title by the Attorney General in 

those cases where the President determines that such action is required in 

the interest of the common defense and security.

Chapter 16–Judicial Review and Administrative Procedure

Sec. 181. General

The provisions of the Administrative Procedure Act (Public Law 404, 

Seventy-ninth Congress, approved June 11, 1946) shall apply to all 

agency action taken under this Act, and the terms “agency” and “agency 

action” shall have the meaning specified in the Administrative Procedure 

Act: Provided, however, That in the case of agency proceedings or 

actions which involve Restricted Data, defense information, safeguards 

information protected from disclosure under the authority of section 

147307 or information protected from dissemination under authority of 

section 148308 the Commission shall provide by regulation for such 

parallel procedures as will effectively safeguard and prevent disclosure of 

Restricted Data, defense information, or such safeguards information, or 

information protected from dissemination under the authority of section 

148 to unauthorized persons with minimum impairment of the procedural 

rights which would be available if Restricted Data, defense information, 

or such safeguards information, or information protected from 

dissemination under the authority of section 148 were not involved.

Sec. 182. License Applications

a. Each application for a license hereunder shall be in writing and 

shall specifically state such information as the Commission, by rule or 

regulation, may determine to be necessary to decide such of the technical 

and financial qualifications of the applicant, the character of the 

applicant, the citizenship of the applicant, or any other qualifications of 

––––––––

306 Amended by P.L. 102–572, § 902(b)(1), 106 Stat. 4516 (1992). 307 Amended by P.L. 96–295, § 207(b)(2), 94 Stat. 789 (1980). 308 Amended by P.L. 97–90, § 210(b), 95 Stat. 1163 (1981).

42 USC 2222.

Condemnation 

of real property.

40 USC 3113, 

3116, 3117, 

3118. 42 USC 2223.

Patent 

application 

disclosures.

42 USC 2224.

Attorney 

General 

approval of 

title.

40 USC 3111.

42 USC 2231.

General.

42 USC 2232.

License 

applications.
142 Atomic Energy Act of 1954 (P.L. 83–703)

the applicant as the Commission may deem appropriate for the license. In 

connection with applications for licenses to operate production or 

utilization facilities, the applicant shall state such technical specifications, 

including information of the amount, kind, and source of special nuclear 

material required, the place of the use, the specific characteristics of the 

facility, and such other information as the Commission may, by rule or 

regulation, deem necessary in order to enable it to find that the utilization 

or production of special nuclear material will be in accord with the 

common defense and security and will provide adequate protection to the 

health and safety of the public. Such technical specifications shall be a 

part of any license issued. The Commission may at any time after the 

filing of the original application, and before the expiration of the license, 

require further written statements in order to enable the Commission to 

determine whether the application should be granted or denied or whether 

a license should be modified or revoked. All applications and statements 

shall be signed by the applicant or licensee. Applications for, and 

statements made in connection with, licenses under sections 103 and 104 

shall be made under oath or affirmation. The Commission may require 

any other applications or statements to be made under oath or 

affirmation.309

b. The Advisory Committee on Reactor Safeguards shall review each 

application under section 103 or section 104 b. for a construction permit 

or an operating license for a facility, any application under section 104c. 

for a construction permit or an operating license for a testing facility, any 

application under section 104a. or c. specifically referred to it by the 

Commission, and any application for an amendment to a construction 

permit or an amendment to an operating license under section 103 or 

104a., b., or c. specifically referred to it by the Commission, and shall 

submit a report thereon which shall be made part of the record of the 

application and available to the public except to the extent that security 

classification prevents disclosure310

c. The Commission shall not issue any license under section 103 for a 

utilization or production facility for the generation of commercial power 

until it has given notice in writing to such regulatory agency as may have 

jurisdiction over the rates and services incident to the proposed activity; 

until it has published notice of the application in such trade or news 

publications as the Commission deems appropriate to give reasonable 

notice to municipalities, private utilities, public bodies, and cooperatives 

which might have a potential interest in such utilization or production 

facility; and until it has published notice of such application once each 

week for four consecutive weeks in the Federal Register, and until four 

weeks after the last notice.311

––––––––

309 Amended by P.L. 84–1006, § 5, 70 Stat. 1069 (1956). 310 Amended by P.L. 85–256, § 6, 71 Stat. 576 (1957), added subsection b and relettered 

former subsections b and c as subsections c and d. P.L. 87–615, § 3, 76 Stat. 409 (1962), 

amended subsection b. Before amendment, it read:

b. The Advisory Committee on Reactor Safeguards shall review each 

application under section 103 or 104b. for a license for a facility, any 

application under section 104c. for a testing facility, any application under 

section 104a. or c. specifically referred to it by the Commission, and shall 

submit a report thereon, which shall be made part of the record of the 

application and available to the public, except to the extent that security 

classification prevents disclosure. 311 Amended by P.L. 91–560, § 9, 84 Stat. 1472 (1970). Before amendment, it read as 

follows:

ACRS Report.

Commercial 

power.
Atomic Energy Act of 1954 (P.L. 83–703) 143

d. The Commission, in issuing any license for a utilization or 

production facility for the generation of commercial power under section 

103, shall give preferred consideration to applications for such facilities 

which will be located in high cost power areas in the United States if 

there are conflicting applications for a limited opportunity for such 

license. Where such conflicting applications resulting from limited 

opportunity for such license include those submitted by public or 

cooperative bodies such applications shall be given preferred 

consideration.

Sec. 183. Terms of Licenses

Each license shall be in such form and contain such terms and 

conditions as the Commission may, by rule or regulation, prescribe to 

effectuate the provisions of this Act, including the following provisions:

a. (Repealed)312

b. No right to the special nuclear material shall be conferred by the 

license except as defined by the license.

c. Neither the license nor any right under the license shall be assigned 

or otherwise transferred in violation of the provisions of this Act.

d. Every license issued under this Act shall be subject to the right of 

recapture or control reserved by section 108, and to all of the other 

provisions of this Act, now or hereafter in effect and to all valid rules and 

regulations of the Commission.

Sec. 184. Inalienability of Licenses

No license granted hereunder and no right to utilize or produce 

special nuclear material granted hereby shall be transferred, assigned or 

in any manner disposed of, either voluntarily or involuntarily, directly or 

indirectly, through transfer of control of any license to any person, unless 

the Commission shall, after securing full information, find that the 

transfer is in accordance with the provisions of this Act, and shall give its 

consent in writing. The Commission may give such consent to the 

creation of a mortgage, pledge, or other lien upon any facility or special 

nuclear material,313 owned or thereafter acquired by a licensee, or upon 

any leasehold or other interest to such facility,314 and the rights of the 

creditors so secured may thereafter be enforced by any court subject to 

rules and regulations established by the Commission to protect public 

health and safety and promote the common defense and security. 

Sec. 185. Construction Permits and Operating Licenses

a. All applicants for licenses to construct or modify production or 

utilization facilities shall, if the application is otherwise acceptable to the 

Commission, be initially granted a construction permit. The construction 

permit shall state the earliest and latest dates for the completion of the 

construction or modification. Unless the construction or modification of 

the facility is completed by the completion date, the construction permit 

 c. the Commission shall not issue any license for a utilization or production 

facility for the generation of commercial power under section 103, until it has 

given notice in writing to such regulatory agency as may have jurisdiction 

over the rates and services of the proposed activity, to municipalities, private 

utilities, public bodies, and cooperatives within transmission distance 

authorized to engage in the distribution of electric energy and until it has 

published notice of such application once each week for four consecutive 

weeks in the Federal Register, and until four weeks after the last notice. 312 Repealed by P.L. 88–489, § 18, 78 Stat. 602 (1964). Subsection a read as follows: 

“a. Title to all special nuclear material utilized or produced by facilities pursuant to the 

license, shall at all times be in the United States.”

313 Amended by P.L. 88–489, § 19, 78 Stat. 602 (1964). 314 Amended by P.L. 88–489, § 19, 78 Stat. 602 (1964).

42 USC 2233.

Terms of 

licenses.

42 USC 2234.

Inalienability 

of licenses.

42 USC 2235.

Construction 

permits.
144 Atomic Energy Act of 1954 (P.L. 83–703)

shall expire, and all rights thereunder be forfeited, unless upon good 

cause shown, the Commission extends the completion date. Upon the 

completion of the construction or modification of the facility, upon the 

filing of any additional information needed to bring the original 

application up to date, and upon finding that the facility authorized has 

been constructed and will operate in conformity with the application as 

amended and in conformity with the provisions of this Act and of the 

rules and regulations of the Commission, and in the absence of any good 

cause being shown to the Commission why the granting of a license 

would not be in accordance with the provisions of this Act, the 

Commission shall thereupon issue a license to the applicant. For all other 

purposes of this Act, a construction permit is deemed to be a “license.”

b. After holding a public hearing under section 189a.(1)(A), the 

Commission shall issue to the applicant a combined construction and 

operating license if the application contains sufficient information to 

support the issuance of a combined license and the Commission 

determines that there is reasonable assurance that the facility will be 

constructed and will operate in conformity with the license, the 

provisions of this Act, and the Commission’s rules and regulations. The 

Commission shall identify within the combined license the inspections, 

tests, and analyses, including those applicable to emergency planning, 

that the licensee shall perform, and the acceptance criteria that, if met, are 

necessary and sufficient to provide reasonable assurance that the facility 

has been constructed and will be operated in conformity with the license, 

the provisions of this Act, and the Commission’s rules and regulations. 

Following issuance of the combined license, the Commission shall ensure 

that the prescribed inspections, tests, and analyses are performed and, 

prior to operation of the facility, shall find that the prescribed acceptance 

criteria are met. Any finding made under this subsection shall not require 

a hearing except as provided in section 189a.(1)(B). 315

Sec. 186. Revocation

a. Any license may be revoked for any material false statement in the 

application or any statement of fact required under section 182, or 

because of conditions revealed by such application or statement of fact or 

any report, record, or inspection or other means which would warrant the 

Commission to refuse to grant a license on an original application, or for 

failure to construct or operate a facility in accordance with the terms of 

the construction permit or license or the technical specifications in the 

application, or for violation of, or failure to observe any of the terms and 

provisions of this Act or of any regulation of the Commission.

b. The Commission shall follow the provisions of section 9(b) of the 

Administrative Procedure Act in revoking any license.

c. Upon revocation of the license, the Commission may immediately 

retake possession of all special nuclear material held by the licensee. In 

cases found by the Commission to be of extreme importance to the 

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

Commission may recapture any special nuclear material held by the 

licensee or may enter upon and operate the facility prior to any of the 

––––––––

315 Amended by P.L. 102–486, 106 Stat. 3120 (1992), which added a new heading, 

subsection a. and a new b. 

NOTE: Sections 185 b. and 189 a.(1)(b) of the Atomic Energy Act of 1954, as added by 

P.L. 102–486, § 2801 and 2802, 106 Stat. 3120 (1992), shall apply to all proceedings 

involving a combined license for which an application was filed after May 8, 1991, under 

such sections.

42 USC 2236.

Revocation.

5 USC 558(b).

5 USC 551.
Atomic Energy Act of 1954 (P.L. 83–703) 145

procedures provided under the Administrative Procedures Act. Just 

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 to

amendment, revision, or modification, by reason of amendments of this 

Act, or by reason of rules and regulations issued in accordance with the 

terms of this Act.

Sec. 188. Continued Operation of Facilities

Whenever the Commission finds that the public convenience and 

necessity or the production program of the Commission requires 

continued operation of a production facility or utilization facility the 

license for which has been revoked pursuant to section 186, the 

Commission may, after consultation with the appropriate regulatory 

agency, State or Federal, having jurisdiction, order that possession be 

taken of and such facility be operated for such period of time as the 

public convenience and necessity or the production program of the 

Commission may, in the judgment of the Commission, require, or until a 

license for the operation of the facility shall become effective. Just 

compensation shall be paid for the use of the facility.

Sec. 189. Hearings and Judicial Review

a. (1)(A) In any proceeding under this Act, for the granting, 

suspending, revoking, or amending of any license or construction permit, 

or application to transfer control, and in any proceeding for the issuance 

or modification of rules and regulations dealing with the activities of 

licensees, and in any proceeding for the payment of compensation, an 

award, or royalties under section 153, 157, 186c., or 188, the 

Commission shall grant a hearing upon the request of any person whose 

interest may be affected by the proceeding, and shall admit any such 

person as a party to such proceeding. The Commission shall hold a 

hearing after thirty days’ notice and publication once in the Federal 

Register, on each application under section 103 or 104b. for a 

construction permit for a facility, and on any application under section 

104c. for a construction permit for a testing facility. In cases where such 

a construction permit has been issued following the holding of such a 

hearing, the Commission may, in the absence of a request therefor by any 

person whose interest may be affected, issue an operating license or an 

amendment to a construction permit or an amendment to an operating 

license without a hearing, but upon thirty days’ notice and publication 

once in the Federal Register of its intent to do so. The Commission may 

dispense with such thirty days’ notice and publication with respect to any 

application for an amendment to a construction permit or an amendment 

to an operating license upon a determination by the Commission that the 

amendment involves no significant hazards consideration.316

––––––––

316 Amended by P.L. 87–615 § 2, 76 Stat. 409 (1962). Before amendment, it read:

SEC. 189. HEARINGS AND JUDICIAL REVIEW.–

a. In any proceeding under this Act, for the granting, suspending, revoking, 

or amending of any license or construction permit, or application to transfer 

control, and in any proceeding for the issuance or modification of rules and 

regulations dealing with the activities of licensees, and in any proceeding for 

the payment of compensation, an award or royalties under section 153, 157, 

186c., or 188, the Commission shall grant a hearing upon the request of any 

person whose interest may be affected by the proceeding, and shall admit any 

such person as a party to such proceeding. The Commission shall hold a 

hearing after thirty days notice and publication once in the Federal Register on 

each application under section 103 or 104b. for a license for a facility, and on 

any application under section 104c. for a license for a testing facility.

42 USC 2237.

Modification of 

license.

42 USC 2238.

Continued 

operation of 

facilities.

42 USC 2239.

Hearings and 

judicial review.

Federal 

Register

Publication.
146 Atomic Energy Act of 1954 (P.L. 83–703)

(B)(i) Not less than 180 days before the date scheduled for 

initial loading of fuel into a plant by a licensee that has been 

issued a combined construction permit and operating license under 

section 185b., the Commission shall publish in the Federal 

Register notice of intended operation. That notice shall provide 

that any person whose interest may be affected by operation of the 

plant, may within 60 days request the Commission to hold a

hearing on whether the facility as constructed complies, or on 

completion will comply, with the acceptance criteria of the 

license.

(ii) A request for hearing under clause (i) shall show, prima 

facie, that one or more of the acceptance criteria in the 

combined license have not been, or will not be met, and the 

specific operational consequences of nonconformance that 

would be contrary to providing reasonable assurance of 

adequate protection of the public health and safety.

(iii) After receiving a request for a hearing under clause (i), 

the Commission expeditiously shall either deny or grant the 

request. If the request is granted, the Commission shall 

determine, after considering petitioners’ prima facie showing 

and any answers thereto, whether during a period of interim 

operation, there will be reasonable assurance of adequate 

protection of the public health and safety. If the Commission 

determines that there is such reasonable assurance, it shall 

allow operation during an interim period under the combined 

license.

(iv) The Commission, in its discretion, shall determine 

appropriate hearing procedures, whether informal or formal 

adjudicatory, for any hearing under clause (i), and shall state 

its reasons therefor.

(v) The Commission shall, to the maximum possible 

extent, render a decision on issues raised by the hearing 

request within 180 days of the publication of the notice 

provided by clause (i) or the anticipated date for initial loading 

of fuel into the reactor, whichever is later. Commencement of 

operation under a combined license is not subject to 

subparagraph (A).317

(2)(A) The Commission may issue and make immediately 

effective any amendment to an operating license or any amendment to 

a combined construction and operating license, upon a determination 

by the Commission that such amendment involves no significant 

hazards consideration, notwithstanding the pendency before the 

Commission of a request for a hearing from any person. Such 

amendment may be issued and made immediately effective in 

advance of the holding and completion of any required hearing. In 

determining under this section whether such amendment involves no 

significant hazards consideration, the Commission shall consult with 

 P.L. 85–256, § 7, 71 Stat. 576 (1957), had previously amended section 189 a. by adding the 

last sentence. P.L. 102–486, 106 Stat. 3120 (1992), added a subparagraph designator (A), to 

section 189 a.(1) and added a new subsection (B)(i). 317 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 1954, as added by 

P.L. 102–486, § 2801 and 2802, 106 Stat. 3120 (1992), shall apply to all proceedings 

involving a combined license for which an application was filed after May 8, 1991, under 

such sections.
Atomic Energy Act of 1954 (P.L. 83–703) 147

the State in which the facility involved is located. In all other respects 

such amendment shall meet the requirements of this Act.

(B) The Commission shall periodically (but not less frequently 

than once every thirty days) publish notice of any amendments 

issued, or proposed to be issued, as provided in subparagraph (A). 

Each such notice shall include all amendments issued, or proposed 

to be issued, since the date of publication of the last such periodic 

notice. Such notice shall, with respect to each amendment or 

proposed amendment (i) identify the facility involved; and (ii) 

provide a brief description of such amendment. Nothing in this 

subsection shall be construed to delay the effective date of any 

amendment.

(C) The Commission shall, during the ninety-day period 

following the effective date of this paragraph, promulgate 

regulations establishing (i) standards for determining whether any 

amendment to an operating license involves no significant hazards 

consideration; (ii) criteria for providing or, in emergency 

situations, dispensing with prior notice and reasonable opportunity 

for public comment on any such determination, which criteria 

shall take into account the exigency of the need for the 

amendment involved; and (iii) procedures for consultation on any 

such determination with the State in which the facility involved is 

located.318

b. The following Commission actions shall be subject to judicial 

review in the manner prescribed in chapter 158 of title 28, United States 

Code, and chapter 7 of title 5, United States Code:

(1) Any final order entered in any proceeding of the kind 

specified in subsection (a).

(2) Any final order allowing or prohibiting a facility to begin 

operating under a combined construction and operating license.

(3) Any final order establishing by regulation standards to govern 

the Department of Energy’s gaseous diffusion uranium enrichment 

plants, including any such facilities leased to a corporation established 

under the USEC Privatization Act.

(4) Any final determination under section 1701(c) relating to 

whether the gaseous diffusion plants, including any such facilities 

leased to a corporation established under the USEC Privatization Act, 

are in compliance with the Commission’s standards governing the 

gaseous diffusion plants and all applicable laws.319

Sec. 190. Licensee Incident Reports320

No report by any licensee of any incident arising out of or in 

connection with a licensed activity made pursuant to any requirement of 

the Commission shall be admitted as evidence in any suit or action for 

damages growing out of any matter mentioned in such report.

––––––––

318 Amended by P.L. 97–415, § 12, 96 Stat. 2067 (1983), by inserting (1) after 

subsection a. and by adding at end thereof new paragraphs (2)(A), (B), and (C). 319 Amended by P.L. 104–134, Title III, Ch. 1, Subch. A, § 3116(c), 110 Stat. 1321–349 

(1996), which substituted subsection b. for one which read:

b. Any final order entered in any proceeding of the kind specified in 

subsection (a) above or any final order allowing or prohibiting a facility to 

begin operating under a combined construction and operating license shall be 

subject to judicial review in the manner prescribed in the Act of 

December 29, 1950, as amended (Ch. 1189, 64 Stat. 1129), and to the 

provisions of section 10 of the Administrative Procedure Act, as amended. 320 Added by P.L. 87–206, § 16, 75 Stat. 475 (1961).

Notice 

publication.

Regulations 

establishing 

standards, 

criteria, 

and procedures.

42 USC 

2239(b).

42 USC 2240.
148 Atomic Energy Act of 1954 (P.L. 83–703)

Sec. 191. Atomic Safety and Licensing Board321

a. Notwithstanding the provisions of sections 7(a) and 8(a) of the 

Administrative Procedure Act, the Commission is authorized to establish 

one or more atomic safety and licensing boards, each comprised of three 

members, one of whom shall be qualified in the conduct of administrative 

proceedings and two of whom shall have such technical or other 

qualifications as the Commission deems appropriate to the issues to be 

decided, to conduct such hearings as the Commission may direct and 

make such intermediate or final decisions as the Commission may 

authorize with respect to the granting, suspending, revoking or amending 

of any license or authorization under the provisions of this Act, any other 

provision of law, or any regulation of the Commission issued 

thereunder.322

The Commission may delegate to a board such other regulatory 

functions as the Commission deems appropriate. The Commission may 

appoint a panel of qualified persons from which board members may be 

selected.

b. Board members may be appointed by the Commission from private 

life, or designated from the staff of the Commission or other Federal 

agency. Board members appointed from private life shall receive a per 

diem compensation for each day spent in meetings or conferences, and all 

members shall receive their necessary traveling or other expenses while 

engaged in the work of a board. The provisions of section 163 shall be 

applicable to board members appointed from private life.

Sec. 192. Temporary Operating License323

a. In any proceeding upon an application for an operating license for 

a utilization facility required to be licensed under section 103 or 104b. of 

this Act, in which a hearing is otherwise required pursuant to section 

189a., the applicant may petition the Commission for a temporary 

operating license for such facility authorizing fuel loading, testing, and 

operation at a specific power level to be determined by the Commission, 

pending final action by the Commission on the application. The initial 

petition for a temporary operating license for each such facility, and any 

temporary operating license issued for such facility based upon the initial 

petition, shall be limited to power levels not to exceed 5 percent of rated 

full thermal power. Following issuance by the Commission of the 

temporary operating license for each such facility, the licensee may file 

petitions with the Commission to amend the license to allow facility 

operation in staged increases at specific power levels, to be determined 

by the Commission, exceeding 5 percent of rated full thermal power. The 

initial petition for a temporary operating license for each such facility 

may be filed at any time after the filing of: (1) the report of the Advisory 

––––––––

321 Added by P.L. 87–615, § 1, 76 Stat. 409 (1962). 322 Amended by P.L. 91–560, § 10, 84 Stat. 1472 (1970). Before amendment, it read as 

follows:

Notwithstanding the provisions of sections 7(a) and 8(a) of the 

Administrative Procedure Act, the Commission is authorized to establish one 

or more atomic safety and licensing boards, each composed of three members, 

two of whom shall be technically qualified and one of whom shall be qualified 

in the conduct of administrative proceedings, to conduct such hearings as the 

Commission may direct and make such intermediate or final decisions as the 

Commission may authorize with respect to the granting, suspending, revoking 

or amending of any license or authorization under the provisions of this Act, 

any other provision of law, or any regulation of the Commission issued 

hereunder. 323 Added by P.L. 92–307, 86 Stat. 191 (1972). 

42 USC 2241.

Atomic Safety 

and Licensing 

Board

5 USC 556.

5 USC 557.

42 USC 2242.

Temporary 

licensing 

authority.

42 USC 2133.

42 USC 2134.

Initial petition.
Atomic Energy Act of 1954 (P.L. 83–703) 149

Committee on Reactor Safeguards required by section 182b.; (2) the 

filing of the initial Safety Evaluation Report by the Nuclear Regulatory 

Commission staff and the Nuclear Regulatory Commission staff’s first 

supplement to the report prepared in response to the report of the 

Advisory Committee on Reactor Safeguards for the facility; (3) the 

Nuclear Regulatory Commission staff’s final detailed statement on the 

environmental impact of the facility prepared pursuant to section 

102(2)(C) of the National Environmental Policy Act of 1969 (42 USC 

4332(2)(C)); and (4) a State, local, or utility emergency preparedness 

plan for the facility. Petitions for the issuance of a temporary operating 

license, or for an amendment to such a license allowing operation at a 

specific power level greater than that authorized in the initial temporary 

operating license, shall be accompanied by an affidavit or affidavits 

setting forth the specific fact upon which the petitioner relies to justify 

issuance of the temporary operating license or the amendment thereto. 

The Commission shall publish notice of each such petition in the Federal 

Register and in such trade or news publications as the Commission deems 

appropriate to give reasonable notice to persons who might have a 

potential interest in the grant of such temporary operating license or 

amendment thereto. Any person may file affidavits or statements in 

support of, or in opposition to, the petition within thirty days after the 

publication of such notice in the Federal Register.

b. With respect to any petition filed pursuant to subsection a. of this 

section, the Commission may issue a temporary operating license, or 

amend the license to authorize temporary operation at each specific 

power level greater than that authorized in the initial temporary operating 

license, as determined by the Commission, upon finding that–

(1) in all respects other than the conduct or completion of any 

required hearing, the requirements of law are met;

(2) in accordance with such requirements, there is reasonable 

assurance that operation of the facility during the period of the 

temporary operating license in accordance with its terms and 

conditions will provide adequate protection to the public health and 

safety and the environment during the period of temporary operation; 

and

(3) denial of such temporary operating license will result in delay 

between the date on which construction of the facility is sufficiently 

completed, in the judgment of the Commission, to permit issuance of 

the temporary operating license, and the date when such facility 

would otherwise receive a final operating license pursuant to this Act.

The temporary operating license shall become effective upon issuance 

and shall contain such terms and conditions as the Commission may 

deem necessary, including the duration of the license and any provision 

for the extension thereof. Any final order authorizing the issuance or 

amendment of any temporary operating license pursuant to this section 

shall recite with specificity the facts and reasons justifying the findings 

under this subsection, and shall be transmitted upon such issuance to the 

Committee on Natural Resources and on Energy and Commerce of the 

House of Representatives and the Committee on Environment and Public 

Works of the Senate. The final order of the Commission with respect to 

the issuance or amendment of a temporary operating license shall be 

subject to judicial review pursuant to chapter 158 of title 28, United 

States Code. The requirements of section 189a. of this Act with respect to 

the issuance or amendment of facility licenses shall not apply to the 

issuance or amendment of a temporary operating license under this 

section.

Affidavits.

Publication in 

Federal 

Register.

Final order, 

transmittal to 

congressional 

committees.

Judicial review.

28 USC 2341 

et seq.
150 Atomic Energy Act of 1954 (P.L. 83–703)

c. Any hearing on the application for the final operating license for a 

facility required pursuant to section 189a. shall be concluded as promptly 

as practicable. The Commission shall suspend the temporary operating 

license if it finds that the applicant is not prosecuting the application for 

the final operating license with due diligence. Issuance of a temporary 

operating license under subsection b. of this section shall be without 

prejudice to the right of any party to raise any issue in a hearing required 

pursuant to section 189a; and failure to assert any ground for denial or 

limitation of a temporary operating license shall not bar the assertion of 

such ground in connection with the issuance of a subsequent final 

operating license. Any party to a hearing required pursuant to section 

189a. on the final operating license for a facility for which a temporary 

operating license has been issued under subsection b., and any member of 

the Atomic Safety and Licensing Board conducting such hearing, shall 

promptly notify the Commission of any information indicating that the 

terms and conditions of the temporary operating license are not being 

met, or that such terms and conditions are not sufficient to comply with 

the provisions of paragraph (2) of subsection b.

d. The Commission is authorized and directed to adopt such 

administrative remedies as the Commission deems appropriate to 

minimize the need for issuance of temporary operating licenses pursuant 

to this section.

Hearing.
Atomic Energy Act of 1954 (P.L. 83–703) 151

e. The authority to issue new temporary operating licenses under this 

section shall expire on December 31, 1983.324

Sec. 193. Licensing of Uranium Enrichment Facilities325

(a) Environmental Impact Statement.–

(1) Major Federal Action.–The issuance of a license under 

sections 53 and 63 for the construction and operation of any uranium 

enrichment facility shall be considered a major Federal action 

significantly affecting the quality of the human environment for 

purposes of the National Environmental Policy Act of 1969 (42 USC 

4321 et seq.).

(2) Timing.–An environmental impact statement prepared under 

paragraph (1) shall be prepared before the hearing on the issuance of a 

license for the construction and operation of a uranium enrichment 

facility is completed.

(b) Adjudicatory Hearing.–

(1) In General.–The Commission shall conduct a single 

adjudicatory hearing on the record with regard to the licensing of the 

construction and operation of a uranium enrichment facility under 

sections 53 and 63.

(2) Timing.–Such hearing shall be completed and a decision 

issued before the issuance of a license for such construction and 

operation.

(3) Single Proceeding.–No further Commission licensing action 

shall be required to authorize operation.

––––––––

324 Amended by P.L. 103–437, § 15(f)(5), 108 Stat. 4581 (1994); P.L. 97–415, 

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 for a nuclear 

power reactor, in which a hearing is otherwise required pursuant to 

section 189a., the applicant may petition the Commission for a temporary 

operating license authorizing operation of the facility pending final action by 

the Commission on the application. Such petition may be filed at any time 

after filing of: (1) the report of the Advisory Committee on Reactor 

Safeguards required by subsection 182b.; (2) the safety evaluation of the 

application by the Commission’s regulatory staff; and (3) the regulatory staff’s 

final detailed statement on the environmental impact of the facility prepared 

pursuant to section 102(2)(C) of the National Environmental Policy Act of 

1969 (83 Stat. 853) or, in the case of an application for operating license filed 

on or before September 9, 1971, if the regulatory staff’s final detailed 

statement required under section 102(2)(C) is not completed, the Commission 

must satisfy the applicable requirements of the National Environmental Policy 

Act prior to issuing any temporary operating license under this section 192. 

The petition shall be accompanied by an affidavit or affidavits setting forth the 

facts upon which the petitioner relies to justify issuance of the temporary 

operating license. Any party to the proceeding may file affidavits in support 

of, or opposition to, the petition within fourteen days subject to judicial review 

pursuant to the Act of December 29, 1950, as amended (Ch. 1189, 

64 Stat. 1129).

c. The hearing on the application for the final operating license otherwise 

required pursuant to section 189a. shall be concluded as promptly as 

practicable. The Commission shall vacate the temporary operating license if it 

finds that the applicant is not prosecuting the application for the final 

operating license with due diligence. Issuance of a temporary operating license 

pursuant to subsection b. of this section shall be without prejudice to the 

position of any party to the proceeding in which a hearing is otherwise 

required pursuant to section 189a.; and failure to assert any ground for denial 

or limitation of a temporary operating license shall not bar the assertion of 

such ground in connection with the issuance of a subsequent final operating 

license.

d. The authority under this section shall expire on October 30, 1973. 325 Added by P.L. 101–575, 104 Stat. 2835 (1990).

Expiration date.

42 USC 2243.
152 Atomic Energy Act of 1954 (P.L. 83–703)

(c) Inspection and Operation.–Prior to commencement of operation of 

a uranium enrichment facility licensed hereunder, the Commission shall 

verify through inspection that the facility has been constructed in 

accordance with the requirements of the license for construction and 

operation. The Commission shall publish notice of the inspection results 

in the Federal Register.

(d) Insurance and Decommissioning.–“(1) The Commission shall 

require, as a condition of the issuance of a license under sections 53 and 

63 for a uranium enrichment facility, that the licensee have and maintain 

liability insurance of such type and in such amounts as the Commission 

judges appropriate to cover liability claims arising out of any occurrence 

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

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

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

radioactive, toxic, explosive, or other hazardous properties of chemical 

compounds containing source or special nuclear material.

(2) The Commission shall require, as a condition for the issuance 

of a license under sections 53 and 63 for a uranium enrichment 

facility, that the licensee provide adequate assurance of the 

availability of funds for the decommissioning (including 

decontamination) of such facility using funding mechanisms that may 

include, but are not necessarily limited to, the following:

(A) Prepayment (in the form of a trust, escrow account, 

government fund, certificate of deposit, or deposit of government 

securities).

(B) Surety (in the form of a surety or performance bond, letter 

of credit, or line of credit), insurance, or other guarantee 

(including parent company guarantee) method.

(C) External sinking fund in which deposits are made at least 

annually.

(e) No Price-Anderson Coverage.–Section 170 of this Act shall not 

apply to any license under section 53 or 63 for a uranium enrichment 

facility constructed after the date of enactment of this section.

(f)326 LIMITATION.–No license or certificate of compliance may be 

issued to the United States Enrichment Corporation or its successor under 

this section or section 53, 63, or 1701, if the Commission determines 

that–

(1) the Corporation is owned, controlled, or dominated by an 

alien, a foreign corporation, or a foreign government; or

(2) the issuance of such a license or certificate of compliance 

would be inimical to–

(A) the common defense and security of the United States; or

(B) the maintenance of a reliable and economical domestic 

source of enrichment services.

Chapter 17–Joint Committee on Atomic Energy

(Repealed327)

––––––––

326 Added by P.L. 104–134, Title III, Ch. 1, Subch. A, § 3116(b)(2), 110 Stat. 1321–349 

(1996).

327 Chapter 17 repealed by P.L. 95–110, 91 Stat. 884 (1977). Chapter 17 read as follows: JOINT COMMITTEE ON ATOMIC ENERGY

Sec. 201. Membership.–There is hereby established a Joint Committee on 

Atomic Energy to be composed of nine Members of the Senate to be 

appointed by the President of the Senate, and nine Members of the House of 

Claims.

Nuclear 

materials.

Federal Register

publication.
Atomic Energy Act of 1954 (P.L. 83–703) 153

 Representatives to be appointed by the Speaker of the House of 

Representatives. In each instance not more than five Members shall be 

members of the same political party.

Sec. 202. Authority and Duty.–

a. The Joint Committee shall make continuing studies of the activities of the 

Atomic Energy Commission and of problems relating to the development, use, 

and control of atomic energy. During the first ninetya days of each session of 

the Congress, the Joint Committee may conduct hearings in either open or 

executive session for the purpose of receiving information concerning the 

development, growth, and state of the atomic energy industryb The 

Commission shall keep the Joint Committee fully and currently informed with 

respect to all of the Commission’s activities. The Department of Defense shall 

keep the Joint Committee fully and currently informed with respect to all 

matters within the Department of Defense relating to the development, 

utilization, or application of atomic energy. Any Government agency shall 

furnish any information requested by the Joint Committee with respect to the 

activities or responsibilities of that agency in the field of atomic energy. All 

bills, resolutions, and other matters in the Senate or the House of 

Representatives relating primarily to the Commission or to the development, 

use, or control of atomic energy shall be referred to the Joint Committee. The 

members of the Joint Committee who are Members of the Senate shall from 

time to time report to the Senate, and the members of the Joint Committee 

who are Members of the House of Representatives shall from time to time 

report to the House, by bill or otherwise, their recommendations with respect 

to matters within the jurisdiction of their respective Houses which are referred 

to the Joint Committee or otherwise within the jurisdiction of the Joint 

Committee.

b. The members of the Joint Committee who are Members of the Senate and 

the Members of the Joint Committee who are Members of the House of 

Representatives shall, on or before June 30 of each year, report to their 

respective Houses on the development, use, and control of nuclear energy for 

the common defense and security and for peaceful purposes. Each report shall 

provide facts and information available to the Joint Committee concerning 

nuclear energy which will assist the appropriate committees of the Congress 

and individual members in the exercise of informed judgment on matters of 

weaponry; foreign policy; defense; international trade; and in respect to the 

expenditure and appropriation of Government revenues. Each report shall be 

presented formally under circumstances which provide for clarification and 

discussion by the Senate and the House of Representatives. In recognition of 

the need for public understanding, presentations of the reports shall be made to 

the maximum extent possible in open session and by means of unclassified 

written materials.

Sec. 203. Chairman.–Vacancies in the membership of the Joint Committee 

shall not affect the power of the remaining members to execute the functions 

of the Joint Committee, and shall be filled in the same manner as in the case of 

the original selection. The Joint Committee shall select a Chairman and a Vice 

Chairman from among its members at the beginning of each Congress. The 

Vice Chairman shall act in the place and stead of the Chairman in the absence 

of the Chairman. The Chairmanship shall alternate between the Senate and the 

House of Representatives with each Congress, and the Chairman shall be 

selected by the Members from that House entitled to the Chairmanship. The 

Vice Chairman shall be chosen from the House other than that of the 

Chairman by the Members from that House.

Sec. 204 Powers.–In carrying out its duties under this Act, the Joint 

Committee, or any duly authorized subcommittee thereof, is authorized to hold 

such hearings or investigations, to sit and act at such places and times to 

require, by subpoena or otherwise, the attendance of such witnesses and the 

production of such books, papers, and documents, to administer such oaths, to 

take such testimony, to procure such printing and binding, and to make such 

expenditures as it deems advisable. The Joint Committee may make such rules 

respecting its organization and procedures as it deems necessary: Provided, 

however, That no measure or recommendation shall be reported from the Joint 

Committee unless a majority of the committee assent. Subpoenas may be 

issued over the signature of the Chairman of the Joint Committee or by any 

member designated by him or by the Joint Committee, and may be served by 

such person or persons as may be designated by such Chairman or member. 

The Chairman of the Joint Committee or any member thereof may administer 
154 Atomic Energy Act of 1954 (P.L. 83–703)

Chapter 18–Enforcement

Sec. 221. General Provisions

a. To protect against the unlawful dissemination of Restricted Data 

and to safeguard facilities, equipment, materials, and other property of 

the Commission, the President shall have authority to utilize the services 

of any Government agency to the extent he may deem necessary or 

desirable.

b. The Federal Bureau of Investigation of the Department of Justice 

shall investigate all alleged or suspected criminal violations of this Act.

c. No action shall be brought against any individual or person for any 

violation under this Act unless and until the Attorney General of the 

United States has advised the Commission with respect to such action 

and no such action shall be commenced except by the Attorney General 

of the United States. And provided further, that nothing in this subsection 

shall be construed as applying to administrative action taken by the 

Commission.328

 oaths to witnesses. The Joint Committee may use a committee seal. The 

provisions of sections 102 to 104, inclusive, of the Revised Statutes, as 

amended, shall apply in case of any failure of any witness to comply with a 

subpoena or to testify when summoned under authority of this section. The 

expenses of the Joint Committee shall be paid from the contingent fund of the 

Senate from funds appropriated for the Joint Committee upon vouchers 

approved by the Chairman. The cost of stenographic service to report public 

hearings shall not be in excess of the amounts prescribed by law for reporting 

the hearings of standing committees of the Senate. The cost of stenographic 

service to report executive hearings shall be fixed at an equitable rate by the 

Joint Committee. Members of the Joint Committee, and its employees and 

consultants, while traveling on official business for the Joint Committee, may 

receive either the per diem allowance authorized to be paid to Members of 

Congress or its employees, or their actual and necessary expenses provided an 

itemized statement of such expenses is attached to the voucher.

Sec. 205. Staff and Assistance.– The Joint Committee is empowered to 

appoint and fix the compensation of such experts, consultants, technicians, and 

staff employees as it deems necessary and advisable. The Joint Committee is 

authorized to utilize the services, information, facilities, and personnel of the 

departments and establishments of the Government. The Joint Committee is 

authorized to permit such of its members, employees, and consultants as it 

deems necessary in the interest of common defense and security to carry 

firearms while in the discharge of their official duties for the committee.

Sec. 206. Classification of Information.– The Joint Committee may classify 

information originating within the committee in accordance with standards 

used generally by the executive branch for classifying Restricted Data or 

defense information.

Sec. 207. Records.– The Joint Committee shall keep a complete record of all 

committee actions, including a record of the votes on any question on which a 

record vote is demanded. All committee records, data, charts, and files shall be 

the property of the Joint Committee and shall be kept in the offices of the Joint 

Committee or other places as the Joint Committee may direct under such 

security safeguards as the Joint Committee shall determine in the interest of 

the common defense and security.

Chapter previously amended by P.L. 87–206, § 17, 75 Stat. 475 (1961); P.L. 88–294, 

78 Stat. 172 (1964), amended the second sentence of section 202. Before amendment, this 

sentence read:

During the first ninety days of each session of the Congress, the Joint 

Committee shall conduct hearings in either open or executive session for the 

purpose of receiving information concerning the development, growth, and 

state of the atomic energy industry. 

Subsection 202b. was added by P.L. 93–514, 88 Stat. 1611 (1974). 328 Amended by P.L. 101–647, § 1211, 104 Stat. 4789. 

42 USC 2271.

General

provisions.
Atomic Energy Act of 1954 (P.L. 83–703) 155

Sec. 222. Violations of Specific Sections

a. Whoever willfully violates, attempts to violate, or conspires to 

violate, any provisions of section 57 or 101, or whoever unlawfully 

interferes, attempts to interfere, or conspires to interfere with any 

recapture or entry under section 108, shall, upon conviction thereof, be 

punished by a fine of not more than $10,000 or by imprisonment for not 

more than ten years, or both, except that whoever commits such an 

offense with intent to injure the United States or with intent to secure an 

advantage to any foreign nation shall, upon conviction thereof, be 

punished by imprisonment for life, or by imprisonment for any term of 

years or a fine of not more than $20,000 or both.329

b.330 Any person who violates, or attempts or conspires to violate, 

section 92 shall be fined not more than $2,000,000 and sentenced to a 

term of imprisonment not less than 25 years or to imprisonment for life. 

Any person who, in the course of a violation of section 92, uses, attempts 

or conspires to use, or possesses and threatens to use, any atomic weapon 

shall be fined not more than $2,000,000 and imprisoned for not less than 

30 years or imprisoned for life. If the death of another results from a 

person's violation of section 92, the person shall be fined not more than 

$2,000,000 and punished by imprisonment for life.

Sec. 223. Violation of Sections Generally

a.331 Whoever willfully violates, attempts to violate, or conspires to 

violate, any provision of this Act for which no criminal332 penalty is 

specifically provided or of any regulation or order prescribed or issued 

under section 65 or subsection 161b., i., or o,333 shall, upon conviction 

thereof, be punished by a fine of not more than $5,000 or by 

imprisonment for not more than two years, or both, except that whoever 

commits such as offense with intent to injure the United States or with 

intent to secure an advantage to any foreign nation, shall, upon conviction 

thereof, be punished by a fine of not more than $20,000 or by 

imprisonment for not more than twenty years, or both.

b.334 Any individual director, officer, or employee of a firm 

constructing, or supplying the components of any utilization facility 

required to be licensed under section 103 or 104b. of this Act who by act 

or omission, in connection with such construction or supply, knowingly 

and willfully violates or causes to be violated, any section of this Act, any 

rule, regulation, or order issued thereunder, or any license condition, 

which violation results, or if undetected could have resulted, in a 

significant impairment of a basic component of such a facility shall, upon 

conviction, be subject to a fine of not more than $25,000 for each day of 

violation, or to imprisonment not to exceed two years, or both. If the 

conviction is for a violation committed after a first conviction under this 

subsection, punishment shall be a fine of not more than $50,000 per day 

of violation, or imprisonment for not more than two years, or both. For 

the purposes of this subsection, the term “basic component” means a 

facility structure, system, component or part thereof necessary to assure–

(1) the integrity of the reactor coolant pressure boundary,

––––––––

329 Amended by P.L. 91–161, § 2, 3(a), 83 Stat. 444 (1969); P.L. 108–458, 118 Stat 3771 

(2004).

330 Added by P.L. 108–458, 118 Stat. 3771 (2004). 331 Designated as subsection a. by P.L. 96–295, § 203, 94 Stat. 786 (1980). 332 Amended by P.L. 91–161, § 6, 83 Stat. 444 (1969). 333 Amended by P.L. 90–190, § 12, 81 Stat. 575 (1967). 334 Added by P.L. 96–295, § 203, 94 Stat. 786 (1980).

42 USC 2272.

Violation of 

specific 

sections.

42 USC 2273.

Violation of 

sections 

generally.

Basic 

component.
156 Atomic Energy Act of 1954 (P.L. 83–703)

(2) the capability to shut-down the facility and maintain it in a safe 

shut-down condition, or

(3) the capability to prevent or mitigate the consequences of 

accidents which could result in an unplanned offsite release of 

quantities of fission products in excess of the limits established by the 

Commission.

The provisions of this subsection shall be prominently posted at each 

site where a utilization facility required to be licensed under section 103 

or 104b. of the Act is under construction and on the premises of each 

plant where components for such a facility are fabricated.

c.335 Any individual director, officer or employee of a person 

indemnified under an agreement of indemnification under section 170d. 

(or of a subcontractor or supplier thereto) who, by act or omission, 

knowingly and willfully violates or causes to be violated any section of 

this Act or any applicable nuclear safety-related rule, regulation or order 

issued thereunder by the Secretary of Energy (or expressly incorporated 

by reference by the Secretary for purposes of nuclear safety, except any 

rule, regulation, or order issued by the Secretary of Transportation), 

which violation results in or, if undetected, would have resulted in a 

nuclear incident as defined in subsection 11q. shall, upon conviction, 

notwithstanding section 3571 of title 18, United States Code, be subject 

to a fine of not more than $25,000, or to imprisonment not to exceed two 

years, or both. If the conviction is for a violation committed after the first 

conviction under this subsection, notwithstanding section 3571 of title 18, 

United States Code, punishment shall be a fine of not more than $50,000, 

or imprisonment for not more than five years, or both.

Sec. 224. Communication of Restricted Data

Whoever, lawfully or unlawfully, having possession of, access to, 

control over, or being entrusted with any document, writing, sketch, 

photograph, plan, model, instrument, appliance, note, or information 

involving or incorporating Restricted Data–

a. communicates, transmits, or discloses the same to any individual or 

person, or attempts or conspires to do any of the foregoing, with intent to 

injure the United States or with intent to secure an advantage to any 

foreign nation, upon conviction thereof, shall be punished by 

imprisonment for life, or by imprisonment for any term of years or a fine

of not more than $100,000 or both;

b. communicates, transmits, or discloses the same to any individual or 

person, or attempts or conspires to do any of the foregoing, with reason to 

believe such data will be utilized to injure the United States or to secure 

an advantage to any foreign nation, shall, upon conviction, be punished 

by a fine of not more than $50,000 or imprisonment for not more than ten 

years, or both.336

Sec. 225. Receipt of Restricted Data

Whoever, with intent to injure the United States or with intent to 

secure an advantage to any foreign nation, acquires, or attempts or 

conspires to acquire any document, writing, sketch, photograph, plan, 

model, instrument, appliance, note, or information involving or 

––––––––

335 Added by P.L. 100–408, § 18, 102 Stat. 1066 (1988). 336 Amended by P.L. 79–585, § 10, 60 Stat. 766, (1946); P.L. 83–703, § 1, 68 Stat. 958 

(1954); P.L. 91–161, § 3(b), 83 Stat. 444 (1969); P.L. 102–486, Title IX, § 902(a)(8), 

106 Stat. 2944 (1992) (renumbered Title I); P.L. 106–65, Div. C, Title XXXI, § 3148(a), 

113 Stat. 938, October 5, 199l; P.L. 106–398, § 1, 114 Stat. 1654, October 30, 2000 

(Div, A, Title X, § 1087(g)(9)).

42 USC 2133.

42 USC 2134.

Contracts.

42 USC 2274.

Communication 

of restricted 

data.

42 USC 2275.

Receipt of 

restricted data.
Atomic Energy Act of 1954 (P.L. 83–703) 157

incorporating Restricted Data shall, upon conviction thereof, be punished 

by imprisonment for life, or by imprisonment for any term of years or a 

fine of not more than $100,000 or both.337

Sec. 226. Tampering with Restricted Data

Whoever, with intent to injure the United States or with intent to 

secure an advantage to any foreign nation, removes, conceals, tampers 

with, alters, mutilates, or destroys any document, writing, sketch, 

photograph, plan, model, instrument, appliance, or note involving or 

incorporating Restricted Data and used by any individual or person in 

connection with the production of special nuclear material, or research or 

development relating to atomic energy, conducted by the United States, 

or financed in whole or in part by Federal funds, or conducted with the 

aid of special nuclear material, shall be punished by imprisonment for 

life, or by imprisonment for any term of years or a fine of not more than 

$20,000 or both.

Sec. 227. Disclosure of Restricted Data

Whoever, being or having been an employee or member of the 

Commission, a member of the Armed Forces, an employee of any agency 

of the United States, or being or having been a contractor of the 

Commission or of an agency of the United States, or being or having 

been an employee of a contractor of the Commission or of an agency of 

the United States, or being or having been a licensee of the Commission, 

or being or having been an employee of a licensee of the Commission, 

knowingly communicates, or whoever conspires to communicate or to 

receive, any Restricted Data, knowing or having reason to believe that 

such data is Restricted Data, to any person not authorized to receive 

Restricted Data pursuant to the provisions of this Act or under rule or 

regulation of the Commission issued pursuant thereto, knowing or having 

reason to believe such person is not so authorized to receive Restricted 

Data shall, upon conviction thereof, be punishable by a fine of not more 

than $12,500.338

Sec. 228. Statute of Limitations

Except for a capital offense, no individual or person shall be 

prosecuted, tried, or punished for any offense prescribed or defined in 

sections 224 to 226, inclusive, of this Act, unless the indictment is found 

or the information is instituted within ten years next after such offense 

shall have been committed. 

Sec. 229. Trespass on Commission Installations339

a.(1) The Commission is authorized to issue regulations relating to the 

entry upon or carrying, transporting, or otherwise introducing or causing 

to be introduced any dangerous weapon, explosive, or other dangerous 

instrument or material likely to produce substantial injury or damage to 

persons or property, into or upon any facility, installation, or real property 

subject to the jurisdiction, administration, in the custody of the 

Commission, or subject to the licensing authority of the Commission or 

certification by the Commission under this chapter or any other Act,

(2) Every such regulation of the Commission shall be posted 

conspicuously at the location involved.340

––––––––

337 Amended by P.L. 106–65, Div. C, Title XXXI, Subtitle G, § 3148(b), 113 Stat. 938, 

(2000).

338 Amended by P.L. 106–65, Div. C., Title XXXI, Subtitle G, § 3148(a), 113 Stat. 938 

(1999), by substituting $12,500 for $2,500.

339 Amended by P.L. 84–1006, § 6, 70 Stat. 1069 (1956), added a new section 229. 340 Amended by P.L. 109–58, § 654(3)(B), 119 Stat. 812 (2005), redesignating the second 

sentence of subsection a. as paragraph (2).

42 USC 2276.

Tampering 

with restricted 

data.

42 USC 2277.

Disclosure of 

restricted data.

42 USC 2278.

Statute of 

limitations.

42 USC 2278a.

Trespass on 

Commission 

installations.
158 Atomic Energy Act of 1954 (P.L. 83–703)

b. Whoever shall willfully violate any regulation of the Commission 

issued pursuant to subsection a. shall, upon conviction thereof, be 

punishable by a fine of not more than $1,000.

c. Whoever shall willfully violate any regulation of the Commission 

issued pursuant to subsection a. with respect to any installation or other 

property which is enclosed by a fence, wall, floor, roof, or other structural 

barrier shall be guilty of a misdemeanor and upon conviction thereof 

shall be punished by a fine of not to exceed $5,000 or to imprisonment 

for not more than one year, or both.

Sec. 230. Photographing, etc., of Commission Installations341

It shall be an offense, punishable by a fine of not more than $1,000 or 

imprisonment for not more than one year, or both–

(1) to make any photograph, sketch, picture, drawing, map or 

graphical representation, while present on property subject to the 

jurisdiction, administration or in the custody of the Commission, of 

any installations or equipment designated by the President as 

requiring protection against the general dissemination of information 

relative thereto, in the interest of the common defense and security, 

without first obtaining the permission of the Commission, and 

promptly submitting the product obtained to the Commission for 

inspection or such other action as may be deemed necessary; or

(2) to use or permit the use of an aircraft or any contrivance used, 

or designed for navigation or flight in air, for the purpose of making a 

photograph, sketch, picture, drawing, map or graphical representation 

of any installation or equipment designated by the President as 

provided in the preceding paragraph, unless authorized by the 

Commission.

Sec. 231. Other Laws

Sections 224 to 230 shall not exclude the applicable provisions of any 

other laws.342

Sec. 232. Injunction Proceedings

Whenever in the judgment of the Commission any person has 

engaged or is about to engage in any acts or practices which constitute or 

will constitute a violation of any provision of this Act, or any regulation 

or order issued thereunder, the Attorney General on behalf of the United 

States may make application to the appropriate court for an order 

enjoining such acts or practices, or for an order enforcing compliance 

with such provision, and upon a showing by the Commission that such 

person has engaged or is about to engage in any such acts or practices, a 

permanent or temporary injunction, restraining order, or other order may 

be granted.343

Sec. 233. Contempt Proceedings

In case of failure or refusal to obey a subpoena served upon any 

person pursuant to subsection 161c., the district court for any district in 

which such person is found or resides or transacts business, upon 

application by the Attorney General on behalf of the United States, shall 

have jurisdiction to issue an order requiring such person to appear and 

give testimony or to appear and produce documents, or both, in 

––––––––

341 Added by P.L. 84–1006, § 6, 70 Stat. 1069 (1956). 342 Amended by P.L. 84–1006, § 7, 70 Stat 1069 (1956), redesignating former section 229 

as section 231. Before redesignation, section 229 read: “Sec. 229. Other Laws.– Sections 224 to 228 shall not exclude the applicable provisions of any other laws.” 343 Amended by P.L. 84–1006, § 6, 70 Stat. 1069 (1956), which renumbered former 

sections 230 and 231 to sections 232 and 233, respectively.

42 USC 2278b.

Photographing 

of Commission 

installations.

42 USC 2279.

Other laws.

42 USC 2280.

Injunction 

proceedings.

42 USC 2281.

Contempt 

proceedings.
Atomic Energy Act of 1954 (P.L. 83–703) 159

accordance with the subpoena; and any failure to obey such order of the 

court may be punished by such court as a contempt thereof.344

Sec. 234. Civil Monetary Penalties for Violations of Licensing 

Requirements345

a.346 Any person who (1) violates any licensing or certification347

provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, 109, or 

1701 or any rule, regulation, or order issued thereunder, or any term, 

condition, or limitation of any license or certification issued thereunder, 

or (2) commits any violation for which a license may be revoked under 

section 186, shall be subject to a civil penalty, to be imposed by the 

Commission, of not to exceed $100,000348 for each such violation.349 If 

any violation is a continuing one, each day of such violation shall 

constitute a separate violation for the purpose of computing the 

applicable civil penalty. The Commission shall have the power to 

compromise, mitigate, or remit such penalties.

b. Whenever the Commission has reason to believe that a person has 

become subject to the imposition of a civil penalty under the provisions 

of this section, it shall notify such person in writing (1) setting forth the 

date, facts, and nature of each act or omission with which the person is 

charged, (2) specifically identifying the particular provision or provisions 

of the section, rule, regulation, order, or license involved in the violation, 

and (3) advising of each penalty which the Commission proposes to 

impose and its amount. Such written notice shall be sent by registered or 

certified mail by the Commission to the last known address of such 

person. The person so notified shall be granted an opportunity to show in 

writing, within such reasonable period as the Commission shall by 

regulation prescribe, why such penalty should not be imposed. The notice 

shall also advise such person that upon failure to pay the civil penalty 

subsequently determined by the Commission, if any, the penalty may be 

collected by civil action.

c. On the request of the Commission, the Attorney General is 

authorized to institute a civil action to collect a penalty imposed pursuant 

to this section. The Attorney General shall have the exclusive power to 

compromise, mitigate, or remit such civil penalties as are referred to him 

for collection.

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

Energy Safety Regulations350

a. Any person who has entered into an agreement of indemnification 

under subsection 170d. (or any subcontractor or supplier thereto) who 

violates (or whose employee violates) any applicable rule, regulation or 

order related to nuclear safety prescribed or issued by the Secretary of 

Energy pursuant to this Act (or expressly incorporated by reference by 

the Secretary for purposes of nuclear safety, except any rule, regulation, 

or order issued by the Secretary of Transportation) shall be subject to a 

civil penalty of not to exceed $100,000 for each such violation. If any 

––––––––

344 Amended by P.L. 84–1006, § 6, 70 Stat. 1069 (1956), which renumbered former 

sections 230 and 231 to sections 232 and 233, respectively. 345 Added by P.L. 91–161, § 4, 83 Stat. 444 (1969). 346 Added by P.L. 100–408, § 17, 102 Stat. 1066 (1988). 347 Amended by P.L. 104–134, § 416, 110 Stat. 1321 (1996). 348 The NRC by rulemaking periodically enlarges this number to account for inflation 

pursuant to the Federal Civil Penalties Act of 1990, as amended. The current number is 

$140,000 (73 Fed. Reg. 54671; September 23, 2008). 349 Amended by P.L. 96–295, § 206, 94 Stat. 787 (1980). 350 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.

Civil penalties.

Written

notification.

42 USC 2282a.

Contracts.
160 Atomic Energy Act of 1954 (P.L. 83–703)

violation under this subsection is a continuing one, each day of such 

violation shall constitute a separate violation for the purpose of 

computing the applicable civil penalty.

b. (1) The Secretary shall have the power to compromise, modify or 

remit, with or without conditions, such civil penalties and to prescribe 

regulations as he may deem necessary to implement this section.

(2) In determining the amount of any civil penalty under this 

subsection, the Secretary shall take into account the nature, 

circumstances, extent, and gravity of the violation or violations and, 

with respect to the violator, ability to pay, effect on ability to continue 

to do business, any history of prior such violations, the degree of 

culpability, and such other matters as justice may require.351

c. (1) Before issuing an order assessing a civil penalty against any 

person under this section, the Secretary shall provide to such person 

notice of the proposed penalty. Such notice shall inform such person of 

his opportunity to elect in writing within thirty days after the date of 

receipt of such notice to have the procedures of paragraph (3) (in lieu of 

those paragraph (2)) apply with respect to such assessment.

(2) (A) Unless an election is made within thirty calendar days 

after receipt of notice under paragraph (1) to have paragraph (3) apply 

with respect to such penalty, the Secretary shall assess the penalty, by 

order, after a determination of violation has been made on the record 

after an opportunity for an agency hearing pursuant to section 554 of 

title 5, United States Code, before an administrative law judge 

appointed under section 3105 of such title 5. Such assessment order 

shall include the administrative law judge’s findings and the basis for 

such assessment.

(B) Any person against whom a penalty is assessed under this 

paragraph may, within sixty calendar days after the date of the 

order of the Secretary assessing such penalty, institute an action in 

the United States court of appeals for the appropriate judicial 

circuit for judicial review of such order in accordance with chapter 

7 of title 5, United States Code. The court shall have jurisdiction 

to enter a final judgment affirming, modifying or setting aside in 

whole or in part, the order of the Secretary, or the court may 

remand the proceeding to the Secretary for such further action as 

the court may direct.

(3) (A) In the case of any civil penalty with respect to which the 

procedures of this paragraph have been elected, the Secretary shall 

promptly assess such penalty, by order, after the date of the election 

under paragraph (1).

(B) If the civil penalty has not been paid within sixty calendar 

days after the assessment order has been made under 

subparagraph (A), the Secretary shall institute an action in the 

appropriate district court of the United States for an order 

affirming the assessment of the civil penalty. The court shall have 

authority to review de novo the law and facts involved, and shall 

have jurisdiction to enter a judgment enforcing, modifying, and 

enforcing as so modified, or setting aside in whole or in part, such 

assessment.

(C) Any election to have this paragraph apply may not be 

revoked except with consent of the Secretary.

––––––––

351 Amended by P.L. 109–58, § 610(a), 119 Stat. 781 (2005).

Courts, U.S.

Courts, U.S.
Atomic Energy Act of 1954 (P.L. 83–703) 161

(4) If any person fails to pay an assessment of a civil penalty after 

it has become a final and unappealable order under paragraph (2), or 

after the appropriate district court has entered final judgment in favor 

of the Secretary under paragraph (3), the Secretary shall institute an 

action to recover the amount of such penalty in any appropriate 

district court of the United States. In such action, the validity and 

appropriateness of such final assessment order or judgment shall not 

be subject to review.

d. (1) Notwithstanding subsection a., in the case of any not-for-profit 

contractor, subcontractor, or supplier, the total amount of civil penalties 

paid under subsection a. may not exceed the total amount of fees paid 

within any 1-year period (as determined by the Secretary) under the 

contract under which the violation occurs.

(2) For purposes of this section, the term ‘not-for-profit’ means 

that no part of the net earnings of the contractor, subcontractor, or 

supplier inures to the benefit of any natural person or for-profit 

artificial person.352

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

Energy Regulations Regarding Security of Classified or Sensitive 

Information or Data353

a. Any person who has entered into a contract or agreement with the 

Department of Energy, or a subcontract or subagreement thereto, and 

who violates (or whose employee violates) any applicable rule, 

regulation, or order prescribed or otherwise issued by the Secretary 

pursuant to this chapter relating to the safeguarding or security of 

Restricted Data or other classified or sensitive information shall be 

subject to a civil penalty of not to exceed $100,000 for each such 

violation.

b. The Secretary shall include in each contract with a contractor of the 

Department provisions which provide an appropriate reduction in the fees 

or amounts paid to the contractor under the contract in the event of a 

violation by the contractor or contractor employee of any rule, regulation, 

or order relating to the safeguarding or security of Restricted Data or 

other classified or sensitive information. The provisions shall specify 

––––––––

352 Amended by P.L. 109–58, § 610(a), (b), 119 Stat. 781 (2005), which struck out the 

last sentence: “In implementing this section, the Secretary shall determine by rule whether 

nonprofit educational institutions should receive aut matic remission of any penalty under 

this section”; and section 610(b), rewrote subsection (d), which formerly read:

(d) The provisions of this section shall not apply to:

(1) The University of Chicago (and any subcontractors or suppliers thereto) 

for activities associated with Argonne National Laboratory;

(2) The University of California (and any subcontractors or suppliers thereto) 

for activities associated with Los Alamos National Laboratory, Lawrence 

Livermore National Laboratory, and Lawrence Berkeley National Laboratory;

(3) American Telephone an [sic.; probably should read ‛and‛] Telegraph 

Company and its subsidiaries (and any subcontractors or suppliers thereto) for 

activities associated with Sandia National Laboratories;

(4) Universities Research Association, Inc. (and any subcontractors or 

suppliers thereto) for activities associated with FERMI National Laboratory;

(5) Princeton University (and any subcontractor or suppliers thereto) for 

activities associated with Princeton Plasma Physics Laboratory;

(6) The Associated Universities, Inc. (and any subcontractors or suppliers 

thereto) for activities associated with Pacific Northwest Laboratory.

NOTE: Effective and Applicability Provisions: P.L. 109–58, 119 Stat. 782 (2005), Title VI, 

§ 610(c), provided that: “The amendments made by this section shall not apply to any 

violation of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) occurring under a 

contract entered into before the date of enactment of this section.” 353 Added by P.L. 106–65, Div. C, Title XXXI, § 3147(a), 113 Stat. 937 (1999).

Courts, U.S.

Schools and 

colleges.

Corporations.

42 USC 2282b.
162 Atomic Energy Act of 1954 (P.L. 83–703)

various degrees of violations and the amount of the reduction attributable 

to each degree of violation.

c. The powers and limitations applicable to the assessment of civil 

penalties under section 2282a of this title, except for subsection (d) of 

that section, shall apply to the assessment of civil penalties under this 

section.

d. In the case of an entity specified in subsection (d) of section 2282a 

of this title--

(1) the assessment of any civil penalty under subsection (a) of this 

section against that entity may not be made until the entity enters into 

a new contract with the Department of Energy or an extension of a 

current contract with the Department; and 

(2) the total amount of civil penalties under subsection (a) of this 

section in a fiscal year may not exceed the total amount of fees paid 

by the Department of Energy to that entity in that fiscal year.

Sec. 235. Protection of Nuclear Inspectors354

a. Whoever kills any person who performs any inspections which–

(1) are related to any activity or facility licensed by the 

Commission, and

(2) are carried out to satisfy requirements under this Act or under 

any other Federal law governing the safety of utilization facilities 

required to be licensed under section 103 or 104b, or the safety of 

radioactive materials, shall be punished as provided under sections 

1111 and 1112 of title 18, United States Code. The preceding 

sentence shall be applicable only if such person is killed while 

engaged in the performance of such inspection duties or on account of 

the performance of such duties. 

b. Whoever forcibly assaults, resists, opposes, impedes, intimidates, 

or interferes with any person who performs inspections as described 

under subsection a. of this section, while such person is engaged in such 

inspection duties or on account of the performance of such duties, shall 

be punished as provided under section 111 of title 18, United States 

Code.

Sec. 236. Sabotage of Nuclear Facilities or Fuel

a. Any person who knowingly355 destroys or causes physical damage 

to–

(1) any production facility or utilization facility licensed under 

this Act;

(2) any nuclear waste treatment, storage, or disposal facility 

licensed under this Act;

(3) any nuclear fuel for a utilization facility licensed under this 

Act,356 or any spent nuclear fuel from such a facility;

(4) any uranium enrichment, uranium conversion, or nuclear fuel 

fabrication facility licensed or certified357 by the Nuclear Regulatory 

Commission;

––––––––

354 Added by P.L. 96–295, § 202(a), 94 Stat. 786 (1980). 355 Amended by P.L. 109–58, Title VI, § 655, 119 Stat. 813 (2005). 356 Amended by P.L. 109–58, Title VI, § 655, 119 Stat. 813 (2005), amended paragraph 3 

by deleting “such a utilization facility” and inserting “a utilization facility licensed under 

this act.”

357 Amended by P.L. 109–58, Title VI, section 655, 119 Stat. 813 (2005); P.L. 96–295, 

94 Stat. 787 (1980); P.L. 97–415, Title II, § 204(a), 96 Stat. 2076 (1983); P.L. 101–575, 

§ 16, 104 Stat. 2835 (1990); P.L. 102–486, § 5(d), 106 Stat. 2944 (1992); 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.
Atomic Energy Act of 1954 (P.L. 83–703) 163

(5) any production, utilization, waste storage, waste treatment, 

waste disposal, uranium enrichment, uranium conversion, or nuclear 

fuel fabrication facility subject to licensing or certification under this 

Act during construction of the facility, if the destruction or damage 

caused or attempted to be caused could adversely affect public health 

and safety during the operation of the facility;

(6) any primary facility or backup facility from which a 

radiological emergency preparedness alert and warning system is 

activated; or

(7) any radioactive material or other property subject to regulation 

by the Commission that, before the date of the offense, the 

Commission determines, by order or regulation published in the 

Federal Register, is of significance to the public health and safety or 

to common defense and security;358

or attempts or conspires to do such an act, shall be fined not more than 

$10,000 or imprisoned for not more than 20 years, or both, and, if death 

results to any person, shall be imprisoned for any term of years or for life.

b. Any person who knowingly359 causes an interruption of normal 

operation of any such facility through the unauthorized use of or 

tampering with the machinery, components, or controls of any such 

facility, or attempts or conspires to do such an act, shall be fined not more 

than $10,000 or imprisoned for not more than 20 years, or both, and, if 

death results to any person, shall be imprisoned for any term of years or 

for life.360

Chapter 19–Miscellaneous

Sec. 241. Transfer of Property

Nothing in this Act shall be deemed to repeal, modify, amend, or alter 

the provisions of section 9(a) of the Atomic Energy Act of 1946, as 

heretofore amended.361

Sec. 242. Cold Standby

The Secretary is authorized to expend such funds as may be necessary 

for the purposes of maintaining enrichment capability at the Portsmouth, 

Ohio, facility.362

Sec. 243. Scholarship and Fellowship Program

a. SCHOLARSHIP PROGRAM.–To enable students to study, for at 

least 1 academic semester or equivalent term, science, engineering, or 

another field of study that the Commission determines is in a critical skill 

area related to the regulatory mission of the Commission, the 

Commission may carry out a program to–

(1) award scholarships to undergraduate students who–

(A) are United States citizens; and

(B) enter into an agreement under subsection c. to be 

employed by the Commission in the area of study for which 

the scholarship is awarded.

b. FELLOWSHIP PROGRAM.–To enable students to pursue 

education in science, engineering, or another field of study that the 

––––––––

358 Paragraphs (5), (6), and (7) added by P.L. 109–58, Title VI, § 655, 119 Stat. 813 

(2005).

359 Amended by P.L. 109–58, Title VI, § 655, 119 Stat. 813 (2005). 360 Amended by P.L. 107–56, Title VIII, §§ 810(f), 811(h), 115 Stat. 380, 381 (2001). 361 Added by P.L. 83–703, 68 Stat. 960 (1954); Renumbered by P.L. 102–486, 

106 Stat. 2944 (1992). 362 Amended by P.L. 107–222, 116 Stat. 1336, (2002).

Penalties.

42 USC 2015.

Transfer of 

property.

42 USC 2015a.

42 USC 2015b.
164 Atomic Energy Act of 1954 (P.L. 83–703)

Commission determines is in a critical skill area related to its regulatory 

mission, in a graduate or professional degree program offered by an 

institution of higher education in the United States, the Commission may 

carry out a program to–

(1) award fellowships to graduate students who–

(A) are United States citizens; and

(B) enter into an agreement under subsection c. to be 

employed by the Commission in the area of study for which 

the fellowship is awarded.

c. REQUIREMENTS.–

(1) IN GENERAL.–As a condition of receiving a scholarship or 

fellowship under subsection a. or b., a recipient of the scholarship or 

fellowship shall enter into an agreement with the Commission under 

which, in return for the assistance, the recipient shall–

(A) maintain satisfactory academic progress in the studies of 

the recipient, as determined by criteria established by the 

Commission;

(B) agree that failure to maintain satisfactory academic 

progress shall constitute grounds on which the Commission may 

terminate the assistance;

(C) on completion of the academic course of study in 

connection with which the assistance was provided, and in 

accordance with criteria established by the Commission, engage in 

employment by the Commission for a period specified by the 

Commission, that shall be not less than 1 time and not more than 3 

times the period for which the assistance was provided; and

(D) if the recipient fails to meet the requirements of 

subparagraph (A), (B), or (C), reimburse the United States 

Government for–

(i) the entire amount of the assistance provided the 

recipient under the scholarship or fellowship; and

(ii) interest at a rate determined by the Commission.

(2) WAIVER OR SUSPENSION.–The Commission may establish 

criteria for the partial or total waiver or suspension of any obligation 

of service or payment incurred by a recipient of a scholarship or 

fellowship under this section.

d. COMPETITIVE PROCESS.–Recipients of scholarships or 

fellowships under this section shall be selected through a competitive 

process primarily on the basis of academic merit and such other criteria 

as the Commission may establish, with consideration given to financial 

need and the goal of promoting the participation of individuals identified 

in section 33 or 34 of the Science and Engineering Equal Opportunities 

Act (42 U.S.C. 1885a, 1885b.).

e. DIRECT APPOINTMENT.–The Commission may appoint 

directly, with no further competition, public notice, or consideration of 

any other potential candidate, an individual who has–

(1) received a scholarship or fellowship awarded by the 

Commission under this section; and

(2) completed the academic program for which the scholarship or 

fellowship was awarded.363

––––––––

363 Amended by P.L. 109–58, § 622, 119 Stat. 182 (2005).
Atomic Energy Act of 1954 (P.L. 83–703) 165

Sec. 244. Partnership Program with Institutions of Higher Education

a. DEFINITIONS.–In this section:

(1) HISPANIC-SERVING INSTITUTION.–The term ‛Hispanicserving institution‛ has the meaning given the term in section 502(a) 

of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)).

(2) HISTORICALLY BLACK COLLEGE AND UNIVERSITY.–

The term ‘historically Black college or university’ has the meaning 

given the term ‘part B institution’ in section 322 of the Higher 

Education Act of 1965 (20 U.S.C. 1061).

(3) TRIBAL COLLEGE.–The term ‘Tribal college’ has the 

meaning given the term ‘tribally controlled college or university’ in 

section 2(a) of the Tribally Controlled College or University 

Assistance Act of 1978 (25 U.S.C. 1801(a)).

b. PARTNERSHIP PROGRAM.–The Commission may establish and 

participate in activities relating to research, mentoring, instruction, and 

training with institutions of higher education, including Hispanic-serving 

institutions, historically Black colleges or universities, and Tribal 

colleges, to strengthen the capacity of the institutions–

(1) to educate and train students (including present or potential 

employees of the Commission); and

(2) to conduct research in the field of science, engineering, or law, 

or any other field that the Commission determines is important to the 

work of the Commission.364

Sec. 251. Report to Congress [Repealed]

365

The Commission shall submit to the Congress, in January of each 

year, a report concerning the activities of the Commission. The 

Commission shall include in such report, and shall at such other times as 

it deems desirable submit to the Congress, such recommendations for

additional legislation as the Commission deems necessary or desirable.

Sec. 261. Appropriations

a.366 No appropriation shall be made to the Commission, nor shall the 

Commission waive charges for the use of materials under the Cooperative 

––––––––

364 Amended by P.L. 109–58, Title VI, § 651(c)(4), 119 Stat. 802 (2005); P.L. 110–315, 

§ 941(k)(2)(L), made technical corrections resulting in no change in text. 365 Repealed by P.L. 105–85, Div. C, Title XXI, Subtitle D, § 3152(a), 111 Stat. 2042 

(1997). It provided for a report to Congress on the activities of the Atomic Energy 

Commission.

366 Amended by P.L. 88–72, section 107, 77 Stat. 84 (1963). Before amendment, this 

section read as follows:

Sec. 261. APPROPRIATIONS–– a. There are hereby authorized to be appropriated such sums as may be 

necessary and appropriate to carry out the provisions and purposes of this Act, 

except–– (1) Such as may be necessary for acquisition or condemnation of any real 

property or any facility or for plant or facility acquisition, construction or 

expansion: Provided, That for the purposes of this subsection a., any 

nonmilitary experimental reactor which is designed to produce more than 

10,000 thermal kilowatts of heat (except for intermittent excursions) or which 

is designed to be used in the production of electric power shall be deemed to 

be a facility.

(2) Such as may be necessary to carry out cooperative programs with persons 

for the development and construction of reactors for the demonstration of their 

use, in whole or in part, in the production of electric power or process heat, or 

for propulsion, or solely or principally for the commercial provision of 

byproduct material, irradiation, or other special services, for civilian use, by 

arrangements (including contracts, agreements, and loans) or amendments 

thereto, providing for the payment of funds, the rendering of services, and the 

undertaking of research and development without full reimbursement, the 

waiver of charges accompanying such arrangement, or the provision by the 

42 USC 2015c.

42 USC 2016.

Report to 

Congress.

42 USC 2017.
166 Atomic Energy Act of 1954 (P.L. 83–703)

Power Reactor Demonstration Program, unless previously authorized by 

legislation enacted by the Congress.367

b. Any Act appropriating funds to the Commission may appropriate 

specified portions thereof to be accounted for upon the certification of the 

Commission only.

c. Notwithstanding the provisions of subsection a., funds are hereby 

authorized to be appropriated for the restoration or replacement of any 

plant or facility destroyed or otherwise seriously damaged, and the 

Commission is authorized to use available funds for such purposes.

d. Funds authorized to be appropriated for any construction project to 

be used in connection with the development or production of special 

nuclear material or atomic weapons may be used to start another 

construction project not otherwise authorized if the substituted 

construction project is within the limit of cost of the construction project 

for which substitution is to be made, and the Commission certifies that–

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

security;

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

characteristics or weapon logistics operations; and

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

person on terms satisfactory to it to furnish from a privately owned 

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

project.

Sec. 271. Agency Jurisdiction

Nothing in this Act shall be construed to affect the authority or 

regulations of any Federal, State, or Local agency with respect to the 

generation, sale, or transmission of electric power produced through the 

use of nuclear facilities licensed by the Commission: Provided, That this 

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

agency any authority to regulate, control, or restrict any activities of the 

Commission.368

 Commission of any other financial assistance pursuant to such arrangement, or 

which involves the acquisition or condemnation of any real property or any 

facility or for plant or facility acquisition, construction or expansion 

undertaken by the Commission as a part of such arrangements.

b. The acts appropriating such sums may appropriate specified portions 

thereof to be accounted for upon the certification of the Commission only.

c. Funds are hereby authorized to be appropriated for advance planning, 

construction design, and architectural services in connection with any plant or 

facility not otherwise authorized, and for the restoration or replacement of any 

plant or facility destroyed or otherwise seriously damaged, and the 

Commission is authorized to use available funds for such purposes. 

d. Funds hereafter authorized to be appropriated for any project to be used in 

connection with the development or production of special nuclear material or 

atomic weapons may be used to start another project not otherwise authorized. 

If the substituted project is within the limit of cost of the project for which 

substitution is to be made, and the Commission certifies that–

(1) the substituted project is essential to the common defense and security;

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

weapon logistic operations; and

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

terms satisfactory to it to furnish from a privately owned plant or facility the 

product or services to be provided by the new project. 367 Excerpts from legislation appropriating funds to the Atomic Energy Commission and 

the U.S. Nuclear Regulatory Commission are set forth in NUREG 0980, Volume 2, 

Section 4. 368 Amended by P.L. 89–135, 79 Stat. 551 (1965). Before amendment, this section read as 

follows: “Sec. 271. AGENCY JURISDICTION–Nothing in this Act shall be construed to 

42 USC 2018.

Agency 

jurisdiction.
Atomic Energy Act of 1954 (P.L. 83–703) 167

Sec. 272. Applicability of Federal Power Act

Every licensee under this Act who holds a license from the 

Commission for a utilization of production facility for the generation of 

commercial electric energy under section 103 and who transmits such 

electric energy in interstate commerce or sells it as wholesale in interstate 

commerce shall be subject to the regulatory provisions of the Federal 

Power Act.

Sec. 273. Licensing of Government Agencies

Nothing in this Act shall preclude any Government agency now or 

hereafter authorized by law to engage in the production, marketing, or 

distribution of electric energy from obtaining a license under section 103, 

if qualified under the provisions of section 103, for the construction and 

operation of production of utilization facilities for the primary purpose of 

producing electric energy for disposition for ultimate public 

consumption.

Sec. 274. Cooperation with States369

a. It is the purpose of this section–

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

atomic energy, and to clarify the respective responsibilities under this 

Act of the States and the Commission with respect to the regulation of 

byproduct, source, and special nuclear materials;

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

between the States and the Commission with respect to control of 

radiation hazards associated with use of such materials;

(3) to promote an orderly regulatory pattern between the 

Commission and State governments with respect to nuclear 

development and use and regulation of byproduct, source, and special 

nuclear materials;

(4) to establish procedures and criteria for discontinuance of 

certain of the Commission’s regulatory responsibilities with respect to 

byproduct, source, and special nuclear materials, and the assumption 

thereof by the States;

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

standards for the guidance of Federal agencies and cooperation with 

the States; and

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

regulate effectively such materials, additional legislation may be 

desirable.

b. Except as provided in subsection c., the Commission is authorized 

to enter into agreements with the Governor of any State providing for 

discontinuance of the regulatory authority of the Commission under 

Chapters 6, 7, and 8, and section 161 of this Act, with respect to any one 

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 sufficient to form a 

critical mass.370

 affect the authority or regulations of any Federal, State, or local agency with respect to the 

generation, sale, or transmission of electric power.”

369 Added by P.L. 86–373, § 1, 73 Stat. 688 (1959). 370 Amended by P.L. 109–58, Title VI, § 651(e)(2), 119 Stat. 807 (2005), which revised 

paragraph (1), and renumbered paragraphs (3) and (4) of section 274 b. as paragraphs (2) 

and (3).

42 USC 2019.

Applicability of 

Federal Power 

Act.

42 USC 2020.

Licensing of 

Government 

agencies.

42 USC 2021.

Cooperation 

with States.

Agreements 

with States.
168 Atomic Energy Act of 1954 (P.L. 83–703)

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

State shall have authority to regulate the materials covered by the 

agreement for the protection of the public health and safety from 

radiation hazards.

c. No agreement entered into pursuant to subsection b. shall provide 

for discontinuance of any authority and the Commission shall retain 

authority and responsibility with respect to regulation of–

(1) the construction and operation of any production or utilization 

facility or any uranium enrichment facility;371

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

source, or special nuclear material, or of any production or utilization 

facility;

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

special nuclear waste materials as defined in regulations or orders of 

the Commission;

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

material as the Commission determines by regulation or order should, 

because of the hazards or potential hazards thereof, not be so disposed of 

without a license from the Commission.

The Commission shall also retain authority under any such agreement to 

make a determination that all applicable standards and requirements have 

been met prior to termination of a license for byproduct material, as 

defined in section 11e.(2).372 Notwithstanding any agreement between the 

Commission and any State pursuant to subsection b., the Commission is 

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

processor, or producer of any equipment, device, commodity, or other 

product containing source, byproduct, or special nuclear material shall 

not transfer possession or control of such product except pursuant to a 

license issued by the Commission.

d. The Commission shall enter into an agreement under subsection b. 

of this section with any State if–

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

program for the control of radiation hazards adequate to protect the 

public health and safety with respect to the materials within the State 

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

assume regulatory responsibility for such materials; and

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

with the requirements of subsection o. and in all other respects373

compatible with the Commission’s program for regulation of such 

materials, and that the State program is adequate to protect the public 

health and safety with respect to the materials covered by the 

proposed agreement.

e. (1) Before any agreement under subsection b. is signed by the 

Commission, the terms of the proposed agreement and of proposed 

exemptions pursuant to subsection f. shall be published once each week 

for four consecutive weeks in the Federal Register; and such opportunity 

for comment by interested persons on the proposed agreement and 

exemptions shall be allowed as the Commission determines by regulation 

or order to be appropriate.

(2) Each proposed agreement shall include the proposed effective 

date of such proposed agreement or exemptions. The agreement and 

––––––––

371 Amended by P.L. 102–486, 106 Stat. 2944 (1992). 372 Amended by P.L. 95–604, section 204(f), 92 Stat. 3038 (1978). 373 Amended by P.L. 95–604, section 904(b), 92 Stat. 3037 (1978).

42 USC 2014.

Conditions.

Publication in 

Federal 

Register.
Atomic Energy Act of 1954 (P.L. 83–703) 169

exemptions shall be published in the Federal Register within thirty 

days after signature by the Commission and the Governor.

f. The Commission is authorized and directed, by regulation or order, 

to grant such exemptions from the licensing requirements contained in 

Chapters 6, 7, and 8, and from its regulations applicable to licensees as 

the Commission finds necessary or appropriate to carry out any 

agreement entered into pursuant to subsection b. of this section.

g. The Commission is authorized and directed to cooperate with the 

States in the formulation of standards for protection against hazards of 

radiation to assure that State and Commission programs for protection 

against hazards of radiation will be coordinated and compatible.

h. The Administrator of the Environmental Protection Agency shall 

consult qualified scientists and experts in radiation matters, including the 

President of the National Academy of Sciences, the Chairman of the 

National Committee on Radiation Protection and Measurement, and 

qualified experts in the field of biology and medicine and in the field of 

health physics. The Special Assistant to the President for Science and 

Technology, or his designee, is authorized to attend meetings with, 

participate in the deliberations of, and to advise the Administrator. The 

Administrator shall advise the President with respect to radiation matters, 

directly or indirectly affecting health, including guidance for all Federal 

agencies in the formulation of radiation standards and in the 

establishment and execution of programs of cooperation with States. The 

Administrator shall also perform such other functions as the President 

may assign to him by Executive Order. 374

i. The Commission in carrying out its licensing and regulatory 

responsibilities under this Act is authorized to enter into agreements with 

any State, or group of States, to perform inspections or other functions on 

a cooperative basis as the Commission deems appropriate. The 

Commission is also authorized to provide training, with or without 

charge, to employees of, and such other assistance to, any such State or 

political subdivision thereof or group of States as the Commission deems 

appropriate. Any such provision or assistance by the Commission shall 

take into account the additional expenses that may be incurred by a State 

as a consequence of the State’s entering into an agreement with the 

Commission pursuant to subsection b.

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

and opportunity for hearing to the State with which an agreement under 

subsection b. has become effective, or upon request of the Governor of 

such State, may terminate or suspend all or part of its agreement with the 

State and reassert the licensing and regulatory authority vested in it under 

this Act, if the Commission finds that (1) such termination or suspension 

is required to protect the public health and safety, or (2) the State has not 

complied with one or more of the requirements of this section. The 

Commission shall periodically review such agreements and actions taken 

by the States under the agreements to insure compliance with the 

provisions of this section.375

(2)376 The Commission, upon its own motion or upon request of 

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

––––––––

374 Reorganization Plan No. 3 of 1970 abolished the Federal Radiation Council and 

transferred its functions to the Administrator of the Environmental Protection Agency. 375 Amended by P.L. 96–295, § 205, 94 Stat. 787 (1980); P.L. 95–604, § 204(d)(1), (2), 

and (3), 92 Stat. 3037 (1978), amended section 274j. 376 Added by P.L. 96–295, § 205, 94 Stat. 787 (1980).

Exemptions.

Licensing 

requirements.

Inspections.

Termination of 

agreement.
170 Atomic Energy Act of 1954 (P.L. 83–703)

temporarily suspend all or part of its agreement with the State without 

notice or hearing if, in the judgment of the Commission:

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

covered by such an agreement creating danger which requires 

immediate action to protect the health or safety of persons either 

within or outside of the State, and

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

eliminate the cause of the danger within a reasonable time after 

the situation arose.

A temporary suspension under this paragraph shall remain in effect 

only for such time as the emergency situation exists and shall authorize 

the Commission to exercise its authority only to the extent necessary to 

contain or eliminate the danger.

k. Nothing in this section shall be construed to affect the authority of 

any State or local agency to regulate activities for purposes other than 

protection against radiation hazards.

l. With respect to each application for Commission license 

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

continued pursuant to subsection c., the Commission shall give prompt 

notice to the State or States in which the activity will be conducted of the 

filing of the license application; and shall afford reasonable opportunity 

for State representatives to offer evidence, interrogate witnesses, and 

advise the Commission as to the application without requiring such 

representatives to take a position for or against the granting of the 

application.

m. No agreement entered into under subsection b., and no exemption 

granted pursuant to subsection f., shall affect the authority of the 

Commission under subsection 161b. or i.; to issue rules, regulations, or 

orders to protect the common defense and security, to protect restricted 

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

For purposes of subsection 161i., activities covered by exemptions 

granted pursuant to subsection f. shall be deemed to constitute activities 

authorized pursuant to this Act; and special nuclear material acquired by 

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

acquired pursuant to section 53.

n. As used in this section, the term “State” means any State, Territory, 

or possession of the United States, the Canal Zone, Puerto Rico, and the 

District of Columbia. As used in this section, the term “agreement” 

includes any amendment to any agreement.377

o.378 In the licensing and regulation of byproduct material, as defined 

in section 11e. (2) of this Act, or of any activity which results in the 

production of byproduct material as so defined under an agreement 

entered into pursuant to subsection b., a State shall require–

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

83 (respecting ownership of byproduct material and land), and

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

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

from hazards associated with such material which are equivalent, to 

the extent practicable, or more stringent than, standards adopted and 

enforced by the Commission for the same purpose, including 

requirements and standards promulgated by the Commission and the 

––––––––

377 Amended by P.L. 95–604, § 204(c), 92 Stat. 3037 (1978). 378 Added by P.L. 95–604, § 204(e), 92 Stat. 3037 (1978).

Notice of 

filing.

Agreement.

Definition.
Atomic Energy Act of 1954 (P.L. 83–703) 171

Administrator of the Environmental Protection Agency pursuant to 

sections 83, 84, and 275, and

(3) procedures which–

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

which include–

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

comments and a public hearing, with a transcript,

(ii) an opportunity for cross examination, and

(iii) a written determination which is based upon findings 

included in such determination and upon the evidence 

presented during the public comment period and which is 

subject to judicial review;

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

public participation through written comments or a public hearing 

and provide for judicial review of the rule;

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

the human environment a written analysis (which shall be 

available to the public before the commencement of any such 

proceedings) of the impact of such license, including any activities 

conducted pursuant thereto, on the environment, which analysis 

shall include–

(i) an assessment of the radiological and nonradiological 

impacts to the public health of the activities to be conducted 

pursuant to such license;

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

groundwater resulting from such activities;

(iii) consideration of alternatives, including alternative 

sites and engineering methods, to the activities to be conducted 

pursuant to such license; and

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

decommissioning, decontamination, and reclamation impacts, 

associated with activities to be conducted pursuant to such 

license, including the management of any byproduct material, 

as defined by section 11e.(2); and

(D) prohibit any major construction activity with respect to 

such material prior to complying with the provisions of 

subparagraph (C).

If any State under such agreement imposes upon any licensee any 

requirement for the payment of funds to such State for the reclamation or 

long-term maintenance and monitoring of such material, and if transfer to 

the United States of such material is required in accordance with section 

83b. of this Act, such agreement shall be amended by the Commission to 

provide that such State shall transfer to the United States upon 

termination of the license issued to such licensee the total amount 

collected by such State from such licensee for such purpose. If such 

payments are required, they must be sufficient to ensure compliance with 

the standards established by the Commission pursuant to section 161x. of 

this Act. No State shall be required under paragraph (3) to conduct 

proceedings concerning any license or regulation which would duplicate 

proceedings conducted by the Commission.

In adopting requirements pursuant to paragraph (2) of this subsection 

with respect to sites at which ores are processed primarily for their source 

material content or which are used for the disposal of byproduct material 

as defined in section 11e.(2), the State may adopt alternatives (including, 

where appropriate, site-specific alternatives) to the requirements adopted 

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

42 USC 2201.

42 USC 2014.
172 Atomic Energy Act of 1954 (P.L. 83–703)

opportunity for public hearing, the Commission determines that such

alternatives will achieve a level of stabilization and containment of the 

sites concerned, and a level of protection for public health, safety, and the 

environment from radiological and nonradiological hazards associated 

with such sites, which is equivalent to, to the extent practicable, or more 

stringent than the level which would be achieved by standards and 

requirements adopted and enforced by the Commission for the same 

purpose and any final standards promulgated by the Administrator of the 

Environmental Protection Agency in accordance with section 275. Such

alternative State requirements may take into account local or regional 

conditions, including geology, topography, hydrology and 

meteorology.379

Sec. 275. Health and Environmental Standards for Uranium Mill 

Tailings380

a. As soon as practicable, but not later than October 1, 1982,381 the 

Administrator of the Environmental Protection Agency (hereinafter 

referred to in this section as the “Administrator”) shall, by rule, 

promulgate standards of general application (including standards 

applicable to licenses under section 104(h) of the Uranium Mill Tailings 

Radiation Control Act of 1978) for the protection of the public health, 

safety, and the environment from radiological and nonradiological 

hazards associated with residual radioactive materials (as defined in 

section 101 of the Uranium Mill Tailings Radiation Control Act of 1978) 

located at inactive uranium mill tailings sites and depository sites for 

such materials selected by the Secretary of Energy, pursuant to title I of 

the Uranium Mill Tailings Radiation Control Act of 1978. Standards 

promulgated pursuant to this subsection shall, to the maximum extent 

practicable, be consistent with the requirements of the Solid Waste 

Disposal Act, as amended. In establishing such standards, the 

Administrator shall consider the risk to the public health, safety, and the 

environment, the environmental and economic costs of applying such 

standards, and such other factors as the Administrator determines to be 

appropriate.382 The Administrator may periodically revise any standard 

promulgated pursuant to this subsection. After October 1, 1982, if the 

Administrator has not promulgated standards in final form under this 

subsection, any action of the Secretary of Energy under title I of the 

Uranium Mill Tailings Radiation Control Act of 1978 which is required 

to comply with, or be taken in accordance with, standards of the 

Administrator shall comply with, or be taken in accordance with, the 

standards proposed by the Administrator under this subsection until such 

time as the Administrator promulgates such standards in final form.383

b.(1) As soon as practicable, but not later than October 31, 1982, the 

Administrator shall, by rule, propose and within 11 months thereafter 

promulgate in final form, standards, general application for the protection 

of the public health, safety, and the environment from radiological and 

non-radiological hazards associated with processing and with the 

possession, transfer, and disposal of byproduct material, as defined in 

section 11e.(2) of this Act, at sites at which ores are processed primarily 

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

––––––––

379 This paragraphs was added by P.L. 97–415, § 19, 96 Stat. 2067 (1983). 380 Added by P.L. 95–604, § 206(a), 92 Stat. 3039 (1978), added section 275. 381 Amended by P.L. 97–415, § 18, 96 Stat. 2067 (1983). 382 Amended by P.L. 97–415, § 22, 96 Stat. 2067 (1983). 383 Amended by P.L. 97–415, § 18, 96 Stat. 2067 (1983).

42 USC 2022.

42 USC 2022.

Rule.

42 USC 2014.

42 USC 6901 

note.

42 USC 7911.
Atomic Energy Act of 1954 (P.L. 83–703) 173

such byproduct material. If the Administrator fails to promulgate 

standards in final form under this subsection by October 1, 1983, the 

authority of the Administrator to promulgate such standards shall 

terminate, and the Commission may take actions under this Act without 

regard to any provision of this Act requiring such actions to comply with, 

or be taken in accordance with, standards promulgated by the 

Administrator. In any such case, the Commission shall promulgate, and 

from time to time revise, any such standards of general application which 

the Commission deems necessary to carry out its responsibilities in the 

conduct of its licensing activities under this Act. Requirements 

established by the Commission under this Act with respect to byproduct 

material as defined in section 11e.(2) shall confirm to such standards. 

Any requirements adopted by the Commission respecting such byproduct 

material before promulgation by the Commission of such standards shall 

be amended as the Commission deems necessary to conform to such 

standards in the same manner as provided in subsection f.(3). Nothing in 

this subsection shall be construed to prohibit or suspend the 

implementation or enforcement by the Commission of any requirement of 

the Commission respecting byproduct material as defined in section 

11e.(2) pending promulgation by the Commission of any such standard of 

general application. In establishing such standards, the Administrator 

shall consider the risk to the public health, safety, and the environment, 

the environmental and economic costs of applying such standards, and 

such other factors as the Administrator determines to be appropriate.384

(2) Such generally applicable standards promulgated pursuant to this 

subsection for nonradiological hazards shall provide for the protection of 

human health and the environment consistent with the standards required 

under subtitle C of the Solid Waste Disposal Act, as amended, which are 

applicable to such hazards: Provided, however, That no permit issued by 

the Administrator is required under this Act or the Solid Waste Disposal 

Act, as amended, for the processing, possession, transfer, or disposal of 

byproduct material, as defined in section 11e.(2) of this Act. The 

Administration may periodically revise any standard promulgated 

pursuant to this subsection. Within three years after such revision of any 

such standard, the Commission and any State permitted to exercise 

authority under section 274b.(2) shall apply such revised standard in the 

case of any license for byproduct material as defined in section 11e.(2) or 

any revision thereof.

c. (1) Before the promulgation of any rule pursuant to this section, the 

Administrator shall publish the proposed rule in the Federal Register, 

together with a statement of the research, analysis, and other available 

information in support of such proposed rule, and provide a period of 

public comment of at least thirty days for written comments thereon and 

an opportunity, after such comment period and after public notice, for 

any interested person to present oral data, views, and arguments at a 

public hearing. There shall be a transcript of any such hearing. The 

Administrator shall consult with the Commission and the Secretary of 

Energy before promulgation of any such rule.

(2) Judicial review of any rule promulgated under this section may be 

obtained by any interested person only upon such person filing a petition 

for review within sixty days after such promulgation in the United States 

––––––––

384 Amended by P.L. 97–415, §§ 18, 22, 96 Stat. 2067 (1983); added this language at the 

end of subsection b.

42 USC 2021.

Promulgation 

authority.

42 USC 2014.

Consultation.

Notice, hearing 

opportunity.

Publication in 

Federal 

Register.

Judicial review.
174 Atomic Energy Act of 1954 (P.L. 83–703)

court of appeals for the Federal judicial circuit in which such person 

resides or has his principal place of business. A copy of the petition shall 

be forthwith transmitted by the clerk of the court to the Administrator. 

The Administrator thereupon shall file in the court the written submission 

to, and transcript of, the written or oral proceedings on which such rule 

was based as provided in section 2112 of title 28, United States Code. 

The court shall have jurisdiction to review the rule in accordance with 

chapter 7 of title 5, United States Code, and to grant appropriate relief as 

provided in such chapter. The judgment of the court affirming, 

modifying, or setting aside, in whole or in part, any such rule shall be 

final, subject to judicial review by the Supreme Court of the United 

States upon certiorari or certification as provided in section 1254 of title 

28, United States Code.

(3) Any rule promulgated under this section shall not take effect 

earlier than sixty calendar days after such promulgation.

d. Implementation and enforcement of the standards promulgated 

pursuant to subsection b. of this section shall be the responsibility of the 

Commission in the conduct of its licensing activities under this Act. 

States exercising authority pursuant to section 274b.(2) of this Act shall 

implement and enforce such standards in accordance with subsection o. 

of such section.

e. Nothing in this Act applicable to byproduct material, as defined in 

section 11e.(2) of this Act, shall affect the authority of the Administrator 

under the Clean Air Act of 1970, as amended, or the Federal Water 

Pollution Control Act, as amended.

f.385(1) Prior to January 1, 1983, the Commission shall not implement 

or enforce the provisions of the Uranium Mill Licensing Requirements 

published as final rules at 45 Federal Register 65521 to 65538 on October

3, 1980 (hereinafter in this subsection referred to as the “October 3 

regulations”) After December 31, 1982, the Commission is authorized to 

implement and enforce the provisions of such October 3 regulations (and 

any subsequent modifications or additions to such regulations which may 

be adopted by the Commission), except as otherwise provided in 

paragraphs (2) and (3) of this subsection.

(2) Following the proposal by the Administrator of standards under 

subsection b., the Commission shall review the October 3 regulations, 

and, not later than 90 days after the date of such proposal, suspend 

implementation and enforcement of any provision of such regulations 

which the Commission determines after notice and opportunity for public 

comment to require a major action or major commitment by licensees 

which would be unnecessary if–

(A) the standards proposed by the Administrator are promulgated 

in final form without modification, and

(B) the Commission’s requirements are modified to conform to 

such standards.

Such suspension shall terminate on the earlier of April 1, 1984 or the 

date on which the Commission amends the October 3 regulations to 

conform to final standards promulgated by the Administrator under 

subsection b. During the period of such suspension, the Commission shall 

continue to regulate byproduct material (as defined in section 11e.(2)) 

under this Act on a licensee-by-licensee basis as the Commission deems 

necessary to protect public health, safety, and the environment.

––––––––

385 Added by P.L. 97–415, § 18, 96 Stat. 2067 (1983).

5 USC et seq.

42 USC 2021.

42 USC 2014.

42 USC 7401 

note.

Uranium mill 

licensing 

requirement 

regulations.

Implementation 

and 

enforcement.

Review, public 

comment, and 

suspension.
Atomic Energy Act of 1954 (P.L. 83–703) 175

(3) Not later than 6 months after the date on which the Administrator 

promulgates final standards pursuant to subsection b. of this section, the 

Commission shall, after notice and opportunity for public comment, 

amend the October 3 regulations, and adopt such modifications, as the 

Commission deems necessary to conform to such final standards of the 

Administrator.

(4) Nothing in this subsection may be construed as affecting the 

authority or responsibility of the Commission under section 84 to 

promulgate regulations to protect the public health and safety and the 

environment.

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

Regulatory Concern of Nuclear Regulatory Commission386

(a) IN GENERAL.–No provision of this Act, or of the Low-Level 

Radioactive Waste Policy Act, may be construed to prohibit or otherwise 

restrict the authority of any State to regulate, on the basis of radiological 

hazard, the disposal or off-site incineration of low-level radioactive 

waste, if the Nuclear Regulatory Commission, after the date of the 

enactment of the Energy Policy Act of 1992 exempts such waste from 

regulation.

(b) RELATION TO OTHER STATE AUTHORITY.–This section 

may not be construed to imply preemption of existing State authority. 

Except as expressly provided in subsection (a), this section may not be 

construed to confer on any State any additional authority to regulate 

activities licensed by the Nuclear Regulatory Commission.

(c) DEFINITIONS.–For purposes of this section:

(1) The term “low-level radioactive waste” means radioactive 

material classified by the Nuclear Regulatory Commission as lowlevel radioactive waste on the date of the enactment of the Energy 

Policy Act of 1992.

(2) The term “off-site incineration” means any incineration of 

radioactive materials at a facility that is located off the site where 

such materials were generated.

(3) The term “State” means each of the several States, the District 

of Columbia, and any commonwealth, territory, or possession of the 

United States.

Sec. 281. Separability

If any provision of this Act or the application of such provision to any 

person or circumstances, is held invalid, the remainder of this Act or the 

application of such provision to persons or circumstances other than those 

as to which it is held invalid, shall not be affected thereby.

Sec. 291. Short Title

This Act may be cited as the “Atomic Energy Act of 1954 .”

––––––––

386 Added by P.L. 102–486, 106 Stat. 3122 (1992). P.L. 109–58 states:

(b) REVOCATION OF RELATED NRC POLICY STATEMENTS.–The policy statements 

of the Nuclear Regulatory Commission published in the Federal Register on July 3, 1990 

(55 Fed. Reg. 27522) and August 29, 1986 (51 Fed. Reg. 30839), relating to radioactive 

waste below regulatory concern, shall have no effect after the date of the enactment of this 

Act.

42 USC 2114.

42 USC 2023.

Separability.

Short title.
176 Atomic Energy Act of 1954 (P.L. 83–703)

Chapter 20–Joint Committee on Atomic Energy Abolished; 

Functions and Responsibilities Reassigned387

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 Senate or the 

House of Representatives or in any law, regulation, or Executive order to 

the Joint Committee on Atomic Energy shall, on and after the date of 

enactment of this section, be considered as referring to the committees of 

the Senate and the House of Representatives which, under the rules of the 

Senate and the House, have jurisdiction over the subject matter of such 

reference.

c. All records, data, charts, and files of the Joint Committee on 

Atomic Energy are transferred to the committees of the Senate and House 

of Representatives which, under the rules of the Senate and the House, 

have jurisdiction over the subject matters to which such records, data, 

charts, and files relate. In the event that any record, data, chart, or file 

shall be within the jurisdiction of more than one committee, duplicate 

copies shall be provided upon request.

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

Atomic Energy and Conforming Amendments to Certain Other 

Laws

a. Effective on the date of enactment of this section, chapter 17 of this 

Act is repealed.

b. Section 103 of the Atomic Energy Community Act of 1955, as 

amended, is repealed. 

c. Section 3 of the Congressional Budget and Impoundment Control 

Act of 1974 is amended by–

(1) striking the subsection designation “(a)”; and

(2) repealing subsection (b).

d. Section 252(a)(3) of the Legislative Reorganization Act of 1970 is 

repealed.

Sec. 303. Information and Assistance to Congressional Committees

a. The Secretary of Energy and the Nuclear Regulatory Commission 

shall keep the committees of the Senate and the House of Representatives 

which, under the rules of the Senate and the House, have jurisdiction over 

the functions of the Secretary or the Commission, fully and currently 

informed with respect to the activities of the Secretary and the 

Commission.

b. The Department of Defense and Department of State shall keep the 

committees of the Senate and the House of Representatives which, under 

the rules of the Senate and the House, have jurisdiction over national 

security considerations of nuclear energy, fully and currently informed 

with respect to such matters within the Department of Defense and 

Department of State relating to national security considerations of nuclear 

technology which are within the jurisdiction of such committees.

c. Any Government agency shall furnish any information requested 

by the committees of the Senate and the House of Representatives which, 

under the rules of the Senate and the House, have jurisdiction over the 

development, utilization, or application of nuclear energy, with respect to 

the activities or responsibilities of such agency in the field of nuclear 

energy which are within the jurisdiction of such committees.

––––––––

387 Chapter 20 added by P.L. 95–110, 91 Stat. 884 (1977).

42 USC 2258.

Records, 

transfer.

Repeal.

42 USC 2251 et 

seq. 

Repealed.

42 USC 2315.

Repealed.

2 USC 190j.

Repeal.

42 USC 2259.
Atomic Energy Act of 1954 (P.L. 83–703) 177

d. The committees of the Senate and the House of Representatives 

which, under the rules of the Senate and the House, have jurisdiction over 

the development, utilization or application of nuclear energy, are 

authorized to utilize the services, information, facilities, and personnel of 

any Government agency which has activities or responsibilities in the 

field of nuclear energy which are within the jurisdiction of such 

committees: Provided, however, That any utilization of personnel by such 

committees shall be on a reimbursable basis and shall require, with 

respect to committees of the Senate, the prior written consent of the 

Committee on Rules and Administration, and with respect to committees 

of the House of Representatives, the prior written consent of the 

Committee on House Oversight.

388

Chapter 21–Defense Nuclear Facilities Safety Board389

Sec. 311. Establishment

(a) Establishment.–There is hereby established an independent 

establishment in the executive branch, to be known as the “Defense 

Nuclear Facilities Safety Board” (hereafter in this chapter referred to as 

the “Board”).

(b) Membership.–(1) The Board shall be composed of five members 

appointed from civilian life by the President, by and with the advice and 

consent of the Senate, from among United States citizens who are 

respected experts in the field of nuclear safety with a demonstrated 

competence and knowledge relevant to the independent investigative and 

oversight functions of the Board. Not more than three members of the 

Board shall be of the same political party.

(2) Any vacancy in the membership of the Board shall be filled in 

the same manner in which the original appointment was made.

(3) No member of the Board may be an employee of, or have any 

significant financial relationship with, the Department of Energy or 

any contractor of the Department of Energy.

(4) Not later than 180 days after the date of the enactment of this 

chapter, the President shall submit to the Senate nominations for 

appointment to the Board. In the event that the President is unable to

submit the nominations within such 180-day period, the President 

shall submit to the Committees on Armed Services and on 

Appropriations of the Senate and to the Speaker of the House of 

Representatives a report describing the reasons for such inability and 

a plan for submitting the nominations within the next 90 days. If the 

President is unable to submit the nominations within that 90-day 

period, the President shall again submit to such committees and the 

Speaker such a report and plan. The President shall continue to submit 

to such committees and the Speaker such a report and plan every 90 

days until the nominations are submitted.

(c) Chairman and Vice Chairman.–(1) The President shall designate a 

Chairman and Vice Chairman of the board from among members of the 

Board.

(2) The Chairman shall be the chief executive officer of the Board 

and, subject to such policies as the Board may establish, shall exercise 

the functions of the Board with respect to–

––––––––

388 Amended by P.L. 104–186, § 222(1), 110 Stat. 1749 (1996). 389 Chapter 21 added by P.L. 100–456, 102 Stat. 2084 (1988).

42 USC 2286.

President of 

U.S.

42 USC 2286.

President of 

U.S.

Reports.

President of 

U.S.
178 Atomic Energy Act of 1954 (P.L. 83–703)

(A) the appointment and supervision of employees of the 

Board;

(B) the organization of any administrative units established by 

the Board; and

(C) the use and expenditure of funds.

(3) The Chairman may delegate any of the functions under this 

paragraph to any other member or to any appropriate officer of the 

Board.

(4) The Vice Chairman shall act as Chairman in the event of the 

absence or incapacity of the Chairman or in case of a vacancy in the 

office of Chairman.

(d) Terms.–(1) Except as provided under paragraph (2), the members 

of the Board shall serve for terms of five years. Members of the Board 

may be reappointed.

(2) of the members first appointed–

(A) one shall be appointed for a term of one year;

(B) one shall be appointed for a term of two years;

(C) one shall be appointed for a term of three years;

(D) one shall be appointed for a term of four years; and

(E) one shall be appointed for a term of five years, as 

designated by the President at the time of appointment.

(3) Any member appointed to fill a vacancy occurring before the 

expiration of the term of office for which such member’s predecessor 

was appointed shall be appointed only for the remainder of such term. 

A member may serve after the expiration of that member’s term until 

a successor has taken office.

(e) Quorum.–Three members of the Board shall constitute a quorum, 

but a lesser number may hold hearings.

Sec. 312. Functions of the Board

The Board shall perform the following functions:

(1) Review and Evaluation of Standards.–The Board shall review 

and evaluate the content and implementation of the standards relating 

to the design, construction, operation, and decommissioning of 

defense nuclear facilities of the Department of Energy (including all 

applicable Department of Energy orders, regulations, and 

requirements) at each Department of Energy defense nuclear facility. 

The Board shall recommend to the Secretary of Energy those specific 

measures that should be adopted to ensure that public health and 

safety are adequately protected. The Board shall include in its 

recommendations necessary changes in the content and 

implementation of such standards, as well as matters on which 

additional data or additional research is needed.

(2) Investigations.–(A) The Board shall investigate any event or 

practice at a Department of Energy defense nuclear facility which the 

Board determines has adversely affected, or may adversely affect, 

public health and safety.

(B) The purpose of any Board investigation under 

subparagraph (A) shall be–

(i) to determine whether the Secretary of Energy is 

adequately implementing the standards described in paragraph 

(1) of the Department of Energy (including all applicable 

Department of Energy orders, regulations, and requirements) 

at the facility;

(ii) to ascertain information concerning the circumstances 

of such event or practice and its implications for such 

standards;

42 USC 2286a.
Atomic Energy Act of 1954 (P.L. 83–703) 179

(iii) to determine whether such event or practice is related 

to other events or practices at other Department of Energy 

defense nuclear facilities; and

(iv) to provide to the Secretary of Energy such 

recommendations for changes in such standards or the 

implementation of such standards (including Department of 

Energy orders, regulations, and requirements) and such 

recommendations relating to data or research needs as may be 

prudent or necessary.

(3) Analysis of Design and Operational Data.–The Board shall 

have access to and may systematically analyze design and operational 

data, including safety analysis reports, from any Department of 

Energy defense nuclear facility.

(4) Review of Facility Design and Construction.–The Board shall 

review the design of a new Department of Energy defense nuclear 

facility before construction of such facility begins and shall 

recommend to the Secretary, within a reasonable time, such 

modifications of the design as the Board considers necessary to 

ensure adequate protection of public health and safety. During the 

construction of any such facility, the Board shall periodically review 

and monitor the construction and shall submit to the Secretary, within 

a reasonable time, such recommendations relating to the construction 

of that facility as the Board considers necessary to ensure adequate 

protection of public health and safety. An action of the Board, or a 

failure to act, under this paragraph may not delay or prevent the 

Secretary of Energy from carrying out the construction of such a 

facility.

(5) Recommendations.–The Board shall make such 

recommendations to the Secretary of Energy with respect to 

Department of Energy defense nuclear facilities, including operations 

of such facilities, standards, and research needs, as the Board 

determines are necessary to ensure adequate protection of public 

health and safety. In making its recommendations the Board shall 

consider the technical and economic feasibility of implementing the 

recommended measures.

Sec. 313. Powers of Board

(a) Hearings.–(1) The Board or a member authorized by the Board 

may, for the purpose of carrying out this chapter, hold such hearings and 

sit and act at such times and places, and require, by subpoena or 

otherwise, the attendance and testimony of such witnesses and the 

production of such evidence as the Board or an authorized member may 

find advisable.

(2) (A) Subpoenas may be issued only under the signature of the 

Chairman or any member of the Board designated by him and shall be 

served by any person designated by the Chairman, any member, or 

any person as otherwise provided by law. The attendance of witnesses 

and the production of evidence may be required from any place in the 

United States at any designated place of hearing in the United States.

(B) Any member of the Board may administer oaths or 

affirmations to witnesses appearing before the Board.

(C) If a person issued a subpoena under paragraph (1) refuses 

to obey such subpoena or is guilty of contumacy, any court of the 

United States within the judicial district within which the hearing 

is conducted or within the judicial district within which such 

person is found or resides or transacts business may (upon 

application by the Board) order such person to appear before the 

42 USC 2286b.
180 Atomic Energy Act of 1954 (P.L. 83–703)

Board to produce evidence or to give testimony relating to the 

matter under investigation. Any failure to obey such order of the 

court may be punished by such court as a contempt of the court.

(D) The subpoenas of the Board shall be served in the manner 

provided for subpoenas issued by a United States district court 

under the Federal Rules of Civil Procedure for the United States 

district courts.

(E) All process of any court to which application may be made 

under this section may be served in the judicial district in which 

the person required to be served resides or may be found.

(b) Staff.–The Board may, for the purpose of performing its 

responsibilities under this Chapter–

(1) hire such staff as it considers necessary to perform the 

functions of the Board, but not more than the equivalent of 100 fulltime employees; and

(2) procure the temporary and intermittent services of experts and 

consultants to the extent authorized by section 3109(b) of title 5, 

United States Code, at rates the Board determines to be reasonable.

(c) Regulations.–The Board may prescribe regulations to carry out the 

(d) Reporting Requirements.–The Board may establish reporting 

requirements for the Secretary of Energy which shall be binding upon the 

Secretary. The information which the Board may require the Secretary of 

Energy to report under this subsection may include any information 

designated as classified information, or any information designated as 

safeguards information and protected from disclosure under section 147 

or 148 of this Act.

(e) Use of Government Facilities, Etc.–The Board may, for the 

purpose of carrying out its responsibilities under this chapter, use any 

facility, contractor, or employee of any other department or agency of the 

Federal Government with the consent of and under appropriate support 

arrangements with the head of such department or agency and, in the case 

of a contractor, with the consent of the contractor.

(f) Assistance From Certain Agencies of The Federal Government.–

With the consent of and under appropriate support arrangements with the 

Nuclear Regulatory Commission, the Board may obtain the advice and 

recommendations of the staff of the Commission on matters relating to 

the Board’s responsibilities and may obtain the advice and 

recommendations of the Advisory Committee on Reactor Safeguards on 

such matters.

(g) Assistance From Organizations Outside The Federal Government–

The Board may enter into an agreement with the National Research 

Council of the National Academy of Sciences or any other appropriate 

group or organization of experts outside the Federal Government chosen 

by the Board to assist the Board in carrying out its responsibilities under 

this chapter.

(h) Resident Inspectors.–The Board may assign staff to be stationed at 

any Department of Energy defense nuclear facility to carry out the 

functions of the Board.

(i) Special Studies.–The Board may conduct special studies pertaining 

to adequate protection of public health and safety at any Department of 

Energy defense nuclear facility.

(j) Evaluation of Information.–The Board may evaluate information 

received from the scientific and industrial communities, and from the 

interested public, with respect to–

(1) events or practices at any Department of Energy defense 

nuclear facility; or

Classified 

information.

42 USC 2286b.
Atomic Energy Act of 1954 (P.L. 83–703) 181

(2) suggestions for specific measures to improve the content of 

standards described in section 312(1), the implementation of such 

standards, or research relating to such standards at Department of 

Energy defense nuclear facilities.

Sec. 314. Responsibilities of the Secretary of Energy

(a) Cooperation.–The Secretary of Energy shall fully cooperate with 

the Board and provide the Board with ready access to such facilities, 

personnel, and information as the Board considers necessary to carry out 

its responsibilities under this chapter. Each contractor operating a 

Department of Energy defense nuclear facility under a contract awarded 

by the Secretary shall, to the extent provided in such contract or 

otherwise with the contractor’s consent, fully cooperate with the Board 

and provide the Board with ready access to such facilities, personnel, and 

information of the contractor as the Board considers necessary to carry 

out its responsibilities under this chapter.

(b) Access To Information.–The Secretary of Energy may deny access 

to information provided to the Board to any person who–

(1) has not been granted an appropriate security clearance or 

access authorization by the Secretary of Energy; or

(2) does not need such access in connection with the duties of 

such person.

Sec. 315. Board Recommendations

(a) Public Availability and Comment.–Subject to subsections (g) and 

(h) and after receipt by the Secretary of Energy of any recommendations 

from the Board under section 312, the Board promptly shall make such 

recommendations available to the public in the Department of Energy’s 

regional public reading rooms and shall publish in the Federal Register 

such recommendations and a request for the submission to the Board of 

public comments on such recommendations. Interested persons shall have 

30 days after the date of the publication of such notice in which to submit 

comments, data, views, or arguments to the Board concerning the 

recommendations.

(b) Response By Secretary.–

(1) The Secretary of Energy shall transmit to the Board, in 

writing, a statement on whether the Secretary accepts or rejects, in 

whole or in part, the recommendations submitted to him by the Board 

under section 312, a description of the actions to be taken in response 

to the recommendations, and his views on such recommendations. 

The Secretary of Energy shall transmit his response to the Board 

within 45 days after the date of the publication, under subsection (a), 

of the notice with respect to such recommendations or within such 

additional period, not to exceed 45 days, as the Board may grant. 

(2) At the same time as the Secretary of Energy transmits his 

response to the Board under paragraph (1), the Secretary, subject to 

subsection (h), shall publish such response, together with a request for 

public comment on his response, in the Federal Register.

(3) Interested persons shall have 30 days after the date of the 

publication of the Secretary of Energy’s response in which to submit 

comments, data, views, or arguments to the Board concerning the 

Secretary’s response.

(4) The Board may hold hearings for the purpose of obtaining 

public comments on its recommendations and the Secretary of 

Energy’s response.

(c) Provision of Information To Secretary.–The Board shall furnish 

the Secretary of Energy with copies of all comments, data, views, and 

arguments submitted to it under subsection (a) or (b).

42 USC 2286c.

Contracts.

42 USC 2286d.

Federal 

Register, 

publication.

Federal 

Register, 

publication.
182 Atomic Energy Act of 1954 (P.L. 83–703)

(d) Final Decision.–If the Secretary of Energy, in a response under 

subsection (b)(1), rejects (in whole or part) any recommendation made by 

the Board under section 312, the Board shall either reaffirm its original 

recommendation or make a revised recommendation and shall notify the 

Secretary of its action. Within 30 days after receiving the notice of the 

Board’s action under this subsection, the Secretary shall consider the 

Board’s action and make a final decision on whether to implement all or 

part of the Board’s recommendations. Subject to subsection (h), the 

Secretary shall publish the final decision and the reasoning for such 

decision in the Federal Register and shall transmit to the Committees on 

Armed Services and on Appropriations of the Senate, and to the Speaker 

of the House of Representatives a written report containing that decision 

and reasoning.

(e) Implementation Plan.–The Secretary of Energy shall prepare a 

plan for the implementation of each Board recommendation, or part of a 

recommendation, that is accepted by the Secretary in his final decision. 

The Secretary shall transmit the implementation plan to the Board within 

90 days after the date of the publication of the Secretary’s final decision 

on such recommendation in the Federal Register. The Secretary may have 

an additional 45 days to transmit the plan if the Secretary submits to the 

Board and to the Committees on Armed Services and on Appropriations 

of the Senate and to the Speaker of the House of Representatives a 

notification setting forth the reasons for the delay and describing the 

actions the Secretary is taking to prepare an implementation plan under 

this subsection. The Secretary may implement any such recommendation 

(or part of any such recommendation) before, on, or after the date on 

which the Secretary transmits the implementation plan to the Board under 

this subsection.

(f) Implementation.–

(1) Subject to paragraph (2), not later than one year after the date 

on which the Secretary of Energy transmits an implementation plan 

with respect to a recommendation (or part thereof) under subsection 

(e), the Secretary shall carry out and complete the implementation 

plan. If complete implementation of the plan takes more than 1 year, 

the Secretary of Energy shall submit a report to the Committees on 

Armed Services and on Appropriations of the Senate and to the 

Speaker of the House of Representatives setting forth the reasons for 

the delay and when implementation will be completed.

(2) If the Secretary of Energy determines that the implementation 

of a Board recommendation (or part thereof) is impracticable because 

of budgetary considerations, or that the implementation would affect 

the Secretary’s ability to meet the annual nuclear weapons stockpile 

requirements established pursuant to section 91 of this Act, the 

Secretary shall submit to the President, to the Committees on Armed 

Services and on Appropriations of the Senate, and to the Speaker of 

the House of Representatives a report containing the recommendation 

and the Secretary’s determination.

(g) Imminent Or Severe Threat.–

(1) In any case in which the Board determines that a 

recommendation submitted to the Secretary of Energy under section 

312 relates to an imminent or severe threat to public health and safety, 

the Board and the Secretary of Energy shall proceed under this 

subsection in lieu of subsections (a) through (d).

Federal 

Register, 

publication.

Reports.

Reports.

Reports.

Public health 

and safety.
Atomic Energy Act of 1954 (P.L. 83–703) 183

(2) At the same time that the Board transmits a recommendation 

relating to an imminent or severe threat to the Secretary of Energy, 

the Board shall also transmit the recommendation to the President and 

for information purposes to the Secretary of Defense. The Secretary 

of Energy shall submit his recommendation to the President. The 

President shall review the Secretary of Energy’s recommendation and 

shall make the decision concerning acceptance or rejection of the 

Board’s recommendation.

(3) After receipt by the President of the recommendation from the 

Board under this subsection, the Board promptly shall make such 

recommendation available to the public and shall transmit such 

recommendation to the Committees on Armed Services and on 

Appropriations of the Senate and to the Speaker of the House of 

Representatives. The President shall promptly notify such committees

and the Speaker of his decision and the reasons for that decision.

(h) Limitation.–Notwithstanding any other provision of this section, 

the requirements to make information available to the public under this 

section–

(1) shall not apply in the case of information that is classified; and

(2) shall be subject to the orders and regulations issued by the 

Secretary of Energy under section 147 and 148 of this Act to prohibit 

dissemination of certain information.

Sec. 316. Reports

(a) Board Report.–

(1) The Board shall submit to the Committees on Armed Services 

and on Appropriations of the Senate and to the Speaker of the House 

of Representatives each year, at the same time that the President 

submits the budget to Congress pursuant to section 1105(a) of title 31, 

United States Code, a written report concerning its activities under 

this chapter, including all recommendations made by the Board, 

during the year preceding the year in which the report is submitted. 

The Board may also issue periodic unclassified reports on matters 

within the Board’s responsibilities.

(2) The annual report under paragraph (1) shall include an 

assessment of–

(A) The improvements in the safety of Department of Energy 

defense nuclear facilities during the period covered by the report;

(B) the improvements in the safety of Department of Energy 

defense nuclear facilities resulting from actions taken by the 

Board or taken on the basis of the activities of the Board; and

(C) the outstanding safety problems, if any, of Department of 

Energy defense nuclear facilities.

(b) DOE Report.–The Secretary of Energy shall submit to the 

Committees on Armed Services and on Appropriations of the Senate and 

to the Speaker of the House of Representatives each year, at the same 

time that the President submits the budget to Congress pursuant to section 

1105(a) of title 31, United State Code, a written report concerning the 

activities of the Department of Energy under this chapter during the year 

preceding the year in which the report is submitted.

Sec. 317. Judicial Review

Chapter 7 of title 5, United States Code, shall apply to the activities of 

the Board under this chapter.

Sec. 318. Definition

As used in this chapter, the term “Department of Energy defense 

nuclear facility” means any of the following:

President of 

U.S.

Public 

information.

42 USC 2286e.

42 USC 2286f.

42 USC 2286g.
184 Atomic Energy Act of 1954 (P.L. 83–703)

(1) A production facility or utilization facility (as defined in 

section 11 of this Act) that is under the control or jurisdiction of the 

Secretary of Energy and that is operated for national security 

purposes, but the term does not include–

(A) any facility or activity covered by Executive Order No. 

12344, dated February 1, 1982, pertaining to the Naval nuclear 

propulsion program;

(B) any facility or activity involved with the assembly or 

testing of nuclear explosives or with the transportation of nuclear 

explosives or nuclear material;

(C) any facility that does not conduct atomic energy defense 

activities; or

(D) any facility owned by the United States Enrichment 

Corporation.

(2) A nuclear waste storage facility under the control or 

jurisdiction of the Secretary of Energy, but the term does not include 

a facility developed pursuant to the Nuclear Waste Policy Act of 1982 

(42 USC 10101 et seq.) and licensed by the Nuclear Regulatory 

Commission.

Sec. 319. Contract Authority Subject to Appropriations

The authority of the Board to enter into contracts under this chapter is 

effective only to the extent that appropriations (including transfers of 

appropriations) are provided in advance for such purpose.

Sec. 320. Transmittal of Certain Information to Congress390

Whenever the Board submits or transmits to the President or the 

Director of the Office of Management and Budget any legislative 

recommendation, or any statement or information in preparation of a 

report to be submitted to the Congress pursuant to section 316(a), the 

Board shall submit at the same time a copy thereof to the Congress.

Sec. 321. Annual Authorization of Appropriations391

Authorizations of appropriations for the Board for fiscal years 

beginning after fiscal year 1989 shall be provided annually in 

authorizations Acts.

Negotiated Rulemaking on Financial Protection for 

Radiopharmaceutical Licensees

(A) Rulemaking Proceeding.–

(1) Purpose.–The Nuclear Regulatory Commission (hereafter in 

this section referred to as the “Commission”) shall initiate a 

proceeding, in accordance with the requirements of this section, to 

determine whether to enter into indemnity agreements under section 

170 of the Atomic Energy Act of 1954 (42 USC 2210) with persons 

licensed by the Commission under section 81, 104(a), or 104(c) of the 

Atomic Energy Act of 1954 (42 USC 2111, 2134(a), and 2134(c)) or 

by a State under section 274(b) of the Atomic Energy Act of 1954 (42 

USC 2021(b)) for the manufacture, production, possession, or use of 

radioisotopes or radiopharmaceutical for medical purposes (hereafter 

in this section referred to as “radiopharmaceutical licensees”)

(2) Final Determination.–A final determination with respect to 

whether radiopharmaceutical licensees, or any class of such licensees, 

––––––––

390 Added by P.L. 103–160, Div C., Title XXXII, § 3202(a)(2), 107 Stat 1959 (1993). 391 Amended by P.L. 103–160, Div C., Title XXXII, § 3202(a)(1), 107 Stat 1959 (1993), 

which renumbered this section [formerly section 320] as section 321.

42 USC 2286h.

42 USC 2286h-1.

42 USC 2286i.

42 USC 2210 

note.

Contracts.
Atomic Energy Act of 1954 (P.L. 83–703) 185

shall be indemnified pursuant to section 170 of the Atomic Energy 

Act of 1954 (42 USC2210) and if so, the terms and conditions of such 

indemnification, shall be rendered by the Commission within 18 

months of the date of the enactment of this Act.

(b) Negotiated Rulemaking.–

(1) Administrative Conference Guidelines.–For the purpose of 

making the determination required under subsection (a), the 

Commission shall, to the extent consistent with the provisions of this 

Act, conduct a negotiated rulemaking in accordance with the guidance 

provided by the Administrative Conference of the United States in 

Recommendation 82-4, “Procedures for Negotiating Proposed 

Regulations” (42 Fed. Reg. 30708, July 15, 1982).

(2) Designation of Convener.–Within 30 days of the date of the 

enactment of this Act, the Commission shall designate an individual 

or individuals recommended by the Administrative Conference of the 

United States to serve as a convener for such negotiations.

(3) Submission Recommendations of The Convener.–The 

convener shall, not later than seven months after the date of the 

enactment of this Act, submit to the Commission recommendations 

for a proposed rule regarding whether the Commission should enter 

into indemnity agreements under section 170 of the Atomic Energy 

Act of 1954 (42 USC 2210) with radiopharmaceutical licensees and, 

if so, the terms and conditions of such indemnification. If the 

convener recommends that such indemnity be provided for 

radiopharmaceutical licensees, the proposed rule submitted by the 

convener shall set forth the procedures for the execution if 

indemnification agreements with radiopharmaceutical licensees.

(4) Publication of Recommendations and Proposed Rule.–If the 

convener recommends that such indemnity be provided for 

radiopharmaceutical licensees, the Commission shall publish the 

recommendations of the convener submitted under paragraph (3) as a 

notice of proposed rulemaking within 30 days of the submission of 

such recommendations under such paragraph.

(5) Administrative Procedures.–To the extent consistent with the 

provisions of this Act, the Commission shall conduct the proceeding 

required under subsection (a) in accordance with section 553 of title 

5, United States Code.392

Title II–United States Enrichment Corporation

Chapter 22–General Provisions393

Sec. 1201. Definitions

For purposes of this title:

––––––––

392 Amended by P.L. 100–408, § 19, 102 Stat. 1066 (1988), to provide for this 

rulemaking, which is not part of the Atomic Energy Act.

393 Chapter 22 added by P.L. 102–486, § 901, 106 Stat. 2924 (1992). Section will be 

repealed on privatization date. P.L. 104–134, Title III, Chapter 1, Subchapter A, § 3116(a), 

110 Stat. 1321–349 (1996), 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.” [The 

“privatization date” is defined at 42 U.S.C. section 2297h(9) as the date on which 

100 percent of the ownership of the United States Enrichment Corporation has been 

transferred to private investors.]

Contracts.
186 Atomic Energy Act of 1954 (P.L. 83–703)

(1) The term “alternative technologies for uranium enrichment” 

means technologies to enrich uranium by methods other than the 

gaseous diffusion process.

(2) The term “AVLIS” means atomic vapor laser isotope 

separation technology.

(3) The term “Board” means the Board of Directors of the 

Corporation established under section 1304.

(4) The term “Corporation” means the United States Enrichment 

Corporation.

(5) The term “corrective actions” has the meaning given such term 

by the Administrator of the Environmental Protection Agency under 

section 3004(u) of the Solid Waste Disposal Act (42 USC 6924(u)).

(6) The term “decontamination and decommissioning” means 

those activities, other than response actions or corrective actions, 

undertaken to decontaminate and decommission inactive uranium 

enrichment facilities that have residual radioactive or mixed 

radioactive and hazardous chemical contamination, including 

depleted tailings.

(7) The term “Department” means the Department of Energy.

(8) The term “highly enriched uranium” means uranium enriched 

to 20 percent or more of the uranium-235 isotope.

(9) The term “low-enriched uranium” means uranium enriched to 

less than 20 percent of the uranium-235 isotope.

(10) The term “releases” has the meaning given the term “release” 

in section 101(22) of the Comprehensive Environmental response, 

Compensation, and Liability Act of 1980 (42 USC 9601(22)).

(11) The term “remedial action” has the meaning given such term 

in section 101(24) of the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (42 USC 9601(24)).

(12) the term “response actions” has the meaning given the term 

“response” in section 101(25) of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 USC

9601(25)).

(13) The term “Secretary” means the Secretary of Energy.

(14) The term “uranium enrichment” means the separation of 

uranium of a given isotopic content into 2 components, 1 having a 

higher percentage of a fissile isotope and 1 having a lower 

percentage.394

Sec. 1202. Purposes

The Corporation is created for the following purposes:

––––––––

394 Severability provisions for Title IX of P.L. 102–486, § 904, 106 Stat. 2946 (1992), 

provide the following:

If any provision of this title [42 U.S.C. sections 2297 et seq., generally, for 

full classification, consult U.S.C. Tables volumes], or the amendments made 

by this title [42 U.S.C. sections 2297 et seq., generally, for full classification, 

consult U.S.C. Tables volumes], or the application of any provision to any 

entity, person, or circumstance, is for any reason adjudged by a court of 

competent jurisdiction to be invalid, the remainder of this title, and the 

amendments made by this title [adding 42 U.S.C. sections 2297 et seq., generally, for full classification, consult U.S.C. Tables volumes], or its 

application shall not be affected.

P.L. 104–134, Title III, Chapter 1, subchapter A, § 3116(e), 110 Stat. 1321–350, (1996), 

provides: “Following the privatization date, all references in the Atomic Energy Act of 1954 

[42 U.S.C. sections 2011 et seq.] to the United States Enrichment Corporation shall be 

deemed to be references to the private corporation.”

42 USC 2297.

42 USC 2297a.
Atomic Energy Act of 1954 (P.L. 83–703) 187

(1) To operate as a business enterprise on a profitable and efficient 

basis.

(2) To maximize the long-term value of the Corporation to the 

Treasury of the United States.

(3) To lease Department uranium enrichment facilities, as needed.

(4) To acquire uranium for uranium enrichment, low-enriched 

uranium for resale, and highly enriched uranium for conversion into 

low-enriched uranium, as needed.

(5) To market and sell its enriched uranium and uranium 

enrichment and related services to–

(A) the Department for governmental purposes; and

(B) domestic and foreign persons, as provided in section 

1303(6).

(6) To conduct research and development as required to meet 

business objectives for the purposes of identifying, evaluating, 

improving, and testing alternative technologies for uranium 

enrichment.

(7) To conduct the business as a self-financing corporation and 

eliminate the need for Federal Government appropriations or sources 

of Federal financing other than those provided in this title.

(8) To help maintain a reliable and economical domestic source of 

uranium enrichment services.

(9) To comply with laws, and regulations promulgated thereunder, 

to protect the public health, safety, and the environment.

(10) To continue at all times to meet the objectives of ensuring the 

Nation’s common defense and security, including abiding by United 

States laws and policies concerning special nuclear materials and 

nonproliferation of atomic weapons and other nonpeaceful uses of 

atomic energy.

(11) To take all other lawful actions in furtherance of these 

purposes.

Chapter 23–Establishment, Powers, and Organization of

Corporation395

Sec. 1301. Establishment of the Corporation

(a)396 IN GENERAL.–There is established a body corporate to be 

known as the United States Enrichment Corporation.

(b) GOVERNMENT CORPORATION.–The Corporation shall be 

established as a wholly owned Government corporation subject to chapter 

91 of title 31, United States Code (commonly referred to as the 

Government Corporation Control Act), except as otherwise provided in 

this title.

(c) FEDERAL AGENCY.–The Corporation shall be an agency and 

instrumentality of the United States.

––––––––

395 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 July 28, 1998). It 

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.” [The “privatization date” is defined at 

42 U.S.C. section 2297h(9) as the date on which 100 percent of the ownership of the United 

States Enrichment Corporation has been transferred to private investors.]

396 Added by P.L. 102–486, 106 Stat. 2925.

42 USC 2297b.
188 Atomic Energy Act of 1954 (P.L. 83–703)

Sec. 1302. Corporate Offices

The Corporation shall maintain an office for the service of process 

and papers in the District of Columbia, and shall be deemed, for purposes 

of venue in civil actions, to be a resident thereof. The Corporation may 

establish offices in such other place or places as it may deem necessary or 

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 applicable Federal law, 

have all the powers of a private corporation incorporated under the 

District of Columbia Business Corporation Act;

(2) shall have the priority of the United States with respect to the 

payment of debts out of bankrupt, insolvent, and decedents’ estates;

(3) may obtain from the Administrator of General Services the 

services the Administrator is authorized to provide agencies of the 

United States, on the same basis as those services are provided to 

other agencies of the United States;

(4) shall enrich uranium, provide for uranium to be enriched by 

others, or acquire enriched uranium (including low-enriched uranium 

derived from highly enriched uranium provided under section 1408);

(5) may conduct, or provide for conducting, those research and 

development activities related to uranium enrichment and related 

processes and activities the Corporation considers necessary or 

advisable to maintain the Corporation as a commercial enterprise 

operating on a profitable and efficient basis;

(6) may enter into transactions regarding uranium, enriched 

uranium, or depleted uranium with–

(A) persons licensed under section 53, 63, 103, or 104 in 

accordance with the licenses held by those persons;

(B) persons in accordance with, and within the period of, an 

agreement for cooperation arranged under section 123; or

(C) persons otherwise authorized by law to enter into such 

transactions;

(7) may enter into contracts with persons licensed under section 

53, 63, 103, or 104, for as long as the Corporation considers necessary 

or desirable, to provide uranium or uranium enrichment and related 

services;

(8) may enter into contracts to provide uranium or uranium 

enrichment and related services in accordance with, and within the 

period of, an agreement for cooperation arranged under section 123 or 

as otherwise authorized by law; and

(9) shall sell to the Department as provided in this title, without 

regard to section 57e., the amounts of uranium enrichment and related 

services that the Department determines from time to time are 

required for it to–

(A) carry out Presidential directions and authorizations under 

section 91; and

(B) conduct other Department programs.

Sec. 1304. Board of Directors

(a) IN GENERAL.–The powers of the Corporation are vested in the 

Board of Directors.

(b) APPOINTMENT.–The Board of Directors shall consist of five 

individuals, to be appointed by the President by and with the advice and 

consent of the Senate. The President shall designate a Chairman of the 

Board from among members of the Board.

42 USC 2297b-1.

42 USC 2297b-2.

42 USC 2297b-3.
Atomic Energy Act of 1954 (P.L. 83–703) 189

(c) QUALIFICATIONS.–Members of the Board shall be citizens of 

the United States. No member of the Board shall be an employee of the 

Corporation or have any direct financial relationship with the Corporation 

other than that of being a member of the Board.

(d) TERMS.–

(1) IN GENERAL.–Except as provided in paragraph (2), members 

of the Board shall serve five-year terms or until the election of a new 

Board of Directors under section 1704, whichever comes first.

(2) INITIAL MEMBERS.–of the members first appointed to the 

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 Board may be 

reappointed by the President, by and with the advice and consent of 

the Senate.

(e) VACANCIES.–Upon the occurrence of a vacancy on the Board, 

the President by and with the advice and consent of the Senate shall 

appoint an individual to fill such vacancy for the remainder of the 

applicable term.

(f) MEETINGS AND QUORUM.–The Board shall meet at any time 

pursuant to the call of the Chairman and as provided by the bylaws of the 

Corporation, but not less than quarterly. Three voting members of the 

Board shall constitute a quorum. A majority of the Board shall adopt and 

from time to time may amend bylaws for the operation of the Board.

(g) POWERS.–The Board shall be responsible for general 

management of the Corporation and shall have the same authority, 

privileges, and responsibilities as the board of directors of a private 

corporation incorporated under the District of Columbia Business 

Corporation Act.

(h) COMPENSATION.–Members of the Board shall serve on a parttime basis and shall receive per diem, when engaged in the actual 

performance of Corporation duties, plus reimbursement for travel, 

subsistence, and other necessary expenses incurred in the performance of 

their duties.

(i) MEMBERSHIP OF SECRETARY OF TREASURY.–The 

President may appoint the Secretary of the Treasury or his designee to 

serve as a member of the Board or as a nonvoting, ex officio member of 

the Board.

(j) CONFLICT OF INTEREST REQUIREMENTS.–No director, 

officer, or other management level employee of the Corporation may 

have a financial interest in any customer, contractor, or competitor of the 

Corporation or in any business that may be adversely affected by the 

success of the Corporation.

Sec. 1305. Employees of the Corporation

(a) APPOINTMENT.–The Board shall appoint such officers and 

employees as are necessary for the transaction of its business.

(b) COMPENSATION, DUTIES, AND REMOVAL.–The Board 

shall, without regard to section 5301 of title 6, United States Code, fix the 

compensation of all officers and employees of the Corporation, define 

their duties, and provide a system of organization to fix responsibility and 

promote efficiency. Any officer or employee of the Corporation may be 

removed in the discretion of the Board.

(c) APPLICABLE CRITERIA.–The Board shall ensure that the 

personnel function and organization is consistent with the principles of 

42 USC 2297b-4.
190 Atomic Energy Act of 1954 (P.L. 83–703)

section 2301(b) of title 5, United States Code, relating to merit system 

principles. Officers and employees shall be appointed, promoted, and 

assigned on the basis of merit and fitness, and other personnel actions 

shall be consistent with the principles of fairness and due process but 

without regard to those provisions of title 5 of the United States Code 

governing appointments and other personnel actions in the competitive 

service.

(d) TREATMENT OF PERSONS EMPLOYED PRIOR TO 

TRANSITION DATE.–Compensation, benefits, and other terms and 

conditions of employment in effect immediately prior to the transition 

date, whether provided by statute or by rules of the Department or the 

executive branch, shall continue to apply to officers and employees who 

transfer to the Corporation from other Federal employment until changed 

by the Board.

(e) PROTECTION OF EXISTING EMPLOYEES.–

(1) IN GENERAL.–It is the purpose of this subsection to ensure 

that the establishment of the Corporation pursuant to this chapter shall 

not result in any adverse effects on the employment rights, wages, or 

benefits of employees at facilities that are operated, directly or under 

contract, in the performance of the functions vested in the 

Corporation.

(2) APPLICABILITY OF EXISTING COLLECTIVE 

BARGAINING AGREEMENT.–Any employer (including the 

Corporation) at a facility described in paragraph (1) shall abide by the 

terms of a collective bargaining agreement in effect on April 30, 

1991, at each individual facility until–

(A) the earlier of the date on which a new bargaining 

agreement is signed; or

(B) the end of the 2-year period beginning on the date of the 

enactment of this title.

(3) APPLICABILITY OF NLRA.–Except as specifically provided 

in this subsection, the Corporation is subject to the provisions of the 

National Labor Relations Act (29 USC 151 et seq.).

(4) BENEFITS OF TRANSFEREES AND DETAILEES.–At the 

request of the Board and subject to the approval of the Secretary, an 

employee of the Department may be transferred or detailed as 

provided for in section 1315, to the Corporation without any loss in 

accrued benefits or standing within the Civil Service System. For 

those employees who accept transfer to the Corporation, it shall be 

their option as to whether to have any accrued retirement benefits 

transferred to a retirement system established by the Corporation or to 

retain their coverage under either the Civil Service Retirement System 

or the Federal Employees’ Retirement System, as applicable, in lieu 

of coverage by the Corporation’s retirement system. For those 

employees electing to remain with one of the Federal retirement 

systems, the Corporation shall withhold pay and make such payments 

as are required under the Federal retirement system. For those 

Department employees detailed, the Department shall offer those 

employees a position of like grade, compensation, and proximity to 

their official duty station after their services are no longer required by 

the Corporation.

Sec. 1306. Audits

(a) INDEPENDENT AUDITS.–

(1) IN GENERAL.–The financial statements of the Corporation 

shall be prepared in accordance with generally accepted accounting 

principles and shall be audited annually by an independent certified 

42 USC 2297b-5.
Atomic Energy Act of 1954 (P.L. 83–703) 191

public accountant in accordance with auditing standards issued by the 

Comptroller General. Such auditing standards shall be consistent with 

the private sector’s generally accepted auditing standards.

(2) REVIEW BY GAO.–The Comptroller General may review 

any audit of the Corporation’s financial statements conducted under 

paragraph (1). The Comptroller General shall report to the Congress 

and the Corporation the results of any such review and shall include 

in such report appropriate recommendations.

(b) GAO AUDITS.–

(1) IN GENERAL.–The Comptroller General may audit the 

financial statements of the Corporation for any year in the manner 

provided in subsection (a)(1).

(2) REIMBURSEMENT BY CORPORATION.–The Corporation 

shall reimburse the Comptroller General for the full cost of any audit 

conducted under this subsection, as determined by the Comptroller 

General.

(c) AVAILABILITY OF BOOKS AND RECORDS.–All books, 

accounts, financial records, reports, files, papers, and other property 

belonging to or in use by the Corporation and its auditor that the 

Comptroller General considers necessary to the performance of any audit 

or review under this section shall be made available to the Comptroller 

General, subject to section 1314.

(d) TREATMENT OF GAO AUDITS.–Activities the Comptroller 

General conducts under this section shall be in lieu of any other audit of 

the financial transactions of the Corporation the Comptroller General is 

required to make under chapter 91 of title 31, United States Code, or 

other law.

Sec. 1307. Annual Reports

(a) IN GENERAL.–The Corporation shall prepare and submit an 

annual report of its activities to the President and the Congress. This 

report shall contain–

(1) a general description of the Corporation’s operations;

(2) a summary of the Corporation’s operating and financial 

performance, including an explanation of the decision to pay or not 

pay dividends;

(3) copies of audit reports prepared under section 1305;

(4) the information required under regulations issued under 

section 13 of the Securities Exchange Act of 1934 (15 USC 78m); and

(5) an identification and assessment of any impairment of capital 

or ability of the Corporation to comply with this title.

(b) DEADLINE.–The report shall be completed not later than 150 

days following the close of each of the Corporation’s fiscal years and 

shall accurately reflect the financial position of the Corporation at fiscal 

year end.

Sec. 1308. Accounts

(a) ESTABLISHMENT OF UNITED STATES ENRICHMENT 

CORPORATION FUND.–There is established in the Treasury of the 

United States a revolving fund, to be known as the “United States 

Enrichment Corporation Fund”, which shall be available to the 

Corporation, without need for further appropriation and without fiscal 

year limitation, for carrying out its purposes, functions, and powers, and 

which shall not be subject to apportionment under subchapter II of 

chapter 15 of title 31, United States Code.

(b) TRANSFER OF UNEXPENDED BALANCES.–On the transfer 

date, the Secretary shall, without need of further appropriation, transfer to 

the Corporation the unexpended balance of appropriations and other 

42 USC 2297b-6.

42 USC 2297b-7.
192 Atomic Energy Act of 1954 (P.L. 83–703)

monies available to the Department (inclusive of funds set aside for 

accounts payable), and accounts receivable which are related to functions 

and activities acquired by the Corporation from the Department pursuant 

to this title, including all advance payments.

Sec. 1309. Obligations

(a) ISSUANCE.–

(1) IN GENERAL.–The Corporation may issue and sell bonds, 

notes, and other evidences of indebtedness (collectively referred to in 

this title as “bonds”), except that the Corporation may not issue or sell 

bonds for the purpose of constructing new uranium enrichment 

facilities or conducting directly related preconstruction activities. 

Borrowing under this paragraph during any fiscal year ending before 

October 1, 1996, shall be subject to approval in appropriation Acts.

(2) USE OF REVENUES.–The Corporation may pledge and use 

its revenues for payment of the principal of and interest on its bonds, 

for their purchase or redemption, and for other purposes incidental to 

these functions, including creation of reserve funds and other funds 

that may be similarly pledged and used.

(3) AGREEMENTS WITH HOLDERS AND TRUSTEES.– The 

Corporation may enter into binding covenants with the holders and 

trustees of its bonds with respect to

(A) the establishment of reserve and other funds;

(B) stipulations concerning the subsequent issuance of bonds; 

and

(C) other matters not inconsistent with this title; that the 

Corporation determines necessary or desirable to enhance the 

marketability of the bonds.

(b) NOT OBLIGATIONS OF UNITED STATES.–Bonds issued by 

the Corporation under this section shall not be obligations of, or 

guaranteed as to principal or interest by, the United States, and the bonds 

shall so plainly state.

(c) TERMS AND CONDITIONS.–

(1) NEGOTIABLE; MATURITY.–Bonds issued by the 

Corporation under this section shall be negotiable instruments unless 

otherwise specified in the bond and shall mature not more than 50 

years after their date of issuance.

(2) ROLE OF SECRETARY OF THE TREASURY.–

(A) RIGHT OF DISAPPROVAL.–The Corporation may set 

the terms and conditions of bonds issued under this section, 

subject to disapproval of such terms and conditions by the 

Secretary of the Treasury within 5 days after the Secretary of the 

Treasury is notified of the following terms and conditions of the 

bonds:

(i) Their forms and denominations.

(ii) The times, amounts, and prices at which they are sold.

(iii) Their rates of interest.

(iv) The terms at which they may be redeemed by the 

Corporation before maturity.

(v) The priority of their claims on the Corporation’s net 

revenues with respect to principal and interest payments.

(vi) Any other terms and conditions.

(B) INAPPLICABILITY OF RIGHT TO PRESCRIBE 

TERMS.–Section 9108(a) of title 31, United States Code, shall not 

apply to the Corporation.

(d) INAPPLICABILITY OF SECURITIES REQUIREMENTS.– The 

Corporation shall be considered an executive department of the United 

42 USC 2297b-8.
Atomic Energy Act of 1954 (P.L. 83–703) 193

States for purposes of section 3(c) of the Securities Exchange Act of 1934 

(15 USC 78c(c)).

(e) INAPPLICABILITY OF FEE.–The Corporation shall not issue or 

sell any bonds to the Federal Financing Bank.

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

(a) EXEMPTION FROM TAXATION.–In order to render financial 

assistance to those States and localities in which the facilities of the 

Corporation are located, the Corporation shall, beginning in fiscal year 

1998, make payments to State and local governments as provided in this 

section. These payments shall be in lieu of any and all State and local 

taxes on the real and personal property of the Corporation. All property 

of the Corporation is expressly exempted from taxation in any manner or 

form by any State, county, or other local government entity including 

State, county, or other local government sales tax.

(b) PAYMENTS IN LIEU OF TAXES.–Beginning in fiscal year 

1998, the Corporation shall make annual payments, in amounts 

determined by the Corporation to be fair and reasonable, to the State and 

local governmental agencies having tax jurisdiction in any area where 

facilities of the Corporation are located. In making these determinations, 

the Corporation shall be guided by the following criteria:

(1) The Corporation shall take into account the customs and 

practices prevailing in the area with respect to appraisal, assessment, 

and classification of industrial property and any special considerations 

extended to large-scale industrial operations.

(2) The payment made to any taxing authority for any period shall 

not be less than the payments that would have been made to the 

taxing authority for the same period by the Department and its costtype contractors on behalf of the Department with respect to property 

that has been transferred to the Corporation under section 1404 and 

that would have been attributable to the ownership, management, 

operation, and maintenance of the Department’s uranium enrichment 

facilities, applying the laws and policies prevailing immediately prior 

to the transition date.

(c) TIME OF PAYMENTS.–Payments shall be made by the 

Corporation at the time when payments of taxes by taxpayers to each 

taxing authority are due and payable.

(d) DETERMINATION OF AMOUNT DUE.–The determination by 

the Corporation of the amounts due under this section shall be final and 

conclusive.

Sec. 1311. Cooperation with Other Agencies

The Corporation may request to use on a reimbursable basis the 

available services, equipment, personnel, and facilities of agencies of the 

United States, and on a similar basis may cooperate with such agencies 

in the establishment and use of services, equipment, and facilities of the 

Corporation. Further, the Corporation may confer with and avail itself of 

the cooperation, services, records, and facilities of State, territorial, 

municipal, or other local agencies.

Sec. 1312. Applicability of Certain Federal Laws

(a) ANTITRUST LAWS.–The Corporation shall conduct its activities 

in a manner consistent with the policies expressed in the following 

antitrust 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 USC 8 and 9).

(b) ENVIRONMENTAL LAWS.–The Corporation shall be subject 

to, and comply with, all Federal and State, interstate, and local 

42 USC 2297b-9.

42 USC 2297b-10.

42 USC 2297b-11.
194 Atomic Energy Act of 1954 (P.L. 83–703)

environmental laws and requirements, both substantive and procedural, in 

the same manner, and to the same extent, as any person who is subject to 

such laws and requirements. For purposes of enforcing any such law or 

substantive or procedural requirements (including any injunctive relief, 

administrative order, or civil or administrative penalty or fine) against the 

Corporation, the United States expressly waives any immunity otherwise 

applicable to the Corporation. For the purposes of this subsection, the 

term “person” means an individual, trust, firm, joint stock company, 

corporation, partnership, association, State, municipality, or political 

subdivision of a State.

(c) OSHA REQUIREMENTS.–Notwithstanding sections 3(5), 

4(b)(1), and 19 of the Occupational Safety and Health Act of 1970 (29 

USC 652(5), 653(b) (1), and 668)), the Corporation shall be subject to, 

and comply with, such Act and all regulations and standards promulgated 

thereunder in the same manner, and to the same extent, as an employer is 

subject to such Act. For the purposes of enforcing such Act (including 

any injunctive relief, administrative order, or civil, administrative, or 

criminal penalty or fine) against the Corporation, the United States 

expressly waives any immunity otherwise applicable to the Corporation.

(d) LABOR STANDARDS.–The Act of March 3, 1931 (known as the 

Davis-Bacon Act) (40 USC 276a et seq.) and the Service Contract Act of 

1965 (41 USC 351 et seq.) shall apply to the Corporation. All laborers 

and mechanics employed on the construction, alteration, or repair of 

projects funded, in whole or in part, by the Corporation shall be paid 

wages at rates not less than those prevailing on projects of a similar 

character in the locality as determined by the Secretary of Labor in 

accordance with such Act of March 3, 1931. The Secretary of Labor shall 

have, with respect to the labor standards specified in this subsection, the 

authority and functions set forth in Reorganization Plan Numbered 14 of 

1950 (15 F.R. 3176, 64 Stat. 1267) and the Act of June 13, 1934 (40 USC 

276c).

(e) ENERGY REORGANIZATION ACT REQUIREMENTS.– The 

Corporation is subject to the provisions of section 210 of the Energy 

Reorganization Act of 1974 (42 USC 5850) to the same extent as an 

employer subject to such section, and, with respect to the operation of the 

facilities leased by the Corporation, section 206 of the Energy 

Reorganization Act of 1974 (42 USC 5846) shall apply to the directors 

and officers of the Corporation.

(f) EXEMPTION FROM FEDERAL PROPERTY 

REQUIREMENTS.–The Corporation shall not be subject to the Federal 

Property and Administrative Services Act of 1949 (41 USC 471 et seq.).

Sec. 1313. Security

Any references to the term “Commission” or to the Department in 

sections 161k., 221a., and 230 shall be considered to include the 

Corporation.

Sec. 1314. Control of Information

(a) IN GENERAL.–Except as provided in subsection (b), the 

Corporation may protect trade secrets and commercial or financial 

information to the same extent as a privately owned corporation.

(b) OTHER APPLICABLE LAWS.–Section 552(d) of title 5, United 

States Code, shall apply to the Corporation, and such information shall be 

subject to the applicable provisions of law protecting the confidentiality 

of trade secrets and business and financial information, including section 

1905 of title 18, United States Code.

42 USC 2297b-12.

42 USC 2297b-13.
Atomic Energy Act of 1954 (P.L. 83–703) 195

Sec. 1315. Transition

(a) TRANSITION MANAGER.–Within 30 days after the date of the 

enactment of this title, the President shall appoint a Transition Manager, 

who shall serve at the pleasure of the President until a quorum of the 

Board has been appointed and confirmed in accordance with section 

1304.

(b) POWERS.–

(1) IN GENERAL.–Until a quorum of the Board has qualified, the 

Transition Manager shall exercise the powers and duties of the Board 

and shall be responsible for taking all actions needed to effect the 

transfer of the uranium enrichment enterprise from the Secretary to 

the Corporation on the transition date.

(2) CONTINUATION UNTIL BOARD HAS QUORUM.–In the 

event that a quorum of the Board has not qualified by the transition 

date, the Transition Manager shall continue to exercise the powers 

and duties of the Board until a quorum has qualified.

(c) RATIFICATION OF TRANSITION MANAGER’S ACTIONS.–

All actions taken by the Transition Manager before the qualification of a 

quorum of the Board shall be subject to ratification by the Board.

(d) RESPONSIBILITIES OF SECRETARY.–Before the transition 

date, the Secretary shall–

(1) continue to be responsible for the management and operation 

of the uranium enrichment plants;

(2) provide funds, to the extent provided in appropriations Acts, to 

the Transition Manager to pay salaries and expenses;

(3) delegate Department employees to assist the Transition 

Manager in meeting his responsibilities under this section; and

(4) assist and cooperate with the Transition Manager in preparing 

for the transfer of the uranium enrichment enterprise to the 

Corporation on the transition date.

(e) TRANSITION DATE.–The transition date shall be July 1, 1993.

(f) DETAIL OF PERSONNEL.–For the purpose of continuity of 

operations, maintenance, and authority, the Department shall detail, for 

up to 18 months after the date of the enactment of this title, appropriate 

Department personnel as may be required in an acting capacity, until such 

time as a Board is confirmed and top officers of the Corporation are 

hired. The Corporation shall reimburse the Department and its contractors 

for the detail of such personnel.

Sec. 1316. Working Capital Account

There shall be established within the Corporation a Working Capital 

Account in which the Corporation may retain all revenue necessary for 

legitimate business expenses, or investments, related to carrying out its 

purposes.

42 USC 2297b-14.

President.

42 USC 2297b-15.
196 Atomic Energy Act of 1954 (P.L. 83–703)

Chapter 24–Rights, Privileges, and Assets of the Corporation397

Sec. 1401. Marketing and Contracting Authority

(a)398 EXCLUSIVE MARKETING AGENT.–The Corporation shall 

act as the exclusive marketing agent on behalf of the United States 

Government for entering into contracts for providing enriched uranium 

(including low-enriched uranium derived from highly enriched uranium) 

and uranium enrichment and related services. The Department may not 

market enriched uranium (including low-enriched uranium derived from 

highly enriched uranium), or uranium enrichment and related services, 

after the transition date.

(b) TRANSFER OF CONTRACTS.

(1) IN GENERAL.–Except as provided in paragraph (2), all 

contracts, agreements, and leases with the Department, including all 

uranium enrichment contracts and power purchase contracts, that 

have been executed by the Department before the transition date and 

that relate to uranium enrichment and related services shall transfer to 

the Corporation.

(2) EXCEPTIONS.

(A) TVA SETTLEMENT.–The rights and responsibilities of 

the Department under the settlement agreement with the 

Tennessee Valley Authority, filed on December 18, 1987, with the 

United States Court of Federal Claims,399 shall not transfer to the 

Corporation.

(B) NONTRANSFERABLE POWER CONTRACTS.–If the 

Secretary determines that a power purchase contract executed by 

the Department prior to the transition date cannot be transferred 

under its terms, the Secretary may continue to receive power 

under the contract and resell such power to the Corporation at 

cost.

(C) NONPOWER APPLICATIONS.–Contracts for enriched 

uranium and uranium services in existence as of the date of the 

enactment of this title for research and development or other 

nonpower applications shall remain with the Department. At the 

request of the Department, the Corporation, in consultation with 

the Department, may enter into such contracts it determines to be 

appropriate.

Sec. 1402. Pricing

(a) SERVICES PROVIDED TO COMMERCIAL CUSTOMERS. –

The Corporation shall establish prices for its products, materials, and 

services provided to customers other than the Department on a basis that 

will allow it to attain the normal business objectives of a profitmaking 

corporation.

(b) SERVICES PROVIDED TO DOE.–The Corporation shall charge 

prices to the Department for uranium enrichment services provided under 

section 1303(9) on a basis that will allow it to recover its costs, on a 

––––––––

397 Section 1401 to 1408 repealed by P.L. 104–134, Title III, Chapter 1, subchapter A, 

section 3116(a), 110 Stat. 1321–349 (1996), provides the following: “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.” [The “privatization date” is defined at 42 U.S.C. section 2297h(9) as 

the date on which 100 percent of the ownership of the United States Enrichment 

Corporation has been transferred to private investors.] 398 Added by P.L. 102–486, 106 Stat. 2934. 399 Amended by P.L. 102–572, Title IX, section 902(b)(1), 106 Stat. 4516 (1992).

42 USC 2297c.

42 USC 2297c-1.
Atomic Energy Act of 1954 (P.L. 83–703) 197

yearly basis, for providing products, materials, and services, and provide 

for a reasonable profit.

Sec. 1403. Leasing of Gaseous Diffusion Facilities of Department

(a) IN GENERAL.–The Corporation shall lease the Paducah Gaseous 

Diffusion Plant in Paducah, Kentucky, the Portsmouth Gaseous Diffusion

Plant in Piketon, Ohio, and related property of the Department, for a 

period of 6 years from the transition date. Thereafter, the Corporation 

shall have the exclusive option to lease such facilities and related 

property for additional periods.

(b) TERMS OF LEASE.–The Corporation and the Department shall 

set mutually agreeable terms for a lease under subsection (a), including 

specifying annual payments to the Department by the Corporation to be 

made. The amount of annual payments shall be equal to the cost incurred 

by the Department in administering the lease and providing services 

related to the lease to the Corporation (excluding depreciation and 

imputed interest on original plant investments in the Department’s 

gaseous diffusion plants and costs under subsection (d)).

(c) EXCLUSION OF FACILITIES FOR PRODUCTION OF 

HIGHLY ENRICHED URANIUM.–Subsection (a) shall not apply to 

Department facilities necessary for the production of highly enriched 

uranium. The Secretary may grant to the Corporation access to such 

facilities for purposes other than the production of highly enriched 

uranium.

(d) DOE RESPONSIBILITY FOR PREEXISTING CONDITIONS.–

The payment of any costs of decontamination and decommissioning, 

response actions, or corrective actions with respect to conditions existing 

before the transition date, in connection with property of the Department 

leased under subsection (a), shall remain the sole responsibility of the 

Department.

(e) ENVIRONMENTAL AUDIT.–The Secretary, in consultation with 

the Administrator of the Environmental Protection Agency, shall conduct 

a comprehensive environmental audit identifying environmental 

conditions that will remain the responsibility of the Department pursuant 

to subsection (d) after the transition date. Such audit shall be completed 

no later than the transition date.

(f) TREATMENT UNDER PRICE-ANDERSON PROVISIONS. –

Any lease executed between the Secretary and the Corporation under this 

section shall be deemed to be a contract for purposes of section 170d.

(g) WAIVER OF EIS REQUIREMENT.–The execution of the lease 

by the Corporation and the Department shall not be considered a major 

Federal action significantly affecting the quality of the human 

environment for purposes of section 102 of the National Environmental 

Policy Act of 1969 (42 USC 4332).

Sec. 1404. Capital Structure of Corporation

(a) CAPITAL STOCK.–

(1) ISSUANCE TO SECRETARY OF THE TREASURY.– The 

Corporation shall issue capital stock representing an equity 

investment equal to the greater of–

(A) $3,000,000,000; or

(B) the book value of assets transferred to the Corporation, as 

reported in the Uranium Enrichment Annual Report for fiscal year 

1991, modified to reflect continued depreciation and other usual 

changes that occur up to the transfer date.

The Secretary of the Treasury shall hold such stock for the United 

States, except that all rights and duties pertaining to management of the 

Corporation shall remain vested in the Board.

42 USC 2297c-2.

42 USC 2297c-3.
198 Atomic Energy Act of 1954 (P.L. 83–703)

(2) RESTRICTION ON TRANSFERS OF STOCK BY UNITED 

STATES.–The capital stock of the Corporation shall not be sold, 

transferred, or conveyed by the United States, except to carry out the 

privatization of the Corporation under section 1502.

(3) ANNUAL ASSESSMENT.–The Secretary of the Treasury 

shall annually assess the value of the stock held by the Secretary 

under paragraph (1) and submit to the Congress a report setting forth 

such value. The annual assessment of the Secretary shall be subject to 

review by an independent auditor.

(b) PAYMENT OF DIVIDENDS.–The Corporation shall pay into 

miscellaneous receipts of the Treasury of the United States or such other 

fund as is provided by law, dividends on the capital stock, out of earnings 

of the Corporation, as a return on the investment represented by such 

stock. Until privatization occurs under section 1502, the Corporation 

shall pay as dividends to the Treasury of the United States all net 

revenues remaining at the end of each fiscal year not required for 

operating expenses or for deposit into the Working Capital Account 

established in section 1316.

(c) PROHIBITION ON ADDITIONAL FEDERAL ASSISTANCE. –

Except as otherwise specifically provided in this title, the Corporation 

shall receive no appropriations, loans, or other financial assistance from 

the Federal Government.

(d) SOLE RECOVERY OF UNRECOVERED COSTS.–Receipt by 

the United States of the proceeds from the sale of stock issued by the 

Corporation under subsection (a)(1), and the dividends paid under 

subsection (b), shall constitute the sole recovery by the United States of 

previously unrecovered costs (including depreciation and imputed 

interest on original plant investments in the Department’s gaseous 

diffusion plants) that have been incurred by the United States for uranium 

enrichment activities prior to the transition date.

Sec. 1405. Patents and Inventions

The Corporation may at any time apply to the Department for a patent 

license for the use of an invention or discovery useful in the production 

or utilization of special nuclear material or atomic energy covered by a 

patent when the patent has not been declared to be affected with the 

public interest under section 153a. and when use of the patent is within 

the Corporation’s authority. An application shall constitute an application 

under section 153c. subject to section 153c., d., e., f., g., and h.

Sec. 1406. Liabilities

(a) LIABILITIES BASED ON OPERATIONS BEFORE 

TRANSITION.–Except as otherwise provided in this title, all liabilities 

attributable to operation of the uranium enrichment enterprise before the 

transition date shall remain direct liabilities of the Department.

(b) JUDGMENTS BASED ON OPERATIONS BEFORE 

TRANSITION.– Any judgment entered against the Corporation imposing 

liability arising out of the operation of the uranium enrichment enterprise 

before the transition date shall be considered a judgment against and shall 

be payable solely by the Department.

(c) REPRESENTATION.–With regard to any claim seeking to 

impose liability under subsection (a) or (b), the United States shall be 

represented by the Department of Justice.

(d) JUDGMENTS BASED ON OPERATIONS AFTER 

TRANSITION.–Any judgment entered against the Corporation arising 

from operations of the Corporation on or after the transition date shall be 

payable solely by the Corporation from its own funds. The Corporation 

42 USC 2297c-4.

42 USC 2297c-5.
Atomic Energy Act of 1954 (P.L. 83–703) 199

shall not be considered a Federal agency for purposes of chapter 171 of 

title 28, United States Code.

Sec. 1407. Transfer of Uranium Inventories

The Secretary shall transfer to the Corporation without charge all raw 

and low-enriched uranium inventories of the Department necessary for 

the fulfillment of contracts transferred under section 1401(b).

Sec. 1408. Purchase of Highly Enriched Uranium from Former 

Soviet Union

(a) IN GENERAL.–The Corporation is authorized to negotiate the 

purchase of all highly enriched uranium made available by any State of 

the former Soviet Union under a government-to-government agreement 

or shall assume the obligations of the Department under any contractual 

agreement that has been reached with any such State or any private entity 

before the transition date. The Corporation may only purchase this 

material so long as the quality of the material can be made suitable for 

use in commercial reactors.

(b) ASSESSMENT OF POTENTIAL USE.–The Corporation shall 

prepare an assessment of the potential use of highly enriched uranium in 

the business operations of the Corporation.

(c) PLAN FOR BLENDING AND CONVERSION.–In the event that 

the agreement under subsection (a) provides for the Corporation to 

provide for the blending and conversion the assessment shall include a 

plan for such blending and conversion. The plan shall determine the leastcost approach to providing blending and conversion services, compatible 

with environmental, safety, security, and nonproliferation requirements. 

The plan shall include a competitive process that the Corporation shall 

use for selecting a provider of such services, including the public 

solicitation of proposals from the private sector to allow a determination 

of the least-cost approach.

(d) MINIMIZATION OF IMPACT ON DOMESTIC INDUSTRIES.–

The Corporation shall seek to minimize the impact on domestic industries 

(including uranium mining) of the sale of low-enriched uranium derived 

from highly enriched uranium.

Chapter 25–Privatization of the Corporation400

Sec. 1501. Strategic Plan for Privatization

(a) IN GENERAL.–Within 2 years after the transition date, the 

Corporation shall prepare a strategic plan for transferring ownership of 

the Corporation to private investors. The Corporation shall revise the plan 

as needed.

(b) CONSIDERATION OF ALTERNATIVE MEANS OF 

TRANSFERRING OWNERSHIP.–The plan shall include consideration 

of alternative means for transferring ownership of the Corporation to 

private investors, including public stock offering, private placement, or 

merger or acquisition. The plan may call for the phased transfer of 

ownership or for complete transfer at a single point of time. If the plan 

calls for phased transfer of ownership, then–

––––––––

400 Added by P.L. 102–486, 106 Stat. 2937 (1992). Sections 1501 and 1502 are repealed 

by P.L. 104–134, Title III, § 3116(a)(1), 110 Stat. 1321–349 (1996). It provides the 

following: “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.” [The “privatization

date” is defined at 42 U.S.C. 2297h(9) as the date on which 100 percent of the ownership of 

the United States Enrichment Corporation has been transferred to private investors.]

42 USC 2297c-6.

42 USC 2297c-7.

42 USC 2297d.
200 Atomic Energy Act of 1954 (P.L. 83–703)

(1) privatization shall be deemed to occur when 100 percent of 

ownership has been transferred to private investors;

(2) prior to privatization, such stock shall be nonvoting stock; and

(3) at the time of privatization, such stock shall convert to voting 

stock.

(c) EVALUATION AND RECOMMENDATION.–The plan shall 

evaluate the relative merits of the alternatives considered and the 

estimated return on the Government’s investment in the Corporation 

achievable through each alternative. The plan shall include the 

Corporation’s recommendation on its preferred means of privatization.

(d) TRANSMITTAL.–The Corporation shall transmit copies of the 

strategic plan for privatization to the President and Congress upon 

completion.

Sec. 1502. Privatization

(a) IMPLEMENTATION.–Subsequent to transmitting a plan for 

privatization pursuant to section 1501, and subject to subsections (b) and 

(c), the Corporation may implement the privatization plan if the 

Corporation determines, in consultation with appropriate agencies of the 

United States, that privatization will–

(1) result in a return to the United States at least equal to the net 

present value of the Corporation;

(2) not result in the Corporation being owned, controlled, or 

dominated by an alien, a foreign corporation, or a foreign 

government;

(3) not be inimical to the health and safety of the public or the 

common defense and security; and

(4) provide reasonable assurance that adequate enrichment 

capacity will remain available to meet the domestic electric utility 

industry.

(b) REQUIREMENT OF PRESIDENTIAL APPROVAL.–The 

Corporation may not implement the privatization plan without the 

approval of the President.

(c) NOTIFICATION OF CONGRESS AND GAO EVALUATION.–

The Corporation shall notify the Congress of its intent to implement the 

privatization plan. Within 30 days of notification, the Comptroller 

General shall submit a report to Congress evaluating the extent to which–

(1) the privatization plan would result in any ongoing obligation 

or undue cost to the Federal Government; and

(2) the revenues gained by the Federal Government under the 

privatization plan would represent at least the net present value of the 

Corporation.

(d) PERIOD FOR CONGRESSIONAL REVIEW.–The Corporation 

may not implement the privatization plan less than 60 days after 

notification of the Congress.

(e) DEPOSIT OF PROCEEDS.–Proceeds from the sale of capital 

stock of the Corporation under this section shall be deposited in the

general fund of the Treasury.

42 USC 2297d-1.
Atomic Energy Act of 1954 (P.L. 83–703) 201

Chapter 26–AVLIS and Alternative Technologies for Uranium 

Enrichment

Sec. 1601. Assessment by United States Enrichment Corporation401

(a) IN GENERAL.–The Corporation shall prepare an assessment of 

the economic viability of proceeding with the commercialization of 

AVLIS and alternative technologies for uranium enrichment in 

accordance with this chapter. The assessment shall include–

(1) an evaluation of market conditions together with a marketing 

strategy;

(2) an analysis of the economic viability of competing enrichment 

technologies;

(3) an identification of predeployment and capital requirements 

for the commercialization of AVLIS and alternative technologies for 

uranium enrichment;

(4) an estimate of potential earnings from the licensing of AVLIS 

and alternative technologies for uranium enrichment to a private 

government sponsored corporation;

(5) an analysis of outstanding and potential patent and related 

claims with respect to AVLIS and alternative technologies for 

uranium enrichment, and a plan for resolving such claims; and

(6) a contingency plan for providing enriched uranium and related 

services in the event that deployment of AVLIS and alternative 

technologies for uranium enrichment is determined not to be 

economically viable.

(b) DETERMINATION BY CORPORATION TO PROCEED WITH

COMMERCIALIZATION OF AVLIS OR ALTERNATIVE 

TECHNOLOGIES FOR URANIUM ENRICHMENT.–The succeeding 

sections of this chapter shall apply only to the extent the Corporation 

determines in its business judgment, on the basis of the assessment 

prepared under subsection (a), to proceed with the commercialization of 

AVLIS or alternative technologies for uranium enrichment.

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

Enrichment Corporation

(a) EXCLUSIVE RIGHT TO COMMERCIALIZE.–The Corporation 

shall have the exclusive commercial right to deploy and use any AVLIS 

patents, processes, and technical information owned or controlled by the 

Government, upon completion of a royalty agreement with the 

Department.

(b) TRANSFER OF RELATED PROPERTY TO CORPORATION.–

(1) IN GENERAL.–TO the extent requested by the Corporation, 

the President shall transfer without charge to the Corporation all of 

the Department’s right, title, or interest in and to property owned by 

the Department, or by the United States but under control or custody 

of the Department, that is directly related to and materially useful in 

the performance of the Corporation’s purposes regarding AVLIS and 

alternative technologies for uranium enrichment, including–

––––––––

401 Added by P.L. 102–486, 106 Stat. 2939 (1992). Sections 1601 and 1608 are repealed 

by P.L. 104–134, Title III, Chapter 1, Subchapter A, § 3116(a), 110 Stat. 1321–349 (1996), 

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.” [The “privatization date” is defined at 

42 U.S.C. 2297h(9) as the date on which 100 percent of the ownership of the United States 

Enrichment Corporation has been transferred to private investors.]

42 USC 2297e.

42 USC 2297e-1.
202 Atomic Energy Act of 1954 (P.L. 83–703)

(A) facilities, equipment, and materials for research, 

development, and demonstration activities; and

(B) all other facilities, equipment, materials, processes, 

patents, technical information of any kind, contracts, agreements, 

and leases.

(2) EXCEPTION.–Facilities, real estate, improvements, and 

equipment related to the gaseous diffusion, and gas centrifuge, 

uranium enrichment programs of the Department shall not transfer 

under paragraph (1)(B).

(3) EXPIRATION OF TRANSFER AUTHORITY.–The 

President’s authority to transfer property under this subsection shall 

expire upon privatization under section 1502.

(c) LIABILITY FOR PATENT AND RELATED CLAIMS.–With 

respect to any right, title, or interest provided to the Corporation under 

subsection (a) or (b), the Corporation shall have sole liability for any 

payments made or awards under section 157b.(3), or any settlements or 

judgments involving claims for alleged patent infringement. Any royalty 

agreement under subsection (a) shall provide for a reduction of royalty 

payments to the Department to offset any payments, awards, settlements, 

or judgments under this subsection.

Sec. 1603. Predeployment Activities by United States Enrichment 

Corporation

The Corporation may begin activities necessary to prepare AVLIS or 

alternative technologies for uranium enrichment for commercialization 

including–

(1) completion of preapplication activities with the Nuclear 

Regulatory Commission;

(2) preparation of a transition plan to move AVLIS or alternative 

technologies for uranium enrichment from the laboratory to the 

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 engineering; and

(7) site selection, site characterization, and environmental 

documentation activities on the basis of site evaluations and 

recommendations prepared for the Department by the Argonne 

National Laboratory.

Sec. 1604. United States Enrichment Corporation Sponsorship of

Private For-Profit Corporation to Construct AVLIS and Alternative 

Technologies for Uranium Enrichment

(a) ESTABLISHMENT.–

(1) IN GENERAL.–If the Corporation determines to proceed with 

the commercialization of AVLIS or alternative technologies for 

uranium enrichment under this chapter, the Corporation may provide 

for the establishment of a private for-profit corporation, which shall 

have as its initial purpose the construction of a uranium enrichment 

facility using AVLIS technology or alternative technologies for 

uranium enrichment.

(2) PROCESS OF ORGANIZATION.–For purposes of the 

establishment of the private corporation under paragraph (1), the 

Corporation shall appoint not less than 3 persons to be incorporators. 

The incorporators so appointed shall each sign the articles of 

incorporation and shall serve as the initial board of directors until the 

members of the 1st regular board of directors shall have been 

appointed and elected. Such incorporators shall take whatever actions 

42 USC 2297e-2.

42 USC 2297e-3.
Atomic Energy Act of 1954 (P.L. 83–703) 203

are necessary or appropriate to establish the private corporation, 

including the filing of articles of incorporation in such jurisdiction as 

the incorporators determine to be appropriate. The incorporators shall 

also develop a plan for the issuance by the private corporation of 

voting common stock to the public, which plan shall be subject to the 

approval of the Secretary of the Treasury.

(b) LEGAL STATUS OF PRIVATE CORPORATION.–

(1) NOT FEDERAL AGENCY.–The private corporation 

established under subsection (a) shall not be an agency, 

instrumentality, or establishment of the United States Government 

and shall not be a Government corporation or Government controlled 

corporation.

(2) NO RECOURSE AGAINST UNITED STATES.–Obligations 

of the private corporation established under subsection (a) shall not be 

obligations of, or guaranteed as to principal or interest by, the 

Corporation or the United States, and the obligations shall so plainly 

state.

(3) NO CLAIMS COURT JURISDICTION.–NO action under 

section 1491 of title 28, United States Code, shall be allowable 

against the United States based on the actions of the private 

corporation established under subsection (a).

(c) TRANSACTIONS BETWEEN UNITED STATES 

ENRICHMENT CORPORATION AND PRIVATE CORPORATION;–

(1) GRANTS FROM USEC.–The Corporation may make grants 

to the private corporation established under subsection (a) from 

amounts available in the AVLIS Commercialization Fund. Such 

grants shall be used by the private corporation to carry out any 

remaining predeployment activity assigned to the private corporation 

by the Corporation. Such grants may not be used for the costs of 

constructing an AVLIS, or alternative technologies for uranium 

enrichment, production facility or engaging in directly related 

preconstruction activities (other than such assigned predeployment 

activities). The aggregate amount of such grants shall not exceed 

$364,000,000.

(2) LICENSING AGREEMENT.–The Corporation shall license to 

the private corporation established under subsection (a) the rights, 

titles, and interests provided to the Corporation under section 1602. 

The licensing agreement shall require the private corporation to make 

periodic payments to the Corporation in an amount that is not less

than the aggregate amounts paid by the Corporation during the period 

involved under subsections (a) and (c) of section 1602.

(3) PURCHASE AGREEMENT.–The Corporation may enter into 

a commitment to purchase all enriched uranium produced at an 

AVLIS, or alternative technologies for uranium enrichment, facility 

of the private corporation established under subsection (a) at a price 

negotiated by the 2 corporations that–

(A) provides the private corporation with a reasonable return 

on its investment; and

(B) is less costly than enriched uranium available from other 

sources.

(4) ADDITIONAL ASSISTANCE.–The Corporation may provide 

to the private corporation established under subsection (a), on a 

reimbursable basis, such additional personnel, services, and 

equipment as the 2 corporations may determine to be appropriate.
204 Atomic Energy Act of 1954 (P.L. 83–703)

Sec. 1605. AVLIS Commercialization Fund Within United States 

Enrichment Corporation

(a) ESTABLISHMENT.–The Corporation may establish within the 

Corporation an AVLIS Commercialization Fund, which shall consist of 

not more than $364,000,000 paid into the Fund by the Corporation from 

amounts provided in appropriation Acts for such purposes and from the 

retained earnings of the Corporation.

(b) EXPENDITURES FROM FUND.–Amounts in the AVLIS 

Commercialization Fund shall be available for–

(1) expenses of the Corporation in preparing the assessment under 

section 1601;

(2) expenses of predeployment activities under section 1603; and

(3) grants to the private corporation under section 1604.

(c) LIMITATIONS.–

(1) EXCLUSIVE SOURCE OF FUNDS.–The Corporation may 

not incur any obligation, or expend any amount, with respect to 

AVLIS or alternative technologies for uranium enrichment, except 

from amounts available in the AVLIS Commercialization Fund.

(2) UNAVAILABLE FOR CONSTRUCTION COSTS.–No 

amount may be used from the AVLIS Commercialization Fund for 

the costs of constructing an AVLIS, or alternative technologies for 

uranium enrichment, production facility or engaging in directly 

related preconstruction activities (other than activities specified in 

subsection (b)).

(d) AUTHORIZATION OF APPROPRIATIONS.–There is 

authorized to be appropriated $364,000,000 from the Uranium 

Enrichment Special Fund for purposes of this section.

(e) COST REPORT.–On the basis of the assessment under section 

1601(a)(3), the Corporation shall submit to the Congress a report on the 

capital requirements for commercialization of AVLIS.

Sec. 1606. Department Research and Development Assistance

If requested by the Corporation, the Secretary shall provide, on a 

reimbursable basis, research and development of AVLIS and alternative 

technologies for uranium enrichment.

Sec. 1607. Site Selection

This chapter shall not prejudice consideration of the site of an existing 

uranium enrichment facility as a candidate site for future expansion or 

replacement of uranium enrichment capacity through AVLIS or 

alternative technologies for uranium enrichment. Selection of a site for 

the AVLIS, or alternative technologies for uranium enrichment, facility 

shall be made on a competitive basis, taking into consideration economic 

performance, environmental compatibility, and use of any existing 

uranium enrichment facilities.

Sec. 1608. Exclusion from Price-Anderson Coverage

Section 170 shall not apply to any license under section 53, 63, or 103 

for a uranium enrichment facility constructed after the date of the 

enactment of this title.

42 USC 2297e-4.

42 USC 2297e-5.

42 USC 2297e-6.

42 USC 2297e-7.
Atomic Energy Act of 1954 (P.L. 83–703) 205

Chapter 27–Licensing and Regulation of Uranium Enrichment 

Facilities

Sec. 1701. Gaseous Diffusion Facilities

(a)402 ISSUANCE OF STANDARDS.–Within 2 years after the date 

of the enactment of this title [enacted October 24, 1992], the Nuclear 

Regulatory Commission shall establish by regulation such standards as 

are necessary to govern the gaseous diffusion uranium enrichment 

facilities of the Department in order to protect the public health and 

safety from radiological hazard and provide for the common defense and 

security. Regulations promulgated pursuant to this subsection shall, 

among other things, require that adequate safeguards (within the meaning 

of section 147) are in place.

(b) ANNUAL REPORT.–

(1) IN GENERAL.–Not later than the date on which a certificate 

of compliance is issued under subsection (c), the Nuclear Regulatory 

Commission in consultation with the Department and the 

Environmental Protection Agency, shall report to the Congress on the 

status of health, safety, and environmental conditions at the gaseous 

diffusion uranium enrichment facilities of the Department.

(2) REQUIRED DETERMINATION.–Such report shall include a 

determination regarding whether the gaseous diffusion uranium 

enrichment facilities of the Department are in compliance with the 

standards established under subsection (a) and all applicable laws.

(c) CERTIFICATION PROCESS.–

(1) ESTABLISHMENT.–The Nuclear Regulatory Commission 

shall establish a certification process to ensure that the Corporation 

complies with standards established under subsection (a).

(2) PERIODIC APPLICATION FOR CERTIFICATE OF 

COMPLIANCE.–The Corporation shall apply to the Nuclear 

Regulatory Commission for a certificate of compliance under 

paragraph (1) periodically, as determined by the Commission, but not 

less than every 5 years. The Commission shall review any such 

application and any determination made under subsection (b)(2) shall 

be based on the results of any such review.403

(3) TREATMENT OF CERTIFICATE OF COMPLIANCE.–The 

requirement for a certificate of compliance under paragraph (1) shall 

be in lieu of any requirement for a license for any gaseous diffusion 

facility of the Department leased by the Corporation.

(4) NRC REVIEW.–

(A) IN GENERAL.–The Nuclear Regulatory Commission, in 

consultation with the Environmental Protection Agency, shall 

review the operations of the Corporation with respect to any 

gaseous diffusion uranium enrichment facilities of the Department 

leased by the Corporation to ensure that public health and safety 

are adequately protected.

(B) ACCESS TO FACILITIES AND INFORMATION.– The 

Corporation and the Department shall cooperate fully with the 

Nuclear Regulatory Commission and the Environmental 

––––––––

402 Added by P.L. 102–486, 106 Stat. 2951 (1992), as amended by P.L. 104–134, 

Title III, Chapter 1, Subchapter A, § 3116(b)(3), 110 Stat. 1321–349 (1996); P.L. 105–362, 

Title II, § 1202, 112 Stat. 3292 (1998). 403 Amended by P.L. 104–134, Title III, Chapter 1, Subchapter A, § 3116(b)(3),

110 Stat. 1321–349 (1996); P.L. 105–362, Title XII, § 1202, 112 Stat. 3292 (1998).

42 USC 2297f.
206 Atomic Energy Act of 1954 (P.L. 83–703)

Protection Agency and shall provide the Nuclear Regulatory 

Commission and the Environmental Protection Agency with the 

ready access to the facilities, personnel, and information the 

Nuclear Regulatory Commission and the Environmental 

Protection Agency consider necessary to carry out their 

responsibilities under this subsection. A contractor operating a 

Corporation facility for the Corporation shall provide the Nuclear 

Regulatory Commission and the Environmental Protection 

Agency with ready access to the facilities, personnel, and 

information of the contractor as the Nuclear Regulatory 

Commission and the Environmental Protection Agency consider 

necessary to carry out their responsibilities under this subsection.

(C) LIMITATION.–The Nuclear Regulatory Commission 

shall limit its finding under subsection (b)(2) to a determination of 

whether the facilities are in compliance with the standards 

established under subsection (a).

(d) REQUIREMENT FOR OPERATION.–The gaseous diffusion 

uranium enrichment facilities of the Department may not be operated by 

the Corporation unless the Nuclear Regulatory Commission, in 

consultation with the Environmental Protection Agency, makes a 

determination of compliance under subsection (b) or approves a plan 

prepared by the Department for achieving compliance required under 

subsection (b).

Sec. 1702. Licensing of Other Technologies

(a) IN GENERAL.–Corporation facilities using alternative 

technologies for uranium enrichment, including than AVLIS, shall be 

licensed under sections 53, 63, and 193.404

(b) COSTS FOR DECONTAMINATION AND 

DECOMMISSIONING.–The Corporation shall provide for the costs of 

decontamination and decommissioning of any Corporation facilities 

described in subsection (a) in accordance with the requirements of the 

amendments made by section 5 of the Solar, Wind, Waste, and 

Geothermal Power Production Act of 1990.

Sec. 1703. Regulation of Restricted Data

The Corporation shall be subject to this Act with respect to the use of, 

or access to, Restricted Data to the same extent as any private 

corporation.

Chapter 28–Decontamination and Decommissioning

Sec. 1801. Uranium Enrichment Decontamination and

Decommissioning Fund

(a)405 ESTABLISHMENT.–There is established in the Treasury of the 

United States an account to be known as the Uranium Enrichment 

Decontamination and Decommissioning Fund (referred to in this chapter 

as the “Fund”). The Fund, and any amounts deposited in it, including any 

interest earned thereon, shall be available to the Secretary subject to 

appropriations for the exclusive purpose of carrying out this chapter.

(b) ADMINISTRATION.–

(1) IN GENERAL.–The Secretary of the Treasury shall hold the 

Fund and, after consultation with the Secretary, annually report to the 

––––––––

404 Amended by P.L. 104–134, Title III, Chapter 1, Subchapter A, § 3116(b)(4), 

110 Stat. 1321–349 (1996). 405 Added by P.L. 102–486, 106 Stat. 2953 (1992).

42 USC 2297f-1.

42 USC 2297f-2.

42 USC 2297g.
Atomic Energy Act of 1954 (P.L. 83–703) 207

Congress on the financial condition and operations of the Fund during 

the preceding fiscal year.

(2) INVESTMENTS.–The Secretary of the Treasury shall invest 

amounts contained within the Fund in obligations of the United State–

(A) having maturities determined by the Secretary of the 

Treasury to be appropriate for what the Department determines to 

be the needs of the Fund; and

(B) bearing interest at rates determined to be appropriate by 

the Secretary of the Treasury, taking into consideration the current 

average market yield on outstanding marketable obligations of the 

United States with remaining periods to maturity comparable to 

these obligations.

Sec. 1802. Deposits

(a) AMOUNT.–The Fund shall consist of deposits in the amount of 

$518,233,333 per fiscal year (to be annually adjusted for inflation 

beginning on the date of the enactment of the Energy Policy Act of 1992 

[October 24, 1992]

406 using the Consumer Price Index for all-urban 

consumers published by the Department of Labor) as provided in this 

section.

(b) SOURCE.–Deposits described in subsection (a) shall be from the 

following sources:

(1) Sums collected pursuant to subsection (c).

(2) Appropriations made pursuant to subsection (d).

(c) SPECIAL ASSESSMENT.–The Secretary shall collect a special 

assessment from domestic utilities. The total amount collected for a fiscal 

year shall not exceed $160,000,000 (to be annually adjusted for inflation

using the Consumer Price Index for all-urban consumers published by the 

Department of Labor). The amount collected from each utility pursuant to 

this subsection on for a fiscal year shall be in the same ratio to the 

amount required under subsection (a) to be deposited for such fiscal year 

as the total amount of separative work units such utility has purchased 

from the Department of Energy for the purpose of commercial electricity 

generation, before the date of the enactment of this title, bears to the total 

amount of separative work units purchased from the Department of 

Energy for all purposes (including units purchased or produced for 

defense purposes) before the date of the enactment of this title. For 

purposes of this subsection–

(1) a utility shall be considered to have purchased a separative 

work unit from the Department if such separative work unit was 

produced by the Department, but purchased by the utility from 

another source; and

(2) a utility shall not be considered to have purchased a separative 

work unit from the Department if such separative work unit was 

purchased by the utility, but sold to another source.

(d) AUTHORIZATION OF APPROPRIATIONS.–There are 

authorized to be appropriated to the Fund, for the period encompassing 

15 years after the date of the enactment of this title, such sums as are 

necessary to ensure that the amount required under subsection (a) is 

deposited for each fiscal year.

(e) TERMINATION OF ASSESSMENTS.–The collection of 

amounts under subsection (c) shall cease after the earlier of–

(1) 16 years after the date of the enactment of this title; or

––––––––

406 Amended by P.L. 105–388, 112 Stat. 3485 (1998).

42 USC 2297g-1.
208 Atomic Energy Act of 1954 (P.L. 83–703)

(2) the collection of $2,260,000,000 (to be annually adjusted for 

inflation using the Consumer Price Index for all-urban consumers 

published by the Department of Labor) under such subsection.

(f) CONTINUATION OF DEPOSITS.–Except as provided in 

subsection (e), deposits shall continue to be made into the Fund under 

subsection (d) for the period specified in such subsection.

(g) TREATMENT OF ASSESSMENT.–Any special assessment 

levied under this section on domestic utilities for the decontamination and 

decommissioning of the Department’s gaseous diffusion enrichment 

facilities shall be deemed a necessary and reasonable current cost of fuel 

and shall be fully recoverable in rates in all jurisdictions in the same 

manner as the utility’s other fuel cost.

Sec. 1803. Department Facilities

(a) STUDY BY NATIONAL ACADEMY OF SCIENCES.–The 

National Academy of Sciences shall conduct a study and provide 

recommendations for reducing costs associated with decontamination and 

decommissioning, and shall report its findings to the Congress within 3 

years after the date of the enactment of this title. Such report shall include 

a determination of the decontamination and decommissioning required 

for each facility shall identify alternative methods, using different 

technologies, shall include sit-specific surveys of the actual 

contamination, and shall provide estimated costs of those activities.

(b) PAYMENT OF DECONTAMINATION AND 

DECOMMISSIONING COSTS.–The costs of all decontamination and 

decommissioning activities of the Department shall be paid from the 

Fund until such time as the Secretary certifies and the Congress concurs, 

by law, that such activities are complete.

(c) PAYMENT OF REMEDIAL ACTION COSTS.–The annual cost 

of remedial action at the Department’s gaseous diffusion facilities shall 

be paid from the Fund to the extent the amount available in the Fund is 

sufficient. To the extent the amount in the Fund is insufficient, the 

Department shall be responsible for the cost of remedial action. No 

provision of this title may be construed to relieve in any way the 

responsibility or liability of the Department for remedial action under 

applicable Federal and State laws and regulations.

Sec. 1804. Employee Provisions

All laborers and mechanics employed by contractors or 

subcontractors in the performance of decontamination or 

decommissioning of uranium enrichment facilities of the Department 

shall be paid wages at rates not less than those prevailing on projects of a 

similar character in the locality as determined by the Secretary of Labor 

in accordance with the Act of March 3, 1931 (known as the Davis-Bacon 

Act) (40 USC 276a et seq.). The Secretary of Labor shall have, with 

respect to the labor standards specified in this section, the authority and 

functions set forth in Reorganization Plan Numbered 14 of 1950 (15 FR 

3176, 64 Stat. 1267) and the Act of June 13, 1934 (40 USC 276c). This 

section may not be construed to require the contracting out of activities 

associated with the decontamination or decommissioning of uranium 

enrichment facilities.

Sec. 1805. Reports to Congress

Within 3 years after the date of the enactment of this title, and at least 

once every 3 years thereafter, the Secretary shall report to the Congress 

on progress under this chapter. The 5th report submitted under this 

section shall contain recommendations of the Secretary for the 

reauthorization of the program and Fund under this title.

42 USC 2297g-2.

42 USC 2297g-3.

42 USC 2297g-4.
Atomic Energy Act of 1954 (P.L. 83–703) 209

Title III–Rescissions and Offsets

Chapter 1–Energy and Water Development Uranium Enrichment 

Capacity

Subchapter A–United States Enrichment Corporation Privatization

Sec. 3101. Short Title

This subchapter may be cited as the “USEC Privatization Act.”407

Sec. 3102. Definitions

Except as provided in section 3112A. [42 USC 2297h-10a], for 

purposes of this subchapter:408

(1) The term “AVLIS” means atomic vapor laser isotope 

separation technology.

(2) The term “Corporation” means the United States Enrichment 

Corporation and, unless the context otherwise requires, includes the 

private corporation and any successor thereto following privatization.

(3) The term “gaseous diffusion plants” means the Paducah 

Gaseous Diffusion Plant at Paducah, Kentucky and the Portsmouth 

Gaseous Diffusion Plant at Piketon, Ohio.

(4) The term “highly enriched uranium” means uranium enriched 

to 20 percent or more of the uranium-235 isotope.

(5) The term “low-enriched uranium” means uranium enriched to 

less than 20 percent of the uranium-235 isotope, including that which 

is derived from highly enriched uranium.

(6) The term “low-level radioactive waste” has the meaning given 

such term in section 2(9) of the Low-Level Radioactive Waste Policy 

Act (42 USC 2021b(9)).

(7) The term “private corporation” means the corporation 

established under section 3105.

(8) The term “privatization” means the transfer of ownership of 

the Corporation to private investors.

(9) The term “privatization date” means the date on which 100 

percent of the ownership of the Corporation has been transferred to 

private investors.

(10) The term “public offering” means an underwritten offering to 

the public of the common stock of the private corporation pursuant to 

section 3104.

(11) The “Russian HEU Agreement” means the Agreement 

Between the Government of the United States of America and the 

Government of the Russian Federation Concerning the Disposition of 

Highly Enriched Uranium Extracted from Nuclear Weapons, dated 

February 18, 1993.

(12) The term “Secretary” means the Secretary of Energy.

(13) The “Suspension Agreement” means the Agreement to 

Suspend the Antidumping Investigation on Uranium from the Russian 

Federation, as amended.

(14) The term “uranium enrichment” means the separation of 

uranium of a given isotopic content into two components, one having 

––––––––

407 Sections 3102 through 3115 were enacted as part of the USEC Privatization Act, 

P.L. 104–134, Title III, Chapter 1, Subchapter A, 110 Stat. 1321–335 (1996) and not as part 

of the Atomic Energy Act of 1954, which generally comprises this Chapter.

408 Amended by P.L. 110–329, 122 Stat. 3647 (2008).

42 USC 2011 

note.

42 USC 2297h.
210 Atomic Energy Act of 1954 (P.L. 83–703)

a higher percentage of a fissile isotope and one having a lower 

percentage.

Sec. 3103. Sale of the Corporation

(a) Authorization.–The Board of Directors of the Corporation, with 

the approval of the Secretary of the Treasury, shall transfer the interest of 

the United States in the United States Enrichment Corporation to the 

private sector in a manner that provides for the long-term viability of the 

Corporation, provides for the continuation by the Corporation of the 

operation of the Department of Energy’s gaseous diffusion plants, 

provides for the protection of the public interest in maintaining a reliable 

and economical domestic source of uranium mining, enrichment and 

conversion services, and, to the extent not inconsistent with such 

purposes, secures the maximum proceeds to the United States.

(b) Proceeds.–Proceeds from the sale of the United States’ interest in 

the Corporation shall be deposited in the general fund of the Treasury.

Sec. 3104. Method of Sale

(a) Authorization.–The Board of Directors of the Corporation, with 

the approval of the Secretary of the Treasury, shall transfer ownership of 

the assets and obligations of the Corporation to the private corporation 

established under section 3105 (which may be consummated through a 

merger or consolidation effected in accordance with, and having the 

effects provided under, the law of the State of incorporation of the private 

corporation, as if the Corporation were incorporated thereunder).

(b) Board Determination.–The Board, with the approval of the 

Secretary of the Treasury, shall select the method of transfer and establish 

terms and conditions for the transfer that will provide the maximum 

proceeds to the Treasury of the United States and will provide for the 

long-term viability of the private corporation, the continued operation of 

the gaseous diffusion plants, and the public interest in maintaining 

reliable and economical domestic uranium mining and enrichment 

industries.

(c) Adequate Proceeds.–The Secretary of the Treasury shall not allow 

the privatization of the Corporation unless before the sale date the 

Secretary of the Treasury determines that the method of transfer will 

provide the maximum proceeds to the Treasury consistent with the 

principles set forth in section 3103(a).

(d) Application of Securities Laws.–Any offering or sale of securities 

by the private corporation shall be subject to the Securities Act of 1933 

(15 USC 77a et seq.), the Securities Exchange Act of 1934 (15 USC 78a 

et seq.), and the provisions of the Constitution and laws of any State, 

territory, or possession of the United States relating to transactions in 

securities.

(e) Expenses.–Expenses of privatization shall be paid from 

Corporation revenue accounts in the United States Treasury.

Sec. 3105. Establishment of Private Corporation

(a) Incorporation.–

(1) The directors of the Corporation shall establish a private forprofit corporation under the laws of a State for the purpose of 

receiving the assets and obligations of the Corporation at privatization 

and continuing the business operations of the Corporation following 

privatization.

(2) The directors of the Corporation may serve as incorporators of 

the private corporation and shall take all steps necessary to establish 

the private corporation, including the filing of articles of 

incorporation consistent with the provisions of this subchapter.

42 USC 2297h-1.

42 USC 2297h-2.

42 USC 2297h-3.
Atomic Energy Act of 1954 (P.L. 83–703) 211

(3) Employees and officers of the Corporation (including 

members of the Board of Directors) acting in accordance with this 

section on behalf of the private corporation shall be deemed to be 

acting in their official capacities as employees or officers of the 

Corporation for purposes of section 205 of title 18, United States 

Code.

(b) Status of the Private Corporation.–

(1) The private corporation shall not be an agency, 

instrumentality, or establishment of the United States, a Government 

corporation, or a Government-controlled corporation.

(2) Except as otherwise provided by this subchapter, financial 

obligations of the private corporation shall not be obligations of, or 

guaranteed as to principal or interest by, the Corporation or the United 

States, and the obligations shall so plainly state.

(3) No action under section 1491 of title 28, United States Code, 

shall be allowable against the United States based on actions of the 

private corporation.

(c) Application of Post-Government Employment Restrictions.–

Beginning on the privatization date, the restrictions stated in section 

207(a), (b), (c), and (d) of title 18, United States Code, shall not apply to 

the acts of an individual done in carrying out official duties as a director, 

officer, or employee of the private corporation, if the individual was an 

officer or employee of the Corporation (including a director) 

continuously during the 45 days prior to the privatization date.

(d) Dissolution.–In the event that the privatization does not occur, the 

Corporation will provide for the dissolution of the private corporation 

within one year of the private corporation’s incorporation unless the 

Secretary of the Treasury or his delegate, upon the Corporation’s request, 

agrees to delay any such dissolution for an additional year.

Sec. 3106. Transfers to the Private Corporation

Concurrent with privatization, the Corporation shall transfer to the 

private corporation–

(1) the lease of the gaseous diffusion plants in accordance with 

section 3107,

(2) all personal property and inventories of the Corporation,

(3) all contracts, agreements, and leases under section 3108(a),

(4) the Corporation’s right to purchase power from the Secretary 

under section 3108(b),

(5) such funds in accounts of the Corporation held by the Treasury 

or on deposit with any bank or other financial institution as approved 

by the Secretary of the Treasury, and

(6) all of the Corporation’s records, including all of the papers and 

other documentary materials, regardless of physical form or 

characteristics, made or received by the Corporation.

Sec. 3107. Leasing of Gaseous Diffusion Facilities

(a) Transfer of Lease.–Concurrent with privatization, the Corporation 

shall transfer to the private corporation the lease of the gaseous diffusion 

plants and related property for the remainder of the term of such lease in 

accordance with the terms of such lease.

(b) Renewal.–The private corporation shall have the exclusive option 

to lease the gaseous diffusion plants and related property for additional 

periods following the expiration of the initial term of the lease.

(c) Exclusion of Facilities for Production of Highly Enriched 

Uranium.–The Secretary shall not lease to the private corporation any 

facilities necessary for the production of highly enriched uranium but 

may, subject to the requirements of the Atomic Energy Act of 1954 (42 

42 USC 2297h-4.

Records.

42 USC 2297h-5.
212 Atomic Energy Act of 1954 (P.L. 83–703)

USC 2011 et seq.), grant the Corporation access to such facilities for 

purposes other than the production of highly enriched uranium.

(d) DOE Responsibility for Preexisting Conditions.–The payment of 

any costs of decontamination and decommissioning, response actions, or 

corrective actions with respect to conditions existing before July 1, 1993, 

at the gaseous diffusion plants shall remain the sole responsibility of the 

Secretary.

(e) Environmental Audit.–For purposes of subsection (d), the 

conditions existing before July 1, 1993, at the gaseous diffusion plants 

shall be determined from the environmental audit conducted pursuant to 

section 1403(e) of the Atomic Energy Act of 1954 (42 USC 2297c-2(e)).

(f) Treatment Under Price-Anderson Provisions.–Any lease executed 

between the Secretary and the Corporation or the private corporation, and 

any extension or renewal thereof, under this section shall be deemed to be 

a contract for purposes of section 170d. of the Atomic Energy Act of 

1954 (42 USC 2210(d)).

(g) Waiver of EIS Requirement.–The execution or transfer of the 

lease between the Secretary and the Corporation or the private 

corporation, and any extension or renewal thereof, shall not be considered 

to be a major Federal action significantly affecting the quality of the 

human environment for purposes of section 102 of the National 

Environmental Policy Act of 1969 (42 USC 4332).

(h) Maintenance of Security

(1) In General–With respect to the Paducah Gaseous Diffusion 

Plant, Kentucky, and the Portsmouth Gaseous Diffusion Plant, Ohio, 

the guidelines relating to the authority of the Department of Energy's 

contractors (including any Federal agency, or private entity operating 

a gaseous diffusion plant under a contract or lease with the 

Department of Energy) and any subcontractor (at any tier) to carry 

firearms and make arrests in providing security at Federal 

installations, issued under section 161k. of the Atomic Energy Act of 

1954 (42 USC 2201k.) shall require, at a minimum, the presence of 

all security police officers409 carrying sidearms at all times to ensure 

maintenance of security at the gaseous diffusion plants (whether a 

gaseous diffusion plant is operated directly by a Federal agency or by 

a private entity under a contract or lease with a Federal agency).

(2)410 Funding

(A) The costs of arming and providing arrest authority to the 

security policy officers required under paragraph (1) shall be paid 

as follows:

(i) the Department of Energy (the “Department”) shall pay 

the percentage of the costs equal to the percentage of the total 

number of employees at the gaseous diffusion plant who are: 

(I) employees of the Department or the contractor or 

subcontractors of the Department; or (II) employees of the 

private entity leasing the gaseous diffusion plant who perform 

work on behalf of the Department (including employees of a 

contractor or subcontractor of the private entity); and

(ii) the private entity leasing the gaseous diffusion plant 

shall pay the percentage of the costs equal to the percentage of 

the total number of employees at the gaseous diffusion plant 

––––––––

409 Amended by P.L. 105–245, Title III, § 310, 112 Stat. 1853 (1998). 410 Added by P.L. 105–245, Title III, § 310, 112 Stat. 1853 (1998).
Atomic Energy Act of 1954 (P.L. 83–703) 213

who are employees of the private entity (including employees 

of a contractor or subcontractor) other than those employees 

who perform work for the Department.

(B) Neither the private entity leasing the gaseous diffusion 

plant nor the Department shall reduce its payments under any 

contract or lease or take other action to offset its share of the costs 

referred to in subparagraph (A), and the Department shall not 

reimburse the private entity for the entity's share of these costs.

(C) Nothing in this subsection shall alter the Department's 

responsibilities to pay the safety, safeguards and security costs 

associated with the Department's highly enriched uranium 

activities.411

Sec. 3108. Transfer of Contracts

(a) Transfer of Contracts.–Concurrent with privatization, the 

Corporation shall transfer to the private corporation all contracts, 

agreements, and leases, including all uranium enrichment contracts, that 

were–

(1) transferred by the Secretary to the Corporation pursuant to 

section 1401(b) of the Atomic Energy Act of 1954 (42 USC 

2297c(b)), or

(2) entered into by the Corporation before the privatization date.

(b) Nontransferable Power Contracts.–The Corporation shall transfer 

to the private corporation the right to purchase power from the Secretary 

under the power purchase contracts for the gaseous diffusion plants 

executed by the Secretary before July 1, 1993. The Secretary shall 

continue to receive power for the gaseous diffusion plants under such 

contracts and shall continue to resell such power to the private 

corporation at cost during the term of such contracts.

(c) Effect of Transfer.–(1) Notwithstanding subsection (a), the United 

States shall remain obligated to the parties to the contracts, agreements, 

and leases transferred under subsection (a) for the performance of its 

obligations under such contracts, agreements, or leases during their terms. 

Performance of such obligations by the private corporation shall be 

considered performance by the United States.

(2) If a contract, agreement, or lease transferred under subsection 

(a) is terminated, extended, or materially amended after the 

privatization date–

(A) the private corporation shall be responsible for any 

obligation arising under such contract, agreement, or lease after 

any extension or material amendment, and

(B) the United States shall be responsible for any obligation 

arising under the contract, agreement, or lease before the 

termination, extension, or material amendment.

(3) The private corporation shall reimburse the United States for 

any amount paid by the United States under a settlement agreement 

entered into with the consent of the private corporation or under a 

judgment, if the settlement or judgment–

(A) arises out of an obligation under a contract, agreement, or 

lease transferred under subsection (a), and

––––––––

411 Amended by P.L. 104–134, Title III, Chapter 1, Subchapter A, § 3107, 

110 Stat. 1321–338 (1996); P.L. 105–62, Title V, § 511, 111 Stat. 1341 (1997); P.L. 105– 245, Title III, § 310, 112 Stat. 1853 (1998).

42 USC 2297h-6.
214 Atomic Energy Act of 1954 (P.L. 83–703)

(B) arises out of actions of the private corporation between the 

privatization date and the date of a termination, extension, or 

material amendment of such contract, agreement, or lease.

(d) Pricing.–The Corporation may establish prices for its products, 

materials, and services provided to customers on a basis that will allow it 

to attain the normal business objectives of a profit making corporation.

Sec. 3109. Liabilities

(a) Liability of the United States.–

(1) Except as otherwise provided in this subchapter, all liabilities 

arising out of the operation of the uranium enrichment enterprise 

before July 1, 1993, shall remain the direct liabilities of the Secretary.

(2) Except as provided in subsection (a)(3) or otherwise provided 

in a memorandum of agreement entered into by the Corporation and 

the Office of Management and Budget prior to the privatization date, 

all liabilities arising out of the operation of the Corporation between 

July 1, 1993, and the privatization date shall remain the direct 

liabilities of the United States.

(3) All liabilities arising out of the disposal of depleted uranium 

generated by the Corporation between July 1, 1993, and the 

privatization date shall become the direct liabilities of the Secretary.

(4) Any stated or implied consent for the United States, or any 

agent or officer of the United States, to be sued by any person for any 

legal, equitable, or other relief with respect to any claim arising from 

any action taken by any agent or officer of the United States in 

connection with the privatization of the Corporation is hereby 

withdrawn.

(5) To the extent that any claim against the United States under 

this section is of the type otherwise required by Federal statute or 

regulation to be presented to a Federal agency or official for 

adjudication or review, such claim shall be presented to the 

Department of Energy in accordance with procedures to be 

established by the Secretary. Nothing in this paragraph shall be 

construed to impose on the Department of Energy liability to pay any 

claim presented pursuant to this paragraph.

(6) The Attorney General shall represent the United States in any 

action seeking to impose liability under this subsection.

(b) Liability of the Corporation.–Notwithstanding any provision of 

any agreement to which the Corporation is a party, the Corporation shall 

not be considered in breach, default, or violation of any agreement 

because of the transfer of such agreement to the private corporation under 

section 3108 or any other action the Corporation is required to take under 

this subchapter.

(c) Liability of the Private Corporation.–Except as provided in this 

subchapter, the private corporation shall be liable for any liabilities 

arising out of its operations after the privatization date.

(d) Liability of Officers and Directors.–

(1) No officer, director, employee, or agent of the Corporation 

shall be liable in any civil proceeding to any party in connection with 

any action taken in connection with the privatization if, with respect 

to the subject matter of the action, suit, or proceeding, such person 

was acting within the scope of his employment.

(2) This subsection shall not apply to claims arising under the 

Securities Act of 1933 (15 USC 77a. et seq.), the Securities Exchange 

Act of 1934 (15 USC 78a. et seq.), or under the Constitution or laws 

of any State, territory, or possession of the United States relating to 

transactions in securities.

42 USC 2297h-7.
Atomic Energy Act of 1954 (P.L. 83–703) 215

Sec. 3110. Employee Protections

(a) Contractor Employees.–

(1) Privatization shall not diminish the accrued, vested pension 

benefits of employees of the Corporation’s operating contractor at the 

two gaseous diffusion plants.

(2) In the event that the private corporation terminates or changes 

the contractor at either or both of the gaseous diffusion plants, the 

plan sponsor or other appropriate fiduciary of the pension plan 

covering employees of the prior operating contractor shall arrange for 

the transfer of all plan assets and liabilities relating to accrued pension 

benefits of such plan’s participants and beneficiaries from such plant 

to a pension plan sponsored by the new contractor or the private 

corporation or a joint labor-management plan, as the case may be.

(3) In addition to any obligations arising under the National Labor 

Relations Act (29 USC 151 et seq.), any employer (including the 

private corporation if it operates a gaseous diffusion plant without a 

contractor or any contractor of the private corporation) at a gaseous 

diffusion plant shall–

(A) abide by the terms of any unexpired collective bargaining 

agreement covering employees in bargaining units at the plant and 

in effect on the privatization date until the stated expiration or 

termination date of the agreement; or

(B) in the event a collective bargaining agreement is not in 

effect upon the privatization date, have the same bargaining 

obligations under section 8(d) of the National Labor Relations Act 

(29 USC 158(d)) as it had immediately before the privatization 

date.

(4) If the private corporation replaces its operating contractor at a 

gaseous diffusion plant, the new employer (including the new 

contractor or the private corporation if it operates a gaseous diffusion 

plant without a contractor) shall–

(A) offer employment to non-management employees of the 

predecessor contractor to the extent that their jobs still exist or 

they are qualified for new jobs, and

(B) abide by the terms of the predecessor contractor’s 

collective bargaining agreement until the agreement expires or a 

new agreement is signed.

(5) In the event of a plant closing or mass layoff (as such terms are 

defined in section 2101(a) (2) and (3) of title 29, United States Code) 

at either of the gaseous diffusion plants, the Secretary of Energy shall 

treat any adversely affected employee of an operating contractor at 

either plant who was an employee at such plant on July 1, 1993, as a 

Department of Energy employee for purposes of sections 3161 and 

3162 of the National Defense Authorization Act for Fiscal Year 1993 

(42 USC 7274h-7274i).

(6)(A) The Secretary and the private corporation shall cause the 

post-retirement health benefits plan provider (or its successor) to 

continue to provide benefits for eligible persons, as described under 

subparagraph (B), employed by an operating contractor at either of 

the gaseous diffusion plants in an economically efficient manner and 

at substantially the same level of coverage as eligible retirees are 

entitled to receive on the privatization date.

(B) Persons eligible for coverage under subparagraph (A) shall 

be limited to:

(i) persons who retired from active employment at one of 

the gaseous diffusion plants on or before the privatization date 

42 USC 2297h-8.
216 Atomic Energy Act of 1954 (P.L. 83–703)

as vested participants in a pension plan maintained either by 

the Corporation’s operating contractor or by a contractor 

employed prior to July 1, 1993, by the Department of Energy 

to operate a gaseous diffusion plant; and

(ii) persons who are employed by the Corporation’s 

operating contractor on or before the privatization date and are 

vested participants in a pension plan maintained either by the 

Corporation’s operating contractor or by a contractor 

employed prior to July 1, 1993, by the Department of Energy 

to operate a gaseous diffusion plant.

(C) The Secretary shall fund the entire cost of post-retirement 

health benefits for persons who retired from employment with an 

operating contractor prior to July 1, 1993.

(D) The Secretary and the Corporation shall fund the cost of 

post-retirement health benefits for persons who retire from 

employment with an operating contractor on or after July 1, 1993, 

in proportion to the retired person’s years and months of service at 

a gaseous diffusion plant under their respective management.

(7)(A) Any suit under this subsection alleging a violation of an 

agreement between an employer and a labor organization shall be 

brought in accordance with section 301 of the Labor Management 

Relations Act (29 USC 185).

(B) Any charge under this subsection alleging an unfair labor 

practice violative of section 8 of the National Labor Relations Act 

(29 USC 158) shall be pursued in accordance with section 10 of 

the National Labor Relations Act (29 USC 160).

(C) Any suit alleging a violation of any provision of this 

subsection, to the extent it does not allege a violation of the 

National Labor Relations Act, may be brought in any district court 

of the United States having jurisdiction over the parties, without 

regard to the amount in controversy or the citizenship of the 

parties.

(8)412 CONTINUITY OF BENEFITS–To the extend 

appropriations are provided in advance for this purpose or are 

otherwise available, not later than 30 days after the date of enactment 

of this paragraph, the Secretary shall implement such actions as are 

necessary to ensure that any employee who–

(A) is involved in providing infrastructure or environmental 

remediation services at the Portsmouth, Ohio, or the Paducah, 

Kentucky, Gaseous Diffusion Plant;

(B) has been an employee of the Department of Energy’s 

predecessor management and integrating contractor (or its first or 

second tier subcontractors), or of the Corporation, at the 

Portsmouth, Ohio, or the Paducah, Kentucky, facility; and

(C) was eligible as of April 1, 2005, to participate in or 

transfer into the Multiple Employer Pension Plan or the associated 

multiple employer retiree health care benefit plans, as defined in 

those plans,

shall continue to be eligible to participate in or transfer into such 

pension or health care benefit plans.

(b) Former Federal Employees.–

––––––––

412 Added by P.L. 109–58, § 633, 119 Stat. 790 (2005).

Deadline.

Ohio.

Kentucky.
Atomic Energy Act of 1954 (P.L. 83–703) 217

(1)(A) An employee of the Corporation that was subject to 

either the Civil Service Retirement System (referred to in this 

section as “CSRS”) or the Federal Employees’ Retirement System 

(referred to in this section as “FERS”) on the day immediately 

preceding the privatization date shall elect–

(i) to retain the employee’s coverage under either CSRS or 

FERS, as applicable, in lieu of coverage by the Corporation’s 

retirement system, or

(ii) to receive a deferred annuity or lump-sum benefit 

payable to a terminated employee under CSRS or FERS, as 

applicable.

(B) An employee that makes the election under subparagraph 

(A)(ii) shall have the option to transfer the balance in the 

employee’s Thrift Savings Plan account to a defined contribution 

plan under the Corporation’s retirement system, consistent with 

applicable law and the terms of the Corporation’s defined 

contribution plan.

(2) The Corporation shall pay to the Civil Service Retirement and 

Disability Fund–

(A) such employee deductions and agency contributions as are 

required by sections 8334, 8422, and 8423 of title 5, United States 

Code, for those employees who elect to retain their coverage 

under either CSRS or FERS pursuant to paragraph (1);

(B) such additional agency contributions as are determined 

necessary by the Office of Personnel Management to pay, in 

combination with the sums under subparagraph (A), the “normal 

cost” (determined using dynamic assumptions) of retirement 

benefits for those employees who elect to retain their coverage 

under CSRS pursuant to paragraph (1), with the concept of 

“normal cost” being used consistent with generally accepted 

actuarial standards and principles; and

(C) such additional amounts, not to exceed two percent of the 

amounts under subparagraphs (A) and (B), as are determined 

necessary by the Office of Personnel Management to pay the cost 

of administering retirement benefits for employees who retire 

from the Corporation after the privatization date under either 

CSRS or FERS, for their survivors, and for survivors of 

employees of the Corporation who die after the privatization date 

(which amounts shall be available to the Office of Personnel 

Management as provided in section 8348(a)(1)(B) of title 5, 

United States Code).

(3) The Corporation shall pay to the Thrift Savings Fund such 

employee and agency contributions as are required or authorized by 

sections 8432 and 8351 of Title 5, for employees who elect to retain 

their coverage under CSRS or FERS pursuant to paragraph (1).

413

(4) Any employee of the Corporation who was subject to the 

Federal Employee Health Benefits Program (referred to in this section 

as “FEHBP”) on the day immediately preceding the privatization date 

and who elects to retain coverage under either CSRS or FERS 

pursuant to paragraph (1) shall have the option to receive health 

benefits from a health benefit plan established by the Corporation or 

––––––––

413 Amended by P.L. 104–206, Title III, 110 Stat. 2995 (1996).
218 Atomic Energy Act of 1954 (P.L. 83–703)

to continue without interruption coverage under the FEHBP, in lieu of 

coverage by the Corporation’s health benefit system.

(5) The Corporation shall pay to the Employees Health Benefits 

Fund–

(A) such employee deductions and agency contributions as are 

required by section 8906(a)-(f) of title 5, United States Code, for 

those employees who elect to retain their coverage under FEHBP 

pursuant to paragraph (4); and

(B) such amounts as are determined necessary by the Office of 

Personnel Management under paragraph (6) to reimburse the 

Office of Personnel Management for contributions under section 

8906(g)(1) of title 5, United States Code, for those employees who 

elect to retain their coverage under FEHBP pursuant to paragraph 

(4).

(6) The amounts required under paragraph (5)(B) shall pay the 

Government contributions for retired employees who retire from the 

Corporation after the privatization date under either CSRS or FERS, 

for survivors of such retired employees, and for survivors of 

employees of the Corporation who die after the privatization date, 

with said amounts prorated to reflect only that portion of the total 

service of such employees and retired persons that was performed for 

the Corporation after the privatization date.

Sec. 3111. Ownership Limitations

(a) Securities Limitations.–No director, officer, or employee of the

Corporation may acquire any securities, or any rights to acquire any 

securities of the private corporation on terms more favorable than those 

offered to the general public–

(1) in a public offering designed to transfer ownership of the 

Corporation to private investors,

(2) pursuant to any agreement, arrangement, or understanding 

entered into before the privatization date, or

(3) before the election of the directors of the private corporation.

(b) Ownership Limitation.–Immediately following the consummation 

of the transaction or series of transactions pursuant to which 100 percent 

of the ownership of the Corporation is transferred to private investors, 

and for a period of three years thereafter, no person may acquire, directly 

or indirectly, beneficial ownership of securities representing more than 10 

percent of the total votes of all outstanding voting securities of the 

Corporation. The foregoing limitation shall not apply to–

(1) any employee stock ownership plan of the Corporation,

(2) members of the underwriting syndicate purchasing shares in 

stabilization transactions in connection with the privatization, or

(3) in the case of shares beneficially held in the ordinary course of 

business for others, any commercial bank, broker-dealer, or clearing 

agency.

Sec. 3112. Uranium Transfers and Sales

(a) Transfers and Sales by the Secretary.–The Secretary shall not 

provide enrichment services or transfer or sell any uranium (including 

natural uranium concentrates, natural uranium hexafluoride, or enriched 

uranium in any form) to any person except as consistent with this section.

(b) Russian HEU.

(1) On or before December 31, 1996, the United States Executive 

Agent under the Russian HEU Agreement shall transfer to the 

Secretary without charge title to an amount of uranium hexafluoride 

equivalent to the natural uranium component of low-enriched uranium 

derived from at least 18 metric tons of highly enriched uranium 

42 USC 2297h-9.

42 USC 2297h-10.
Atomic Energy Act of 1954 (P.L. 83–703) 219

purchased from the Russian Executive Agent under the Russian HEU 

Agreement. The quantity of such uranium hexafluoride delivered to 

the Secretary shall be based on a tails assay of 0.30 U235. Uranium 

hexafluoride transferred to the Secretary pursuant to this paragraph

shall be deemed under United States law for all purposes to be of 

Russian origin.

(2) Within seven years of the date of enactment of this Act, the 

Secretary shall sell, and receive payment for, the uranium 

hexafluoride transferred to the Secretary pursuant to paragraph (1). 

Such uranium hexafluoride shall be sold–

(A) at any time for use in the United States for the purpose of 

overfeeding;

(B) at any time for end use outside the United States;

(C) in 1995 and 1996 to the Russian Executive Agent at the 

purchase price for use in matched sales pursuant to the Suspension 

Agreement; or,

(D) in calendar year 2001 for consumption by end users in the 

United States not prior to January 1, 2002, in volumes not to 

exceed 3,000,000 pounds U3O8 equivalent per year.

(3) With respect to all enriched uranium delivered to the United 

States Executive Agent under the Russian HEU Agreement on or after 

January 1, 1997, the United States Executive Agent shall, upon 

request of the Russian Executive Agent, enter into an agreement to 

deliver concurrently to the Russian Executive Agent an amount of 

uranium hexafluoride equivalent to the natural uranium component of 

such uranium. An agreement executed pursuant to a request of the 

Russian Executive Agent, as contemplated in this paragraph, may 

pertain to any deliveries due during any period remaining under the 

Russian HEU Agreement. The quantity of such uranium hexafluoride 

delivered to the Russian Executive Agent shall be based on a tails 

assay of 0.30 U235. Title to uranium hexafluoride delivered to the 

Russian Executive Agent pursuant to this paragraph shall transfer to 

the Russian Executive Agent upon delivery of such material to the 

Russian Executive Agent, with such delivery to take place at a North 

American facility designated by the Russian Executive Agent. 

Uranium hexafluoride delivered to the Russian Executive Agent 

pursuant to this paragraph shall be deemed under U.S. law for all 

purposes to be of Russian origin. Such uranium hexafluoride may be 

sold to any person or entity for delivery and use in the United States 

only as permitted in subsections (b)(5), (b)(6) and (b)(7) of this 

section.

(4) In the event that the Russian Executive Agent does not 

exercise its right to enter into an agreement to take delivery of the 

natural uranium component of any low-enriched uranium, as 

contemplated in paragraph (3), within 90 days of the date such lowenriched uranium is delivered to the United States Executive Agent, 

or upon request of the Russian Executive Agent, then the United 

States Executive Agent shall engage an independent entity through a 

competitive selection process to auction an amount of uranium 

hexafluoride or U3O8 (in the event that the conversion component of 

such hexafluoride has previously been sold) equivalent to the natural 

uranium component of such low-enriched uranium. An agreement 

executed pursuant to a request of the Russian Executive Agent, as 

contemplated in this paragraph, may pertain to any deliveries due 

during any period remaining under the Russian HEU Agreement. 

Such independent entity shall sell such uranium hexafluoride in one 
220 Atomic Energy Act of 1954 (P.L. 83–703)

or more lots to any person or entity to maximize the proceeds from 

such sales, for disposition consistent with the limitations set forth in 

this subsection. The independent entity shall pay to the Russian 

Executive Agent the proceeds of any such auction less all reasonable 

transaction and other administrative costs. The quantity of such 

uranium hexafluoride auctioned shall be based on a tails assay of 0.30 

U235. Title to uranium hexafluoride auctioned pursuant to this 

paragraph shall transfer to the buyer of such material upon delivery of 

such material to the buyer. Uranium hexafluoride auctioned pursuant 

to this paragraph shall be deemed under United States law for all 

purposes to be of Russian origin.

(5) Except as provided in paragraphs (6) and (7), uranium 

hexafluoride delivered to the Russian Executive Agent under 

paragraph (3) or auctioned pursuant to paragraph (4), may not be 

delivered for consumption by end users in the United States either 

directly or indirectly prior to January 1, 1998, and thereafter only in 

accordance with the following schedule:

Annual Maximum Deliveries to End Users

Year:

(millions lbs. U3O8

equivalent)

1998...........................................................................................2 

1999...........................................................................................4 

2000...........................................................................................6 

2001...........................................................................................8 

2002.........................................................................................10 

2003.........................................................................................12 

2004.........................................................................................14 

2005.........................................................................................16 

2006.........................................................................................17 

2007.........................................................................................18 

2008.........................................................................................19 

2009 and each year thereafter.................................................20.

(6) Uranium hexafluoride delivered to the Russian Executive 

Agent under paragraph (3) or auctioned pursuant to paragraph (4) 

may be sold at any time as Russian-origin natural uranium in a 

matched sale pursuant to the Suspension Agreement, and in such case 

shall not be counted against the annual maximum deliveries set forth 

in paragraph (5).

(7) Uranium hexafluoride delivered to the Russian Executive 

Agent under paragraph (3) or auctioned pursuant to paragraph (4) 

may be sold at any time for use in the United States for the purpose of 

overfeeding in the operations of enrichment facilities.

(8) Nothing in this subsection (b) shall restrict the sale of the 

conversion component of such uranium hexafluoride.

(9) The Secretary of Commerce shall have responsibility for the 

administration and enforcement of the limitations set forth in this 

subsection. The Secretary of Commerce may require any person to 

provide any certifications, information, or take any action that may be 

necessary to enforce these limitations. The United States Customs 

Service shall maintain and provide any information required by the 

Secretary of Commerce and shall take any action requested by the 

Secretary of Commerce which is necessary for the administration and 
Atomic Energy Act of 1954 (P.L. 83–703) 221

enforcement of the uranium delivery limitations set forth in this 

section.

(10) The President shall monitor the actions of the United States 

Executive Agent under the Russian HEU Agreement and shall report 

to the Congress not later than December 31 of each year on the effect 

the low-enriched uranium delivered under the Russian HEU 

Agreement is having on the domestic uranium mining, conversion, 

and enrichment industries, and the operation of the gaseous diffusion 

plants. Such report shall include a description of actions taken or 

proposed to be taken by the President to prevent or mitigate any 

material adverse impact on such industries or any loss of employment 

at the gaseous diffusion plants as a result of the Russian HEU 

Agreement.

(c) Transfers to the Corporation.–(1) The Secretary shall transfer to 

the Corporation without charge up to 50 metric tons of enriched uranium 

and up to 7,000 metric tons of natural uranium from the Department of 

Energy’s stockpile, subject to the restrictions in subsection (c)(2).

(2) The Corporation shall not deliver for commercial end use in 

the United States–

(A) any of the uranium transferred under this subsection 

before January 1, 1998;

(B) more than 10 percent of the uranium (by uranium 

hexafluoride equivalent content) transferred under this subsection 

or more than 4,000,000 pounds, whichever is less, in any calendar 

year after 1997; or

(C) more than 800,000 separative work units contained in lowenriched uranium transferred under this subsection in any calendar 

year.

(d) Inventory Sales.–(1) In addition to the transfers authorized under 

subsections (c) and (e), the Secretary may, from time to time, sell natural 

and low-enriched uranium (including low-enriched uranium derived from 

highly enriched uranium) from the Department of Energy’s stockpile.

(2) Except as provided in subsections (b), (c), and (e), no sale or 

transfer of natural or low-enriched uranium shall be made unless–

(A) the President determines that the material is not necessary 

for national security needs,

(B) the Secretary determines that the sale of the material will 

not have an adverse material impact on the domestic uranium 

mining, conversion, or enrichment industry, taking into account 

the sales of uranium under the Russian HEU Agreement and the 

Suspension Agreement, and

(C) the price paid to the Secretary will not be less than the fair 

market value of the material.

(e) Government Transfers.–Notwithstanding subsection (d)(2), the 

Secretary may transfer or sell enriched uranium–

(1) to a Federal agency if the material is transferred for the use of 

the receiving agency without any resale or transfer to another entity 

and the material does not meet commercial specifications;

(2) to any person for national security purposes, as determined by 

the Secretary; or

(3) to any State or local agency or nonprofit, charitable, or 

educational institution for use other than the generation of electricity 

for commercial use.

(f) Savings Provision.–Nothing in this subchapter shall be read to 

modify the terms of the Russian HEU Agreement.

President.

Reports.

President.
222 Atomic Energy Act of 1954 (P.L. 83–703)

Sec. 3112A. Incentives for Additional Downblending of Highly 

Enriched Uranium by the Russian Federation414

(a) DEFINITIONS.–In this section:

(1) COMPLETION OF THE RUSSIAN HEU AGREEMENT.–

The term ‘completion of the Russian HEU Agreement’ means the 

importation into the United States from the Russian Federation 

pursuant to the Russian HEU Agreement of uranium derived from the 

downblending of not less than 500 metric tons of highly enriched 

uranium of weapons origin. 

(2) DOWNBLENDING.–The term ‘downblending’ means 

processing highly enriched uranium into a uranium product in any 

form in which the uranium contains less than 20 percent uranium-235. 

(3) HIGHLY ENRICHED URANIUM.–The term ‘highly enriched 

uranium’ has the meaning given that term in section 3102(4). 

(4) HIGHLY ENRICHED URANIUM OF WEAPONS ORIGIN.–

The term ‘highly enriched uranium of weapons origin’ means highly 

enriched uranium that–

(A) contains 90 percent or more uranium-235; and

(B) is verified by the Secretary of Energy to be of weapons 

origin. 

(5) LOW-ENRICHED URANIUM.–The term ‘low-enriched 

uranium’ means a uranium product in any form, including uranium 

hexafluoride (UF6) and uranium oxide (UO2), in which the uranium 

contains less than 20 percent uranium-235, including natural uranium, 

without regard to whether the uranium is incorporated into fuel rods 

or complete fuel assemblies. 

(6) RUSSIAN HEU AGREEMENT.–The term ‘Russian HEU 

Agreement’ has the meaning given that term in section 3102(11). 

(7) URANIUM-235.–The term ‘uranium-235’ means the isotope 

235U. 

(b) STATEMENT OF POLICY.–It is the policy of the United States 

to support the continued downblending of highly enriched uranium of 

weapons origin in the Russian Federation in order to protect the essential 

security interests of the United States with respect to the nonproliferation 

of nuclear weapons. 

(c) PROMOTION OF DOWNBLENDING OF RUSSIAN HIGHLY 

ENRICHED URANIUM.–

(1) COMPLETION OF THE RUSSIAN HEU AGREEMENT.–

Prior to the completion of the Russian HEU Agreement, the 

importation into the United States of low-enriched uranium, including 

low-enriched uranium obtained under contracts for separative work 

units, that is produced in the Russian Federation and is not imported 

pursuant to the Russian HEU Agreement, may not exceed the 

following amounts: 

(A) In the 4-year period beginning with calendar year 2008, 

16,559 kilograms. 

(B) In calendar year 2012, 24,839 kilograms. 

(C) In calendar year 2013 and each calendar year thereafter 

through the calendar year of the completion of the Russian HEU 

Agreement, 41,398 kilograms. 

––––––––

414 Added by P.L. 110–329, § 8118, 122 Stat. 3647 (2008). 

42 USC 2297h-10a.
Atomic Energy Act of 1954 (P.L. 83–703) 223

(2) INCENTIVES TO CONTINUE DOWNBLENDING 

RUSSIAN HIGHLY ENRICHED URANIUM AFTER THE 

COMPLETION OF THE RUSSIAN HEU AGREEMENT.–

(A) IN GENERAL.–After the completion of the Russian HEU 

Agreement, the importation into the United States of low-enriched 

uranium, including low-enriched uranium obtained under contracts 

for separative work units, that is produced in the Russian 

Federation, whether or not such low-enriched uranium is derived 

from highly enriched uranium of weapons origin, may not exceed–

(i) in calendar year 2014, 485,279 kilograms; 

(ii) in calendar year 2015, 455,142 kilograms; 

(iii) in calendar year 2016, 480,146 kilograms; 

(iv) in calendar year 2017, 490,710 kilograms; 

(v) in calendar year 2018, 492,731 kilograms; 

(vi) in calendar year 2019, 509,058 kilograms; and 

(vii) in calendar year 2020, 514,754 kilograms. 

(B) ADDITIONAL IMPORTS IN EXCHANGE FOR A 

COMMITMENT TO DOWNBLEND AN ADDITIONAL 300 

METRIC TONS OF HIGHLY ENRICHED URANIUM.–

(i) IN GENERAL.–In addition to the amount authorized to 

be imported under subparagraph (A) and except as provided in 

clause (ii), if the Russian Federation enters into a bilateral 

agreement with the United States under which the Russian 

Federation agrees to downblend an additional 300 metric tons 

of highly enriched uranium after the completion of the 

Russian HEU Agreement, 4 kilograms of low-enriched 

uranium, whether or not such low-enriched uranium is derived 

from highly enriched uranium of weapons origin and 

including low-enriched uranium obtained under contracts for 

separative work units, may be imported in a calendar year for 

every 1 kilogram of Russian highly enriched uranium of 

weapons origin that was downblended in the preceding 

calendar year, subject to the verification of the Secretary of 

Energy under paragraph (10). 

(ii) MAXIMUM ANNUAL IMPORTS.–Not more than 

120,000 kilograms of low-enriched uranium may be imported 

in a calendar year under clause (i). 

(3) EXCEPTIONS.–The import limitations described in 

paragraphs (1) and (2) shall not apply to low-enriched uranium 

produced in the Russian Federation that is imported into the United 

States–

(A) for use in the initial core of a new nuclear reactor; 

(B) for processing and to be certified for reexportation and not 

for consumption in the United States; or 

(C) to be added to the inventory of the Department of Energy. 

(4) LIMITED WAIVER AUTHORITY.–

(A) IN GENERAL.–Notwithstanding paragraph (1)(C), if the 

completion of the Russian HEU Agreement does not occur before 

December 31, 2013, the import limitations under paragraph (1)(C) 

shall be waived, and low-enriched uranium may be imported into 

the United States in the quantities specified in paragraph (2) in a 

calendar year after 2013, if–

(i) the Secretary of Energy and the Secretary of State 

jointly determine that–

(I) the failure of the completion of the Russian HEU 

Agreement arises from causes beyond the control and 

Deadline.
224 Atomic Energy Act of 1954 (P.L. 83–703)

without the fault or negligence of the Government of the 

Russian Federation; and 

(II) the Government of the Russian Federation has

made reasonable efforts to avoid and mitigate the effects of 

the failure of the completion of the Russian HEU 

Agreement; and 

(ii) the Secretary of Energy and the Secretary of State 

jointly notify Congress of, and publish in the Federal Register, 

the determination under clause (i) and the reasons for the 

determination. 

(B) NOTICE AND WAIT.–A waiver under subparagraph (A) 

may not take effect until the date that is 180 days after the date on 

which Secretary of Energy and the Secretary of State notify 

Congress under subparagraph (A)(ii). 

(C) TERMINATION.–A waiver under subparagraph (A) shall 

terminate on December 31 of the calendar year with respect to 

which the Secretary makes the determination under subparagraph 

(A)(i). 

(5) ADJUSTMENTS TO IMPORT LIMITATIONS.–

(A) IN GENERAL.–The import limitations described in 

paragraph (2)(A) are based on the reference data in the 2005 

Market Report on the Global Nuclear Fuel Market Supply and 

Demand 2005–2030 of the World Nuclear Association. In each of 

calendar years 2016 and 2019, the Secretary of Commerce shall 

review the projected demand for uranium for nuclear reactors in 

the United States and adjust the import limitations described in 

paragraph (2)(A) to account for changes in such demand in years 

after the year in which that report or a subsequent report is 

published. 

(B) INCENTIVE ADJUSTMENT.–Beginning in the second 

calendar year after the calendar year of the completion of the 

Russian HEU Agreement, the Secretary of Energy shall increase or 

decrease the amount of low-enriched uranium that may be 

imported in a calendar year under paragraph (2)(B) (including the 

amount of low-enriched uranium that may be imported for each 

kilogram of highly enriched uranium downblended under 

paragraph (2)(B)(i)) by a percentage equal to the percentage 

increase or decrease, as the case may be, in the average amount of 

uranium loaded into nuclear power reactors in the United States in 

the most recent 3-calendar-year period for which data are 

available, as reported by the Energy Information Administration of 

the Department of Energy, compared to the average amount of 

uranium loaded into such reactors during the 3-calendar-year 

period beginning on January 1, 2011, as reported by the Energy 

Information Administration. 

(C) PUBLICATION OF ADJUSTMENTS.–As soon as 

practicable, but not later than July 31 of each calendar year, the 

Secretary of Energy shall publish in the Federal Register the 

amount of low-enriched uranium that may be imported in the 

current calendar year after the adjustments under subparagraph 

(B). 

(6) AUTHORITY FOR ADDITIONAL ADJUSTMENT.–In 

addition to the adjustment under paragraph (5)(A), the Secretary of 

Commerce may adjust the import limitations under paragraph (2)(A) 

for a calendar year if the Secretary–

Notification. 

Federal 

Register, 

publication.

Effective date.

Effective date.

Deadline. 

Federal 

Register, 

publication.
Atomic Energy Act of 1954 (P.L. 83–703) 225

(A) in consultation with the Secretary of Energy, determines 

that the available supply of low-enriched uranium and the 

available stockpiles of uranium of the Department of Energy are 

insufficient to meet demand in the United States in the following 

calendar year; and 

(B) notifies Congress of the adjustment not less than 45 days 

before making the adjustment. 

(7) EQUIVALENT QUANTITIES OF LOW-ENRICHED 

URANIUM IMPORTS.–

(A) IN GENERAL.–The import limitations described in 

paragraphs (1) and (2) are expressed in terms of uranium 

containing 4.4 percent uranium-235 and a tails assay of 0.3 

percent. 

(B) ADJUSTMENT FOR OTHER URANIUM.–Imports of 

low-enriched uranium under paragraphs (1) and (2), including lowenriched uranium obtained under contracts for separative work 

units, shall count against the import limitations described in such 

paragraphs in amounts calculated as the quantity of low-enriched 

uranium containing 4.4 percent uranium-235 necessary to equal 

the total amount of uranium-235 contained in such imports. 

(8) DOWNBLENDING OF OTHER HIGHLY ENRICHED 

URANIUM.–

(A) IN GENERAL.–The downblending of highly enriched 

uranium not of weapons origin may be counted for purposes of 

paragraph (2)(B), subject to verification under paragraph (10), if 

the Secretary of Energy determines that the highly enriched 

uranium to be downblended poses a risk to the national security of 

the United States. 

(B) EQUIVALENT QUANTITIES OF HIGHLY ENRICHED 

URANIUM.– For purposes of determining the additional 

lowenriched uranium imports allowed under paragraph (2)(B), 

highly enriched uranium not of weapons origin downblended 

pursuant to subparagraph (A) shall count as downblended highly 

enriched uranium of weapons origin in amounts calculated as the 

quantity of highly enriched uranium containing 90 percent 

uranium-235 necessary to equal the total amount of uranium-235 

contained in the highly enriched uranium not of weapons origin 

downblended pursuant to subparagraph (A). 

(9) TERMINATION OF IMPORT RESTRICTIONS.–The 

provisions of this subsection shall terminate on December 31, 2020. 

(10) TECHNICAL VERIFICATIONS BY SECRETARY OF 

ENERGY.–

(A) IN GENERAL.–The Secretary of Energy shall verify the 

origin, quantity, and uranium-235 content of the highly enriched 

uranium downblended for purposes of paragraphs (2)(B) and (8). 

(B) METHODS OF VERIFICATION.–In conducting the 

verification required under subparagraph (A), the Secretary of 

Energy shall employ the transparency measures and access 

provisions agreed to under the Russian HEU Agreement for 

monitoring the downblending of Russian highly enriched uranium 

of weapons origin and such other methods as the Secretary 

determines appropriate. 

(11) ENFORCEMENT OF IMPORT LIMITATIONS.–The 

Secretary of Commerce shall be responsible for enforcing the import 

limitations imposed under this subsection and shall enforce such 

Notification.
226 Atomic Energy Act of 1954 (P.L. 83–703)

import limitations in a manner that imposes a minimal burden on the 

commercial nuclear industry. 

(12) EFFECT ON OTHER AGREEMENTS.–

(A) RUSSIAN HEU AGREEMENT.–Nothing in this section 

shall be construed to modify the terms of the Russian HEU 

Agreement, including the provisions of the Agreement relating to 

the amount of low-enriched uranium that may be imported into the 

United States. 

(B) OTHER AGREEMENTS.–If a provision of any 

agreement between the United States and the Russian Federation, 

other than the Russian HEU Agreement, relating to the importation 

of low-enriched uranium, including lowenriched uranium obtained 

under contracts for separative work units, into the United States 

conflicts with a provision of this section, the provision of this 

section shall supersede the provision of the agreement to the extent 

of the conflict.

Sec. 3113. Low-Level Waste

(a) Responsibility of DOE.–

(1) The Secretary, at the request of the generator, shall accept for 

disposal low-level radioactive waste, including depleted uranium if it 

were ultimately determined to be low-level radioactive waste, 

generated by–

(A) the Corporation as a result of the operations of the gaseous 

diffusion plants or as a result of the treatment of such wastes at a 

location other than the gaseous diffusion plants, or

(B) any person licensed by the Nuclear Regulatory 

Commission to operate a uranium enrichment facility under 

section 53, 63, and 193 of the Atomic Energy Act of 1954 (42 

USC 2073, 2093, and 2243).

(2) Except as provided in paragraph (3), the generator shall 

reimburse the Secretary for the disposal of low-level radioactive 

waste pursuant to paragraph (1) in an amount equal to the Secretary’s 

costs, including a pro rata share of any capital costs, but in no event 

more than an amount equal to that which would be charged by 

commercial, State, regional, or interstate compact entities for disposal 

of such waste.

(3) In the event depleted uranium were ultimately determined to 

be low-level radioactive waste, the generator shall reimburse the 

Secretary for the disposal of depleted uranium pursuant to paragraph 

(1) in an amount equal to the Secretary’s costs, including a pro rata 

share of any capital costs.

(4)415 In the event that a licensee requests the Secretary to accept 

for disposal depleted uranium pursuant to this subsection, the 

Secretary shall be required to take title to and possession of such 

depleted uranium at an existing DUF6 storage facility.

(b) Agreements With Other Persons.–The generator may also enter 

into agreements for the disposal of low-level radioactive waste subject to 

subsection (a) with any person other than the Secretary that is authorized 

by applicable laws and regulations to dispose of such wastes.

(c) State or Interstate Compacts.–Notwithstanding any other provision 

of law, no State or interstate compact shall be liable for the treatment, 

storage, or disposal of any low-level radioactive waste (including mixed 

––––––––

415 Added by P.L. 108–447, Div. C, § 311, 118 Stat. 2959 (2004).

42 USC 2297h-11.
Atomic Energy Act of 1954 (P.L. 83–703) 227

waste) attributable to the operation, decontamination, and 

decommissioning of any uranium enrichment facility.

Sec. 3114. AVLIS

(a) Exclusive Right to Commercialize.–The Corporation shall have 

the exclusive commercial right to deploy and use any AVLIS patents, 

processes, and technical information owned or controlled by the 

Government, upon completion of a royalty agreement with the Secretary.

(b) Transfer of Related Property to Corporation.–

(1) In general.–To the extent requested by the Corporation and 

subject to the requirements of the Atomic Energy Act of 1954 (42 

USC 2011, et seq.), the President shall transfer without charge to the 

Corporation all of the right, title, or interest in and to property owned 

by the United States under control or custody of the Secretary that is 

directly related to and materially useful in the performance of the 

Corporation’s purposes regarding AVLIS and alternative 

technologies for uranium enrichment, including–

(A) facilities, equipment, and materials for research, 

development, and demonstration activities; and

(B) all other facilities, equipment, materials, processes, 

patents, technical information of any kind, contracts, agreements, 

and leases.

(2) Exception.–Facilities, real estate, improvements, and 

equipment related to the gaseous diffusion, and gas centrifuge, 

uranium enrichment programs of the Secretary shall not transfer 

under paragraph (1)(B).

(3) Expiration of transfer authority.–The President’s authority to 

transfer property under this subsection shall expire upon the 

privatization date.

(c) Liability for Patent and Related Claims.–With respect to any right, 

title, or interest provided to the Corporation under subsection (a) or (b), 

the Corporation shall have sole liability for any payments made or awards 

under section 157b.(3) of the Atomic Energy Act of 1954 (42 USC 

2187(b)(3)), or any settlements or judgments involving claims for alleged

patent infringement. Any royalty agreement under subsection (a) of this 

section shall provide for a reduction of royalty payments to the Secretary 

to offset any payments, awards, settlements, or judgments under this 

subsection.

Sec. 3115. Application of Certain Laws

(a) OSHA.–

(1) As of the privatization date, the private corporation shall be 

subject to and comply with the Occupational Safety and Health Act of 

1970 (29 USC 651 et seq.).

(2) The Nuclear Regulatory Commission and the Occupational 

Safety and Health Administration shall, within 90 days after the date 

of enactment of this Act, enter into a memorandum of agreement to 

govern the exercise of their authority over occupational safety and 

health hazards at the gaseous diffusion plants, including inspection, 

investigation, enforcement, and rulemaking relating to such hazards.

(b) Antitrust Laws.–For purposes of the antitrust laws, the 

performance by the private corporation of a “matched import” contract 

under the Suspension Agreement shall be considered to have occurred 

prior to the privatization date, if at the time of privatization, such contract 

had been agreed to by the parties in all material terms and confirmed by 

the Secretary of Commerce under the Suspension Agreement.

(c) Energy Reorganization Act Requirements.–

42 USC 2297h-12.

President.

42 USC 2297h-13.

Contracts.
228 Atomic Energy Act of 1954 (P.L. 83–703)

(1) The private corporation and its contractors and subcontractors 

shall be subject to the provisions of section 211 of the Energy 

Reorganization Act of 1974 (42 USC 5851) to the same extent as an 

employer subject to such section.

(2) With respect to the operation of the facilities leased by the 

private corporation, section 206 of the Energy Reorganization Act of 

1974 (42 USC 5846) shall apply to the directors and officers of the 

private corporation.
Energy Reorganization Act of 1974 (P.L. 93–438) 229

3. Energy Reorganization Act of 1974, as 

Amended

Energy Reorganization Act of 1974 (P.L. 93–438) 231

3. Energy Reorganization Act of 1974, as Amended

Contents

Sec. 1. Short Title .................................................................................................. 233

Sec. 2. Declaration of Purpose.............................................................................. 233

Title I–Energy Research and Development Administration ............................. 234

Sec. 101. Establishment......................................................................................... 234

Sec. 102. Officers................................................................................................... 234

Sec. 103. Responsibilities of the Administrator .................................................. 235

Sec. 104. Abolition and Transfers........................................................................ 236

Sec. 105. Administrative Provisions..................................................................... 238

Sec. 106. Personnel and Services.......................................................................... 238

Sec. 107. Powers..................................................................................................... 239

Sec. 108. (Repealed)............................................................................................... 242

Sec. 109. Future Reorganization .......................................................................... 243

Sec. 110. Coordination with Environmental Efforts.......................................... 243

Sec. 111. Provisions Applicable to Annual Authorization Acts......................... 243

Title II–Nuclear Regulatory Commission; Nuclear Whistleblower 

Protection ........................................................................................................... 246

Sec. 201. Establishment and Transfers................................................................ 246

Sec. 202. Licensing and Related Regulatory Functions Respecting Selected 

Administration Facilities........................................................................ 248

Sec. 203. Office of Nuclear Reactor Regulation.................................................. 249

Sec. 204. Office of Nuclear Material Safety and Safeguards............................. 249

Sec. 205. Office of Nuclear Regulatory Research ............................................... 250

Sec. 206. Noncompliance....................................................................................... 251

Sec. 207. Nuclear Energy Center Site Survey ..................................................... 251

Sec. 208. Abnormal Occurrence Reports............................................................ 252

Sec. 209. Other Officers........................................................................................ 253

Sec. 210. Unresolved Safety Issues Plan .............................................................. 253

Sec. 211. Employee Protection ............................................................................. 254

Sec. 212. Limitation on Legal Fee Reimbursement............................................ 257

Title III–Miscellaneous and Transitional Provisions......................................... 257

Sec. 301. Transitional Provisions ......................................................................... 257

Sec. 302. Transfer of Personnel and Other Matters........................................... 259

Sec. 303. Incidental Dispositions.......................................................................... 259

Sec. 304. Definitions .............................................................................................. 259

Sec. 305. Authorizations of Appropriations........................................................ 260

Sec. 306. Comptroller General Audit .................................................................. 260

Sec. 307. Reports ................................................................................................... 260

Sec. 308. Information to Committees................................................................... 261

Sec. 309. Transfer of Funds.................................................................................. 261

Sec. 310. Conforming Amendments to Certain Other Laws............................. 261

Sec. 311. Separability ............................................................................................ 262

Sec. 312. Effective Date and Interim Appointments........................................... 262

Title IV–Sex Discrimination................................................................................. 262

Sec. 401. Sex Discrimination Prohibited ............................................................. 262

Energy Reorganization Act of 1974 (P.L. 93–438) 233

A. ENERGY REORGANIZATION ACT OF 1974, AS AMENDED

Public Law 93–438 88 STAT. 1233

October 11, 1974

An Act

To reorganize and consolidate certain functions of the Federal 

Government in a new Energy Research and Development 

Administration and in a new Nuclear Regulatory Commission in 

order to promote more efficient management of such functions.

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled,

That the Energy Reorganization Act of 1974, as amended, is amended 

to read as follows:

Sec. 1. Short Title

The Act may be cited as the "Energy Reorganization Act of 1974".

Sec. 2. Declaration of Purpose

(a) The Congress hereby declares that the general welfare and the 

common defense and security require effective action to develop, and 

increase the efficiency and reliability of use of, all energy sources to meet 

the needs of present and future generations, to increase the productivity 

of the national economy and strengthen its position in regard to 

international trade, to make the Nation self-sufficient in energy, to 

advance the goals of restoring, protecting, and enhancing environmental 

quality, and to assure public health and safety.

(b) The Congress finds that, to best achieve these objectives, improve 

Government operations, and assure the coordinated and effective 

development of all energy sources, it is necessary to establish an Energy 

Research and Development Administration to bring together and direct 

Federal activities relating to research and development on the various 

sources of energy, to increase the efficiency and reliability in the use of 

energy, and to carry out the performance of other functions, including but 

not limited to the Atomic Energy Commission‛s military and production 

activities and its general basic research activities. In establishing an 

Energy Research and Development Administration to achieve these 

objectives, the Congress intends that all possible sources of energy be 

developed consistent with warranted priorities.

(c) The Congress finds that it is in the public interest that the 

licensing and related regulatory functions of the Atomic Energy 

Commission be separated from the performance of the other functions of 

the Commission, and that this separation be effected in an orderly 

manner, pursuant to this Act, assuring adequacy of technical and other 

resources necessary for the performance of each.

(d) The Congress declares that it is in the public interest and the 

policy of Congress that small business concerns be given a reasonable 

opportunity to participate, insofar as is possible, fairly and equitably in 

grants, contracts, purchases, and other Federal activities relating to 

research, development, and demonstration of sources of energy 

efficiency, and utilization and conservation of energy. In carrying out this 

policy, to the extent practicable, the Administrator shall consult with the 

Administrator of the Small Business Administration.

Energy 

Reorganization 

Act 

of 1974.

42 USC 5801 

note.

42 USC 5801.

Energy 

Research and 

Development 

Administration, 

establishment.

Separation of 

AEC licensing 

and regulatory

functions.

Small business 

participation.
234 Energy Reorganization Act of 1974 (P.L. 93–438)

(e) Determination of priorities which are warranted should be based 

on such considerations as power-related values of an energy source, 

preservation of material resources, reduction of pollutants, export market 

potential (including reduction of imports), among others. On such a 

basis, energy sources warranting priority might include, but not be 

limited to, the various methods of utilizing solar energy.

Title I–Energy Research and Development Administration

Sec. 101. Establishment 

There is hereby established an independent executive agency to be 

known as the Energy Research and Development Administration 

(hereinafter in this Act referred to as the “Administration”).1

Sec. 102. Officers

(a) There shall be at the head of the Administration an Administrator 

of Energy Research and Development (hereinafter in this Act referred to 

as the "Administrator"), who shall be appointed from civilian life by the 

President by and with the advice and consent of the Senate. A person 

may not be appointed as Administrator within two years after release 

from active duty as a commissioned officer of a regular component of an 

Armed Force. The Administration shall be administered under the 

supervision and direction of the Administrator, who shall be responsible 

for the efficient and coordinated management of the Administration.

(b) There shall be in the Administration a Deputy Administrator, who 

shall be appointed by the President, by and with the advice and consent 

of the Senate.

(c) The President shall appoint the Administrator and Deputy 

Administrator from among individuals who, by reason of their general 

background and experience are specially qualified to manage a full range 

of energy research and development programs.

(d) There shall be in the Administration six Assistant Administrators, 

one of whom shall be responsible for fossil energy, another for nuclear 

energy, another for environment and safety, another for conservation, 

another for solar, geothermal, and advanced energy systems, and another 

for national security. The Assistant Administrators shall be appointed by 

the President, by and with the advice and consent of the Senate. The 

President shall appoint each Assistant Administrator from among 

individuals who, by reason of general background and experience, are 

specially qualified to manage the energy technology area assigned to 

such Assistant Administrator.

(e) There shall be in the Administration a General Counsel who shall 

be appointed by the Administrator and who shall serve at the pleasure of 

and be removable by the Administrator.

(f) There shall be in the Administration not more than eight additional 

officers appointed by the Administrator. The positions of such officers 

shall be considered career positions and be subject to subsection 161d. of 

the Atomic Energy Act.

(g) The Division of Military Application transferred to and 

established in the Administration by section 104(d) of this Act shall be 

under the direction of a Director of Military Application, who shall be 

appointed by the Administrator and who shall serve at the pleasure of and 

––––––––

1 This title established the Energy Research and Development Administration. The 

Administration was terminated, and its functions were transferred to the U.S. Department of 

Energy, by the Department of Energy Organization Act, P.L. 95–91, 91 Stat. 565 (1977).

Priorities.

42 USC 5811.

42 USC 5812.

Administrator.

Deputy 

Administrator.

Assistant 

Administrators.

General 

Counsel.

Additional 

officers.

Director of 

Military 

Application.
Energy Reorganization Act of 1974 (P.L. 93–438) 235

be removable by the Administrator and shall be an active commissioned 

officer of the Armed Forces serving in general or flag officer rank or 

grade The functions, qualifications, and compensation of the Director of 

Military Application shall be the same as those provided under the 

Atomic Energy Act of 1954, as amended, for the Assistant General 

Manager for Military Application.

(h) Officers appointed pursuant to this section shall perform such 

functions as the Administrator shall delegate to one such officer the 

special responsibility for international cooperation in all energy and 

related environmental research and development.

(i) The Deputy Administrator (or in the absence or disability of the 

Deputy Administrator, or in the event of a vacancy in the office of the 

Deputy Administrator, an Assistant Administrator, the General Counsel 

or such other official, determined according to such order as the 

Administrator shall prescribe) shall act for and perform the functions of 

the Administrator during any absence or disability of the Administrator 

or in the event of a vacancy in the office of the Administrator.

Sec. 103. Responsibilities of the Administrator

The responsibilities of the Administrator shall include, but not be 

limited to–

(l) exercising central responsibility for policy planning, coordination, 

support, and management of research and development programs 

respecting all energy sources, including assessing the requirements for 

research and development in regard to various energy sources in relation 

to near-term and long-range needs, policy planning in regard to meeting 

those requirements, undertaking programs for the optimal development 

of the various forms of energy sources, managing such programs, and 

disseminating information resulting therefrom;

(2) encouraging and conducting research and development, including 

demonstration of commercial feasibility and practical applications of the 

extraction, conversion , storage, transmission, and utilization phases 

related to the development and use of energy from fossil, nuclear, solar, 

geothermal, and other energy sources;

(3) engaging in and supporting environmental, biomedical, physical, 

and safety research related to the development of energy sources and 

utilization technologies;

(4) taking into account the existence, progress, and results of other 

public and private research and development activities, including those 

activities of the Federal Energy Administration relating to the 

development of energy resources using currently available technology in 

promoting increased utilization of energy resources, relevant to the 

Administration’s mission in formulating its own research and 

development programs;

(5) participating in and supporting cooperative research and 

development projects which may involve contributions by public or 

private persons or agencies, of financial or other resources to the 

performance of the work;

(6) developing, collecting, distributing, and making available for 

distribution, scientific and technical information concerning the 

manufacture or development of energy and its efficient extraction, 

conversion, transmission, and utilization;

(7) creating and encouraging the development of general information 

to the public on all energy conservation technologies and energy sources 

as they become available for general use, and the Administrator, in 

conjunction with the Administrator of the Federal Energy Administration 

Order of 

succession.

International 

cooperation.

42 USC 2011 

note.

42 USC 5813.
236 Energy Reorganization Act of 1974 (P.L. 93–438)

shall, to the extent practicable, disseminate such information through the 

use of mass communications;

(8) encouraging and conducting research and development in energy 

conservation, which shall be directed toward the goals of reducing total 

energy consumption to the maximum extent practicable, and toward 

maximum possible improvement in the efficiency of energy use. 

Development of new and improved conservation measures shall be 

conducted with the goal of the most expeditious possible application of 

these measures;

(9) encouraging and participating in international cooperation in 

energy and related environmental research and development;

(10) helping to assure an adequate supply of manpower for the 

accomplishment of energy research and development programs, by 

sponsoring and assisting in education and training activities in 

institutions of higher education, vocational schools, and other 

institutions, and by assuring the collection, analysis, and dissemination of 

necessary manpower supply and demand data;

(11) encouraging and conducting research and development in clean 

and renewable energy sources.2

Sec. 104. Abolition and Transfers

(a) The Atomic Energy Commission is hereby abolished. Sections 21 

and 22 of the Atomic Energy Act of 1954, as amended (42 USC 2031 

and 2032) are repealed.

(b) All other functions of the Commission, the Chairman and 

members of the Commission, and the officers and components of the 

Commission are hereby transferred or allowed to lapse pursuant to the 

provisions of this Act.

(c) There are hereby transferred to and vested in the Administrator all 

functions of the Atomic Energy Commission, the Chairman and members 

of the Commission, and the officers and components of the Commission, 

except as otherwise provided in this Act.

(d) The General Advisory Committee established pursuant to section 

26 of the Atomic Energy Act of 1954, as amended (42 USC 2036), the 

Patent Compensation Board established pursuant to section 157 of the 

Atomic Energy Act of 1954, as amended (42 USC 2187) and the 

Divisions of Military Application and Naval Research established 

pursuant to section 25 of the Atomic Energy Act of 1954, as amended 

(42 USC 2035), are transferred to the Energy Research and Development 

Administration and the functions of the Commission with respect thereto, 

and with respect to relations with the Military Liaison Committee 

established by section 27 of the Atomic Energy Act of 1954, as amended 

(42 USC 2037), are transferred to the Administrator.

––––––––

2 Amended by P.L. 102–486, § 143(b), 1406 Stat. 2843 (1992), which redesignated 

former paragraphs (8) through (12) as paragraphs (7) through (11), respectively, and 

struck out former paragraph (7), which included establishment of an Energy 

Extension Service as the responsibility of the Administrator. P.L. 95–39, § 510(a), 91 

Stat. 200 (1977), amended section 103 by redesignating paragraphs (7) through (11) 

as paragraphs (8) through (12), respectively, and inserted a new paragraph (7), which 

read as follows: 

“(7) establishing, in accordance with the National Energy Extension Service 

Act, an Energy Extension Service to provide technical assistance, instruction, 

and practical demonstration on energy conservation measures and alternative 

energy systems to individuals, businesses, and State and local government 

officials.”

42 USC 5814.

Atomic Energy 

Commission.
Energy Reorganization Act of 1974 (P.L. 93–438) 237

(e) There are hereby transferred to and vested in the Administrator 

such functions of the Secretary of the Interior, the Department of the 

Interior, and officers and components of such department–

(l) as relate to or are utilized by the Office of Coal Research 

established pursuant to the Act of July 1, 19603

;

(2) as relate to or are utilized in connection with fossil fuel energy 

research and development programs and related activities conducted 

by the Bureau of Mines "energy centers" and synthane plant to 

provide greater efficiency in the extraction, processing, and 

utilization of energy resources for the purpose of conserving those 

resources, developing alternative energy resources such as oil and gas 

secondary and tertiary recovery, oil shale and synthetic fuels, 

improving methods of managing energy-related wastes and 

pollutants, and providing technical guidance needed to establish and 

administer national energy policies; and

(3) as relate to or are utilized for underground electric power 

transmission research.

The Administrator shall conduct a study of the potential energy 

applications of helium and, within six months from the date of the 

enactment of this Act, report to the President and Congress his 

recommendations concerning the management of the Federal helium 

programs, as they relate to energy.

(f) There are hereby transferred to and vested in the Administrator 

such functions of the National Science Foundation as relate to or are 

utilized in connection with–

(1) solar heating and cooling development; and

(2) geothermal power development.

(g) There are hereby transferred to and vested in the Administrator 

such functions of the Environmental Protection Agency and the officers 

and components thereof as relate to or are utilized in connection with 

research, development, and demonstration, but not assessment or 

monitoring for regulatory purposes, of alternative automotive power 

systems.

(h) To the extent necessary or appropriate to perform functions and 

carry out programs transferred by this Act, the Administrator and 

Commissions may exercise, in relation to the functions so transferred, 

any authority or part thereof available by law, including appropriation 

Acts, to the official or agency from which such functions were 

transferred.

(i) In the exercise of his responsibilities under section 103, the 

Administrator shall utilize, with their consent, to the fullest extent he 

determines advisable the technical and management capabilities of other 

executive agencies having facilities, personnel, or other resources which 

can assist or advantageously be expanded to assist in carrying out such 

responsibilities. The Administrator shall consult with the head of each 

agency with respect to such facilities, personnel, or other resources, and 

may assign, with their consent, specific programs or projects in energy 

research and development as appropriate. In making such assignments 

under this subsection, the head of each such agency shall insure that–

(1) such assignments shall be in addition to and not detract from 

the basic mission responsibilities of the agency, and

––––––––

3 The “Act” is probably referencing P.L. 86–599, 74 Stat. 336 (1960), which is 

classified, to Chapter 18 of Title 30 U.S.C. 661–668, “Mineral Lands and Mining.”

Interior 

Department 

functions.

Helium 

applications study.

Report to 

President and 

Congress.

National 

Science 

Foundation 

functions.

Environmental 

Protection 

Agency 

functions.

Use of other 

agencies’ 

capabilities.
238 Energy Reorganization Act of 1974 (P.L. 93–438)

(2) such assignments shall be carried out under such guidance as 

the Administrator deems appropriate.

Sec. 105. Administrative Provisions

(a) The Administrator is authorized to prescribe such policies, 

standards, criteria, procedures, rules, and regulations as he may deem to 

be necessary or appropriate to perform functions now or hereafter vested 

in him. 

(b) The Administrator shall engage in such policy planning, and 

perform, such program evaluation analyses and other studies, as may be 

necessary to promote the efficient and coordinated administration of the 

Administration and properly assess progress toward the achievement of 

its missions.

(c) Except as otherwise expressly provided by law, the Administrator 

may delegate any of his functions to such officers and employees of the 

Administration as he may designate, and may authorize such successive 

re-delegations of such functions as he may deem to be necessary or 

appropriate.

(d) Except as provided in section 102 and in section 104(d), the 

Administrator may organize the Administration as he may deem to be 

necessary or appropriate.

(e) The Administrator is authorized to establish, maintain, alter, or 

discontinue such State, regional, district, local, or other field offices as he 

may deem to be necessary or appropriate to perform functions now or 

hereafter vested in him.

(f) The Administrator shall cause a seal of office to be made for the 

Administration of such device as he shall approve, and judicial notice 

shall be taken of such seal.

(g) The Administrator is authorized to establish a working capital 

fund, to be available without fiscal year limitation, for expenses 

necessary for the maintenance and operation of such common 

administrative services as he shall find to be desirable in the interests of 

economy and efficiency. There shall be transferred to the fund the stocks 

of supplies, equipment, assets other than real property, liabilities, and 

unpaid obligations relating to the services which he determines will be 

performed through the fund. Appropriations to the fund, in such amounts 

as may be necessary to provide additional working capital, are 

authorized. The working capital fund shall recover from the 

appropriations and funds for which services are performed, either in 

advance or by way of reimbursement, amounts which will approximate 

the costs incurred, including the accrual of annual leave and the 

depreciation of equipment. The fund shall also be credited with receipts 

from the sale or exchange of its property, and receipts in payment for 

loss or damage to property owned by the fund.

(h) Each department, agency, and instrumentality of the executive 

branch of the Government is authorized to furnish to the Administrator, 

upon his request, any information or other data which the Administrator 

deems necessary to carry out his duties under this title.

Sec. 106. Personnel and Services

(a) The Administrator is authorized to select, appoint, employ, and fix 

the compensation of such officers and employees, including attorneys, 

pursuant to section 161d. of the Atomic Energy Act of 1954, as amended 

42 USC 5815.

Regulations.

Policy planning

and evaluation.

Delegation of 

functions.

Organization.

Field offices.

Seal.

Working 

capital fund.

Information 

from other 

agencies.

42 USC 5816.

Appointment 

and pay.
Energy Reorganization Act of 1974 (P.L. 93–438) 239

(42 USC 2201(d)) as are necessary to perform the functions now or 

hereafter vested in him and to prescribe their functions.4

(b) The Administrator is authorized to obtain services as provided by 

section 3109 of title 5 of the United States Code.

(c) The Administrator is authorized to provide for participation of 

military personnel in the performance of his functions. Members of the 

Army, the Navy, the Air Force, or the Marine Corps may be detailed for 

service in the Administration by the appropriate military Secretary, 

pursuant to cooperative agreements with the Secretary, for service in the 

Administration in positions other than a position the occupant of which 

must be approved by and with the advice and consent of the Senate.

(d) Appointment, detail, or assignment to, acceptance of, and service 

in, any appointive or other position in the Administration under this 

section shall in no way affect the status, office, rank, or grade which such 

officers or enlisted men may occupy or hold, or any emolument, 

prerequisite, right, privilege, or benefit incident to or arising out of any 

such status, office, rank, or grade. A member so appointed, detailed, or 

assigned shall not be subject to direction or control by his Armed Force, 

or any officer thereof, directly or indirectly, with respect to the 

responsibilities exercised in the position to which appointed, detailed, or 

assigned.

(e) The Administrator is authorized to pay transportation expenses, 

and per diem in lieu of subsistence expenses, in accordance with chapter 

57 of title 5 of the United States Code for travel between places of 

recruitment and duty, and while at places of duty, of persons appointed 

for emergency, temporary, or seasonal services in the field service of the 

Administration.

(f) The Administrator is authorized to utilize, on a reimbursable basis, 

the services of any personnel made available by any department, agency, 

or instrumentality, including any independent agency of the Government.

(g) The Administrator is authorized to establish advisory boards, in 

accordance with the provisions of the Federal Advisory Committee Act 

(Public Law 92-463), to advise with and make recommendations to the 

Administrator on legislation, policies, administration, research, and other 

matters.

(h) The Administrator is authorized to employ persons who are not 

citizens of the United States in expert, scientific, technical, or 

professional capacities whenever he deems it in the public interest.

Sec. 107. Powers

(a) The Administrator is authorized to exercise his powers in such 

manner as to insure the continued conduct of research and development 

and related activities in areas or fields deemed by the Administrator to be 

pertinent to the acquisition of an expanded fund of scientific, technical, 

and practical knowledge in energy matters. To this end, the 

Administrator is authorized to make arrangements (including contracts, 

agreements, and loans) for the conduct of research and development 

activities with private or public institutions or persons, including 

participation in joint or cooperative projects of a research, development, 

or experimental nature; to make payments (in lump sum or installments, 

––––––––

4 42 U.S.C. 5816a has been repealed. P.L. 95–39, Title III, § 308, 91 Stat. 189, (1977); 

P.L. 96–470, Title II, § 203(d), 94 Stat. 2243) (1980), was repealed by P.L. 104–106, 

Div. D, Title XLIII, Subtitle A, § 4304(b)(7), 110 Stat. 664, (1996), which became effective 

February 10, 1996. This section provided for financial statements of Department of Energy 

officers and employees.

Experts and 

consultants.

Military 

personnel.

Transportation 

and per diem.

Personnel of 

other agencies.

5 USC App. I.

Advisory 

boards.

Noncitizens.

42 USC 5817.

Research and 

development.

Contracts, etc.
240 Energy Reorganization Act of 1974 (P.L. 93–438)

and in advance or by way of reimbursement, with necessary adjustments 

on account of overpayments or underpayments); and generally to take 

such steps as he may deem necessary or appropriate to perform functions 

now or hereafter vested in him such functions of the Administrator under 

this Act as are applicable to the nuclear activities transferred pursuant to 

this title shall be subject to the provisions of the Atomic Energy Act of 

1954, as amended, and to other authority applicable to such nuclear 

activities. The non-nuclear responsibilities and functions of the 

Administrator referred to in sections 103 and 104 of this Act shall be 

carried out pursuant to the provisions of this Act, applicable authority 

existing immediately before the effective date of this Act, or in 

accordance with the provisions of chapter 4 of the Atomic Energy Act of 

1954, as amended (42 USC 2051-2053).

(b) Except for public buildings as defined in the Public Buildings Act 

of 1959, as amended, and with respect to leased space subject to the 

provisions of Reorganization Plan Numbered 18 of 1950, the 

Administrator is authorized to acquire (by purchase, lease, condemnation, 

or otherwise), construct, improve, repair, operate, and maintain facilities 

and real property as the Administrator deems to be necessary in and 

outside of the District of Columbia. Such authority shall apply only to 

facilities required for the maintenance and operation of laboratories, 

research and testing sites and facilities, quarters, and related 

accommodations for employees and dependents of employees of the 

Administration, and such other special-purpose real property as the 

Administrator deems to be necessary in and outside the District of 

Columbia. Title to any property or interest therein, real, personal, or 

mixed, acquired pursuant to this section, shall be in the United States.

(c)(1) The Administrator is authorized to provide, construct, or 

maintain, as necessary and when not otherwise available, the following 

for employees and their dependents stationed at remote locations:

(A) Emergency medical services and supplies.

(B) Food and other subsistence supplies.

(C) Messing facilities.

(D) Audiovisual equipment, accessories, and supplies for 

recreation and training.

(E) Reimbursement for food, clothing, medicine, and other 

supplies furnished by such employees in emergencies for the 

temporary relief of distressed persons.

(F) Living and working quarters and facilities.

(G) Transportation for school-age dependents of employees to 

the nearest appropriate education facilities.

(2) The furnishing of medical treatment under sub-paragraph (A) 

of paragraph (1) and the furnishing of services and supplies under 

paragraphs (B) and (C) of paragraph (1) shall be at prices reflecting 

reasonable value as determined by the Administrator.

(3) Proceeds from reimbursements under this section shall be 

deposited in the Treasury and may be withdrawn by the 

Administrator to pay directly the cost of such work or services, to 

repay or make advances to appropriations or funds which do or will 

bear all or a part of such cost, or to refund excess sums when 

necessary; except that such payments may be credited to a service or 

working capital fund otherwise established by law, and used under 

the law governing such funds, if the fund is available for use by the 

Administrator for performing the work or services for which payment 

is received.

42 USC 2011 

note.

5 USC App. II.

40 USC 601 

note.

Facilities and 

real property.

Services for 

employees at 

remote 

locations.
Energy Reorganization Act of 1974 (P.L. 93–438) 241

(d) The Administrator is authorized to acquire any of the following 

described rights if the property acquired thereby is for use in, or is useful 

to, the performance of functions vested in him;

(1) Copyrights, patents, and applications for patents, designs, 

processes, specifications, and data.

(2) Licenses under copyrights, patents, and applicants for patents.

(3) Releases, before suit is brought, for past infringement of 

patents or copyrights.

(e) Subject to the provisions of chapter 12 of the Atomic Energy Act 

of 1954, as amended (42 USC 2161-2166), and other applicable law, the 

Administrator shall disseminate scientific, technical, and practical 

information acquired pursuant to this title through information programs 

and other appropriate means, and shall encourage the dissemination of 

scientific, technical, and practical information relating to energy so as to 

enlarge the fund of such information and to provide that free interchange 

of ideas and criticism which is essential to scientific and industrial 

progress and public understanding.

(f) The Administrator is authorized to accept, hold, administer, and 

utilize gifts, and bequests of property, both real and personal, for the 

purpose of aiding or facilitating the work of the Administration. Gifts and 

bequests of money and proceeds from sales of other property received as 

gifts or bequests shall be deposited in the Treasury and shall be disbursed 

upon the order of the Administrator. For the purposes of Federal income, 

estate, and gift taxes, property accepted under this section shall be 

considered as a gift or bequest to the United States.

Acquisition of 

copyrights, 

patents, etc.

Dissemination 

of information.

Gifts and 

bequests.
242 Energy Reorganization Act of 1974 (P.L. 93–438)

Sec. 108. (Repealed)

(Repealed5

)

––––––––

5 Repealed by P.L. 95–91, 91 Stat. 608 (1977). Previously, section read as follows:

(a) There is established in the Executive Office of the President an Energy 

Resources Council. The Council shall be composed of the Secretary of the 

Interior, the Administrator of the Federal Energy Administration, the 

Administrator of the Energy Research and Development Administration, the 

Secretary of State, the Director, Office of Management and Budget, and such 

other officials of the Federal Government as the President may designate. The 

President shall designate one of the 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 the 

Federal Government which have responsibilities for the development and 

implementation of energy policy or for the management of energy resources:

(2) make recommendations to the President and to the Congress for measures 

to improve the implementation of Federal energy policies or the management 

of energy resources with particular emphasis upon policies and activities 

involving two or more Departments or independent agencies; (See I)

(3) advise the President in the preparation of the reorganization 

recommendations required by section 110 of this Act; and (See II) 

(4) insure that Federal agencies fully discharge their responsibilities under 

section 507 and 508 of the National Energy Extension Service Act for 

coordinating and planning of their related activities under such Act and any 

other law, including but not limited to the Energy Policy and Conservation 

Act. (See III)

(5) prepare a report on national energy conservation activities which shall be 

submitted to the President and the Congress annually, beginning on 

July 1, 1977, and which shall include–– (A) a review of all Federal energy conservation expenditures and activities, 

the purpose of each such activity, the relation of the activity to national 

conservation targets and plans, and the success of the activity and the plans for 

the activity in future years;

(B) an analysis of all conservation targets established for industry, 

residential, transportation, and public sectors of the economy, whether the 

targets can be achieved or whether they can be further improved, and the 

progress toward their achievement in the past year;

(C) a review of the progress made pursuant to the State energy conservation 

plans under section 361 through 366 of the Energy Policy and Conservation 

Act and other similar efforts at the State and local level, and whether further 

conservation can be carried on by the States or by local governments, and 

whether further Federal assistance is required;

(D) a review of the principal conservation efforts in the private sector, the 

potential for more widespread implementation of such efforts and the Federal 

Government’s efforts to promote more widespread use of private energy 

conservation initiatives; and

(E) an assessment of whether existing conservation targets and goals are sufficient to bridge the gap between domestic energy production capacity and 

domestic energy needs, whether additional incentives or programs are 

necessary or useful to close that gap further, and a discussion of what 

mandatory measures might be useful to further bring domestic demand into 

harmony with domestic supply.

The Chairman of the Energy Resources Council shall coordinate the 

preparation of the report required under paragraph (5). (See IV) 

(c) The President through the Energy Resources Council shall––

(1) prepare a plan for the reorganization of the Federal Government’s 

activities in energy and natural resources, including, but not limited to, a study 

of––

(A) the principal laws and directives that constitute the energy and natural resource 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 resource 

organizations;

(D) the options for Federal energy and natural resource organizations;

(E) an overview of available resources pertinent to energy and natural 

resource organization;

42 USC 5818.
Energy Reorganization Act of 1974 (P.L. 93–438) 243

Sec. 109. Future Reorganization

(a) The President shall transmit to the Congress as promptly as 

possible, but not later than June 30, 1975, such additional 

recommendations as he deems advisable for organization of energy and 

related functions in the Federal Government, including, but not limited 

to, whether or not there shall be established (1) a Department of Energy 

and Natural Resources, (2) an Energy Policy Council, and (3) a 

consolidation in whole or in part of regulatory functions concerning 

energy.

(b) This report shall replace and serve the purposes of the report 

required by section 15(a)(4) of the Federal Energy Administration Act.

Sec. 110. Coordination with Environmental Efforts

The Administrator is authorized to establish programs to utilize 

research and development performed by other Federal agencies to 

minimize the adverse environmental effects of energy projects. The 

Administrator of the Environmental Protection Agency, as well as other 

affected agencies and departments, shall cooperate fully with the 

Administrator in establishing and maintaining such programs, and in 

establishing appropriate interagency agreements to develop cooperative 

programs and to avoid unnecessary duplication.

Sec. 111. Provisions Applicable to Annual Authorization Acts6

(a) All appropriations made to the Energy Research and Development 

Administration or the Administrator shall, except as otherwise provided 

by law, be subject to annual authorization in accordance with section 261 

of the Atomic Energy Act of 1954, section 16 of the Federal Nonnuclear 

Energy Research and Development Act of 1974, and section 305 of this 

Act. The provisions of this section shall apply with respect to 

 (F) recent proposals for a national energy and natural resource policy for the 

United States; and

(G) the relationship between energy policy goals and other national 

objectives;

(2) submit to Congress ––

(A) no later than December 31, 1976, the plan prepared pursuant to 

subsection (c)(1) and a report containing his recommendations for the 

reorganization of the Federal Government’s responsibility for energy and 

natural resource matters together with such proposed legislation as he deems 

necessary or appropriate for the implementation of such plans or 

recommendations; and

(B) not later than April 15, 1977, such revisions to the plan and report 

described in subparagraph (A) of this paragraph as he may consider 

appropriate; and

(3) provide interim and transitional policy planning for energy and natural 

resource matters in the Federal Government. (See V)

(d) The Chairman of the Council may not refuse to testify before the 

Congress or any duly authorized committee thereof regarding the duties of the 

Council or other matters concerning interagency coordination of energy policy 

and activities.

(e) There is hereby established an Energy Conservation Subcommittee within 

the Council which shall be chaired by the Administrator of the Energy 

Research and Development Administration to discharge the responsibilities 

specified in subsection (b)(4) of this section and other related functions 

associated with the coordination and management of Federal efforts in the 

areas of energy conservation and energy conservation research, development 

and demonstration.(See VI)

(f) This section shall be effective no later than sixty days after the enactment 

of this Act or such earlier date as the President shall prescribe and publish in 

the Federal Register, and shall terminate upon enactment of a permanent 

department responsible for energy and natural resources or not later than 

September 30, 1977, whichever shall occur first. (See VII) 6 Added by P.L. 95–238, § 201, 92 Stat. 56 (1978).

42 USC 5819.

Report to 

Congress.

42 USC 5820.

42 USC 5821.

42 USC 2017.
244 Energy Reorganization Act of 1974 (P.L. 93–438)

appropriations made pursuant to the Act providing such authorization 

(hereinafter in this section referred to as "annual authorization Acts").

(b)(1) Funds appropriated pursuant to an annual authorization Act for 

"Operating expenses" may be used for–

(A) the construction or acquisition of any facilities, or major 

items of equipment, which may be required at locations other than 

installations of the Administration, for the performance of 

research, development, and demonstration activities, and

(B) grants to any organization for purchase or construction of 

research facilities.

No such funds shall be used under this subsection for the 

acquisition of land. Fee title to all such facilities and items of 

equipment shall be vested in the United States, unless the 

Administrator or his designee determines in writing that the 

research, development, and demonstration authorized by such Act 

would best be implemented by permitting fee title or any other 

property interest to be vested in an entity other than the United 

States; but before approving the vesting of such title or interest in 

such entity, the Administrator shall (i) transmit such 

determination, together with all pertinent data, to the Committee 

on Science and Technology of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate and 

(ii) wait a period of thirty calendar days (not including any day in 

which either House of Congress is not in session because of 

adjournment of more than three calendar days to a day certain), 

unless prior to the expiration of such period each such committee 

has transmitted to the Administrator written notice to the effect 

that such committee has no objection to the proposed action.

(2) No funds shall be used under paragraph (1) for any facility or 

major item of equipment, including collateral equipment, if the 

estimated cost to the Federal Government exceeds $5,000,000 in the 

case of such a facility or $2,000,000 in the case of such an item of 

equipment, unless such facility or item has been previously 

authorized by the appropriate committees of the House of 

representatives and the Senate, or the Administrator–

(A) transmit to the appropriate committees of the House of 

Representatives and the Senate a report on such facility or item 

showing its nature, purpose, and estimated cost, and

(B) waits a period of thirty calendar days (not including any 

day in which either House of Congress is not in session because 

of adjournment of more than three calendar days to a day certain), 

unless prior to the expiration of such period each such committee 

has transmitted to the Administrator written notice to the effect 

that such committee has no objection to the proposed action.

(c)(1) Not to exceed 1 per centum of all funds appropriated pursuant 

to any annual authorization Act for "Operating expenses" may be used by 

the Administrator to construct, expand, or modify laboratories and other 

facilities, including the acquisition of land, at any location under the 

control of the Administrator, if the Administrator determines that (A) 

such action would be necessary because of changes in the national 

programs authorized to be funded by such Act or because the new 

scientific or engineering developments, and (B) deferral of such action 

until the enactment of the next authorization Act would be inconsistent 

with the 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.
Energy Reorganization Act of 1974 (P.L. 93–438) 245

(2) No funds may be obligated for expenditure or expended under 

paragraph (1) for activities described in such paragraph unless–

(A) a period of thirty calendar days (not including any day in 

which either House of Congress is not in session because of 

adjournment of more than three calendar days to a day certain) 

has passed after the Administrator has transmitted to the 

appropriate committees of the House of Representatives and the 

Senate a written report containing a full and complete statement 

concerning (i) the nature of the construction, expansion, or 

modification involved, (ii) the cost thereof, including the cost of 

any real estate action pertaining thereto, and (iii) the reason why 

such construction, expansion, or modification is necessary and in 

the national interest, or

(B) each such committee before the expiration of such period 

has transmitted to the Administrator a written notice to the effect 

that such committee has no objection to the proposed action;

except that this paragraph shall not apply to any project the estimated 

total cost of which does not exceed $50,000.

(d)(1) Except as otherwise provided in the authorization Act 

involved–

(A) no amount appropriated pursuant to any annual 

authorization Act may be used for any program in excess of the 

amount actually authorized for that particular program by such 

Act, and

(B) no amount appropriated pursuant to any annual 

authorization Act may be used for any program which has not 

been presented to, or requested of the Congress, unless (i) a period 

of thirty calendar days (not including any day in which either 

House of Congress is not in session because of adjournment of 

more than three calendar days to a day certain) has passed after 

the receipt by the appropriate committees of the House of 

Representatives and the Senate of notice given by the 

Administrator containing a full and complete statement of the 

action proposed to be taken and the facts and circumstances relied 

upon in support of such proposed action, or (ii) each such 

committee before the expiration of such period has transmitted to 

the Administrator written notice to the effect that such committee 

has no objection to the proposed action.

(2) Notwithstanding any other provision of this section or the 

authorization Act involved, the aggregate amount available for use 

within the categories of coal, petroleum and natural gas, oil shale, 

solar, geothermal nuclear energy (non-weapons), environment and 

safety, and conservation from sums appropriated pursuant to an 

annual authorization Act may not, as a result of reprogramming, be 

decreased by more than 10 per centum of the total of the sums 

appropriated pursuant to such Act for those categories.

(e) Subject to the applicable requirements and limitations of this 

section and the authorization Act involved, when so specified in an 

appropriation Act, amounts appropriated pursuant to any annual 

authorization Act for "Operating expenses" or for "Plant and capital 

equipment" may be merged with any other amounts appropriated for like 

purposes pursuant to any other Act authorizing appropriations for the 

Administration: Provided, That no such amounts appropriated for "Plant 

and capital equipment" may be merged with amounts appropriated for 

"Operating expenses."

Notice.

Report, 

transmittal to 

congressional 

committees. 

Notice.

Funds merger, 

limitations.
246 Energy Reorganization Act of 1974 (P.L. 93–438)

(f) When so specified in an appropriation Act, amounts appropriated 

pursuant to any annual authorization Act for "Operating expenses" or for 

"Plant and capital equipment" may remain available until expended.

(g) The Administrator is authorized to perform construction design 

services for any administration construction project whenever (1) such 

construction project has been included in a proposed authorization bill 

transmitted to the Congress by the Administration, and (2) the 

Administration determines that the project is of such urgency in order to 

meet the needs of national defense or protection of life and property or 

health and safety that construction of the project should be initiated 

promptly upon enactment of legislation appropriating funds for its 

construction.

(h) When so specified in appropriation Acts, any moneys received by 

the Administration may be retained and used for operating expenses, and 

may remain available until expended, notwithstanding the provisions of 

section 3617 of the Revised Statutes (31 USC 484); except that–

(1) this subsection shall not apply with respect to sums received 

from disposal of property under the Atomic Energy Community Act 

of 1955 or the Strategic and Critical Materials Stockpiling Act, as 

amended, or with respect to fees received for tests or investigations 

under the Act of May 16, 1910, as amended (42 USC 2301; 50 USC 

98h; 30 USC 7); and

(2) revenues received by the Administration from the enrichment 

of uranium shall (when so specified) be retained and used for the 

specific purpose of offsetting costs incurred by the Administration in 

providing uranium enrichment service activities.

(i) When so specified in an appropriation Act, transfers of sums from 

the "Operating expenses" appropriation made pursuant to an annual 

authorization Act may be made to other agencies of the Government for 

the performance of the work for which the appropriation is made, and in 

such cases the sums so transferred may be merged with the 

appropriations to which they are transferred.7

Title II–Nuclear Regulatory Commission; Nuclear Whistleblower 

Protection8

Sec. 201. Establishment and Transfers

(a)(1) There is established an independent regulatory commission 

to be known as the Nuclear Regulatory Commission which shall be 

composed of five members, each of whom shall be a citizen of the 

United States. The President shall designate one member of the 

Commission as Chairman thereof to serve as such during the pleasure 

of the President. The Chairman may from time to time designate any 

other member of the Commission as Acting Chairman to act in the 

place and stead of the Chairman during his absence. The Chairman 

(or the Acting Chairman in the absence of the Chairman) shall preside 

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

business shall consist of at least three members present. Each member 

of the Commission, including the Chairman, shall have equal 

responsibility and authority in all decisions and actions of the 

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

––––––––

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).

Construction 

design services.

Funds transfer.

42 USC 5841.

Members and 

Chairman.
Energy Reorganization Act of 1974 (P.L. 93–438) 247

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

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

the members present. The Chairman (or Acting Chairman in the 

absence of the Chairman) shall be the official spokesman of the 

Commission in its relations with the Congress, Government agencies, 

persons, or the public, and on behalf of the Commission, shall see to 

the faithful execution of the policies and decisions of the 

Commission, and shall report thereon to the Commission from time to 

time or as the Commission may direct. The Commission shall have an 

official seal which shall be judicially noticed.9

(2) The Chairman of the Commission shall be the principal 

executive officer of the Commission, and he shall exercise all of the 

executive and administrative functions of the Commission, including 

functions of the commission with respect to (a) the appointment and 

supervision of personnel employed under the Commission (other than 

personnel employed regularly and full time in the immediate offices 

of Commissioners other than the Chairman, and except as otherwise 

provided in the Energy Reorganization Act of 1974), (b) the 

distribution of business among such personnel and among 

administrative units of the Commission, and (c) the use and 

expenditure of funds.

(3) In carrying out any of his functions under the provisions of 

this section the Chairman shall be governed by general policies of the 

Commission and by such regulatory decisions, findings, and 

determinations as the Commission may by law be authorized to make.

(4) The appointment by the Chairman of the heads of major 

administrative units under the Commission shall be subject to the 

approval of the Commission.

(5) There are hereby reserved to the Commission its functions 

with respect to revising budget estimates and with respect to 

determining upon the distribution of appropriated funds according to 

major programs and purposes.10

(b) (1) Members of the Commission shall be appointed by the 

President, by and with the advice and consent of the Senate.

(2) Appointments of members pursuant to this subsection shall be 

made in such a manner that not more than three members of the 

Commission shall be members of the same political party.

(c) Each member shall serve for a term of five years, each such term 

to commence on July 1, except that of the five members first appointed to 

the Commission, one shall serve for one year, one for two years, one for 

three years, one for four years, and one for five years, to be designated by 

the President at the time of appointment; and except that any member 

appointed to fill a vacancy occurring prior to the expiration of the term 

for which his predecessor was appointed, shall be appointed for the 

remainder of such term. For the purpose of determining the expiration 

date of the terms of office of the five members first appointed to the 

Nuclear Regulatory Commission, each such term "shall" be deemed to 

have begun July 1, 1975.11

––––––––

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 new 

subparagraphs (2) through (5). 11 Amended by P.L. 94–79, §§ 202, 203, 89 Stat. 413 (1975). Before the amendment, 

this subsection read as follows: 

(c) Each member shall serve for a term of five years, each such term to 

commence on July 1, except that of the five members first appointed to the 

42 USC 5801 

note.

Seal.

Commission

Chairman.

Functions. 

42 USC 5841.

Term of Office.
248 Energy Reorganization Act of 1974 (P.L. 93–438)

(d) Such initial appointments shall be submitted to the Senate within 

sixty days of the signing of this Act. Any individual who is serving as a 

member of the Atomic Energy commission at the time of the enactment 

of this Act, and who may be appointed by the President to the 

Commission, shall be appointed for a term designated by the President, 

but which term shall terminate not later than the end of his present term 

as a member of the Atomic Energy Commission, without regard to the 

requirements of subsection (b)(2) of this section. Any subsequent 

appointment of such individuals shall be subject to the provisions of this 

section.

(e) Any member of the Commission may be removed by the President 

for inefficiency, neglect of duty, or malfeasance in office. No member of 

the Commission shall engage in any business, vocation, or employment 

other than that of serving as member of the Commission.

(f) There are hereby transferred to the Commission all the licensing 

and related regulatory functions of the Atomic Energy Commission, the 

Chairman and member of the Commission, the General Counsel, and 

other officers and components of the Commission–which functions, 

officers, components, and personnel are excepted from the transfer to the 

Administrator by section 104(c) of this Act.

(g) In addition to other functions and personnel transferred to the 

Commission, there are also transferred to the Commission–

(1) the functions of the Atomic Safety and Licensing Board Panel 

and the Atomic Safety and Licensing Appeal Board;

(2) such personnel as the Director of the Office of Management 

and Budget determines are necessary for exercising responsibilities 

under section 205, relating to, research, for the purpose of 

confirmatory assessment relating to licensing and other regulation 

under the provisions of the Atomic Energy Act of 1954, as amended, 

and of this Act.12

Sec. 202. Licensing and Related Regulatory Functions Respecting 

Selected Administration Facilities

Notwithstanding the exclusions provided for in section 110 a. or any 

other provisions of the Atomic Energy Act of 1954, as amended (42 USC 

2140(a)), the Nuclear Regulatory Commission shall, except as otherwise 

specifically provided by section 110 b. of the Atomic Energy Act of 

1954, as amended (42 USC 2140(b)), or other law, have licensing and 

related regulatory authority pursuant to chapters 6, 7, 8, and 10 of the 

Atomic Energy Act of 1954, as amended, as to the following facilities of 

the Administration:

(1) Demonstration Liquid Metal Fast Breeder reactors when 

operated as part of the power generation facilities of an electric utility 

system, or when operated in any other manner for the purpose of 

demonstrating the suitability for commercial application of such a 

reactor.

(2) Other demonstration nuclear reactors–except those in 

existence on the effective date of this Act–when operated as part of 

the power generation facilities of an electric utility system, or when 

 Commission, one shall serve for one year, one for two years, one for three 

years, one for four years, and one for five years, to be designated by the 

President at the time of appointment. 12 P.L. 95–209, § 2, 91 Stat. 1482 (1977), added a new subsection h, which was 

subsequently deleted by P.L. 99–386, 100 Stat. 822 (1986).

Submission of 

appointments 

to Senate.

Transfer of 

AEC functions 

and personnel 

Additional 

transfers.

42 USC 5842.

42 USC 2071-

2112.

42 USC 2131-

2140.
Energy Reorganization Act of 1974 (P.L. 93–438) 249

operated in any other manner for the purpose of demonstrating the 

suitability for commercial application of such a reactor.

(3) Facilities used primarily for the receipt and storage of highlevel radioactive wastes resulting from activities licensed under such 

Act.

(4) Retrievable Surface Storage Facilities and other facilities 

authorized for the express purpose of subsequent long-term storage of 

high-level radioactive waste generated by the Administration, which 

are not used for, or are part of, research and development activities.

(5) Any facility under a contract with and for the account of the 

Department of Energy that is utilized for the express purpose of 

fabricating mixed plutonium-uranium oxide nuclear reactor fuel for 

use in a commercial nuclear reactor licensed under such Act other 

than any such facility that is utilized for research, development, 

demonstration, testing, or analysis purposes.13

Sec. 203. Office of Nuclear Reactor Regulation

(a) There is hereby established in the Commission an Office of 

Nuclear Reactor Regulation under the direction of a Director of Nuclear 

Reactor Regulation, who shall be appointed by the Commission, who 

may report directly to the Commission, as provided in section 209, and 

who shall serve at the pleasure of and be removable by the Commission.

(b) Subject to the provisions of this Act, the Director of Nuclear 

Reactor Regulation shall perform such functions as the Commission shall 

delegate including:

(1) Principal licensing and regulation involving all facilities, and 

materials licensed under the Atomic Energy Act of 1954, as amended, 

associated with the construction and operation of nuclear reactors 

licensed under the Atomic Energy Act of 1954, as amended;

(2) Review the safety and safeguards of all such facilities, 

materials, and activities, and such review functions shall include, but 

not be limited to–

(A) monitoring, testing and recommending upgrading of 

systems designed to prevent substantial health or safety hazards; 

and

(B) evaluating methods of transporting special nuclear and 

other nuclear materials and of transporting and storing high-level 

radioactive wastes to prevent radiation hazards to employees and 

the general public.

(3) Recommend research necessary for the discharge of the 

functions of the Commission.

(c) Nothing in this section shall be construed to limit in any way the 

functions of the Administration relating to the safe operation of all 

facilities resulting from all activities within the jurisdiction of the 

Administration pursuant to this Act.

Sec. 204. Office of Nuclear Material Safety and Safeguards

(a) There is hereby established in the Commission an Office of 

Nuclear Material Safety and Safeguards under the direction of a Director 

of Nuclear Material Safety and Safeguards, who shall be appointed by 

the Commission, who may report directly to the Commission as provided 

in section 209, and who shall serve at the pleasure of and be removable 

by the Commission.

––––––––

13 Amended by P.L. 105–261, Div. C, Title XXXI, Subtitle C, § 3134(a), 112 Stat. 2247 

(1998).

42 USC 5843.

Director.

Establishment.

Functions.

42 USC 2011 

note.

42 USC 5844.

Director.

Establishment.
250 Energy Reorganization Act of 1974 (P.L. 93–438)

(b) Subject to the provisions of this Act, the Director of Nuclear 

Material Safety and Safeguards shall perform such functions as the 

Commission shall delegate including: 

(1) Principal licensing and regulation involving all facilities and 

materials, licensed under the Atomic Energy Act of 1954, as 

amended, associated with the processing, transport, and handling of 

nuclear materials, including the provision and maintenance of 

safeguards against threats, thefts, and sabotage of such licensed 

facilities, and materials.

(2) Review safety and safeguards of all such facilities and 

materials licensed under the Atomic Energy Act of 1954, as amended, 

and such review shall include, but not be limited to–

(A) monitoring, testing, and recommending upgrading of 

internal accounting systems for special nuclear and other nuclear 

materials licensed under the Atomic Energy Act of 1954, as 

amended:

(B) developing, in consultation and coordination with the 

Administration, contingency plans for dealing with threats, thefts, 

and sabotage relating to special nuclear materials, high-level 

radioactive wastes and nuclear facilities resulting from all 

activities licensed under the Atomic Energy Act of 1954, as 

amended;

(C) assessing the need for, and the feasibility of, establishing a 

security agency within the office for the performance of the 

safeguards functions, and a report with recommendations on this 

matter shall be prepared within one year of the effective date of 

this Act and promptly transmitted to the Congress by the 

Commission.

(3) Recommending research to enable the Commission to more 

effectively perform its functions.

(c) Nothing in this section shall be construed to limit in any way the 

functions of the Administration relating to the safeguarding of special 

nuclear materials, high-level radioactive wastes and nuclear facilities 

resulting from all activities within the jurisdiction of the Administration 

pursuant to this Act.

Sec. 205. Office of Nuclear Regulatory Research

(a) There is hereby established in the Commission an Office of 

Nuclear Regulatory Research under the direction of a Director of Nuclear 

Regulatory research, who shall be appointed by the Commission, who 

may report directly to the Commission as provided in section 209, and 

who shall serve at the pleasure of and be removable by the Commission.

(b) Subject to the provisions of this Act, the Director of Nuclear 

Regulatory Research shall perform such functions as the Commission 

shall delegate including:

(1) Developing recommendations for research deemed necessary 

for performance by the Commission of its licensing and related 

regulatory functions.

(2) Engaging in or contracting for research which the Commission 

deems necessary for the performance of its licensing and related 

regulatory functions.

(c) The Administrator of the Administration and the head of every 

other Federal agency shall–

(1) cooperate with respect to the establishment of priorities for the 

furnishing of such research services as requested by the Commission 

for the conduct of its functions;

Functions.

42 USC 2011 

note.

Report to 

Congress.

42 USC 5845.

Director.

Establishment.

Functions.

Cooperation of 

Federal agencies.
Energy Reorganization Act of 1974 (P.L. 93–438) 251

(2) furnish to the Commission, on a reimbursable basis, through 

their own facilities or by contract or other arrangement, such research 

services as the Commission deems necessary and requests for the 

performance of its functions; and

(3) consult and cooperate with the Commission on research and 

development matters of mutual interest and provide such information 

and physical access to its facilities as will assist the Commission in 

acquiring the expertise necessary to perform its licensing and related 

regulatory functions.

(d) Nothing in subsections (a) and (b) of this section or section 201 of 

this Act shall be construed to limit in any way the functions of the 

Administration relating to the safety of activities within the jurisdiction 

of the Administration.

(e) Each Federal agency, subject to the provisions of existing law, 

shall cooperate with the Commission and provide such information and 

research services, on a reimbursable basis, as it may have or be 

reasonably able to acquire.

(f)14 The Commission shall develop a long-term plan for projects for 

the development of new or improved safety systems for nuclear power 

plants.

Sec. 206. Noncompliance

(a) Any individual director, or responsible officer of a firm 

constructing, owning, operation, or supplying the components of any 

facility or activity which is licensed or otherwise regulated pursuant to 

the Atomic Energy Act of 1954 as amended, or pursuant to this Act, who 

obtains information reasonably indicating that such facility or activity or 

basic components supplied to such facility or activity–

(1) fails to comply with the Atomic Energy Act of 1954, as 

amended, or any applicable rule, regulation, order, or license of the 

Commission relating to substantial safety hazards, or

(2) contains a defect which could create a substantial safety 

hazard, as defined by regulations which the Commission shall 

promulgate, shall immediately notify the Commission of such failure 

to comply, or of such defect, unless such person has actual knowledge 

that the Commission has been adequately informed of such defect or 

failure to comply.

(b) Any person who knowingly and consciously fails to provide the 

notice required by subsection (a) of this section shall be subject to a civil 

penalty in an amount equal to the amount provided by section 234 of the 

Atomic energy Act of 1954, as amended.

(c) The requirements of this section shall be prominently posted on 

the premises of any facility licensed or otherwise regulated pursuant to 

the Atomic Energy Act of 1954, as amended.

(d) The Commission is authorized to conduct such reasonable 

inspections and other enforcement activities as needed to insure 

compliance with the provisions of this section.

Sec. 207. Nuclear Energy Center Site Survey

(a)(1) The Commission is authorized and directed to make or cause to 

be made under its direction, a national survey, which shall include 

consideration of each of the existing or future electric reliability regions, 

or other appropriate regional areas, to locate and identify possible nuclear 

energy center sites. This survey shall be conducted in cooperation with 

––––––––

14 Added by P.L. 95–209, § 4, 91 Stat. 1482 (1977).

Information and 

research services.

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.
252 Energy Reorganization Act of 1974 (P.L. 93–438)

other interested Federal, State, and local agencies, and the views of 

interested persons, including electric utilities, citizens’ groups, and 

others, shall be solicited and considered.

(2) For purposes of this section, the term "nuclear energy center 

site" means any site, including a site not restricted to land, large 

enough to support utility operations or other elements of the total 

nuclear fuel cycle, or both including, if appropriate, nuclear fuel 

reprocessing facilities, nuclear fuel fabrication plants, retrievable 

nuclear waste storage facilities, and uranium enrichment facilities.

(3) The survey shall include–

(a) a regional evaluation of natural resources, including land, 

air, and water resources, available for use in connection with 

nuclear energy center sites; estimates of future electric power 

requirements that can be served by each nuclear energy center 

site; an assessment of the economic impact of each nuclear 

energy site; and consideration of any other relevant factors, 

including but not limited to population distribution, proximity to 

electric load centers and to other elements of the fuel cycle, 

transmission line rights-of-way, and the availability of other fuel 

resources;

(b) an evaluation of the environmental impact likely to result 

from construction and operation of such nuclear energy centers, 

including an evaluation whether such nuclear energy centers will 

result in greater or lesser environmental impact than separate 

siting of the reactors and/or fuel cycle facilities; and

(c) consideration of the use of federally owned property and 

other property designated for public use, but excluding national 

parks, national forests, national wilderness areas, and national 

historic monuments.

(4) A report of the results of the survey shall be published and 

transmitted to the Congress and the Council on Environmental 

Quality not later than one year from the date of the enactment of this 

Act and shall be made available to the public, and shall be updated 

from time to time thereafter as the Commission, in its discretion, 

deems advisable. The report shall include the Commission’s 

evaluation of the results of the survey and any conclusions and 

recommendations, including recommendations for legislation, which 

the Commission may have concerning the feasibility and practicality 

of locating nuclear power reactors and/or other elements of the 

nuclear fuel cycle or nuclear energy center sites. The Commission is 

authorized to adopt policies which will encourage the location of 

nuclear power reactors and related fuel cycle facilities on nuclear 

energy center sites insofar as practicable. 

Sec. 208. Abnormal Occurrence Reports

The Commission shall submit to the Congress an annual report listing 

for the previous fiscal year any abnormal occurrences at or associated 

with any facility which is licensed or otherwise regulated pursuant to the 

Atomic Energy Act of 1954 as amended, or pursuant to this Act. For the 

purposes of this section an abnormal occurrence is an unscheduled 

incident or event which the Commission determines is significant from 

the standpoint of public health or safety. Nothing in the preceding 

sentence shall limit the authority of a court to review the determination of 

the Commission. Each such report shall contain–

(1) the date and place of each occurrence;

(2) the nature and probable consequence of each occurrence;

(3) the cause or causes of each; and

Definition.

Report to 

Congress and 

Council on 

Environmental 

Quality; public 

availability.

42 USC 5848.

Reports to 

Congress.

42 USC 2011 

note.
Energy Reorganization Act of 1974 (P.L. 93–438) 253

(4) any action taken to prevent reoccurrence; 

the Commission shall also provide as wide dissemination to the public of 

the information specified in clauses (1) and (2) of this section as 

reasonably possible within fifteen days of its receiving information of 

each abnormal occurrence and shall provide as wide dissemination to the 

public as reasonably possible of the information specified in clauses (3) 

and (4) as soon as such information becomes available to it.15

Sec. 209. Other Officers

(a) The Commission shall appoint an Executive Director for 

Operations, who shall serve at the pleasure of and be removable by the 

Commission.

(b) The Executive Director shall perform such functions as the 

Commission may direct, except that the Executive Director shall not 

limit the authority of the director of any component organization 

provided in this Act to communicate with or report directly to the 

Commission when such director of a component organization deems it 

necessary to carry out his responsibilities. Notwithstanding the preceding 

sentence, each such director shall keep the Executive Director fully and 

currently informed concerning the content of all such direct 

communications with the Commission.16

(c) The Executive Director shall report to the Commission at 

semiannual public meetings on the problems, progress, and status of the 

Commission’s equal employment opportunity efforts.17

(d)18 The Executive Director shall prepare and forward to the 

Commission an annual report (for the fiscal year 1978 and each 

succeeding fiscal year) on the status of the Commission’s programs 

concerning domestic safeguards matters including an assessment of the

effectiveness and adequacy of safeguards at facilities and activities 

licensed by the Commission The Commission shall forward to the 

Congress a report under this section prior to February 1, 1979, as a 

separate document, and prior to February 1 of each succeeding year as a 

separate chapter of the Commission’s annual report (required under 

section 307(c) of the Energy Reorganization Act of 1974) following the 

fiscal year to which such report applies.

(e)19 There shall be in the Commission not more than five additional 

officers appointed by the Commission. The positions of such officers 

shall be considered career positions and be subject to subsection 161 d. 

of the Atomic Energy Act.

Sec. 210. Unresolved Safety Issues Plan20

The Commission shall develop a plan providing for the specification 

and analysis of unresolved safety issues relating to nuclear reactors and 

shall take such action as may be necessary to implement corrective 

measures with respect to such issues. Such plans shall be submitted to the 

Congress on or before January 1, 1978, and progress reports shall be 

included in the annual report of the Commission thereafter.

––––––––

15 Amended by P.L. 104–66, Title II, Subtitle Q, § 2171, 109 Stat. 731 (1995). 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 new 

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. 104–66, § 3003, 

109 Stat. 734 (1995), reporting requirements ceased to be effective after 

December 21, 1999. 19 Amended by P.L. 95–601, § 4(b), 92 Stat. 2949 (1978). Formerly, subsection (c). See 

footnote 17. 20 Added by P.L. 95–209, § 3, 91 Stat. 1482 (1977).

Public 

dissemination 

of information.

42 USC 5849.

Executive 

Director.

Functions.

Equal 

employment 

opportunity, 

report Annual status 

report.

Report to 

Congress.

42 USC 5877.

Other officers.

42 USC 5850.

Progress 

reports.

Submittal to 

Congress.
254 Energy Reorganization Act of 1974 (P.L. 93–438)

Sec. 211. Employee Protection21

(a)(1) No employer may discharge any employee or otherwise 

discriminate against any employee with respect to his compensation, 

terms, conditions, or privileges of employment because the employee (or 

any person acting pursuant to a request of the employee)–

(A) notified his employer of an alleged violation of this Act or 

the Atomic Energy Act of 1954 (42 USC 2011 et seq.);

(B) refused to engage in any practice made unlawful by this 

act or the Atomic Energy Act of 1954, if the employee has 

identified the alleged illegality to the employer;

(C) testified before Congress or at any Federal or State 

proceeding regarding any provision (or proposed provision) of 

this Act or the Atomic Energy Act of 1954;

(D) commenced, caused to be commenced, or is about to 

commence or cause to be commenced a proceeding under this Act 

or the Atomic Energy Act of 1954, as amended, or a proceeding 

for the administration or enforcement of any requirement imposed 

under this Act or the Atomic Energy Act of 1954, as amended;

(E) testified or is about to testify in any such proceeding or;

(F) assisted or participated or is about to assist or participate in 

any manner in such a proceeding or in any other manner in such a 

proceeding or in any other action to carry out the purposes of this 

Act or the Atomic Energy Act of 1954, as amended.

(2) For purposes of this section, the term "employer" includes–

(A) a licensee of the Commission or of an Agreement State 

under section 274 of the Atomic Energy Act of 1954 (42 USC 

2021);

(B) an applicant for a license from the Commission or such an 

Agreement State;

(C) a contractor or subcontractor of such a licensee or 

applicant;

(D) a contractor or subcontractor of the Department of Energy 

that is indemnified by the Department under section 170d. of the 

Atomic Energy Act of 1954 (42 USC 2210(d)), but such term 

shall not include any contractor or subcontractor covered by 

Executive Order No. 12344;

(E) a contractor or subcontractor of the Commission;

(F) the Commission; and

(G) the Department of Energy.22

(b)(1) Any employee who believes that he has been discharged or 

otherwise discriminated against by any person in violation of subsection 

(a) may, within 180 days after such violation occurs, file (or have any 

person file on his behalf) a complaint with the Secretary of Labor (in this 

section referred to as the "Secretary") alleging such discharge or 

discrimination. Upon receipt of such a complaint, the Secretary shall 

notify the person named in the complaint of the filing of the complaint, 

the Commission and the Department of Energy.

––––––––

21 Sec. 211, formerly Sec. 210, was added by P.L. 95–601, 92 Stat. 2951 (1978). It was 

renumbered as Sec. 211 by P.L. 102–486, 106 Stat 3123 (1992). 22 Sections (E), (F), and (G) added by P.L. 109–58, § 629, 119 Stat. 785 (2005).

42 USC 5851.

42 USC 2011 

note.

Complaint, 

filing and 

notification.
Energy Reorganization Act of 1974 (P.L. 93–438) 255

(2)(A) Upon receipt of a complaint filed under paragraph (1), the 

Secretary shall conduct an investigation of the violation alleged in 

the complaint. Within thirty days of the receipt of such complaint, 

the Secretary shall complete such investigation and shall notify in 

writing the complainant (and any person acting in his behalf) and 

the person alleged to have committed such violation of the results 

of the investigation conducted pursuant to this subparagraph. 

Within ninety days of the receipt of such complaint the Secretary 

shall, unless the proceeding on the complaint is terminated by the 

Secretary on the basis of a settlement entered into by the Secretary 

and the person alleged to have committed such violation, issue an 

order either providing the relief prescribed by subparagraph (B) or 

denying the complaint. An order of the Secretary shall be made on 

the record after notice and notice and opportunity for public 

hearing. Upon the conclusion of such hearing and the issuance of a 

recommended decision that the complaint has merit, the Secretary 

shall issue a preliminary order providing the relief prescribed in 

subparagraph (B), but may not order compensatory damages 

pending a final order. The Secretary may not enter into a 

settlement terminating a proceeding on a complaint without the 

participation and consent of the complainant.

(B) If, in response to a complaint filed under paragraph (1), 

the Secretary determines that a violation of subsection (a) has 

occurred, the Secretary shall order the person who committed 

such violation to (i) take affirmative action to abate the violation, 

and (ii) reinstate the complainant to his former position together 

with the compensation (including back pay), terms, conditions, 

and privileges of his employment, and the Secretary may order 

such person to provide compensatory damages to the complainant. 

If an order is issued under this paragraph, the Secretary, at the 

request of the complainant shall assess against the person against 

whom the order is issued a sum equal to the aggregate amount of 

all costs and expenses (including attorneys’ and expert witness 

fees) reasonably incurred, as determined by the Secretary, by the 

complainant for, or in connection with, the bringing of the 

complaint upon which the order was issued.

(3) (A) The Secretary shall dismiss a complaint filed under 

paragraph (1), and shall not conduct the investigation required 

under paragraph (2), unless the complainant has made a prima 

facie showing that any behavior described in subparagraphs (A) 

through (F) of subsection (a)(1) was a contributing factor in the 

unfavorable personnel action alleged in the complaint.

(B) Notwithstanding a finding by the Secretary that the 

complainant has made the showing required by subparagraph (A), 

no investigation required under paragraph (2) shall be conducted 

if the employer demonstrates, by clear and convincing evidence, 

that it would have taken the same unfavorable personnel action in 

the absence of such behavior.

(C) The Secretary may determine that a violation of subsection 

(a) has occurred only if the complainant has demonstrated that 

any behavior described in subparagraphs (A) through (F) of 

subsection (a)(1) was a contributing factor in the unfavorable 

personnel action alleged in the complaint.

(D) Relief may not be ordered under paragraph (2) if the 

employer demonstrates by clear and convincing evidence that it 

Order.

Notice and 

hearing.

Settlement.

Investigation 

and notification.

Relief.
256 Energy Reorganization Act of 1974 (P.L. 93–438)

would have taken the same unfavorable personnel action in the 

absence of such behavior.

(c)(1) Any person adversely affected or aggrieved by an order issued 

under subsection (b) may obtain review of the order in the United States 

court of appeals for the circuit in which the violation, with respect to 

which the order was issued, allegedly occurred. The petition for review 

must be filed within sixty days from the issuance of the Secretary’s 

order. Review shall conform to chapter 7 of title 5 of the United States 

Code. The commencement of proceedings under this subparagraph shall 

not, unless order by the court, operate as a stay of the Secretary’s order.

(2) An order of the Secretary with respect to which review could 

have been obtained under paragraph (1) shall not be subject to 

judicial review in any criminal or other civil proceeding.

(d) Whenever a person has failed to comply with an order issued 

under subsection (b) (2), the Secretary may file a civil action in the 

United States district court for the district in which the violation was 

found to occur to enforce such order. In actions brought under this 

subsection, the district courts shall have jurisdiction to grant all 

appropriate relief including, but not limited to, injunctive relief, 

compensatory, and exemplary damages.

(e)(1) Any person on whose behalf an order was issued under 

paragraph (2) of subsection (b) may commence a civil action against the 

person to whom such order was issued to require compliance with such 

order. The appropriate United States district court shall have jurisdiction, 

without regard to the amount in controversy or the citizenship of the 

parties, to enforce such order. 

(2) The court, in issuing any final order under this subsection, 

may award costs of litigation (including reasonable attorney and 

expert witness fees) to any party whenever the court determines such 

award is appropriate.

(f) Any nondiscretionary duty imposed by this section shall be 

enforceable in a mandamus proceeding brought under section 1361 of 

title 28 of the United States Code.

(g) Subsection (a) shall not apply with respect to any employee who, 

acting without direction from his or her employer (or the employer’s 

agent), deliberately causes a violation of any requirement of this Act or 

of the Atomic Energy Act of 1954, as amended.23

(h) This section may not be construed to expand, diminish, or 

otherwise affect any right otherwise available to an employee under 

Federal or State law to redress the employee’s discharge or other 

discriminatory action taken by the employer against the employee.

(i) The provisions of this section shall be prominently posted in any 

place of employment to which this section applies.

(j)(1) The Commission or the Department of Energy shall not delay 

taking appropriate action with respect to an allegation of a substantial 

safety hazard on the basis of–

(A) the filing of a complaint under subsection (b)(1) arising 

from such allegation; or

(B) any investigation by the Secretary, or other action, under 

this section in response to such complaint.

––––––––

23 Formerly Section 201, as added by P.L. 95–601, § 10, 92 Stat. 2951 (1978). 

Renumbered and amended by Pub.L. 102–486, Title XXIX, § 2902(a) to (g), (h)(2), (3), 

106 Stat. 3123, 3124 (1992); Pub.L. 109–58, Title VI, § 629, 119 Stat. 785 (2005).

Review.

5 USC 701 et 

seq.

Jurisdiction.

Litigative costs.

42 USC 2011.
Energy Reorganization Act of 1974 (P.L. 93–438) 257

(2) A determination by the Secretary under this section that a 

violation of subsection (a) has not occurred shall not be considered by the 

Commission or the Department of Energy in its determination of whether 

a substantial safety hazard exists.

(4)24 If the Secretary has not issued a final decision within 1 year 

after the filing of a complaint under paragraph (1), and there is no 

showing that such delay is due to the bad faith of the person seeking 

relief under this paragraph, such person may bring an action at law or 

equity for de novo review in the appropriate district court of the United 

States, which shall have jurisdiction over such an action without regard 

to the amount of controversy.

Sec. 212. Limitation on Legal Fee Reimbursement25

The Department of Energy shall not, except as required under a contract 

entered into before the date of enactment of this section, reimburse any 

contractor or subcontractor of the Department for any legal fees or 

expenses incurred with respect to a complaint subsequent to–

(1) an adverse determination on the merits with respect to such 

complaint against the contractor or subcontractor by the Director of 

the Department of Energy’s Office of Hearings and Appeals pursuant 

to part 708 of title 10, Code of Federal Regulations, or by a 

Department of Labor Administrative Law Judge pursuant to section 

211 of this Act; or

(2) an adverse final judgment by any State or Federal court with 

respect to such complaint against the contractor or subcontractor for 

wrongful termination or retaliation due to the making of disclosures 

protected under chapter 12 of title 5, United States Code, section 211 

of this Act, or any comparable State law, unless the adverse 

determination or final judgment is reversed upon further 

administrative or judicial review.

Title III–Miscellaneous and Transitional Provisions

Sec. 301. Transitional Provisions

(a) Except as otherwise provided in this Act, whenever all of the 

functions or programs of an agency, or other body, or any component 

thereof, affected by this Act, have been transferred from that agency, or 

other body, or any component thereof by this Act, the agency, or other 

body, or component thereof shall lapse. If an agency, or other body, or 

any component thereof, lapses pursuant to the preceding sentence, each 

position and office therein which was expressly authorized by law, or the 

incumbent of which was authorized to receive compensation at the rate 

prescribed for an officer or position at level II, III, IV, or V of the 

Executive Schedule (5 USC 5313–5316), shall lapse.

(b) All orders, determinations, rules, regulations, permits, contracts, 

certificates, licenses, and privileges–

(1) which have been issued, made, granted, or allowed to become 

effective by the President, any Federal department or agency or 

official thereof, or by a court of competent jurisdiction, in the 

performance of functions which are transferred under this Act, and

(2) which are in effect at the time this Act takes effect, shall 

continue in effect according to their terms until modified, terminated, 

––––––––

24 Added by P.L. 109–58, § 629(b), 119 Stat. 785 (2005). 25 Added byP.L. 109–58, § 627, 119 Stat. 784 (2005).

Deadline.

42 USC 5853.

42 USC 5871.

Savings 

clauses.

Lapses of 

agencies and 

positions.
258 Energy Reorganization Act of 1974 (P.L. 93–438)

superseded, set aside, or revoked by the President, the Administrator, 

the Commission, or other authorized officials, a court of competent 

jurisdiction, or by operation of law.

(c) The provisions of this Act shall not affect any proceeding 

pending, at the time this section takes effect, before the Atomic Energy 

Commission or any department or agency (or component thereof) 

functions of which are transferred by this Act; but such proceedings, to 

the extent that they relate to functions so transferred, shall be continued. 

Orders shall be issued in such proceedings, appeals shall be taken 

therefrom, and payments shall be made pursuant to such orders, as if this 

Act had not been enacted; and orders issued in any such proceedings 

shall continue in effect until ;modified, terminated, superseded, or 

revoked by a duly authorized official, by a court of competent 

jurisdiction, or by operation of law. Nothing in this subsection shall be 

deemed to prohibit the discontinuance or modification of any such 

proceeding under the same terms and conditions and to the same extent 

that such proceeding could have been 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 commenced 

prior to the date this Act takes effect, and

(2) in all such suits proceedings shall be had, appeals taken, and 

judgments rendered, in the same manner and effect as if this Act had 

not been enacted.

(e) No suit, action, or other proceeding commenced by or against any 

officer in his official capacity as an officer of any department or agency, 

functions of which are transferred by this Act, shall abate by reason of 

the enactment of this Act. No cause of action by or against any 

department or agency, functions of which are transferred by this Act, or 

by or against any officer thereof in his official capacity shall abate by 

reason of the enactment of this Act. Causes of actions, suits, actions, or 

other proceedings may be asserted by or against the United States or such 

official as may be appropriate and, in any litigation pending when this 

section takes effect, the court may at any time, on its own motion or that 

of any party, enter any order which will give effect to the provisions of 

this section.

(f) If, before the date on which this Act takes effect, any department 

or agency, or officer thereof in his official capacity, is a party to a suit, 

and under this Act any function of such department, agency, or officer is 

transferred to the Administrator or Commission, or any other official, 

then such suit shall be continued as if this Act had not been enacted, with 

the Administrator of Commission, or other official, as the case may be, 

substituted.

(g) Final orders and actions of any official or component in the 

performance of functions transferred by this Act shall be subject to 

judicial review to the same extent and in the same manner as if such 

orders or actions had been make or taken by the officer, department, 

agency, or instrumentality in the performance of such functions 

immediately preceding the effective date of the Act. Any statutory 

requirements relating to notices, hearings, action upon the record, or 

administrative review that apply to any function transferred by this Act 

shall apply to the performance of those functions by the Administrator or 

Commission, or any officer or component.

(h) With respect to any function transferred by this Act and 

performed after the effective date of this Act, reference in any other law 

to any department or agency, or any officer or office, the functions of 
Energy Reorganization Act of 1974 (P.L. 93–438) 259

which are so transferred, shall be deemed to refer to the Administration, 

the Administrator or Commission, or other office or official in which this 

Act vests such functions.

(i) Nothing contained in this Act shall be construed to limit, curtail, 

abolish, or terminate any function of the President which he had 

immediately before the effective date of this Act; or to limit, curtail, 

abolish, or terminate his authority to perform such function; or to limit, 

curtail, abolish, or terminate his authority to delegate, redelegate, or 

terminate any delegation of functions.

(j) Any reference in this Act to any provision if law shall be deemed 

to include, as appropriate, references thereto as now or hereafter 

amended or supplemented.

(k) Except as may be otherwise expressly provided in this Act, all 

functions expressly conferred by this Act shall be in addition to and not 

in substitution for functions existing immediately before the effective 

date of this Act and transferred by this Act.

Sec. 302. Transfer of Personnel and Other Matters

(a) Except as provided in the next sentence, the personnel employed 

in connection with, and the personnel positions, assets, liabilities, 

contracts, property, records, and unexpended balances of appropriations, 

authorizations, allocations, and other funds employed, held, used, arising 

from, available to or to be made available in connection with the 

functions and programs transferred by this Act, are, subject to section 

202 of the Budget and Accounting Procedures Act of 1950 (31 USC 

581c), correspondingly transferred for appropriate allocation. Personnel 

positions expressly created by law, personnel occupying those positions 

on the effective date of this Act, and personnel authorized to receive 

compensation at the rate prescribed for offices and positions at levels II, 

III, IV, or V of the Executive Schedule (5 USC 5313-5316) on the 

effective date of this Act shall be subject to the provisions of subsection 

(c) of this section and section 301 of this Act.

(b) Except as provided in subsection (c), transfer of nontemporary 

personnel pursuant to this Act shall not cause any such employee to be 

separated or reduced in grade or compensation for one year after such 

transfer.

(c) Any person who, on the effective date of this Act, held a position 

compensated in accordance with the Executive Schedule prescribed in 

chapter 52 of title 5 of the United States Code, and who, without a break 

in service, is appointed in the Administration to a position having duties 

comparable to those performed immediately preceding his appointment 

shall continue to be compensated in his new position at not less than the 

rate provided for his previous position.

Sec. 303. Incidental Dispositions

The Director of the Office of Management and Budget is authorized 

to make such additional incidental dispositions of personnel, personnel 

positions, assets, liabilities, contracts, property, records, and unexpended 

balances of appropriations, authorizations, allocations, and other funds 

held, used, arising from, available to or to be made available in 

connection with functions transferred by this Act, as he may deem 

necessary or 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 be deemed

to include references to duty, obligation, power, authority, 

responsibility, right, privilege, and activity, or the plural thereof, as the 

case may be; and

42 USC 5872.

42 USC 5873.

42 USC 5874.
260 Energy Reorganization Act of 1974 (P.L. 93–438)

(2) any reference to "perform" or "performance", when used in 

relation to functions, shall be deemed to include the exercise of 

power, authority, rights, and privileges.

Sec. 305. Authorizations of Appropriations

(a) Except as otherwise provided by law, appropriations made under 

this Act shall be subject to an annual authorization.

(b) Authorization of appropriations to the Commission shall reflect 

the need for effective licensing and other regulation of the nuclear power 

industry in relation to the growth of such industry.

Sec. 306. Comptroller General Audit

(a) Section 166. "Comptroller General Audit" of the Atomic Energy 

Act of 1954, as amended, shall be deemed to be applicable, respectively, 

to the nuclear and nonnuclear activities under title I and to the activities 

under title II.

(b) The Comptroller General of the United States shall audit, review, 

and evaluate the implementation of the provisions of title II of this Act 

by the Nuclear Safety and Licensing Commission not later than sixty 

months after the effective date of this Act, the Comptroller General shall 

prepare and submit to the Congress a report on his audit, which shall 

contain, but not be limited to–

(1) an evaluation of the effectiveness of the licensing and related 

regulatory activities of the Commission and the operations of the 

Office of Nuclear Safety Research and the Bureau of Nuclear 

Materials Security;

(2) an evaluation of the effect of such Commission activities on 

the efficiency, effectiveness, and safety with which the activities 

licensed under the Atomic Energy Act of 1954, as amended, are 

carried out;

(3) recommendations concerning any legislation he deems 

necessary, and the reasons therefor, for improving the implementation 

of title II.

Sec. 307. Reports26

(a) The Administrator shall, as soon as practicable after the end of 

each fiscal year, make a report to the President for submission to the 

Congress on the activities of the Administration during the preceding 

fiscal year. Such report shall include a statement of the short-range and 

long-range goals, priorities, and plans of the Administration together 

with an assessment of the progress made toward the attainment of 

objectives and toward the more effective and efficient management of the 

Administration and the coordination of its functions.

(b) During the first year of operation of the Administration, the 

Administrator, in collaboration with the Secretary of Defense, shall 

conduct a thorough review of the desirability and feasibility of 

transferring to the Department of Defense or other Federal agencies the 

functions of the Administrator respecting military application and 

restricted data, and within one year after the Administrator first takes 

office, the Administrator shall make a report to the President, for 

submission to the Congress, setting forth his comprehensive analysis, the 

principal alternatives, and the specific recommendations of the 

Administrator and the Secretary of Defense.

––––––––

26 The requirements of this section are included in the reporting provisions under 

section 657 of the Department of Energy Reorganization Act, P.L. 95–91, 42 U.S.C. 7267.

42 USC 5875.

42 USC 5876.

42 USC 2206.

Report to 

Congress.

42 USC 5877.

Administration 

activities and 

progress.

Reports to the 

President and 

Congress.

Feasibility of 

transferring 

military 

application 

functions.
Energy Reorganization Act of 1974 (P.L. 93–438) 261

(c) The Commission shall, as soon as practicable after the end of each 

fiscal year, make a report to the President for submission to the Congress 

on the activities of the Commission during the preceding fiscal year. 

Such report shall include a clear statement of the short-range and longrange goals, priorities, and plans of the Commission as they relate to the 

benefits, costs, and risks of commercial nuclear power. Such report shall 

also include a clear description of the Commission’s activities and 

findings in the following areas–

(1) insuring the safe design of nuclear power plants and other 

licensed facilities;

(2) investigating abnormal occurrences and defects in nuclear 

power plants and other licensed facilities;

(3) safeguarding special nuclear materials at all stages of the 

nuclear fuel cycle;

(4) investigating suspected, attempted, or actual thefts of special 

nuclear materials in the licensed sector and developing contingency 

plans for dealing with such incidents;

(5) insuring the safe, permanent disposal of high-level radioactive 

wastes through the licensing of nuclear activities and facilities;

(6) protecting the public against the hazards of low-level 

radioactive emissions from licensed nuclear activities and facilities.

Sec. 308. Information to Committees

The Administrator shall keep the appropriate congressional 

committees fully and currently informed with respect to all of the 

Administration’s activities.

Sec. 309. Transfer of Funds

The Administrator, when authorized in an appropriation Act, may, in 

any fiscal year, transfer funds from one appropriation to another within 

the Administration; except, that no appropriation shall be either increased 

or decreased pursuant to this section by more than 5 per centum of the 

appropriation for such fiscal year.

Sec. 310. Conforming Amendments to Certain Other Laws

Subchapter II (relating to Executive Schedule pay rates) of chapter 53 

of title 5, United States Code, is amended as follows:

(1) Section 5313 is amended by striking out "(8) Chairman, 

Atomic Energy Commission," and inserting in lieu thereof "(8) 

Chairman, Nuclear Regulatory Commission," and by adding at the 

end thereof the following:

(22) Administrator of Energy Research and Development 

Administration.

(2) Section 5314 is amended by striking out "(42) Members, 

Atomic Energy Commission." and inserting in lieu thereof "(42) 

Members, Nuclear Regulatory Commission.", and by adding at the 

end thereof the following:

(60) Deputy Administrator, Energy Research and Development 

Administration.

(3) Section 5315 is amended by striking out paragraph (50), and

by adding at the end thereof the following:

(100) Assistant Administrator, Energy Research and Development 

Administration (6).

(101) Director of Nuclear Reactor Regulation, Nuclear Regulatory 

Commission.

(102) Director of Nuclear Material Safety and Safeguards, Nuclear 

Regulatory Commission.

(103) Director of Nuclear Regulatory Research, Nuclear Regulatory 

Commission.

Commission 

activities and 

findings.

42 USC 5878.

42 USC 5879.

5 USC 5313.

5 USC 5314.

5 USC 5315.
262 Energy Reorganization Act of 1974 (P.L. 93–438)

(104) Executive Director for Operations, Nuclear Regulatory 

Commission.

(4) Section 5316 is amended by striking out paragraphs (29), (62), 

(69), and (102), by striking out "(81), General Counsel of the Atomic 

Energy Commission," and inserting in lieu thereof "(81) General Counsel 

of the Nuclear Regulatory Commission.", and by adding at the end 

thereof the following:

(134) General Counsel, Energy Research and Development 

Administration.

(135) Additional officers, Energy Research and Development 

Administration (8).

(136) Additional officers, Nuclear Regulatory Commission (5).

Sec. 311. Separability

If any provision of this Act, or the application thereof to any person 

or circumstance, is held invalid, the remainder of this Act, and the 

application of such provision to other persons or circumstances, shall not 

be affected thereby.

Sec. 312. Effective Date and Interim Appointments

(a) This Act shall take effect one hundred and twenty days after the 

date of its enactment, or on such earlier date the President may prescribe 

and publish in the Federal Register; except that any of the officers 

provided for in title I of this Act may be nominated and appointed, as 

provided by this Act, at any time after the date of enactment of this Act. 

Funds available to any department or agency (or any official or 

component thereof), any functions of which are transferred to the 

Administrator and the Commission by this Act, may, with the approval 

of the President, be used to pay the compensation and expenses of any 

officer appointed pursuant to this subsection until such time as funds for 

that purpose are otherwise available.

(b) In the event that any officer required by this Act to be appointed 

by and with the advice and consent of the Senate shall not have entered 

upon office on the effective date of this Act, the President may designate 

any officer, whose appointment was required to be made by and with the 

advice and consent of the Senate and who was such an officer 

immediately prior to the effective date of this Act, to act in such office 

until the office is filled as provided in this Act. While so acting, such 

persons shall receive compensation at the rates provided by this Act for 

the respective offices in which they act.

Title IV–Sex Discrimination

Sec. 401. Sex Discrimination Prohibited

No person shall on the ground of sex be excluded from participation 

in, be denied a license under, be denied the benefits of, or be subjected to 

discrimination under any program or activity carried on or receiving 

Federal assistance under any title of this Act. This provision will be 

enforced through agency provisions and rules similar to those already 

established, with respect to racial and other discrimination, under title VI 

of the Civil Rights Act of 1964. However, this remedy is not exclusive 

and will not prejudice or cut off any other legal remedies available to a 

discriminate.

5 USC 5316.

42 USC 5801 

note.

42 USC 5801 

note.

Publication in 

Federal 

Register.

42 USC 5891.

42 USC 2000d.
Reorganization Plans and Other Documents Pertaining to the NRC 263

4. Reorganization Plan of 1980 and Other 

Documents Pertaining to NRC 

Jurisdiction

Reorganization Plans and Other Documents Pertaining to the NRC 265

4. Reorganization Plan of 1980 and Other Documents Pertaining to NRC Jurisdiction

Contents

A. REORGANIZATION PLAN NO. 1 OF 1980....................................... 267

Nuclear Regulatory Commission ......................................................................... 267

Sec. 1........................................................................................................... 267

Sec. 2........................................................................................................... 268

Sec. 3........................................................................................................... 269

Sec. 4........................................................................................................... 269

Sec. 5........................................................................................................... 270

B. REORGANIZATION PLAN NO. 3 OF 1970 ....................................... 271

Title III–The President ......................................................................................... 271

Environmental Protection Agency....................................................................... 271

Sec. 1. Establishment of Agency............................................................... 271

Sec. 2. Transfers to Environmental Protection Agency ......................... 271

Sec. 3. Performance of Transferred Functions....................................... 273

Sec. 4. Incidental Transfers...................................................................... 273

Sec. 5. Interim Officers............................................................................. 273

Sec. 6. Abolitions ....................................................................................... 274

Sec. 7. Effective Date................................................................................. 274

C. EXECUTIVE ORDER 11834—ACTIVATION OF THE ENERGY 

RESEARCH AND DEVELOPMENT ADMINISTRATION AND 

THE NUCLEAR REGULATORY COMMISSION.............................. 275

Activation of the Energy Research and Development Administration and 

the Nuclear Regulatory Commission..................................................... 275

Sec. 1........................................................................................................... 275

Sec. 2........................................................................................................... 275

Sec. 3........................................................................................................... 275

D. OMB MEMORANDUM REGARDING RESPONSIBILITY FOR 

SETTING RADIATION PROTECTION STANDARDS ..................... 276

E. PRESIDENT'S COMMISSION ON THE ACCIDENT AT THREE 

MILE ISLAND.......................................................................................... 278

Reorganization Plan No. 1 of 1980 267

A. REORGANIZATION PLAN NO. 1 OF 1980

Prepared by the President and submitted to the Senate and the House 

of Representatives in Congress assembled March 27, 1980,1 pursuant to 

the provisions of chapter 9 of title 5 of the United States Code.2

Nuclear Regulatory Commission

Sec. 1. (a) Those functions of the Nuclear Regulatory Commission, 

hereinafter referred to as the "Commission," concerned with:

(1) policy formulation;

(2) rulemaking, as defined in section 553 of title 5 of the United 

States Code, except that those matters set forth in 553(a)(2) and (b) 

which do not pertain to policy formulation orders or adjudications 

shall be reserved to the Chairman of the Commission;

(3) orders and adjudications, as defined in section 551 (6) and (7) 

of title 5 of the United States Code;

shall remain vested in the Commission. The Commission may 

determine by majority vote, in an area of doubt, whether any matter, 

action, question or area of inquiry pertains to one of these functions. The 

performance of any portion of these functions may be delegated by the 

Commission to a member of the Commission, including the Chairman of 

the Nuclear Regulatory Commission, hereinafter referred to as the 

"Chairman", and to the staff through the Chairman.

(b)(1) With respect to the following officers or successor officers 

duly established by statute or by the Commission, the Chairman shall 

initiate the appointment, subject to the approval of the Commission; and 

the Chairman or a member of the Commission may initiate an action for 

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 Evaluation,

(v) Director of the Office of Inspector and Auditor,

(vi) Chairman, Vice Chairman, Executive Secretary, and 

Members of the Atomic Safety and Licensing Board Panel,

(vii) Chairman, Vice Chairman and Members of the 

Atomic Safety and Licensing Appeal Panel.

(2) With respect to the following officers or successor officers 

duly established by statute or by the Commission, the Chairman, after 

consultation with the Executive Director for Operations, shall initiate 

the appointment, subject to the approval of the Commission, and the 

Chairman, or a member of the Commission may initiate an action for 

removal, subject to the approval of the Commission:

(i) Director of Nuclear Reactor Regulation,

(ii) Director of Nuclear Material Safety and Safeguards,

(iii) Director of Nuclear Regulatory Research,

(iv) Director of Inspection and Enforcement.

––––––––

1 As amended May 5, 1980. See House Document No. 96–307, Amendments to 

Reorganization Plan No. 1 of 1980, Message from the President of the United States. 2 This Reorganization Plan was originally approved under special Congressional 

procedures; the Supreme Court decision in Immigration & Naturalization Service vs.

Chadha (462 US 919 (1983)) called into question the legality of this plan. Congress 

responded by enacting this Reorganization Plan in P.L. 98–614. 

5 USC App. 1.
268 Reorganization Plan No. 1 of 1980

(v) Director of Standards Development.

(3) The Chairman or a member of the Commission shall initiate 

the appointment of the Members of the Advisory Committee on 

Reactor Safeguards, subject to the approval of the Commission. The 

provisions for appointment of the Chairman of the Advisory 

Committee on Reactor Safeguards and the term of the members shall 

not be affected by the provisions of this Reorganization Plan.

(4) The Commission shall delegate the function of appointing, 

removing and supervising the staff of the following offices or 

successor offices to the respective heads of such offices: General 

Counsel, Secretary of the Commission, Office of Policy Evaluation, 

Office of Inspector and Auditor. The Commission shall delegate the 

functions of appointing, removing and supervising the staff of the 

following panels and committee to the respective Chairman thereof: 

Atomic Safety and Licensing Board Panel, Atomic Safety and 

Licensing Appeal Panel and Advisory Committee on Reactor 

Safeguards.

(c) Each member of the Commission shall continue to appoint, 

remove and supervise the personnel employed in his or her immediate 

office.

(d) The Commission shall act as provided by subsection 201(a)(1) of 

the Energy Reorganization Act of 1974, as amended (42 USC 5841 

(a)(1), as amended) in the performance of its functions as described in 

subsections (a) and (b) of this section.

Sec. 2. (a) All other functions of the Commission, not specified by 

section 1 of this Reorganization Plan, are hereby transferred to the 

Chairman. The Chairman shall be the official spokesman for the 

Commission, and shall appoint, supervise, and remove, without further 

action by the Commission, the Directors and staff of the Office of Public 

Affairs and the Office of Congressional Relations. The Chairman may 

consult with the Commission as he deems appropriate in exercising this 

appointment function.

(b) The Chairman shall also be the principal executive officer of the 

Commission, and shall be responsible to the Commission for developing 

policy planning and guidance for consideration by the Commission; shall 

be responsible for the Commission for assuring that the Executive 

Director for Operations and the staff of the Commission (other than the 

officers and staff referred to in sections (1)(b)(4), (1)(c) and (2)(a) of this 

Reorganization Plan) are responsive to the requirements of the 

Commission in the performance of its functions; shall determine the use 

and expenditure of funds of the Commission, in accordance with the 

distribution of appropriated funds according to major programs and 

purposes approved by the Commission; shall present to the Commission 

for its consideration the proposals and estimates set forth in subsection 

(3) of this paragraph; and shall be responsible for the following 

functions, which he shall delegate, subject to his direction and 

supervision, to the Executive Director for Operations unless otherwise 

provided by this Reorganization Plan:

(1) administrative functions of the Commission;

(2) distribution of business among such personnel and among 

administrative units and offices of the Commission;

(3) preparation of

(i) proposals for the reorganization of the major offices 

within the Commission;

(ii) the budget estimate for the Commission; and
Reorganization Plan No. 1 of 1980 269

(iii) the proposed distribution of appropriated funds 

according to major programs and purposes.

(4) appointing and removing without any further action by the 

Commission, all officers and employees under the Commission other 

than those whose appointment and removal are specifically provided 

for by subsections 1 (b), (c) and 2(a) of this Reorganization Plan.

(c) The Chairman as principal executive officer and the Executive 

Director for Operations shall be governed by the general policies of the 

Commission and by such regulatory decisions, findings, and 

determinations, including those for reorganization proposals, budget 

revisions and distribution of appropriated funds, as the Commission may 

by law, including this Plan, be authorized to make. The Chairman and the 

Executive Director for Operations, through the Chairman, shall be 

responsible for insuring that the Commission is fully and currently 

informed about matters within its functions.

Sec. 3. (a) Notwithstanding sections 1 and 2 of this Reorganization 

Plan, there are hereby transferred to the Chairman all the functions vested 

in the Commission pertaining to an emergency concerning a particular 

facility or materials licensed or regulated by the Commission, including 

the functions of declaring, responding, issuing orders, determining 

specific policies, advising the civil authorities, and the public, directing, 

and coordinating actions relative to such emergency incident.

(b) The Chairman may delegate the authority to perform such 

emergency functions, in whole or in part, to any of the other members of 

the Commission. Such authority may also be delegated or re-delegated, 

in whole or in part to the staff of the Commission.

(c) In acting under this section, the Chairman, or other member of the 

Commission delegated authority under subsection (b), shall conform to 

the policy guidelines of the Commission. To the maximum extent 

possible under the emergency conditions, the Chairman or other member 

of the Commission delegated authority under subsection (b), shall inform 

the Commission of actions taken relative to the emergency.

(d) Following the conclusion of the emergency, the Chairman, or the 

member of the Commission delegated the emergency functions under 

subsection (b), shall render a complete and timely report to the 

Commission on the actions taken during the emergency.

Sec. 4. (a) The Chairman may make such delegations and provide for 

such reporting as the Chairman deems necessary, subject to provisions of 

law and this Reorganization Plan. Any officer or employee under the 

Commission may communicate directly to the Commission, or to any 

member of the Commission, whenever in the view of such officer or 

employee a critical problem or public health and safety or common 

defense and security is not being properly addressed.

(b) The Executive Director for Operations shall report for all matters 

to the Chairman.

(c) The function of the Director of Nuclear Reactor Regulation, 

Nuclear Material Safety and Safeguards, and Nuclear Regulatory 

Research of reporting directly to the Commission is hereby transferred so 

that such officers report to the Executive Director for Operations. The 

function of receiving such reports is hereby transferred from the 

Commission to the Executive Director for Operations.

(d) The heads of the Commission level offices or successor offices, of 

General Counsel, Secretary to the Commission, Office of Policy 

Evaluation, Office of Inspector and Auditor, the Atomic Safety and 

Licensing Board Panel and Appeal Panel, and Advisory Committee on 
270 Reorganization Plan No. 1 of 1980

Reactor Safeguards shall continue to report directly to the Commission 

and the Commission shall continue to receive such reports.

Sec. 5. The provisions of this Reorganization Plan shall take effect 

October 1, 1980, or at such earlier time or times as the President shall 

specify, but no sooner than the earliest time allowable under section 906 

of title 5 of the United States Code.3

––––––––

3 See 45 FR 40561.
Reorganization Plan No. 3 of 1970 271

B. REORGANIZATION PLAN NO. 3 OF 1970

Title III–The President

Prepared by the President and transmitted to the Senate and the House of 

Representatives in Congress assembled July 9, 1970, pursuant to the 

provisions of chapter 9 of title 5 of the United States Code.1 2

Environmental Protection Agency

Sec. 1. Establishment of Agency

(a) There is hereby established the Environmental Protection Agency, 

hereinafter referred to as the "Agency."

(b) There shall be at the head of the Agency the Administrator of the 

Environmental Protection Agency, hereinafter referred to as the 

"Administrator." The Administrator shall be appointed by the President, 

by and with the advice and consent of the Senate, and shall be 

compensated at the rate now or hereafter provided for Level II of the 

Executive Schedule Pay rates (5 USC 5313).

(c) There shall be in the Agency a Deputy Administrator of the 

Environmental Protection Agency who shall be appointed by the 

President, by and with the advice and consent of the Senate, and shall be 

compensated at the rate now or hereafter provided for Level III of the 

Executive Schedule Pay Rates (5 USC 5314). The Deputy Administrator 

shall perform such functions as the Administrator shall from time to time 

assign or delegate, and shall act as Administrator during the absence or 

disability of the Administrator or in the event of a vacancy in the office 

of Administrator.

(d) There shall be in the Agency not to exceed five Assistant 

Administrators of the Environmental Protection Agency who shall be 

appointed by the President, by and with the advice and consent of the 

Senate, and shall be compensated at the rate now or hereafter provided 

for Level IV of the Executive Schedule Pay Rates (5 USC 5315). Each 

Assistant Administrator shall perform such functions as the 

Administrator 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 the Interior and 

the Department of the Interior which are administered through the 

Federal Water Quality Administration, all functions which were 

transferred to the Secretary of the Interior by Reorganization Plan No. 

2 of 1966 (80 Stat. 1608), and all functions vested in the Secretary of 

the Interior or the Department of the Interior by the Federal Water 

Pollution Control Act or by provisions of law amendatory or 

supplementary thereof.

(2)(i) The functions vested in the Secretary of the Interior by the 

Act of August 1, 1958, 72 Stat. 479, 16 USC 742d-1 (being an Act 

relating to studies on the effects of insecticides, herbicides, 

fungicides, and pesticides upon the fish and wildlife resources of the 

––––––––

1 Effective December 2, 1970, under the provisions of section 7 of the plan. 2 This Reorganization Plan was originally approved under special Congressional 

procedures; the Supreme Court decision in Immigration & Naturalization Service vs. 

Chadha (462 US 919 (1983)) called into question the legality of this plan. Congress 

responded by enacting this Reorganization Plan in P.L. 98–614. 

5 USC App. 1.
272 Reorganization Plan No. 3 of 1970

United States), and (ii) the functions vested by law in the Secretary of 

the Interior and the Department of the Interior which are administered 

by the Gulf Breeze Biological Laboratory of the Bureau of 

Commercial Fisheries at Gulf Breeze, Florida.

(3) The functions vested by law to the Secretary of Health, 

Education, and Welfare or in the Department of Health, Education, 

and Welfare which are administered through the Environmental 

Health Service, including the functions exercised by the following 

components thereof:

(i) The National Air Pollution Control Administration,

(ii) The Environmental Control Administration

(A) Bureau of Solid Waste Management,

(B) Bureau of Water Hygiene,

(C) Bureau of Radiological Health,

except that functions carried out by the following components of the 

Environmental Control Administration of the Environmental Health 

Service are not transferred: (i) Bureau of Community Environmental 

Management, (ii) Bureau of Occupational Safety and Health, and (iii) 

Bureau of Radiological Health, insofar as the functions carried out by the 

latter Bureau pertain to (A) regulation of radiation from consumer 

products, including electronic product radiation, (B) radiation as used in 

the healing arts, (C) occupational exposures to radiation, and (D) 

research, technical assistance, and training related to clauses (A), (B), 

and (C).

(4) The functions vested in the Secretary of Health, Education, 

and Welfare of establishing tolerances for pesticide chemicals under 

the Federal Food, Drug, and Cosmetic Act as amended, 21 USC 346, 

346a, and 348, together with authority, in connection with the 

functions transferred, (i) to monitor compliance with the tolerances 

and the effectiveness of surveillance and enforcement, and (ii) to 

provide technical assistance to the States and conduct research under 

the Federal Food, Drug, and Cosmetic Act, as amended, and the 

Public Health Service Act, as amended.

(5) So much of the functions of the Council on Environmental 

Quality under section 204(5) of the National Environmental Policy 

Act of 1969 (Public Law 91-190, approved January 1, 1970, 83 Stat. 

855), as pertains to ecological systems.

(6) The functions of the Atomic Energy Commission under the 

Atomic Energy Act of 1954, as amended, administered through its 

Division of Radiation Protection Standards, to the extent that such 

functions of the Commission consist of establishing generally 

applicable environmental standards for the protection of the general 

environment from radioactive material. As used herein, standards 

mean limits on radiation exposures or levels, or concentrations or 

quantities of radioactive material, in the general environment outside 

the boundaries of locations under the control of persons possessing or 

using radioactive material.

(7) All functions of the Federal Radiation Council (42 USC 

2021(h)).

(8)(i) The functions of the Secretary of Agriculture and the 

Department of Agriculture under the Federal Insecticide, Fungicide, 

and the Rodenticide Act, as amended (7 USC 135-135k), (ii) the 

functions of the Secretary of Agriculture and the Department of 

Agriculture under section 408 (1) of the Federal Food, Drug, and 

Cosmetic Act, as amended (21 USC 346a (1)), and (iii) the functions 

vested by law in the Secretary of Agriculture and the Department of 
Reorganization Plan No. 3 of 1970 273

Agriculture which are administered through the Environmental 

Quality Branch of the Plant Protection Division of the Agricultural 

Research Service.

(9) So much of the functions of the transferor officers and 

agencies referred to in or affected by the foregoing provisions of this 

section as is incidental to or necessary for the performance by or 

under the Administrator of the functions transferred by those 

provisions or relates primarily to those functions. The transfers to the 

Administrator made by this section shall be deemed to include the 

transfer of (1) authority, provided by law, to prescribe regulations 

relating primarily to the transferred functions, and (2) the functions 

vested in the Secretary of the Interior and the Secretary of Health, 

Education, and Welfare by section 169(d)(1)(b) and (3) of the Internal 

Revenue Code of 1954 (as enacted by section 704 of the Tax Reform 

Act of 1969, 83 Stat. 668); but shall be deemed to exclude the transfer 

of the functions of the Bureau of Reclamation under section 3(b)(1) 

of the Water 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 Water Pollution 

Control Advisory Board (33 USC 466f), together with its functions, 

and (ii) the hearing boards provided for in section 10(c)(4) and 10(f) 

of the Federal Water Pollution Control Act, as amended (33 USC 

466g(c)(4): 466g(f)). The functions of the Secretary of the Interior 

with respect to being or designating the Chairman of the Water 

Pollution Control Advisory Board are hereby transferred to the 

Administrator.

(2) From the Department of Health, Education, and Welfare, the 

Air Quality Advisory Board (42 USC 1857e), together with its 

functions. The functions of the Secretary of Health, Education, and 

Welfare with respect to being a member and the Chairman of that 

Board are hereby transferred to the Administrator.

Sec. 3. Performance of Transferred Functions

The Administrator may from time to time make such provisions as he 

shall deem appropriate authorizing the performance of any of the 

functions transferred to him by the provisions of this reorganization plan 

by any other officer or by any organizational entity or employee, of the 

Agency.

Sec. 4. Incidental Transfers

(a) So much of the personnel, property, records, and unexpended 

balances of appropriations, allocations, and other funds employed, used, 

held, available, or to be made available in connection with the functions 

transferred to the Administrator or the Agency by this reorganization 

plan as the Director of the Office of Management and Budget shall 

determine shall be transferred to the Agency at such time or times as the 

Director shall direct.

(b) Such further measures and dispositions as the Director of Office 

of Management and Budget shall deem to be necessary in order to 

effectuate the transfers referred to in subsection (a) of this section shall 

be carried out in such manner as he shall direct and by such agencies as 

he shall designate.

Sec. 5. Interim Officers

(a) The President may authorize any person who immediately prior to 

the effective date of this reorganization plan held a position in the 

executive branch of the Government to act as Administrator until the 

office of Administrator is for the first time filled pursuant to the 
274 Reorganization Plan No. 3 of 1970

provisions of this reorganization plan or by recess appointment, as the 

case may be.

(b) The President may similarly authorize any such person to act as 

Deputy Administrator, authorize any such person to act as Assistant 

Administrator, and authorize any such person to act as the head of any 

principal constituent organizational entity of the Administration.

(c) The President may authorize any person who serves in an acting 

capacity under the foregoing provisions of this section to receive the 

compensation attached to the office in respect of which he so serves. 

Such compensation, if authorized, shall be in lieu of, but not in addition 

to, other compensation from the United States to which such person may 

be entitled.

Sec. 6. Abolitions

(a) Subject to the provisions of this reorganization plan, the 

following, exclusive of any functions, are hereby abolished:

(1) The Federal Water Quality Administration in the Department 

of the Interior (33 USC 466-1).

(2) The Federal Radiation Council (73 Stat. 690; 42 USC 

2021(h)).

(b) Such provisions as may be necessary with respect to terminating 

any outstanding affairs shall be made by the Secretary of the Interior in 

the case of the Federal Water Quality Administration and by the 

Administrator of General Services in the case of the Federal Radiation 

Council.

Sec. 7. Effective Date

The provisions of this reorganization plan shall take effect sixty days 

after the date they would take effect under 5 USC 906(a) in the absence 

of this section.
E.O. 11834—Activation of ERDA and NRC 275

C. EXECUTIVE ORDER 11834—ACTIVATION OF THE 

ENERGY RESEARCH AND DEVELOPMENT 

ADMINISTRATION AND THE NUCLEAR REGULATORY 

COMMISSION

THE WHITE HOUSE

Activation of the Energy Research and Development Administration 

and the Nuclear Regulatory Commission

By virtue of the authority vested in me by the Energy Reorganization 

Act of 1974 (Public Law 93-438; 88 Stat. 1233), section 301 of title 3 of 

the United States Code, and as President of the United States of America, 

it is hereby ordered:

Sec. 1. Pursuant to section 312(a) of the Energy Reorganization Act 

of 1974, I hereby prescribe January 19, 1975, as the effective date of that 

Act. This action shall not impair in any way the activation of the Energy 

Resources Council by Executive Order No. 11814 of October 11, 1974.

Sec. 2. The Director of the Office of Management and Budget shall 

take all steps necessary or appropriate to ensure or effectuate the transfers 

provided for in the Energy Reorganization Act of 1974, the Solar Heating 

and Cooling Demonstration Act of 1974 (Public Law 93-409; 88 Stat. 

1069), the Geothermal Energy Research, Development, and 

Demonstration Act of 1974 (Public Law 93-410; 88 Stat. 1079), the Solar 

Energy Research, Development, and Demonstration Act of 1974 (Public 

Law 93-473; 88 Stat. 1431), to the extent required or permitted by law, 

including transfers of funds, personnel and positions, assets liabilities, 

contracts, property, records, and other items related to the transfer of 

functions, programs, or authorities.

Sec. 3. As required by the Energy Reorganization Act of 1974, this 

Order shall be published in the Federal Register.

GERALD R. FORD

THE WHITE HOUSE, 

January 15, 1975.
276 OMB Memo Regarding Radiation Protection Standards

D. OMB MEMORANDUM REGARDING RESPONSIBILITY FOR 

SETTING RADIATION PROTECTION STANDARDS

Washington, D.C. 20503

December 7, 1973

MEMORANDUM FOR: ADMINISTRATOR TRAIN

CHAIRMAN RAY

SUBJECT: Responsibility for Setting Radiation Protection Standards

FROM: Roy L. Ash

Thank you for providing position papers which outline the background 

and the current difference of views between your two agencies as to 

which should have the responsibility for issuing standards to define 

permissible limits on radioactivity that may be emitted from facilities in 

the nuclear power industry.

It is clear, as your paper indicated, that a decision is needed on this 

matter so that the nuclear power industry and the general public will 

know where the responsibility lies for developing (including public 

participation in development), promulgating and enforcing radiation 

protection standards for various types of facilities in the nuclear power 

industry. We must, in the national interest, avoid confusion in this area, 

particularly since nuclear power is expected to supply a growing share of 

the Nation's energy requirements; and it must be clear that we are 

assuring continued full protection of the public health and the 

environment from radiation hazards.

It is also clear from the information which you provided that:

the area of responsibility now in controversy is intimately related to 

the direct regulatory responsibilities and capabilities of the Atomic 

Energy Commission, responsibilities about which there is no dispute.

EPA has construed too broadly its responsibilities, as set forth in 

Reorganization Plan No. 3 of 1970, to set "generally applicable 

environmental standards for the protection of the general environment 

from radioactive material."

On behalf of the President, this memorandum is to advise you that the 

decision is that AEC should proceed with its plans for issuing uranium 

fuel cycle standards, taking into account the comments received from all 

sources, including EPA; that EPA should discontinue its preparations for 

issuing, now or in the future, any standards for types of facilities; and 

that EPA should continue, under its current authority, to have 

responsibility for setting standards for the total amount of radiation in the 

general environment from all facilities combined in the uranium fuel 

cycle, i.e., an ambient standard which would have to reflect AEC's 

findings as to the practicability of emission controls.

EPA can continue to have a major impact upon standards for facilities set 

by AEC through EPA's review of proposed standards, during which EPA 
OMB Memo Regarding Radiation Protection Standards 277

can bring to bear its knowledge and perspective derived from its 

responsibility for setting ambient radiation standards.

The President expects that AEC and EPA continue to work together to 

carry out the responsibilities as outlined above.
278 President’s Commission on the Accident at TMI

E. PRESIDENT'S COMMISSION ON THE ACCIDENT AT 

THREE MILE ISLAND

Public Papers of the Presidents of the United States:

Jimmy Carter, 1979

Remarks Announcing Actions in Response to the Commission's 

Report. December 7, 1979.

The purpose of this brief statement this afternoon is to outline to you 

and to the public, both in this country and in other nations of the world, 

my own assessment of the Kemeny report recommendations on the Three 

Mile Island accident. And I would like to add, of course, in the 

presentation some thoughts and actions of my own. 

I have reviewed the report of the Commission, which I established to 

investigate the accident at the Three Mile Island nuclear power plant. The 

Commission, headed by Dr. John Kemeny, found very serious 

shortcomings in the way that both the Government and the utility 

industry regulate and manage nuclear power. 

The steps that I am taking today will help to assure that nuclear power 

plants are operated safely. Safety, as it always has been and will remain, 

is my top priority. 

As I've said before, in this country nuclear power is an energy source 

of last resort. By this I meant that as we reach our goals on conservation, 

on the direct use of coal, on development of solar power and synthetic 

fuels, and enhanced production of American oil and natural gas – as we 

reach those goals, then we can minimize our reliance on nuclear power. 

Many of our foreign allies must place much greater reliance than we 

do on nuclear power, because they do not have the vast natural resources 

that give us so many alternatives. We must get on with the job of 

developing alternative energy resources, and we must also pass, in order 

to do this, the legislation that I have proposed to the Congress in making 

an effort, at every level of society, to conserve energy. To conserve 

energy and to develop energy resources in our country are the two basic 

answers for which we are seeking. But we cannot shut the door on 

nuclear power for the United States. 

The recent events in Iran have shown us the clear, stark dangers that 

excessive dependence on imported oil holds for our Nation. We must 

make every effort to lead this country to energy security. Every domestic 

energy source, including nuclear power, is critical if we are to be free as 

a country from our present over-dependence on unstable and uncertain 

sources of high-priced foreign oil. 

We do not have the luxury of abandoning nuclear power or imposing 

a lengthy moratorium on its further use. A nuclear power plant can 

displace 35,000 barrels of oil per day, or roughly 13 million barrels of oil 

per year. We must take every possible step to increase the safety of 

nuclear power production. I agree fully with the letter and the spirit and 

the intent of the Kemeny commission's recommendations, some of which 

are within my own power to implement, others of which rely on the

Nuclear Regulatory Commission, or the NRC, or the utility industry 

itself. 

To get the Government's own house in order, I will take several steps. 

First, I will send to the Congress a reorganization plan to strengthen the 

role of the Chairman of the NRC, to clarify assignment of authority and 

responsibility, and provide this person with the power to act on a daily 

basis as a chief executive officer with authority to put needed safety 
President’s Commission on the Accident at TMI 279

requirements in place and to implement better procedures. The Chairman 

must be able to select key personnel and to act on behalf of the 

Commission during any emergency. 

Second, I intend to appoint a new Chairman of the Nuclear 

Regulatory Commission, someone from outside that agency, in the spirit 

of the Kemeny commission's recommendation. In the meantime, I've 

asked Commissioner Ahearne, now on the NRC, to serve as the 

Chairman. Mr. Ahearne will stress safety and the prompt implementation 

of the needed reforms. 

In addition, I will establish an independent advisory committee to 

help keep me and the public of the United States informed of the progress 

of the NRC and the industry in achieving and in making clear the 

recommendations that nuclear power will be safer. 

Third, I'm transferring responsibility to the Federal Emergency 

Management Agency, the FEMA, to head up all off site emergency 

activities and to complete a thorough review of emergency plans in all 

the States of our country with operating nuclear reactors by June 1980. 

Fourth, I have directed the Nuclear Regulatory Commission and the 

other agencies of the Government to accelerate our program to place a 

resident Federal inspector at every reactor site. 

Fifth, I'm asking all relevant Government agencies to implement 

virtually all of the other recommendations of the Kemeny commission – I 

believe there were 44 in all. A detailed fact sheet is being issued to the 

public, and a more extended briefing will be given to the press this 

afternoon. 

With clear leadership and improved organization, the executive 

branch of Government and the NRC will be better able to act quickly on 

the crucial issues of improved training and standards, safety procedures, 

and the other Kemeny commission recommendations. But responsibility 

to make nuclear power safer does not stop with the Federal Government. 

In fact, the primary, day-by-day responsibility for safety rests with utility 

company management and with suppliers of nuclear equipment. There is 

no substitute for technically qualified and committed people working on 

the construction, the operation, and the inspection of nuclear 

powerplants. 

Personal responsibility must be stressed. Some one person must 

always be designated as in charge, both at the corporate level and also at 

the power plant site. The industry owes it to the American people to 

strengthen its commitment to safety. 

I call on the utilities to implement the following changes. First, 

building on the steps already taken, the industry must organize itself to 

develop enhanced standards for safe design, operation, and construction 

of plants. Second, the nuclear industry must work together to develop 

and to maintain in operation a comprehensive training, examination, and 

evaluation program for operators and for supervisors. This training 

program must pass muster with the NRC through accreditation of the 

training programs to be established. Third, control rooms in nuclear 

power plants must be modernized, standardized, and simplified as much 

as possible to permit better informed decision–making among regular 

operating hours and, of course, during emergencies. 

I challenge our utility companies to bend every effort to improve the 

safety of nuclear power. 

Finally, I would like to discuss how we manage this transition period 

during which the Kemeny recommendations are being implemented. 

There are a number of new nuclear plants now awaiting operating 

licenses or construction permits. Under law, the Nuclear Regulatory 
280 President’s Commission on the Accident at TMI

Commission is an independent agency. Licensing decisions rest with the 

Nuclear Regulatory Commission, and, as the Kemeny commission noted, 

it has the authority to proceed with licensing these plants on a case-bycase basis, which may be used as circumstances surrounding a plant or its 

application dictate. 

The NRC has indicated, however, that it will pause in issuing any 

new licenses and construction permits in order to devote its full attention 

to putting its own house in order and tightening up safety requirements. I 

endorse this approach which the NRC has adopted, but I urge the NRC to 

complete its work as quickly as possible and in no event later than 6 

months from today. Once we've instituted the necessary reforms to assure 

safety, we must resume the licensing process promptly so that the new 

plants we need to reduce our dependence on foreign oil can be built and 

operated.

The steps I'm announcing today will help to ensure that our safety has 

the safety of nuclear plants. Nuclear power does have a future in the 

United States. It's an option that we must keep open. I will join with the 

utilities and their suppliers, the Nuclear Regulatory Commission, the 

executive departments and agencies of the Federal Government, and also 

the State and local governments to assure that the future is a safe one. 

and now Dr. Frank Press, Stu Eizenstat, and John Deutch will be glad 

to answer your questions about these decisions and about nuclear power 

and the future of it in our country. Frank? 

NOTE: The President spoke at 2:45 p.m. in Room 450 of the Old 

Executive Office Building. 

Following the President's remarks, Frank Press, Director of the Office of 

Science and Technology Policy, Stuart E. Eizenstat, Assistant to the 

President for Domestic Affairs and Policy, and Under Secretary of 

Energy John .M. Deutch held a news conference on the announcements. 
Low-Level Radioactive Waste 281

5. Low-Level Radioactive Waste

Low-Level Radioactive Waste 283

5. Low-Level Radioactive Waste 

Contents

A. LOW-LEVEL RADIOACTIVE WASTE POLICY ACT OF 1985 

(TITLE 1), AS AMENDED...................................................................... 287

Title I–Low-Level Radioactive Waste Policy Amendments Act of 1985 .......... 287

Sec. 101. Short Title .............................................................................................. 287

Sec. 102. Amendment to the Low-Level Radioactive Waste Policy Act ........... 287

Sec. 1. Short Title ...................................................................................... 287

Sec. 2. Definitions ...................................................................................... 287

Sec. 3. Responsibilities for Disposal of Low-Level Radioactive Waste . 288

Sec. 4. Regional Compacts for Disposal of Low-Level Radioactive 

Waste.......................................................................................................... 290

Sec. 5. Limited Availability of Certain Regional Disposal Facilities 

During Transition and Licensing Periods............................................... 291

Sec. 6. Emergency Access ......................................................................... 300

Sec. 7. Responsibilities of the Department of Energy............................. 302

Sec. 8. Alternative Disposal Methods....................................................... 303

Sec. 9. Licensing Review and Approval................................................... 303

Sec. 10. Radioactive Waste Below Regulatory Concern ........................ 304

B. LOW-LEVEL RADIOACTIVE WASTE POLICY 

AMENDMENTS ACT OF 1985 (TITLE II, INCLUDES: NW, 

CENTRAL, SE, CENTRAL MIDWEST, MW, ROCKY 

MOUNTAIN, NE INTERSTATE COMPACTS)................................... 304

Title II–Omnibus Low-Level Radioactive Waste Interstate Compact 

Consent Act........................................................................................................ 304

Sec. 201. Short Title .................................................................................. 304

Subtitle A–General Provisions............................................................................. 304

Sec. 211. Congressional Finding............................................................... 304

Sec. 212. Conditions of Consent to Compacts......................................... 304

Sec. 213. Congressional Review................................................................ 305

Subtitle B–Congressional Consent to Compacts................................................. 305

Sec. 221. Northwest Interstate Compact on Low-Level Radioactive 

Waste Management................................................................................... 305

Northwest Interstate Compact on Low-Level Radioactive Waste 

Management............................................................................................ 305

Article I–Policy and Purpose.................................................................... 305

Article II–Definitions................................................................................ 305

Article III–Regulatory Practices.............................................................. 306

Article IV–Regional Facilities.................................................................. 306

Article V–Northwest Low–Level Waste Compact Committee.............. 307

Article VI–Eligible Parties and Effective Date ....................................... 308

Article VII–Severability............................................................................ 308

Sec. 222. Central Interstate Low-Level Radioactive Waste Compact .. 308

Central Interstate Low-Level Radioactive Waste Compact.............................. 308

Article I–Policy and Purpose.................................................................... 308

Article II–Definitions................................................................................ 309

Article III–Rights and Obligations.......................................................... 310

Article IV–The Commission..................................................................... 310
284 Low-Level Radioactive Waste

Article V–Development and Operation of Regional Facilities .............. 313

Article VI–Other Laws and Regulations................................................. 314

Article VII–Eligible Parties, Withdrawal, Revocation, Entry Into 

Force, Termination ................................................................................... 314

Article VIII–Penalties............................................................................... 315

Article IX–Severability and Construction............................................... 315

Sec. 223. Southeast Interstate Low-Level Radioactive Waste 

Management Compact.............................................................................. 316

Southeast Interstate Low-Level Radioactive Waste Management Compact... 316

Article I–Policy and Purpose.................................................................... 316

Article II–Definitions................................................................................ 317

Article III–Rights and Obligations.......................................................... 318

Article IV–The Commission..................................................................... 319

Article V–Development and Operation of Facilities .............................. 322

Article VI–Other Laws and Regulations................................................. 322

Article VII–Eligible Parties; Withdrawal; Revocation; Entry Into 

Force; Termination ................................................................................... 323

Article VIII–Penalties............................................................................... 325

Article IX–Severability and Construction............................................... 325

Sec. 224. Central Midwest Interstate Low-Level Radioactive Waste 

Compact..................................................................................................... 325

Central Midwest Interstate Low-Level Radioactive Waste Compact .............. 325

Article I–Policy and Purpose.................................................................... 325

Article II–Definitions................................................................................ 326

Article III–The Commission..................................................................... 328

Article IV–Regional Management Plan................................................... 332

Article V–Rights and Obligations of Party States.................................. 332

Article VI–Development and Operation of Facilities............................. 333

Article VII–Other Laws and Regulations............................................... 336

Article VIII–Eligible Parties, Withdrawal, Revocation, Entry into 

Force, Termination ................................................................................... 337

Article IX–Penalties.................................................................................. 338

Article X–Severability and Construction ................................................ 339

Sec. 225. Midwest Interstate Low-Level Radio Active Waste 

Management Compact.............................................................................. 339

Midwest Interstate Low-Level Radio Active Waste Management Compact ... 339

Article I–Policy and Purpose.................................................................... 339

Article II–Definitions................................................................................ 340

Article III–The Commission..................................................................... 341

Article IV–Regional Management Plan................................................... 344

Article V–Rights and Obligations of Party States.................................. 344

Article VI–Development and Operation of Facilities............................. 345

Article VII–Other Laws and Regulations............................................... 346

Article VIII–Eligible Parties, Withdrawal, Revocation, Entry into 

Force, Termination ................................................................................... 347

Article IX–Penalties.................................................................................. 348

Article X–Severability and Construction ................................................ 348

Sec. 226. Rocky Mountain Low-Level Radioactive Waste Compact .... 349

Rocky Mountain Low-Level Radioactive Waste Compact................................ 349

Article I–Findings and Purpose ............................................................... 349

Article II–Definitions................................................................................ 349
Low-Level Radioactive Waste 285

Article III–Rights, Responsibilities, and Obligations............................. 350

Article IV–Board Approval of Regional Facilities................................. 351

Article V–Surcharges................................................................................ 352

Article VI–The Board ............................................................................... 352

Article VII–Prohibited Acts and Penalties.............................................. 354

Article VIII–Eligibility, Entry Into Effect, Congressional Consent, 

Withdrawal, Exclusion ............................................................................. 355

Article IX–Construction and Severability............................................... 356

Sec. 227. Northeast Interstate Low-Level Radioactive Waste 

Management Compact.............................................................................. 356

Northeast Interstate Low-Level Radioactive Waste Management Compact... 356

Article I–Policy and Purpose.................................................................... 356

Article II–Definitions................................................................................ 357

Article III–Rights and Obligations.......................................................... 358

Article IV–The Commission..................................................................... 360

Article V–Host State Selection and Development and Operation of 

Regional Facilities ..................................................................................... 364

Article VI–Other Laws and Regulations................................................. 366

Article VII–Eligible Parties, Withdrawal, Revocation, Entry Into 

Force, Termination ................................................................................... 367

Article VIII–Penalties............................................................................... 369

Article IX–Compensation Provisions ...................................................... 370

Article X–Severability and Construction ................................................ 370

C. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE 

WASTE COMPACT CONSENT ACT................................................... 372

Sec. 1. Short Title ...................................................................................... 372

Sec. 2. Congressional Finding................................................................... 372

Sec. 3. Conditions of Consent to Compact .............................................. 372

Sec. 4. Congressional Review ................................................................... 372

Sec. 5. Appalachian States Low-Level Radioactive Waste Compact.... 372

Appalachian States Low-Level Radioactive Waste Compact............................ 372

Preamble .................................................................................................... 372

Article I–Definitions.................................................................................. 373

Article III–Rights, Responsibilities, and Obligations of Party States... 378

Article IV–Prohibited Acts and Penalties ............................................... 381

Article V–Eligibility, Entry Into Effect, Congressional Consent, 

Withdrawal................................................................................................ 382

Article VI–Construction and Severability............................................... 382

D. SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE 

DISPOSAL COMPACT CONSENT ACT ............................................. 384

Sec. 1. Short Title ...................................................................................... 384

Sec. 2. Congressional Finding................................................................... 384

Sec. 3. Conditions of Consent to Compact .............................................. 384

Sec. 4. Congressional Review ................................................................... 384

Sec. 5. Southwestern Low-Level Radioactive Waste Compact.............. 384

Article I–Compact Policy and Formation ............................................... 384

Article II–Definitions................................................................................ 385

Article III–The Commission..................................................................... 386

Article IV–Rights, Responsibilities, and Obligations of Party States... 390

Article V–Approval of Regional Facilities .............................................. 392
286 Low-Level Radioactive Waste

Article VI–Prohibited Acts and Penalties ............................................... 392

Article VII–Eligibility, Entry into Effect, Congressional Consent, 

Withdrawal, Exclusion ............................................................................. 392

Article VIII–Construction and Severability ........................................... 393

E. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL 

COMPACT CONSENT ACT .................................................................. 394

Sec. 1. Short Title ...................................................................................... 394

Sec. 2. Congressional Finding................................................................... 394

Sec. 3. Conditions of Consent to Compact .............................................. 394

Sec. 4. Congressional Review ................................................................... 394

Sec. 5. Texas Low-Level Radioactive Waste Compact........................... 394

Article I. Policy and Purpose.................................................................... 394

Article II. Definitions................................................................................ 395

Article III. The Commission..................................................................... 396

Article IV. Rights, Responsibilities, and Obligations of Party .............. 398

Article V. Party State Contributions....................................................... 400

Article VI. Prohibited Acts and Penalties ............................................... 400

Article VII. Eligibility, Entry into Effect; Congressional Consent; 

Withdrawal; Exclusion ............................................................................. 400

Article VIII. Construction and Severability ........................................... 402
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 287

A. LOW-LEVEL RADIOACTIVE WASTE POLICY ACT 

OF 1985 (TITLE 1), AS AMENDED

Public Law 99–240 99 Stat. 1842

January 15, 1986

An Act

To amend the Low-Level Radioactive Waste Policy Act to improve 

procedures for the implementation of compacts providing for the 

establishment and operation of regional disposal facilities for lowlevel radioactive waste; to grant the consent of the Congress to certain 

interstate compacts on low-level radioactive waste; and for other 

purposes.1

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled,

Title I–Low-Level Radioactive Waste Policy Amendments Act of

1985

Sec. 101. Short Title

This title may be cited as the "Low-Level Radioactive Waste Policy 

Amendments Act of 1985."

Sec. 102. Amendment to the Low-Level Radioactive Waste Policy 

Act

The Low-Level Radioactive Waste Policy Act (42 USC 2021b et 

seq.) is amended by striking out sections 1, 2, 3, and 4 and inserting in 

lieu thereof the following:

Sec. 1. Short Title

This Act may be cited as the "Low-Level Radioactive Waste Policy 

Act."

Sec. 2. Definitions

For purposes of this Act:

(1) Agreement State.–The term "agreement State" means a State 

that–

(A) has entered into an agreement with the Nuclear Regulatory 

Commission under section 274 of the Atomic Energy Act of 1954 

(42 USC 2021); and

(B) has authority to regulate the disposal of low-level 

radioactive waste under such agreement.

(2) Allocation.–The term "allocation" means the assignment of a 

specific amount of low-level radioactive waste disposal capacity to a 

commercial nuclear power reactor for which access is required to be 

provided by sited States subject to the conditions specified under this 

Act.

(3) Commercial Nuclear Power Reactor.–The term "commercial 

nuclear power reactor" means any unit of a civilian light-water 

moderated utilization facility required to be licensed under section 

––––––––

1 P.L. 96–573, 94 Stat. 3347 (1980), “Low–Level Radioactive Waste Policy Act of 

1980,” was completely amended by P.L. 99–240. 

Low-Level 

Radioactive 

Waste Policy 

Amendments 

Act of 1985.

State and local 

governments.

42 USC 2021b 

note.

42 USC 2021b2021d.

42 USC 2021b 

note.

42 USC 2021b 

note.

42 USC 2021b.
288 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

103 or 104b. of the Atomic Energy Act of 1954 (42 USC 2133 or 

2134(b)).

(4) Compact.–The term "compact" means a compact entered into 

by two or more States pursuant to this Act.

(5) Compact Commission.–The term "compact commission" 

means the regional commission, committee, or board established in a 

compact to administer such compact.

(6) Compact Region.–The term "compact region" means the area 

consisting of all States that are members of a compact.

(7) Disposal.–The term "disposal" means the permanent isolation 

of low-level radioactive waste pursuant to the requirements 

established by the Nuclear Regulatory Commission under applicable 

laws, or by an agreement State if such isolation occurs in such 

agreement State.

(8) Generate.–The term "generate", when used in relation to lowlevel radioactive waste, means to produce low-level radioactive 

waste.

(9) Low-level Radioactive Waste.–

(A) IN GENERAL–The term "low-level radioactive waste" 

means radioactive material that–

(i) is not high-level radioactive waste, spent nuclear fuel, 

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

Atomic Energy Act of 1954 (42 USC 2014(e)(2))); and

(ii) the Nuclear Regulatory Commission, consistent with 

existing law and in accordance with paragraph (A), classifies 

as low-level radioactive waste.

(B) EXCLUSION–The term ‛low-level radioactive waste‛ 

does not include byproduct material (as defined in paragraphs (3) 

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

USC 2014(e)).2

(10) Non-sited Compact Region.–The term "non-sited compact 

region" means any compact region that is not a sited compact region.

(11) Regional Disposal Facility.–The term "regional disposal 

facility" means a non-Federal low-level radioactive waste disposal 

facility in operation on January 1, 1985, or subsequently established 

and operated under a compact.

(12) Secretary.–The term "Secretary" means the Secretary of 

Energy.

(13) Sited Compact Region.–

The term "sited compact region" means a compact region in which

there is located one of the regional disposal facilities at Barnwell, in the 

State of South Carolina; Richland, in the State of Washington; or Beatty, 

in the State of Nevada.

(14) State.–The term "State" means any State of the United States, 

the District of Columbia, and the Commonwealth of Puerto Rico.

Sec. 3. Responsibilities for Disposal of Low-Level Radioactive Waste

Section 3(a)(1) State Responsibilities.–Each State shall be 

responsible for providing, either by itself or in cooperation with other 

States, for the disposal of–

––––––––

2 Amended by P.L. 109–58, Title VI, § 651(e)(3)(B), 119 Stat. 808 (2005). 

NOTE: For other requirements of P.L. 109–58, Title VI, § 651e., 119 Stat. 808 (2005), 

relating to the addition of paragraphs (3) and (4) to section 11e of the Atomic Energy Act of 

1954, see footnote 8 of the Atomic Energy Act of 1954, as set forth in this NUREG.

Nevada.

South Carolina.

Washington.

42 USC 2021c.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 289

(A) low-level radioactive waste generated within the State 

(other than by the Federal Government) that consists of or 

contains class A, B, or C radioactive waste as defined by section 

61.55 of title 10, Code of Federal Regulations, as in effect on 

January 26, 1983;

(B) low-level radioactive waste described in subparagraph (A) 

that is generated by the Federal Government except such waste 

that is–

(i) owned or generated by the Department of Energy;

(ii) owned or generated by the United States Navy as a 

result of the decommissioning of vessels of the United States 

Navy; or

(iii) owned or generated as a result of any research, 

development, testing, or production of any atomic weapon; 

and

(C) low-level radioactive waste described in subparagraphs 

(A) and (B) that is generated outside of the State and accepted for 

disposal in accordance with section 5 or 6.

(2) No regional disposal facility may be required to accept for 

disposal any material–

(A) that is not low-level radioactive waste as defined by 

section 61.55 of title 10, Code of Federal Regulations, as in effect 

on January 26, 1983, or

(B) identified under the Formerly Utilized Sites Remedial 

Action Program.

Nothing in this paragraph shall be deemed to prohibit a State, subject 

to the provisions of its compact, or a compact region from accepting for 

disposal any material identified in subparagraph (A) or (B).

(b)(1) The Federal Government shall be responsible for the disposal 

of–

(A) low-level radioactive waste owned or generated by the 

Department of Energy;

(B) low-level radioactive waste owned or generated by the 

United States Navy as a result of the decommissioning of vessels 

of the United States Navy;

(C) low-level radioactive waste owned or generated by the 

Federal Government as a result of any research, development, 

testing, or production of any atomic weapon; and

(D) any other low-level radioactive waste with concentrations 

of radionuclides that exceed the limits established by the 

Commission for class C radioactive waste, as defined by section 

61.55 of title 10, Code of Federal Regulations, as in effect on 

January 26, 1983.

(2) All radioactive waste designated a Federal responsibility 

pursuant to subparagraph (b)(1)(D) that results from activities 

licensed by the Nuclear Regulatory Commission under the Atomic 

Energy Act of 1954, as amended, shall be disposed of in a facility 

licensed by the Nuclear Regulatory Commission that the Commission 

determines is adequate to protect the public health and safety.

(3) Not later than 12 months after the date of enactment of this 

Act, the Secretary shall submit to the Congress a comprehensive 

report setting forth the recommendations of the Secretary for ensuring 

the safe disposal of all radioactive waste designated a Federal 

responsibility pursuant to subparagraph (b)(1)(D). Such report shall 

include–

Vessels.

Research and 

development.

Vessels.

Health.

Research and 

development.

42 USC 2011 

note.

Safety.

Report.
290 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

(A) an identification of the radioactive waste involved, 

including the source of such waste, and the volume, 

concentration, and other relevant characteristics of such waste;

(B) an identification of the Federal and non-Federal options 

for disposal of such radioactive waste;

(C) a description of the actions proposed to ensure the safe 

disposal of such radioactive waste;

(D) a description of the projected costs of undertaking such 

actions;

(E) an identification of the options for ensuring that the 

beneficiaries of the activities resulting in the generation of such 

radioactive wastes bear all reasonable costs of disposing of such 

wastes; and

(F) an identification of any statutory authority required for 

disposal of such waste.

(4) The Secretary may not dispose of any radioactive waste 

designated a Federal responsibility pursuant to paragraph (b)(1)(D) 

that becomes a Federal responsibility for the first time pursuant to 

such paragraph until ninety days after the report prepared pursuant to 

paragraph (3) has been submitted to the Congress.

Sec. 4. Regional Compacts for Disposal of Low-Level Radioactive 

Waste

(a) In General–

(1) Federal Policy.–It is the policy of the Federal Government that 

the responsibilities of the States under section 3 for the disposal of 

low-level radioactive waste can be most safely and effectively 

managed on a regional basis.

(2) Interstate Compacts.–To carry out the policy set forth in 

paragraph (1), the States may enter into such compacts as may be 

necessary to provide for the establishment and operation of regional 

disposal facilities for low-level radioactive waste.

(b) Applicability To Federal Activities.–

(1) In General.–

(A) Activities of The Secretary.–Except as provided in 

subparagraph (B), no compact or act taken under a compact shall 

be applicable to the transportation, management, or disposal of 

any low-level radioactive waste designated in section 3(a)(1)(B) 

(i)-(iii).

(B) Federal Low-level Radioactive Waste Disposed of At 

Non-federal Facilities.–Low-level radioactive waste owned or 

generated by the Federal Government that is disposed of at a 

regional disposal facility or non-Federal disposal facility within a 

State that is not a member of a compact shall be subject to the 

same conditions, regulations, requirements, fees, taxes, and 

surcharges imposed by the compact commission, and by the State 

in which such facility is located, in the same manner and to the 

same extent as any low-level radioactive waste not generated by 

the Federal Government.

(2) Federal Low-level Radioactive Waste Disposal Facilities.–

Any low-level radioactive waste disposal facility established or 

operated exclusively for the disposal of low-level radioactive waste 

owned or generated by the Federal Government shall not be subject to 

any compact or any action taken under a compact.

Prohibition.

Report.

42 USC 2021d.

Prohibition.

Prohibition.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 291

(3) Effect of Compacts On Federal Law.–Nothing contained in 

this Act or any compact may be construed to confer any new 

authority on any compact commission or State–

(A) to regulate the packaging, generation, treatment, storage, 

disposal, or transportation of low-level radioactive waste in a 

manner incompatible with the regulations of the Nuclear 

Regulatory Commission or inconsistent with the regulations of the 

Department of Transportation;

(B) to regulate health, safety, or environmental hazards from 

source material, byproduct material, or special nuclear material;

(C) to inspect the facilities of licensees of the Nuclear 

Regulatory Commission;

(D) to inspect security areas or operations at the site of the 

generation of any low-level radioactive waste by the Federal 

Government, or to inspect classified information related to such 

areas or operations; or

(E) to require indemnification pursuant to the provisions of 

chapter 171 of title 28, United States Code (commonly referred to 

as the Federal Tort Claims Act), or section 170 of the Atomic 

Energy Act of 1954 (42 USC 2210) (commonly referred to as the 

Price-Anderson Act), whichever is applicable.

(4) Federal Authority.–Except as expressly provided in this Act, 

nothing contained in this Act or any compact may be construed to 

limit the applicability of any Federal law or to diminish or otherwise 

impair the jurisdiction of any Federal agency, or to alter, amend, or 

otherwise affect any Federal law governing the judicial review of any 

action taken pursuant to any compact.

(5) State Authority Preserved.–

Except as expressly provided in this Act, nothing contained in this 

Act expands, diminishes, or otherwise affects State law.

(c) Restricted Use of Regional Disposal Facilities.–Any authority in a 

compact to restrict the use of the regional disposal facilities under the 

compact to the disposal of low-level radioactive waste generated within 

the compact region shall not take effect before each of the following 

occurs:

(1) January 1, 1986; and

(2) the Congress by law consents to the compact.

(d) Congressional Review.–Each compact shall provide that every 5 

years after the compact has taken effect the Congress may by law 

withdraw its consent.

Sec. 5. Limited Availability of Certain Regional Disposal Facilities 

During Transition and Licensing Periods

(a) Availability of Disposal Capacity.–

(1) Pressurized Water and Boiling Water Reactors.–During the 

seven-year period beginning January 1, 1986, and ending December 

31, 1992, subject to the provisions of subsections (b) through (g), 

each State in which there is located a regional disposal facility 

referred to in paragraphs (1) through (3) of subsection (b) shall make 

disposal capacity available for low-level radioactive waste generated 

by pressurized water and boiling water commercial nuclear power 

reactors in accordance with the allocations established in subsection 

(c).

(2) Other Sources of Low-level Radioactive Waste.–During the 

seven-year period beginning January 1, 1986 and ending December 

31, 1992, subject to the provisions of subsections (b) through (g), 

Prohibition.

Regulations.

Transportation.

Health.

Pollution.

Safety.

Government 

organization 

and employees.

28 USC 2671 

et seq.

Prohibition.

Prohibition.

Prohibition.

42 USC 2021e.
292 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

each State in which there is located a regional disposal facility 

referred to in paragraphs (1) through (3) of subsection (b) shall make 

disposal capacity available for low-level radioactive waste generated 

by any source not referred to in paragraph (1).

(3) Allocation of Disposal Capacity.–

(A) During the seven-year period beginning January 1, 1986 

and ending December 31, 1992, low-level radioactive waste 

generated within a sited compact region shall be accorded priority 

under this section in the allocation of available disposal capacity 

at a regional disposal facility referred to in paragraphs (1) through 

(3) of subsection (b) and located in the sited compact region in 

which such waste is generated.

(B) Any State in which a regional disposal facility referred to 

in paragraphs (1) through (3) of subsection (b) is located may, 

subject to the provisions of its compact, prohibit the disposal at 

such facility of low-level radioactive waste generated outside of 

the compact region if the disposal of such waste in any given 

calendar year, together with all other low-level radioactive waste 

would result in that facility disposing of a total annual volume of 

low-level radioactive waste in excess of 100 per centum of the 

average annual volume for such facility designated in sub-section 

(b): Provided, however, That in the event that all three States in 

which regional disposal facilities referred to in paragraphs (1) 

through (3) of subsection (b) act to prohibit the disposal of lowlevel radioactive waste pursuant to this subparagraph, each such 

State shall, in accordance with any applicable procedures of its 

compact, permit, as necessary, the disposal of additional 

quantities of such waste in increments of 10 per centum of the 

average annual volume for each such facility designated in 

subsection (b).

(C) Nothing in this paragraph shall require any disposal 

facility or State referred to in paragraphs (1) through (3) of 

subsection (b) to accept for disposal low-level radioactive waste 

in excess of the total amounts designated in subsection (b).

(4) Cessation of Operation of Low-level Radioactive Waste 

Disposal Facility.–No provision of this section shall be construed to 

obligate any State referred to in paragraphs (1) through (3) of 

subsection (b) to accept low-level radioactive waste from any source 

in the event that the regional disposal facility located in such State 

ceases operations.

(b) Limitations.–The availability of disposal capacity for low-level 

radioactive waste from any source shall be subject to the following 

limitations:

(1) Barnwell, South Carolina.–The State of South Carolina, in 

accordance with the provisions of its compact, may limit the volume 

of low-level radioactive waste accepted for disposal at the regional 

disposal facility located in Barnwell, South Carolina to a total of 

8,400,000 cubic feet of low-level radioactive waste during the 7-year 

period beginning January 1, 1986 and ending December 31, 1992 (as 

based on an average annual volume of 1,200,000 cubic feet of lowlevel radioactive waste).

(2) Richland, Washington.–The State of Washington, in 

accordance with the provisions of its compact, may limit the volume 

of low-level radioactive waste accepted for disposal at the regional 

disposal facility located at Richland, Washington to a total of 

Prohibition.

Prohibition.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 293

9,800,000 cubic feet of low-level radioactive waste during the 7-year 

period beginning January 1, 1986, and ending December 31, 1992 (as 

based on an average annual volume of 1,400,000 cubic feet of lowlevel radioactive waste).

(3) Beatty, Nevada.–The State of Nevada, in accordance with the 

provisions of its compact, may limit the volume of low-level 

radioactive waste accepted for disposal a the regional disposal facility 

located at Beatty, Nevada to a total of 1,400,000 cubic feet of lowlevel radioactive waste during the 7-year period beginning January 1, 

1986, and ending December 31, 1992 (as based on an average annual 

volume of 200,000 cubic feet of low-level radioactive waste).

(c) Commercial Nuclear Power Reactor Allocations.–

(1) Amount.–Subject to the provisions of subsections (a) through 

(g) each commercial nuclear power reactor shall upon request receive 

an allocation of low-level radioactive waste disposal capacity (in 

cubic feet) at the facilities referred to in subsection (b) during the 4-

year transition period beginning January 1, 1986 and ending 

December 31, 1989, and during the 3-year licensing period beginning 

January 1, 1990, and ending December 31, 1992, in an amount 

calculated by multiplying the appropriate number from the following 

table by the number of months remaining in the applicable period as 

determined under paragraph (2).

Reactor 

Type

4-year Licensing Period 3-year Licensing Period

In Sited

Region

All Other

Locations

In Sited

Region

All Other 

Locations

PWR 1027 871 934 685

BWR 2300 1951 2091 1533

(2) Method of Calculation.–For purposes of calculating the 

aggregate amount of disposal capacity available to a commercial 

nuclear power reactor under this subsection, the number of months 

shall be computed beginning with the first month of the applicable 

period, or the sixteenth month after receipt of a full power operating 

license, whichever occurs later.

(3) Unused Allocations.–Any unused allocation under paragraph 

(1) received by a reactor during the transition period or the licensing 

period may be used at any time after such reactor receives its full 

power license or after the beginning of the pertinent period, 

whichever is later, but not in any event after December 31, 1992, or 

after commencement of operation of a regional disposal facility in the 

compact region or State in which such reactor is located, whichever 

occurs first.

(4) Transferability.–Any commercial nuclear power reactor in a 

State or compact region that is in compliance with the requirements 

of subsection (e) may assign any disposal capacity allocated to it 

under this subsection to any other person in each State or compact 

region. Such assignment may be for valuable consideration and shall 

be in writing, copies of which shall be filed at the affected compact 

commissions and States, along with the assignor’s unconditional 

written waiver of the disposal capacity being assigned.

(5) Unusual Volumes.–
294 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

(A) The Secretary may, upon petition by the owner or operator 

of any commercial nuclear power reactor, allocate to such reactor 

disposal capacity in excess of the amount calculated under 

paragraph (1) if the Secretary finds and states in writing his 

reasons for so finding that making additional capacity available 

for such reactor through this paragraph is required to permit 

unusual or unexpected operating, maintenance, repair or safety 

activities.

(B) The Secretary may not make allocations pursuant to 

subparagraph (A) that would result in the acceptance for disposal 

of more than 800,000 cubic feet of low-level radioactive waste or 

would result in the total of the allocations made pursuant to this 

subsection exceeding 11,900,000 cubic feet over the entire sevenyear interim access period.

(6) Limitation.–During the seven-year interim access period 

referred to in subsection (a), the disposal facilities referred to in 

subsection (b) shall not be required to accept more than 11,900,000 

cubic feet of low-level radioactive waste generated by commercial 

nuclear power reactors.

(d)(1) Surcharges.–The disposal of any low-level radioactive waste 

under this section (other than low-level radioactive waste generated in a 

sited compact region) may be charged a surcharge by the State in which 

the applicable regional disposal facility is located, addition to the fees 

and surcharges generally applicable for disposal of low-level radioactive 

waste in the regional disposal facility involved. Except as provided in 

sub-section (e)(2), such surcharges shall not exceed–

(A) in 1986 and 1987, $10 per cubic foot of low-level 

radioactive waste;

(B) in 1988 and 1989, $20 per cubic foot of low-level 

radioactive waste; and

(C) in 1990, 1991, and 1992, $40 per cubic foot of low-level 

radioactive waste.

(2) Milestone Incentives.–

(A) Escrow Account.–Twenty-five per centum of all surcharge 

fees received by a State pursuant to paragraph (1) during the 

seven-year period referred to in subsection (a) shall be transferred 

on a monthly basis to an escrow account held by the Secretary. 

The Secretary shall deposit all funds received in a special escrow 

account. The funds so deposited shall not be the property of the 

United States. The Secretary shall act as trustee for such funds 

and shall invest them in interest-bearing United States 

Government Securities with the highest available yield. Such 

funds shall be held by the Secretary until–

(i) paid or repaid in accordance with subparagraph (B) or 

(C); or

(ii) paid to the State collecting such fees in accordance 

with subparagraph (F).

(B) Payments.–

(i) July 1, 1986.–The twenty-five per centum of any 

amount collected by a State under paragraph (1) for low-level 

radioactive waste disposed of under this section during the 

period beginning on the date of enactment of the Low-Level 

Radioactive Waste Policy Amendments Act of 1985 and 

ending June 30, 1986, and transferred to the Secretary under 

subparagraph (A), shall be paid by the Secretary in accordance 

Prohibition.

Prohibition.

Prohibition.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 295

with subparagraph (D) if the milestone described in subsection (e)(1)(A) is met by the State in which such waste 

originated.

(ii) January 1, 1988.–The twenty-five per centum of any 

amount collected by a State under paragraph (1) for low-level 

radioactive waste disposed of under this section during the 

period beginning July 1, 1986 and ending December 31, 1987, 

and transferred to the Secretary under subparagraph (A), shall 

be paid by the Secretary in accordance with subparagraph (D) 

if the milestone described in subsection (e)(1)(B) is met by the 

state in which such waste originated (or its compact region, 

where applicable). 

(iii) January 1, 1990.–The twenty-five per centum of any 

amount collected by a State under paragraph (1) for low-level 

radioactive waste disposed of under this section during the 

period beginning January 1, 1988 and ending December 31, 

1989, and transferred to the Secretary under subparagraph (A), 

shall be paid by the Secretary in accordance with 

subparagraph (D) if the milestone described in subsection 

(e)(1)(C) is met by the State in which such waste originated 

(or its compact region, where applicable).

(iv) The twenty-five per centum of any amount collected 

by a State under paragraph (1) for low-level radioactive waste 

disposed of under this section during the period beginning 

January 1, 1990 and ending December 31, 1992, and 

transferred to the Secretary under subparagraph (A), shall be 

paid by the Secretary in accordance with subparagraph (D) if, 

by January 1, 1993, the State in which such waste originated 

(or its compact region, where applicable) is able to provide for 

the disposal of all low-level radioactive waste generated 

within such State or compact region.

(C) Failure To Meet January 1, 1993 Deadline.–If, by January 

1, 1993, a State (or, where applicable, a compact region) in which 

low-level radioactive waste is generated is unable to provide for 

the disposal of all such waste generated within such State or 

compact region–

(i) each State in which such waste is generated, upon the 

request of the generator or owner of the waste, shall take title 

to the waste, shall be obligated to take possession of the waste, 

and shall be liable for all damages directly or indirectly 

incurred by such generator or owner as a consequence of the 

failure of the State to take possession of the waste as soon 

after January 1, 1993 as the generator or owner notifies the 

State that the waste is available for shipment; or3

(ii) if such State elects not to take title to, take possession 

of, and assume liability for such waste, pursuant to clause (i), 

twenty-five per centum of any amount collected by a State 

under paragraph (1) for low-level radioactive waste disposed 

of under this section during the period beginning January 1, 

1990 and ending December 31, 1992 shall be repaid, with 

interest, to each generator from whom such surcharge was 

––––––––

3 The United States Supreme Court struck down this provision, because it was 

unconditional (N.Y. vs. United States 112 S. Ct. 2408 (June 19, 1992)).
296 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

collected. Repayments made pursuant to this clause shall be 

made on a monthly basis, with the first such repayment 

beginning on February 1, 1993, in an amount equal to one 

thirty-sixth of the total amount required to be repaid pursuant 

to this clause, and shall continue until the State (or, where 

applicable, compact region) in which such low-level 

radioactive waste in generated is able to provide for the 

disposal of all such waste generated within such State or 

compact region or until January 1, 1996, whichever is earlier.

If a State in which low-level radioactive waste is generated elects to take 

title to, take possession of, and assume liability for such waste pursuant 

to clause (i), such State shall be paid such amounts as are designated in 

subparagraph (B)(iv). If a State (or, where applicable, a compact region) 

in which low-level radioactive waste is generated provides for the 

disposal of such waste at any time after January 1, 1993 and prior to 

January 1, 1996, such State (or, where applicable, compact region) shall 

be paid in accordance with subparagraph (D) a lump sum amount equal 

to twenty-five per centum of any amount collected by a State under 

paragraph (1): Provided, however, That such payment shall be adjusted 

to reflect the remaining number of months between January 1, 1993 and 

January 1, 1996 for which such State (or, where applicable, compact 

region) provides for the disposal of such waste. If a State (or, where 

applicable, a compact region) in which low-level radioactive waste is 

generated is unable to provide for the disposal of all such waste 

generated within such State or compact region by January 1, 1996, each 

State in which such waste is generated, upon the request of the generator 

or owner of the waste shall take title to the waste, be obligated to take 

possession of the waste, and shall be liable for all damages directly or 

indirectly incurred by such generator or owner as a consequence of the 

failure of the State to take possession of the waste as soon after January 

1, 1996, as the generator or owner notifies the State that the waste is 

available for shipment.

(D) Recipients of Payments.–The payments described in 

subparagraphs (B) and (C) shall be paid within thirty days after 

the applicable date–

(i) if the State in which such waste originated is not a 

member of a compact region, to such State;

(ii) if the State in which such waste originated is a member 

of the compact region, to the compact commission serving 

such State.

(E) Uses of Payments.–

(i) Limitations.–Any amount paid under subparagraphs (B) 

or (C) may only be used to–

(I) establish low-level radioactive waste disposal 

facilities;

(II) mitigate the impact of low-level radioactive waste 

disposal facilities on the host State;

(III) regulate low-level radioactive waste disposal 

facilities; or

(IV) ensure the decommissioning, closure, and care 

during the period of institutional control of low-level 

radioactive waste disposal facilities.

(ii) Reports.–

(I) Recipient.–Any State or compact commission 

receiving a payment under subparagraphs (B) or (C) shall, 

Reports.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 297

on December 31 of each year in which any such funds are 

expended, submit a report to the Department of Energy 

itemizing any such expenditures.

(II) Department of Energy.–Not later than six months 

after receiving the reports under subclause (I), the 

Secretary shall submit to the Congress a summary of all 

such reports that shall include an assessment of the 

compliance of each such State or compact commission 

with the requirements of clause (i).

(F) Payment To States.–Any amount collected by a State 

under paragraph (1) that is placed in escrow under subparagraph 

(A) and not paid to a State or compact commission under 

subparagraphs (B) and (C) or not repaid to a generator under 

subparagraph (C) shall be paid from such escrow account to such 

State collecting such payment under paragraph (1). Such payment 

shall be made not later than 30 days after a determination of 

ineligibility for a refund is made.

(G) Penalty Surcharges.–No rebate shall be made under this 

subsection of any surcharge or penalty surcharge paid during a 

period of noncompliance with subsection (e)(1).

(e) Requirements For Access To Regional Disposal Facilities.–

(1) Requirements For Non-sited Compact Regions and Nonmember States.–Each non-sited compact region, or State that is not a 

member of a compact region that does not have an operating disposal 

facility, shall comply with the following requirements:

(A) By July 1, 1986, each such non-member State shall ratify 

compact legislation or, by the enactment of legislation or the 

certification of the Governor, indicate its intent to develop a site 

for the location of a low-level radioactive waste disposal facility 

within such State.

(B) By January 1, 1988.–

(i) each non-sited compact region shall identify the State in 

which its low-level radioactive waste disposal facility is to be 

located, or shall have selected the developer for such facility 

and the site to be developed, and each compact region or the 

State in which its low-level radioactive waste disposal facility 

is to be located shall develop a siting plan for such facility 

providing detailed procedures and a schedule for establishing 

a facility location and preparing a facility license application 

and shall delegate authority to implement such plan;

(ii) each non-member State shall develop a siting plan 

providing detailed procedures and a schedule for establishing 

a facility location and preparing a facility license application 

for a low-level radioactive waste disposal facility and shall 

delegate authority to implement such plan; and

(iii) The siting plan required pursuant to this paragraph 

shall include a description of the optimum way to attain 

operation of the low-level radioactive waste disposal facility 

involved, within the time period specified in this Act. Such 

plan shall include a description of the objectives and a 

sequence of deadlines for all entities required to take action to 

implement such plan, including, to the extent practicable, an 

identification of the activities in which a delay in the start, or 

completion, of such activities will cause a delay in beginning 

facility operation. Such plan shall also identify, to the extent 

Prohibition.
298 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

practicable, the process for (1) screening for broad siting 

areas; (2) identifying and evaluating specific candidate sites; 

and (3) characterizing the preferred site(s), completing all 

necessary environmental assessments, and preparing a license 

application for submission to the Nuclear Regulatory 

Commission or an Agreement State.

(C) By January 1, 1990.–

(i) a complete application (as determined by the Nuclear 

Regulatory Commission or the appropriate agency of an 

agreement State) shall be filed for a license to operate a lowlevel radioactive waste disposal facility within each non-sited 

compact region or within each non-member State; or

(ii) the Governor (or, for any State without a Governor, the 

chief executive officer) of any State that is not a member of a 

compact region in compliance with clause (i), or has not 

complied with such clause by its own actions, shall provide a 

written certification to the Nuclear Regulatory Commission, 

that such State will be capable of providing for, and will 

provide for, the storage, disposal, or management of any lowlevel radioactive waste generated within such State and 

requiring disposal after December 31, 1992, and include a 

description of the actions that will be taken to ensure that such 

capacity exists.

(D) By January 1, 1992, a complete application (as determined 

by the Nuclear Regulatory Commission or the appropriate agency 

of an agreement State) shall be filed for a license to operate a lowlevel radioactive waste disposal facility within each non-sited 

compact region or within each non-member State.

(E) The Nuclear Regulatory Commission shall transmit any 

certification received under subparagraph (C) to the Congress and 

publish any such certification in the Federal Register.

(F) Any State may, subject to all applicable provisions, if any, 

of any applicable compact, enter into an agreement with the 

compact commission of a region in which a regional disposal 

facility is located to provide for the disposal of all low-level 

radioactive waste generated within such State, and, by virtue of 

such agreement, may, with the approval of the State in which the 

regional disposal facility is located, be deemed to be in 

compliance with subparagraphs (A), (B), (C), and (D).

(2) Penalties For Failure To Comply.–

(A) By July 1, 1986.–If any State fails to comply with 

subparagraph (1)(A)–

(i) any generator of low-level radioactive waste within 

such region or non-member State shall, for the period 

beginning July 1, 1986, and ending December 31, 1986, be 

charged 2 times the surcharge otherwise applicable under 

subsection (d); and

(ii) on or after January 1, 1987, any low-level radioactive 

waste generated within such region or non-member State may 

be denied access to the regional disposal facilities referred to 

in paragraphs (1) through (3) of subsection (b).

(B) By January 1, 1988.–If any non-sited compact region or 

non-member State fails to comply with paragraph (1)(B)–

(i) any generator of low-level radioactive waste within 

such region or non-member State shall–

Federal 

Register, 

publication.

Contracts.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 299

(I) for the period beginning January 1, 1988, and 

ending June 30, 1988, be charged 2 times the surcharge 

otherwise applicable under subsection (d); and

(II) for the period beginning July 1, 1988, and ending 

December 31, 1988, be charged 4 times the surcharge 

otherwise applicable under subsection (d); and

(ii) on or after January 1, 1989, any low-level radioactive 

waste generated within such region or non-member State may 

be denied access to the regional disposal facilities referred to 

in paragraphs (1) through (3) of subsection (b).

(C) By January 1, 1990.–If any non-sited compact region or 

non-member State fails to comply with paragraph (1)(C), any 

low-level radioactive waste generated within such region or nonmember State may be denied access to the regional disposal 

facilities referred to in paragraphs (1) through (3) of subsection 

(b).

(D) By January 1, 1992.–If any non-sited compact region or 

non-member State fails to comply with paragraph (1)(D), any 

generator of low-level radioactive waste within such region or 

non-member State shall, for the period beginning January 1, 1992 

and ending upon the filing of the application described in 

paragraph (1)(D), be charged 3 times the surcharge otherwise

applicable under subsection (d).

(3) Denial of Access.–No denial or suspension of access to a 

regional disposal facility under paragraph (2) may be based on the 

source, class, or type of low-level radioactive waste.

(4) Restoration of Suspended Access; Penalties For Failure To 

Comply.–Any access to a regional disposal facility that is suspended 

under paragraph (2) shall be restored after the non-sited compact 

region or non-member State involved complies with such 

requirement. Any payment of surcharge penalties pursuant to 

paragraph (2) for failure to comply with the requirements of 

subsection (e) shall be terminated after the non-sited compact region 

or non-member State involved complies with such requirements.

(f)(1) Administration.–Each State and compact commission in which 

a regional disposal facility referred to in paragraphs (1) through (3) of 

subsection (b) is located shall have authority–

(A) to monitor compliance with the limitations, allocations, 

and requirements established in this section; and

(B) to deny access to any non-Federal low-level radioactive 

waste disposal facilities within its borders to any low-level 

radioactive waste that–

(i) is in excess of the limitations or allocations established 

in this section; or

(ii) is not required to be accepted due to the failure of a 

compact region or State to comply with the requirements of 

subsection (e)(1).

(2) Availability of Information During Interim Access Period.–

(A) The States of South Carolina, Washington, and Nevada 

may require information from disposal facility operators, 

generators, intermediate handlers, and the Department of Energy 

that is reasonably necessary to monitor the availability of disposal 

capacity, the use and assignment of allocations and the 

applicability of surcharges.

Prohibition.

Termination.

Nevada.

South Carolina.

Washington.
300 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

(B) The States of South Carolina, Washington, and Nevada 

may, after written notice followed by a period of at least 30 days, 

deny access to disposal capacity to any generator or intermediate 

handler who fails to provide information under subparagraph (A).

(C) Proprietary Information.–

(i) Trade secrets, proprietary and other confidential 

information shall be made available to a State under this 

subsection upon request only if such State–

(I) consents in writing to restrict the dissemination of 

the information to those who are directly involved in 

monitoring under subparagraph (A) and who have a need 

to know;

(II) accepts liability for wrongful disclosure; and

(III) demonstrates that such information is essential to 

such monitoring.

(ii) The United States shall not be liable for the wrongful 

disclosure by any individual or State of any information 

provided to such individual or State under this subsection.

(iii) Whenever any individual or State has obtained 

possession of information under this subsection, the individual 

shall be subject to the same provisions of law with respect to 

the disclosure of such information as would apply to an officer 

or employee of the United States or of any department or 

agency thereof and the State shall be subject to the same 

provisions of law with respect to the disclosure of such 

information as would apply to the United States or any 

department or agency thereof. No State or State officer or 

employee who receives trade secrets, proprietary information, 

or other confidential information under this Act may be 

required to disclose such information under State law.

(g) Nondiscrimination.–Except as provided in subsections (b) through 

(e), low-level radioactive waste disposed of under this section shall be 

subject without discrimination to all applicable legal requirements of the 

compact region and State in which the disposal facility is located as if 

such low-level radioactive waste were generated within such compact 

region.

Sec. 6. Emergency Access

(a) In General.–The Nuclear Regulatory Commission may grant 

emergency access to any regional disposal facility or non-Federal 

disposal facility within a State that is not a member of a compact for 

specific low-level radioactive waste, if necessary to eliminate an 

immediate and serious threat to the public health and safety or the 

common defense and security. The procedure for granting emergency 

access shall be as provided in this section.

(b) Request For Emergency Access.–Any generator of low-level 

radioactive waste, or any Governor (or, for any State without a Governor, 

the chief executive officer of the State) on behalf of any generator or 

generators located in his or her State, may request that the Nuclear 

Regulatory Commission grant emergency access to a regional disposal 

facility or a non-Federal disposal facility within a State that is not a 

member of a compact for specific low-level radioactive waste. Any such 

request shall contain any information and certifications the Nuclear 

Regulatory Commission may require. 

(c) Determination of Nuclear Regulatory Commission.–

Nevada.

South Carolina.

Washington.

Commerce and 

trade.

Government 

organization 

and employees.

Prohibition.

42 USC 2021f.

Defense and 

national 

security.

Health.

Safety.

Health.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 301

(1) Required Determination.–Not later than 45 days after 

receiving a request under subsection (b), the Nuclear Regulatory 

Commission shall determine whether–

(A) emergency access is necessary because of an immediate 

and serious threat to the public health and safety or the common 

defense and security; and

(B) The threat cannot be mitigated by any alternative 

consistent with the public health and safety, including storage of 

low-level radioactive waste at the site of generation or in a storage 

facility obtaining access to a disposal facility by voluntary 

agreement, purchasing disposal capacity available for assignment 

pursuant to section 5(c) or ceasing activities that general low-level 

radioactive waste.

(2) Required Notification.–If the Nuclear Regulatory 

Commission makes the determinations required in paragraph (1) in 

the affirmative, it shall designate an appropriate non-Federal disposal 

facility or facilities, and notify the Governor (or chief executive 

officer) of the State in which such facility is located and the 

appropriate compact commission that emergency access is required. 

Such notification shall specifically describe the low-level radioactive 

waste as to source, physical and radiological characteristics, and the 

minimum volume and duration, not exceeding 180 days, necessary to 

alleviate the immediate threat to public health and safety or the 

common defense and security. The Nuclear Regulatory Commission 

shall also notify the Governor (or chief executive officer) of the State

in which the low-level radioactive waste requiring emergency access 

was generated that emergency access has been granted and that, 

pursuant to subsection (e), no extension of emergency access may be 

granted absent diligent State action during the period of the initial 

grant.

(d) Temporary Emergency Access.–Upon determining that 

emergency access is necessary because of an immediate and serious 

threat to the public health and safety or the common defense and security, 

the Nuclear Regulatory Commission may at its discretion grant 

temporary emergency access, pending its determination whether the 

threat could be mitigated by any alternative consistent with the public 

health and safety. In granting access under this subsection, the Nuclear 

Regulatory Commission shall provide the same notification and 

information required under sub-section (c). Absent a determination that 

no alternative consistent with the public health and safety would mitigate 

the threat, access granted under this subsection shall expire 45 days after 

the granting of temporary emergency access under this subsection.

(e) Extension of Emergency Access.–

The Nuclear Regulatory Commission may grant one extension of 

emergency access beyond the period provided in subsection (c), if it 

determines that emergency access continues to be necessary because of 

an immediate and serious threat to the public health and safety or the 

common defense and security that cannot be mitigated by any alternative 

consistent with the public health and safety, and that the generator of 

low-level radioactive waste granted emergency access and the State in 

which such low-level radioactive waste was generated have diligently 

though unsuccessfully acted during the period of the initial grant to 

eliminate the need for emergency access. Any extension granted under 

this subsection shall be for the minimum volume and duration the 

Nuclear Regulatory Commission finds necessary to eliminate the 

Defense and 

national 

security.

Safety.

Defense and 

national 

security.

Health.

Safety.

Prohibition.

Defense and 

national 

security.

Health.

Safety.
302 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

immediate threat to public health and safety or the common defense and 

security, and shall not in any event exceed 180 days.

(f) Reciprocal Access.–Any compact region or State not a member of 

a compact that provides emergency access to non-Federal disposal 

facilities within its borders shall be entitled to reciprocal access to any 

subsequently operating non-Federal disposal facility that serves the State 

or compact region in which low-level radioactive waste granted 

emergency access was generated. The compact commission or State 

having authority to approve importation of low-level radioactive waste to 

the disposal facility to which emergency access was granted shall 

designate for reciprocal access an equal volume of low-level radioactive 

waste having similar characteristics to that provided emergency access.

(g) Approval By Compact Commission.–Any grant of access under 

this section shall be submitted to the compact commission for the region 

in which the designated disposal facility is located for such approval as 

may be required under the terms of its compact. Any such compact 

commission shall act to approve emergency access not later than 15 days 

after receiving notification from the Nuclear Regulatory Commission, or 

reciprocal access not later than 15 days after receiving notification from 

the appropriate authority under subsection (f).

(h) Limitations.–No State shall be required to provide emergency or 

reciprocal access to any regional disposal facility within its borders for 

low-level radioactive waste not meeting criteria established by the license 

or license agreement of such facility, or in excess of the approved 

capacity of such facility, or to delay the closing of any such facility 

pursuant to plans established before receiving a request for emergency or 

reciprocal access. No State shall, during any 12-month period, be 

required to provide emergency or reciprocal access to any regional 

disposal facility within its borders for more than 20 percent of the total 

volume of low-level radioactive waste accepted for disposal at such 

facility during the previous calendar year. 

(i) Volume Reduction and Surcharges.–Any low-level 

radioactive waste delivered for disposal under this section 

shall be reduced in volume to the maximum extent practicable 

and shall be subject to surcharges established in this Act.

(j) Deduction From Allocation.–Any volume of low-level radioactive 

waste granted emergency or reciprocal access under this section, if 

generated by any commercial nuclear power reactor, shall be deducted 

from the low-level radioactive waste volume allocable under section 5(c).

(k) Agreement States.–Any agreement under section 274 of the 

Atomic Energy Act of 1954 (42 USC 2021) shall not be applicable to the 

determinations of the Nuclear Regulatory Commission under this section. 

Sec. 7. Responsibilities of the Department of Energy

(a) Financial and Technical Assistance.–The Secretary shall, to the 

extent provided in appropriations Act, provide to those compact regions, 

host States, and nonmember States determined by the Secretary to require 

assistance for purposes of carrying out this Act–

(1) continuing technical assistance to assist them in fulfilling their 

responsibilities under this Act. Such technical assistance shall 

include, but not be limited to, technical guidelines for site selection, 

alternative technologies for low-level radioactive waste disposal, 

volume reduction options, management techniques to reduce lowlevel waste generation, transportation practices for shipment of lowlevel wastes, health and safety considerations in the storage, shipment 

and disposal of low-level radioactive wastes, and establishment of a 

Prohibitions.

Prohibition.

42 USC 2021g.

Health.

Safety.

Science and 

technology.

Transportation.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 303

computerized database to monitor the management of low-level 

radioactive wastes; and

(2) through the end of fiscal year 1993, financial assistance to 

assist them in fulfilling their responsibilities under this Act.

(b) Reports.–The Secretary shall prepare and submit to the Congress 

on an annual basis a report which (1) summarizes the progress of lowlevel waste disposal siting and licensing activities within each compact 

region, (2) reviews the available volume reduction technologies, their 

applications, effectiveness, and costs on a per unit volume basis, (3) 

reviews interim storage facility requirements, costs, and usage, (4) 

summarizes transportation requirements for such wastes on an inter- and 

intra-regional basis, (5) summarizes the data on the total amount of lowlevel waste shipped for disposal on a yearly basis, the proportion of such 

wastes subjected to volume reduction, the average volume reduction 

attained, and the proportion of wastes stored on an interim basis, and (6) 

projects the interim storage and final disposal volume requirements 

anticipated for the following year, on a regional basis.

Sec. 8. Alternative Disposal Methods

(a) Not later than 12 months after the date of enactment of the LowLevel Radioactive Waste Policy Amendments Act of 1985, the Nuclear 

Regulatory Commission shall, in consultation with the States and other 

interested persons, identify methods for the disposal of low-level 

radioactive waste other than shallow land burial, and establish and 

publish technical guidance regarding licensing of facilities that use such 

methods.

(b) Not later than 24 months after the date of enactment of the LowLevel Radioactive Waste Policy Amendments Act of 1985, the 

Commission shall, in consultation with the States and other interested 

persons, identify and publish all relevant technical information regarding 

the methods identified pursuant to subsection (a) that a State or compact 

must provide to the Commission in order to pursue such methods, 

together with the technical requirements that such facilities must meet, in 

the judgment of the Commission, if pursued as an alternative to shallow 

land burial. Such technical information and requirements shall include, 

but need not be limited to, site suitability, site design, facility operation, 

disposal site closure, and environmental monitoring, as necessary to meet 

the performance objectives established by the Commission for a licensed 

low-level radioactive waste disposal facility. The Commission shall 

specify and publish such requirements in a manner and form deemed 

appropriate by the Commission.

Sec. 9. Licensing Review and Approval

In order to ensure the timely development of new low-level 

radioactive waste disposal facilities, the Nuclear Regulatory Commission 

or, as appropriate, agreement States, shall consider an application for a 

disposal facility license in accordance with the laws applicable to such 

application, except that the Commission and the agreement state shall–

(1) not later than 12 months after the date of enactment of the 

Low-Level Radioactive Waste Policy Amendments Act of 1985, 

establish procedures and develop the technical capability for 

processing applications for such licenses;

(2) to the extent practicable, complete all activities associated 

with the review and processing of any application for such a license 

(except for public hearings) no later than 15 months after the date of 

receipt of such application; and

Science and 

technology.

Transportation.

42 USC 2021h.

42 USC 2021i.
304 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

(3) to the extent practicable, consolidate all required technical and 

environmental reviews and public hearings.

Sec. 10. Radioactive Waste Below Regulatory Concern

(a) Not later than 6 months after the date of enactment of the LowLevel Radioactive Waste Policy Amendments Act of 1985, the 

Commission shall establish standards and procedures, pursuant to 

existing authority, and develop the technical capability for considering 

and acting upon petitions to exempt specific radioactive waste streams 

from regulation by the Commission due to the presence of radionuclides 

in such waste streams in sufficiently low concentrations or quantities as 

to be below regulatory concern. 

(b) The standards and procedures established by the Commission 

pursuant to subsection (a) shall set forth all information required to be 

submitted to the Commission by licensees in support of such petitions, 

including, but not limited to–

(1) a detailed description of the waste materials, including their 

origin, chemical composition, physical state, volume, and mass; and

(2) The concentration or contamination levels, half-lives, and 

identities of the radionuclides present.

Such standards and procedures shall provide that, upon receipt of a 

petition to exempt a specific radioactive waste stream from regulation by 

the Commission, the Commission shall determine in an expeditious 

manner whether the concentration or quantity of radionuclides present in 

such waste stream requires regulation by the Commission in order to 

protect the public health and safety. Where the Commission determines 

that regulation of a radioactive waste stream is not necessary to protect 

the public health and safety, the Commission shall take such steps as may 

be necessary, in an expeditious manner, to exempt the disposal of such 

radioactive waste from regulation by the Commission.

B. LOW-LEVEL RADIOACTIVE WASTE POLICY AMENDMENTS 

ACT OF 1985 (TITLE II, INCLUDES: NW, CENTRAL, SE, CENTRAL 

MIDWEST, MW, ROCKY MOUNTAIN, NE INTERSTATE 

COMPACTS)

Title II–Omnibus Low-Level Radioactive Waste Interstate Compact 

Consent Act

Sec. 201. Short Title

This Title may be cited as the “Omnibus Low-Level Radioactive 

Waste Interstate Compact Consent Act.”

Subtitle A–General Provisions

Sec. 211. Congressional Finding

The Congress hereby finds that each of the compacts set forth in 

subtitle B is in furtherance of the Low-Level Radioactive Waste Policy 

Act.

Sec. 212. Conditions of Consent to Compacts

The consent of the Congress to each of the compacts set forth in 

subtitle B–

(1) shall become effective on the date of the enactment of this 

Act;

(2) is granted subject to the provisions of the Low-Level 

Radioactive Waste Policy Act, as amended; and

42 USC 2021j.

Health.

Safety.

Regulation.

42 USC 2021d

note.

42 USC 2021d

note.

.

42 USC 2021d

note.

Effective date.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 305

(3) is granted only for so long as the regional commission, 

committee, or board established in the compact complies with all of 

the provisions of such Act.

Sec. 213. Congressional Review

The Congress may alter, amend, or repeal this Act with respect to any 

compact set forth in subtitle B after the expiration of the 10-year period 

following the date of the enactment of this Act, and at such intervals 

thereafter as may be provided in such compact.

Subtitle B–Congressional Consent to Compacts

Sec. 221. Northwest Interstate Compact on Low-Level Radioactive 

Waste Management

The Consent of Congress is hereby given to the states of Alaska, 

Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming to 

enter into the Northwest Interstate Compact on Low-level Radioactive 

Waste Management, and to each and every part and article thereof. Such 

compact reads substantially as follows:

Northwest Interstate Compact on Low-Level Radioactive Waste 

Management

Article I–Policy and Purpose

The party states recognize that low-level radioactive wastes are 

generated by essential activities and services that benefit the citizens of 

the states. It is further recognized that the protection of the health and 

safety of the citizens of the party states and the most economical 

management of low-level radioactive wastes can be accomplished 

through cooperation of the states in minimizing the amount of handling 

and transportation required to dispose of such wastes and through the 

cooperation of the states in providing facilities that serve the region. It is 

the policy of the party states to undertake the necessary cooperation to 

protect the health and safety of the citizens of the party states and to 

provide for the most economical management of low-level radioactive 

wastes on a continuing basis. It is the purpose of this compact to provide 

the means for such a cooperative effort among the party states so that the 

protection of the citizens of the states and the maintenance of the 

viability of the states’ economies will be enhanced while sharing the 

responsibilities of radioactive low-level waste management.

Article II–Definitions

As used in this compact:

(1) “Facility” means any site, location, structure, or property used 

or to be used for the storage, treatment, or disposal of low-level 

waste, excluding federal waste facilities;

(2) “Low-level waste” means waste material which contains 

radioactive nuclides emitting primarily beta or gamma radiation, or 

both, in concentrations or quantities which exceed applicable federal 

or state standards for unrestricted release. Low-level waste does not 

include waste containing more than ten (10) nanocuries of transuranic 

contaminants per gram of material, nor spent reactor fuel, nor 

material classified as either high-level waste or waste which is 

42 USC 2021d 

note.

42 USC 2021d 

note.

Alaska.

Hawaii.

Idaho.

Montana.

Oregon.

Utah.

Washington.

Wyoming.

Health.

Safety.
306 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

unsuited for disposal by near-surface burial under any applicable 

federal regulations;

(3) “Generator” means any person, partnership, association, 

corporation, or any other entity whatsoever which, as a part of its 

activities, produces low-level radioactive waste;

(4) “Host state” means a state in which a facility is located.

Article III–Regulatory Practices

Each party state hereby agrees to adopt practices which will require 

low-level waste shipments originating within its borders and destined for 

a facility within another party state to conform to the applicable 

packaging and transportation requirements and regulations of the host 

state. Such practices shall include:

(1) Maintaining an inventory of all generators within the state that 

have shipped or expect to ship low-level waste to facilities in another 

party state;

(2) Periodic unannounced inspection of the premises of such 

generators and the waste management activities thereon;

(3) Authorization of the containers in which such waste may be 

shipped, and a requirement that generators use only that type of 

container authorized by the state;

(4) Assurance that inspections of the carriers which transport such 

waste are conducted by proper authorities, and appropriate 

enforcement action taken for violations;

(5) After receiving notification from a host state that a generator 

within the party state is in violation of applicable packaging or 

transportation standards, the party state will take appropriate action to 

assure that such violations do not recur. Such action may include 

inspection of every individual low-level waste shipment by that 

generator.

Each party state may impose fees upon generators and shippers to 

recover the cost of the inspections and other practices under this article. 

Nothing in this article shall be construed to limit any party state’s 

authority to impose additional or more stringent standards on generators 

or carriers than those required under this article.

Article IV–Regional Facilities

(1) Facilities located in any party state, other than facilities 

established or maintained by individual low-level waste generators for 

the management of their own low-level waste, shall accept low-level 

waste generated in any party state if such waste has been packaged and 

transported according to applicable laws and regulations.

(2) No facility located in any party state may accept low-level waste 

generated outside of the region comprised of the party states, except as 

provided in article V.

(3) Until such time as paragraph (2) of article IV takes effect, 

facilities located in any party state may accept low-level waste generated 

outside of any of the party states only if such waste is accompanied by a 

certificate of compliance issued by an official of the state in which such 

waste shipment originated. Such certificate shall be in such form as may 

be required by the host state, and shall contain at least the following:

(A) The generator’s name and address;

(B) A description of the contents of the low-level waste container.

Transportation.

Transportation.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 307

(C) A statement that the low-level waste being shipped has been 

inspected by the official who issued the certificate or by his agent or 

by a representative of the United States Nuclear Regulatory 

Commission, and found to have been packaged in compliance with 

applicable Federal regulations and such additional requirements as 

may be imposed by the host state;

(D) A binding agreement by the state of origin to reimburse any 

party state for any liability or expense incurred as a result of an 

accidental release of such waste during shipment or after such waste 

reaches the facility.

(4) Each party state shall cooperate with the other party states in 

determining the appropriate site of any facility that might be required 

within the region comprised of the party states, in order to maximize 

public health and safety while minimizing the use of any one (1) party 

state as the host of such facilities on a permanent basis. Each party state 

further agrees that decisions regarding low-level waste management 

facilities in their region will be reached through a good faith process 

which takes into account the burdens borne by each of the party states as 

well as the benefits each has received.

(5) The party states recognize that the issue of hazardous chemical 

waste management is similar in many respects to that of low-level waste 

management. Therefore, in consideration of the State of Washington 

allowing access to its low-level waste disposal facility by generators in 

other party states, party states such as Oregon and Idaho which host 

hazardous chemical waste disposal facilities will allow access to such 

facilities by generators within other party states. Nothing in this compact 

shall be construed to prevent any party state from limiting the nature and 

type of hazardous chemical or low-level wastes to be accepted at 

facilities within its borders of from ordering the closure of such facilities, 

so long as such action by a host state is applied equally to all generators 

within the region comprised of the party states.

(6) Any host state may establish a schedule of fees and requirements 

related to its facility, to assure that closure, perpetual care, and 

maintenance and contingency requirements are met, including adequate 

bonding.

Article V–Northwest Low–Level Waste Compact Committee

The governor of each party state shall designate one (1) official of 

that state as the person responsible for administration of this compact. 

The officials so designated shall together comprise the northwest lowlevel waste compact committee. The committee shall meet as required to 

consider matters arising under this compact. The parties shall inform the 

committee of existing regulations concerning low-level waste 

management in their states, and shall afford all parties a reasonable 

opportunity to review and comment upon any proposed modification in 

such regulations. Notwithstanding any provision of article IV to the 

contrary, the committee may enter into arrangements with states, 

provinces, individual generators, or regional compact entities outside the 

region comprised of the party states for access to facilities on such terms 

and conditions as the committee may deem appropriate. However, it shall 

require a two-thirds (2/3) vote of all such members, including the 

affirmative vote of the member of any party state in which a facility 

affected by such arrangement is located, for the committee to enter into 

such arrangement.

Regulations.

Health.

Safety.

Hazardous 

materials.

Idaho.

Oregon.

Prohibition.

Washington.

Regulations.
308 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

Article VI–Eligible Parties and Effective Date

(1) Each of the following states is eligible to become a party to this 

compact: Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, 

and Wyoming. As to any eligible party, this compact shall become 

effective upon enactment into law by that party, but it shall not become 

initially effective until enacted into law by two (2) states. Any party state 

may withdraw from this compact by enacting a statute repealing its 

approval.

(2) After the compact has initially taken effect pursuant to paragraph 

(1) of this article, any eligible party state may become a party to this 

compact by the execution of an executive order by the governor of the 

state. Any state which becomes a party in this manner shall cease to be a 

party upon the final adjournment of the next general or regular session of 

its legislature or July 1, 1983, whichever occurs first, unless the compact 

has by then been enacted as a statute by that state.

(3) Paragraph (2) of article IV of this compact shall take effect on 

July 1, 1983, if consent is given by Congress. As provided in Public Law 

96-573, Congress may withdraw its consent to the compact after every 

five (5) year period.

Article VII–Severability

If any provision of this compact, or its application to any person or 

circumstances, is held to be invalid, all other provisions of this compact, 

and the application of all of its provisions to all other persons and 

circumstances, shall remain valid; and to this end the provisions of this 

compact are severable.

Sec. 222. Central Interstate Low-Level Radioactive Waste Compact

The consent of Congress is hereby given to the states of Arkansas, 

Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota, 

and Oklahoma to enter into the Central Interstate Low-Level Radioactive 

Waste Compact, and to each and every part and article thereof. Such 

compact reads substantially as follows:

Central Interstate Low-Level Radioactive Waste Compact

Article I–Policy and Purpose

The party states recognize that each state is responsible for the 

management of its non-federal low-level radioactive wastes. They also 

recognize that the Congress, by enacting the Low-Level Radioactive 

Waste Policy Act (Public Law 96-573) has authorized and encouraged 

states to enter into compacts for the efficient management of wastes. It is 

the policy of the party states to cooperate in the protection of the health, 

safety and welfare of their citizens and the environment and to provide 

for and encourage the economical management of low-level radioactive 

wastes. It is the purpose of this compact to provide the framework for 

such a cooperative effort; to promote the health, safety and welfare of the 

citizens and the environment of the region; to limit the number of 

facilities needed to effectively and efficiently manage low-level 

radioactive wastes and to encourage the reduction of the generation 

thereof; and to distribute the costs, benefits and obligations among the 

party states.

Alaska. Hawaii. 

Idaho. Montana.

Oregon. Utah.

Washington. 

Wyoming.

Effective date.

Wyoming.

42 USC 2021b 

note.

Effective date.

Provisions held 

invalid.

42 USC 2021d 

note. Arkansas.

Iowa. Kansas.

Louisiana.

Minnesota.

Missouri.

Nebraska.

North Dakota.

Oklahoma.

42 USC 2021b 

note.

Environmental 

protection.

Health.

Safety.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 309

Article II–Definitions

As used in this compact, unless the context clearly requires a different 

construction:

a. “Commission” means the Central Interstate Low-Level Radioactive 

Waste Commission;

b. “disposal” means the isolation and final disposition of waste;

c. “extended care” means the care of a regional facility including 

necessary corrective measures subsequent to its active use for waste 

management until such time as the regional facility no longer poses a 

threat to the environment or public health;

d. “facility” means any site, location, structure or property used or to 

be used for the management of waste;

e. “generator” means any person who, in the course of or as incident 

to manufacturing, power generation, processing, medical diagnosis and 

treatment, biomedical research, other industrial or commercial activity, 

other research or mining in a party state, produces or processes waste. 

“Generator” does not include any person who receives waste generated 

outside the region for subsequent shipment to a regional facility;

f. “host state” means any party state in which a regional facility is 

situated or is being developed;

g. “low-level radioactive waste” or “waste” means, as defined in the 

Low-Level Radioactive Waste Policy Act (Public Law 96-573), 

radioactive waste not classified as: High-level radioactive waste, 

transuranic waste, spent nuclear fuel, or by-product material as defined in 

section 11e.(2) of the Atomic Energy Act of 1954, as amended through 

1978.

h. “management of waste” means the storage, treatment or disposal of 

waste;

i. “notification of each party state” means transmittal of written notice 

to the Governor, presiding officer of each legislative body and any other 

persons designated by the party state’s Commission member to receive 

such notice;

j. “party state” means any state which is a signatory party to this 

compact;

k. “person” means any individual, corporation, business enterprise, or 

other legal entity, either public or private;

l. “region” means the area of the party states;

m. “regional facility” means a facility which is located within the 

region and which has been approved by the Commission for the benefit 

of the party States;

n. “site” means any property which is owned or leased by a generator 

and is contiguous to or divided only by a public or private way from the 

source of generation;

o. “state” means a state of the United States, the District of Columbia, 

the Commonwealth of Puerto Rico, the U.S. Virgin Islands or any other 

territorial possession of the United States;

p. “storage” means the holding of waste for treatment or disposal; and

q. “treatment” means any method, technique or process, including 

storage for radioactive decay, designed to change the physical, chemical 

or biological characteristics or composition of any waste in order to 

render such waste after for transport or management, amendable for 

recovery, convertible to another usable material, or reduced in volume.

42 USC 2021b 

note.

42 USC 2014.
310 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

Article III–Rights and Obligations

a. There shall be provided within the region one or more regional 

facilities which together provide sufficient capacity to manage all wastes 

generated within the region. It shall be the duty of regional facilities to 

accept compatible wastes generated in and from party states, and meeting 

the requirements of this Act, and each party state shall have the right to 

have the wastes generated within its borders managed at such facility.

b. To the extent authorized by Federal law and host State law, a host 

state shall regulate and license any regional facility within its borders and 

ensure the extended care of such facility.

c. Rates shall be charged to any user of the regional facility, set by the 

operator of a regional facility and shall be fair and reasonable and be 

subject to the approval of the host state. Such approval shall be based 

upon criteria established by the Commission.

d. A host state may establish fees which shall be charged to any user 

of a regional facility and which shall be in addition to the rates approved 

pursuant to section c. of this Article, for any regional facility within its 

borders. Such fees shall be reasonable and shall provide the host state 

with sufficient revenue to cover any costs associated with such facilities. 

If such fees have been reviewed and approved by the Commission and to 

the extent that such revenue is insufficient, all party states shall share the 

costs in a manner to be determined by the Commission.

e. To the extent authorized by Federal law, each party state is 

responsible for enforcing any applicable Federal and state laws and 

regulations pertaining to the packaging and transportation of waste 

generated within or passing through its borders and shall adopt practices 

that will ensure that waste shipments originating within its borders and 

destined for a regional facility will conform to applicable packaging and 

transportation laws and regulations.

f. Each party state has the right to rely on the good faith performance 

of each other party state.

g. Unless authorized by the Commission, it shall be unlawful after 

January 1, 1986, for any person:

1. to deposit at a regional facility, waste not generated within

the region;

2. to accept, at a regional facility, waste not generated within

the region;

3. to export from the region, waste which is generated within

the region; and

4. to transport waste from the site at which it is generated,

except to a regional facility.

Article IV–The Commission

a. There is hereby established the Central Interstate Low-Level 

Radioactive Waste Commission. The Commission shall consist of one 

voting member from each party state to be appointed according to the 

laws of each state. The appointing authority of each party state shall 

notify the Commission in writing of the identity of its member and any 

alternates. An alternate may act on behalf of the member only in the 

absence of such member. Each state is responsible for the expenses of its 

member of the Commission.

Regulation.

Regulation.

Transportation.

Exports.

Central 

Interstate LowLevel 

Radioactive 

Waste 

Commission, 

establishment.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 311

b. Each Commission member shall be entitled to one vote. Unless 

otherwise provided herein, no action of the Commission shall be bonding 

unless a majority of the total membership casts its vote in the affirmative.

c. The Commission shall elect from among its membership a 

chairman. The Commission shall adopt and publish, in convenient form, 

by-laws and policies which are not inconsistent with this compact.

d. The Commission shall meet at least once a year and shall also meet 

upon the call of the chairman, by petition of a majority of the 

membership or upon the call of a host state member.

e. The Commission may initiate any proceedings or appear as an 

intervenor or party in interest before any court of law, or any Federal, 

state or local agency, board or Commission that has jurisdiction over any 

matter arising under or relating to the terms of the provisions of this 

compact. The Commission shall determine in which proceedings it shall 

intervene or otherwise appear and may arrange for such expert testimony, 

reports, evidence or other participation in such proceedings as may be 

necessary to represent its views.

f. The Commission may establish such committees as it deems 

necessary for the purpose of advising the Commission on any and all 

matters pertaining to the management of waste.

g. The Commission may employ and compensate a staff limited only 

to those persons necessary to carry out its duties and functions. The 

Commission may also contract with and designate any person to perform 

necessary functions to assist the Commission. Unless otherwise required 

by the acceptance of a Federal grant, the staff shall serve at the 

Commission’s pleasure irrespective of the civil service, personnel or 

other merit laws of any of the party states or the Federal government and 

shall 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 annual budget as 

soon as practicable after its initial meeting. Party states shall equally 

contribute to the Commission budget on an annual basis, an amount 

not to exceed $25,000 until surcharges are available for that purpose. 

Host states shall begin imposition of the surcharges provided for in 

this section as soon as practicable and shall remit to the Commission 

funds resulting from collection of such surcharges within 60 days of 

their receipt; and

2. Each state hosting a regional facility shall annually levy 

surcharges on all users of such facilities, based on the volume and 

characteristics of wastes received at such facilities, the total of which:

(A) Shall be sufficient to cover the annual budget of the 

Commission; and

(B) shall be paid to the Commission, provided, however, that 

each host state collecting such surcharges may retain a portion of 

the collection sufficient to cover the administrative costs of 

collection, and that the remainder be sufficient only to cover the 

approved annual budget of the Commission.

i. The Commission shall keep accurate accounts of all receipts and 

disbursements. An independent certified public account shall 

annually audit all receipts and disbursements of Commission funds 

and submit an audit report to the Commission. Such audit report shall 

be made a part of the annual report of the Commission required by 

this Article.

j. The Commission may accept for any of its purposes and 

functions any and all donations, grants of money, equipment, supplies, 

Contracts.

Grants.

Audit.

Report.
312 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

materials and services, conditional or otherwise from any person and may 

receive, utilize and dispose of same, attendant upon any donation or grant 

accepted pursuant to this section, together with the identity of the donor, 

grantor or lender, shall be detailed in the annual report of the 

Commission.

k. (1) Except as otherwise provided herein, nothing in this 

compact shall be construed to alter the incidence of liability of any 

kind for any act, omission, course of conduct, or on account of any 

casual or other relationships. Generators, transporters of waste, 

owners and operators of facilities shall be liable for their acts, 

omissions, conduct or relationships in accordance with all laws 

relating thereto.

(2) The Commission herein established is a legal entity separate 

and distinct from the party states and shall be so liable for its actions. 

Liabilities of the Commission shall not be deemed liabilities of the 

party states. Members of the Commission shall not be personally 

liable for actions taken by them in their official capacity.

1. Any person or party state aggrieved by a final decision of the 

Commission may obtain judicial review of such decisions in the 

United States District Court in the District wherein the Commission 

maintains its headquarters by filing in such court a petition for review 

within 60 days after the Commission’s final decision. Proceedings 

thereafter shall be in accordance with the rules of procedure 

applicable in such court.

m. The Commission shall:

1. Receive and approve the application of a non-party state to 

become a party state in accordance with Article VII;

2. submit an annual report, and otherwise communicate with, the 

Governors and the presiding officers of the legislative bodies of the 

party states regarding the activities of the Commission;

3. hear and negotiate disputes which may arise between the party 

states regarding this compact;

4. require of and obtain from the party states, and non-party states 

seeking to become party states, data and information necessary to the 

implementation of Commission and party states’ responsibilities;

5. approve the development and operation of regional facilities in 

accordance with Article V;

6. notwithstanding any other provision of this compact, have the 

authority to enter into agreements with any person for the importation 

of waste into the region and for the right of access to facilities outside 

the region for waste generated within the region. Such authorization 

to import or export waste requires the approval of the Commission, 

including the affirmative vote of any host state which may be 

affected;

7. revoke the membership of a party state in accordance with 

Articles V and VII;

8. require all party states and other persons to perform their duties 

and obligations arising under this compact by an appropriate action in 

any forum designated in section e. of Article IV; and

9. take such action as may be necessary to perform its duties and 

functions as provided in this compact.

Reports.

Prohibition.

Prohibitions.

Report.

Contracts.

Exports.

Imports.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 313

Article V–Development and Operation of

Regional Facilities

a. Following the collection of sufficient data and information from the 

states, the Commission shall allow each party state the opportunity to 

volunteer as a host for a regional facility.

b. If no state volunteers or if no proposal identified by a volunteer 

state is deemed acceptable by the Commission, based on the criteria in 

section c. of this Article, then the Commission shall publicly seek 

applicants for the development and operation of regional facilities.

c. The Commission shall review and consider each applicant’s 

proposal based upon the following criteria:

1. The capability of the applicant to obtain a license from the 

applicable authority;

2. the economic efficiency of each proposed regional facility, 

including the total estimated disposal and treatment costs per cubic 

foot of waste;

3. financial assurances;

4. Accessibility to all party states; and

5. Such other criteria as shall be determined by the Commission to 

be necessary for the selection of the best proposal, based on the 

health, safety and welfare of the citizens in the region and the party 

states.

d. The Commission shall make a preliminary selection of the proposal 

or proposals considered most likely to meet the criteria enumerated in 

section c. and the needs of the region.

e. Following notification of each party state of the results of the 

preliminary selection process, the Commission shall:

1. Authorize any person whose proposal has been selected to 

pursue licensure of the regional facility or facilities in accordance 

with the proposal originally submitted to the Commission or as 

modified with the approval of the Commission; and

2. require the appropriate state or states or the U.S. Nuclear 

Regulatory Commission to process all applications for permits and 

licenses required for the development and operation of any regional 

facility or facilities within a reasonable period from the time that a 

completed application is submitted.

f. The preliminary selection or selections made by the Commission 

pursuant to this Article shall become final and receive the Commission’s 

approval as a regional facility upon the issuance of license by the 

licensing authority. If a proposed regional facility fails to become 

licensed, the Commission shall make another selection pursuant to the 

procedures identified in this Article.

g. The Commission may, by two-thirds affirmative vote of its 

membership, revoke the membership of any party state which, after 

notice and hearing, shall be found to have arbitrarily or capriciously 

denied or delayed the issuance of a license or permit to any person

authorized by the Commission to apply for such license or permit. 

Revocation shall be in the same manner as provided for in section e. of 

Article VII.

Health.

Safety.
314 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

Article VI–Other Laws and Regulations

a. Nothing in this compact shall be construed to:

1. Abrogate or limit the applicability of any act of Congress or 

diminish or otherwise impair the jurisdiction of any Federal agency 

expressly conferred thereon by the Congress;

2. prevent the application of any law which is not otherwise 

inconsistent with this compact;

3. prohibit or otherwise restrict the management and waste on the 

site where it is generated if such is otherwise lawful;

4. Affect any judicial or administrative proceeding pending on the 

effective date of this compact;

5. Alter the relations between, and the respective internal 

responsibilities of, the government of a party state and its 

subdivisions; and

6. Affect the generation or management of waste generated by the 

Federal government or federal research and development activities.

b. No party state shall pass or enforce any law or regulation which is 

inconsistent with this compact.

c. All laws and regulations or parts thereof of any party state which 

are inconsistent with this compact are hereby declared null and void for 

purposes of this compact. Any legal right, obligation, violation or penalty 

arising under such laws or regulations prior to enactment of this compact 

shall not be affected.

d. No law or regulation of a party state or of any subdivision or 

instrumentality thereof may be applied so as to restrict or make more 

costly or inconvenient access to any regional facility by the generators of 

another party state than for the generators of the state where the facility is 

situated.

Article VII–Eligible Parties, Withdrawal, Revocation, Entry Into 

Force, Termination

a. This compact shall have as initially eligible parties the states of 

Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, 

North Dakota and Oklahoma. Such initial eligibility shall terminate on 

January 1, 1984.

b. Any state may petition the Commission for eligibility. A 

petitioning state shall become eligible for membership in the compact 

upon the unanimous approval of the Commission. 

c. An eligible state shall become a member of the compact and shall 

be bound by it after such state has enacted the compact into law. In no 

event shall the compact take effect in any state until it has been entered 

into force as provided for in section f. of this Article.

d. Any party state may withdraw from this compact by enacting a 

statute repeating the same. Unless permitted earlier by unanimous 

approval of the Commission, such withdrawal shall take effect five-years 

after the Governor of the withdrawing state has given notice in writing of 

such withdrawal to each Governor of the party states. No withdrawal 

shall affect any liability already incurred by or chargeable to a party state 

prior to the time of such withdrawal.

e. Any party state which fails to comply with the terms of this 

compact or fulfill its obligations hereunder may, after notice and hearing 

have its privileges suspended or its membership in the compact revoked 

by the Commission. Revocation shall take effect one year from the date 

Prohibition.

Research and 

development.

Prohibition.

Regulations.

Prohibition.

Regulations.

Arkansas.

Iowa.

Kansas.

Louisiana.

Minnesota.

Missouri.

Nebraska.

North Dakota.

Oklahoma.

Prohibition.

Effective date.

Prohibition.

Effective date.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 315

such party state receives written notice from the Commission of its 

action. The Commission may require such party state to pay to the 

Commission, for a period not to exceed five years from the date of notice 

of revocation, an amount determined by the Commission based on the 

anticipated fees which the generators of such party state would have paid 

to each regional facility and an amount equal to that which such party 

state would have contributed in accordance with section d. of Article III, 

in the event of insufficient revenues. The Commission shall use such 

funds to ensure the continued availability of safe and economical waste 

management facilities for all remaining party states. Such state shall also 

pay an amount equal to that which such party state would have 

contributed to the annual budget of the Commission if such party state 

would have remained a member of the compact. All legal rights 

established under this compact of any party state which has its 

membership revoked shall cease upon the effective date of revocation; 

however, any legal obligations of such party state arising prior to the 

effective date of revocation shall not cease until they have been fulfilled. 

Written notice of revocation of any state’s membership in the company 

shall be transmitted immediately following the vote of the Commission, 

by the chairman, to the Governor of the affected party state, all other 

Governors of the party states and the Congress of the United States.

f. This compact shall become effective after enactment by a least 

three eligible states and after consent has been given to it by the 

Congress. The Congress shall have the opportunity to withdraw such 

consent every five-years. Failure of the Congress to withdraw its consent 

affirmatively shall have the effect of renewing consent for an additional 

five-year period. The consent given to this compact by the Congress shall 

extend to any future admittance of new party states under sections b. and 

c. of this Article and to the power to ban the exportation of waste 

pursuant to Article III.

g. The withdrawal of a party state from this compact under section d. 

of this Article or the revocation of a state’s membership in this compact 

under section 3. of this Article shall not affect the applicability of this 

compact to the remaining party states.

h. This compact shall be terminated when all party states have 

withdrawn pursuant to section d. of this Article.

Article VIII–Penalties

a. Each party state, consistent with its own law, shall prescribe and 

enforce penalties against any person for violation of any provision of this 

compact.

b. Each party state acknowledges that the receipt by a regional facility 

of waste packaged or transported in violation of applicable laws and 

regulations can result in sanctions which may include suspension or 

revocation of the violator’s right of access to the regional facility.

Article IX–Severability and Construction

The provisions of this compact shall be severable and if any phrase, 

clause, sentence or provision of this compact is declared by a court of 

competent jurisdiction to be contrary to the Constitution of any 

participating state or of the United States or the applicability thereof to 

any government, agency, person or circumstances is held invalid, the 

validity of the remainder of this compact and the applicability thereof to 

Prohibition.

Termination.

Regulations.
316 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

any government, agency, person or circumstance shall not be affected 

thereby. If any provision of this compact shall be held contrary to the 

Constitution of any state participating therein, the compact shall remain 

in full force and effect as to the state affected as to all severable matters. 

The provisions of this compact shall be liberally construed to give effect 

to the purpose thereof.

Sec. 223. Southeast Interstate Low-Level Radioactive Waste 

Management Compact

In accordance with section 4(a)(2) of the Low-Level Radioactive 

Waste Policy Act (42 USC 2021d(a)(2), the consent of the Congress is 

hereby given to the States of Alabama, Florida, Georgia, Mississippi, 

North Carolina, South Carolina, Tennessee, and Virginia to enter into the 

Southeast Interstate Low-Level Radioactive Waste Management 

Compact. Such compact is substantially as follows:

Southeast Interstate Low-Level Radioactive Waste Management 

Compact

Article I–Policy and Purpose

There is hereby created the Southeast Interstate Low-Level 

Radioactive Waste Management Compact. The party states recognize and 

declare that each state is responsible for providing for the availability of 

capacity either within or outside the State for disposal of low-level 

radioactive waste generated within its borders, except for waste 

generated as a result of defense activities of the federal government or 

federal research and development activities. They also recognize that the 

management of low-level radioactive waste is handled most efficiently 

on a regional basis. The party states further recognize that the Congress 

of the United States, by enacting the Low-Level Radioactive Waste 

Policy Act (Public Law 96-573), has provided for encouraged the 

development of low level radioactive waste compacts as a tool for 

disposal of such waste. The party states recognize that the safe and 

efficient management of low-level radioactive waste generated within the 

region requires that sufficient capacity to dispose of such waste be 

properly provided.

It is the policy of the party states to: enter into a regional low-level 

radioactive waste management compact for the purpose of providing the 

instrument and framework for a cooperative effort; provide sufficient 

facilities for the proper management of low-level radioactive waste 

generated in the region; promote the health and safety of the region; limit 

the number of facilities required to effectively and efficiently manage 

low-level radioactive waste generated in the region; encourage the 

reduction of the amounts of low-level waste generated in the region; 

distribute the costs, benefits, and obligations of successful low-level 

radioactive waste management equitably among the party states; and 

ensure the ecological and economical management of low-level 

radioactive wastes.

Implicit in the Congressional consent to this compact is the 

expectation by Congress and the party states that the appropriate federal 

agencies will actively assist the Compact Commission and the individual 

party states to this compact by:

1. expeditious enforcement of federal rules, regulations, and laws;

2. imposing sanctions against those found to be in violation of 

federal rules, regulations, and laws;

42 USC 2021d 

note. 

Alabama.

Florida. 

Georgia.

Mississippi.

North Carolina.

South Carolina.

Tennessee.

Virginia.

Research and 

development.

42 USC 2021b

note.

Regulations.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 317

3. timely inspection of their licensees to determine their 

capability to adhere to such rules, regulations, and laws;

4. timely provision of technical assistance to this compact in 

carrying out their obligations under the Low-Level Radioactive 

Waste Policy Act, as amended.

Article II–Definitions

As used in this compact, unless the context clearly requires a different 

construction:

1. “Commission” or “Compact Commission” means the Southeast 

Interstate Low-Level Radioactive Waste Management Commission.

2. “Facility” means a parcel of land, together with the structure, 

equipment, and improvements thereon or appurtenant thereto, which 

is used or is being developed for the treatment, storage, or disposal of 

low-level radioactive waste.

3. “Generator” means any person who produces or processes lowlevel radioactive waste in the course of, or as an incident to, 

manufacturing, power generation, processing, medical diagnosis and 

treatment, research, or other industrial or commercial activity. This 

does not include persons who provide a service to generators by 

arranging for the collection, transportation, storage, or disposal of 

wastes with respect to such waste generated outside the region.

4. “High-level waste” means irradiated reactor fuel, liquid wastes 

from reprocessing irradiated reactor fuel, and solids into which such 

liquid wastes have been converted, and other high-level radioactive 

waste as defined by the U.S. Nuclear Regulatory Commission.

5. “Host state” means any state in which a regional facility is

situated or is being developed.

6. “Low-level radioactive waste” or “waste” means radioactive 

waste not classified as high-level radioactive waste, transuranic 

waste, spent nuclear fuel, or by-product material as defined in section 

11e(2) of the Atomic Energy Act of 1954, or as may be further 

defined by Federal law or regulation.

7. “Party state” means any state which is a signatory party to this 

compact.

8. “Person” means any individual, corporation, business 

enterprise, or other legal entity (either public or private).

9. “Region ‘ means the collective party states.

10. ‘Regional facility” means (1) a facility as defined in this 

article which has been designated, authorized, accepted, or approved 

by the Commission to receive waste or (2) the disposal facility in 

Barnwell County, South Carolina, owned by the State of South 

Carolina and as licensed for the burial of low-level radioactive waste 

on July 1, 1982, but in no event shall this disposal facility serve as a 

regional facility beyond December 31, 1992.

11. “State” means a state of the United States, the District of 

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or 

any other territorial possession of the United States.

12. “Transuranic wastes” means waste material containing 

transuranic elements with contamination levels as determined by the 

regulations of (1) the U.S. Nuclear Regulatory Commission or (2) any 

host state, if it is an agreement state under section 274 of the Atomic 

Energy Act of 1954.

42 USC 2021b 

note.

42 USC 2014.

42 USC 2021.
318 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

13. “Waste management” means the storage, treatment, or 

disposal of waste.

Article III–Rights and Obligations

The rights granted to the party states by this compact are additional to 

the rights enjoyed by sovereign states, and nothing in this compact shall 

be construed to infringe upon, limit, or abridge those rights.

(A) Subject to any license issued by the U.S. Nuclear Regulatory 

Commission or a host state, each party state shall have the right to 

have all wastes generated within its borders stored, treated, or 

disposed of, as applicable, at regional facilities and, additionally, shall 

have the right of access to facilities made available to the region 

through agreements entered into by the Commission pursuant to 

Article 4(e)(9). The right of access by a generator within a party state 

to any regional facility is limited by its adherence to applicable state 

and federal law and regulation.

(B) If no operating regional facility is located within the borders 

of a party state and the waste generated within its borders must 

therefore be stored, treated, or disposed of at a regional facility in 

another party state, the party state without such facilities may be 

required by the host state or states to establish a mechanism which 

provides compensation for access to the regional facility according to 

terms and conditions established by the host state or states and 

approved by a two-thirds vote of the Commission.

(C) Each party state must establish the capability to regulate, 

license, and ensure the maintenance and extended care of any facility 

within its borders. Host states are responsible for the availability, the 

subsequent post-closure observation and maintenance, and the 

extended institutional control of their regional facilities in accordance 

with the provisions of Article 5, section (b).

(D) Each party state must establish the capability to enforce any 

applicable federal or state laws and regulations pertaining to the 

packaging and transportation of waste generated within or passing 

through its borders.

(E) Each party state must provide to the Commission on an annual 

basis any data and information necessary to the implementation of the 

Commission’s responsibilities. Each party state shall establish the 

capability to obtain any data and information necessary to meet its 

obligation.

(F) Each party state must, to the extent authorized by federal law, 

require generators within its borders to use the best available waste 

management technologies and practices to minimize the volumes of 

waste requiring disposal.

Prohibition.

Regulations.

Transportation.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 319

Article IV–The Commission

(A) There is hereby created the Southeast Interstate Low-Level 

Radioactive Waste Management Commission (“Commission” or 

“Compact Commission”). The Commission shall consist of two voting 

members from each party state to be appointed according to the laws of 

each state. The appointing authorities of each state must notify the 

Commission in writing of the identity of its members and any alternates. 

An alternate may act on behalf of the member only in the member’s 

absence.

(B) Each commission member is entitled to one vote. No action of the 

Commission shall be binding unless a majority of the total membership 

cast their vote in the affirmative, or unless a greater than majority vote is 

specifically required by any other provision of this compact.

(C) The Commission must elect from among its members a presiding 

officer. The Commission shall adopt and publish, in convenient form, 

bylaws which are consistent with this compact. 

(D) The Commission must meet at least once a year and also meet 

upon the call of the presiding officer, by petition of a majority of the 

party states, or upon the call of a host state. All meetings of the 

Commission must be open to the public.

(E) The Commission has the following duties and powers:

1. To receive and approve the application of a nonparty state to 

become an eligible state in accordance with the provisions of Article 

7(b).

2. To receive and approve the application of a nonparty state to 

become an eligible state in accordance with the provisions of Article 

7(c).

3. To submit an annual report and other communications to the 

Governors and to the presiding officer of each body of the legislature 

of the party states regarding the activities of the Commission.

4. To develop and use procedures for determining, consistent with 

consideration for public health and safety, the type and number of 

regional facilities which are presently necessary and which are 

projected to be necessary to manage waste generated within the 

region.

5. To provide the party states with reference guidelines for 

establishing the criteria and procedures for evaluating alternative 

locations for emergency or permanent regional facilities.

6. To develop and adopt, within one year after the Commission is 

constituted as provided in Article 7(d) procedures and criteria for 

identifying a party state as a host state for a regional facility as 

determined pursuant to the requirements of this article. In accordance 

with these procedures and criteria, the Commission shall identify a 

host state for the development of a second regional disposal facility 

within three years after the Commission is constituted as provided for 

in Article 7(d), and shall seek to ensure that such facility is licensed 

and ready to operate as soon as required but in no event later than 

1991.

In developing criteria, the Commission must consider the 

following; the health, safety, and welfare of the citizens of the party 

states; the existence of regional facilities within each party state; the 

minimization of waste transportation; the volumes and types of 

wastes generated within each party state; and the environmental, 

Southeast 

Interstate LowLevel 

Radioactive 

Waste 

Management 

Commission, 

establishment.

Report.

Health.

Safety.

Environmental 

protection.

Health.

Safety.

Transportation.
320 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

economic, and ecological impacts on the air, land, and water 

resources of the party states.

The Commission shall conduct such hearings, require such 

reports, studies, evidence, and testimony, and do what is required by 

its approved procedures in order to identify a party state as a host 

state for a needed facility.

7. In accordance with the procedures and criteria developed 

pursuant to section (e)(6) of this Article, to designate, by a two-thirds 

vote, a host state for the establishment of a needed regional facility. 

The Commission shall not exercise this authority unless the party 

states have failed to voluntarily pursue the development of such 

facility. The Commission shall have the authority to revoke the 

membership of a party state that willfully creates barriers to the siting 

of a needed regional facility.

8. To require of and obtain from party states, eligible states 

seeking to become party states, and nonparty states seeking to 

become eligible states, data and information necessary to the 

implementation of Commission responsibilities.

9. Notwithstanding any other provision of this compact, to enter 

into agreements with any person, state, or similar regional body or 

group of states for the importation of waste into the region and for the 

right of access to facilities outside the region for waste generated 

within the region. The authorization to import requires a two-thirds 

majority vote of the Commission, including an affirmative vote of 

both representatives of a host state in which any affected regional 

facility is located. This shall be done only after an assessment of the 

affected facility’s capability to handle such wastes.

10. To act or appear on behalf of any party state or states, only 

upon written request of both members of the Commission for such 

state or states as an intervenor or party in interest before Congress, 

state legislatures, any court of law, or any federal, state, or local 

agency, board, or commission which has jurisdiction over the 

management of wastes. The authority to act, intervene, or otherwise 

appear shall be exercised by the Commission, only after approval by 

a majority vote of the Commission.

11. To revoke the membership of a party state in accordance with 

Article 7(f).

F. The Commission may establish any advisory committees as it 

deems necessary for the purpose of advising the Commission on any 

matters pertaining to the management of low-level radioactive waste.

G. The Commission may appoint or contract for and compensate such 

limited staff necessary to carry out its duties and functions. The staff 

shall serve at the commission’s pleasure irrespective of the civil service, 

personnel, or other merit laws of any of the party states or the federal 

government and shall be compensated from funds of the Commission. In 

selecting any staff, the Commission shall assure that the staff has 

adequate experience and formal training to carry out such functions as 

may be assigned to it by the Commission. If the Commission has a 

headquarters it shall be in a party state.

H. Funding for the Commission must be provided as follows: 

1. Each eligible state, upon becoming a party state, shall pay 

twenty-five thousand dollars to the Commission which shall be used 

for costs of the Commission’s services.

2. Each state hosting a regional disposal facility shall annually 

levy special fees or surcharges on all users of such facility, based 

Reports.

Studies.

Prohibition.

Contracts.

Imports.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 321

upon the volume of wastes disposed of at such facilities, the total of 

which:

a. must be sufficient to cover the annual budget of the Commission;

b. must represent the financial commitments of all party states to the 

Commission;

c. must be paid to the Commission;

Provided, however, That each host state collecting such fees or 

surcharges may retain a portion of the collection sufficient to cover its 

administrative costs of collection and that the remainder be sufficient 

only to cover the approved annual budgets of the Commission.

3. The Commission must set and approve its first annual budget as 

soon as practicable after its initial meeting. Host states for disposal 

facilities must begin imposition of the special fees and surcharges 

provided for in this section as soon as practicable after becoming 

party states and must remit to the Commission funds resulting from 

collection of such special fees and surcharges within sixty days of 

their receipt.

I. The Commission must keep accurate accounts of all receipts and 

disbursements. An independent certified public accountant shall annually 

audit all receipts and disbursements of Commission funds and submit an 

audit report to the Commission. The audit report shall be made a part of 

the annual report of the Commission required by Article 4(e)(3).

J. The Commission may accept for any of its purposes and functions 

any and all donations, grants of money, equipment, supplies, materials, 

and services (conditional or otherwise) from any state, or the United 

States, or any subdivision or agency thereof, or interstate agency, or from 

any institution, person, firm, or corporation, and may receive, utilize, and 

dispose of the same. The nature, amount, and condition, if any, attendant 

upon any donation or grant accepted pursuant to this section, together 

with the identity of the donor, grantor, or lender shall be detailed in the 

annual report to the Commission.

K. The Commission is not responsible for any costs associated with:

(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 any facility, 

or

(5) the extended institutional control, after post-closure 

observation and maintenance of any facility.

L. As of January 1, 1986, the management of wastes at regional 

facilities is restricted to wastes generated within the region, and to wastes 

generated within nonparty states when authorized by the Commission 

pursuant to the provisions of this compact. After January 1, 1986, the 

Commission may prohibit the exportation of waste from the region for 

the purposes of management.

M. 1. The Commission herein established is a legal entity separate 

and distinct from the party states capable of acting in its own behalf and 

is liable for its actions. Liabilities of the Commission shall not be deemed 

liabilities of the party states. Members of the Commission shall not 

personally be liable for action taken by them in their official capacity.

2. Except as specifically provided in this compact, nothing in this 

compact shall be construed to alter the incidence of liability of any kind 

for any act, omission, course of conduct, or on account of any casual or 

other relationships. Generators and transporters of wastes and owners and 

Audit report.

Grants.

Report.

Exports.

Prohibition.

Prohibition.
322 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

operators of sites shall be liable for their acts, omissions, conduct, or 

relationships in accordance with all laws relating thereto.

Article V–Development and Operation of

Facilities

A. Any party state which becomes a host state in which a regional 

facility is operated shall not be designated by the Compact Commission 

as a host state for an additional regional facility until each party state has 

fulfilled its obligation, as determined by the Commission, to have a 

regional facility operated within its borders.

B. A host state desiring to close a regional facility located within its 

borders may do so only after notifying the Commission in writing of its 

intention to do so and the reasons therefor. Such notification shall be 

given to the Commission at least four years prior to the intended date of 

closure.

Notwithstanding the four-year notice requirement herein provided, a host 

state is not prevented from closing its facility or establishing conditions 

of its use and operations as necessary for the protection of the health and 

safety of its citizens. A host state may terminate or limit access to its 

regional facility if it determines that Congress has materially altered the 

conditions of this compact.

C. Each party state designated as a host state for a regional facility 

shall take appropriate steps to ensure that an application for a license to 

construct and operate a facility of the designated type is filed with and 

issued by the appropriate authority.

D. No party state shall have any form of arbitrary prohibition on the 

treatment, storage, or disposal of low-level radioactive waste within its 

borders.

E.4 No party state shall be required to operate a regional facility for 

longer than a 20-year period, or to dispose of more than 32,000,000 cubic 

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 of Congress or 

diminish or otherwise impair the jurisdiction of any federal agency 

expressly conferred thereon by the Congress.

(2) Abrogate or limit the regulatory responsibility and authority of 

the U.S. Nuclear Regulatory Commission or of an agreement state 

under section 274 of the Atomic Energy Act of 1954 in which a 

regional facility is located.

(3) Make inapplicable to any person or circumstance any other 

law of a party state which is not inconsistent with this compact.

(4) Make unlawful the continued development and operation of 

any facility already licensed for development or operation on the date 

this compact becomes effective, except that any such facility shall 

comply with Article 3, Article 4, and Article 5 and shall be subject to 

any action lawfully taken pursuant thereto.

––––––––

4 Added by P.L. 101–171, 103 Stat. 1289 (1989).

Health.

Safety.

Prohibition.

Prohibition.

42 USC 2021.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 323

(5) Prohibit any storage or treatment of waste by the generator on 

its own premises.

(6) Affect any judicial or administrative proceeding pending on 

the effective date of this compact.

(7) Alter the relations between, and the respective internal 

responsibilities of, the government of a party state and its 

subdivisions.

(8) Affect the generation, treatment, storage, or disposal of waste 

generated by the atomic energy defense activities of the Secretary of 

the United States Department of Energy or federal research and 

development activities as defined in Public Law 96-573.

(9) Affect the rights and powers of any party state and its political 

subdivisions to regulate and license any facility within its borders or 

to affect the rights and powers of any party state and its political

subdivisions to tax or impose fees on the waste managed at any 

facility within its borders.

B. No party shall pass any law or adopt any regulation which is 

inconsistent with this compact. To do so may jeopardize the membership 

status of the party state.

C. Upon formation of the compact no law or regulation of a party 

state or of any subdivision or instrumentality thereof may be applied so 

as to restrict or make more inconvenient access to any regional facility by 

the generators of another party state than for the generators of the state 

where the facility is situated.

D. Restrictions of waste management of regional facilities pursuant to 

Article 4 shall be enforceable as a matter of state law.

Article VII–Eligible Parties; Withdrawal; Revocation; Entry Into 

Force; Termination

A. This compact shall have as initially eligible parties the States of 

Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, 

Tennessee, and Virginia.

B. Any state not expressly declared eligible to become a party state to 

this compact in section (A) of this Article may petition the Commission, 

once constituted, to be declared eligible. The Commission may establish 

such conditions as it deems necessary and appropriate to be met by a 

state wishing to become eligible to become a party state to this compact 

pursuant to such provisions of this section. Upon satisfactorily meeting 

the conditions and upon the affirmative vote of two-thirds of the 

Commission, including the affirmative vote of both representatives of a 

host state in which any affected regional facility is located, the 

petitioning state shall be eligible to become a party state to this compact 

and may become a party state in the manner as those states declared 

eligible in section (a) of this Article.

C. Each state eligible to become a party state to this compact shall be

declared a party state upon enactment of this compact into law by the 

state and upon payment of the fees required by Article 4(H)(1). The 

Commission is the judge of the qualifications of the party states and of its 

members and of their compliance with the conditions and requirements 

of this compact and the laws of the party states relating to the enactment 

of this compact.

D. 1. The first three states eligible to become party states to this 

compact which enact this compact into law and appropriate the fees 

required by Article 4(H)(1) shall immediately, upon the appointment of 

Prohibition.

42 USC 2021b 

note.

Research and 

development.

Prohibition.

Regulation.

Prohibition.

Regulation.

Alabama.

Florida.

Georgia.

Mississippi.

North Carolina.

South Carolina.

Tennessee.

Virginia.
324 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

their Commission members, constitute themselves as the Southeast LowLevel Radioactive Waste Management Commission; shall cause 

legislation to be introduced in Congress which grants the consent of 

Congress to this compact; and shall do those things necessary to organize 

the commission and implement the provisions of this compact.

2. All succeeding states eligible to become party states to this 

compact shall be declared party states pursuant to the provisions of 

section (C) of this Article.

3. The consent of Congress shall be required for the full 

implementation of this compact. The provisions of Article 5, section 

(D) shall not become effective until the effective date of the import 

ban authorized by Article 4, section (L) as approved by Congress. 

Congress may by law withdraw its consent only every five years.

E. No state which holds membership in any other regional compact 

for the management of low-level radioactive waste may be considered by 

the Compact Commission for eligible state status or party state status.

F. Any party state which fails to comply with the provisions of this 

compact or to fulfill the obligations incurred by becoming a party state to 

this compact may be subject to sanctions by the Commission, including 

suspension of its rights under this compact and revocation of its status as 

a party state. Any sanction shall be imposed only upon the affirmative 

vote of at least two-thirds of the Commission members. Revocation of 

party state status may take effect on the date of the meeting at which the 

Commission approves the resolution imposing such sanction, but in no 

event shall revocation take effect later than ninety days from the date of 

such meeting. Rights and obligations incurred by being declared a party 

state to this compact shall continue until the effective date of the sanction 

imposed or as provided in the resolution of the Commission imposing the 

sanction.

The Commission must, as soon as practicable after the meeting at 

which a resolution revoking status as a party state is approved, provide 

written notice of the action, along with a copy of the resolution, to the 

Governors, the Presidents of the Senates, and the Speakers of the Houses 

of Representatives of the party states, as well as chairmen of the 

appropriate committees of Congress.

G. Subject to the provisions of Article 7, section H., any party state 

may withdraw from the compact by enacting a law repealing the 

compact, provided that if a regional facility is located within such state, 

such regional facility shall remain available to the region for four years 

after the date the Commission receives verification in writing from the 

Governor of such party state of the rescission of the Compact. The 

Commission, upon receipt of the verification, shall as soon as practicable 

provide copies of such verification to the Governor, the presidents of the 

Senates, and the Speakers of the Houses of Representatives of the party 

states as well as the chairmen of the appropriate committees of the 

Congress.5

H. The right of a party state to withdraw pursuant to section G. shall 

terminate thirty days following the commencement of operation of the 

second host state disposal facility. Thereafter a party state may withdraw 

only with the unanimous approval of the Commission and with the 

consent of Congress.

––––––––

5 Amended by P.L. 101–171, 103 Stat. 1290 (1989).

Effective date.

Prohibition.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 325

For purposes of this section, the low-level radioactive waste disposal 

facility located in Barnwell County, South Carolina shall be considered 

the first host state disposal facility.6

I.7

 This compact may be terminated only by the affirmative action of 

the Congress or by rescission of all laws enacting the compact in each 

party state.

Article VIII–Penalties

A. Each party state, consistently with its own law, shall prescribe and 

enforce penalties against any person not an official of another state for 

violation of any provisions of this compact.

B. Each party state acknowledges that the receipt by a host state of 

waste packaged or transported in violation of applicable laws and 

regulations can result in the imposition of sanctions by the hose state 

which may include suspension or revocation of the violator’s right of 

access to the facility in the host state.

Article IX–Severability and Construction

The provisions of this compact shall be severable and if any phrase, 

clause, sentence, or provision of this compact is declared by a court of 

competent jurisdiction to be contrary to the Constitution, of any 

participating state or of the United States, or the applicability thereof to 

any government, agency, person, or circumstance is held invalid, the 

validity of the remainder of this compact and the applicability thereof to 

any other government, agency, person, or circumstance shall not be 

affected thereby. If any provision of this compact shall be held contrary 

to the Constitution of any State participating therein, the compact shall 

remain in full force and effect as to the state affected as to all severable 

matters. The provisions of this compact shall be liberally construed to 

give effect to the purposes thereof.

Sec. 224. Central Midwest Interstate Low-Level Radioactive Waste 

Compact

In accordance with section 4(a)(2) of the Low-Level Radioactive 

Waste Policy Act (42 USC 2021d(a)(2)), the consent of the Congress 

hereby is given to the States of Illinois and Kentucky to enter into the 

Central Midwest Interstate Low-Level Radioactive Waste Compact. Such 

compact is substantially as follows:

Central Midwest Interstate Low-Level Radioactive Waste Compact

Article I–Policy and Purpose

There is created the Central Midwest Interstate Low-Level Radioactive 

Waste Compact.

The states party to this compact recognize that the Congress of the 

United States, by enacting the Low-Level Radioactive Waste Policy Act 

(42 USC 2021), has provided for and encouraged the development of 

low-level radioactive waste compacts as a tool for managing such waste. 

The party states also recognize that the management of low-level 

––––––––

6 Amended by P.L. 101–171, 103 Stat. 1290 (1989). 7 Added by P.L. 101–171, 103 Stat. 1290 (1989).

South Carolina.

Regulation.

Provisions held 

invalid.

42 USC 2021d

note.

Illinois.

Kentucky.

42 USC 2021b 

note.
326 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

radioactive waste is handled most efficiently on a regional basis; and, 

that the safe and efficient management of low-level radioactive waste 

generated within the region requires that sufficient capacity to manage 

such waste be properly provided.8

a) It is the policy of the party states to enter into a regional low-level 

radioactive waste management compact for the purpose of:

1) providing the instrument and the framework for a cooperative 

effort;

2) providing sufficient facilities for the proper management of 

low-level radioactive waste generated in the region;

3) protecting the health and safety of the citizens of the region;

4) limiting the number of facilities required to manage low-level 

radioactive waste generated in the region effectively and efficiency;

5) promoting the volume and source reduction of low-level 

radioactive waste generated in the region;

6) distributing the costs, benefits and obligations of successful 

low-level radioactive waste management equitably among the party 

states and among generators and other persons who use regional 

facilities to manage their waste;

7) ensuring the ecological and economical management of lowlevel radioactive waste, including the prohibition of shallow-land 

burial of waste; and

8) promoting the use of above-ground facilities and other disposal 

technologies providing greater and safer confinement of low-level 

radioactive waste than shallow-land burial facilities.

b) Implicit in the Congressional consent to this compact is the 

expectation by the Congress and the party states that the appropriate 

federal agencies will actively assist the Compact Commission and the 

individual party states to this compact by:

1) expeditious enforcement of federal rules, regulations and laws;

2) imposition of sanctions against those found to be in violation of 

federal rules, regulations and laws; and

3) timely inspection of their licensees to determine their 

compliance with these rules, regulations and laws.

Article II–Definitions

As used in this compact, unless the context clearly requires a different 

construction:

a) “Commission” means the Central Midwest Interstate Low-Level 

Radioactive Waste Commission.

b) “Decommissioning” means the measures taken at the end of a 

facility’s operating life to assure the continued protection of the public 

from any residual radioactivity or other potential hazards present at a 

facility.

c) “Disposal” means the isolation of waste from the biosphere in a 

permanent facility designed for that purpose.

d) “Eligible” state means either the State of Illinois or the 

Commonwealth of Kentucky.

e) “Extended care” means the continued observation of a facility after 

closure for the purpose of detecting a need for maintenance, ensuring 

environmental safety, and determining compliance with applicable 

––––––––

8 Amended by P.L. 103–439, 108 Stat. 4607 (1994).

Health.

Safety.

Regulations.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 327

licensure and regulatory requirements and includes undertaking any 

action or clean-up necessary to protect public health and the environment 

from radioactive releases from a regional facility.

f) “Facility” means a parcel of land or site, together with the 

structures, equipment and improvements on or appurtenant to the land or 

site, which is used or is being developed for the treatment, storage or 

disposal of low-level radioactive waste.

g) “Generator” means a person who produces or possesses low-level 

radioactive waste in the course of or incident to manufacturing, power 

generation, processing medical diagnosis and treatment, research, or 

other industrial or commercial activity and who, to the extent required by 

law, is licensed by the U. S. Nuclear Regulatory Commission or a party 

state, to produce or possess such waste.

h) “Host state” means any party state that is designated by the 

Commission to host a regional facility, provided that a party state with a 

total volume of waste recorded on low-level radioactive waste manifests 

for any year that is less than 10 percent of the total volume recorded on 

such manifests for the region during the same year shall not be 

designated a host state.

i) “Institutional control” means those activities carried out by the host 

state to physically control access to the disposal site following transfer of 

control of the disposal site from the disposal site operator to the state or 

federal government. These activities must include, but need not be 

limited to, environmental monitoring, periodic surveillance, minor 

custodial care, and other necessary activities at the site as determined by 

the host state, and administration of funds to cover the costs for these 

activities. The period of institutional control will be determined by the 

host state, but institutional control may not be relied upon for more than 

100 years following transfer of control of the disposal site to the state or 

federal government.

j) “Long-term liability” means the financial obligation to compensate 

any person for medical and other expenses incurred from damages to 

human health, personal injuries suffered from damages to human health 

and damages or losses to real or personal property, and to provide for the 

costs for accomplishing any necessary corrective action or clean-up on 

real or personal property caused by radioactive releases from a regional 

facility.

k) “Low-level radioactive waste” or “waste” means radioactive waste 

not classified as (1) high-level radioactive waste, (2) transuranic waste, 

(3) spent nuclear fuel, or (4) by-product material as defined in section 

11e.(2) of the Atomic Energy Act of 1954. This definition shall apply 

notwithstanding any declaration by the federal government, a state or any 

regulatory agency that any radioactive material is exempt from any 

regulatory control.9

1) “Management plan” means the plan adopted by the Commission 

for the storage, transportation, treatment and disposal of waste within 

the region.

m) “Manifest” means a shipping document identifying the generator 

of waste, the volume of waste, the quantity of radionuclides in the 

shipment, and such other information as may be required by the 

appropriate regulatory agency.

––––––––

9 Amended by P.L. 103–439, 108 Stat. 4608 (1994).

42 USC 2014.
328 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

n) “Party state” means any eligible state which enacts the compact 

into law and pays the membership fee.

o) “Person” means any individual, corporation, business enterprise or 

other legal entity, either public or private, and any legal successor, 

representative, agent or agency of that individual, corporation, business 

enterprise, or legal entity.

p) “Region” means the geographical area of the party states.

q) “Regional facility” means any facility as defined in Article II(f) 

that is (1) located within the region, and (2) established by a party state 

pursuant to designation of that state as a host state by the Commission.10

r) “Shallow-land burial” means a land disposal facility in which 

radioactive waste is disposed of in or within the upper 30 meters of the 

earth’s surface; however, this definition shall not include an enclosed, 

engineered, strongly structurally enforced and solidified bunker that 

extends below the earth’s surface.

s) “Site” means the geographic location of a facility.

t) “Source reduction” means those administrative practices that 

reduce the radionuclide levels in low-level radioactive waste or that 

prevent the generation of additional low-level radioactive waste.

u) “State” means a state of the United States, the District of 

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any 

other territorial possession of the United States.

v) “Storage” means the temporary holding of waste for treatment or 

disposal.

w) “Treatment” means any method, technique or process, including 

storage for radioactive decay, designed to change the physical, chemical 

or biological characteristics or composition of any waste in order to 

render the waste safer for transport or management, amenable to 

recovery, convertible to another usable material or reduced in volume.

x) “Volume reduction” means those methods including, but not 

limited to, biological, chemical, mechanical and thermal methods used to 

reduce the amount of space that waste materials occupy and to put them 

into a form suitable for storage or disposal.

y) “Waste management” means the source and volume reduction, 

storage, transportation, treatment or disposal of waste.

Article III–The Commission

a) There is created the Central Midwest Interstate Low-Level 

Radioactive Waste Commission. Upon the eligible states becoming party 

states, the Commission shall consist of two voting Commissioners from 

each state eligible to be designated a host state under Article VI(b), one 

voting Commissioner from any other party state, and for each regional 

facility, one non-voting Commissioner who is an elected official of local 

government and a resident of the county where that regional facility is 

located. The Governor of each party state shall notify the Commission in 

writing of its Commissioners and any alternates.11

b) Each voting Commissioner is entitled to one vote. No action of the 

Commission is binding unless a majority of the voting membership casts 

its vote in the affirmative. In addition, no agreement by the Commission

under Article III(i)(1), Article III(i)(2), or Article III(i)(3) is valid unless 

––––––––

10 Amended by P.L. 103–439, 108 Stat. 4608 (1994). 11 Amended by P.L. 103–439, 108 Stat. 4608 (1994).

Central 

Midwest 

Interstate LowLevel 

Radioactive 

Waste 

Commission 

establishment.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 329

all voting Commissioners from the party state in which the facility where 

waste would be sent cast their votes in the affirmative.12

c) The Commission shall elect annually from among its members a 

chairperson. The Commission shall adopt and publish, in convenient 

form, by-laws and policies that are not inconsistent with this compact, 

including procedures that conform with the provisions of the Federal 

Administrative Procedure Act (5 USC ss. 500 to 559) to the greatest 

extent practicable in regard to notice, conduct and recording of meetings; 

access by the public to records; provision of information to the public; 

conduct of adjudicatory hearings; and issuance of decisions.

d) The Commission shall meet at least once annually and shall also 

meet upon the call of any voting Commissioner.13

e) All meetings of the Commission and its designated committees 

shall be open to the public with reasonable advance notice. The 

Commission may, by majority vote, close a meeting to the public for the 

purpose of considering sensitive personnel or legal strategy matters. 

However, all Commission actions and decisions shall be made in open 

meetings and appropriately recorded. A roll call may be required upon 

request of any voting Commissioner.14

f) The Commission may establish advisory committees for the 

purpose of advising the Commission on any matters pertaining to waste 

management, waste generation and source and volume reduction.

g) The Office of the Commission shall be in Illinois. The 

Commission may appoint or contract for and compensate such staff 

necessary to carry out its duties and functions. The staff shall serve at the 

Commission’s pleasure with the exception that staff hired as the result of 

securing federal funds shall be hired and governed under applicable 

federal statutes and regulations. In selecting any staff, the Commission 

shall assure that the staff has adequate experience and formal training to 

carry out the functions assigned to it by the Commission.15

h) All files, records and data of the Commission shall be open to 

reasonable public inspection and may be copied upon payment of 

reasonable fees to be established where appropriate by the Commission, 

except for information privileged against introduction in judicial 

proceedings. Such fees may be waived or shall be reduced substantially 

for not-for-profit organizations.

i) The Commission may:

1) Enter into an agreement with any person to allow waste 

from outside the region to be disposed of at facilities in the region. 

However, no such agreement shall be effective unless and until 

ratified by a law enacted by the party state to which the waste would 

be sent for disposal.

2) Enter into an agreement with any person to allow waste 

described in Article VII(a)(6) to be treated, stored, or disposed of at 

regional facilities. However, no such agreement shall be effective 

unless and until ratified by a law enacted by the host state of the 

regional facility to which the waste would be sent for treatment, 

storage, or disposal.

––––––––

12 Amended by P.L. 103–439, 108 Stat. 4608 (1994). 13 Amended by P.L. 103–439, 108 Stat. 4608 (1994). 14 Amended by P.L. 103–439, 108 Stat. 4608 (1994). 15 Amended by P.L. 103–439, 108 Stat. 4608 (1994).

Public 

information.

Public 

inspection.

Records.

Contracts.

Prohibitions.
330 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

3) Enter into an agreement with any person to allow waste 

from outside the region to be treated or stored at facilities in the 

region. 

However, any such agreement shall be revoked as a matter of law if,

within one year of the effective date of the agreement, a law is 

enacted ordering such revocation by the party state to which the waste 

would be sent for treatment or storage.

4) Approve, or enter into an agreement with any person for, 

the export of waste from the region.

5) Approve the disposal of waste generated within the region 

at a facility in the region other than a regional facility, subject to the 

limitations of Articles V(f) and VII(a)(6).

6) Require that waste generated within the region be treated or 

stored at available regional facilities, subject to the limitations of 

Articles V(f), VII(a)(3) and VII(a)(6).

7) Appear as an intervenor or party in interest before any court 

of law or any federal, state or local agency, board or commission in 

any matter related to waste management. In order to represent its 

views, the Commission may arrange for any expert testimony, 

reports, evidence or other participation.

8) Review the emergency closure of a regional facility, 

determine the appropriateness of that closure, and take whatever 

actions are necessary to ensure that the interests of the region are 

protected, provided that a party state with a total volume of waste 

recorded on low-level radioactive waste manifests for any year that is 

less than 10 percent of the total volume recorded on such manifests 

for the region during the same year shall not be designated a host 

state or be required to store the region’s waste. In determining the 10 

percent exclusion, there shall not be included waste recorded on lowlevel radioactive waste manifests by a person whose principal 

business is providing a service by arranging for the collection, 

transportation, treatment, storage or disposal of such waste.

9) Take any action which is appropriate and necessary to 

perform its duties and functions as provided in this compact.

10) Suspend the privileges or revoke the membership of a 

party state.16

j) The Commission shall:

1) Submit within 10 days of its execution to the governor and 

the appropriate officers of the legislative body of the party state in 

which any affected facility is located a copy of any agreement entered 

into by the Commission under Article III(i)(1), Article III(i)(2) or 

Article III(i)(3).

2) Submit an annual report to, and otherwise communicate 

with, the governors and the appropriate officers of the legislative 

bodies of the party states regarding the activities of the Commission.

The annual report shall include a description of the status of the 

activities taken pursuant to any agreement entered into by the 

Commission under Article III(i)(1), Article III(i)(2) or Article III(i)(3) 

and any violation of any provision thereof, and a description of the 

source, volume, activity, and current status of any waste from outside 

the region or waste described under Article VII(a)(6) that was treated, 

stored, or disposed of in the region in the previous year.

––––––––

16 Amended by P.L. 103–439, 108 Stat. 4609 (1994).

Reports.

Prohibition.

Report.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 331

3) Hear, negotiate, and, as necessary, resolve by final decision 

disputes which may arise between the party states regarding this 

compact.

4) Adopt and amend, as appropriate, a regional management 

plan that plans for the establishment of needed regional facilities.

5) Adopt an annual budget.17

k) Funding of the budget of the Commission shall be provided as 

follows:

1) Each state, upon becoming a party state, shall pay $50,000 

to the Commission which shall be used for the administrative costs of 

the Commission.

2) Each state hosting a regional facility shall levy surcharges 

on each user of the regional facility based upon its portion of the total 

volume and characteristics of wastes managed at that facility. The 

surcharges collected at all regional facilities shall:

A) be sufficient to cover the annual budget of the 

Commission; and

B) be paid to the Commission, provided, however, that each 

host state collecting surcharges may retain a portion of the 

collection sufficient to cover its administrative costs of 

collection.

l) The Commission shall keep accurate accounts of all receipts and 

disbursements. The Commission shall contract with an independent 

certified public accountant to annually audit all receipts and 

disbursements of Commission funds and to submit an audit report to the 

Commission. The audit report shall be made a part of the annual report of 

the Commission required by this Article.

m) The Commission may accept for any of its purposes and functions 

and may utilize and dispose of any donations, grants of money, 

equipment, supplies, materials and services from any state or the United 

States (or any subdivision or agency thereof), or interstate agency, or 

from any institution, person, firm or corporation. The nature, amount and 

condition, if any, attendant upon any donation or grant accepted or 

received by the Commission together with the identity of the donor, 

grantor, or lender, shall be detailed in the annual report of the 

Commission. The Commission shall establish guidelines for the 

acceptance of donations, grants, equipment, supplies, materials and 

services and shall review such guidelines annually.

n) The Commission is not liable for any costs associated with any of 

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 of any facility; 

or

6) the transportation of waste to any facility.

o) The Commission is a legal entity separate and distinct from the 

party states and is liable for its actions as a separate and distinct legal 

entity. Commissioners are not personally liable for actions taken by them 

in their official capacity.18

––––––––

17 Amended by P.L. 103–439, 108 Stat. 4609 (1994). 18 Amended by P.L. 103–439, 108 Stat. 4610 (1994).

Audit.

Contracts.

Reports.

Grants.

Report.

Transportation.
332 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

p) Except as provided under Article III(n), Article III(o), Article 

VI(p) and Article VI(q), nothing in this compact alters liability for any 

action, omission, course of conduct or liability resulting from any causal 

or other relationships.19

q) Any person aggrieved by a final decision of the Commission, 

which adversely affects the legal rights, duties or privileges of such 

person, may petition a court of competent jurisdiction, within 60 days 

after the Commission’s final decision, to obtain judicial review of said 

final decision.

Article IV–Regional Management Plan

The Commission shall adopt a regional management plan designed to 

ensure the safe and efficient management of waste generated within the 

region. In adopting a regional waste management plan the Commission 

shall:

a) Adopt procedures for determining, consistent with considerations 

of public health and safety, the type and number of regional facilities 

which are presently necessary and which are projected to be necessary to 

manage waste generated within the region.

b) Develop and adopt policies promoting source and volume 

reduction of waste generated within the region.

c) Develop alternative means for the treatment, storage and disposal 

of waste, other than shallow-land burial or underground injection well.

d) Prepare a draft regional management plan that shall be made 

available in a convenient form to the public for comment. The 

Commission shall conduct one or more public hearings in each party 

state prior to the adoption of the regional management plan. The regional 

management plan shall include the Commission’s response to public and 

party state comment.

Article V–Rights and Obligations of Party States

a) Each party state shall act in good faith in the performance of acts 

and courses of conduct which are intended to ensure the provision of 

facilities for regional availability and usage in a manner consistent with 

this compact.

b) Other than the provisions of Article V(f) and VII(a)(6), each party 

state has the right to have all wastes generated within borders managed at 

regional facilities. This right shall be subject to the provisions of this 

Compact. All party states have an equal right of access to any facility 

outside the region made available to the region by any agreement entered 

into by the Commission pursuant to Article III(i)(4).20

c) Party states or generators may negotiate for the right of access to a 

facility outside the region and may export waste outside the region 

subject to Commission approval under Article III(i)(4).21

––––––––

19 Amended by P.L. 103–439, 108 Stat. 4610 (1994). 20 Amended by P.L. 103–439, 108 Stat. 4610 (1994). 21 Amended by P.L. 103–439, 108 Stat. 4610 (1994).

Health.

Safety.

Exports.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 333

d) To the extent permitted by federal law, each party state may 

enforce any applicable federal and state laws, regulations and rules 

pertaining to the packaging and transportation of waste generated within 

or passing through its borders. Nothing in this Section shall be construed 

to require a party state to enter into any agreement with the U. S. Nuclear 

Regulatory Commission.

e) Each party state shall provide to the Commission any data and 

information the Commission requires to implement its responsibilities. 

Each party state shall establish the capability to obtain any data and 

information required by the Commission.

f) Waste originating from the Maxey Flats nuclear waste disposal site 

in Fleming County, Kentucky shall not be shipped to any facility in 

Illinois for storage, treatment or disposal. Disposition of these wastes 

shall be the sole responsibility of the Commonwealth of Kentucky and 

such waste shall not be subject to the provisions of Articles IX(b)(3) and 

(4) of this compact.22

Article VI–Development and Operation of Facilities

a) Any party state may volunteer to become a host state, and the 

Commission may designate that state as a host state.

b) If all regional facilities required by the regional management plan 

are not developed pursuant to Article VI(a), or upon notification that an 

existing regional facility will be closed, the Commission may designate a 

party state as a host state. A party state shall not be designated as a host 

state for any regional facility under this Article VI(b) unless that state’s 

total volume of waste recorded on low-level radioactive waste manifests 

for any year is more than 10% of the total volume recorded on such 

manifests for the region during the same year. In determining the 10% 

exclusion, there shall not be included waste recorded on low-level 

radioactive waste manifests by a person whose principal business is 

providing a service by arranging for the collection, transportation, 

treatment, storage or disposal of such waste, or waste described in Article 

VII(a)(6).23

c) Each party state designated as host state is responsible for 

determining possible facility locations within its borders. The selection of 

a facility site shall not conflict with applicable federal and host state 

laws, regulations and rules not inconsistent with this compact and shall 

be based on factors including, but not limited to, geological, 

environmental, engineering and economic viability of possible facility 

locations.24

d) Any party state designated as a host state may request the 

Commission to relieve that state of the responsibility to serve as a host 

state. The Commission may relieve a party state of this responsibility 

upon a showing by the requesting party state that no feasible potential 

regional facility site of the type it is designated to host exists within its 

borders or for other good cause shown and consistent with the purposes 

of this Compact.25

––––––––

22 Amended by P.L. 103–439, 108 Stat. 4610 (1994). 23 Amended by P.L. 103–439, 108 Stat. 4610 (1994). 24 Repealed by P.L. 103–439, 108 Stat. 4611 (1994), and redesignated section d to 

section c. 25 Amended by P.L. 103–439, 108 Stat. 4611 (1994), redesignating section e to 

section d.

Contracts.

Prohibition.

Regulations.

Transportation.

Kentucky.

Prohibition.

Prohibition.
334 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

e) After a state is designated a host state by the Commission, it is 

responsible for the timely development and operation of a regional 

facility.26

f) To the extent permitted by federal and state law, a host state shall 

regulate and license any facility within its borders and ensure the 

extended care of that facility.27

g) The Commission may designate a party state as a host state while a 

regional facility is in operation if the Commission determines that an 

additional regional facility is or may be required to meet the needs of the 

region.28

h) Designation of a host state is for a period of 20 years or the life of 

the regional facility which is established under that designation, 

whichever is shorter. Upon request of a host state, the Commission may 

modify the period of its designation.29

i) A host state may establish a fee system for any regional facility 

within its borders. The fee system shall be reasonable and equitable. This 

fee system shall provide the host state with sufficient revenue to cover 

any costs including, but not limited to, the planning, siting, licensing, 

operation, pre-closure corrective action or clean-up, monitoring, 

inspection, decommissioning, extended care and long-term liability, 

associated with such facilities. This fee system may provide for payment 

to units of local government affected by a regional facility for costs 

incurred in connection with such facility. This fee system may also 

include reasonable revenue beyond the costs incurred for the host state, 

subject to approval by the Commission. The fee system shall include 

incentives for source or volume reduction and may be based on the 

hazard of the waste. A host state shall submit an annual financial audit of

the operation of the regional facility to the Commission.30

j) A host state shall ensure that a regional facility located within its 

borders which is permanently closed is properly decommissioned.

A host state shall also provide for the extended care of a closed or 

decommissioned regional facility within its borders so that the public 

health and safety of the state and region are ensured, unless, pursuant to 

the federal Nuclear Waste Policy Act of 1982, the federal government 

has assumed title and custody of the regional facility and the federal 

government thereby has assumed responsibility to provide for the 

extended care of such facility.31

k) A host state intending to close a regional facility located within its 

borders shall notify the Commission in writing of its intention and the 

reasons. Notification shall be given to the Commission at least five years 

prior to the intended date of closure. This Section shall not prevent an 

emergency closing of a regional facility by a host state to protect its air, 

land and water resources and the health and safety of its citizens. 

However, a host state which has an emergency closing of a regional 

facility shall notify the Commission in writing within 3 working days of 

its action and shall, within 30 working days of its action, demonstrate 

justification for the closing.32

––––––––

26 Amended by P.L. 103–439, 108 Stat. 4612 (1994), redesignating section f to e. 27 Amended by P.L. 103–439, 108 Stat. 4612 (1994), redesignating section g to f. 28 Amended by P.L. 103–439, 108 Stat. 4612 (1994), redesignating section h to g. 29 Amended by P.L. 103–439, 108 Stat. 4612 (1994), redesignating section i to h. 30 Amended by P.L. 103–439, 108 Stat. 4612 (1994), redesignating section j to i. 31 Amended by P.L. 103–439, 108 Stat. 4612 (1994), redesignating section k to j. 32 Amended by P.L. 103–439, 108 Stat. 4611 (1994), and redesignated it as section k.

42 USC 10101

note.

Health.

Safety.

Environmental

protection.

Health.

Prohibition.

Safety.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 335

l) If a regional facility closes before an additional or new facility 

becomes operational, waste generated within the region may be shipped 

temporarily to any location agreed on by the Commission until a regional 

facility is operational, provided that the region’s waste shall not be stored 

in a party state with a total volume of waste recorded on low-level 

radioactive waste manifests for any year which is less than 10% of the 

total volume recorded on the manifests for the region during the same 

year. In determining the 10% exclusion, there shall not be included waste 

recorded on low-level radioactive waste manifests by a person whose 

principal business is providing a service by arranging for the collection, 

transportation, treatment, storage or disposal of such waste, or waste 

described in Article VII(a)(6).33

m) A party state which is designated as a host state by the 

Commission and fails to fulfill its obligations as a host state may have its 

privileges under the compact suspended or membership in the compact 

revoked by the Commission.34

n) The host state shall create an “Extended Care and Long-Term 

Liability Fund” and shall allocate sufficient fee revenues, received 

pursuant to Article VI(i), to provide for the costs of:

1) decommissioning and other procedures required for the proper 

closure of a regional facility;

2) monitoring, inspection and other procedures required for the 

proper extended care of a regional facility;

3) undertaking any corrective action or clean-up necessary to 

protect human health and the environment from radioactive releases 

from a regional facility; and

4) compensating any person for medical and other expenses 

incurred from damages to human health, personal injuries suffered 

from damages to human health and damages or losses to real or 

personal property, and accomplishing any necessary corrective action 

or clean-up on real or personal property caused by radioactive 

releases from a regional facility; the host state may allocate monies 

in this Fund in amounts as it deems appropriate to purchase insurance 

or to make other similar financial protection arrangements consistent 

with the purposes of this Fund; this Article VI(n) shall in no manner 

limit the financial responsibilities of the site operator under Article 

VI(o), the party states under Article VI(p), or any person who sends 

waste to a regional facility, under Article VI(q).35

o) The operator of a regional facility shall purchase an amount of 

property and third-party liability insurance deemed appropriate by the 

host state, pay the necessary periodic premiums at all times and make 

periodic payments to the Extended Care and Long-Term Liability Fund 

as set forth in Article VI(n) for such amounts as the host state reasonably 

determines is necessary to provide for future premiums to continue such 

insurance coverage, in order to pay the costs of compensating any person 

for medical and other expenses incurred from damages to human health, 

personal injuries suffered from damages to human health and damages or 

losses to real or personal property, and accomplishing any necessary 

corrective action or clean-up on real or personal property caused by 

radioactive releases from a regional facility. In the event of such costs 

––––––––

33 Amended by P.L. 103–439, 108 Stat. 4611 (1994), and redesignated it as section l. 34 Amended by P.L. 103–439, 108 Stat. 4612 (1994), redesignating section n as 

section m. 35 Amended by P.L. 103–439, 108 Stat. 4611 (1994), and redesignated it as section n.

Prohibition.

Transportation.

Environmental.

Health.

Protection.

Contracts.

Gifts and 

property.

Health.

Insurance.

Health.

Real property.

Insurance.
336 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

resulting from radioactive releases from a regional facility, the host state 

should, to the maximum extent possible, seek to obtain monies from such 

insurance prior to using monies from the Extended Care and Long-Term 

Liability Fund.36

p) All party states shall be liable for the cost of extended care and 

long-term liability in excess of monies available from the Extended Care 

and Long-Term Liability Fund, as set forth in Article VI(n) and from the 

property and third-party liability insurance as set forth in Article VI(o). A 

party state may meet such liability for costs by levying surcharges upon 

generators located in the party state. The extent of such liability shall be 

based on the proportionate share of the total volume of waste placed in 

the regional facility by generators located in each such party state. Such 

liability shall be joint and several among the party states with a right of 

contribution between the party states. However, this Section shall not 

apply to a party state with a total volume of waste recorded on low-level 

radioactive waste manifests for any year that is less than 10% of the total 

volume recorded on such manifests for the region during the same year.37

q)38 Any person who sends waste from outside the region or waste 

described in Article VII(a)(6) for treatment, storage or disposal at a 

regional facility shall be liable for the cost of extended care and longterm liability of that regional facility in excess of the monies available 

from the Extended Care and Long-Term Liability Fund as set forth in 

Article VI(n) and from the property and third-party liability insurance as 

set forth in Article VI(o). The extent of the liability for the person shall 

be based on the proportionate share of the total volume of waste sent by 

that person to the regional facility.

Article VII–Other Laws and Regulations

a) Nothing in this compact:

1) abrogates or limits the applicability of any act of Congress or 

diminishes or otherwise impairs the jurisdiction of any federal agency 

expressly conferred thereon by the Congress;

2) prevents the enforcement of any other law of a party state 

which is not inconsistent with this compact;

3) prohibits any storage or treatment of waste by the generator on 

its own premises;

4) affects any administrative or judicial proceeding pending on the 

effective date of this compact;

5) alters the relations between the respective internal 

responsibility of the government of a party state and its subdivisions;

6) establishes any right to the treatment, storage or disposal at any 

facility in the region or provides any authority to prohibit export from 

the region of waste that is owned or generated by the United States 

Department of Energy, owned or generated by the United States Navy 

as a result of the decommissioning of vessels of the United States 

Navy, or owned or generated as the result of any research, 

development, testing or production of any atomic weapon; or.39

––––––––

36 Amended by P.L. 103–439, 108 Stat. 4612 (1994), and redesignated it as section o. 37 Amended by P.L. 103–439, 108 Stat. 4612 (1994), and redesignated it as section p. 38 Added by P.L. 103–439, 108 Stat. 4612 (1994). 39 Amended by P.L. 103–439, 108 Stat. 4613 (1994).

Contracts.

Prohibition.

Prohibitions.

Research and 

development.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 337

7) affects the rights and powers of any party state or its political 

subdivisions, to the extent not inconsistent with this compact, to 

regulate and license any facility or the transportation of waste within 

its borders or affects the rights and powers of any state or its political 

subdivisions to tax or impose fees on the waste managed at any 

facility within its borders;

8) requires a party state to enter into an agreement with the U. S. 

Nuclear Regulatory Commission; or

9) alters or limits liability of transporters of waste and owners and 

operators of sites for their acts, omissions, conduct or relationships in 

accordance with applicable laws.

b) For purposes of this compact, all state laws or parts of laws in 

conflict with this compact are hereby superseded to the extent of the 

conflict.

c) No law, rule, regulation, fee or surcharge of a party state, or of any 

of its subdivisions or instrumentalities, may be applied in a manner 

which discriminates against the generators of another party state.

d) No person who provides a service by arranging for collection, 

transportation, treatment, storage or disposal of waste from outside the 

region shall be allowed to dispose of any waste, regardless of origin, in 

the region unless specifically permitted under an agreement entered into 

by the Commission in accordance with the requirements of Article 

III(i)(1).40

Article VIII–Eligible Parties, Withdrawal, Revocation, Entry into 

Force, Termination

a) Eligible parties to this compact are the State of Illinois and 

Commonwealth of Kentucky. Eligibility terminates on April 15, 1985.

b) An eligible state becomes a party state when the state enacts the 

compact into law and pays the membership fee required in Article 

III(k)(1).

c) The Commission is formed upon the appointment of the 

Commissioners and the tender of the membership fee payable to the 

Commission by the eligible states. The Governor of Illinois shall 

convene the initial meeting of the Commission. The Commission shall 

cause legislation to be introduced in the Congress which grants the 

consent of the Congress to this compact, and shall take action necessary 

to organize the Commission and implement the provisions of this 

compact.41

d) Other than the special circumstances for withdrawal in section (f) 

of this Article, either party state may withdraw from this compact at any 

time by repealing the authorizing legislation, but no withdrawal may take 

effect until 5 years after the governor of the withdrawing state gives 

notice in writing of the withdrawal to the Commission and to the 

governor of the other state. Withdrawal does not affect any liability 

already incurred by or chargeable to a party state prior to the time of such 

withdrawal. Any host state which grants a disposal permit for waste 

generated in a withdrawing state shall void the permit when the 

withdrawal of that state is effective.

––––––––

40 Amended by P.L. 103–439, 108 Stat. 4613 (1994). 41 Amended by P.L. 103–439, 108 Stat. 4613 (1994).

Taxes.

Transportation.

Contracts.

Prohibition.

Regulations.

Prohibition.

Illinois.

Kentucky.
338 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

e) This compact becomes effective July 1, 1984, or at any date 

subsequent to July 1, 1984, upon enactment by the eligible states. 

However, Article IX(b) shall not take effect until the Congress has by 

law consented to this compact. The Congress shall have an opportunity to 

withdraw such consent every 5 years. Failure of the Congress 

affirmatively to withdraw its consent has the effect of renewing consent 

for an additional 5 year period. The consent given to this compact by the 

Congress shall extend to the power of the region to ban the shipment of 

waste into the region pursuant to Article III(i)(1) and to prohibit 

exportation of waste generated within the region under Article III(i)(4).42

f) A state which has been designated a host state may withdraw from 

the compact. The option to withdraw must be exercised within 90 days of 

the date the governor of the designated state receives written notice of the 

designation. Withdrawal becomes effective immediately after notice is

given in the following manner. The governor of the withdrawing state 

shall give notice in writing to the Commission and to the governor of 

each party state. A state which withdraws from the compact under this 

section forfeits any funds already paid pursuant to this compact. A 

designated host state which withdraws from the compact after 90 days 

and prior to fulfilling its obligations shall be assessed a sum the 

Commission determines to be necessary to cover the costs borne by the 

Commission and remaining party states as a result of that withdrawal.

Article IX–Penalties

a) Each party state shall prescribe and enforce penalties against any 

person who is not an official of another state for violation of any 

provision of this compact.

b) Unless authorized by the Commission pursuant to Article III(i), or 

otherwise provided in this Compact, after January 1, 1986 it is a violation 

of this Compact:

1) for any person to deposit at a facility in the region waste 

from outside the region;

2) for any facility in the region to accept waste from 

outside

the region;

3) for any person to export from the region waste that is 

generated within the region;

4) for any person to dispose of waste at a facility other 

than

a regional facility;

5) for any person to deposit at a regional facility waste 

described in Article VII(a)(6); or

6) for any regional facility to accept waste described in 

Article VII(a)(6).43

c)44 It is a violation of this compact for any person to treat or store 

waste at a facility other than a regional facility if such treatment or 

storage is prohibited by the Commission under Article III(i)(6).

d) Each party state acknowledges that the receipt by a host state of 

waste packaged or transported in violation of applicable laws, rules or 

––––––––

42 Amended by P.L. 103–439, 108 Stat. 4613 (1994). 43 Amended by P.L. 103–439, 108 Stat. 4613 (1994). 44 Added by P.L. 103–439, 108 Stat. 4614 (1994), and redesignated sections c and d as 

sections d and e, respectively.

Effective date.

Exports.

Prohibition.

Effective date.

Regulation.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 339

regulations may result in the imposition of sanctions by the host state 

which may include suspension or revocation of the violator’s right of 

access to the facility in the host state.

e) Each party state has the right to seek legal recourse against any 

party state which acts in violation of this compact.

Article X–Severability and Construction

The provisions of this compact shall be severable and if any phrase, 

clause, sentence or provision of this compact is declared by a court of 

competent jurisdiction to be contrary to the Constitution of any 

participating state or the United States, or if the applicability thereof to 

any government, agency, person or circumstance is held invalid, the 

validity of the remainder of this compact and the applicability thereof to 

any government, agency, person or circumstance shall not be affected 

thereby. If any provision of this compact shall be held contrary to the 

Constitution of any state participating therein, the compact shall remain 

in full force and effect as to the state affected as to all severable matters.

Sec. 225. Midwest Interstate Low-Level Radio Active Waste 

Management Compact

The consent of Congress is hereby given to the States of Iowa, 

Indiana, Michigan, Minnesota, Missouri, Ohio, and Wisconsin to enter 

into the Midwest Interstate Compact on Low-Level Radioactive Waste 

Management. Such compact is as follows:

Midwest Interstate Low-Level Radio Active Waste Management 

Compact

Article I–Policy and Purpose

There is created the Midwest Interstate Low-Level Radioactive Waste 

Compact.

The states party to this compact recognize that the Congress of the 

United States, by enacting the Low-Level Radioactive Waste Policy Act 

(42 USC 2021b to 2021d), has provided for and encouraged the 

development of low-level radioactive waste compacts as a tool for 

managing such waste. The party states acknowledge that the Congress 

has declared that each state is responsible for providing for the 

availability of capacity either within or outside the state for the disposal 

of low-level radioactive waste generated within its borders, except for 

waste generated as a result of certain defense activities of the federal 

government or federal research and development activities. The party 

states also recognize that the management of low-level radioactive waste 

is handled most efficiently on a regional basis; and, that the safe and 

efficient management of low-level radioactive waste generated within the 

region requires that sufficient capacity to manage such waste be properly 

provided.

a. It is the policy of the party states to enter into a regional low-level 

radioactive waste management compact for the purpose of:

1. Providing the instrument and framework for a cooperative 

effort;

2. Providing sufficient facilities for the proper management of 

low-level radioactive waste generated in the region;

Provisions held 

invalid.

42 USC 2021d 

note.

Iowa. Indiana.

Michigan.

Minnesota.

Missouri. Ohio.

Wisconsin.

Research and 

development.
340 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

3. Protecting the health and safety of the citizens of the region;

4. Limiting the number of facilities required to effectively and 

efficiently manage low-level radioactive waste generated in the 

region;

5. Encouraging the reduction of the amounts of low-level 

radioactive waste generated in the region;

6. Distributing the costs, benefits and obligations of successful 

low-level radioactive waste management equitably among the party 

states, and among generators and other persons who use regional 

facilities to manage their waste; and

7. Ensuring the ecological and economical management of lowlevel radioactive wastes.

b. Implicit in the Congressional consent to this compact is the 

expectation by the Congress and the party states that the appropriate 

federal agencies will actively assist the Compact Commission and the 

individual party states to this compact by:

1. Expeditious enforcement of federal rules, regulations and laws;

2. Imposition of sanctions against those found to be in violation of 

federal rules, regulations and laws; and

3. Timely inspection of their licensees to determine their 

compliance with these rules, regulations and laws.

Article II–Definitions

As used in this compact, unless the context clearly requires a different 

construction:

a. “Care” means the continued observation of a facility after closure 

for the purposes of detecting a need for maintenance, ensuring 

environmental safety, and determining compliance with applicable 

licensing and regulatory requirements and including the correction of 

problems which are detected as a result of that observation.

b. “Commission” means the Midwest Interstate Low-Level 

Radioactive Waste Commission.

c. “Decommissioning” means the measures taken at the end of a 

facility’s operating life to assure the continued protection of the public 

from any residual radioactivity or other potential hazards present at a 

facility.

d. “Disposal” means the isolation of waste from the biosphere in a 

permanent facility designed for that purpose.

e. “Eligible state” means a state qualified to be a party state to this 

compact as provided in Article VIII.

f. “Facility” means a parcel of land or site, together with the 

structures, equipment and improvements on or appurtenant to the land or 

site, which issued or is being developed for the treatment, storage or 

disposal of low-level radioactive waste.

g. “Generator” means any person who produces or possesses lowlevel radioactive waste in the course of or incident to manufacturing, 

power generation, processing, medical diagnosis and treatment, research, 

or other industrial or commercial activity and who, to the extent required 

by law, is licensed by the U. S. Nuclear Regulatory Commission or a 

party state, to produce or possess such waste. Generator does not include 

a person who provides a service by arranging for the collection, 

transportation, treatment, storage or disposal of wastes generated outside 

the region.

Health.

Safety.

Regulations.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 341

h. “Host state” means any state which is designated by the 

Commission to host a regional facility.

i. “Low-Level radioactive waste” or “waste” means radioactive waste 

not classified as high-level radioactive waste, transuranic waste, spent 

nuclear fuel or by-product material as defined in section 11(e)(2) of the 

Atomic Energy Act of 1954 (42 USC 2014).

j. “Management plan” means the plan adopted by the Commission for 

the storage, transportation, treatment and disposal of waste within the 

region.

k. “Party state” means any eligible state which enacts the compact 

into law.

l. “Person” means any individual, corporation, business enterprise or 

other legal entity either public or private and any legal successor, 

representative, agent or agency of that individual, corporation, business 

enterprise or legal entity.

m. “Region” means the area of the party states.

n. “Regional facility” means a facility which is located within the 

region and which is established by a party state pursuant to designation 

of 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 of 

Columbia, the commonwealth of Puerto Rico, the Virgin Islands, or any 

other territorial possession of the United States.

q. “Storage” means the temporary holding of waste for treatment or 

disposal.

r. “Treatment” means any method, technique or process, including 

storage for radioactive decay, designed to change the physical, chemical 

or biological characteristics or composition of any waste in order to 

render the waste safer for transport or management, amenable to 

recovery, convertible to another usable material, or reduced in volume.

s. “Waste management” means the storage, transportation, treatment, 

or disposal of waste.

Article III–The Commission

a. There is hereby created the Midwest Interstate Low-Level 

Radioactive Waste Commission. The Commission consists of one voting 

member from each party state. The Governor of each party state shall 

notify the Commission in writing of its member and any alternates. An 

alternate may act on behalf of the member only in that member’s 

absence. The method for selection and the expenses of each Commission 

member shall be the responsibility of the member’s respective state.

b. Each Commission member is entitled to one vote. No action of the 

Commission is binding unless a majority of the total membership cast 

their vote in the affirmative.

c. The Commission shall elect annually from among its members a 

chairperson. The Commission shall adopt and publish, in convenient 

form, bylaws, and policies which are not inconsistent with this compact, 

including procedures which substantially conform with the provisions of 

federal law on administrative procedure compiled at 5 USC 500 to 559 in 

regard to notice, conduct and recording of meetings; access by the public 

to records; provision of information to the public; conduct of 

adjudicatory hearings; and issuance of decisions.

d. The Commission shall meet at least once annually and shall also 

meet upon the call of the chairperson or a Commission member.

Midwest 

Interstate LowLevel 

Radioactive 

Waste 

Commission, 

establishment.

Prohibition.
342 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

e. All meetings of the commission shall be open to the public with 

reasonable advance notice. The Commission may, by majority vote, close 

a meeting to the public for the purpose of considering sensitive personnel 

or legal strategy matters. However, all Commission actions and decisions 

shall be made in open meetings and appropriately recorded.

f. The Commission may establish advisory committees for the 

purpose of advising the Commission on any matters pertaining to waste 

management.

g. The office of the Commission shall be in a party state. The 

Commission may appoint or contract for and compensate such limited 

staff necessary to carry out its duties and functions. The staff shall serve 

at the Commission’s pleasure with the exception that staff hired as the 

result of securing federal funds shall be hired and governed under 

applicable federal statutes and regulations. In selecting any staff, the 

Commission shall assure that the staff has adequate experience and 

formal training to carry out the functions assigned to it by the 

Commission.

h. The Commission may:

1. Enter into an agreement with any person, state, or group of 

states for the right to use regional facilities for waste generated 

outside of the region and for the right to use facilities outside the 

region for waste generated within the region. The right of any person 

to use a regional facility for waste generated outside of the region 

requires an affirmative vote of a majority of the Commission, 

including the affirmative vote of the member of the host state in 

which any affected regional facility is located.

2. Approve the disposal of waste generated within the region at a 

facility other than a regional facility.

3. Appear as an intervenor or party in interest before any court of 

law or any federal, state or local agency, board or commission in any 

matter related to waste management. In order to represent its views, 

the Commission may arrange for any expert testimony, reports, 

evidence or other participation.

4. Review the emergency closure of a regional facility, determine 

the appropriateness of that closure, and take whatever actions are 

necessary to ensure that the interests of the region are protected.

5. Take any action which is appropriate and necessary to perform 

its duties and functions as provided in this compact.

6. Suspend the privileges or revoke the membership of a party 

state by a two-thirds vote of the membership in accordance with 

Article VIII.

i. The Commission shall:

1. Receive and act on the petition of a nonparty state to become an 

eligible state.

2. Submit an annual report to, and otherwise communicate with, 

the governors and the appropriate officers of the legislative bodies of 

the party states regarding the activities of the Commission.

3. Hear, negotiate, and, as necessary, resolve by final decision 

disputes which may arise between the party states regarding this 

compact.

4. Adopt and amend, by a two-thirds vote of the membership, in 

accordance with the procedures and criteria developed pursuant to 

Article IV, a regional management plan which designates host states 

for the establishment of needed regional facilities.

5. Adopt an annual budget.

Contracts.

Contracts.

Reports.

Report.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 343

j. Funding of the budget of the Commission shall be provided as 

follows:

1. Each state, upon becoming a party state, shall pay $50,000 or 

$1,000 per cubic meter of waste shipped from that state in 1980, 

whichever is lower, to the Commission which shall be used for the 

administrative costs of the Commission;

2. Each state hosting a regional facility shall levy surcharges on 

all users of the regional facility based upon its portion of the total 

volume and characteristics of wastes managed at that facility. The 

surcharges collected at all regional facilities shall:

(a) Be sufficient to cover the annual budget of the Commission; and

(b) Represent the financial commitments of all party states to the 

Commission; and

(c) Be paid to the Commission, provided, however, that each host 

state collecting surcharges may retain a portion of the collection 

sufficient to cover its administrative costs of collection, and that the 

remainder be sufficient only to cover the approved annual budget of the 

Commission.

k. The Commission shall keep accurate accounts of all receipts and 

disbursements. The Commission shall contract with an independent 

certified public accountant to annually audit all receipts and 

disbursements of Commission funds, and to submit an audit report to the 

Commission. The audit report shall be made a part of the annual report of 

the Commission required by this Article.

l. The Commission may accept for any of its purposes and functions 

and may utilize and dispose of any donations, grants of money, 

equipment, supplies, materials and services from any state or the United 

States (or any subdivision or agency thereof), or interstate agency, or 

from any institution, person, firm or corporation. The nature, amount and 

condition, if any, attendant upon any donation or grant accepted or 

received by the Commission together with the identity of the donor, 

grantor or lender, shall be detailed in the annual report of the 

Commission.

m. The Commission is not liable for any costs associated with any of 

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 care of any facility,

5. The extended institutional control, after care of any facility, or

6. The transportation of waste to any facility.

n. 1. The Commission is a legal entity separate and distinct from the 

party states and is liable for its actions as a separate and distinct legal 

entity. Liabilities of the Commission are not liabilities of the party states. 

Members of the Commission are not personally liable for actions taken 

by them in their official capacity.

2. Except as provided under sections m. and n.1. of this article, 

nothing in this compact alters liability for any act, omission, course of 

conduct or liability resulting from any causal or other relationships.

o. Any person aggrieved by a final decision of the Commission may 

obtain judicial review of such decision in any court of competent 

jurisdiction by filing in such court a petition for review within 60 days 

after the Commission’s final decision.

Audit.

Contracts.

Report.

Grants.

Report.

Transportation.

Prohibition.
344 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

Article IV–Regional Management Plan

The Commission shall adopt a regional management plan designed to 

ensure the safe and efficient management of waste generated within the 

region. In adopting a regional waste management plan the Commission 

shall:

a. Adopt procedures for determining, consistent with considerations 

for public health and safety, the type and number of regional facilities 

which are presently necessary and which are projected to be necessary to 

manage waste generated within the region.

b. Develop and consider policies promoting source reduction of waste 

generated within the region.

c. Develop and adopt procedures and criteria for identifying a party 

state as a host state for a regional facility. In developing these criteria, the 

Commission shall consider all the following:

1. The health, safety, and welfare of the citizens of the party 

states.

2. The existence of regional facilities within each party state.

3. The minimization of waste transportation.

4. The volumes and types of wastes generated within each party 

state.

5. The environmental, economic, and ecological impacts on the 

air, land and water resources of the party states.

d. Conduct such hearings, and obtain such reports, studies, evidence 

and testimony required by its approved procedures prior to identifying a 

party state as a host state for a needed regional facility.

e. Prepare a draft management plan, including procedures, criteria 

and host states, including alternatives, which shall be made available in a 

convenient form to the public for comment. Upon the request of a party 

state, the Commission shall conduct a public hearing in that state prior to 

the adoption of the management plan. The management plan shall 

include the Commission’s response to public and party state comment.

Article V–Rights and Obligations of Party States

a. Each party state shall act in good faith in the performance of acts 

and courses of conduct which are intended to ensure the provision of 

facilities for regional availability and usage in a manner consistent with 

this compact.

b. Each party state has the right to have all wastes generated within its 

borders managed at regional facilities subject to the provisions contained 

in Article IX.c. All party states have an equal right of access to any 

facility made available to the region by any agreement entered into by the 

Commission pursuant to Article III.

c. Party states or generators may negotiate for the right of access to a 

facility outside the region and may export waste outside the region 

subject to Commission approval under Article III.

d. To the extent permitted by federal law, each party state may 

enforce any applicable federal and state laws, regulations and rules 

pertaining to the packaging and transportation of waste generated within 

or passing through its borders. Nothing in this section shall be construed 

to require a party state to enter into any agreement with the U. S. Nuclear 

Regulatory Commission.

e. Each party state shall provide to the Commission any data and 

information the Commission requires to implement its responsibilities. 

Health.

Safety.

Health.

Safety.

Transportation.

Reports.

Studies.

Exports.

Prohibition.

Regulations.

Transportation.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 345

Each party state shall establish the capability to obtain any data and 

information required by the Commission.

Article VI–Development and Operation of Facilities

a. Any party state may volunteer to become a host state, and the 

Commission may designate that state as a host state upon a two-thirds 

vote of its members.

b. If all regional facilities required by the regional management plan 

are not developed pursuant to section a., or upon notification that an 

existing regional facility will be closed, the Commission may designate a 

host state.

c. Each party state designated as a host state is responsible for 

determining possible facility locations within its borders. The selection of 

a facility site shall not conflict with applicable federal and host state 

laws, regulations and rules not inconsistent with this compact and shall 

be based on factors including but not limited to geological, 

environmental and economic viability of possible facility locations.

d. Any party state designated as a host state may request the 

Commission to relieve that state of the responsibility to serve as a host 

state. The Commission may relieve a party state of this responsibility 

only upon a showing by the requesting party state that no feasible 

potential regional facility site of the type it is designated to host exists 

within its borders.

e. After a state is designated a host state by the Commission, it is 

responsible for the timely development and operation of a regional 

facility.

f. To the extent permitted by federal and state law, a host state shall 

regulate and license any facility within its borders and ensure the 

extended care of that facility.

g. The Commission may designate a party state as a host state while a 

regional facility is in operation if the Commission determines that an 

additional regional facility is or may be required to meet the needs of the 

region. The Commission shall make this designation following the 

procedures established under Article IV.

h. Designation of a host state is for a period of 20 years or the life of 

the regional facility which is established under that designation, 

whichever is longer. Upon request of a host state, the Commission may 

modify the period of its designation.

i. A host state may establish a fee system for any regional facility 

within its borders. The fee system shall be reasonable and equitable. This 

fee system shall provide the host state with sufficient revenue to cover 

any cost, including but not limited to the planning, siting, licensure, 

operation, decommissioning, extended care and long-term liability, 

associated with such facilities. This fee system may also include 

reasonable revenue beyond costs incurred for the host state, subject to 

approval by the Commission A host shall submit an annual financial 

audit of the operation of the regional facility to the Commission. The fee 

system may include incentives for source reduction and may be based on 

the hazard of the waste as well as the volume.

j. A host state shall ensure that a regional facility located within its 

borders which is permanently closed is properly decommissioned. A host 

state shall also provide for the care of a closed or decommissioned 

regional facility within its borders so that the public health and safety of 

the state and region are ensured.

Prohibition.

Audit.

Health.

Safety.
346 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

k. A host state intending to close a regional facility located within its 

borders shall notify the Commission in writing of its intention and the 

reasons. Notification shall be given to the Commission at least five years 

prior to the intended date of closure. This section shall not prevent an 

emergency closing of a regional facility by a host state to protect its air, 

land and water resources and the health and safety of its citizens. 

However, a host state which has an emergency closing of a regional 

facility shall notify the Commission in writing within three working days 

of its action and shall, within 30 working days of its action, demonstrate 

justification for the closing.

l. If a regional facility closes before an additional or new facility 

becomes operational, waste generated within the region may be shipped 

temporarily to any location agreed on by the Commission until a regional 

facility is operational.

m. A party state which is designated as a host state by the 

Commission and fails to fulfill its obligations as a host state may have its 

privileges under the compact suspended or membership in the compact 

revoked by the Commission.

Article VII–Other Laws and Regulations

a. Nothing in this compact:

1. Abrogates or limits the applicability of any act of Congress or 

diminishes or otherwise impairs the jurisdiction of any federal agency 

expressly conferred thereon by the Congress;

2. Prevents the enforcement of any other law of a party state 

which is not inconsistent with this compact;

3. Prohibits any storage or treatment of waste by the generator on 

its own premises;

4. Affects any administrative or judicial proceedings pending on 

the effective date of this compact;

5. Alters the relations between and the respective internal 

responsibility of the government of a party state and its subdivisions;

6. Affects the generation, treatment, storage or disposal of waste 

generated by the atomic energy defense activities of the Secretary of 

the U. S. Department of Energy or successor agencies or federal 

research and development activities as described in section 31 of the 

Atomic Energy Act of 1954 (42 USC 2051); or

7. Affects the rights and powers of any party state or its political 

subdivisions to the extent not inconsistent with this compact, to 

regulate and license any facility or the transportation of waste within 

its borders or affects the rights and powers of any party state and its 

political subdivisions to tax or impose fees on the waste managed at 

any facility within its borders.

8. Requires a party state to enter into any agreement with the U. S. 

Nuclear Regulatory Commission.

9. Alters or limits liability of transporters of waste, owners and 

operators of sites for their acts, omissions, conduct or relationships in 

accordance with applicable laws.

b. For purposes of this compact, all state laws or parts of laws in 

conflict with this compact are hereby superseded to the extent of the 

conflict.

c. No law, rule or regulation of a party state or of any of its 

subdivisions or instrumentalities may be applied in a manner which 

discriminates against the generators of another party state.

Prohibitions.

Prohibitions.

Research and 

development.

Taxes.

Transportation.

Contracts.

Prohibition.

Regulations.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 347

Article VIII–Eligible Parties, Withdrawal, Revocation, Entry into 

Force, Termination

a. Eligible parties to this compact are the states of Delaware, Illinois, 

Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Minnesota, 

Missouri, Nebraska, North Dakota, Ohio, South Dakota, Virginia and 

Wisconsin. Eligibility terminates on July 1, 1984.

b. Any state not eligible for membership in the compact may petition 

the Commission for eligibility. The Commission may establish 

appropriate eligibility requirements. These requirements may include but 

are not limited to, an eligibility fee or designation as a host state. A 

petitioning state becomes eligible for membership in the compact upon 

the approval of the Commission, including the affirmative vote of all host 

states. Any state becoming eligible upon the approval of the Commission 

becomes a member of the compact in the same manner as any state 

eligible for membership at the time this compact enters into force.

c. An eligible state becomes a party state when the state enacts the 

compact into law and pays the membership fee required in Article IIIj.1.

d. The Commission is formed upon the appointment of Commission 

members and the tender of the membership fee payable to the 

Commission by three party states. The Governor of the first state to 

enact this compact shall convene the initial meeting of the Commission. 

The Commission shall cause legislation to be introduced in the Congress 

which grants the consent of the Congress to this compact, and shall take 

action necessary to organize the Commission and implement the 

provision of this compact.

e. Any party state may withdraw from this compact by repealing the 

authorizing legislation but no withdrawal may take effect until five years 

after the governor of the withdrawing state gives notice in writing of the 

withdrawal to the Commission and to the governor of each party state. 

Withdrawal does not affect any liability already incurred by or 

chargeable to a party state prior to the time of such withdrawal. Any host 

state which grants a disposal permit for waste generated in a withdrawing 

state shall void the permit when the withdrawal of that state is effective.

f. Any party state which fails to comply with the terms of this 

compact or fails to fulfill its obligations may have its privileges 

suspended or its membership in the compact revoked by the Commission 

in accordance with Article III.h.6. Revocation takes effect one year from 

the date the affected party state receives written notice from the 

Commission of its action. All legal rights of the affected party state 

established under this compact cease upon the effective date of 

revocation but any legal obligations of that party state arising prior to 

revocation continue until they are fulfilled. The chairperson of the 

Commission shall transmit written notice of a revocation of a party 

states’s membership in the compact immediately following the vote of 

the Commission to the governor of the affected party state, all other 

governors of the party states and the Congress of the United States.

g. This compact becomes effective upon enactment by at least three 

eligible states and consent to this compact by Congress. The Congress 

shall have an opportunity to withdraw such consent every five years. 

Failure of the Congress to affirmatively withdraw its consent has the 

effect of renewing consent for an additional five year period. The consent 

given to this compact by the Congress shall extend to any future 

admittance of new party states under sections b. and c. of this article and 

Delaware.

Illinois.

Indiana.

Iowa.

Kansas.

Kentucky.

Maryland.

Michigan.

Minnesota.

Missouri.

Nebraska.

North Dakota.

Ohio.

South Dakota.

Virginia.

Wisconsin.

Prohibition.

Effective date.
348 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

to the power of the Commission to ban the shipment of waste from the 

region pursuant to Article III.

h. The withdrawal of a party state from this compact under section e. 

of this article or the suspension or revocation of a state’s membership in 

this compact under section f. of this article does not affect the 

applicability of this compact to the remaining party states.

i. A state which has been designated by the Commission to be a host 

state has 90 days from receipt by the Governor of written notice of 

designation to withdraw from the compact without any right to receive 

refund of any funds already paid pursuant to this compact, and without 

any further payment. Withdrawal becomes effective immediately upon 

notice as provided in section e. of this article. A designated host state 

which withdraws from the compact after 90 days and prior to fulfilling its 

obligations shall be assessed a sum the Commission determines to be 

necessary to cover the costs borne by the Commission and remaining 

party states as a result of that withdrawal.

Article IX–Penalties

a. Each party state shall prescribe and enforce penalties against any 

person who is not an official of another state for violation of any 

provision of this compact.

b. Unless otherwise authorized by the Commission pursuant to 

Article III.h. After January 1, 1986, it is a violation of this compact:

1. For any person to deposit at a regional facility waste not

generated within the region;

2. For any regional facility to accept waste not generated 

within the region;

3. For any person to export from the region waste which is

generated within the region; or

4. For any person to dispose of waste at a facility other than

a regional facility.

c. Each party state acknowledges that the receipt by a host state of 

waste packaged or transported in violation of applicable laws, rules and 

regulations may result in the imposition of sanctions by the host state 

which may include suspension or revocation of the violator’s right of 

access to the facility in the host state.

d. Each party state has the right to seek legal recourse against any 

party state which acts in violation of this compact.

Article X–Severability and Construction

The provisions of this compact shall be severable and if any phrase, 

clause, sentence or provision of this compact is declared by a court of 

competent jurisdiction to be contrary to the Constitution of any 

participating state or of the United States or the applicability thereof to 

any government, agency, person or circumstance is held invalid, the 

validity of the remainder of this compact and the applicability thereof to 

any government, agency, person or circumstance shall not be affected 

thereby. If any provision of this compact shall be held contrary to the 

Constitution of any state participating therein, the compact shall remain 

in full force and effect as to the state affected as to all severable matters.

Exports.

Regulations.

Provisions held 

invalid.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 349

Sec. 226. Rocky Mountain Low-Level Radioactive Waste Compact

In accordance with section 4(a)(2) of the Low-Level Radioactive 

Waste Policy Act (42 USC 2021d(a)(2)), the consent of the Congress 

hereby is given to the States of Arizona, Colorado, Nevada, New Mexico, 

Utah, and Wyoming to enter into the Rocky Mountain Interstate LowLevel Radioactive Waste Compact. Such compact is substantially as 

follows:

Rocky Mountain Low-Level Radioactive Waste Compact

Article I–Findings and Purpose

(a) The party states agree that each state is responsible for providing 

for the management of low-level radioactive waste generated within its 

borders, except for waste generated as a result of defense activities of the 

federal government or federal research and development activities. 

Moreover, the party states find that the United States Congress, by 

enacting the “Low-Level Radioactive Waste Policy Act” (P.L. 96-573), 

has encouraged the use of interstate compacts to provide for the 

establishment and operation of facilities for regional management of lowlevel radioactive waste.

(b) It is the purpose of the party states, by entering into an interstate 

compact, to establish the means for cooperative effort in managing lowlevel radioactive waste; to ensure the availability and economic viability 

of sufficient facilities for the proper and efficient management of lowlevel radioactive waste generated within the region while preventing 

unnecessary and uneconomic proliferation of such facilities; to encourage 

reduction of the volume of low-level radioactive waste requiring disposal 

within the region; to restrict management within the region of low-level 

radioactive waste generated outside the region; to distribute the costs, 

benefits and obligations of low-level radioactive waste management 

equitably among the party states; and by these means to promote the 

health, safety and welfare of the residents within the region.

Article II–Definitions

As used in this compact, unless the context clearly indicates 

otherwise:

(a) “Board” means the Rocky Mountain low-level radioactive 

waste board;

(b) “Carrier” means a person who transports low-level waste;

(c) “Disposal” means the isolation of waste from the biosphere, 

with no intention of retrieval, such as by land burial;

(d) “Facility” means any property, equipment or structure used or 

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 regional facility is 

located or being developed;

(g) “Low-level waste” or “waste” means radioactive waste other 

than:

(i) Waste generated as a result of defense activities of the 

federal government or federal research and development 

activities;

42 USC 2021d 

note.

Arizona. 

Colorado. 

Nevada. New 

Mexico. Utah. 

Wyoming.

Research and 

development.

42 USC 2021b 

note.

Health.

Safety.
350 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

(ii) High-level waste such as irradiated reactor fuel, liquid 

waste from reprocessing irradiated reactor fuel, or solids into 

which any such liquid waste has been converted;

(iii) Waste material containing transuranic elements with 

contamination levels greater than ten (10) nanocuries per gram of 

waste material;

(iv) By-product material as defined in section 11e.(2) of the 

“Atomic Energy Act of 1954,” as amended November 8, 1978; or

(v) Wastes from mining, milling, smelting or similar 

processing of ores and mineral-bearing material primarily for 

minerals other than radium.

(h) “Management” means collection, consolidation, storage, 

treatment, incineration or disposal;

(i) “Operator” means a person who operates a regional facility;

(j) “Person” means an individual, corporation, partnership or other 

legal entity, whether public or private;

(k) “Region” means the combined geographic area within the 

boundaries of the party states; and

(l) “Regional facility” means a facility within any party state 

which either:

(i) has been approved as a regional facility by the board; or

(ii) is the low-level waste facility in existence on January 1, 

1982, at Beatty, Nevada.

Article III–Rights, Responsibilities, and Obligations

(a) There shall be regional facilities sufficient to manage the lowlevel waste generated within the region. At least one (1) regional facility 

shall be open and operating in a party state other than Nevada within six 

(6) years after this compact becomes law in Nevada and in one (1) other 

state.

(b) Low-level waste generated within the region shall be managed at 

regional facilities without discrimination among the party states; 

provided, however, that a host state may close a regional facility when 

necessary for public health or safety.

(c) Each party state which, according to reasonable projections made 

by the board, is expected to generate twenty percent (20%) or more in 

cubic feet except as otherwise determined by the board of the low-level 

waste generated within the region has an obligation to become a host 

state in compliance with subsection (d) of this article.

(d) A host state, or a party state seeking to fulfill its obligation to 

become a host state, shall:

(i) Cause a regional facility to be developed on a timely basis as 

determined by the board, and secure the approval of such regional 

facility by the board as provided in Article IV before allowing site 

preparation or physical construction to begin;

(ii) Ensure by its own law, consistent with any applicable federal 

law, the protection and preservation of public health and safety in the 

siting, design, development, licensure or other regulation, operation, 

closure, decommissioning and long-term care of the regional facilities 

within the state;

(iii) Subject to the approval of the board, ensure that charges for 

management of low-level waste at the regional facilities within the 

state are reasonable;

Nevada.

Nevada.

Health.

Safety.

Health.

Safety.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 351

(iv) Solicit comments from each other party state and the board 

regarding siting, design, development, licensure or other regulation, 

operation, closure, decommissioning and long-term care of the 

regional facilities within the state and respond in writing to such 

comments;

(v) Submit an annual report to the board which contains 

projections of the anticipated future capacity and availability of the 

regional facilities within the state, together with other information 

required by the board; and

(vi) Notify the board immediately if any exigency arises requiring 

the possible temporary or permanent closure of a regional facility 

within the state at a time earlier than was projected in the state’s most 

recent annual report to the board.

(e) Once a party state has served as a host state, it shall not be 

obligated to serve again until each other party state having an obligation 

under subsection (c) of this article has fulfilled that obligation. Nevada, 

already being a host state, shall not be obligated to serve again as a host 

state until every other party state has so served.

(f) Each party state:

(i) Agrees to adopt and enforce procedures requiring low-level 

waste shipments originating within its borders and destined for a 

regional facility to conform to packaging and transportation 

requirements and regulations. Such procedures shall include but are 

not limited to:

(A) Periodic inspection of packaging and shipping practices;

(B) Periodic inspections of waste containers while in the 

custody of carriers; and

(C) Appropriate enforcement actions with respect to 

violations.

(ii) Agrees that after receiving notification from a host state that a 

person in the party state has violated packaging, shipping or 

transportation requirements or regulations, it shall take appropriate 

action to ensure that violations do not recur. Appropriate action may 

include but is not limited to the requirement that a bond be posted by 

the violator to pay the cost of repackaging at the regional facility and 

the requirement that future shipments be inspected;

(iii) May impose fees to recover the cost of the practices provided 

for in paragraph (i) and (ii) of this subsection;

(iv) Shall maintain an inventory of all generators within the state 

that may have low-level waste to be managed at a regional facility; 

and

(v) May impose requirements or regulations more stringent than 

those required by this subsection.

Article IV–Board Approval of Regional Facilities

(a) Within ninety (90) days after being requested to do so by a party 

state, the board shall approve or disapprove a regional facility to be 

located within that state.

(b) A regional facility shall be approved by the board if and only if 

the board determines that:

(i) There will be, for the foreseeable future, sufficient demand to 

render operation of the proposed facility economically feasible 

without endangering the economic feasibility of operation of any 

other regional facility; and

Report.

Report.

Nevada.

Regulations.

Transportation.

Regulations.

Transportation.

Regulations.
352 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

(ii) The facility will have sufficient capacity to serve the needs of 

the region for a reasonable period of years.

Article V–Surcharges

(a) The board shall impose a “compact surcharge” per unit of waste 

received at any regional facility. The surcharge shall be adequate to pay 

the costs and expenses of the board in the conduct of its authorized 

activities and may be increased or decreased as the board deems 

necessary.

(b) A host state may impose a “state surcharge” per unit of waste 

received at any regional facility within the state. The host state may fix 

and change the amount of the state surcharge subject to approval by the 

board. Money received from the state surcharge may be used by the host 

state for any purpose authorized by its own law, including but not limited 

to costs of licensure and regulatory activities related to the regional 

facility, reserves for decommissioning and long-term care of the regional 

facility and local impact assistance.

Article VI–The Board

(a) The “Rocky Mountain low-level radioactive waste board”, which 

shall not be an agency or instrumentality of any party state, is created.

(b) The board shall consist of one (1) member from each party state. 

The governor shall determine how and for what term its member shall be 

appointed, and how and for what term any alternate may be appointed to 

perform that member’s duties on the board in the member’s absence.

(c) Each party state is entitled to one (1) vote. A majority of the board 

constitutes a quorum. Unless otherwise provided in this compact, a 

majority of the total number of votes on the board is necessary for the 

board to take any action.

(d) The board shall meet at least once a year and otherwise as its 

business requires. Meetings of the board may be held in any place within 

the region deemed by the board to be reasonably convenient for the 

attendance of persons required or entitled to attend and where adequate 

accommodations may be found. Reasonable public notice and 

opportunity for comment shall be given with respect to any meeting; 

provided, however, that nothing in this subsection shall preclude the 

board from meeting in executive session when seeking legal advice from 

its attorneys or when discussing the employment, discipline or 

termination of any of its employees.

(e) The board shall pay necessary travel and reasonable per diem 

expenses of its members, alternates, and advisory committee members.

(f) The board shall organize itself for the efficient conduct of its 

business. It shall adopt and publish rules consistent with this compact 

regarding its organization and procedures. In special circumstances the 

board, with unanimous consent of its members, may take actions by 

telephone; provided, however, that any action taken by telephone shall be 

confirmed in writing by each member within thirty (30) days. Any action 

taken by telephone shall be noted in the minutes of the board.

(g) The board may use for its purposes the services of any personnel 

or other resources which may be offered by any party state.

(h) The board may establish its offices in space provided for that 

purpose by any of the party states, or, if space is not provided or is 

deemed inadequate, in any space within the region selected by the board.

Prohibition.

Rocky 

Mountain

Low-Level 

Radioactive 

Waste Board,

establishment.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 353

(i) Consistent with available funds, the board may contract for 

necessary personnel services to carry out its duties. Staff shall be 

employed without regard for the personnel, civil service, or merit system 

laws of any of the party states and shall serve at the pleasure of the board. 

The board may provide appropriate employee benefit programs for its 

staff.

(j) The board shall establish a fiscal year which conforms to the 

extent practicable to the fiscal years of the party states.

(k) The board shall keep an accurate account of all receipts and 

disbursements. An annual audit of the books of the board shall be 

conducted by an independent certified public accountant, and the audit 

report shall be made a part of the annual report of the board.

(l) The board shall prepare and include in the annual report a budget 

showing anticipated receipts and disbursements for the ensuing year.

(m) Upon legislative enactment of this compact, each party state shall 

consider the need to appropriate seventy thousand dollars ($70,000.00) to 

the board to support its activities prior to the collection of sufficient 

funds through the compact surcharge imposed pursuant to subsection (a) 

of article V of this compact.

(n) The board may accept any donations, grants, equipment, supplies, 

materials or services, conditional or otherwise, from any source. The 

nature, amount and condition, if any, attendant upon any donation, grant 

or other resources accepted pursuant to this subsection, together with the 

identity of the donor or grantor, shall be detailed in the annual report of 

the board.

(o) In addition to the powers and duties conferred upon the board 

pursuant to other provisions of this compact, the board:

(i) Shall submit communications to the governors and to the 

presiding officers of the legislatures of the party states regarding the 

activities of the board, including an annual report to be submitted by 

December 15;

(ii) May assemble and make available to the governments of the 

party states and to the public through its members information 

concerning low-level waste management needs, technologies and 

problems;

(iii) Shall keep a current inventory of all generators within the 

region, based upon information provided by the party states;

(iv) Shall keep a current inventory of all regional facilities, 

including information on the size, capacity, location, specific wastes 

capable of being managed and the projected useful life of each 

regional facility;

(v) May keep a current inventory of all low-level waste facilities 

in the region, based upon information provided by the party states;

(vi) Shall ascertain on a continuing basis the needs for regional 

facilities and capacity to manage each of the various classes of lowlevel waste;

(vii) May develop a regional low-level waste management plan;

(viii) May establish such advisory committees as it deems 

necessary for the purpose of advising the board on matters pertaining 

to the management of low-level waste;

(ix) May contract as it deems appropriate to accomplish its duties 

and effectuate its powers, subject to its projected available resources; 

but no contract made by the board shall bind any party state;

(x) Shall make suggestions to appropriate officials of the party 

states to ensure that adequate emergency response programs are 

Contracts.

Audit.

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Grants.

Report.

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Contracts.

Prohibition.
354 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

available for dealing with any exigency that might arise with respect 

to low-level waste transportation or management;

(xi) Shall prepare contingency plans, with the cooperation and 

approval of the hose state, for management of low-level waste in the 

event any regional facility should be closed;

(xii) May examine all records of operators of regional facilities 

pertaining to operating costs, profits or the assessment or collection of 

any charge, fee or surcharge;

(xiii) Shall have the power to sue; and

(xiv) When authorized by unanimous vote of its members, may 

intervene as of right in any administrative or judicial proceeding 

involving low-level waste.

Article VII–Prohibited Acts and Penalties

(a) It shall be unlawful for any person to dispose of low-level waste 

within the region, except at a regional facility; provided, however, that a 

generator who, prior to January 1, 1982, had been disposing of only his 

own waste on his own property may, subject to applicable federal and 

state law, continue to do so.

(b) After January 1, 1986, it shall be unlawful for any person to 

export low-level waste which was generated within the region outside the 

region unless authorized to do so by the board. In determining whether to

grant such authorization, the factors to be considered by the board shall 

include, but not be limited to, the following:

(i) The economic impact of the export of the waste on the regional 

facilities;

(ii) The economic impact on the generator of refusing to permit 

the export of the waste; and

(iii) The availability of a regional facility appropriate for the 

disposal of the waste involved.

(c) After January 1, 1986, it shall be unlawful for any person to 

manage any low-level waste within the region unless the waste was 

generated within the region or unless authorized to do so both by the 

board and by the state in which said management takes place. In 

determining whether to grant such authorization, the factors to be 

considered by the board shall include, but not be limited to, the 

following:

(i) the impact of importing waste on the available capacity and 

projected life of the regional facilities;

(ii) the economic impact on the regional facilities; and

(iii) the availability of a regional facility appropriate for the 

disposal of the type of waste involved.

(d) It shall be unlawful for any person to manage at a regional facility 

any radioactive waste other than low-level waste as defined in this 

compact, unless authorized to do so both by the board and the host state. 

In determining whether to grant such authorization, the factors to be 

considered by the board shall include, but not be limited to, the 

following:

(i) the impact of allowing such management on the available 

capacity and projected life of the regional facilities;

(ii) the availability of a facility appropriate for the disposal of the 

type of waste involved;

(iii) the existence of transuranic elements in the waste; and

(iv) the economic impact on the regional facilities.

Records.

Exports.

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Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 355

(e) Any person who violates subsection (a) or (b) of this article shall 

be liable to the board for a civil penalty not to exceed ten (10) times the 

charges which would have been charged for disposal of the waste at a 

regional facility.

(f) Any person who violates subsection (c) or (d) of this article shall 

be liable to the board for a civil penalty not to exceed ten (10) times the 

charges which were charged for management of the waste at a regional 

facility.

(g) The civil penalties provided for in subsections (e) and (f) of this 

article may be enforced and collected in any court of general jurisdiction 

within the region where necessary jurisdiction is obtained by an 

appropriate proceeding commenced on behalf of the board by the 

attorney general of the party state wherein the proceeding is brought or 

by other counsel authorized by the board. In any such proceeding, the 

board, if it prevails, is entitled to recover reasonable attorney’s fees as 

part of its costs.

(h) Out of any civil penalty collected for a violation of subsection (a) 

or (b) of this article, the board shall pay to the appropriate operator a sum 

sufficient in the judgment of the board to compensate the operator for 

any loss of revenue attributable to the violation. Such compensation may 

be subject to state and compact surcharges as if received in the normal 

course of the operator’s business. The remainder of the civil penalty 

collected shall be allocated by the board. In making such allocation, the 

board shall give first priority to the needs of the long-term care funds in 

the region.

(i) Any civil penalty collected for a violation of subsection (c) or (d) 

of this article shall be allocated by the board. In making such allocation, 

the board shall give first priority to the needs of the long-term care funds 

in the region.

(j) Violations of subsection (a), (b), (c), or (d) of this article may be 

enjoined by any court of general jurisdiction within the region where 

necessary jurisdiction is obtained in any appropriate proceeding 

commenced on behalf of the board by the attorney general of the party 

state wherein the proceeding is brought or by other counsel authorized by 

the board. In any such proceeding, the board, if it prevails, is entitled to 

recover reasonable attorney’s fees as part of its costs.

(k) No state attorney general shall be required to bring any 

proceeding under any subsection of this article, except upon his consent.

Article VIII–Eligibility, Entry Into Effect, Congressional Consent, 

Withdrawal, Exclusion

(a) Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming 

are eligible to become parties to this compact. Any other state may be 

made eligible by unanimous consent of the board.

(b) An eligible state may become a party state by legislative 

enactment of this compact or by executive order of its governor this 

adopting compact; provided, however, a state becoming a party by 

executive order shall cease to be a party state upon adjournment of the 

first general session of its legislature convened thereafter, unless before 

such adjournment the legislature shall have enacted this compact.

(c) This compact shall take effect when it has been enacted by the 

legislatures of two (2) eligible states. However, subsections (b) and (c) of 

article VII shall not take effect until Congress has by law consented to 

Prohibition.

Arizona.

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Nevada.

New Mexico.

Utah.

Wyoming.

Effective date.
356 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

this compact. Every five (5) years after such consent has been given, 

Congress may by law withdraw its consent.

(d) A state which has become a party state by legislative enactment 

may withdraw by legislation repealing its enactment of this compact; but 

not such repeal shall take effect until two (2) years after enactment of the 

repealing legislation. If the withdrawing state is a host state, any regional 

facility in that state shall remain available to receive low-level waste 

generated within the region until five (5) years after the effective date of 

the withdrawal; provided, however, this provision shall not apply to the 

existing facility in Beatty, Nevada.

(e) A party state may be excluded from this compact by a two-thirds 

(2/3) vote of the members representing the other party states, acting in a 

meeting, on the ground that the state to be excluded has failed to carry 

out its obligation under this compact. Such an exclusion may be 

terminated upon a two-thirds (2/3) vote of the members acting in a 

meeting.

Article IX–Construction and Severability

(a) The provisions of this compact shall be broadly construed to carry 

out the purposes of the compact.

(b) Nothing in this compact shall be construed to affect any judicial 

proceeding pending on the effective date of this compact.

(c) If any part or application of this compact is held invalid, the 

remainder, or its application to other situations or persons, shall not be 

affected.

Sec. 227. Northeast Interstate Low-Level Radioactive Waste 

Management Compact

In accordance with section 4(a)(2) of the Low-Level Radioactive 

Waste Policy Act, the consent of the Congress is hereby given to the 

States of Connecticut, New Jersey, Delaware, and Maryland to enter into 

the Northeast Interstate Low-Level Radioactive Waste Management 

Compact. Such compact is substantially as follows:

Northeast Interstate Low-Level Radioactive Waste Management 

Compact

Article I–Policy and Purpose

There is hereby created the Northeast Interstate Low-Level 

Radioactive Waste Management Compact. The party states recognize 

that the Congress has declared that each state is responsible for providing 

for the availability of capacity, either within or outside its borders, for 

disposal of low-level radioactive waste generated within its borders, 

except for waste generated as a result of atomic energy defense activities 

of the federal government, as defined in the Low-Level Radioactive 

Waste Policy Act (P. L. 96-573, “The Act”), or federal research and 

development activities. They also recognize that the management of lowlevel radioactive waste is handled most efficiently on a regional basis. 

The party states further recognize that the Congress of the United States, 

by enacting the Act has provided for and encouraged the development of

regional low-level radioactive waste compacts to manage such waste. 

The party states recognize that the long-term, safe and efficient 

management of low-level radioactive waste generated within the region 

Nevada.

Prohibition.

Provisions held 

invalid.

42 USC 2021d 

note.

42 USC 2021d.

Connecticut.

Delaware.

Maryland.

New Jersey.

Research and 

development.

42 USC 2021d 

note.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 357

requires that sufficient capacity to manage such waste be properly 

provided.

In order to promote the health and safety of the region, it is the policy 

of the party states to: enter into a regional low-level radioactive waste 

management compact as a means of facilitating an interstate cooperative 

effort, provide for proper transportation of low-level waste generated in 

the region, minimize the number of facilities required to effectively and 

efficiently manage low-level radioactive waste generated in the region, 

encourage the reduction of the amounts of low-level waste generated in 

the region, distribute the costs, benefits, and obligations of proper lowlevel radioactive waste management equitably among the party states, 

and ensure the environmentally sound and economical management of 

low-level radioactive waste.

Article II–Definitions

As used in this compact, unless the context clearly requires a different 

construction:

a. “commission” means the Northeast Interstate Low-Level 

Radioactive Waste Commission established pursuant to Article IV of this 

compact;

b. “custodial agency” means the agency the government designated to 

act on behalf of the government owner of the regional facility;

c. “disposal” means the isolation of low-level radioactive waste from 

the biosphere inhabited by man and his food chains;

d. “facility” means a parcel of land, together with the structures, 

equipment and improvements thereon or appurtenant thereto, which is 

used or is being developed for the treatment, storage or disposal of lowlevel waste, but shall not include on-site treatment or storage by a 

generator;

e. “generator” means a person who produces or processes low-level 

waste, but does not include persons who only provide a service by 

arranging for the collection, transportation, treatment, storage or disposal 

of wastes generated outside the region;

f. “high-level waste” means 1) the highly radioactive material 

resulting from the reprocessing of spent nuclear fuel, including liquid 

waste produced directly in reprocessing and any solid material derived 

from such liquid waste that contains fission products in sufficient 

concentration; and 2) any other highly radioactive material determined by 

the federal government as requiring permanent isolation;

g. “host state” means a party state in which a regional facility is 

located or being developed;

h. “institutional control” means the continued observation, 

monitoring, and care of the regional facility following transfer of control 

of the regional facility from the operator to the custodial agency;

i. “low-level waste” means radioactive waste that 1) is neither highlevel waste nor transuranic waste, nor spent nuclear fuel, nor by-product 

material as defined in section 11e (2) of the Atomic Energy Act of 1954 

as amended; and 2) is classified by the federal government as low-level 

waste, consistent with existing law; but does not include waste generated 

as a result of atomic energy defense activities of the federal government, 

as defined in P. L. 96-573, or federal research and development 

activities;

j. “party state” means any state which is a signatory party in good 

standing to this compact;

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358 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

k. “person” means an individual, corporation, business enterprise or 

other legal entity, either public or private and their legal successors;

l. “post-closure observation and maintenance” means the continued 

monitoring of a closed regional facility to ensure the integrity and 

environmental safety of the site through compliance with applicable 

licensing and regulatory requirements; prevention of unwarranted 

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 section which 

has been designated or accepted by the Commission;

o. “state” means a state of the United States, the District of Columbia, 

the Commonwealth of Puerto Rico, the Virgin Islands or any other 

territory subject to the laws of the United States;

p. “storage” means the holding of waste for treatment or disposal;

q. “transuranic waste” means waste material containing radionuclides 

with an atomic number greater than 92 which are excluded from shallow 

land burial by the federal government;

r. “treatment” means any method, technique or process, including 

storage for decay, designed to change the physical, chemical or 

biological characteristics or composition of any waste in order to render 

such waste safer for transport or disposal, amenable for recovery, 

convertible to another usable material or reduced in volume;

s. “waste” means low-level radioactive waste as defined in this 

section;

t. “waste management” means the storage, treatment, transportation, 

and disposal, where applicable, of waste.

Article III–Rights and Obligations

a. There shall be provided within the region one or more regional 

facilities which, together with such other facilities as may be made 

available to the region, will provide sufficient capacity to manage all 

wastes generated within the region.

1. Regional facilities shall be entitled to waste generated within 

the region, unless otherwise provided by the Commission. To the extent 

regional facilities are available, no waste generated within a party state 

shall be exported to facilities outside the region unless such exportation 

is approved by the Commission and the affected host state(s).

2. After January 1, 1986, no person shall deposit at a regional 

facility waste generated outside the region, and further, no regional 

facility shall accept waste generated outside the region, unless 

approved by the Commission and the affected host state(s).

b. The rights, responsibilities and obligations of each party state to 

this compact are as follows:

1. Each party state shall have the right to have all wastes 

generated within its borders managed at regional facilities, and shall 

have the right of access to facilities made available to the region 

through agreements entered into by the Commission pursuant to 

Article IV(i)(11). The right of access by a generator within a party 

state to any regional facility is limited by the generator’s adherence to 

applicable state and federal laws and regulations and the provisions of 

this compact.

2. To the extent not prohibited by federal law, each party state 

shall institute procedures which will require shipments of low-level 

waste generated within or passing through its borders to be consistent 

Exports.

Prohibition.

Prohibition.

Regulations.

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Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 359

with applicable federal packaging and transportation regulations and 

applicable host state packaging and transportation regulations for 

management of low-level waste; provided, however, that these 

practices shall not impose unreasonable, burdensome impediments to 

the management of low-level waste in the region. Upon notification 

by a host state that a generator, shipper, or carrier within the party 

state is in violation of applicable packaging or transportation 

regulations, the party state shall take appropriate action to ensure that 

such violations do not recur.

3. Each party state may impose reasonable fees upon generators, 

shippers, or carriers to recover the cost of inspections and other 

practices under this compact.

4. Each party state shall encourage generators within its borders to 

minimize the volumes of waste requiring disposal.

5. Each party state has the right to rely on the good faith 

performance by every other party state of acts which ensure the 

provision of facilities for regional availability and their use in a 

manner consistent with this compact.

6. Each party state shall provide to the Commission any data and 

information necessary for the implementation of the Commission’s 

responsibilities, and shall establish the capability to obtain any data 

and information necessary to meet its obligation as herein defined.

7. Each party state shall have the capability to host a regional 

facility in a timely manner and to ensure the post-closure observation 

and maintenance, and institutional control of any regional facility 

within its borders.

8. No non-host party state shall be liable for any injury to persons 

or property resulting from the operation of a regional facility or the 

transportation of waste to a regional facility; however, if the host state 

itself is the operator of the regional facility, its liability shall be that 

of any private operator.

c. The rights, responsibilities and obligations of a host state are as 

follows:

1. To the extent not prohibited by federal law, a host state 

shall ensure the timely development and the safe operation, closure, 

post-closure observation and maintenance, and institutional control of 

any regional facility within its borders.

2. In accordance with procedures established in Articles V and 

IX, the host state shall provide for the establishment of a reasonable 

structure of fees sufficient to cover all costs related to the 

development, operation, closure, post-closure observation and 

maintenance, and maintenance, and institutional control of a regional 

facility. It may also establish surcharges to cover the regulatory costs, 

incentives, and compensation associated with a regional facility; 

provided, however, that without the express approval of the 

Commission, no distinction in fees or surcharges shall be made 

between persons of the several states party to this compact.

3. To the extent not prohibited by federal law, a host state may 

establish requirements and regulations pertaining to the management 

of waste at a regional facility; provided, however, that such 

requirements shall not impose unreasonable impediments to the 

management of low-level waste within the region. Nor may a host 

state or a subdivision impose such restrictive requirements on the 

siting or operation of a regional facility that, along or as a whole, they 

Prohibition.

Transportation.

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Regulations.
360 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

serve as unreasonable barriers or prohibitions to the siting or 

operation of such a facility.

4. Each host state shall submit to the Commission annually a 

report concerning each operating regional facility within its borders. 

The report shall contain projections of the anticipated future capacity

and availability of the regional facility, a financial audit of its 

operations, and other information as may be required by the 

Commission; and in the case of regional facilities in institutional 

control or otherwise no longer operating, the host states shall furnish 

such information as may be required on the facilities still subject to 

their jurisdiction.

5. A host state shall notify the Commission immediately if any 

exigency arises which requires the permanent, temporary, or possible 

closure of any regional facility located therein at a time earlier than 

projected in its most recent annual report to the Commission. The 

Commission may conduct studies, hold hearings, or take such other 

measures to ensure that the actions taken are necessary and 

compatible with the obligations of the host state under this compact.

Article IV–The Commission

a. There is hereby created the Northeast Interstate Low-Level 

Radioactive Waste Commission. The Commission shall consist of one 

member from each party state to be appointed by the Governor according 

to procedures of each party state, except that a host state shall have two 

members during the period that it has an operating regional Governor 

shall notify the Commission in writing of the identity of the facility. The 

member and one alternate, who may act on behalf of the member only in 

the member’s absence.

b. Each Commission member shall be entitled to one vote. No action 

of the Commission shall be binding unless a majority of the total 

membership cast their vote in the affirmative.

c. The Commission shall elect annually from among its members a 

presiding officer and such other officers as it deems appropriate. The 

Commission shall adopt and publish, in convenient form, such rules and 

regulations as are necessary for due process in the performance of its 

duties and powers under this compact.

d. The Commission shall meet at least once a year and shall also meet 

upon the call of the presiding officer, or upon the call of a party state 

member.

e. All meetings of the Commission shall be open to the public with 

reasonable prior public notice. The Commission may, by majority vote, 

close a meeting to the public for the purpose of considering sensitive 

personnel or legal matters. All Commission actions and decisions shall 

be made in open meetings and appropriately recorded. A roll call vote 

may be required upon request of any party state or the presiding officer.

f. The Commission may establish such committees as it deems 

necessary.

g. The commission may appoint, contract for, and compensate such 

limited staff as it determines necessary to carry out its duties and 

functions. The staff shall serve at the Commission’s pleasure irrespective 

of the civil service, personnel or other merit laws of any of the party 

states or the federal government and shall be compensated from funds of

the Commission.

h. The Commission shall adopt an annual budget for its operations.

Report.

Audit.

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Interstate LowLevel 

Radioactive 

Waste 

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Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 361

i. The Commission shall have the following duties and powers:

1. The Commission shall receive and act on the application of a 

non-party state to become an eligible state in accordance with Article 

VII(e).

2. The Commission shall receive and act on the application of an 

eligible state to become a party state in accordance with Article 

VII(b).

3. The commission shall submit an annual report to and otherwise 

communicate with the governors and the presiding officer of each 

body of the legislature of the party states regarding the activities of 

the Commission.

4. Upon request of party states, the Commission shall meditate 

disputes which arise between the party states regarding this compact.

5. The Commission shall develop, adopt and maintain a regional 

management plan to ensure safe and effective management of waste 

within the region, pursuant to Article V.

6. The Commission may conduct such legislative or adjudicatory 

hearings, and require such reports, studies, evidence and testimony as 

are necessary to perform its duties and functions.

7. The Commission shall establish by regulation, after public 

notice and opportunity for comment, such procedural regulations as 

deemed necessary to ensure efficient operation, the orderly gathering 

of information, and the protection of the rights of due process of 

affected persons.

8. In accordance with the procedures and criteria set forth in 

Article V, the Commission shall accept a host state’s proposed 

facility as a regional facility.

9. In accordance with the procedures and criteria set forth in 

Article V, the Commission may designate, by a two-thirds vote, host 

states for the establishment of needed regional facilities. The 

Commission shall not exercise this authority unless the party states 

have failed to voluntarily pursue the development of such facilities.

10. The commission may require of and obtain from party states, 

eligible states seeking to become party states, and non-party states 

seeking to become eligible states, data and information necessary for 

the implementation of Commission responsibilities.

11. The Commission may enter into agreements with any 

person, state, regional body, or group of states for the importation of 

waste into the region and for the right of access to facilities outside 

the region for waste generated within the region. Such authorization 

to import requires a two-thirds majority vote of the Commission, 

including an affirmative vote of the representatives of the host state in 

which any affected regional facility is located. This shall be done 

only after the Commission and the host state have made an 

assessment of the affected facilities’ capability to handle such wastes 

and of relevant environmental, economic, and public health factors, 

as defined by the appropriate regulatory authorities.

12. The Commission may, upon petition, grant an individual 

generator or group of generators in the region the right to export 

wastes to a facility located outside the region. Such grant of right 

shall be for a period of time and amount of waste and on such other 

terms and conditions as determined by the Commission and 

approved by the affected host states.

13. The Commission may appear as an intervenor or party in 

interest before any court of law, federal, state or local agency, board 

Report.

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Contracts.

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Exports.

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362 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

or commission that has jurisdiction over the management of wastes. 

Such authority to intervene or otherwise appear shall be exercised 

only after a two-thirds vote of the Commission.

views, the Commission may arrange for any expert testimony, 

reports, evidence or other participation as it deems necessary.

14. The Commission may impose sanctions, including but not 

limited to, fines, suspension of privileges and revocation of the 

membership of a party state in accordance with Article VII. The 

Commission shall have the authority to revoke, in accordance with 

Article VII(g), the membership of a party state that creates 

unreasonable barriers to the siting of a needed regional facility or 

refuses to accept host state responsibilities upon designation by the 

Commission.

15. The Commission shall establish by regulation criteria for and 

shall review the fee and surcharge systems in accordance with 

Articles V and IX.

16. The Commission shall review the capability of party states to 

ensure the siting, operation, post-closure observation and 

maintenance, and institutional control of any facility within its 

borders.

17. The Commission shall review the compact legislation every 

five years prior to federal congressional review provided for in the 

Act, and may recommend legislative action.

18. The Commission has the authority to develop and provide to 

party states such rules, regulations and guidelines as it deems 

appropriate for the efficient, consistent, fair and reasonable 

implementation of the compact.

j. There is hereby established a Commission operating account. The 

Commission is authorized to expend monies from such account for the 

expenses of any staff and consultants designated under section (g) of this 

Article and for official Commission business. Financial support of the 

Commission account shall be provided as follows:

1. Each eligible state, upon becoming a party state, shall pay 

$70,000 to the Commission, which shall be used for administrative 

cost of the Commission.

2. The commission shall impose a “commission surcharge” per 

unit of waste received at any regional facility as provided in Article 

V.

3. Until such time as at least one regional facility is in operation 

and accepting waste for management, or to the extent that revenues 

under paragraphs (1) and (2) of this section are unavailable or 

insufficient to cover the approved annual budget of the Commission, 

each party state shall pay an apportioned amount of the difference 

between the funds available and the total budget in accordance with 

the following formula:

(a) 20 percent in equal shares;

(b) 30 percent in the proportion that the population of the party 

state bears to the total population of all party states, according to 

the most recent U. S. census;

(c) 50 percent in the proportion that the waste generated for 

management in each party state bears to the total waste generated 

for management in the region for the most recent calendar year in 

which reliable data are available, as determined by the 

Commission.

Regulation.

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Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 363

k. The Commission shall keep accurate accounts of all receipts and 

disbursements. An independent certified public accountant shall annually 

audit all receipts and disbursements of Commission accounts and funds 

and submit an audit report to the Commission. Such audit report shall be 

made a part of the annual report of the Commission required by Article 

IV(i)(3).

l. The Commission may accept, receive, utilize and dispose for any of 

this purposes and functions any and all donations, loans, grants of 

money, equipment, supplies, materials and services (conditional or 

otherwise) from any state or the United States or any subdivision or 

agency thereof, or interstate agency, or from any institution, person, firm 

or corporation. The nature, amount and condition, if any, attendant upon 

any donation, loans, or grant accepted pursuant to this paragraph, 

together with the identity of the donor, grantor, or lender, shall be 

detailed in the annual report of the Commission. The Commission shall 

by rule establish guidelines for the acceptance of donations, loans, grants 

of money, equipment, supplies, materials and services. This shall provide 

that no donor, grantor or lender may derive unfair or unreasonable 

advantage in any proceeding before the Commission.

m. The Commission herein established is a body corporate and 

politic, separate and distinct from the party states and shall be so liable 

for its own actions. Liabilities of the Commission shall not be deemed 

liabilities of the party states, nor shall members of the Commission be 

personally liable for action taken by them in their official capacity.

1. The Commission shall not be responsible for any costs or 

expenses associated with the creation, operation, closure, post-closure 

observation and maintenance, and institutional control of any regional 

facility, or any associated regulatory activities of the party states.

2. Except as otherwise provided herein, this compact shall not be 

construed to alter the incidence of liability of any kind for any act, 

omission, or course of conduct. Generators, shippers and carriers of 

wastes, and owners and operators of sites shall be liable for their acts, 

omissions, conduct, or relationships in accordance with all laws 

relating thereto.

n. The United States district courts in the District of Columbia shall 

have original jurisdiction of all actions brought by or against the 

Commission. Any such action initiated in a state court shall be removed 

to the designated United States district court in the manner provided by 

Act of June 25, 1948 as amended (28 USC 14446). This section shall not

alter the jurisdiction of the United States Court of Appeals for the 

District of Columbia Circuit to review the final administrative decisions 

of the Commission as set forth in the paragraph below.

o. The United States Court of Appeals for the District of Columbia 

Circuit shall have jurisdiction to review the final administrative decisions 

of the Commission.

1. Any person aggrieved by a final administrative decision may 

obtain review of the decision by filing a petition for review within 60 

days after the Commission’s final decision.

2. In the event that review is sought of the Commission’s 

decision relative to the designation of a host state, the Court of 

Appeals shall accord the matter an expedited review, and, if the 

Court does not rule within 90 days after a petition for review has been 

filed, the Commission’s decision shall be deemed to be affirmed.

Audit.

Report.

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Loans.

Report.

Prohibitions.

Courts, U.S.

District of 

Columbia.

Prohibition.

Courts, U.S.
364 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

3. The courts shall not substitute their judgement for that of the 

Commission as to the decisions of policy or weight of the evidence 

on questions of fact. The Court may affirm the decision of the 

Commission or remand the case for further proceedings if it finds that 

the petitioners has been aggrieved because the finding, inferences, 

conclusions or decisions of the Commission are:

a. in violation of the Constitution of the United States;

b. in excess of the authority granted to the Commission by this 

compact;

c. made upon unlawful procedure to the detriment of any 

person;

d. Arbitrary or capricious or characterized by abuse of 

discretion or clearly unwarranted exercise of discretion.

4. The Commission shall be deemed to be acting in a legislative 

capacity except in those instances where it decides, pursuant to its 

rules and regulations, that its determinations are adjudicatory in 

nature.

Article V–Host State Selection and Development and Operation of

Regional Facilities

a. The Commission shall develop, adopt, maintain, and implement a 

regional management plan to ensure the safe and efficient management 

of waste within the region. The plan shall include the following:

1. A current inventory of all generators within the region;

2. A current inventory of all facilities within the region, including 

information on the size, capacity, location, specific waste being 

handled, and projected useful life of each facility;

3. consistent with considerations for public health and safety as 

defined by appropriate regulatory authorities, a determination of the 

type and number of regional facilities which are presently necessary 

and projected to be necessary to manage waste generated within the 

region;

4. reference guidelines, as defined by appropriate regulatory 

authorities, for the party states for establishing the criteria and 

procedures to evaluate locations for regional facilities.

b. The Commission shall develop and adopt criteria and procedures 

for reviewing a party state which volunteers to host a regional facility 

within its borders. These criteria shall be developed with public notice 

and shall include the following factors: the capability of the volunteering 

party state to host a regional facility in a timely manner and to ensure its 

post-closure observation and maintenance, and institutional control; and 

the anticipated economic feasibility of the proposed facility.

1. Any party state may volunteer to host a regional facility within 

its borders. The Commission may set terms and conditions to 

encourage a party state to volunteer to be the first host state.

2. Consistent with the review required above, the Commission 

shall, upon a two-thirds affirmative vote, designate a volunteering 

party state to serve as a host state.

c. If all regional facilities required by the regional management plan 

are not developed pursuant to section (b), or upon notification that an 

existing facility will be closed, or upon determination that an additional 

regional facility is or may be required, the Commission shall convene to 

consider designation of a host state.

Prohibition.

Regulations.

Health.

Safety.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 365

1. The Commission shall develop and adopt procedures for 

designating a party state to be a host state for a regional facility. The 

Commission shall base its decision on the following criteria:

a. the health, safety and welfare of citizens of the party states 

as defined by the appropriate regulatory authorities;

b. the environmental, economic, and social effects of a 

regional facility on the party states;

The Commission shall also base its decision on the following 

criteria:

c. economic benefits and costs;

d. the volumes and types of waste generated within each party 

state;

e. the minimization of waste transportation; and

f. the existence of regional facilities within the party states.

2. Following its established criteria and procedures, the 

Commission shall designate by a two-thirds affirmative vote a party 

state to serve as a host state. A current host state shall have the right 

of first refusal for a succeeding regional facility.

3. The Commission shall conduct such hearings and studies, and 

take such evidence and testimony as is required by its approved 

procedures prior to designating a host state. Public hearings shall be 

held upon request in each candidate host state prior to final evaluation 

and selection. 

4. A party state which has been designated as a host state by the 

Commission and which fails to fulfill its obligations as a host state 

may have its privileges under the compact suspended or membership 

in the compact revoked by the Commission.

d. Each host state shall be responsible for the timely identification of 

a site and the time development and operation of a regional facility. The 

proposed facility shall meet geologic, environmental and economic 

criteria which shall not conflict with applicable federal and host state 

laws and regulations. 

1. To the extent not prohibited by federal law, a host state may 

regulate and license any facility within its borders.

2. To the extent not prohibited by federal law, a host state shall 

ensure the safe operation, closure, post-closure observation and 

maintenance, and institutional control of a facility, including adequate 

financial assurances by the operator and adequate emergency 

response procedures. It shall periodically review and report to the 

Commission on the status of the post-closure and institutional control 

funds and the remaining useful life of the facility.

3. A host state shall solicit comments from each party state and 

the Commission regarding the siting, operation, financial assurances, 

closure, post-closure observation and maintenance, and institutional 

control of a regional facility.

e. A host state intending to close a regional facility within its borders 

shall notify the Commission in writing of its intention and reasons 

therefore.

1. Except as otherwise provided, such notification shall be given 

to the Commission at least five years prior to the scheduled date of 

closure.

2. A host state may close a regional facility within its borders in 

the event of an emergency of if a condition exists which constitutes a 

substantial threat to public health and safety. A host state shall notify 

Health.

Safety.

Transportation.

Studies.

Report.

Health.

Safety.
366 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

the Commission in writing within three days of its action and shall 

within 30 working days, show justification for the closing.

3. In the event that a regional facility closes before an additional 

or new facility becomes operational, the Commission shall make 

interim arrangements for the storage or disposal of waste generated 

within the region until such time that a new regional facility is 

operational.

f. Fees and surcharges shall be imposed equitably upon all users of a 

regional facility, based upon criteria established by the Commission.

1. A host state shall, according to its lawful administrative 

procedures, approve fee schedules to be charged to all users of the 

regional facility within its borders. Except as provided herein, such 

fee schedules shall be established by the operator of a regional 

facility, under applicable state regulations, and shall be reasonable 

and sufficient to cover all costs related to the development, operation, 

closure, post-closure observation and maintenance, institutional 

control of the regional facility. The host state shall determine a 

schedule for contributions to the post-closure observation and 

maintenance, and institutional control funds. Such fee schedules shall 

not be approved unless the Commission has been given reasonable 

opportunity to review and make recommendations on the proposed 

fee schedules.

2. A host state may, according to its lawful administrative 

procedures impose a state surcharge per unit of waste received at any 

regional facility within its borders. The state surcharge shall be in 

addition to the fees charged for waste management. The surcharge 

shall be sufficient to cover all reasonable costs associated with 

administration and regulation of the facility. The surcharge shall not 

be established unless the Commission has been provided reasonable 

opportunity to review and make recommendations on the proposed 

state surcharge. 

3. The Commission shall impose a commission surcharge per unit 

of waste received at any regional facility. The total monies collected 

shall be adequate to pay the cost and expenses of the Commission 

and shall be remitted to the Commission on a timely basis as 

determined by the Commission. The surcharge may be increased or 

decreased as the Commission deems necessary. 

4. Nothing herein shall be construed to limit the ability of the 

host state, or the political subdivision in which the regional facility is 

situated, to impose surcharges for purposes including, but not limited 

to, host community compensation and host community development 

incentives. Such surcharges shall be reasonable and shall not be 

imposed unless the Commission has been provided reasonable 

opportunity to review and make recommendations on the proposed 

surcharge. Such surcharge may be recovered through the approved 

fee and surcharge schedules provided for in this section.

Article VI–Other Laws and Regulations

a. Nothing in this compact shall be construed to abrogate or limit the 

regulatory responsibility or authority of the U.S. Nuclear Regulatory 

Commission or of an Agreement State under section 274 of the Atomic 

Energy Act of 1954, as amended.

b. The laws or portions of those laws of a party state that are not 

inconsistent with this compact remain in full force.

Regulations.

Regulation.

42 USC 2021.

Prohibition.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 367

c. Nothing in this compact shall make unlawful the continued 

development and operation of any facility already licensed for 

development or operation on the date this compact becomes effective.

d. No judicial or administrative proceeding pending on the effective 

date of the compact shall be affected by the compact.

e. Except as provided for in Article III(b)(2) and (c)(3), this compact 

shall not affect the relations between and the respective internal 

responsibilities of the government of a party state and its subdivisions.

f. The generation, treatment, storage, transportation, or disposal of 

waste generated by the atomic energy defense activities of the federal 

government, as defined in P.L. 96-573, or federal research and 

development activities are not affected by this compact.

g. To the extent that the rights and powers of any state or political 

subdivision to license and regulate any facility within its borders and to 

impose taxes, fees, and surcharges on the waste managed at that regional 

facility do not operate as an unreasonable impediment to the 

transportation, treatment or disposal of waste, such rights and powers 

shall not be diminished by this compact.

h. No party state shall enact any law or regulation or attempt to 

enforce any measure which is inconsistent with this compact. Such 

measures may provide the basis for the Commission to suspend or 

terminate a party state’s membership and privileges under this compact.

i. All laws and regulations, or parts thereof of any party state or 

subdivision or instrumentality thereof which are inconsistent with this 

compact are hereby repealed and declared null and void. Any legal right, 

obligation, violation or penalty arising under such laws or regulations 

prior to the enactment of this compact, or not in conflict with it, shall not 

be affected.

j. Subject to Article III(c)(2), no law or regulation of a party state or 

subdivision or instrumentality thereof may be applied so as to restrict or 

make more costly or inconvenient access to any regional facility by the 

generators of another party state than for the generators of the state where 

the facility is situated.

k. No law, ordinance, or regulation of any party state or any 

subdivision or instrumentality thereof shall prohibit, suspend, or 

unreasonably delay, limit or restrict the operation of a siting or licensing 

agency in the designation, siting, or licensing of a regional facility. Any 

such provision in existence at the time of ratification of this compact is 

hereby repealed.

Article VII–Eligible Parties, Withdrawal, Revocation, Entry Into 

Force, Termination

a. The initially eligible parties to this compact shall be the eleven 

states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New 

Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and 

Vermont. Initial eligibility will expire June 30, 1984.

b. Each state eligible to become a party state to this compact shall be 

declared a party state upon enactment of this compact into law by the 

state, repeal of all statutes or statutory provisions that pose unreasonable 

impediments to the capability of the state to host a regional facility in a 

timely manner, and upon payment of the fees required by Article 

IV(j)(1). An eligible state may become a party to this compact by an 

executive order by the governor of the state and upon payment of the fees 

required by Article IV(j)(1). However, any state which becomes a party 

state by executive order shall cease to be a party state upon the final 

Prohibition.

Prohibition.

Prohibition.

42 USC 2021b 

note.

Research and 

development.

Taxes.

Transportation.

Prohibition.

Prohibition.

Prohibition.

Connecticut.

Delaware.

Maine.

Maryland.

Massachusetts.

New 

Hampshire.

New Jersey.

New York.

Pennsylvania.

Rhode Island.

Vermont.
368 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

adjournment of the next general or regular session of its legislature, 

unless this compact has by then been enacted as a statute by the state and 

all statutes and statutory provisions that conflict with the compact have 

been repealed.

c. The compact shall become effective in a party state upon 

enactment by that state. It shall not become initially effective in the 

region until enacted into law by three party states and consent given to it 

by the Congress.

d. The first three states eligible to become party states to this compact 

which adopt this compact into law as required in Article VII(b) shall 

immediately, upon the appointment of their Commission members, 

constitute themselves as the Northeast Interstate Low-Level Radioactive 

Waste Commission. They shall cause legislation to be introduced in the 

Congress which grants the consent of the Congress to this compact, and 

shall do those things necessary to organize the Commission and 

implement the provisions of this compact.

1. The Commission shall be the judge of the qualifications of the 

party states and of its members and of their compliance with the 

conditions and requirements of this compact and of the laws of the 

party states relating to the enactment of this compact.

2. All succeeding states eligible to become party states to this 

compact shall be declared party states pursuant to the provisions of 

section (b) of this Article.

e. Any state not expressly declared eligible to become a party state to 

this compact in section (a) of this Article may petition the Commission to 

be declared eligible. The Commission may establish such conditions as it 

deems necessary and appropriate to be met by a state requesting 

eligibility as a party state to this compact pursuant to the provisions of 

this section, including a public hearing on the application. Upon 

satisfactorily meeting such conditions and upon the affirmative vote of 

two-thirds of the Commission, including the affirmative vote of the 

representatives of the host states in which any affected regional facility is 

located, the petitioning state shall be eligible to become a party state to 

this compact and may become a party state in the same manner as those 

states declared eligible in section (a) of this Article.

f. No state holding membership in any other regional compact for the 

management of low-level radioactive waste may become a member of 

this compact.

g. Any party state which fails to comply with the provisions of this 

compact or to fulfill its obligations hereunder may have its privileges 

suspended or, upon a two-thirds vote of the Commission, after full 

opportunity for hearing and comment, have its membership in the 

compact revoked. Revocation shall take effect one year from the date the 

affected party state receives written notice from the Commission of its 

action. All legal rights of the affected party state established under this 

compact shall cease upon the effective date of revocation, except that any 

legal obligations of that party state arising prior to revocation will not 

cease until they have been fulfilled. As soon as practicable after a 

Commission decision suspending or revoking party state status, the 

Commission shall provide written notice of the action and a copy of the 

resolution to the governors and the presiding officer of each body of the 

state legislatures of the party states, and to chairmen of the appropriate 

committees of the Congress.

h. Any party state may withdraw from this compact by repealing its 

authorization legislation, and all legal rights under this compact of the 

Effective date.

Prohibition.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 369

party state cease upon repeal. However, no such withdrawal shall take 

effect until five years after the Governor of the withdrawing state has 

given notice in writing of such withdrawal to the Commission and to the 

governor of each party state. No withdrawal shall affect any liability 

already incurred by or chargeable to a party state prior to that time.

1. Upon receipt of the notification, the Commission shall, as soon 

as practicable, provide copies to the governors and the presiding 

officer of each body of the state legislatures of the party states, and to 

the chairmen of the appropriate committees of the Congress.

2. A regional facility in a withdrawing state shall remain available 

to the region for five years after the date the Commission receives 

written notification of the intent to withdraw or until the prescheduled 

dates of closure, whichever occurs first.

i. This compact may be terminated only by the affirmative action of 

the Congress or by the repeal of all laws enacting the compact in each 

party state. The Congress may by law withdraw its consent every five 

years after the compact takes effect.

1. The consent given to this compact by the Congress shall extend 

to any future admittance of new party states under sections (b) and (e) 

of this Article.

2. The withdrawal of a party state from this compact under section 

(h) or the revocation of a state’s membership in this compact under 

section (g) of this Article shall not affect the applicability of the 

compact to the remaining party states.

Article VIII–Penalties

a. Each party state, consistent with federal and host state regulations 

and laws, shall enforce penalties against any person not acting as an 

official of a party state for violation of this compact in the party state. 

Each party state acknowledges that the shipment to a host state of waste 

packaged or transported in violation of applicable laws and regulations 

can result in the imposition of sanctions by the host state. These 

sanctions may include, but are not limited to, suspension or revocation of 

the violator’s rights of access to the facility in the host state.

b. Without the express approval of the Commission, it shall be 

unlawful for any person to dispose of any low-level waste within the 

region except at a regional facility; provided, however, that this 

restriction shall not apply to waste which is permitted by applicable 

federal or state regulations to be discarded without regard to its 

radioactivity.

c. Unless specifically approved by the Commission and affected host 

state(s) pursuant to Article IV, it shall be a violation of this compact for: 

1) any person to deposit at a regional facility waste not generated within 

the region; 2) any regional facility to accept waste not generated within 

the region; and 3) any person to export from the region waste generated 

within the region.

d. Primary responsibility for enforcing provisions of the law will rest 

with the affected state or states. The Commission, upon a two-thirds vote 

of its members, may bring action to seek enforcement or appropriate 

remedies against violators of the provisions and regulations for this 

compact as provided for in Article IV.

Regulations.
370 Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240)

Article IX–Compensation Provisions

a. The responsibility for ensuring compensation and clean-up during 

the operational and post-closure periods rests with the host state, as set 

forth herein.

1. The host state shall ensure the availability of funds and 

procedures for compensation of injured persons, including facility 

employees, and property damage (except any possible claims for 

diminution of property values) due to the existence and operation of a 

regional facility, and for clean-up and restoration of the facility and 

surrounding areas.

2. The state may satisfy this obligation by requiring bonds, 

insurance, compensation funds, or any other means or combination of 

means, imposed either on the facility operator or assumed by the state 

itself, or both. Nothing in this article alters the liability of any person 

or governmental entity under applicable state and federal laws.

b. The Commission shall provide a means of compensation for 

persons injured or property damaged during the institutional control 

period due to the radioactive and waste management nature of the 

regional facility. This responsibility may be met by a special fund, 

insurance, or other means.

1. The Commission is authorized, at its discretion, to impose a 

waste management surcharge, to be collected by the operator or 

owner of the regional facility; to establish a separate insurance entity, 

formed by but separate from the Commission itself, but under such 

terms and conditions as it decides, and exempt from state insurance 

regulation; to contract with this company or other entity for coverage; 

or to take any other measures, or combination of measures, to 

implement the goals of this section.

2. The existence of this fund or other means of compensation shall 

not imply liability by the Commission, the non-host party states, or 

any of their officials and staff, which are exempted from liability by 

other provisions of this compact. Claims or suits for compensation 

shall be directed against the fund, the insurance company, or other 

entity, unless the Commission, by regulation, directs otherwise.

c. Notwithstanding any other provisions, the Commission fund, 

insurance, or other means of compensation shall also be available for 

third party relief during the operational and post-closure periods, as the 

Commission may direct, but only to the extent that no other funds, 

insurance, tort compensation, or other means are available from the host 

state or other entities, under section a. of this Article or otherwise; 

provided, that this Commission contribution shall not apply to clean-up 

or restoration of the regional facility and its environs during the 

operational and post-closure period.

d. The liability of the Commission’s fund, insurance entity, or any 

other means of compensation shall be limited to the amount currently 

contained therein; provided that the Commission may set some lower 

limit to ensure the integrity and availability of the fund or other entity for 

liability.

Article X–Severability and Construction

The provisions of this compact shall be severable, and if any phrase, 

clause, sentence or provision of this compact is declared by a federal 

court of competent jurisdiction to be contrary to the Constitution of the 

Prohibition.

Contracts.

Insurance.

Regulations.

Provisions 

held invalid.
Low-Level Radioactive Waste Policy Act of 1985 (P.L. 99–240) 371

United States or the applicability thereof to any government, agency, 

person or circumstance is held invalid, the validity of the remainder of 

this compact and the applicability thereof to any other government, 

agency, person or circumstance shall not be affected thereby. The 

provisions of this compact shall be liberally construed to give effect to 

the purpose thereof.
372 Appalachian States Low-Level Waste Compact (P.L. 100–319)

C. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE 

WASTE COMPACT CONSENT ACT

Public Law 100–319 102 Stat. 471

May 19, 1988

An Act

To grant the consent of the Congress to the Appalachian States LowLevel Radioactive Waste Compact.

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled,

Sec. 1. Short Title

This Act may be cited as the “Appalachian States Low-Level 

Radioactive Waste Compact Consent Act.”

Sec. 2. Congressional Finding

The Congress finds that the compact set forth in section 5 is in 

furtherance of the Low-Level Radioactive Waste Policy Act.

Sec. 3. Conditions of Consent to Compact

The consent of the Congress to the compact set forth in section 5–

(1) shall become effective on the date of the enactment of this 

Act,

(2) is granted subject to the provisions of the Low-Level 

Radioactive Waste Policy Act, and

(3) is granted only for so long as the Appalachian States LowLevel Radioactive Waste Commission, advisory committees, and 

regional boards established in the compact comply with all the 

provisions of such Act.

Sec. 4. Congressional Review

The Congress may alter, amend, or repeal this Act with respect to the 

compact set forth in section 5 after the expiration of the 10-year period 

following the date of the enactment of this Act, and at such intervals 

thereafter as may be provided for in such compact.

Sec. 5. Appalachian States Low-Level Radioactive Waste Compact

In accordance with section 4(a)(2) of the Low-Level Radioactive 

Waste Policy Act (42 U.S.C. 2021d(A)(2)), the consent of Congress is 

given to the States of Pennsylvania, West Virginia, and any eligible 

States as defined in Article 5(A) of the Appalachian States Low-Level 

Radioactive Waste Compact to enter into such compact. Such compact is 

substantially as follows:

Appalachian States Low-Level Radioactive Waste Compact

Preamble

Whereas, The United States Congress, by enacting the Low-Level 

Radioactive Waste Policy Act (42 USC sections2021b-2021d) has 

encouraged the use of interstate compacts to provide for the 

establishment and operation of facilities for regional management of lowlevel radioactive waste;

Appalachian 

States LowLevel 

Radioactive 

Waste Compact 

Consent 

Act.

42 USC 2021d

note.

42 USC 2021d 

note.

42 USC 2021d 

note.

42 USC 2021d 

note.

Delaware.

Maryland.

Pennsylvania.

West Virginia.

Waste disposal.
Appalachian States Low-Level Waste Compact (P.L. 100–319) 373

Whereas, Under section 4(a)(1)(A) of the Low-Level Radioactive 

Waste Policy Act (42 USC section 2021d(a)(1)(A)), each state is 

responsible for providing for the capacity for disposal of low-level 

radioactive waste generated within its borders;

Whereas, To promote the health, safety and welfare of residents 

within, the Commonwealth of Pennsylvania and other eligible states as 

defined in Article 5(A) of this compact shall enter into a compact for the 

regional management and disposal of low-level radioactive waste.

Now, therefore, the Commonwealth of Pennsylvania and the state of 

West Virginia and other eligible states hereby agree to enter into the 

Appalachian States Low-Level Radioactive Waste Compact.

Article I–Definitions

As used in this compact, unless the context clearly indicates otherwise:

(a) “Broker” means any intermediate person who handles, treats, 

processes, stores, packages, ships or otherwise has responsibility for 

or possesses low-level waste obtained from a generator.

(b) “Carrier” means a person who transports low-level waste to a 

regional facility.

(c) “Commission” means the Appalachian States Low-Level 

Radioactive Waste Commission.

(d) “Disposal” means the isolation of low-level waste from the 

biosphere.

(e) “Facility” means any real personal property within the region, 

and improvements thereof or thereon, and any and all plant structures, 

machinery and equipment acquired, constructed, operated or 

maintained for the management or disposal of low-level waste.

(f) “Generate” means to produce low-level waste requiring 

disposal.

(g) “Generator” means a person whose activity results in the 

production of low-level waste requiring disposal.

(h) “Hazardous life” means the time required for radioactive 

materials to decay to safe levels, as defined by the time period for the 

concentration of radioactive materials within a given container or 

package to decay to maximum permissible concentrations as defined 

by Federal law or by standards to be set by a host state, whichever is 

more restrictive.

(i) “Host state” means Pennsylvania or other party state so 

designated by the Commission in accordance with Article 3 of this 

compact.

(j) “Institutional control period” means the time of the continued 

observation, monitoring and care of the regional facility following 

transfer of control from the operator to the custodial agency.

(k) “Low-level waste” means radioactive waste that:

(1) is neither high-level waste or transuranic waste, nor spent 

nuclear fuel, nor by-product material as defined in section 

11(e)(2) of the Atomic Energy Act of 1954 as amended; and

(2) is classified by the Federal Government as low-level 

waste, consistent with existing law; but does not include waste 

generated as a result of atomic energy defense activities of the 

Federal Government, as defined in Public Law 96-573, or Federal 

research and development activities.

(l) “Management” means the reproduction, collection, 

consolidation, storage, packaging or treatment of low-level waste.

Public health 

and safety.
374 Appalachian States Low-Level Waste Compact (P.L. 100–319)

(m) “Operator” means a person who operates a regional facility.

(n) “Party state” means any state that has become a party in 

accordance with Article 5 of this compact.

(o) “Person” means an individual, corporation, partnership or 

other legal entity, whether public or private.

(p) “Region” means the combined geographic area within the 

boundaries of the party states.

(q) “Regional facility” means a facility within any party state 

which has been approved by the Commission for the disposal of lowlevel waste.

(r) “Shallow land burial” means the disposal of low-level 

radioactive waste directly in subsurface trenches without additional 

confinement in engineered structures or by proper packaging in 

containers as determined by the law of the host state.

(s) “Transuranic waste” means low-level waste containing 

radionuclides with an atomic number greater than 92 which are 

excluded from shallow-land burial by the Federal Government.

(A) Creation and Organization.

(1) Creation–There is hereby created the Appalachian States 

Low-Level Radioactive Waste Commission. The Commission is 

hereby created as a body corporate and politic, with succession for 

the duration of this compact, as an agency and instrumentality of 

the governments of the respective signatory parties, but separate 

and distinct from the respective signatory party states. The 

Commission shall have central offices located in Pennsylvania.

(2) Commission Membership–The Commission shall consist 

of two voting members from each party state to be appointed 

according to the laws of each party state and two additional voting 

members from each host state to be appointed according to the 

laws of each host state. Upon selection of the site of the regional 

facility, an additional voting member shall be appointed to the 

Commission who shall be a resident of the county or municipality 

where the facility is to be located. The appointing authority of 

each party state shall notify the Commission in writing of the 

identities of the members and of any alternates. An alternate may 

vote and act in the member’s absence. No member shall have a 

financial interest in any industry which generates low-level 

radioactive waste, any low-level radioactive waste regional facility 

or any related industry for the duration of the member’s term. No 

more than one-half the members and alternates from any party 

state shall have been employed by or be employed by a low-level 

waste generator or related industry upon appointment to or during 

their tenure of office; provided, that no member shall have been 

employed by or be employed by a regional facility operator. No 

member or alternate from any party state shall accept employment 

from any regional facility operator or brokers for at least three 

years after leaving office.

(3) Compensation–Members of the Commission and 

alternates shall serve without compensation from the Commission 

but may be reimbursed for necessary expenses incurred in and 

incident to the performance of their duties.

(4) Voting Power–Each Commission member is entitled to 

one vote. Unless otherwise provided in this compact, affirmative 

votes by a majority of a host state’s members are necessary for the 

Commission to take any action related to the regional facility and 

Establishment.
Appalachian States Low-Level Waste Compact (P.L. 100–319) 375

the disposal and management of low-level waste within that host 

state.

(5) Organization and –

(a) The Commission shall provide for its own organization and 

procedures and shall adopt by-laws not inconsistent with this 

compact and any rules and regulations necessary to implement 

this compact. It shall meet at least once a year in the county 

selected to host a regional facility and shall elect a chairman and 

vice chairman from among its members. In the absence of the 

chairman, the vice chairman shall serve.

(b) All meetings of the Commission shall be open to the public 

with at least 14 days’ advance notice, except that the chairman 

may convene an emergency meeting with less advance notice. 

Each municipality and county selected to host a regional facility 

shall be specifically notified in advance of all Commission 

meetings. All meetings of the Commission shall be conducted in a 

manner that substantially conforms to the Administrative 

Procedure Act (5 U.S.C. Chapter 5, Subchapter II, and Chapter 7). 

The Commission may, by a two-thirds vote, including approval of 

a majority of each host state’s Commission members, hold an 

Executive Session closed to the public for the purpose of: 

considering or discussing legally privileged or proprietary 

information; to consider dismissal, disciplining of or hearing 

complaints or charges brought against an employee or other 

public agents unless such person requests such public hearing; or 

to consult with its attorney regarding information or strategy in 

connection with specific litigation. The reason for the Executive 

Session must be announced at least 14 days prior to the Executive 

Session, except that the chairman may convene an emergency 

meeting with less advance notice, in which case the reason for the 

Executive Session must be announced at the open meeting 

immediately subsequent to the Executive Session. All action taken 

in violation of this open meeting shall be null and void.

(c) Detailed written minutes shall be kept of all meetings of 

the Commission. All decisions, files, records and data of the 

Commission, except for information privileged against 

introduction in judicial proceedings, personnel records and 

minutes of a properly convened Executive Session, shall be open 

to public inspection subject to a procedure that substantially 

conforms to the Freedom of Information Act (Public Law 89-554, 

5 USC section552) and applicable Pennsylvania law and may be 

copied upon request and payment of fees which shall be no higher 

than necessary to recover copying costs.

(d) The Commission shall select an appropriate staff, 

including an Executive Director, to carry out the duties and 

functions assigned by the Commission. Notwithstanding any other 

provision of law, the Commission may hire and/or retain its own 

legal counsel.

(e) Any person aggrieved by a final decision of the 

Commission which adversely affects the legal rights, duties or 

privileges of such person may petition a court of competent 

jurisdiction, within 60 days after the Commission’s final decision, 

to obtain judicial review of said final decisions.

Public 

information.

Records.

Public 

Information.
376 Appalachian States Low-Level Waste Compact (P.L. 100–319)

(f) Liabilities of the Commission shall not be deemed 

liabilities of the party states. Members of the Commission shall 

not be personally liable for actions taken in their official capacity.

(B) Powers and Duties.

The Commission:

(a) Shall conduct research and establish regulations to promote 

a reasonable reduction of volume and curie content of low-level 

wastes generated in the region. The regulations shall be reviewed and, 

if necessary, revised by the Commission at least annually.

(b) Shall ensure, to the extent authorized by Federal law, that 

low-level wastes are safely disposed of within the region except that 

the Commission shall have no power or authority to license, regulate 

or otherwise develop a regional facility, such powers and authority 

being reserved for the host state(s) as permitted under the law.

(c) Shall designate as “host states” any party state which 

generates 25 percent or more of Pennsylvania’s volume or total curie 

content of low-level waste generated based on a comparison of 

averages over three successive years, as determined by the 

Commission. This determination shall be based on volume or total 

curie content, whichever is greater.

(d) Shall ensure, to the extent authorized by Federal law, that 

low-level waste packages brought into the regional facility for 

disposal conform to applicable state and Federal regulations. Lowlevel waste brokers or generators who violate these regulations will 

be subject to a fine or other penalty imposed by the Commission, 

including restricted access to a regional facility. The Commission 

may impose such fines and/or penalties in addition to any other 

penalty levied by the party states pursuant to Article 4(D).

(e) Shall establish such advisory committees as it deems 

necessary for the purpose of advising the Commission on matters 

pertaining to the management and disposal of low-level waste.

(f) May contract to accomplish its duties and effectuate its 

powers subject to projected available resources. No contract made by 

the Commission shall bind a party state.

(g) Shall prepare contingency plans for management and 

disposal of low-level waste in the event any regional facility should 

be closed or otherwise unavailable.

(h) Shall examine all records of operators of regional facilities 

pertaining to operating costs, profits or the assessment or collection of 

any charge, fee or surcharge and may make recommendations to the 

host state(s) which shall review the recommendations in accordance 

with its (their) own sovereign laws.

(i) Shall have the power to sue and be sued subject to Article 

(2)(A)(5)(e) and may seek to intervene in any administrative or 

judicial proceeding.

(j) Shall assemble and make available, to the party states and 

to the public, information concerning low-level waste management 

and disposal needs, technologies, and problems.

(k) Shall keep current and annual inventories of all generators 

by name and quantity of low-level waste generated within the region, 

based upon information provided by the party states. Inventory 

information shall include both volume in cubic feet and total curie

content of the low-level waste and all available information on 

chemical composition and toxicity of such wastes.

Regulations.

Research and 

development.

Contracts.

Records.

Records.
Appalachian States Low-Level Waste Compact (P.L. 100–319) 377

(1) Shall keep an inventory of all regional facilities and 

specialized facilities, including, but not necessarily restricted to, 

information on their size, capacity and location, as well as specific 

wastes capable of being managed, and the projected useful life of 

each regional facility. 

(m) Shall make and publish an annual report to the governors 

of the signatory party states and to the public detailing its programs, 

operations and finances, including copies of the annual budget and 

the independent audit required by this compact. 

(n) Notwithstanding any other provision of this compact to the 

contrary, may, with the unanimous approval of the Commission 

members of the host state(s), enter into temporary agreements with 

non-party states or other regional boards for the emergency disposal 

of low-level waste at the regional facility, if so authorized by law(s) 

of the host state(s), or other disposal facilities located in states that are 

not parties to this agreement.

(o) Shall promulgate regulations, pursuant to host state law, to 

specifically govern and define exactly what would constitute an 

emergency situation and exactly what restrictions and limitations 

would be placed on temporary agreements.

(p) Shall not accept any donations, grants, equipment, 

supplies, materials or services, conditional or otherwise, from any 

source, except from any Federal agency and from party states which 

are certified as being legal and proper under the laws of the donating 

party state.

(C) Budget and Operation.

(1) Fiscal Year–The Commission shall establish a fiscal year 

which conforms to the fiscal year of the Commonwealth of 

Pennsylvania.

(2) Current Expense Budget–Upon legislative enactment of this 

compact by two party states and each year until the regional facility 

becomes available, the Commission shall adopt a current expense 

budget for its fiscal year. The budget shall include the Commission’s 

estimated expenses for administration. Such expenses shall be 

allocated to the party states according to the following formula:

Each designated initial host state will be allocated costs equal 

to twice the costs of the other party states, but such costs will not 

exceed $200,000.

Each remaining party state will be allocated a cost of one half 

the cost of the initial host state, but such cost will not exceed 

$100,000.

The party states will include the amounts allocated above in 

their respective budgets, subject to such review and approval as 

may be required by their respective budgetary processes. Such 

amounts shall be due and payable to the Commission in quarterly 

installments during the fiscal year.

(3) Annual Budget Request–For continued funding of its 

activities, the Commission shall submit an annual budget request to 

each party state for funding, based upon the percentage of the 

region’s waste generated in each state in the region, as reported in the 

latest available annual inventory required under Article 2(B)(k). The 

percentage of waste shall be based on volume of waste or total curie 

content as determined by the Commission.

Records.

Reports.

Contracts.

Regulations.
378 Appalachian States Low-Level Waste Compact (P.L. 100–319)

(4) Annual Report to Include Budget–The Commission shall 

prepare and include in the annual report a budget showing anticipated 

receipts and disbursements for the ensuing year.

(5) Annual Independent Audit–

(a) As soon as practible after the closing of the fiscal year, an 

audit shall be made of the financial accounts of the Commission. The 

audit shall be made by qualified certified public accountants selected 

by the Commission, who have no personal direct or indirect interest 

in the financial affairs of the Commission or any of its officers or 

employees

The report of audit shall be prepared in accordance with accepted 

accounting practices and shall be filed with the chairman and such 

other officers s the Commission shall direct. Copies of the report shall 

be distributed to each Commission member and shall be made 

available for public distribution.

(b) Each signatory party, by its duly authorized officers, shall 

be entitled to examine and audit at any time all of the books, 

documents, records, files and accounts and all other papers, 

things or property of the Commission. The representatives of the 

signatory parties shall have access to all books, documents, 

records, accounts, reports, files and all other papers, things or 

property belonging to or in use by the Commission and necessary 

to facilitate the audit; and they shall be afforded full facilities for 

verifying transactions with the balances or securities held by 

depositaries, fiscal agents and custodians.

Article III–Rights, Responsibilities, and Obligations of Party States1

(A) Regional Facilities.

There shall be regional facilities sufficient to dispose of the low-level 

waste generated within the region. Each regional facility shall be capable 

of disposing of such low-level waste but in the form(s) required by 

regulations or license conditions. Specialized facilities for particular 

types of low-level waste management, reduction or treatment may not be 

developed in any party state unless they are in accordance with the laws 

and regulations of such state and applicable Federal laws and regulations.

(B) Equal Access to Regional Facilities.

Each party state shall have equal access as other party states to 

regional facilities located within the region and accepting low-level 

waste, provided, however, that the host state may close the regional 

facility located within its borders when necessary for public health and 

safety. However, a host state shall send notification to the Commission in 

writing within three (3) days of this action and shall, within thirty (30) 

working days, provide in writing the reasons for the closing.

(C) Initial Host State.

Pennsylvania and party states which generate 25 percent or more of 

the volume or curies of low-level waste generated by Pennsylvania, 

based on a comparison of averages over the three years 1982 through 

1984, are designated as “initial host states” and are required to develop 

and host low-level waste sites as regional facilities. The percentage of 

waste from each state shall be determined by cubic foot volume or total 

curie content, whichever is greater.

––––––––

1 There was no “Article II” in the original slip law.

Reports.

Public 

information.

Public health 

and safety.
Appalachian States Low-Level Waste Compact (P.L. 100–319) 379

(D) Exemption From Being Initial Host State.

Party states which generate less than 25 percent of the volume or 

curies of low-level waste generated by Pennsylvania, based on a 

comparison of averages over the years 1982 through 1984, shall be 

exempt from initial host state responsibilities. These states shall continue 

to be exempt as long as they generate less that 25 percent threshold over 

successive 3-year periods. Once a state generates an average of 25 

percent or more of the volume or curies generated by Pennsylvania over 

a successive 3-year period, it shall be designated as a “host state” for a 

30-year period by the Commission and shall immediately initiate 

development of a regional facility to be operational within five years. 

Such host state shall be prepared to accept at its regional facility lowlevel waste at least equal to that generated in the state. With Commission 

approval, any party state may volunteer to host a regional facility. The 

percentage of waste from each state shall be determined by either a cubic 

foot volume or total curie content, whichever is greater.

(E) Useful Life of Regional Facilities.

Pennsylvania and other host states are obligated to develop regional 

facilities for the duration of this compact. All regional facilities shall be 

designed for at least a 30-year useful life. At the end of the facility’s life, 

normal closure and maintenance procedures shall be initiated in 

accordance with the applicable requirements of the host state and the 

Federal Government. Each host state’s obligation for operating regional 

facilities shall remain as long as the state continues to produce over a 3-

year period 25 percent or more of the volume or curies of low-level waste 

generated by Pennsylvania.

(F) Duties of Host State.

Each host state shall:

(a) Cause a regional facility to be sited and developed on a timely 

basis.

(b) Ensure by law, consistent with applicable state and Federal 

law, the protection and preservation of public health, safety and 

environmental quality in the siting, design, development, licensure or 

other regulation, operation, closure, decommissioning, long-term care 

and the institutional control period of the regional facility within the 

state. To the extent authorized by Federal law, a host state may adopt 

more stringent laws, rules or regulations than required by Federal 

law.

(c) Ensure and maintain a manifest system which documents all 

waste-related activities of generators, brokers, carriers and related 

activities of generators, brokers, carriers and operators, and establish 

the chain of custody of waste from its initial generation to the end of 

its hazardous life. Copies of all such manifests shall be submitted to 

the Commission on a timely basis.

(d) Ensure that charges for disposal of low-level waste at the 

regional facility are sufficient to fully fund the safe disposal and 

perpetual care of the regional facility and that charges are assessed 

without discrimination as to the party state of origin.

(e) Submit an annual report to the Commission on the status of the 

regional facility which contains projections of the anticipated future 

capacity.

(f) Notify the Commission immediately if any exigency arises 

requiring the possible temporary or permanent closure of a regional 

facility within the state at a time earlier than was projected in the 

state’s most recent annual report to the Commission.

Environmental 

protection.

Public health 

and safety.

Reports.
380 Appalachian States Low-Level Waste Compact (P.L. 100–319)

(g) Require that the institutional control period of any disposal 

facility be at least as long as the hazardous life, as defined in Article 

1(h), of the radioactive materials that are disposed at that facility.

(h) Prohibit the use of any shallow land burial, as defined in 

Article (r), and develop alternative means for treatment, storage and 

disposal of low-level waste.

(i) Establish by law, to the extent not prohibited by Federal law, 

requirements for financial responsibility, including, but not limited to:

(i) Requirements for the purchase and maintenance of 

adequate insurance by generators, brokers, carriers and operators 

of the regional facility;

(ii) Requirements for the establishment of a long-term care 

fund to be funded by a fee placed on generators to pay for 

preventative or corrective measures of low-level waste to the 

regional facility; and

(iii) Any further financial responsibility requirements that 

shall be submitted by generators, brokers, carriers and operators 

as deemed necessary by the host state.

(G) Duties of Party State.

Each party state:

(a) Shall appropriate its portion of the Commission’s initial and 

annual budgets as set out in Article 2(C)(2) and (3).

(b) To the extent authorized by Federal law shall develop and 

enforce procedures requiring low-level waste shipments originating 

within its borders and destined for a regional facility to conform to 

volume reduction, packaging and transportation requirements and 

regulations as well as any other requirements specified by the 

regional facility. Such procedures shall include, but are not limited to:

(i) Periodic inspections of packaging and shipping practices;

(ii) Periodic inspections of low-level waste containers while in 

custody of carriers; and

(iii) Appropriate enforcement actions with respect to 

violations.

(c) To the extent authorized by Federal law, shall, after receiving 

notification from a host state or other person that a person in a party 

state has violated volume reduction, packaging, shipping or 

transportation requirements or regulations, take appropriate action to 

ensure that violations do not recur. Appropriate action shall include, 

but is not limited to, the requirement that a bond be posted by the 

violator to pay the cost of repackaging at the regional facility and the 

requirement that future shipments be inspected. Appropriate action 

may also include suspension of the violator’s use of the regional 

facility. Should such suspension be imposed, the suspension shall 

remain in effect until such time as the violator has, to the satisfaction 

of the party state imposing such suspension, complied with the 

appropriate requirements or regulations upon which the suspension 

was based and has taken appropriate action to ensure that such 

violation or violations do not recur.

(d) Shall maintain a registry of all generators and quantities 

generated within the state.

(H) Liability.

In the event of liability arising from the operation of any regional 

facility and during and after closure of that facility, each party state shall 

share in that liability in an amount equal to that state’s share of the 

region’s low-level waste disposed of at the facility. part of a host state or 

Records.
Appalachian States Low-Level Waste Compact (P.L. 100–319) 381

any party state, then any other host or party state(s) may make any claim 

allowable under law for that negligence, malfeasance or neglect. If such 

liability arises from a particular waste shipment or shipments to, or 

quantity of waste or condition at, the regional facility, then any host or 

party state may make any claim allowable under law for such liability. 

The percentage of waste shall be based on volume of waste or total curie 

content.

(I) Failure of Party State to Fulfill Obligations.

A party state which fails to fulfill its obligations, including timely 

funding of the Commission, may have its privileges under the Compact 

suspended or its membership in the Compact revoked by the Commission 

and be subject to any other legal equitable remedies available to the party 

states.

Article IV–Prohibited Acts and Penalties

(A) Prohibition.

It shall be unlawful for any person to dispose of low-level waste 

within the region except at a regional facility unless authorized by the 

Commission.

(B) Waste Disposed of Within Region.

After establishment of the regional facility(s), it shall be unlawful for 

any person to dispose of any low-level waste within the region unless the 

waste was generated within the region or unless authorized to do so both 

by the Commission and by law of the host state in which said disposal 

takes place. For the purpose of this compact, waste generated within the 

region excludes radioactive material shipped from outside the party states 

to a waste management facility within the region. In determining whether 

to grant such authorization, the factors to be considered by the 

Commission shall include, but not be limited to, the following:

(a) The impact on the health, safety and environmental quality of 

the citizens of the party states;

(b) The impact of importing waste on the available capacity and 

projected life of the regional facility;

(c) The availability of a regional facility appropriate for the safe 

disposal of the type of low-level waste involved.

(C) Waste Generated Within Region.

Any and all low-level waste generated within the region shall be 

disposed of at a regional facility, except for specific cases agreed upon by 

the Commission, with the affirmative votes by a majority of the 

Commission members of the host state(s) affected by the decision.

(D) Liability.

Generators, brokers and carriers of wastes, and owners and operators 

of sites shall be liable for their acts, omissions, conduct or relationships 

in accordance with all laws relating thereto. The party states shall impose 

a fine for any violation in an amount equal to the present and future costs 

associated with correcting any harm caused by the violation and shall 

assess punitive fines or penalties if it is deemed necessary. In addition, 

the host state shall bar any person who violates host state or Federal 

regulations from using the regional facility until that person demonstrates 

to the satisfaction of the host state the ability and willingness to comply 

with the law.

(E) Conflict of Interest.

(1) Prohibitions–

No commissioner, officer or employee shall:

Claims.

Public health 

and safety.

Environmental 

protection.
382 Appalachian States Low-Level Waste Compact (P.L. 100–319)

(a) Be financially interested, either directly or indirectly, in a 

contract, sale, purchase, lease or transfer of real or personal 

property to which the Commission is a party.

(b) Solicit or accept money or any other thing of value in 

addition to the expenses paid to him by the Commission for 

services performed within the scope of his official duties.

(c) Offer money or anything of value for or in consideration of 

obtaining an appointment, promotion or privilege in his 

employment with the Commission.

(2) Forfeiture of Office or Employment–Any officer or employee 

who shall willfully violate any of the provisions of this section shall 

forfeit his office or employment.

(3) Agreement Void–Any contract or agreement knowingly made 

in contravention of this section is void.

(4) Criminal and Civil Sanctions–

Officers and employees of the Commission shall be subject, in 

addition to the provisions of this section, to such criminal and civil 

sanctions for misconduct in office as may be imposed by Federal law 

and the law of the signatory state in which such misconduct occurs.

Article V–Eligibility, Entry Into Effect, Congressional Consent, 

Withdrawal

(A) Eligibility.

Only the States of Pennsylvania, West Virginia, Delaware and 

Maryland are eligible to become parties to this compact.

(B) Entry into Effect.

An eligible state may become a party state by legislative enactment of 

this compact or by executive order of the governor adopting this 

compact; provided, however, a state becoming a party state by executive 

order shall cease to be a party state upon adjournment of the first federal 

session of its legislature convened thereafter, unless the legislature shall 

have enacted this compact before such adjournment.

(C) Congressional Consent.

This compact shall take effect when it has been enacted by the 

legislatures of Pennsylvania and one or more eligible states. However, 

Article 4 (B) and (C) shall not take effect until Congress has consented to 

this compact. Every fifth year after such consent has been given, 

Congress may withdraw consent.

(D) Withdrawal.

A party state may withdraw from the compact by repealing the 

enactment of this compact, but no such withdrawal shall become 

effective until two years after enactment of the repealing legislation. If 

the withdrawing state is a host state, any regional facility in that state 

shall remain available to receive low-level waste generated within the 

region 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 construed to carry out 

the purposes of the compact, but the sovereign powers of a party state 

shall not unnecessarily be infringed.

(B) Severability.

Employment 

and 

unemployment.

Contracts.

Delaware.

Maryland

Pennsylvania.

West Virginia.

Effective dates.
Appalachian States Low-Level Waste Compact (P.L. 100–319) 383

If any part or application of this compact is held invalid, the 

remainder, or its application to other situations or persons, shall not be 

affected.
384 Southwestern Low-Level Waste Compact (P.L. 100–712)

D. SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE 

DISPOSAL COMPACT CONSENT ACT

Public Law 100–712 102 Stat. 4773

November 23, 1988

An Act

To grant the consent of the Congress to the Southwestern Low-Level 

Radioactive Waste Disposal Compact.

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled,

Sec. 1. Short Title

This Act may be cited as the “Southwestern Low-Level Radioactive 

Waste Disposal Compact Consent Act.”

Sec. 2. Congressional Finding

The Congress finds that the compact set forth in section 5 is in 

furtherance of the Low-Level Radioactive Waste Policy Act.

Sec. 3. Conditions of Consent to Compact

The consent of the Congress to the compact set forth in section 5–

(1) shall become effective on the date of the enactment of this 

Act;

(2) is granted subject to the provisions of the Low-Level 

Radioactive Waste Policy Act; and

(3) is granted only for so long as the regional commission 

established in the compact complies with all of the provisions of such 

Act.

Sec. 4. Congressional Review

The Congress may alter, amend, or repeal this Act with respect to the 

compact set forth in section 5 after the expiration of the 10-year period 

following the date of enactment of this Act, and at such intervals 

thereafter as may be provided in such compact.

Sec. 5. Southwestern Low-Level Radioactive Waste Compact

In accordance with section 4(a)(2) of the Low-Level Radioactive 

Waste Policy Act (42 USC 2021d(a)(2)), the consent of Congress is 

given to the states of Arizona, California, and any eligible states, as 

defined in article VII of the Southwestern Low-Level Radioactive Waste 

Disposal Compact, to enter into such compact. Such compact is 

substantially as follows:

Article I–Compact Policy and Formation

The party states hereby find and declare all of the following :

(A) The United States Congress, by enacting the Low-Level 

Radioactive Waste Policy Act, Public Law 96-573, as amended by 

the Low-Level Radioactive Waste Policy Amendments Act of 1985 

(42 USC section 2021b to 2021j, incl.), has encouraged the use of 

interstate compacts to provide for the establishment and operation of 

facilities for regional management of low-level radioactive waste.

Southwestern 

Low-Level 

Radioactive 

Waste Disposal 

Compact 

Consent Act.

42 USC 2021d

note.

Environmental 

protection.

42 USC 2021d

note.

42 USC 2021d

note.

42 USC 2021d 

note.

State listing.
Southwestern Low-Level Waste Compact (P.L. 100–712) 385

(B) It is the purpose of this compact to provide the means for such 

a cooperative effort between or among party states to protect the 

citizens of the states and the states’ environments.

(C) It is policy of party states to this compact to encourage the 

reduction of the volume of low-level radioactive waste requiring 

disposal within the compact region.

(D) It is the policy of the party states that the protection of the 

health and safety of their citizens and the most ecological and 

economical management of low-level radioactive wastes can be 

accomplished through cooperation of the states by minimizing the 

amount of handling and transportation required to dispose of these 

wastes and by providing facilities that serve the compact region.

(E) Each party state, if an agreement state pursuant to section 

2021 of Title 42 of the United States Code, or the Nuclear Regulatory 

Commission if not an agreement state, is responsible for the primary

regulation of radioactive materials within its jurisdiction.

Article II–Definitions

As used in this compact, unless the context clearly indicates 

otherwise, the following definitions apply:

(A) “Commission” means the Southwestern Low-Level 

Radioactive Waste Commission established in article III of this 

compact.

(B) “Compact region” or “region” means the combined 

geographical area with the boundaries of the party states.

(C) “Disposal” means the permanent isolation of low-level 

radioactive waste pursuant to requirements established by the Nuclear 

Regulatory Commission and the Environmental Protection Agency 

under applicable laws, or by a party state if the state hosts a disposal 

facility.

(D) “Generate,” when used in relation to low-level radioactive 

waste, means to produce low-level radioactive waste.

(E) “Generator” means a person whose activity, excluding the 

management of low-level radioactive waste, results in the production 

of low-level radioactive waste.

(F) “Host county” means a county, or similar political subdivision 

of a party state, in which a regional disposal facility is located or 

being developed.

(G) “Host state” means a party state in which a regional disposal 

facility is located or being developed. The state of California is the 

host state under this compact for the first thirty years from the date 

the California regional disposal facility commences operations.

(H) “Institutional control period” means that period of time in 

which the facility license is transferred to the disposal site owner in 

compliance with the appropriate regulations for long-term 

observation and maintenance following the postclosure period.

(I) “Low-level radioactive waste” means regulated radioactive 

material that meets all of the following requirements:

(1) The waste is not high-level radioactive waste, spent 

nuclear fuel, or by-product material (as defined in section 11e(2) 

of the Atomic Energy Act of 1954 (42 USC section 2014(e)(2)).

(2) The waste is not uranium mining or mill tailings.

(3) The waste is not any waste for which the Federal 

Government is responsible pursuant to subdivision (b) of section 3 

Public health 

and safety.
386 Southwestern Low-Level Waste Compact (P.L. 100–712)

of the Low-Level Radioactive Waste Policy Amendments Act of 

1985 (42 USC section 2021c(b)).

(4) The waste is not an alpha emitting transuranic nuclide 

with a half-life greater than five years and with a concentration 

greater than one hundred nanocuries per gram, or plutonium-241 

with a concentration greater than three thousand five hundred 

nanocuries per gram, or curium-242 with a concentration greater 

than twenty thousand nanocuries per gram.

(J) “Management” means collection, consolidation, storage, 

packaging, or treatment.

(K)”Major generator state” means a party state which generates 

10 percent of the total amount of low-level radioactive waste 

produced within the compact region and disposed of at the regional 

disposal facility. If no party state other than California generates at 

least ten percent of the total amount, “Major generator state” means 

the party state which is second to California in the amount of waste 

produced within the compact region and disposed of at the regional 

disposal facility.

(L) “Operator” means a person who operates a regional disposal 

facility.

(M) “Party state” means any state that has become a party in 

accordance with article VII of this compact.

(N) “Person” means an individual, corporation, partnership, or 

other legal entity, whether public or private.

(O) “Postclosure period” means that period of time after 

completion of closure of a disposal facility during which the licensee 

shall observe, monitor, and carry out necessary maintenance and 

repairs at the disposal facility to assure that the disposal facility will 

remain stable and will not need ongoing active maintenance. This 

period ends with the beginning of the institutional control period.

(P) “Regional disposal facility” means a non-Federal low-level 

radioactive waste disposal facility established and operated under this 

compact.

(Q) “Site closure and stabilization” means the activities of the 

disposal facility operator taken at the end of the disposal facility’s 

operating life to assure the continued protection of the public from 

any residual radioactive or other potential hazards present at the 

disposal facility.

(R) “Transporter” means a person who transports low-level 

radioactive waste.

(S) “Uranium mine and mill tailings” means waste resulting from 

mining and processing of ores containing uranium.

Article III–The Commission

(A) There is hereby established the Southwestern Low-Level 

Radioactive Waste Commission.

(1) The Commission shall consist of one voting member from 

each party state to be appointed by the governor, confirmed by the 

senate of that party state, and to serve at the pleasure of the governor 

of each party state, and one voting member from the host county. The 

appointing authority of each party state shall notify the Commission 

in writing of the identity of the member and any alternates. An 

alternate may act in the member’s absence.

Establishment.
Southwestern Low-Level Waste Compact (P.L. 100–712) 387

(2) The host state shall also appoint that number of additional 

voting members of the Commission which is necessary for the host 

state’s members to compose at least 51 percent of the membership on 

the Commission. The host state’s additional members shall be 

appointed by the host state governor and confirmed by the host state 

senate.

If there is more than one host state, only the state in which is 

located the regional disposal facility actively accepting low-level 

radioactive waste pursuant to this compact may appoint these 

additional members.

(3) If the host county has not been selected at the time the 

Commission is appointed, the governor of the host state shall appoint 

an interim local government member, who shall be an elected 

representative of a local government. After a host county is selected, 

the interim local government member shall resign and the governor 

shall appoint the host county member pursuant to paragraph (4).

(4) The governor shall appoint the host county member from a list 

of at least seven candidates compiled by the board of supervisors of 

the host county.

(5) In recommending and appointing the host county member 

pursuant to paragraph (4), the board of supervisors and the governor 

shall give first consideration to recommending and appointing the 

members of the board of supervisors in whose district the regional 

disposal facility is located or being developed. If the board of 

supervisors of the host county does not provide a list to the governor 

of at least seven candidates from which to choose, the governor shall 

appoint a resident of the host county as the host county member.

(6) The host county member is subject to confirmation by the 

senate of that party and shall serve at the pleasure of the governor of 

the host state.

(B) The Commission is a legal entity separate and distinct from the 

party states and shall be so liable for its actions. Members of the 

Commission shall not be personally liable for actions taken in their 

official capacity. The liabilities of the Commission shall not be deemed 

liabilities of the party states.

(C) The Commission shall conduct its business affairs pursuant to the 

laws of the host state and disputes arising out of Commission action shall 

be governed by the laws of the host state. The Commission shall be 

located in the capital city of the host state in which the regional disposal 

facility is located.

(D) The Commission’s records shall be subject to the host state’s 

public records law, and the meetings of the Commission shall be open 

and public in accordance with the host state’s open meeting law.

(E) The Commission members are public officials of the appointing 

state and shall be subject to the conflict of interest laws, as well as any 

other law, of the appointing state. The Commission members shall be 

compensated according to the appointing state’s law.

(F) Each Commission member is entitled to one vote. A majority of 

the Commission constitutes a quorum. Unless otherwise provided in this 

capacity, a majority of the total number of votes on the Commission is 

necessary for the Commission to take any action.

(G) The Commission has all of the following duties and authority:

(1) The Commission shall do, pursuant to the authority granted by 

this compact, whatever is reasonably necessary to ensure that lowPublic 

information.

Records.
388 Southwestern Low-Level Waste Compact (P.L. 100–712)

level radioactive wastes are safely disposed of and managed within 

the region.

(2) The Commission shall meet at least once a year and otherwise 

as business requires.

(3) The Commission shall establish a compact surcharge to be 

imposed upon party state generators. The surcharge shall be based 

upon the cubic feet of low-level radioactive waste and the 

radioactivity of the low-level radioactive waste and shall be collected 

by the operator of the disposal facility.

The host state shall set, and the Commission shall impose, the 

surcharge after congressional approval of the compact. The amount of 

the surcharge shall be sufficient to establish and maintain at a 

reasonable level funds for all of the following purposes:

(a) The activities of the Commission and Commission staff.

(b) At the discretion of the host state, a third-party liability 

fund to provide compensation for injury to persons or property 

during the operational, closure, stabilization, and postclosure and 

institutional control periods of the regional disposal facility. This 

subparagraph does not limit the responsibility or liability of the 

operator, who shall comply with any federal or host state statutes 

or regulations regarding third-party liability claims.

(c) A local government reimbursement fund, for the purpose 

of reimbursing the local government entity or entities hosting the 

regional disposal facility for any costs or increased burdens on the 

local governmental entity for services, including, but not limited 

to, general fund expenses, the improvement and maintenance of 

roads and bridges, fire protection, law enforcement, monitoring by 

local health officials, and emergency preparation and response 

related to the hosting of the regional disposal facility.

(4) The surcharges imposed by the Commission for purposes of 

subparagraphs (b) and (c) of paragraph (3) and surcharges pursuant to 

paragraph (3) of subdivision (E) of article IV shall be transmitted on a 

monthly basis to the host state for distribution to the proper accounts.

(5) The Commission shall establish a fiscal year which conforms 

to the fiscal years of the party states to the extent possible.

(6) The Commission shall keep an accurate account of all receipts 

and disbursements. An annual audit of the books of the Commission 

shall be conducted by an independent certified public accountant, and 

the audit report shall be made a part of the annual report of the 

Commission.

(7) The Commission shall prepare and include in the annual report 

a budget showing anticipated receipts and disbursements for the 

subsequent fiscal year.

(8) The Commission may accept any grants, equipment, supplies, 

materials, or services, conditional or otherwise, from the federal or 

state government. The nature, amount and condition, if any, of any 

donation, grant or other resources accepted pursuant to this paragraph 

and the identity of the donor or grantor shall be detailed in the annual 

report of the Commission.

However, the host state shall receive, for the uses specified in 

subparagraph (E) of paragraph (2) of subsection (d) of section 2021e 

of Title 42 of the United States Code, any payments paid from the 

special escrow account for which the Secretary of Energy is trustee 

pursuant to subparagraph (A) of paragraph (2) of subsection (d) of 

section 2021e of Title 42 of the United States Code.

Records.

Reports.

Gifts and 

property.
Southwestern Low-Level Waste Compact (P.L. 100–712) 389

(9) The Commission shall submit communications to the 

governors to the presiding officers of the legislatures of the party 

states regarding the activities of the Commission, including an annual 

report to be submitted on or before January 15 of each year. The 

Commission shall include in the annual report a review of, and 

recommendations for, low-level radioactive waste disposal methods 

which are alternative technologies to the shallow land burial of lowlevel radioactive waste.

(10) The Commission shall assemble and make available to the 

party states, and to the public, information concerning low-level 

radioactive waste management needs, technologies, and problems.

(11) The Commission shall keep a current inventory of all 

generators within the region, based upon information provided by the 

party states.

(12) The Commission shall keep a current inventory of all 

regional disposal facilities, including information on the size, 

capacity, location, specific low-level radioactive wastes capable of 

being managed, and the projected useful life of each regional disposal 

facility.

(13) The Commission may establish advisory committees for the 

purpose of advising the Commission on the disposal and management 

of low-level radioactive waste.

(14) The Commission may enter into contracts to carry out its 

duties and authority, subject to projected resources. No contract made 

by the Commission shall bind a party state.

(15) The Commission shall prepare contingency plans, with the 

cooperation and approval of the host state, for the disposal and 

management of low-level radioactive waste in the event that any 

regional disposal facility should be closed.

(16) The Commission may sue and be sued and, when authorized 

by a majority vote of the members, may seek to intervene in an 

administrative or judicial proceeding related to this compact.

(17) The Commission shall be managed by an appropriate staff, 

including an executive director. Notwithstanding any other provision 

of law, the Commission may hire or retain, or both, legal counsel.

(18) The Commission may, subject to applicable federal and state 

laws, recommend to the appropriate host state authority suitable land 

and rail transportation routes for low-level radioactive waste carriers.

(19) The Commission may enter into an agreement to import lowlevel radioactive waste into the region only if both of the following 

requirements are met–

(a) The Commission approves the importation agreement by a 

two-thirds vote of the Commission.

(b) The Commission and the host state assess the affected 

regional disposal facilities’ capability to handle imported lowlevel radioactive wastes and any relevant environmental or 

economic factors, as defined by the host state’s appropriate 

regulatory authorities.

(20) The Commission may, upon petition, allow an individual 

generator, a group of generators, or the host state of the compact, to 

export low-level radioactive wastes to a low-level radioactive waste 

disposal facility located outside the region. The Commission may 

approve the petition only by a two-thirds vote of the Commission. 

The permission to export low-level radioactive wastes shall be 

effective for that period of time and for the amount of low-level 

Reports.

Public 

information.

Records.

Records.
390 Southwestern Low-Level Waste Compact (P.L. 100–712)

radioactive waste, and subject to any other term or condition, which 

may be determined by the Commission.

(21) The Commission may approve, only by a two-thirds vote of 

the Commission, the exportation outside the region of material, which 

otherwise meets the criteria of low-level radioactive waste, if the sole 

purpose of the exportation is to process the material for recycling.

(22) The Commission shall, not later than 10 years before the 

closure of the initial or subsequent regional disposal facility, prepare 

a plan for the establishment of the next regional disposal facility.

Article IV–Rights, Responsibilities, and Obligations of Party States

(A) There shall be regional disposal facilities sufficient to dispose of 

the low-level radioactive waste generated within the region.

(B) Low-level radioactive waste generated within the region shall be 

disposed of at regional disposal facilities and each party state shall have 

access to any regional disposal facility without discrimination.

(C)(1) Upon the effective date of this compact, the State of California 

shall serve as the host state and shall comply with the requirements of 

subdivision (E) for at least 30 years from the date the regional disposal 

facility begins to accept low-level radioactive waste for disposal. The 

extension of the obligation and duration shall be at the option of the State 

of California.

If the State of California does not extend this obligation, the party 

state, other than the State of California, which is the largest major 

generator state shall then serve as the host state for the second regional 

disposal facility.

The obligation of a host state which hosts the second regional 

disposal facility shall also run for thirty years from the date the second 

regional disposal facility begins operations.

(2) The host state may close its regional disposal facility when 

necessary for public health or safety.

(D) The party states of this compact cannot be members of another 

regional low-level radioactive waste compact entered into pursuant to the 

Low-Level Radioactive Waste Policy Act, as amended by the Low-Level 

Radioactive Waste Policy Amendments Act of 1985 (42 USC sections 

2021b to 2021j, incl.).

(E) A host state shall do all of the following:

(1) Cause a regional disposal facility to be developed on a timely 

basis.

(2) Ensure by law, consistent with any applicable federal laws, the 

protection and preservation of public health and safety in the siting, 

design, development, licensing, regulation, operation, closure, 

decommissioning, and long-term care of the regional disposal 

facilities within the state.

(3) Ensure that charges for disposal of low-level radioactive waste 

at the regional disposal facility are reasonably sufficient to do all of 

the following:

(a) Ensure the safe disposal of low-level radioactive waste and 

long-term care of the regional disposal facility.

(b) Pay for the cost of inspection, enforcement, and 

surveillance activities at the regional disposal facility.

(c) Assure that charges are assessed without discrimination as 

to the party state of origin.

Public health 

and safety.

Public health 

and safety.
Southwestern Low-Level Waste Compact (P.L. 100–712) 391

(4) Submit an annual report to the Commission on the status of 

the regional disposal facility including projections of the facility’s 

anticipated future capacity.

(5) The host state and the operator shall notify the Commission 

immediately upon the occurrence of any event which could cause a 

possible temporary or permanent closure of a regional disposal 

facility.

(F) Each party state is subject to the following duties and 

authority:

(1) To the extent authorized by federal law, each party shall 

develop and enforce procedures requiring low-level radioactive 

waste shipments originating within its borders and destined for a 

regional disposal facility to conform to packaging and transportation 

requirements and regulations. These procedures shall include, but are 

not limited to, all of the following requirements:

(a) Periodic inspections of packaging and shipping practices.

(b) Periodic inspections of low-level radioactive waste containers 

while in the custody of transporters.

(c) Appropriate enforcement actions with respects to violations.

(2) A party state may impose a surcharge on the low-level 

radioactive waste generators within the state to pay for activities 

required by paragraph (1).

(3) To the extent authorized by federal law, each party state shall, 

after receiving notification from a host state that a person in a party 

state has violated packaging, shipping, or transportation requirements 

or regulations, take appropriate actions to ensure that these violations 

do not continue. Appropriate actions may include, but are not limited 

to, requiring that a bond be posted by the violator to pay the cost of 

repackaging at the regional disposal facility and prohibit future 

shipments to the regional disposal facility.

(4) Each party state shall maintain a registry of all generators 

within the state that may have low-level radioactive waste to be 

disposed of at a regional disposal facility, including, but not limited 

to, the amount of low-level radioactive waste and the class of lowlevel radioactive waste generated by each generator.

(5) Each party state shall encourage generators within its borders 

to minimize the volume of low-level radioactive waste requiring 

disposal.

(6) Each party state may rely on the good faith performance of the 

other party states to perform those acts which are required by this 

compact to provide regional disposal facilities, including the use of 

the regional disposal facilities in a manner consistent with this 

compact.

(7) Each party state shall provide the Commission with any data 

and information necessary for the implementation of the 

Commission’s responsibilities, including taking those actions 

necessary to obtain this data or information.

(8) Each party state shall agree that only low-level radioactive 

waste generated within the jurisdiction of the party states shall be 

disposed of in the regional disposal facility, except as provided in 

paragraph (19) of subdivision (G) of article III.

(9) Each party state shall agree that if there is any injury to 

persons or property resulting from the operation of a regional disposal 

facility, the damages resulting from the injury may be paid from the 

third-party liability fund pursuant to subparagraph (b) of paragraph 

Reports.

Commerce and 

trade.

Transportation.

Utilities.

Records.
392 Southwestern Low-Level Waste Compact (P.L. 100–712)

(3) of subdivision (G) of article III, only to the extent that the 

damages exceed the limits of liability insurance carried by the 

operator. No party state, by joining this compact, assumes any 

liability resulting from the siting, operation, maintenance, long-term 

care, or other activity relating to a regional facility, and no party state 

shall be liable for any harm or damage resulting from a regional 

facility not located within the state.

Article V–Approval of Regional Facilities

A regional disposal facility shall be approved by the host state in 

accordance with its laws. This compact does not confer any authority on 

the Commission regarding the siting, design, development, licensing, or 

other regulation, or the operation, closure, decommissioning, or longterm 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 waste within the 

region unless the disposal is at a regional disposal facility, except as 

otherwise provided in paragraphs (20) and (21) of subdivision (G) of 

article III.

(B) No person shall dispose of or manage any low-level radioactive 

waste within the region unless the low-level radioactive waste was 

generated within the region, except as provided in paragraphs (19), (20), 

and (21) of subdivision (G) of article III.

(C) Violations of this section shall be reported to the appropriate law 

enforcement agency within the party state’s jurisdiction.

(D) Violations of this section may result in prohibiting the violator 

from disposing of low-level radioactive waste in the regional disposal 

facility, as determined by the Commission or the host state.

Article VII–Eligibility, Entry into Effect, Congressional Consent, 

Withdrawal, Exclusion

(A) The States of Arizona, North Dakota, South Dakota, and 

California are eligible to become parties to this compact. Any other state 

may be made eligible by a majority vote of the Commission and 

ratification by the legislatures of all of the party states by statute, and 

upon compliance with those terms and conditions for eligibility which 

the host state may establish. The host state may establish all terms and 

conditions for the entry of any state, other than the states named in this 

subparagraph, as a member of this compact.

(B) Upon compliance with the other provisions of this compact, an 

eligible state may become a party state by legislative enactment of this 

compact or by executive order of the governor of the state adopting this 

compact. A state becoming a party state by executive order shall cease to 

be a party state upon adjournment of the first general session of its 

legislature convened after the executive order is issued, unless before the 

adjournment the legislature enacts this compact.

(C) A party state, other than the host state, may withdraw from the 

compact by repealing the enactment of this compact, but this withdrawal 

shall not become effective until two years after the effective date of the 

repealing legislation. If a party state which is a major generator of lowlevel radioactive waste voluntarily withdraws from the compact pursuant 
Southwestern Low-Level Waste Compact (P.L. 100–712) 393

to this subdivision, that state shall make arrangements for the disposal of 

the other party states’ low-level radioactive waste for a time period equal 

the period of time it was a member of this compact.

If the host state withdraws from the compact, the withdrawal shall not 

become effective until five years after the effective date of the repealing 

legislation.

(D) A party state may be excluded from this compact by a two-thirds 

vote of the Commission members, acting in a meeting, if the state to be 

excluded has failed to carry out any obligations required by compact.

(E) This compact shall take effect upon the enactment by statute by 

the legislatures of the State of California and at least 1 other eligible state 

and upon the consent of Congress and shall remain in effect until 

otherwise provided by federal law. This compact is subject to review by 

Congress and the withdrawal of the consent of Congress every 5 years 

after its effective date, pursuant to federal law.

Article VIII–Construction and Severability

(A) The provisions of this compact shall be broadly construed to 

carry out the purposes of the compact, but the sovereign powers of a 

party state shall not be infringed unnecessarily.

(B) This compact does not affect any judicial proceeding pending on 

the effective date of this compact.

(C) If any provision of this compact or the application thereof to any 

person or circumstances is held invalid, that invalidity shall not affect 

other provision or applications of the compact which can be given effect 

without the invalid provision or application, and to this end the 

provisions of this compact are severable.

(D) Nothing in this compact diminishes or otherwise impairs the 

jurisdiction, authority, or discretion of either of the following:

(1) The Nuclear Regulatory Commission pursuant to the Atomic 

Energy Act of 1954, as amended (42 USC section 2011 et seq.).

(2) An agreement state under section 274 of the Atomic Energy 

Act of 1954, as amended (42 USC section 2021).

(E) Nothing in this compact confers any new authority on the states 

or Commission to do any of the following:

(1) Regulate the packaging or transportation of low-level 

radioactive waste in a manner inconsistent with the regulations of the 

Nuclear Regulatory Commission or the United States Department of 

Transportation.

(2) Regulate health, safety, or environmental hazards from source, 

by-product, or special nuclear material.

(3) Inspect the activities of licensees of the agreement states or of 

the Nuclear Regulatory Commission.

Effective date.
394 Texas Low-Level Waste Compact (P.L. 105–236)

E. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL 

COMPACT CONSENT ACT

Public Law 105–236 112 Stat. 1542

September 20, 1998

An Act

To grant the consent of the Congress to the Texas Low-Level 

Radioactive Waste Disposal Compact.

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled,

Sec. 1. Short Title

This Act may be cited as the “Texas Low-Level Radioactive Waste 

Disposal Compact Consent Act.”

Sec. 2. Congressional Finding

The Congress finds that the compact set forth in section 5 is in 

furtherance of the Low-Level Radioactive Waste Policy Act (42 USC 

2021b et seq.).

Sec. 3. Conditions of Consent to Compact

The Consent of the Congress to the compact set forth in section 5–

(1) shall become effect on the date of the enactment of this Act;

(2) is granted subject to the provisions of the Low-Level 

Radioactive Waste Policy Act (42 USC 2021b et seq.); and

(3) is granted only for so long as the regional commission 

established in the compact complies with all of the provisions of such 

Act.

Sec. 4. Congressional Review

The Congress may alter, amend, or repeal this Act with respect to the 

compact set forth in section 5 after the expiration of the 10-year period 

following the date of the enactment of this Act, and at such intervals 

thereafter as may be provided in such compact.

Sec. 5. Texas Low-Level Radioactive Waste Compact

(a) CONSENT OF CONGRESS.–In accordance with section 4(a)(2) 

of the Low-Level Radioactive Waste Policy Act (42 USC 2021d(a)(2)), 

the consent of Congress is given to the States of Texas, Maine, and 

Vermont to enter into the compact set forth in subsection (b).

Article I. Policy and Purpose

SEC. 1.01. The party states recognize a responsibility for each state to 

seek to manage low-level radioactive waste generated within its 

boundaries, pursuant to the Low-Level Radioactive Waste Policy Act, as 

amended by the Low-Level Radioactive Waste Policy Amendments Act 

of 1985 (42 USC 2021b-2021j). They also recognize that the United 

States Congress, by enacting the Act, has authorized and encouraged 

states to enter into compacts for the efficient management and disposal of 

low-level radioactive water. It is the policy of the party states to 

cooperate in the protection of the health, safety, and welfare of their 

citizens and the environment and to provide for and encourage the 

economical management and disposal of low-level radioactive waste. It 

is the purpose of this compact to provide the framework for such a 

42 USC 2021d

note.

42 USC 2021d

note.

42 USC 2021d

note.

Effective date.

42 USC 2021d 

note.

42 USC 2021d 

note.

Maine.

Vermont.
Texas Low-Level Waste Compact (P.L. 105–236) 395

cooperative effort; to promote the health, safety, and welfare of the 

citizens and the environment of the party states; to limit the number of 

facilities needed to effectively, efficiently, and economically manage 

low-level radioactive waste and to encourage the reduction of the 

generation thereof; and to distribute the costs, benefits, and obligations 

among the party states; all in accordance with the terms of this compact.

Article II. Definitions

SEC. 2.01. As used in this compact, unless the context clearly 

indicates otherwise, the following definitions apply:

(1) “Act” means the Low-Level Radioactive Waste Policy Act, as 

amended by the Low-Level Radioactive Waste Policy Amendments 

Act of 1985 (42 USC 2021b-2021j).

(2) “Commission” means the Texas Low-Level Radioactive 

Waste Disposal compact Commission established in Article III of this 

compact.

(3) “Compact facility” or “facility” means any site, location, 

structure, or property located in and provided by the host state for the 

purpose of management or disposal of low-level radioactive waste for 

which the party states are responsible.

(4) “Disposal” means the permanent isolation of low-level 

radioactive waste pursuant to requirements established by the United 

States Nuclear Regulatory Commission and the United States 

Environmental Protection Agency under applicable laws, or by the 

host state.

(5) “Generate” when used in relation to low-level radioactive 

waste, means to produce low-level radioactive waste.

(6) “Generator” means a person who produces or processes lowlevel radioactive waste in the course of its activities, excluding 

persons who arrange for the collection, transportation, management, 

treatment, storage, or disposal of waste generated outside the party 

states, unless approved by the commission.

(7) “Host county” means a county in the host state in which a 

disposal facility is located or is being developed.

(8) “Host state” means a party state in which a compact facility is 

located or is being developed. The State of Texas is the host state 

under this compact.

(9) “Institutional control period” means that period of time 

following closure of the facility and transfer of the facility license 

from the operator to the custodial agency in compliance with the 

appropriate regulations for long-term observation and maintenance.

(10) “Low-Level radioactive waste” has the same meaning as that 

term is defined in section 2(9) of the Act (42 USC 2021b(9)), or in 

the host state statute so long as the waste is not incompatible with 

management and disposal at the compact facility.

(11) “Management” means collection, consolidation, storage,

packaging, or treatment.

(12) “Operator” means a person who operates a disposal facility.

(13) “Party state” means any state that has become a party in 

accordance with Article VII of this compact. Texas, Maine, and 

Vermont are initial party states under this compact.

(14) “Person” means an individual, corporation, partnership or 

other legal entity, whether public or private.
396 Texas Low-Level Waste Compact (P.L. 105–236)

(15) “Transporter” means a person who transports low-level 

radioactive waste.

Article III. The Commission

SEC. 3.01. There is hereby established the Texas Low-Level 

Radioactive Waste disposal Compact Commission. The commission shall 

consist of one voting member from each party state except that the host 

state shall be entitled to six voting members. Commission members shall 

be appointed by the party state governors, as provided by the laws of 

each party state. Each party state may provide alternates for each 

appointed member.

SEC. 3.02. A quorum of the commission consists of a majority of the 

members. Except as otherwise provided in this compact, an official act of 

the commission must receive the affirmative vote of a majority of its 

members.

SEC. 3.03. The commission is a legal entity separate and distinct 

from the party states and has governmental immunity to the same extent 

as an entity created under the authority of Article XVI, section 59, of the 

Texas Constitution. Members of the commission shall not be personally 

liable for actions taken in their official capacity. The liabilities of the 

commission shall not be deemed liabilities of the party states.

SEC. 3.04. The Commission shall:

(1) Compensate its members according to the host state’s law.

(2) Conduct its business, hold meetings, and maintain public 

records pursuant to laws of the host state, except that notice of public 

meetings shall be given in the non-host party states in accordance 

with 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 chair, or any 

member. The governor of the host state shall appoint a chair and vicechair.

(5) Keep an accurate account of all receipts and disbursements. 

An annual audit of the books of the commission shall be conducted 

by an independent certified public accountant, and the audit report 

shall be made a part of the annual report of the commission.

(6) Approve a budget each year and establish a fiscal year that 

conforms to the fiscal year of the host state.

(7) Prepare, adopt, and implement continency plans for the 

disposal and management of low-level radioactive waste in the event 

that the compact facility should be closed. Any plan which requires 

the host state to store or otherwise manage the low-level radioactive 

waste from all the party states must be approved by at least four host 

state members of the commission. The commission, in a contingency 

plan or otherwise, may not require a non-host party state to store lowlevel radioactive waste generated outside of the state.

(8) Submit communications to the governors and to the presiding 

officers of the legislatures of the party states regarding the activities 

of the commission, including an annual report to be submitted on or 

before January 31 of each year.

(9) Assembly and make available to the party states, and to the 

public, information concerning low-level radioactive waste 

management needs, technologies, and problems.

Establishment.

Records.

Records.

Reports.

Deadlines.

Public 

information.
Texas Low-Level Waste Compact (P.L. 105–236) 397

(10) Keep a current inventory of all generators within the party 

states, based upon information provided by the party states.

(11) By no later than 180 days after all members of the 

commission are appointed under section 3.01 of this article, establish 

by rule the total volume of low-level radioactive waste that the host 

state will dispose of in the compact facility in the years 1995-2045, 

including decommissioning waste. The shipments of low-level 

radioactive waste from all non-host party states shall not exceed 20 

percent of the volume estimated to be disposed of by the host state 

during the 50-year period. When averaged over such 50-year period, 

the total of all shipments from non-host party states shall not exceed 

20,000 cubic feet a year. The commission shall coordinate the 

volumes, timing, and frequency of shipments from generators in the 

non-host party states in order to assure that over the life of this 

agreement shipments from the non-host party states do not exceed 20 

percent of the volume projected by the commission under this 

paragraph.

SEC 3.05. The commission may:

(1) Employ staff necessary to carry out its duties and functions. 

The commission is authorized to use to the extent practicable the 

services of existing employees of the party states. Compensation shall 

be as determined by the commission.

(2) Accept any grants, equipment, supplies, materials, or services, 

conditional or otherwise, from the federal or state government. The 

nature, amount and condition , if any, of any donation, grant or other 

resources accepted pursuant to this paragraph and the identity of the 

donor or grantor shall be detailed in the annual report of the 

commission.

(3) Enter into contracts to carry out its duties and authority, 

subject to projected resources. No contract made by the commission 

shall bind a party state.

(4) Adopt, by a majority vote, bylaws and rules necessary to carry 

out the terms of this compact. Any rules promulgated by the 

commission shall be adopted in accordance with the Administrative 

Procedure and Texas Register Act (Article 6252-13a, Vernon’s Texas 

Civil Statutes).

(5) Sue and be sued and, when authorized by a majority vote of 

the members, seek to intervene in administrative or judicial 

proceedings related to this compact.

(6) Enter into an agreement with any person, state, regional body, 

or group of states for the importation of low-level radioactive waste 

into the compact for management or disposal, provided that the 

agreement receives a majority vote of the commission. The 

commission may adopt such conditions and restrictions in the 

agreement as it deems advisable.

(7) Upon petition, allow an individual generator, a group of 

generators, or the host state of the compact, to export low-level waste 

to a low-level radioactive waste disposal facility located outside the 

party states. The commission may approve the petition only by a 

majority vote of its members. The permission to export low-level 

radioactive waste shall be effective for that period of time and for the 

specified amount of low-level radioactive waste, and subject to any 

other term or condition, as is determined by the commission.

(8) Monitor the exportation outside of the party states of material, 

which otherwise meets the criteria of low-level radioactive waste, 

Records.

Deadlines.
398 Texas Low-Level Waste Compact (P.L. 105–236)

where the sole purpose of the exportation is to manage or process the 

material for recycling or waste reduction and return it to the party 

states for disposal in the compact facility.

SEC. 3.06. Jurisdiction and venue of any action contesting any action 

of the commission shall be in the United States District Court in the 

district where the commission maintains its office.

Article IV. Rights, Responsibilities, and Obligations of Party

SEC. 4.01. The host state shall develop and have full administrative 

control over the development, management and operation of a facility for 

the disposal of low-level radioactive waste generated within the party 

states. The host state shall be entitled to unlimited use of the facility over 

its operating life. Use of the facility by the non-host party states for 

disposal of low-level radioactive waste, including such waste resulting 

from decommissioning of any nuclear electric generation facilities 

located in the party states, is limited to the volume requirements of 

section 3.04(11) of Article III.

SEC. 4.02. Low-level radioactive waste generated within the party 

states shall be disposed of only at the compact facility, except as 

provided in section 3.05(7) of Article III.

SEC. 4.03. The initial states of this compact cannot be members of 

another low-level radioactive waste compact entered into pursuant to the 

Act.

SEC. 4.04. The host state shall do the following

(1) Cause a facility to be developed in a timely manner and 

operated and maintained through the institutional control period.

(2) Ensure, consistent with any applicable federal and host state 

laws, the protection and preservation of the environment and the 

public health and safety in the siting, design, development, licensing, 

regulation, operation, closure, decommissioning, and long-term care 

of the disposal facilities within the host state.

(3) Close the facility when reasonably necessary to protect the 

public health and safety of its citizens or to protect its natural 

resources from harm. However, the host state shall notify the 

commission of the closure within three days of its action and shall, 

within 30 working days of its action, provide a written explanation to 

the commission of the closure, and implement any adopted 

contingency plan.

(4) Establish reasonable fees for disposal at the facility of lowlevel radioactive waste generated in the party states based on disposal 

fee criteria set out in sections 402,272 and 402,273, Texas Health and 

Safety Code. The same fees shall be charged for the disposal of lowlevel radioactive waste that was generated in the host state and in the 

non-host party states. Fees shall also be sufficient to reasonably 

support the activities of the Commission.

(5) Submit an annual report to the commission on the status of the 

facility, including projections of the facility’s anticipated future 

capacity, and on the related funds.

(6) Notify the Commission immediately upon the occurrence of 

any event which could cause a possible temporary or permanent 

closure of the facility and identify all reasonable options for the 

disposal of low-level radioactive waste at alternate compact facilities 

or, by arrangement and commission vote, at non-compact facilities.

Notification.

Reports.

Notification.
Texas Low-Level Waste Compact (P.L. 105–236) 399

(7) Promptly notify the other party states of any legal action 

involving the facility.

(8) Identify and regulate, in accordance with federal and host state 

law, the means and routes of transportation of low-level radioactive 

waste in the host state.

SEC. 4.05. Each party state shall do the following:

(1) Develop and enforce procedures requiring low-level 

radioactive waste shipments originating within its borders and 

destined for the facility to conform to packaging, processing, and 

waste form specifications of the host state.

(2) Maintain a registry of all generators within the state that may 

have low-level radioactive waste to be disposed of at a facility, 

including, but not limited to, the amount of low-level radioactive 

waste and the class of low-level radioactive waste generated by each 

generator.

(3) Develop and enforce procedures requiring generators within 

its borders to minimize the volume of low-level radioactive waste 

requiring disposal. Nothing in this compact shall prohibit the storage, 

treatment, or management of waste by a generator.

(4) Provide the commission with any data and information 

necessary for the implementation of the commission’s 

responsibilities, including taking those actions necessary to obtain 

this data or information.

(5) Pay for community assistance projects designated by the host 

county in an amount for each non-host party state equal to 10 percent 

of the payment provided for in Article V for each such state. One-half 

of the payment shall be due and payable to the host county on the first 

day of the month following ratification of this compact agreement by 

Congress and one-half of the payment shall be due and payable on the 

first day of the month following the approval of a facility operating 

license by the host state’s regulatory body.

(6) Provide financial support for the commission’s activities prior 

to the date of facility operation and subsequent to the date of 

congressional ratification of this compact under section 7.07 of 

Article VII. Each party state will be responsible for annual payments 

equaling its pro-rata share of the commission’s expenses, incurred for 

administrative, legal, and other purposes of the commission.

(7) If agreed by all parties to a dispute, submit the dispute to 

arbitration or other alternate dispute resolution process. If arbitration 

is agreed upon, the governor of each party state shall appoint an 

arbitrator. If the number of party states is an even number, the 

arbitrators so chosen shall appoint an additional arbitrator. The 

determination of a majority of the arbitrators shall be binding on the 

party states. Arbitration proceedings shall be conducted in accordance 

with the provisions of 9 USC sections 1 to 16. If all parties to a 

dispute do not agree to arbitration or alternate dispute resolution 

process, the United States District Court in the district where the 

commission maintains its office shall have original jurisdiction over 

any action between or among parties to this compact.

(8) Provide on a regular basis to the commission and host state–

(A) an accounting of waste shipped and proposed be 

shipped to the compact facility, by volume and curies;

(B) proposed transportation methods and routes; and

(C) proposed shipment schedules.

Notification.
400 Texas Low-Level Waste Compact (P.L. 105–236)

(9) Seek to join in any legal action by or against the host state to 

prevent nonparty states or generators from disposing of low-level 

radioactive waste at the facility.

SEC. 4.06. Each party state shall act in good faith and may rely on 

the good faith performance of the other party states regarding 

requirements of this compact.

Article V. Party State Contributions

SEC. 5.01. Each party state, except the host state, shall contribute a 

total of $25 million to the host state. Payments shall be deposited in the 

host state treasure to the credit of the low-level waste fund in the 

following manner except as otherwise provided. Not later than the 60th

day after the date of congressional ratification of this compact, each state 

shall pay to the host state $12.5 million. Not later than the 60th day after 

the date of the opening of the compact facility, each non-host party state 

shall pay to the host state an additional $12.5 million.

SEC. 5.02. As an alternative, the host state and the non-host states 

may provide for payments in the same total amount as stated above to be 

made to meet the principal and interest expense associated with the bond 

indebtedness or other form of indebtedness issued by the appropriate 

agency of the host state for purposes associated with the development, 

operation, and post-closure monitoring of the compact facility. In the 

event the member states proceed in this manner, the payment schedule 

shall be determined in accordance with the schedule of debt repayment. 

This schedule shall replace the payment schedule described in section 

5.01 of this article.

Article VI. Prohibited Acts and Penalties

SEC. 6.01. No person shall dispose of low-level radioactive waste 

generated within the party states unless the disposal is at the compact 

facility, except as otherwise provided in section 3.05(7) of Article III..

SEC. 6.02. No person shall manage or dispose of any low-level 

radioactive waste within the party states unless the low-level radioactive 

waste was generated within the party states, except as provided in section 

3.05(6) of Article III. Nothing herein shall be construed to prohibit the 

storage or management of low-level radioactive waste by a generator, nor 

its disposal pursuant to 10 CFR Part 20.302.

SEC. 6.03. Violations of this article may result in prohibiting the 

violator from disposing of low-level radioactive waste in the compact 

facility, or in the imposition of penalty surcharges on shipments to the 

facility, as determined by the commission.

Article VII. Eligibility, Entry into Effect; Congressional Consent; 

Withdrawal; Exclusion

SEC. 7.01. The states of Texas, Maine, and Vermont are party states 

to this compact. Any other state may be made eligible for party status by 

a majority vote of the commission and ratification by the legislature of 

the host state, subject to fulfillment of the rights of the initial non-host 

party states under section 3.04(11) of Article III and section 4.01 of 

Article IV, and upon compliance with those terms and conditions for 

eligibility that the host state may establish. The host state may establish 

all terms and conditions for the entry of any state, other than the states 

Deadline.
Texas Low-Level Waste Compact (P.L. 105–236) 401

names in this section, as a member of this compact; provided, however, 

the specific provisions of this compact, except for those pertaining to the 

composition of the commission and those pertaining to section 7.09 of 

this article, may not be changed except upon ratification by the 

legislatures of the party states.

SEC. 7.02. Upon compliance with the other provisions of this 

compact, a state made eligible under section 7.01 of this article may 

become a party state by legislative enactment of this compact or by 

executive order of the governor of the state adopting this compact. A 

state becoming a party state by executive order shall cease to be a party 

state upon adjournment of the first general session of its legislature 

convened after the executive order is issued, unless before the 

adjournment, the legislature enacts this compact.

SEC. 7.03. Any party state may withdraw from this compact by 

repealing enactment of this compact subject to the provisions herein. In 

the event the host state allows an additional state or additional states to 

join the compact, the host state’s legislature, without the consent of the 

non-host party states, shall have the right to modify the composition of 

the commission so that the host state shall have a voting majority on the 

commission, provided, however, that any modification maintains the 

right of each initial party state to retain one voting member on the 

commission.

SEC. 7.04. If the host state withdraws from the compact, the 

withdrawal shall not become effective until five years after enactment of 

the repealing legislation and the non-host party states may continue to 

use the facility during that time. The financial obligation of the non-host 

party states under Article V shall cease immediately upon enactment of 

the repealing legislation. If the host state withdraws from the compact or 

abandons plans to operate a facility prior to the date of any non-host 

party state payment under sections 4.05(5) and (6) of Article IV or 

Article V, the non-host party states are relieved of any obligations to 

make the contributions. This section sets out the exclusive remedies for 

the non-host party states if the host state withdraws from the compact or 

is unable to develop and operate a compact facility.

SEC. 7.05. A party state, other than the host state, may withdraw 

from the compact by repealing the enactment of this compact, but this 

withdrawal shall not become effective until two years after the effective 

date of the repealing legislation. During this two-year period the party 

state will continue to have access to the facility. The withdrawing party 

shall remain liable for any payments under sections 4.05(5) and (6) of 

Article IV that were due during the two-year period, and shall not be 

entitled to any refund of payments previously made.

SEC. 7.06. Any party state that substantially fails to comply with the 

terms of the compact or to fulfill its obligations hereunder may have its 

membership in the compact revoked by a seven-eighths vote of the 

commission following notice that a hearing will be scheduled not less 

than six months from the date of the notice. In all other respects, 

revocation proceedings undertaken by the commission will be subject to 

the Administrative Procedure and Texas Register Act (Article 6252-13a, 

Vernon’s Texas Civil Statutes), except that a party state may appeal the 

commission’s revocation decision to the United States District Court in 

accordance with section 3.06 of Article III. Revocation shall take effect 

one year from date such party state receives written notice from the 

commission of a final action.

Effective Date.

Effective date.

Effective date.
402 Texas Low-Level Waste Compact (P.L. 105–236)

Written notice of revocation shall be transmitted immediately following 

the vote of the commission, by the chair, to the governor of the affected 

party state, all other governors of party states, and to the United States 

Congress.

SEC. 7.07. This compact shall take effect following its enactment 

under the laws of the host state and any other party state and thereafter 

upon the consent of the United States Congress and shall remain in effect 

until otherwise provided by federal law. If Texas and either Maine or 

Vermont ratify this compact, the compact shall be in full force and effect 

as to Texas and the other ratifying state, and this compact shall be 

interpreted as follows:

(1) Texas and the other ratifying state are the initial party states.

(2) The commission shall consist of two voting members from the 

other ratifying state and six from Texas.

(3) Each party state is responsible for its pro-rata share of the 

commission’s expenses.

SEC. 7.08. This compact is subject to review by the United States 

Congress and the withdrawal of the consent of Congress every five years 

after its date, pursuant to federal law.

SEC. 7.09. The host state legislature, with the approval of the 

governor, shall have the right and authority, without the consent of the 

non-host party states, to modify the provisions contained in section 

3.04(11) of Article III to comply with section 402.219(c)(1), Texas 

Health & Safety Code, as long as the modification does not impair the 

rights of the initial non-hose party states.

Article VIII. Construction and Severability

SEC. 8.01. The provisions of this compact shall be broadly construed 

to carry out the purposes of the compact, but the sovereign powers of a 

party shall not be infringed upon unnecessarily.

SEC. 8.02. This compact does not affect any judicial proceeding 

pending on the effective date of this compact.

SEC. 8.03. No party state acquires any liability, by joining this 

compact, resulting from the siting, operation, maintenance, long-term 

care or any other activity relating to the compact facility. No non-host 

party state shall be liable for any harm or damage from the siting, 

operation, maintenance, or long-term care relating to the compact 

facility. Except as otherwise expressly provided in this compact, nothing 

in this compact shall be construed to alter the incidence of liability of any 

kind for any act or failure to act. Generators, transporters, owners and 

operators of the facility shall be liable for their acts, omissions, conduct 

or relationships in accordance with applicable law. By entering. into this 

compact and securing the ratification by Congress of its terms, no party 

state acquires a potential liability under section 5(d)(2)(C) of the Act (42 

USC section 202le(d)(2)(C)) that did not exist prior to entering into this 

compact.

SEC. 8.04. If a party state withdraws from the compact pursuant to 

section 7.03 of Article VII or has its membership in this compact revoked 

pursuant to section 7.06 of Article VII, the withdrawal or revocation shall 

not affect any liability already incurred by or chargeable to the affected 

state under section 8.03 of this article.

SEC. 8.05. The provisions of this compact shall be severable and if 

any phrase, clause, sentence, or provision of this compact is declared by a 

court of competent jurisdiction to be contrary to the constitution of any 

Effective date.
Texas Low-Level Waste Compact (P.L. 105–236) 403

participating state or of the United States or the applicability thereof to 

any government, agency, person or circumstances is held invalid, the 

validity of the remainder of this compact and the applicability thereof to 

any government, agency, person, or circumstance shall not be affected 

thereby to the extent the remainder can in all fairness be given effect. If 

any provision of this compact shall be held contrary to the constitution of 

any state participating therein, the compact shall remain in full force and 

effect as to the state affected as to all severable matters.

SEC. 8.06. Nothing in this compact diminishes or otherwise impairs 

the jurisdiction, authority, or discretion of either of the following:

(1) The United States Nuclear Regulatory Commission pursuant 

to the Atomic Energy Act of 1954, as amended (42 USC section 

2011 et. seq.).

(2) An agreement state under section 274 of the Atomic Energy 

Act of 1954, as amended (42 USC 2021).

SEC. 8.07. Nothing in this compact confers any new authority on the 

states or commission to do any of the following:

(1) Regulate the packaging or transportation of low-level 

radioactive waste in a manner inconsistent with the regulations of the 

United States Nuclear Regulatory Commission or the United States 

Department of Transportation.

(2) Regulate health, safety, or environmental hazards from source, 

by-product, or special nuclear material.

(3) Inspect the activities of licensees of the agreement states or of the 

United States Nuclear Regulatory Commission.

High-Level Radioactive Waste 405

6. High-Level Radioactive Waste

High-Level Radioactive Waste 407

6. High-Level Radioactive Waste

Contents

A. NUCLEAR WASTE POLICY ACT OF 1982, AS AMENDED.......... 411

Sec. 1. Short Title and Table of Contents................................................ 411

Sec. 2. Definitions ...................................................................................... 411

Sec. 3. Separability .................................................................................... 414

Sec. 4. Territories and Possessions........................................................... 414

Sec. 5. Ocean Disposal............................................................................... 414

Sec. 6. Limitation on Spending Authority............................................... 414

Sec. 7. Protection of Classified National Security Information............. 414

Sec. 8. Applicability................................................................................... 414

Sec. 9. Applicability................................................................................... 415

Title I–Disposal and Storage of High-Level Radioactive Waste, Spent 

Nuclear Fuel, and Low-Level Radioactive Waste........................................... 415

Sec. 101. State and Affected Indian Tribe Participation in 

Development of Proposed Repositories for Defense Waste ................... 415

Subtitle A–Repositories for Disposal of High-Level Radioactive Waste and 

Spent Nuclear Fuel.................................................................................. 415

Sec. 111. Findings and Purposes.............................................................. 415

Sec. 112. Recommendation of Candidate Sites for Site 

Characterization........................................................................................ 416

Sec. 113. Site Characterization................................................................. 419

Sec. 114. Site Approval and Construction Authorization...................... 421

Sec. 115. Review of Repository Site Selection ......................................... 424

Sec. 116. Participation of States............................................................... 427

Sec. 117. Consultation with States and Affected Indian Tribes ............ 430

Sec. 118. Participation of Indian Tribes.................................................. 432

Sec. 119. Judicial Review of Agency Actions .......................................... 434

Sec. 120. Expedited Authorizations ......................................................... 435

Sec. 121. Certain Standards and Criteria ............................................... 435

Sec. 122. Disposal of Spent Nuclear Fuel................................................. 436

Sec. 123. Title to Material......................................................................... 436

Sec. 124. Consideration of Effect of Acquisition of Water Rights......... 436

Sec. 125. Termination of Certain Provisions........................................... 437

Subtitle B–Interim Storage Program .................................................................. 437

Sec. 131. Findings and Purposes.............................................................. 437

Sec. 132. Available Capacity for Interim Storage of Spent Nuclear 

Fuel............................................................................................................. 437

Sec. 133. Interim at Reactor Storage ....................................................... 438

Sec. 134. Licensing of Facility Expansions and Transshipments .......... 438

Sec. 135. Storage of Spent Nuclear Fuel.................................................. 439

Sec. 136. Interim Storage Fund................................................................ 445

Sec. 137. Transportation........................................................................... 448

Subtitle C–Monitored Retrievable Storage......................................................... 449

Sec. 141. Monitored Retrievable Storage ................................................ 449

Sec. 142. Authorization of Monitored Retrievable Storage ................... 451

Sec. 143. Monitored Retrievable Storage Commission .......................... 451

Sec. 144. Survey......................................................................................... 453

Sec. 145. Site Selection .............................................................................. 454
408 High-Level Radioactive Waste

Sec. 146. Notice of Disapproval................................................................ 454

Sec. 147. Benefits Agreement ................................................................... 455

Sec. 148. Construction Authorization...................................................... 455

Sec. 149. Financial Assistance .................................................................. 456

Subtitle D–Low-Level Radioactive Waste........................................................... 456

Sec. 151. Financial Arrangements for Low-Level Radioactive Waste 

Site Closure ................................................................................................ 456

Subtitle E–Redirection of the Nuclear Waste Program..................................... 457

Sec. 160. Selection of Yucca Mountain Site............................................. 457

Sec. 161. Siting a Second Repository ....................................................... 457

Subtitle F–Benefits................................................................................................ 458

Sec. 170. Benefits Agreements.................................................................. 458

Sec. 171. Content of Agreements.............................................................. 459

Sec. 172. Review Panel.............................................................................. 460

Sec. 173. Termination ............................................................................... 461

Subtitle G–Other Benefits .................................................................................... 461

Sec. 174. Consideration in Siting Facilities ............................................. 461

Sec. 175. Report......................................................................................... 461

Subtitle H–Transportation ................................................................................... 462

Sec. 180. Transportation........................................................................... 462

Title II–Research, Development, and Demonstration Regarding Disposal of 

High-Level Radioactive Waste and Spent Nuclear Fuel ................................ 463

Sec. 211. Purpose....................................................................................... 463

Sec. 212. Applicability............................................................................... 463

Sec. 213. Identification of Sites................................................................. 463

Sec. 214. Siting Research and Related Activities.................................... 464

Sec. 215. Test and Evaluation Facility Siting Review and Reports....... 465

Sec. 216. Federal Agency Actions............................................................. 466

Sec. 217. Research and Development on Disposal of High-Level 

Radioactive Waste..................................................................................... 466

Sec. 218. Research and Development on Spent Nuclear Fuel................ 469

Sec. 219. Payments to States and Indian Tribes..................................... 471

Sec. 220. Study of Research and Development Needs for Monitored 

Retrievable Storage Proposal................................................................... 471

Sec. 221. Judicial Review .......................................................................... 471

Sec. 222. Research on Alternatives for the Permanent Disposal of 

High-Level Radioactive Waste................................................................. 472

Sec. 223. Technical Assistance to Non-Nuclear Weapon States in the

Field of Spent Fuel Storage and Disposal................................................ 472

Sec. 224. Subseabed Disposal ................................................................... 473

Title III–Other Provisions Relating to Radioactive Waste................................ 473

Sec. 301. Mission Plan............................................................................... 473

Sec. 302. Nuclear Waste Fund.................................................................. 475

Sec. 303. Alternative Means of Financing ............................................... 479

Sec. 304. Office of Civilian Radioactive Waste Management................ 479

Sec. 305. Location of Test and Evaluation Facility................................. 480

Sec. 306. Nuclear Regulatory Commission Training Authorization..... 481

Title IV–Nuclear Waste Negotiator ..................................................................... 481

Sec. 401. Definition.................................................................................... 481

Sec. 402. The Office of the Nuclear Waste Negotiator ........................... 481

Sec. 403. Duties of the Negotiator ............................................................ 481
High-Level Radioactive Waste 409

Sec. 404. Environmental Assessment of Sites.......................................... 483

Sec. 405. Site Characterization; Licensing .............................................. 483

Sec. 406. Monitored Retrievable Storage ................................................ 484

Sec. 407. Environmental Impact Statement............................................ 484

Sec. 408. Administrative Powers of the Negotiator ................................ 484

Sec. 409. Cooperation of Other Departments and Agencies.................. 485

Sec. 410. Termination of the Office.......................................................... 485

Sec. 411. Authorization of Appropriations.............................................. 485

Title V–Nuclear Waste Technical Review Board ............................................... 485

Sec. 501. Definitions .................................................................................. 485

Sec. 502. Nuclear Waste Technical Review Board ................................. 485

Sec. 503. Functions.................................................................................... 486

Sec. 504. Investigatory Powers................................................................. 486

Sec. 505. Compensation of Members....................................................... 487

Sec. 506. Staff............................................................................................. 487

Sec. 507. Support Services........................................................................ 487

Sec. 508. Report......................................................................................... 488

Sec. 509. Authorization of Appropriations.............................................. 488

Sec. 510. Termination of the Board ......................................................... 488

B. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT 

OF 1992—(ENVIRONMENTAL PROTECTION STANDARDS)...... 489

Title VIII–High-Level Radioactive Waste........................................................... 489

Sec. 801. Nuclear Waste Disposal............................................................. 489

Sec. 803. Nuclear Waste Management Plan............................................ 490

C. PERTINENT PROVISIONS OF THE RONALD W. REAGAN 

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL 

YEAR 2005—(WASTE INCIDENTAL TO REPROCESSING).......... 492

Sec. 3116. Defense Site Acceleration Completion ................................... 492

D. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT 

OF 2005—(GREATER-THAN-CLASS C WASTE) ............................. 494

Sec. 631. Safe Disposal of Greater-Than-Class C Radioactive Waste .. 494

Nuclear Waste Policy Act of 1982 (P.L. 97–425) 411

A. NUCLEAR WASTE POLICY ACT OF 1982, AS AMENDED

Public Law 97–425 96 Stat. 2201

January 7, 1983

Sec. 1. Short Title and Table of Contents

This Act may be cited as the "Nuclear Waste Policy Act of 1982." 

(TOC not duplicated here.)

Sec. 2. Definitions

For purposes of this Act:

(1) The term "Administrator" means the Administrator of the 

Environmental Protection Agency.

(2) The term "affected Indian tribe" means any Indian tribe–

(A) within whose reservation boundaries a monitored 

retrievable storage facility, test and evaluation facility, or a 

repository for high-level radioactive waste or spent fuel is 

proposed to be located;

(B) whose federally defined possessory or usage rights to 

other lands outside of the reservation’s boundaries arising out of 

congressionally ratified treaties may be substantially and 

adversely affected by the locating of such a facility: Provided, 

That the Secretary of the Interior finds, upon the petition of the 

appropriate governmental officials of the tribe, that such effects 

are both substantial and adverse to the tribe;

(3) the term "atomic energy defense activity" means any activity 

of the Secretary performed in whole or in part in carrying out any of 

the following functions:

(A) naval reactors development;

(B) weapons activities including defense inertial confinement 

fusion;

(C) verification and control technology;

(D) defense nuclear materials production;

(E) defense nuclear waste and materials by-products 

management;

(F) defense nuclear materials security and safeguards and 

security investigations; and

(G) defense research and development.

(4) The term "candidate site" means an area, within a geologic and 

hydrologic system, that is recommended by the Secretary under 

section 112 for site characterization, approved by the President under 

section 112 for site characterization, or undergoing site 

characterization under section 113.

(5) The term "civilian nuclear activity" means any atomic energy 

activity other than an atomic energy defense activity.

(6) The term "civilian nuclear power reactor" means a civilian 

nuclear power plant required to be licensed under section 103 or 

104b. of the Atomic Energy Act of 1954 (42 USC 2133, 2134(b)).

(7) The term "Commission" means the Nuclear Regulatory 

Commission.

(8) The term "Department" means the Department of Energy.

(9) The term "disposal" means the emplacement in a repository of 

high-level radioactive waste, spent nuclear fuel, or other highly 

radioactive material with no foreseeable intent of recovery, whether 

or not such emplacement permits the recovery of such waste.

42 USC 10101.
412 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(10) The terms "disposal package" and "package" mean the 

primary container that holds, and is in contact with, solidified highlevel radioactive waste, spent nuclear fuel, or other radioactive 

materials, and any overpacks that are emplaced at a repository.

(11) The term "engineered barriers" means manmade components 

of a disposal system designed to prevent the release of radionuclides 

into the geologic medium involved. Such term includes the high-level 

radioactive waste form, high-level radioactive waste canisters, and 

other materials placed over and around such canisters.

(12) The term "high-level radioactive waste" means–

(A) the highly radioactive material resulting from the 

reprocessing of spent nuclear fuel, including liquid waste 

produced directly in reprocessing and any solid material derived 

from such liquid waste that contains fission products in sufficient 

concentrations; and

(B) other highly radioactive material that the Commission, 

consistent with existing law, determines by rule requires 

permanent isolation.

(13) The term "Federal agency" means any Executive agency, as 

defined in section 105 of title 5, United States Code.

(14) The term "Governor" means the chief executive officer of a 

State.

(15) The term "Indian tribe" means any Indian tribe, band, nation, 

or other organized group or community of Indians recognized as 

eligible for the services provided to Indians by the Secretary of the 

Interior because of their status as Indians, including any Alaska 

Native village, as defined in section 3(c) of the Alaska Native Claims 

Settlement Act (43 USC 1602(c)).

(16) The term "low-level radioactive waste" means radioactive 

material that–

(A) is not high-level radioactive waste, spent nuclear fuel, 

transuranic waste, or by-product material as defined in section 

11e(2) of the Atomic Energy Act of 1954 (42 USC 2014(e)(2)); 

and

(B) the Commission, consistent with existing law, classifies as 

low level radioactive waste.

(17) The term "Office" means the Office of Civilian Radioactive 

Waste Management established in section 305.

(18) The term "repository" means any system licensed by the 

Commission that is intended to be used for, or may be used for, the 

permanent deep geologic disposal of high-level radioactive waste and 

spent nuclear fuel, whether or not, such system is designed to permit 

the recovery, for a limited period during initial operation, of any 

materials placed in such system. Such term includes both surface and 

subsurface areas at which high-level radioactive waste and spent 

nuclear fuel handling activities are conducted.

(19) The term "reservation" means–

(A) any Indian reservation or dependent Indian community 

referred to in clause 9a) or (b) of section 1151 of title 18, United 

States Code; or

(B) any land selected by an Alaska Native village or regional 

corporation under the provisions of the Alaska Native Claims 

Settlement Act (43 USC 1601 et seq.).

(20) The term "Secretary" means the Secretary of Energy.

(21) The term "site characterization" means–
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 413

(A) siting research activities with respect to a test and 

evaluation facility at a candidate site; and

(B) activities, whether in the laboratory or in the field, 

undertaken to establish the geologic condition and the ranges of 

the parameters of a candidate site relevant to the location of a 

repository, including borings, surface excavations, excavations of 

exploratory shafts, limited subsurface lateral excavations and 

borings, and in situ testing needed to evaluate the suitability of a 

candidate site for the location of a repository, but not including 

preliminary borings and geophysical testing needed to assess 

whether site characterization should be undertaken.

(22) The term "siting research" means activities, including 

borings, surface excavations, shaft excavations, subsurface lateral 

excavations and borings, and in situ testing, to determine the 

suitability of a site for a test and evaluation facility. 

(23) The term "spent nuclear fuel" means fuel that has been 

withdrawn from a nuclear reactor following irradiation, the 

constituent elements of which have not been separated by 

reprocessing.

(24) The term "State" means each of the several States, the 

District of Columbia, the Commonwealth of Puerto Rico, the Virgin 

Islands, Guam, American Samoa, the Northern Mariana Islands, the 

Trust Territory of the Pacific Islands, and any other territory or 

possession of the United States.

(25) The term "storage" means retention of high-level radioactive 

waste, spent nuclear fuel, or transuranic waste with the intent to 

recover such waste or fuel for subsequent use, processing, or disposal.

(26) The term "Storage Fund" means the Interim Storage Fund 

established in section 137(c).

(27) The term "test and evaluation facility" means an at-depth, 

prototypic, underground cavity with subsurface lateral excavations 

extending from a central shaft that is used for research and 

development purposes, including the development of data and 

experience for the safe handling and disposal of solidified high-level 

radioactive waste, transuranic waste, or spent nuclear fuel.

(28) The term "unit of general local government" means any 

borough, city, county, parish, town, township, village, or other 

general purpose political subdivision of a State.

(29) The term "Waste Fund" means the Nuclear Waste Fund 

established in section 302(c).

(30) The term "Yucca Mountain site" means the candidate site in 

the State of Nevada recommended by the Secretary to the President 

under section 112(b)(1)(B) on May 27, 1986.

(31) The term "affected unit of local government" means the unit 

of local government with jurisdiction over the site of a repository or a 

monitored retrievable storage facility. Such term may, at the 

discretion of the Secretary, include units of local government that are 

contiguous with such unit.

(32) The term "Negotiator" means the Nuclear Waste Negotiator.

(33) As used in title IV, the term "Office" means the Office of the 

Nuclear Waste Negotiator established under title IV of this Act.
414 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(34) The term "monitored retrievable storage facility" means the 

storage facility described in section 141(b)(1).1

Sec. 3. Separability

If any provision of this Act, or the application of such provision to 

any person or circumstance, is held invalid, the remainder of this Act, or 

the application of such provisions to persons or circumstances other than 

those 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, or amend the 

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 Marine Protection, 

Research, and Sanctuaries Act of 1972.

Sec. 6. Limitation on Spending Authority

The authority under this Act to incur indebtedness, or enter into 

contracts, obligating amounts to be expended by the Federal Government 

shall be effective for any fiscal year only to such extent or in such 

amounts as are provided in advance by appropriation Acts.

Sec. 7. Protection of Classified National Security Information

Nothing in this Act shall require the release or disclosure to any 

person or to the Commission of any classified national security 

information.

Sec. 8. Applicability

(a) ATOMIC ENERGY DEFENSE ACTIVITIES–Subject to the 

provisions of subsection (c), the provisions of this Act shall not apply 

with respect to any atomic energy defense activity or to any facility used 

in conjunction with any such activity.

(b) EVALUATION BY PRESIDENT–(1) Not later than 2 years after 

the date of the enactment of this Act, the President shall evaluate the use 

of disposal capacity at one or more repositories to be developed under 

subtitle A of title I for the disposal of high-level radioactive waste 

resulting from atomic energy defense activities. Such evaluation shall 

take into consideration factors relating to cost efficiency, health and 

safety, regulation, transportation, public acceptability, and national 

security.

(2) Unless the President finds, after conducting the evaluation 

required in paragraph (1), that the development of a repository for the 

disposal of high-level radioactive waste resulting from atomic energy 

defense activities only is required, taking into account all of the 

factors describe in such subsection, the Secretary shall proceed 

promptly with arrangement for the use of one or more of the 

repositories to be developed under subtitle A of title I for the disposal 

of such waste. Such arrangements shall include the allocation of costs 

of developing, constructing, and operating this repository of 

repositories. The costs resulting from permanent disposal of highlevel radioactive waste from atomic energy defense activities shall be 

paid by the Federal Government, into the especial account established 

under section 302.

(3) Any repository for the disposal of high-level radioactive waste 

resulting from atomic energy defense activities only shall (A) be 

subject to licensing under section 202 of the Energy Reorganization 

––––––––

1 Subsections (30) through (34) were added by P.L. 100–203, § 5002, 101 Stat. 1330 

(1987).

42 USC 10102.

42 USC 10103.

42 USC 10104.

42 USC 10105.

42 USC 10106.

42 USC 10107.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 415

Act of 1973 (42 USC 5842); and (B) comply with all requirements of 

the Commission for the siting, development, construction, and 

operation of a repository.

(c) APPLICABILITY TO CERTAIN REPOSITORIES–The 

provisions of this Act shall apply with respect to any repository not used 

exclusively for the disposal of high-level radioactive waste or spent 

nuclear fuel resulting from atomic energy defense activities, research and 

development activities of the Secretary, or both.

Sec. 9. Applicability

TRANSPORTATION–NOTHING in this Act shall be construed to 

affect Federal, State, or local laws pertaining to the transportation of 

spent nuclear fuel or high-level radioactive waste.

Title I–Disposal and Storage of High-Level Radioactive Waste, Spent 

Nuclear Fuel, and Low-Level Radioactive Waste

Sec. 101. State and Affected Indian Tribe Participation in 

Development of Proposed Repositories for Defense Waste

(a) NOTIFICATION TO STATES AND AFFECTED INDIAN 

TRIBES–Notwithstanding the provisions of section 8, upon any decision 

by the Secretary or the President to develop a repository for the disposal 

of high-level radioactive waste or spent nuclear fuel resulting exclusively 

from atomic energy defense activities, research and development 

activities of the Secretary, or both, and before proceeding with any sitespecific investigations with respect to such repository, the Secretary shall 

notify the Governor and legislature of the State in which such repository 

is proposed to be located, or the governing body of the affected Indian 

tribe on whose reservation such repository is proposed to be located, as 

the case may be, of such decision.

(b) PARTICIPATION OF STATES AND AFFECTED INDIAN 

TRIBES–Following the receipt of any notification under subsection (a), 

the State or Indian tribe involved shall be entitled, with respect to the 

proposed repository involved, to rights of participation and consultation 

identical to those provided in sections 115 through 118, except that any 

financial assistance authorized to be provided to such State or affected 

Indian tribe under section 116(c) or 118(b) shall be made from amounts 

appropriated to the Secretary for purposes of carrying out this section.

Subtitle A–Repositories for Disposal of High-Level Radioactive 

Waste and Spent Nuclear Fuel

Sec. 111. Findings and Purposes

(a) FINDINGS–THE Congress finds that–

(1) radioactive waste creates potential risks and requires safe and 

environmentally acceptable methods of disposal;

(2) a national problem has been created by the accumulation of 

(A) spent nuclear fuel from nuclear reactors; and (B) radioactive 

waste from (i) reprocessing of spent nuclear fuel; (ii) activities related 

to medical research, diagnosis, and treatment; and (iii) other sources;

(3) Federal efforts during the past 30 years to devise a permanent 

solution to the problems of civilian radioactive waste disposal have 

not been adequate;

(4) while the Federal Government has the responsibility to 

provide for the permanent disposal of high-level radioactive waste 

and such spent nuclear fuel as may be disposed of in order to protect 

the public health and safety and the environment, the costs of such 

42 USC 10108.

42 USC 10121.

42 USC 10131.
416 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

disposal should be the responsibility of the generators and owners of 

such waste and spent fuel;

(5) the generators and owners of high-level radioactive waste and 

spent nuclear fuel have the primary responsibility to provide for, and 

the responsibility to pay the costs of, the interim storage of such 

waste and spent fuel until such waste and spent fuel is accepted by the 

Secretary of Energy in accordance with the provisions of this Act;

(6) State and public participation in the planning and development 

of repositories is essential in order to promote public confidence in 

the safety of disposal of such waste and spent fuel; and

(7) high-level radioactive waste and spent nuclear fuel have 

become major subjects of public concern, and appropriate precautions 

may be taken to ensure that such waste and spent fuel do not 

adversely affect the public health and safety and the environment for 

this or future generations.

(b) PURPOSES–The purposes of this subtitle are–

(1) to establish a schedule for the siting, construction, and 

operation of repositories that will provide a reasonable assurance that 

the public and the environment will be adequately protected from the 

hazards posed by high-level radioactive waste and such spent nuclear 

fuel as may be disposed of in a repository;

(2) to establish the Federal responsibility, and a definite Federal 

policy, for the disposal of such waste and spent fuel;

(3) to define the relationship between the Federal Government and 

the State government with respect to the disposal of such waste and 

spent fuel; and

(4) to establish a Nuclear Waste Fund, composed of payments 

made by the generators and owners of such waste and spent fuel, that 

will ensure that the costs of carrying out activities relating to the 

disposal of such waste and spent fuel will be borne by the persons 

responsible for generating such waste and spent fuel.

Sec. 112. Recommendation of Candidate Sites for Site 

Characterization

(a) GUIDELINES–Not later than 180 days after the date of the 

enactment of this Act, the Secretary, following consultation with the 

Council on Environmental Quality, the Administrator of the 

Environmental Protection Agency, the Director of the United States

Geological Survey, and interested Governors, and the concurrence of the 

Commission shall issue general guidelines for the recommendation of 

sites for repositories. Such guidelines shall specify detailed geologic 

considerations that shall be primary criteria for the selection of sites in 

various geologic media. Such guidelines shall specify factors that qualify 

or disqualify any site from development as a repository, including factors 

pertaining to the location of valuable natural resources, hydrology, 

geophysics, seismic activity, and atomic energy defense activities, 

proximity to water supplies, proximity to populations, the effect upon the 

rights of users of water, and proximity to components of the National 

Park System, the National Wildlife Refuge System, the National Wild 

and Scenic Rivers System, the National Wilderness Preservation System, 

or National Forest Lands. Such guidelines shall take into consideration 

the proximity to sites where high-level radioactive waste and spent 

nuclear fuel is generated or temporarily stored and the transportation and 

safety factors involved in moving such waste to a repository. Such 

guidelines shall specify population factors that will disqualify any site 

from development as a repository if any surface facility of such

repository would be located (1) in a highly populated area; or (2) 

42 USC 10132.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 417

adjacent to an area 1 mile by 1 mile having a population of not less than 

1,000 individuals. Such guidelines also shall require the Secretary to 

consider the cost and impact of transporting to the repository site the 

solidified high-level radioactive waste and spent fuel to be disposed of in 

the repository and the advantages of regional distribution in the siting of 

repositories. Such guidelines shall require the Secretary to consider the 

various geologic media in which sites for repositories may be located 

and, to the extent practicable, to recommend sites in different geologic 

media. The Secretary shall use guidelines established under this 

subsection in considering candidate sites for recommendation under 

subsection (b). The Secretary may revise such guidelines from time to 

time, consistent with the provisions of this subsection.

(b) RECOMMENDATION BY SECRETARY TO THE 

PRESIDENT–(1)(A) Following the issuance of guidelines under 

subsection (a) and consultation with the Governors of affected States, the 

Secretary shall nominate at least 5 sites that he determines suitable for 

site characterization for selection of the first repository site.

(B) Subsequent to such nomination, the Secretary shall 

recommend to the President 3 of the nominated sites not later than 

January 1, 1985 for characterization as candidate sites.

(C) Such recommendations under subparagraph (B) shall be 

consistent with the provisions of section 305.

(D) Each nomination of a site under this subsection shall be 

accompanied by an environmental assessment, which shall 

include a detail statement of the basis for such recommendation 

and of the probable impacts of the site characterization activities 

planned for such site, and a discussion of alternative activities 

relating to site characterization that may be undertaken to avoid 

such impacts. Such environmental assessment shall include–

(i) an evaluation by the Secretary as to whether such site is 

suitable for site characterization under the guidelines 

established under subsection (a);

(ii) an evaluation by the Secretary as to whether such site 

is suitable for development as a repository under each such 

guideline that does not require site characterization as a 

prerequisite for application of such guidelines;

(iii) an evaluation by the Secretary of the effects of the site 

characterization activities at such site on the public health and 

safety and the environment;

(iv) a reasonable comparative evaluation by the Secretary 

of such site with other sites and locations that have been 

considered:

(v) a description of the decision process by which such site 

was recommended; and

(vi) an assessment of the regional and local impacts of 

locating the proposed repository at such site.

(E)(i) The issuance of any environmental assessment under 

this paragraph shall be considered to be a final agency action 

subject to judicial review in accordance with the provisions of 

chapter 7 of title 5, United States Code, and section 119. Such 

judicial review shall be limited to the sufficiency of such 

environmental assessment with respect to the items described in 

clauses (i) through (vi) of subparagraph (D).

(F) Each environmental assessment prepared under this 

paragraph shall be made available to the public.

Recommendation 

date.

Environmental 

assessment.
418 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(G) Before nominating a site, the Secretary shall notify the 

Governor and legislature of the State in which such site is located, 

or the governing body of the affected Indian tribe where such site 

is located, as the case may be, of such nomination and the basis 

for such nomination.

(2) Before nominating any site the Secretary shall hold public 

hearings in the vicinity of such site to inform the residents of the area 

in which such site is located of the proposed nomination of such site 

and to receive their comments. At such hearings, the Secretary shall 

also solicit and receive any recommendations of such residents with 

respect to issues that should be addressed in the environmental 

assessment described in paragraph (1) and the site characterization 

plan described in section 113(b)(l).

(3) In evaluating the sites nominated under this section prior to 

any decision to recommend a site as a candidate site, the Secretary 

shall use available geophysical, geologic, geochemical and 

hydrologic, and other information and shall not conduct any 

preliminary borings or excavations at a site unless (i) such 

preliminary boring or excavation activities were in progress upon the 

date of enactment of this Act or (ii) the Secretary certifies that such 

available information from other sources, in the absence of 

preliminary borings or excavations, will not be adequate to satisfy 

applicable requirements of this Act or any other law: Provided, That 

preliminary borings or excavations under this section shall not exceed 

a diameter of 6 inches.

(c) PRESIDENTIAL REVIEW OF RECOMMENDED 

CANDIDATE SITES–

(1) The President shall review each candidate site 

recommendation made by the Secretary under subsection (b). Not 

later than 60 days after the submission by the Secretary of a 

recommendation of a candidate site, the President, in his discretion, 

may either approve or disapprove such candidate site, and shall 

transmit any such decision to the Secretary and to either the Governor 

and legislature of the State in which such candidate site is located, or 

the governing body of the affected Indian tribe where such candidate 

site is located, as the case may be. If, during such 60-day period, the 

President fails to approve or disapprove such candidate site, or fails to 

invoke his authority under paragraph (2) to delay his decision, such 

candidate site shall be considered to be approved, and the Secretary 

shall notify such Governor and legislature, or governing body of the 

affected Indian tribe, of the approval of such candidate site by reason 

of the inaction of the President.

(2) The President may delay for not more than 6 months his 

decision under paragraph (1) to approve or disapprove a candidate 

site, upon determining that the information provided with the 

recommendation of the Secretary is insufficient to permit a decision 

within the 60-day period referred to in paragraph (1). The President 

may invoke his authority under this paragraph by submitting written 

notice to the Congress, within such 60-day period of his intent to 

invoke such authority. If the President invokes such authority, but 

fails to approve or disapprove the candidate site involved by the end 

of such 6-month period, such candidate site shall be considered to be 

approved, and the Secretary shall notify such Governor and 

legislature, or governing body of the affected Indian tribe of the 

approval of such candidate site by reason of the inaction of the 

President.

Decision 

transmittal or 

notification.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 419

(d) PRELIMINARY ACTIVITIES–Except as otherwise provided in 

this section , each activity of the President or the Secretary under this 

section shall be considered to be a preliminary decision making activity. 

No such activity shall require the preparation of an environmental impact 

statement under section 102(2)(C) of the National Environmental Policy 

Act of 1969 (42 USC 4332(2)(C)), or to require any environmental 

review under subparagraph (E) or (F) of section 102(2) of such Act.2

Sec. 113. Site Characterization

(a) IN GENERAL–The Secretary shall carry out, in accordance with 

the provisions of this section, appropriate site characterization activities 

at the Yucca Mountain site. The Secretary shall consider fully the 

comments received under subsection (b)(2) and section 112(b)(2) and 

shall, to the maximum extent practicable and in consultation with the 

Governor of the State of Nevada conduct site characterization activities 

in a manner that minimizes any significant adverse environmental 

impacts identified in such comments or in the environmental assessment 

submitted under subsection (b)(1).

(b) COMMISSION AND STATES–(1) Before proceeding to sink 

shafts at the Yucca Mountain site, the Secretary shall submit for such 

candidate site to the Commission and to the Governor or legislature of 

the State of Nevada for their review and comment–

(A) a general plan for site characterization activities to be 

conducted at such candidate site, which plan shall include–

(i) a description of such candidate site;

(ii) a description of such site characterization activities, 

including the following: the extent of planned excavations, 

plans for any onsite testing with radioactive or nonradioactive 

material, plan for any investigation activities that may affect 

the capabilities of such candidate site to isolate high-level 

radioactive waste and spent nuclear fuel, and plans to control 

any adverse, safety-related impacts from such site 

characterization activities;

(iii) plan for the decontamination and decommissioning of 

such candidate site, and for the mitigation of any significant 

adverse environmental impacts caused by the site

characterization activities if it is determined unsuitable for 

application for a construction authorization for a repository;

(iv) criteria to be used to determine the suitability of such 

candidate site for the location of a repository, developed 

pursuant to section 112(a); and

(v) any other information required by the Commission;

(B) a description of the possible form or packaging for the 

high-level radioactive waste and spent nuclear fuel to be emplaced 

in such repository, a description, to the extent practicable, of the 

relationship between such waste form or packaging and the 

geologic medium of such site, and a description of the activities 

being conducted by the Secretary with respect to such possible 

waste form or packaging or such relationship; and

(C) a conceptual repository design that takes into account 

likely site-specific requirements.

––––––––

2 Amended by P.L. 100–203, § 5011, 101 Stat. 1330 (1987); P.L. 102–154, Title I, 

105 Stat. 1000 (1991).

42 USC 10133.

Plan submittal, 

review and 

comment.
420 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(2) Before proceeding to sink shafts at the Yucca Mountain site, 

the Secretary shall (A) make available to the public the site 

characterization plan described in paragraph (1); and (B) hold public 

hearings in the vicinity of such candidate site to inform the residents 

of the area in which such candidate site is located of such plan, and to 

receive their comments.

(3) During the conduct of site characterization activities at the 

Yucca Mountain site, the Secretary shall report not less than once 

every 6 months to the Commission and to the Governor and 

legislature of the State of Nevada on the nature and extent of such 

activities and the information developed from such activities.

(c) RESTRICTIONS–(1) The Secretary may conduct at the Yucca 

Mountain site only such site characterization activities as the Secretary 

considers necessary to provide the data required for evaluation of the 

suitability of such site for an application to be submitted to the 

Commission for a construction authorization for a repository at such site, 

and for compliance with the National Environmental Policy Act of 1969 

(42 USC 4321 et seq.).

(2) In conducting site characterization activities–

(A) the Secretary may not use any radioactive material at a site 

unless the Commission concurs that such use is necessary to 

provide data for the preparation of the required environmental 

reports and an application for a construction authorization for a 

repository at such site; and

(B) if any radioactive material is used at a site–

(i) the Secretary shall use the minimum quantity necessary 

to determine the suitability of such sites for a repository, but in 

no event more than the curie equivalent of 10 metric tons of 

spent nuclear fuel; and

(ii) such radioactive material shall be fully retrievable.

(3) If the Secretary at any time determines the Yucca Mountain 

site to be unsuitable for development as a repository, the Secretary 

shall–

(A) terminate all site characterization activities at such site;

(B) notify the Congress, the Governor and legislature of 

Nevada of such termination and the reasons for such termination;

(C) remove any high-level radioactive waste, spent nuclear 

fuel, or other radioactive materials at or in such site as promptly 

as practicable;

(D) take reasonable and necessary steps to reclaim the site and 

to mitigate any significant adverse environmental impacts caused 

by site characterization activities at such site;

(E) suspend all future benefits payments under subtitle F with 

respect to such site; and

(F) report to Congress not later than 6 months after such 

determination the Secretary’s recommendations for further action 

to assure the safe, permanent disposal of spent nuclear fuel and 

high-level radioactive waste, including the need for new 

legislative authority.

(d) PRELIMINARY ACTIVITIES–Each activity of the Secretary 

under this section that is in compliance with the provisions of subsection 

(c) shall be considered a preliminary decision making activity. No such 

activity shall require the preparation of an environmental impact 

Public 

availability; 

hearings.

Report.

Reports.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 421

statement under section 102(2)(C) of the National Environmental Policy 

Act of 1969 (42 USC 4332(2)(C)), or to require any environmental 

review under subparagraph (E) or (F) of section 102(2) of such Act.3

Sec. 114. Site Approval and Construction Authorization

(a) HEARINGS AND PRESIDENTIAL RECOMMENDATION–The 

Secretary shall hold public hearings in the vicinity of the Yucca 

Mountain site for the purposes of informing the residents of the area of 

such consideration and receiving their comments regarding the possible 

recommendation of such site. If, upon completion of such hearings and 

completion of site characterization activities at the Yucca Mountain site 

under section 113, the Secretary decides to recommend approval of such 

site to the President, the Secretary shall notify the Governor and 

legislature of the State of Nevada of such decision. No sooner than the 

expiration of the 30-day period following such notification, the Secretary 

shall submit to the President a recommendation that the President 

approve such site for the development of a repository. Any such 

recommendation by the Secretary shall be based on the record of 

information developed by the Secretary under section 113 and this 

section, including the information described in subparagraph (A) through 

subparagraph (G).

Together with any recommendation of a site under this paragraph, the 

Secretary shall make available to the public, and submit to the President, 

a comprehensive statement of the basis of such recommendation, 

including the following:

(A) a description of the proposed repository, including 

preliminary engineering specifications for the facility;

(B) a description of the waste form or packaging proposed for 

use at such repository, and an explanation of the relationship 

between such waste form or packaging and the geologic medium 

of such site;

(C) a discussion of data, obtained in site characterization 

activities, relating to the safety of such site;

(D) a final environmental impact statement prepared for the 

Yucca Mountain site pursuant to subsection (f) and the National 

Environmental Policy Act of 1969 (42 USC 4321 et seq.), 

together with comments made concerning such environmental 

impact statement by the Secretary of the Interior, the Council on 

Environmental Quality, the Administrator, and the Commission, 

except that the Secretary shall not be required in any such 

environmental impact statement to consider the need for a 

repository, the alternatives to geological disposal, or alternative 

sites to the Yucca Mountain site;

(E) preliminary comments of the Commission concerning the 

extent to which the at-depth site characterization analysis and the 

waste form proposal for such site seem to be sufficient for 

inclusion in any application to be submitted by the Secretary for 

licensing of such site as a repository;

(F) the views and comments of the Governor and legislature of 

any State, or the governing body of any affected Indian tribe, as 

determined by the Secretary, together with the response of the 

Secretary to such views;

––––––––

3 Amended by P.L. 100–203, § 5011, 101 Stat. 1330 (1987).

42 USC 10134.

Notification of 

decision.

Public 

availability.
422 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(G) such other information as the Secretary considers 

appropriate; and

(H) any impact report submitted under section 116(c)(2)(B) by 

the State of Nevada.

(2)(A) If, after recommendation by the Secretary, the President 

considers the Yucca Mountain site qualified for application for a 

construction authorization for a repository, the President shall submit 

a recommendation of such site to Congress. 

(B) The President shall submit with such recommendation a 

copy of the statement for such site prepared by the Secretary 

under paragraph (1).

(3)(A) The President may not recommend the approval of Yucca 

Mountain site unless the Secretary has recommended to the President 

under paragraph (1) approval of such site and has submitted to the 

President a statement for such site as required under such paragraph.

(B) No recommendation of a site by the President under this 

subsection shall require the preparation of an environmental 

impact statement under section 102(2)(C) of the National 

Environmental Policy Act of 1969 (42 USC 4332(2)(C), or to 

require any environmental review under subparagraph (E) or (F) 

of section 102(2) of such Act.

(b) SUBMISSION OF APPLICATION–If the President recommends 

to the Congress the Yucca Mountain site under subsection (a) and the site 

designation is permitted to take effect under section 115, the Secretary 

shall submit to the Commission an application for a construction 

authorization for a repository at such site not later than 90 days after the 

date on which the recommendation of the site designation is effective 

under such section and shall provide to the Governor and legislature of 

the State of Nevada a copy of such application.

(c) STATUS REPORT ON APPLICATION–Not later than 1 year 

after the date on which an application for a construction authorization is 

submitted under subsection (b), and annually thereafter until the date on 

which such authorization is granted, the Commission shall submit a 

report to the Congress describing the proceeding undertaken through the 

date of such report with regard to such application, including a 

description of–

(1) any major unresolved safety issues, and the explanation of the 

Secretary with respect to design and operation plans for resolving 

such issues;

(2) any matters of contention regarding such application; and

(3) any Commission actions regarding the granting of denial of 

such authorization.

(d) COMMISSION ACTION–The Commission shall consider an 

application for a construction authorization for all or part of a repository 

in accordance with the laws applicable to such applications, except that 

the Commission shall issue a final decision approving or disapproving 

the issuance of a construction authorization not later that the expiration of 

3 years after the date of the submission of such application, except that 

the Commission may extend such deadlines by not more than 12 months 

if, not less than 30 days before such deadlines, the Commission complies 

with the reporting requirements established in subsection (e)(2). The 

Commission decision approving the first such application shall prohibit 

the emplacement in the first repository of a quantity of spent fuel 

containing in excess of 70,000 metric tons of heavy metal or a quantity of 

solidified high-level radioactive waste resulting from the reprocessing of 

such a quantity of spent fuel until such time as a second repository is in 

Construction 

authorization 

applications.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 423

operation. In the event that a monitored retrievable storage facility, 

approved pursuant to subtitle C of this Act, shall be located, or is planned 

to be located, within 50 miles of the first repository, then the 

Commission decision approving the first such application shall prohibit 

the emplacement of a quality of spent fuel containing in excess of 

70,000 metric tons of heavy metal or a quantity of solidified high-level 

radioactive waste resulting from the reprocessing of spent fuel in both the 

repository and monitored retrievable storage facility until such time as a 

second repository is in operation.

(e) PROTECT DECISION SCHEDULE–(1) The Secretary shall 

prepare and update, as appropriate, in cooperation with all affected 

Federal agencies, a project decision schedule that portrays the optimum 

way to attain the operation of the repository within the time periods 

specified in this subtitle. Such schedule shall include a description of 

objectives and a sequence of deadlines for all Federal agencies required 

to take action, including an identification of the activities in which a 

delay in the start, or completion, of such activities will cause a delay in 

beginning repository operation. 

(2) Any Federal agency that determines that it cannot comply with 

any deadline in the project decision schedule, or fails to so comply, 

shall submit to the Secretary and to the Congress a written report 

explaining the reason for its failure or expected failure to meet such 

deadlines, the reason why such agency could not reach an agreement 

with the Secretary, the estimated time for completion of the activity or 

activities involved, the associated effect on its other deadlines in the 

project decision schedule, and any recommendations it may have or 

actions it intends to take regarding any improvements in its operation 

or organization, or changes to its statutory directives or authority, so 

that it will be able to mitigate the delay involved. The Secretary, 

within 30 days after receiving any such report, shall file with the 

Congress his response to such report, including the reasons why the 

Secretary could not amend the project decision schedule to 

accommodate the Federal agency involved.

(f) ENVIRONMENTAL IMPACT STATEMENT–

(1) Any recommendation made by the Secretary under this section 

shall be considered a major Federal action significantly affecting the 

quality of the human environment for purposes of the National 

Environmental Policy Act of 1969 (42 USC 4321 et seq.). A final 

environmental impact statement prepared by the Secretary under such 

Act shall accompany any recommendation to the President to approve 

a site for a repository.

(2) With respect to the requirements imposed by the National 

Environmental Policy Act of 1969 (42 USC 4321 et seq.), compliance 

with the procedures and requirements of this Act shall be deemed 

adequate consideration of the need for a repository, the time of the 

initial availability of a repository, and all alternatives to the isolation 

of high-level radioactive waste and spent nuclear fuel in a repository.

(3) For purposes of complying with the requirements of the 

National Environmental Policy Act of 1969 (42 USC 4321 et seq.) 

and this section, the Secretary need not consider alternative sites to 

the Yucca Mountain site for the repository to be developed under this 

subtitle.

(4) Any environmental impact statement prepared in connection 

with a repository proposed to be constructed by the Secretary under 

this subtitle shall, to the ex tent practicable, be adopted by the 

Commission in connection with the issuance by the Commission of a 

Report 

submittal to 

Secretary and 

Congress.

Report 

response, filing 

with Congress.
424 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

construction authorization and license for such repository. To the 

extent such statement is adopted by the Commission, such adoption 

shall be deemed to also satisfy the responsibilities of the Commission 

under the National Environmental Policy Act of 1969 (42 USC 4321 

et seq.) and no further consideration shall be required, except that 

nothing in this subsection shall affect any independent responsibilities 

of the Commission to protect the public health under the Atomic 

Energy Act of 1954 (42 USC 2011 et seq.).

(5) Nothing in this Act shall be construed to amend or otherwise 

detract from the licensing requirements of the Nuclear Regulatory 

Commission established in title II of the Energy Reorganization Act 

of 1974 (42 USC 5841 et seq.).

(6) In any such statement prepared with respect to the repository 

to be constructed under this subtitle, the Nuclear Regulatory 

Commission need not consider the need for a repository, the time of 

initial availability of a repository, alternate sites to the Yucca 

Mountain site, or nongeologic alternatives to such site.4

Sec. 115. Review of Repository Site Selection

(a) DEFINITION–For purposes of this section, the term "resolution 

of repository siting approval" means a joint resolution of the Congress, 

the matter after the resolving clause of which is as follows: That there 

hereby is approved the site at . for a repository, with respect to which a 

notice of disapproval was submitted by ___ on ___. The first blank space 

in such resolution shall be filled with the name of the geographic location 

of the proposed site of the repository to which such resolution pertains; 

the second blank space in such resolution shall be filled with the 

designation of the State Governor and legislature or Indian tribe 

governing body submitting the notice of disapproval to which such 

resolution pertains; and the last blank space in such resolution shall be 

filled with the date of such submission.

(b) STATE OR INDIAN TRIBE PETITIONS–The designation of a 

site as suitable for application for a construction authorization for a 

repository shall be effective at the end of the 60-day period beginning on 

the date that the President recommend such site to the Congress under 

section 114, unless the Government and legislature of the State in which 

such site is located, or the governing body of an Indian tribe on whose 

reservation such site is located, as the case may be, has submitted to the 

Congress a notice of disapproval under section 116 or 118 notice of 

disapproval has been submitted, the designation of such site shall not be 

effective except as provided under subsection (c).

(c) CONGRESSIONAL REVIEW OF PETITIONS–If any notice of 

disapproval of a repository site designation has been submitted to the 

Congress under section 116 or 118 after a recommendation for approval 

of such site is made by the President under section 114, such site shall be 

disapproved unless, during the first period of 90 calendar days of 

continuous session of the Congress after the date of the receipt by the 

Congress of such notice of disapproval, the Congress passes a resolution 

of repository siting approval in accordance with this subsection 

approving such site, and such resolution thereafter becomes law.

(d) PROCEDURES APPLICABLE TO THE SENATE–(1) The 

provisions of this subsection are enacted by the Congress–

––––––––

4 Amended by P.L. 100–203, § 5011, 101 Stat. 1330 (1987).

42 USC 10135.

Notice of 

disapproval, 

submittal to 

Congress.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 425

(A) as an exercise of the rulemaking power of the Senate, and 

as such they are deemed a part of the rules of the Senate, but 

applicable only with respect to the procedure to be followed in the 

Senate in the case of resolutions of repository siting approval, and 

such provisions supersede other rules of the Senate only to the 

extent that they are inconsistent with such other rules; and

(B) with full recognition of the constitutional right of the 

Senate to change the rules (so far as relating to the procedure of 

the Senate) at any time, in the same, manner and to the same 

extent as in the case of any other rule of the Senate.

(2)(A) Not later than the first day of session following the day on 

which any notice of disapproval of a repository site selection is 

submitted to the Congress under section 116 or 118, a resolution of 

repository siting approval shall be introduced (by request) in the 

Senate by the chairman of the committee to which such notice of 

disapproval is referred, or by a Member of Members of the Senate 

designated by such chairman.

(B) Upon introduction, a resolution of repository siting approval 

shall be referred to the appropriate committee or committees of 

the Senate by the President of the Senate, and all such resolutions 

with respect to the same repository site shall be referred to the 

same committee or committees. Upon the expiration of 60 

calendar days of continuous session after the introduction of the 

first resolution of repository siting approval with respect to any 

site, each committee to which such resolution was referred shall 

make its recommendations to the Senate.

(3) If any committee to which is referred a resolution of siting 

approval introduced under paragraph (2)(A), or, in the absence of 

such a resolution, any other resolution of siting approval introduced 

with respect to the site involved, has not reported such resolution at 

the end of 60 days of continuous session of Congress after 

introduction of such resolution, such committee shall be deemed to be 

discharged from further consideration of such resolution, and such 

resolution shall be placed on the appropriate calendar of the Senate.

(4)(A) When each committee to which a resolution of siting 

approval has been referred has reported, or has been deemed to be 

discharged from further consideration of, a resolution described in 

paragraph (3), it shall at any time thereafter be in order (even though 

a previous motion to the same effect has been disagreed to) for any 

Member of the Senate to move to proceed to the consideration of 

such resolution. Such motion shall be highly privilege and shall not 

be debatable. Such motion shall not be subject to amendment, to a 

motion to postpone, or to a motion to proceed to the consideration of 

other business. A motion to reconsider the vote by which such motion 

is agreed to or disagreed to shall not be in order. If a motion to 

proceed to the consideration of such resolution is agreed to, such 

resolution shall remain the unfurnished business of the Senate until 

disposed of.

(B) Debate on a resolution of siting approval, and on all 

debatable motions and appeals in connection with such resolution, 

shall be limited to not more than 10 hours, which shall be divided 

equally between Members favoring and Members opposing such 

resolution. A motion further to limit debate shall be in order and 

shall not be debatable. Such motion shall not be subject to 

amendment, to a motion to postpone, or to a motion to proceed to 

the consideration of other business, and a motion to recommit 

Introduction of 

resolution.

Committee 

recommendations.

Discharge of 

committee.

Debate.
426 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

such resolution shall not be in order. A motion to reconsider the 

vote by which such resolution is agreed to or disagreed to shall 

not be in order.

(C) Immediately following the conclusion of the debate on a 

resolution of siting approval, and a single quorum call at the 

conclusion of such debate if requested in accordance with rules of 

the Senate, the vote on final approval of such resolution shall 

occur.

(D) Appeals from the decisions of the Chair relating to the 

application of the rules of the Senate to the procedure relating to a 

resolution of siting approval shall be decided without debate.

(5) If the Senate receives from the House a resolution of 

repository siting approval with respect to any site, then the following 

procedure shall apply:

(A) The resolution of the House with respect to such site shall 

not be referred to a committee.

(B) With respect to the resolution of the Senate with respect to 

such site–

(i) the procedure with respect to that or other resolutions of 

the Senate with respect to such site shall be the same as if no 

resolution from the House with respect to such site had been 

received; but

(ii) on any vote on final passage of a resolution of the 

Senate with respect to such site, a resolution from the House 

with respect to such site where the text is identical shall be 

automatically substituted for the resolution of the Senate.

(e) PROCEDURES APPLICABLE TO THE HOUSE OF 

REPRESENTATIVES–

(1) The provisions of this section are enacted by the Congress–

(A) as an exercise of the rulemaking power of the House of 

Representatives, and as such they are deemed a part of the rules of 

the House, but applicable only with respect to the procedure to be 

followed in the House in the case of resolutions of repository 

siting approval, and such provisions supersede other rules of the 

House only to the extent that they are inconsistent with such other 

rules; and

(B) with full recognition of the constitutional right of the 

House to change the rules (so far as relating to the procedure of 

the House) at any time, in the same manner and to the same extent 

as in the case of any other rule of the House.

(2) Resolutions of repository siting approval shall upon 

introduction be immediately referred by the Speaker of the House to 

the appropriate committee or committees of the House. Any such 

resolution received from the Senate shall be held at the Speaker’s 

table.

(3) Upon the expiration of 60 days of continuous session after the 

introduction of the first resolution of repository siting approval with 

respect to any site, each committee to which such resolution was 

referred shall be discharged from further consideration of such 

resolution, and such resolution shall be referred to the appropriate 

calendar, unless such resolution or an identical resolution was 

previously reported by each committee to which it was referred.

(4) It shall be in order for the Speaker to recognize a Member 

favoring a resolution to call up a resolution of repository siting 

approval after it has been on the appropriate calendar for 5 legislative 

days. When any such resolution is called up, the House shall proceed 

Appeals.

Discharge of 

committee.

Resolution, 

consideration 

and debate.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 427

to its immediate consideration and the Speaker shall recognize the 

Member calling up such resolution and a Member opposed to such 

resolution for 2 hours of debate in the House, to be equally divided 

and controlled by such Members. When such time has expired, the 

previous question shall be considered as ordered on the resolution to 

adoption without intervening motion. No amendment to any such 

resolution shall be in order, nor shall it be in order to move to 

reconsider the vote by which such resolution is agreed to or disagreed 

to.

(5) If the House receives from the Senate a resolution of 

repository siting approval with respect to any site, then the following 

procedure shall apply:

(A) The resolution of the Senate with respect to such site shall 

not be referred to a committee.

(B) With respect to the resolution of the House with respect to 

such site–

(i) the procedure with respect to that or other resolutions of 

the House with respect to such site shall be the same as if no 

resolution from the Senate with respect to such site had been 

received; but

(ii) on any vote on final passage of a resolution of the 

House with respect to such site, a resolution from the Senate 

with respect to such site where the text is identical shall be 

automatically substituted for the resolution of the House.

(f) COMPUTATION OF DAYS–For purposes of this section–

(1) continuity of session of Congress is broken only by an 

adjournment sine die; and

(2) the days on which either House is not in session because of an 

adjournment of more than 3 days to a day certain are excluded in the 

computation of the 90-day period referred to in subsection (c) and the 

60-day period referred to in subsections (d) and (e).

(g) INFORMATION PROVIDED TO CONGRESS–In considering 

any notice of disapproval submitted to the Congress under section 116 or 

118, the Congress may obtain any comments of the Commission with 

respect to such notice of disapproval. The provision of such comments by 

the Commission shall not be construed as binding the Commission with 

respect to any licensing or authorization action concerning the repository 

involved.

Sec. 116. Participation of States

(a) NOTIFICATION OF STATES AND AFFECTED TRIBES–The 

Secretary shall identify the States with one or more potentially acceptable 

sites for a repository within 90 days after the date of enactment of this 

Act. Within 90 days of such identification, the Secretary shall notify the 

Governor, the State legislature, and the tribal council of any affected 

Indian tribe in any State of the potentially acceptable sites within such 

State. For the purposes of this title, the term "potentially acceptable site" 

means any site at which, after geologic studies and field mapping but 

before detailed geologic data gathering, the Department undertakes 

preliminary drilling and geophysical testing for the definition of site 

location.

(b) STATE PARTICIPATION IN REPOSITORY SITING 

DECISIONS–(1) Unless otherwise provided by State law, the Governor 

or legislature of each State shall have authority to submit a notice of 

disapproval to the Congress under paragraph (2). In any case in which 

State law provides for submission of any such notice of disapproval by 

any other person or entity, any reference in this subtitle to the Governor 

42 USC 10136.

Potentially 

acceptable site.
428 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

or legislature of such State shall be considered to refer instead to such 

other person or entity.

(2) Upon the submission by the President to the Congress of a 

recommendation of a site for a repository, the Governor or legislature 

of the State in which such site is located may disapprove the site 

designation and submit to the Congress a notice of disapproval. Such 

Governor or legislature may submit such a notice of disapproval to 

the Congress not later than the 60 days after the date that the 

President recommends such site to the Congress under section 114. A 

notice of disapproval shall be considered to be submitted to the 

Congress on the date of the transmittal of such notice of disapproval 

to the Speaker of the House and the President pro tempore of the 

Senate. Such notice of disapproval shall be accompanied by a 

statement of reasons explaining why such Governor or legislature 

disapproved the recommended repository site involved.

(3) The authority of the Governor or legislature of each State 

under this subsection shall not be applicable with respect to any site 

located on a reservation.

(c) FINANCIAL ASSISTANCE–(1)(A) The Secretary shall make 

grants to the State of Nevada and any affected unit of local government 

for the purpose of participating in activities required by this section and 

section 117 or authorized by written agreement entered into pursuant to 

section 117(c). Any salary or travel expense that would ordinarily be 

incurred by such State or affected unit of local government, may not be 

considered eligible for funding under this paragraph.

(B) The Secretary shall make grants to the State of Nevada 

and any affected unit of local government for purposes of 

enabling such State or affected unit of local government–

(i) to review activities taken under this subtitle with respect 

to the Yucca Mountain site for purposes of determining any 

potential economic, social, public health and safety, and 

environmental impacts of a repository on such State, or 

affected unit of local government and its residents;

(ii) to develop a request for impact assistance under 

paragraph (2);

(iii) to engage in any monitoring, test, or evaluation 

activities with respect to site characterization programs with 

regard to such site;

(iv) to provide information to Nevada residents regarding 

any activities of such State , the Secretary, or the Commission 

with respect to such site; and

(v) to request information from, and make comments and 

recommendations to, the Secretary regarding any activities 

taken under this subtitle with respect to such site.

(C) Any salary or travel expense that would ordinarily be 

incurred by the State of Nevada or any affected unit of local 

government may not be considered eligible for funding under this 

paragraph.

(2)(A)(i) The Secretary shall provide financial and technical 

assistance to the State of Nevada, and any affected unit of local 

government requesting such assistance.

(ii) Such assistance shall be designed to mitigate the 

impact on such State or affected unit of local government of 

the development of such repository and the characterization of 

such site.

Notice of 

disapproval, 

submittal to 

Congress.

Grants.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 429

(iii) Such assistance to such State or affected unit of local 

government of such State shall commence upon the initiation 

of site characterization activities.

(B) The State of Nevada and any affected unit of local 

government may request assistance under this subsection by 

preparing and submitting to the Secretary a report on the 

economic, social, public health and safety, and environmental 

impacts that are likely to result from site characterization 

activities at the Yucca Mountain site. Such report shall be 

submitted to the Secretary after the Secretary has submitted to the 

State a general plan for site characterization activities under 

section 113(b).

(C) As soon as practicable after the Secretary has submitted 

such site characterization plan, the Secretary shall seek to enter 

into a binding agreement with the State of Nevada setting forth–

(i) the amount of assistance to be provided under this 

subsection to such State or affected unit of local government; 

and

(ii) the procedures to be followed in providing such 

assistance.

(3)(A) In addition to financial assistance provided under 

paragraphs (1) and (2), the Secretary shall grant to the State of 

Nevada and any affected unit of local government an amount each 

fiscal year equal to the amount such State or affected unit of local 

government, respectively, would receive if authorized to tax site 

characterization activities at such site, and the development and 

operation of such repository, as such State or affected unit of local 

government taxes the non-Federal real property and industrial 

activities occurring within such State or affected unit of local 

government.

(B) Such grants shall continue until such time as all such 

activities, development, and operation are terminated at each such 

site.

(4)(A) The State of Nevada or any affected unit of local 

government may not receive any grant under paragraph (1) after the 

expiration of the 1 year period following–

(i) the date on which the Secretary notifies the Governor 

and legislature of the State of Nevada of the termination of site 

characterization activities at the site in such State;

(ii) the date on which the Yucca Mountain site is 

disapproved under section 115; or

(iii) the date on which the Commission disapproves an 

application for a construction authorization for a repository at 

such site; whichever occurs first.

(B) The State of Nevada or any affected unit of local 

government may not receive any further assistance under 

paragraph (2) with respect to a site if repository construction 

activities or site characterization activities at such site are 

terminated by the Secretary or if such activities are permanently 

enjoined by any court.

(C) At the end of the 2-year period beginning on the effective 

date of any license to receive and possess for a repository in a 

State, no Federal funds, shall be made available to such State or 

affected unit of local government under paragraph (1) or (2), 

except for–
430 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(i) such funds as may be necessary to support activities 

related to any other repository located in, or proposed to be 

located in, such State, and for which a license to receive and 

possess has not been in effect for more than 1 year;

(ii) such funds as may be necessary to support State 

activities pursuant to agreements or contracts for impact 

assistance entered into, under paragraph (2), by such State 

with the Secretary during such 2-year period; and

(iii) such funds as may be provided under an agreement 

entered into under title IV.

(5) Financial assistance authorized in this subsection shall be 

made out of amounts held in the Waste Fund.

(6) No State, other than the State of Nevada, may receive financial 

assistance under this subsection after the date of the enactment of the 

Nuclear Waste Policy Amendments Act 1987.5

(d) ADDITIONAL NOTIFICATION AND CONSULTATION–

Whenever the Secretary is required under any provision of this Act to 

notify or consult with the governing body of an affected Indian tribe 

where a site is located, the Secretary shall also notify or consult with, as 

the case may be, the Governor of the State in which such reservation is 

located.

Sec. 117. Consultation with States and Affected Indian Tribes

(a) PROVISION OF INFORMATION–(1) The Secretary, the 

Commission, and other agencies involved in the construction, operation, 

or regulation of any aspect of a repository in a State shall provide to the 

Governor and legislature of such State, and to the governing body of any 

affected Indian tribe, timely and complete information regarding 

determinations or plans made with respect to the site characterization 

siting, development, design, licensing, construction, operation, 

regulation, or decommissioning of such repository.

(2) Upon written request for such information by the Governor or 

legislature of such State, or by the governing body of any affected 

Indian tribe, as the case may be, the Secretary shall provide a written 

response to such request within 30 days of the receipt of such request. 

Such response shall provide the information requested or, in the 

alternative, the reasons why the information cannot be so provided. If 

the Secretary fails to so respond within such 30 days, the Governor or 

legislature of such State, or the governing body of any affected Indian 

tribe, as the case may be, may transmit a formal written objection to 

such failure to respond to the President. If the President or Secretary 

fails to respond to such written request within 30 days of the receipt 

by the President of such formal written objection, the Secretary shall 

immediately suspend all activities in such State authorized by this 

subtitle, and shall not renew such activities until the Governor or 

legislature of such State, or the governing body of any affected Indian 

tribe, as the case may be, has received the written response to such 

written request required by this subsection.

(b) CONSULTATION AND COOPERATION–In performing any 

study of an area within a State for the purpose of determining the 

suitability of such area for a repository pursuant to section 112(c), and in 

subsequently developing and loading any repository within such State, 

the Secretary shall consult and cooperate with the Governor and 

––––––––

5 Amended by P.L. 100–203, § 5032, 101 Stat. 1330 (1987).

42 USC 10137.

Information 

request, 

response.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 431

legislature of such State and the governing body of any affected Indian 

tribe in an effort to resolve the concerns of such State and any affected 

Indian tribe regarding the public health and safety, environmental, and 

economic impacts of any such repository. In carrying out his duties under

this subtitle, the Secretary shall take such concerns into account to the 

maximum extent feasible and as specified in written agreements entered 

into under subsection (c).

(c) WRITTEN AGREEMENT–Not later than 60 days after (1) the 

approval of a site for site characterization for such a repository under 

section 112(c), or (2) the written request of the State or Indian tribe in 

any affected State notified under section 116(a) to the Secretary, 

whichever, first occurs, the Secretary shall seek to enter into a binding 

written agreement, and shall begin negotiations, with such State and, 

where appropriate, to enter into a separate binding agreement with the 

governing body of any affected Indian tribe, setting forth (but not limited 

to) the procedures under which the requirements of subsections (a) and 

(b), and the provisions of such written agreement, shall be carried out. 

Any such written agreement shall not affect the authority of the 

Commission under existing law. Each such written agreement shall, to 

the maximum extent feasible, to completed no later than 6 months after 

such notification.6

Such written agreement shall specify procedures–

(1) by which such State or governing body of an affected Indian 

tribe, as the case may be, may study, determine, comment on, and 

make recommendations with regard to the possible public health and 

safety, environmental, social, and economic impacts of any such 

repository;

(2) by which the Secretary shall consider and respond to 

comments and recommendations made by such State or governing 

body of an affected Indian tribe, including the period in which the 

Secretary shall so respond;

(3) by which the Secretary and such State or governing body of an 

affected Indian tribe may review or modify the agreement 

periodically;

(4) by which such State or governing body of an affected Indian 

tribe is to submit an impact report and request for impact assistance 

under section 116(c) or section 118(b), as the case may be;

(5) by which the Secretary shall assist such State, and the units of 

general local government in the vicinity of the repository site, in 

resolving the offsite concerns of such State and units of general local 

government, including, but not limited to, questions of State liability 

arising from accidents, necessary road upgrading and access to the 

site, ongoing emergency preparedness and emergency response, 

monitoring of transportation of high-level radioactive waste and spent 

nuclear fuel through such State, conduct of baseline health studies of 

––––––––

6 Amended by P.L. 104–66, § 1051(i), 109 Stat. 716 (1995), deleting the following 

from subsection (c): 

If such written agreement is not completed within such period, the Secretary 

shall report to the Congress in writing within 30 days on the status of 

negotiation to develop such agreement and the reasons why such agreement 

has not been completed. Prior to submission of such report to the Congress, 

the Secretary shall transmit such report to the Governor of such State or the 

governing body of such affected Indian tribe, as the case may be, for their 

review and comments. Such comments shall be included in such report prior 

to submission to the Congress.

Report to 

Congress.
432 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

inhabitants in neighboring communities near the repository site and 

reasonable periodic monitoring thereafter, and monitoring of the 

repository site upon any decommissioning and decontamination;

(6) by which the Secretary shall consult and cooperate with such 

State on a regular, ongoing basis and provide for an orderly process 

and timely schedule for State review and evaluation, including 

identification in the agreement of key events, milestones, and 

decision points in the activities of the Secretary at the potential 

repository site;

(7) by which the Secretary shall notify such State prior to the 

transportation of any high-level radioactive waste and spent nuclear 

fuel into such State for disposal at the repository site;

(8) by which such State may conduct reasonable independent 

monitoring and testing of activities on the repository site, except that 

such monitoring and testing shall not unreasonably interfere with or 

delay onsite activities;

(9) for sharing, in accordance with applicable law, of all technical 

and licensing information, the utilization of available expertise, the 

facilitating of permit procedures, joint project review, and the 

formation of joint surveillance and monitoring arrangements to carry 

out applicable Federal and State laws;

(10) for public notification of the procedures specified under the 

preceding paragraphs; and

(11) for resolving objections of a State and affected Indian tribes 

at any stage of the planning, siting, development, construction, 

operation, or closure of such a facility within such State through 

negotiation, arbitration, or other appropriate mechanisms.

(d)7 ON-SITE REPRESENTATIVE–The Secretary shall offer to any 

State, Indian tribe or unit of local government within whose jurisdiction a 

site for a repository or monitored retrievable storage facility is located 

under this title an opportunity to designate a representative to conduct onsite oversight activities at such site. Reasonable expenses of such 

representatives shall be paid out of the Waste Fund.

Sec. 118. Participation of Indian Tribes

(a) PARTICIPATION OF INDIAN TRIBES IN REPOSITORY 

SITING DECISIONS–Upon the submission by the President to the 

Congress of a recommendation of a site for a repository located on the 

reservation of an affected Indian tribe, the governing body of such Indian 

tribe may disapprove the site designation and submit to the Congress a 

notice of disapproval. The governing body of such Indian tribe may 

submit such a notice of disapproval to the Congress not later than the 60 

days after the date that the President recommends such site to the 

Congress under section 114. A notice of disapproval shall be considered 

to be submitted to the Congress on the date of the transmittal of such 

notice of disapproval to the Speaker of the House and the President pro 

tempore of the Senate. Such notice of disapproval shall be accompanied 

by a statement of reasons explaining why the governing body of such 

Indian tribe disapproved the recommended repository site involved.

(b) FINANCIAL ASSISTANCE–(1) The Secretary shall make grants 

to each affected tribe notified under section 116(a) for the purpose of 

participating in activities required by section 117 or authorized by written 

agreement entered into pursuant to section 117(c). Any salary or travel 

––––––––

7 Added by P.L. 100–203, § 5011, 101 Stat. 1330 (1987).

State 

notification.

Transportation 

of radioactive 

waste and spent 

nuclear fuel. 

Monitoring and 

testing.

42 USC 10138.

Notice of 

disapproval, 

submittal to 

Congress.

Grants.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 433

expense that would ordinarily be incurred by such tribe, may not be 

considered eligible for funding under this paragraph.

(2) (A) The Secretary shall make grants to each affected Indian 

tribe where a candidate site for a repository is approved under section 

112(c). Such grants may be made to each such Indian tribe only for 

purposes of enabling such Indian tribe–

(i) to review activities taken under this subtitle with respect 

to such site for purposes of determining any potential 

economic, social, public health and safety, and environmental 

impacts of such repository on the reservation and its residents;

(ii) to develop a request for impact assistance under 

paragraph (2);

(iii) to engage in any monitoring, testing, or evaluation 

activities with respect to site characterization programs with 

regard to such site;

(iv) to provide information to the residents of its 

reservation regarding any activities of such Indian tribe, the 

Secretary, or the Commission with respect to such site; and

(v) to request information from, and make comments and 

recommendations to, the Secretary regarding any activities 

taken under this subtitle with respect to such site.

(B) The amount of funds provided to any affected Indian tribe 

under this paragraph in any fiscal year may not exceed 100 

percent of the costs incurred by such Indian tribe with respect to 

the activities described in clauses (i) through (v) of subparagraph 

(A). Any salary or travel expense that would ordinarily be 

incurred by such Indian tribe may not be considered eligible for 

funding under this paragraph.

(3) (A) The Secretary shall provide financial and technical 

assistance to any affected Indian tribe requesting such assistance and 

where there is a site with respect to which the Commission has 

authorized construction of a repository. Such assistance shall be 

designed to mitigate the impact on such Indian tribe of the 

development of such repository. Such assistance to such Indian tribe 

shall commence within 6 months following the granting by the 

Commission of a construction authorization for such repository and 

following the initiation of construction activities at such site.

(B) Any affected Indian tribe desiring assistance under this 

paragraph shall prepare and submit to the Secretary a report on 

any economic, social, public health and safety, and environmental 

impacts that are likely as a result of the development of a 

repository at a site on the reservation of such Indian tribe. Such 

report shall be submitted to the Secretary following the 

completion of site characterization activities at such site and 

before the recommendation of such site to the President by the 

Secretary for application for a construction authorization for a 

repository. As soon as practicable following the granting of a 

construction authorization for such repository, the Secretary shall 

seek to enter into a binding agreement with the Indian tribe 

involved setting forth the amount of assistance to be provided to 

such Indian tribe under this paragraph and the procedures to be 

followed in providing such assistance.

(4) The Secretary shall grant to each affected Indian tribe where a 

site for a repository is approved under section 112(c) an amount each 

fiscal year equal to the amount such Indian tribe would receive were 

it authorized to tax site characterization activities at such site, and the 

Report 

submittal.
434 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

development and operation of such repository, as such Indian tribe 

taxes the other commercial activities occurring on such reservation. 

Such grants shall continue until such time as all such activities, 

development, and operation are terminated at such site.

(5) An affected Indian tribe may not receive any grant under 

paragraph (1) after the expiration of the 1-year period following–

(i) the date on which the Secretary notifies such Indian 

tribe of the termination of site characterization activities at the 

candidate site involved on the reservation of such Indian tribe;

(ii) the date on which such site is disapproved under 

section 115;

(iii) the date on which the Commission disapproves an 

application for a construction authorization for a repository at 

such site;

(iv) the date of the enactment of the Nuclear Waste Policy 

Amendments Acts of 1987;8 whichever occurs first, unless 

there is another candidate site on the reservation of such 

Indian tribe that is approved under section 112(c) and with 

respect to which the actions described in clauses (i), (ii), and 

(iii) have not been taken.

(B) An affected Indian tribe may not receive any further 

assistance under paragraph (2) with respect to a site if repository 

construction activities at such site are terminated by the Secretary 

or if such activities are permanently enjoined by any court.

(C) At the end of the 2-year period beginning on the effective 

date of any license to receive and possess for a repository at a site 

on the reservation of an affected Indian tribe, no Federal funds 

shall be made available under paragraph (1) or (2) to such Indian 

tribe, except for–

(i) such funds as may be necessary to support activities of 

such Indian tribe related to any other repository where a 

license to receive and possess has not been in effect for more 

than 1 year; and

(ii) such funds as may be necessary to support activities of 

such Indian tribe pursuant to agreements or contracts for 

impact assistance entered into, under paragraph (2), by such 

Indian tribe with the Secretary during such 2-year period.

(6) Financial assistance authorized in this subsection shall be 

made out of amounts held in the Nuclear Waste Fund established in 

section 302.

Sec. 119. Judicial Review of Agency Actions

(a) JURISDICTION OF UNITED STATES COURTS OF 

APPEALS–

(1) Except for review in the Supreme Court of the United States 

courts of appeals shall have original and exclusive jurisdiction over 

any civil action–

(A) for review of any final decision or action of the Secretary, 

the President , or the Commission under this subtitle;

(B) alleging the failure of the Secretary, the President, or the 

Commission to make any decision, or take any action, required 

under this subtitle;

––––––––

8 Amended by P.L. 100–203, § 5033, 101 Stat. 1330 (1987).

Grants, 

limitation.

Funding.

42 USC 10139.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 435

(C) challenging the constitutionality of any decision made, or 

action taken, under any provision of this subtitle; 

(D) for review of any environmental impact statement 

prepared pursuant to the National Environmental Policy Act of 

1969 (42 USC 4321 et seq.) with respect to any action under this 

subtitle, or as required under section 135(c) (1), or alleging a 

failure to prepare such statement with respect to any such action;

(E) for review of any environmental assessment prepared 

under section 112(b) (1) or 135(c)(2); or

(F) for review of any research and development activity under 

title II.

(2) The venue of any proceeding under this section shall be in the 

judicial circuit in which the petitioner involved resided or has its 

principle office, or in the United States Court of Appeals for the 

District of Columbia.

(c) Deadline For Commencing Action–A civil action for judicial 

review described under subsection (a)(1) may be brought not later than 

the 180th day after the date of the decision or action or failure to act 

involved, as the case may be, except that if a party shows that he did not 

know of the decision or action complained of (or of the failure to act), 

and that a reasonable person acting under the circumstances would not 

have known, such party may bring a civil action not later than the 180th 

day after the date such party acquired actual or constructive knowledge 

of such decision, action, or failure to act.

Sec. 120. Expedited Authorizations

(a) ISSUANCE OF AUTHORIZATION–(1) To the extent that the 

taking of any action related to the site characterization of a site or the 

construction or initial operation of a repository under this subtitle 

requires a certificate, right-of-way, permit, lease, or other authorization 

from a Federal agency or officer, such agency or officer shall issue or

grant any such authorization at the earliest practicable date, to the extent 

permitted by the applicable provisions of law administered by such 

agency or officer. All actions of a Federal agency or officer with respect 

to consideration of applications or requests for the issuance or grant of 

any such authorization shall be expedited, and any such application or 

request shall take precedence over any similar applications or requests 

not related to such repositories.

(2) The provisions of paragraph (1) shall not apply to any 

certificate, right-of-way, permit, lease, or other authorization issued 

or granted by, or requested from, the Commission.

(b) Terms of Authorizations.–Any authorization issued or granted 

pursuant to subsection (a) shall include such terms and conditions as may 

be required by law, and may include terms and conditions permitted by 

law.

Sec. 121. Certain Standards and Criteria

(a) ENVIRONMENTAL PROTECTION AGENCY STANDARDS–

Not later than 1 year after the date of the enactment of this Act, the 

Administrator, pursuant to authority under other provisions of law, shall, 

by rule, promulgate generally applicable standards for protection of the 

general environment from offsite releases from radioactive material in 

repositories.

(b) Commission Requirements and Criteria–(1) (A) Not later than 

January 1, 1984, the Commission, pursuant to authority under other 

provisions of law, shall, by rule promulgate technical requirements and 

criteria that it will apply, under the Atomic Energy Act of 1954 (42 USC 

42 USC 10140.

42 USC 10141.
436 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

2011 et seq.) and the Energy Reorganization Act of 1974 (42 USC 5801 

et seq.), in approving or disapproving.–

(i) applications for authorization to construct repositories;

(ii) applications for licenses to receive and possess spent 

nuclear fuel and high-level radioactive waste in such 

repositories; and

(iii) applications for authorization for closure and 

decommissioning of such repositories.

(B) Such criteria shall provide for the use of a system of 

multiple barriers in the design of the repository and shall include 

such restrictions on the retrievability of the solidified high-level 

radioactive waste and spent fuel emplaced in the repository as the 

Commission deems appropriate.

(C) Such requirements and criteria shall not be inconsistent 

with any comparable standards promulgated by the Administrator 

under subsection (a).

(2) For purposes of this Act, nothing in this section shall be 

constructed to prohibit the Commission from promulgating 

requirements and criteria under paragraph (1) before the 

Administrator promulgates standards under subsection (a). If the 

Administrator promulgates standards under subsection (a) after 

requirements and criteria are promulgated by the Commission under 

paragraph (1), such requirements and criteria shall be revised by the 

Commission if necessary to comply with paragraph (1) (C).

(c) Environmental Impact Statements–The promulgation of standards 

or criteria in accordance with the provisions of this section shall not 

require the preparation of an environmental impact statement under 

section 102(2)(C) of the National Environmental Policy Act of 1969 (42 

USC 4332(2)(C)), or to require any environmental review under 

subparagraph (E) or (F) of section 102(2) of such Act.

Sec. 122. Disposal of Spent Nuclear Fuel

Notwithstanding any other provision of this subtitle, any repository 

constructed on a site approved under this subtitle shall be designed and 

constructed to permit the retrieval of any spent nuclear fuel placed in 

such repository, during an appropriate period of operation of the facility, 

for any reason pertaining to the public health and safety, or the 

environment, or for the purpose of permitting the recovery of the 

economically valuable contents of such spent fuel. The Secretary shall 

specify the appropriate period of retrievability with respect to any 

repository at the time of design of such repository, and such aspect of 

such repository shall be subject to approval or disapproval by the 

Commission as part of the construction authorization process under 

subsections(b) through (d) of section 114.

Sec. 123. Title to Material

Delivery, and acceptance by the Secretary, of any high-level 

radioactive waste or spent nuclear fuel for a repository constructed under 

this subtitle shall constitute a transfer to the Secretary of title to such 

waste or spent fuel.

Sec. 124. Consideration of Effect of Acquisition of Water Rights

The Secretary shall give full consideration to whether the 

development, construction, and operation of a repository may require any 

purchase or other acquisition of water rights that will have a significant 

adverse effect on the present or future development of the area in which 

such repository is located. The Secretary shall mitigate any such adverse 

effects to the maximum extent practicable.

42 USC 10142.

42 USC 10143.

42 USC 10144.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 437

Sec. 125. Termination of Certain Provisions

Sections 119 and 120 shall cease to have effect at such time as a 

repository developed under this subtitle is licensed to receive and possess 

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 nuclear power 

reactors have the primary responsibility for providing interim storage 

of spent nuclear fuel from such reactors by maximizing, to the extent 

practical, the effective use of existing storage facilities at the site of 

each civilian nuclear power reactor, and by adding new onsite storage 

capacity in a timely manner where practical;

(2) the Federal Government has the responsibility to encourage 

and expedite the effective use of existing storage facilities and the 

addition of needed new storage capacity at the site of each civilian 

nuclear power reactor; and

(3) the Federal Government has the responsibility to provide, in 

accordance with the provisions of this subtitle, not more than 1,900 

metric tons of capacity for interim storage of spent nuclear fuel for 

civilian nuclear power reactors that cannot reasonably provide 

adequate storage capacity at the sites of such reactors when needed to 

assure the continued, orderly operation of such reactors.

(b) Purposes.–The purposes of this subtitle are–

(1) to provide for the utilization of available spent nuclear fuel 

pools at the site of each civilian nuclear power reactor to the extent 

practical and the addition of new spent nuclear fuel storage capacity 

where practical at the site of such reactor; and

(2) to provide, in accordance with the provisions of this subtitle, 

for the establishment of a federally owned and operated system for 

the interim storage of spent nuclear fuel at one or more facilities 

owned by the Federal Government with not more than 1,900 metric 

tons of capacity to prevent disruptions in the orderly operation of any 

civilian nuclear power reactor that cannot reasonably provide 

adequate spent nuclear fuel storage capacity at the site of such reactor 

when needed.

Sec. 132. Available Capacity for Interim Storage of Spent Nuclear 

Fuel

The Secretary, the Commission, and other authorized Federal 

officials shall each take such actions as such official considers necessary 

to encourage and expedite the effective use of available storage and 

necessary additional storage, at the site of each civilian nuclear power 

reactor consistent with–

(1) the protection of the public health and safety, and the 

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 reactor.

42 USC 10145.

42 USC 10151.

42 USC 10152.
438 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

Sec. 133. Interim at Reactor Storage

The Commission shall, by rule, establish procedures for the licensing 

of any technology approved by the Commission under section 219(a)9 for 

use at the site of any civilian nuclear power reactor. The establishment of 

such procedures shall not preclude the licensing, under any applicable 

procedures or rules of the Commission in effect prior to such 

establishments, of any technology for the storage of civilian spent nuclear 

fuel at the site of any civilian nuclear power reactor.

Sec. 134. Licensing of Facility Expansions and Transshipments

a) ORAL ARGUMENT–In any Commission hearing under section 

189 of the Atomic Energy Act of 1954 (42 USC 2239) on an application 

for a license, or for an amendment to an existing license, filed after the 

date of the enactment of this Act, to expand the spent nuclear fuel storage 

capacity at the site of a civilian nuclear power reactor, through the use of 

high--density fuel storage racks, fuel rod compaction, the transshipment 

of spent nuclear fuel to another civilian nuclear power reactor within the 

same utility system, the construction of additional spent nuclear fuel pool 

capacity or dry storage capacity, or by other means, the Commission 

shall, at the request of any party, provide an opportunity for oral 

argument with respect to any matter which the Commission determines 

to be in controversy among the parties. The oral arguments shall 

preceded by such discovery procedures as the rules of the Commission 

shall provide The Commission shall require each party, including the 

Commission staff, to submit in written form, at the time of the oral 

argument, a summary of the facts, data, and arguments upon which such 

party proposes to rely that are known at such time to such party. Only 

facts and data in the form of sworn testimony or written submission may 

be relied upon by the parties during oral arguments. of the material that 

may be submitted by the parties during oral arguments, the Commission 

shall only consider those facts and data that are submitted in the form of 

sworn testimony or written submission.

(b) ADJUDICATORY HEARING–(1) At the conclusion of any oral 

argument under subsection (a), the Commission shall designate any 

disputed questions of fact, together with any remaining questions of law, 

for resolution in an adjudicatory hearing only if it determines that–

(A) there is a genuine and substantial dispute of fact which can 

only be resolved with sufficient accuracy by the introduction of 

evidence in an adjudicatory hearing; and

(B) the decision of the Commission is likely to depend in 

whole or in part on the resolution of such dispute.

(2) In making a determination under this subsection, the 

Commission–

(A) shall designate in writing the specific facts that are in 

genuine and substantial dispute, the reason why the decision of 

the agency is likely to depend on the resolution of such facts, and 

the reason why an adjudicatory hearing is likely to resolve the 

dispute; and

(B) shall not consider–

(i) any issue relating to the design, construction, or 

operation of any civilian nuclear power reactor already 

licensed to operate at such site, or any civilian nuclear power 

reactor for which a construction permit has been granted at 

––––––––

9 This should be referring to 218(a). This is a mistake made in the original statute. 

42 USC 10153.

Licensing 

procedures.

42 USC 10154.

Summary 

submittal of 

facts, data and 

arguments.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 439

such site, unless the Commission determines that any such 

issue substantially affects the design, construction, or 

operation of the facility or activity for which such license 

application, authorization, or amendment is being considered; 

or

(ii) any siting or design issue fully considered and decided 

by the Commission in connection with the issuance of a 

construction permit or operating license for a civilian nuclear 

power reactor at such site, unless (I) such issue results from 

any revision of siting or design criteria by the Commission 

following such decision; and (II) the Commission determines 

that such issue substantially affects the design, construction, or 

operation of the facility or activity for which such license 

application, authorization, or amendment is being considered.

(3) The provisions of paragraph (2)(B) shall apply only with 

respect to licenses, authorizations, or amendments to licenses or 

authorizations, applied for under the Atomic Energy Act of 1954 (42 

USC 2011 et seq.) before December 31, 2005.

(4) The provisions of this section shall not apply to the first 

application for a license or license amendment received by the 

Commission to expand onsite spent fuel storage capacity by the use 

of a new technology not previously approved for use at any nuclear 

power plant by the Commission.

(c) Judicial Review.–No court shall hold unlawful or set aside a 

decision of the Commission in any proceeding described in subsection 

(a) because of a failure by the Commission to use a particular procedure 

pursuant to this section unless–

(1) an objection to the procedure used was presented to the 

Commission in a timely fashion or there are extraordinary 

circumstances that excuse the failure to present a timely objection; 

and

(2) the court finds that such failure has precluded a fair 

consideration and informed resolution of a significant issue of the 

proceeding taken as a whole.

Sec. 135. Storage of Spent Nuclear Fuel

(a) STORAGE CAPACITY–(1) Subject to section 8, the Secretary 

shall provide, in accordance with paragraph (5), not more than 1,900 

metric tons of capacity for the storage of spent nuclear fuel from civilian 

nuclear power reactors. Such storage capacity shall be provided through 

any one or more of the following methods, used in any combination 

determined by the Secretary to be appropriate:

(A) use of available capacity at one or more facilities owned 

by the Federal Government on the date of the enactment of this 

Act, including the modification and expansion of any such 

facilities, if the Commission determines that such use will 

adequately protect the public health and safety, except that such 

use shall not–

(i) render such facilities subject to licensing under the 

Atomic Energy Act of 1954 (42 USC 2011 et seq.) or the 

Energy Reorganization Act of 1974 (42 USC 5801 et. seq.); or

(ii) except as provided in subsection (c) require the 

preparation of an environmental impact statement under 

section 102(2)(C) of the National Environmental Policy Act of 

1969 (42 USC 4332(2)(C)), such facility is already being used, 

or has previously been used, for such storage or for any 

similar purpose.

42 USC 10155.
440 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(B) acquisition of any modular or mobile spent nuclear fuel 

storage equipment, including spent nuclear fuel storage casks, and 

provision of such equipment, to any person generating or holding 

title to spent nuclear fuel, at the site of any civilian nuclear power 

reactor operated by such person or at any site owned by the 

Federal Government on the date of enactment of this Act;

(C) construction of storage capacity at any site of a civilian 

nuclear power reactor.

(2) Storage capacity authorized by paragraph (1) shall not be 

provided at any Federal or non-Federal site within which there is a 

candidate site for a repository. The restriction in the preceding 

sentence shall only apply until such time as the Secretary decides that 

such candidate site is no longer a candidate site under consideration 

for development as a repository.

(3) In selecting methods of providing storage capacity under 

paragraph (1), the Secretary shall consider the timeliness of the 

availability of each such method and shall seek to minimize the 

transportation of spent nuclear fuel, the public health and safety 

impacts, and the costs of providing such storage capacity.

(4) In providing storage capacity through any method described in 

paragraph (1), the Secretary shall comply with any applicable 

requirements for licensing or authorization of such method, except as 

provided in paragraph (1)(A)(i).

(5) The Secretary shall ensure that storage capacity is made 

available under paragraph (1) when needed, as determined on the 

basis of the storage needs specified in contracts entered into under 

section 136(a), and shall accept upon request any spent nuclear fuel 

as covered under such contracts.

(6) For purposes of paragraph (1)(A), the term "facility" means 

any building of structure.

(b) CONTRACTS–(1) Subject to the capacity limitation established 

in subsections (a)(1) and (d), the Secretary shall offer to enter into, and 

may enter into contracts under section 136(a) with any person generating 

or owning spent nuclear fuel for purposes of providing storage capacity 

for such spent fuel under this section only if the Commission determines 

that–

(A) adequate storage capacity to ensure the continued orderly 

operation of the civilian nuclear power reactor at which such 

spent nuclear fuel is generated cannot reasonably be provided by 

the person owning and operating such reactor at such site, or at 

the site, of any other civilian nuclear power reactor operated by 

such person, and such capacity cannot be made available in a 

timely manner through any method described in subparagraph 

(B); and

(B) such person is diligently pursuing licensed alternatives to 

the use of Federal storage capacity for the storage of spent nuclear 

fuel expected to be generated by such person in the future, 

including-

(i) expansion of storage facilities at the site of any civilian 

nuclear power reactor operated by such person;

(ii) construction of new or additional storage facilities at 

the site of any civilian nuclear power reactor operated by such 

person;

(iii) acquisition of modular or mobile spent nuclear fuel 

storage equipment, including spent nuclear fuel storage casks, 

Facility.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 441

for use at the site of any civilian nuclear power reactor 

operated by such person; and

(iv) transshipment to another civilian nuclear power 

reactor owned by such person.

(2) In making the determination described in paragraph (1)(A), 

the Commission shall ensure maintenance of a full core reserve 

storage capability at the site of the civilian nuclear power reactor 

involved unless the Commission determines that maintenance of such 

capability is not necessary for the continued orderly operation of such 

reactor.

(3) The Commission shall complete the determinations required in 

paragraph (1) with respect to any request for storage capacity not later 

than 6 months after receipt of such request by the Commission.

(c) ENVIRONMENTAL REVIEW–(1) The provision of 300 or more 

metric tons of storage capacity at any one Federal site under subsection 

(a)(1)(A) shall be considered to be a major Federal action requiring 

preparation of an environmental impact statement under section 

102(2)(C) of the National Environmental Policy Act of 1969 (42 USC 

4332(2)(C)).

(2) (A) The Secretary shall prepare, and make available to the 

public, an environmental assessment of the probable impacts of any 

provision of less than 300 metric tons of storage capacity at any one 

Federal site under subsection (a)(1)(A) that requires the modification 

or expansion of any facility at the site, and a discussion of alternative 

activities that may be undertaken to avoid such impacts. Such 

environmental assessment shall include–

(i) an estimate of the amount of storage capacity to be 

made available at such site;

(ii) an evaluation as to whether the facilities to be used at 

such site are suitable for the provision of such storage 

capacity;

(iii) a description of activities planned by the Secretary 

with respect to the modification or expansion of the facilities 

to be used at such site;

(iv) an evaluation of the effects of the provision of such 

storage capacity at such site on the public health and safety, 

and the environment;

(v) a reasonable comparative evaluation of current 

information with respect to such site and facilities and other 

sites and facilities available for the provision of such storage 

capacity;

(vi) a description of any other sites and facilities that have 

been considered by the Secretary for the provision of such 

storage capacity; and

(vii) an assessment of the regional and local impacts of 

providing such storage capacity at such site, including the 

impacts on transportation.

(B) The issuance of any environmental assessment under this 

paragraph shall be considered to be final agency action subject to 

judicial review in accordance with the provisions of chapter 7 of 

title 5, United States Code. Such judicial review shall be limited 

to the sufficiency of such assessment with respect to the items 

described in clauses (i) through (vii) of subparagraph (A).

(3) Judicial review of any environmental impact statement or 

environmental assessment prepared pursuant to this subsection shall 

be conducted in accordance with the provisions of section 119.

Public 

availability.

5 USC 701 et. 

seq.

Judicial review.
442 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(d) REVIEW OF SITES AND STATE PARTICIPATION–(1) In 

carrying out the provisions of this subtitle with regard to any interim 

storage of spent fuel from civilian nuclear power reactors which the 

Secretary is authorized by section 135 to provide, the Secretary shall, as 

soon as practicable, notify, in writing, the Governor and the State 

legislature of any State and the Tribal Council of any affected Indian 

tribe in such State in which is located a potentially acceptable site or 

facility for such interim storage of spent fuel of his intention to 

investigate that site or facility.

(2) During the course of investigation of such site or facility, the 

Secretary shall keep the Governor, State legislature, and affected 

Tribal Council currently informed of the progress of the work, and 

results of the investigation. At the time of selection by the Secretary 

of any site or existing facility, but prior to undertaking any sitespecific work or alterations, the Secretary shall promptly notify the 

Governor, the legislature, and any affected Tribal Council in writing 

of such selection and subject to the provisions of paragraph (6) of this 

subsection, shall promptly enter into negotiations with such State and 

affected Tribal Council to establish a cooperative agreement under 

which such State and Council shall have the right to participate in a 

process of consultation and cooperation, based on public health and 

safety and environmental concerns, in all stages of the planning, 

development, modification, expansion, operation, and closure of 

storage capacity at a site or facility within such State for the interim 

storage of spent fuel from civilian nuclear power reactors. Public 

participation in the negotiation of such an agreement shall be 

provided for and encouraged by the Secretary, the State, and the 

affected Tribal Council. The Secretary in cooperation with the State 

and Indian tribes, shall develop and publish minimum guideline for 

public participation in such negotiations, but the adequacy of such 

guidelines or any failure to comply with such guidelines shall not be a 

basis for judicial review.

(3) The cooperative agreement shall include, but need not be 

limited to, the sharing in accordance with applicable law of all 

technical and licensing information, the utilization of available 

expertise, the facilitating of permitting procedures, joint project 

review, and the formulation of joint surveillance and monitoring 

arrangements to carry out applicable Federal and State laws. The 

cooperative agreement also shall include a detailed plan or schedule 

of milestones, decision points and opportunities for State or eligible 

Tribal Council review and objection. Such cooperative agreement 

shall provide procedures for negotiating and resolving objections of 

the State and affected Tribal Council in any stage of planning, 

development, modification, expansion, operation, or closure of 

storage capacity at a site or facility within such State. The terms of 

any cooperative agreement shall not affect the authority of the 

Nuclear Regulatory Commission under existing law.

(4) For the purpose of this subsection, "process of consultation 

and cooperation" means a methodology by which the Secretary (A) 

keeps the State and eligible Tribal Council fully and currently 

informed about the aspects of the project related to any potential 

impact on the public health and safety and environment; (B) solicits, 

receives, and evaluates concerns and objections of such State and 

Council with regard to such aspects of the project on an ongoing 

basis; and (C) works diligently and cooperatively to resolve, through 

arbitration or other appropriate mechanisms, such concerns and 

Investigation.

Cooperative 

agreement.

Guidelines.

Process of 

consultation 

and 

cooperation.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 443

objections. The process of consultation and cooperation shall not 

include the grant of a right to any State or Tribal Council to exercise 

an absolute veto of any aspect of the planning, development, 

modification, expansion, or operation of the project. 

(5) The Secretary and the State and affected Tribal Council shall 

seek to conclude the agreement required by paragraph (2) as soon as 

practicable, but not later than 180 days following the date of 

notification of the selection under paragraph (2).The Secretary shall 

periodically report to the Congress thereafter on the status of the 

agreements approved under paragraph (3). Any report to the Congress 

on the status of negotiations of such agreement by the Secretary shall 

be accompanied by comments solicited by the Secretary from the 

State and eligible Tribal Council.

(6) (A) Upon deciding to provide an aggregate of 300 or more 

metric tons of storage capacity under subsection (a)(1) at any one site, 

the Secretary shall notify the Governor and legislature of the State 

where such site is located, or the governing body of the Indian tribe in 

whose reservation such site is located, as the case may be, of such 

decision. During the 60-day period following receipt of notification 

by the Secretary of his decision to provide an aggregate of 300 or 

more metric tons of storage capacity at any one site, the Governor or 

legislature of the State in which such site is located, or the governing 

body of the affected Indian tribe where such site is located, as the case 

may be, may disapprove the provision of 300 or more metric tons of 

storage capacity at the site involved and submit to the Congress a 

notice of such disapproval. A notice of disapproval shall be 

considered to be submitted to the Congress on the date of the 

transmittal of such notice of disapproval to the Speaker of the House 

and

(B) Unless otherwise provided by State law, the Governor or 

legislature of each State shall have authority to submit a notice of 

disapproval to the Congress under subparagraph (A). In any case 

in which State law provides for submission of any such notice of 

disapproval by any other person or entity, any reference in this 

subtitle to the Governor or legislature of such State shall be 

considered to refer instead to such other person or entity.

(C) The authority of the Governor and legislature of each State 

under this paragraph shall not be applicable with respect to any 

site located on a reservation.

(D) If any notice of disapproval is submitted to the Congress 

under subparagraph (A), the proposed provision of 300 or more 

metric tons of storage capacity at the site involved shall be 

disapproved unless, during the first period of 90 calendar days of 

continuous session of the Congress following the date of the 

receipt by the Congress of such notice of disapproval, the 

Congress passes a resolution approving such proposed provision 

of storage capacity in accordance with the procedures established 

in this paragraph and subsections (d) through (f) of section 115 

and such resolution thereafter becomes law. For purposes of this 

paragraph, the term "resolution" means a joint resolution of either 

House of the Congress, the matter after the resolving clause of 

which is as follows: That there hereby is approved the provision of 

300 or more metric tons of spent nuclear fuel storage capacity at 

the site located at , with respect to which 

a notice of disapproval was submitted by ______________ on 

_________________. The first blank space in such resolution 

Report to 

Congress.

Notice of 

disapproval, 

submittal to 

Congress.

Resolution.
444 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

shall be filled with the geographic location of the site involved; the 

second blank space in such resolution shall be filled with the 

designation of the State Governor and legislature or affected 

Indian tribe governing body submitting the notice of disapproval 

involved; and the last blank space in such resolution shall be filled 

with the date of submission of such notice of disapproval.

(E) For purposes of the consideration of any resolution 

described in subparagraph (D), each reference in subsections (d) 

and (e) of section 115 to a resolution of repository siting approval 

shall be considered to refer to the resolution described in such 

subparagraph.

(7) As used in this section, the term "affected Tribal Council" 

means the governing body of any Indian tribe within whose 

reservation boundaries there is located a potentially acceptable site 

for interim storage capacity of spent nuclear fuel from civilian 

nuclear power reactors, or within whose boundaries a site for such 

capacity is selected by the Secretary, or whose federally defined 

possessory or usage rights to other lands outside of the reservation’s 

boundaries arising out of congressionally ratified treaties, as 

determined by the Secretary of the Interior pursuant to a petition filed 

with him by the appropriate governmental officials of such tribe, may 

be substantially and adversely affected by the establishment of any 

such storage capacity.

(e) LIMITATIONS–Any spent nuclear fuel stored under this section 

shall be removed from the storage site or facility involved as soon as 

practicable, but in any event not later than 3 years following the date on 

which a repository or monitored retrievable storage facility developed 

under this Act is available for disposal of such spent nuclear fuel.

(f) REPORT.–The Secretary shall annually prepare and submit to the 

Congress a report on any plans of the Secretary for providing storage 

capacity under this section. Such report shall include a description of the 

specific manner of providing such storage selected by the Secretary, if 

any. The Secretary shall prepare and submit the first such report not later 

than 1 year after the date of the enactment of this Act.

(g) CRITERIA FOR DETERMINING ADEQUACY OF 

AVAILABLE STORAGE CAPACITY–Not later than 90 days after the 

date of the enactment of this Act, the Commission pursuant to section 

553 of the Administrative Procedures Act, shall propose, by rule, 

procedures and criteria for making the determination required by 

subsection (b) that a person owning and operating a civilian nuclear 

power reactor cannot reasonably provide adequate spent nuclear fuel 

storage capacity at the civilian nuclear power reactor site when needed to 

ensure the continued orderly operation of such reactor. Such criteria shall 

ensure the maintenance of a full core reserve storage capability at the site 

of such reactor unless the Commission determines that maintenance of 

such capability is not necessary for the continued orderly operation of 

such reactor. Such criteria shall identify the feasibility of reasonably 

providing such adequate spent nuclear fuel storage capacity, taking into 

account economic, technical, regulatory, and public health and safety 

factors, through the use of high-density fuel storage racks, fuel rod 

compaction, transshipment of spent nuclear fuel to another civilian 

nuclear power reactor within the same utility system, construction of 

additional spent nuclear fuel pool capacity, or such other technologies as 

may be approved by the Commission.

(h) APPLICATION–Notwithstanding any other provision of law, 

nothing in this Act shall be construed to encourage, authorize, or require 

Affected Tribal 

Council.

5 USC 553.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 445

the private or Federal use, purchase, lease, or other acquisition of any 

storage facility located away from the site of any civilian nuclear power 

reactor and not owned by the Federal Government on the date of the 

enactment of this Act.

(i) COORDINATION WITH RESEARCH AND DEVELOPMENT 

PROGRAM–To the extent available, and consistent with the provisions 

of this section, the Secretary shall provide spent nuclear fuel for the 

research and development program authorized in section 217 from spent 

nuclear fuel received by the Secretary for storage under this section. Such 

spent nuclear fuel shall not be subject to the provisions of subsection (e).

Sec. 136. Interim Storage Fund

(a) CONTRACTS–

(1) During the period following the date of the enactment of this 

Act, but not later than January 1, 1990, the Secretary is authorized to 

enter into contracts with persons who generate or own spent nuclear 

fuel resulting from civilian nuclear activities for the storage of such 

spent nuclear fuel in any storage capacity provided under this subtitle: 

Provided, however, That the Secretary shall not enter into contracts 

for spent nuclear fuel in amounts in excess of the available storage 

capacity specified in section 135(a). Those contracts shall provide 

that the Federal Government will (1) take title at the civilian nuclear 

power reactor site, to such amounts of spent nuclear fuel from the 

civilian nuclear power reactor as the Commission determines cannot 

be stored onsite, (2) transport the spent nuclear fuel to a federally 

owned and operated interim away-from-reactor storage facility, and 

(3) store such fuel in the facility pending further processing, storage, 

or disposal. Each such contract shall (A) provide for payment to the 

Secretary of fees determined in accordance with the provisions of this 

section; and (B) specify the amount of storage capacity to be provided 

for the person involved.

(2) The Secretary shall undertake a study and, not later than 

180 days after the date of the enactment of this Act, submit to the 

Congress a report, establishing payment charges that shall be 

calculated on an annual basis, commencing on or before January 1, 

1984. Such payment charges and the calculation thereof shall be 

published in the Federal Register, and shall become effective not less 

than 30 days after publication. Each payment charge published in the 

Federal Register under this paragraph shall remain effective for a 

period of 12 months from the effective date as the charge for the cost 

of the interim storage of any spent nuclear fuel. The report of the 

Secretary shall specify the method and manner of collection 

(including the rates and manner of payment) and any legislative 

recommendations determined by the Secretary to be appropriate.

(3) Fees for storage under this subtitle shall be established on a 

nondiscriminatory basis. The fees to be paid by each person entering 

into a contract with the Secretary under this subsection shall be based 

upon an estimate of the pro rata costs of storage and related activities 

under this subtitle with respect to such person, including the 

acquisition, construction, operation, and maintenance of any facilities 

under this subtitle.

(4) The Secretary shall establish in writing criteria setting forth 

the terms and conditions under which such storage services shall be 

made available.

(5) Except as provided in section 137, nothing in this or any other 

Act requires the Secretary, in carrying out the responsibilities of this 

42 USC 10156.

Study; report to 

Congress.

Publication in 

Federal 

Register.

Fees.
446 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

section, to obtain a license or permit to possess or own spent nuclear 

fuel.

(b) LIMITATION–No spent nuclear fuel generated or owned by any 

department of the United States referred to in section 101 or 102 of title 

5, United States Code, may be stored by the Secretary in any storage 

capacity provided under this subtitle unless such department transfers to 

the Secretary, for deposit in the Interim Storage Fund, amounts 

equivalent to the fees that would be paid to the Secretary under the 

contracts referred to in this section if such spent nuclear fuel were 

generated by any other person.

(c) ESTABLISHMENT OF INTERIM STORAGE FUND–There 

hereby is established in the Treasury of the United States a separate fund, 

to be known as the Interim Storage Fund. The Storage Fund shall consist 

of–

(1) all receipts, proceeds, and recoveries realized by the Secretary 

under subsections (a), (b), and (e), which shall be deposited in the 

Storage Fund immediately upon their realization;

(2) any appropriations made by the Congress to the Storage Fund; 

and

(3) any unexpended balances available on the date of the 

enactment of this Act for functions or activities necessary or incident 

to the interim storage of civilian spent nuclear fuel, which shall 

automatically be transferred to the Storage Fund on such date.

(d) USE OF STORAGE FUND–The Secretary may make 

expenditures from the Storage Fund, subject to subsection (e), for any 

purpose necessary or appropriate to the conduct of the functions and 

activities of the Secretary, or the provision or anticipated provision of 

services, under this subtitle, including–

(1) the identification, development, licensing, construction, 

operation, decommissioning, and post-decommissioning maintenance 

and monitoring of any interim storage facility provided under this 

subtitle;

(2) the administrative cost of the interim storage program;

(3) the costs associated with acquisition, design, modification, 

replacement, operation, and construction of facilities at an interim 

storage site, consistent with the restrictions in section 135;

(4) the cost of transportation of spent nuclear fuel; and

(5) impact assistance as described in subsection (e).

(e) IMPACT ASSISTANCE–(1) Beginning the first fiscal year which 

commences after the date of the enactment of this Act, the Secretary shall 

make annual impact assistance payments to a State or appropriate unit of 

local government, or both, in order to mitigate social or economic 

impacts occasioned by the establishment and subsequent operation of any 

interim storage capacity within the jurisdictional boundaries of such 

government or governments and authorized under this subtitle: Provided, 

however, That such impact assistance payments shall not exceed (A) ten 

percentum of the costs incurred in paragraphs (1) and (2), or (B) $15 per 

kilogram of spent fuel, whichever is less:

(2) Payments made available to States and units of local 

government pursuant to this section shall be–

(A) allocated in a fair and equitable manner with a priority to 

those States or units of local government suffering the most 

severe impacts; and

(B) utilized by States or units of local governments only for (i) 

planning, (ii) construction and maintenance of public services, 

(iii) provision of public services related to the providing of such 

Payments.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 447

interim storage authorized under this title, and (iv) compensation 

for loss of taxable property equivalent to that if the storage had 

been provided under private ownership.

(3) Such payments shall be subject to such terms and conditions 

as the Secretary determines necessary to ensure that the purposes of 

this subsection shall be achieved. The Secretary shall issue such 

regulations as may be necessary to carry out the provisions of this 

subsection.

(4) Payments under this subsection shall be made available solely 

from the fees determined under subsection (a).

(5) The Secretary is authorized to consult with States and 

appropriate units of local government in advance of commencement 

of establishment of storage capacity authorized under this subtitle in 

an effort to determine the level of the payment such government 

would be eligible to receive pursuant to this subsection.

(6) As used in this subsection, the term "unit of local government" 

means a county, parish, township, municipality, and shall include a 

borough existing in the State of Alaska on the date of the enactment 

of this subsection, and any other unit of government below the State 

level which is a unit of general government as determined by the 

Secretary.

(f) ADMINISTRATION OF STORAGE FUND–(1) The Secretary of 

the Treasury shall hold the Storage Fund and, after consultation with the 

Secretary, annually report to the Congress on the financial condition and 

operations of the Storage Fund during the preceding fiscal year.

(2) The Secretary shall submit the budget of the Storage Fund to 

the Office of Management and Budget triennially along with the 

budget of the Department of Energy submitted at such time in 

accordance with chapter 11 of title 31, United States Code. The 

budget of the Storage Fund shall consist of estimates made by the 

Secretary of expenditures from the Storage Fund and other relevant 

financial matters for the succeeding 3 fiscal years, and shall be 

included in the Budget of the United States Government. The 

Secretary may make expenditures from the Storage Fund, subject to 

appropriations which shall remain available until expended. 

Appropriations shall be subject to triennial authorization.

(3) If the Secretary determines that the Storage Fund contains at 

any time amounts in excess of current needs, the Secretary may 

request the Secretary of the Treasury to invest such amounts, or any 

portion of such amounts as the Secretary determines to be 

appropriate, in obligations of the United States–

(A) having maturities determined by the Secretary of the 

Treasury to be appropriate to the needs of the Storage Fund; and

(B) bearing interest at rates determined to be appropriate by 

the Secretary of the Treasury, taking into consideration the current 

average market yield on outstanding marketable obligations of the 

United States with remaining periods to maturity comparable to 

the maturities of such investments, except that the interest rate on 

such investments shall not exceed the average interest rate 

applicable to existing borrowings.

(4) Receipts, proceeds, and recoveries realized by the Secretary 

under this section, and expenditures of amounts from the Storage 

Fund, shall be exempt from annual apportionment under the 

provisions of subchapter II of chapter 15 of title 31, United States 

Code.

Regulations.

Unit of local 

government.

Report to 

Congress.

Budget 

submittal.
448 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(5) If at any time the moneys available in the Storage Fund are 

insufficient to enable the Secretary to discharge his responsibilities 

under this subtitle, the Secretary shall issue to the Secretary of the 

Treasury obligations in such forms and denominations, bearing such 

maturities, and subject to such terms and conditions as may be agreed 

to by the Secretary and the Secretary of the Treasury. The total of 

such obligations shall not exceed amounts provided in appropriation 

Acts. Redemption of such obligations shall be made by the Secretary 

from moneys available in the Storage Fund. Such obligations shall 

bear interest at a rate determined by the Secretary of the Treasury, 

which shall be not less than a rate determined by taking into 

consideration the average market yield on outstanding marketable 

obligations of the United States of comparable maturities during the 

month preceding the issuance of the obligations under this paragraph. 

The Secretary of the Treasury shall purchase any issued obligations, 

and for such purpose the Secretary of the Treasury is authorized to 

use as a public debt transaction the proceeds from the sale of any 

securities issued under chapter 31 of title 31, United States Code, and 

the purposes for which securities may be issued under such Act are 

extended to include any purchase of such obligations. The Secretary 

of the Treasury may at any time sell any of the obligations acquired 

by him under this paragraph. All redemptions, purchases, and sales by 

the Secretary of the Treasury of obligations under this paragraph shall 

be treated as public debt transactions of the United States.

(6) Any appropriations made available to the Storage Fund for 

any purpose described in subsection (d) shall be repaid into the 

general fund of the Treasury, together with interest from the date of 

availability of the appropriations until the date of repayment. Such 

interest shall be paid on the cumulative amount of appropriations 

available to the Storage Fund, less the average undisbursed cash 

balance in the Storage Fund account during the fiscal year involved. 

The rate of such interest shall be determined by the Secretary of the 

Treasury taking into consideration the average market yield during 

the month preceding each fiscal year on outstanding marketable 

obligations of the United States of comparable maturity. Interest 

payments may be deferred with the approval of the Secretary of the 

Treasury, but any interest payments so deferred shall themselves bear 

interest.

Sec. 137. Transportation

(a) TRANSPORTATION–(1) Transportation of spent nuclear fuel 

under section 136(a) shall be subject to licensing and regulation by the 

Commission and by the Secretary of Transportation as provided for 

transportation of commercial spent nuclear fuel under existing law.

(2) The Secretary, in providing for the transportation of spent 

nuclear fuel under this Act, shall utilize by contract private industry 

to the fullest extent possible in each aspect of such transportation. 

The Secretary shall use direct Federal services for such transportation 

only upon a determination of the Secretary of Transportation, in 

consultation with the Secretary, that private industry is unable or 

unwilling to provide such transportation services at reasonable cost.

Interest 

payments.

Deferral.

42 USC 10157.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 449

Subtitle C–Monitored Retrievable Storage

Sec. 141. Monitored Retrievable Storage

(a) FINDINGS–The Congress finds that–

(1) long-term storage of high-level radioactive waste or spent 

nuclear fuel in monitored retrievable storage facilities is an option for 

providing safe and reliable management of such waste or spent fuel;

(2) the executive branch and the Congress should proceed as 

expeditiously as possible to consider fully a proposal for construction 

of one or more monitored retrievable storage facilities to provide such 

long-term storage;

(3) the Federal Government has the responsibility to ensure that 

site-specific designs for such facilities are available as provided in 

this section;

(4) the generators and owners of the high-level radioactive waste 

and spent nuclear fuel to be stored in such facilities have the 

responsibility to pay the costs of the long-term storage of such waste 

and spent fuel; and

(5) disposal of high-level radioactive waste and spent nuclear fuel 

in a repository developed under this Act should proceed regardless of 

any construction of a monitored retrievable storage facility pursuant 

to this section.

(b) SUBMISSION OF PROPOSAL BY SECRETARY–(1) On or 

before June 1, 1985, the Secretary shall complete a detailed study of the 

need for and feasibility of, and shall submit to the Congress a proposal 

for, the construction of one or more monitored retrievable storage 

facilities for high-level radioactive waste and spent nuclear fuel. Each 

such facility shall be designed–

(A) to accommodate spent nuclear fuel and high-level 

radioactive waste resulting from civilian nuclear activities;

(B) to permit continuous monitoring, management, and 

maintenance of such spent fuel and waste for the foreseeable 

future;

(C) to provide for the ready retrieval of such spent fuel and 

waste for further processing or disposal; and

(D) to safely store such spent fuel and waste as long as may be 

necessary by maintaining such facility through appropriate means, 

including any required replacement of such facility.

(2) Such proposal shall include–

(A) the establishment of a Federal program for the siting, 

development, construction, and operation of facilities capable of 

safely storing high-level radioactive waste and spent nuclear fuel, 

which facilities are to be licensed by the Commission;

(B) a plan for the funding of the construction and operation of 

such facilities, which plan shall provide that the costs of such 

activities shall be borne by the generators and owners of the highlevel radioactive waste and spent nuclear fuel to be stored in such 

facilities;

(C) site-specific designs, specifications, and cost estimates 

sufficient to (i) solicit bids for the construction of the first such 

facility; (ii) support congressional authorization of the 

construction of such facility; and (iii) enable completion and 

operation of such facility as soon as practicable following 

congressional authorization of such facility; and

42 USC 10161.
450 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(D) a plan for integrating facilities constructed pursuant to this 

section with other storage and disposal facilities authorized in this 

Act.

(3) In formulating such proposal, the Secretary shall consult with 

the Commission and the Administrator, and shall submit their 

comments on such proposal to the Congress at the time such proposal 

is submitted.

(4) The proposal shall include, for the first such facility, at least 3 

alternative sites and at least 5 alternative combinations of such 

proposed sites and facility designs consistent with the criteria of 

paragraph (b)(1). The Secretary shall recommend the combination 

among the alternatives that the Secretary deems preferable. The 

environmental assessment under subsection (c) shall include a full 

analysis of the relative advantages and disadvantages of all 5 such 

alternative combinations of proposed sites and proposed facility 

designs. 

(c) ENVIRONMENTAL IMPACT STATEMENTS–(1) Preparation 

and submission to the Congress of the proposal required in this section 

shall not require the preparation of an environmental impact statement 

under section 102(2)(C) of the National Environmental Policy Act of 

1969 (42 USC 4332(2)(C)). The Secretary shall prepare, in accordance 

with regulations issued by the Secretary implementing such Act, an 

environmental assessment with respect to such proposal. Such 

environmental assessment shall be based upon available information 

regarding alternative technologies for the storage of spent nuclear fuel 

and high-level radioactive waste. The Secretary shall submit such 

environmental assessment to the Congress at the time such proposal is 

submitted.

(2) If the Congress by law, after review of the proposal submitted 

by the Secretary under subsection (b), specifically authorizes 

construction of a monitored retrievable storage facility, the 

requirements of the National Environmental Policy Act of 1969 (42 

USC 4321 et seq.) shall apply with respect to construction of such 

facility, except that any environmental impact statement prepared 

with respect to such facility shall not be required to consider the need 

for such facility or any alternative to the design criteria for such 

facility set forth in subsection (b) (1).

(d) LICENSING–Any facility authorized pursuant to this section 

shall be subject to licensing under section 202(3)) of the Energy 

Reorganization Act of 1974 (42 USC 5842(3). In reviewing the 

application filed by the Secretary for licensing of the first such facility, 

the Commission may not consider the need for such facility or any 

alternative to the design criteria for such facility set forth in subsection 

(b) (1).

(e) CLARIFICATION–Nothing in this section limits the 

consideration of alternative facility designs consistent with the criteria of 

paragraph (b)(1) in any environmental impact statement, or in any 

licensing procedure of the Commission, with respect to any monitored, 

retrievable facility authorized pursuant to this section.

(f) IMPACT ASSISTANCE–(1) Upon receipt by the Secretary of 

congressional authorization to construct a facility described in subsection 

(b), the Secretary shall commence making annual impact aid payments to 

appropriate units of general local government in order to migrate any 

social or economic impacts resulting from the construction and 

subsequent operation of any such facility within the jurisdictional 

boundaries of any such unit.

Consultations.

Environmental 

assessment.

Submittal to 

Congress.

Payments.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 451

(2) payments made available to units of general local government 

under this subsection shall be–

(A) allocated in a fair and equitable manner, with priority 

given to units of general local government determined by the 

Secretary to be most severely affected; and

(B) utilized by units of general local government only for 

planning, construction, maintenance, and provision of public 

services related to the siting of such facility.

(3) Such payments shall be subject to such terms and conditions 

as the Secretary determines are necessary to ensure achievement of 

the purposes of this subsection. The Secretary shall issue such 

regulations as may be necessary to carry out the provisions of this 

subsection.

(4) Such payments shall be made available entirely from funds 

held in the Nuclear Waste Fund established in section 302 (c) and 

shall be available only to the extent provided in advance in 

appropriation Acts.

(5) The Secretary may consult with appropriate units of general 

local government in advance of commencement of construction of 

any such facility in an effort to determine the level of payments each 

such unit is eligible to receive under this subsection.

(g) LIMITATION–No monitored retrievable storage facility 

development pursuant to this section may be constructed in any State in 

which there is located any site approved for site characterization under 

section 112. The restriction in the preceding sentence shall only apply 

until such time as the Secretary decides that such candidate site is no 

longer a candidate site under consideration for development as a 

repository. Such restriction shall continue to apply to any site selected for 

construction as a repository.

(h) PARTICIPATION OF STATES AND INDIAN TRIBES–Any 

facility authorized pursuant to this section shall be subject to the 

provisions of sections 115, 116(a), 116(b), 116(d), 117, and 118. For 

purposes of carrying out the provisions of this subsection, any reference 

in sections 115 through 118 to a repository shall be considered to refer to 

a monitored retrievable storage facility.

Sec. 142. Authorization of Monitored Retrievable Storage

(a) NULLIFICATION OF OAK RIDGE SITTING PROPOSAL–The 

proposal the Secretary (EC-1022, 100th Congress) to locate a monitored 

retrievable storage facility at a site on the Clinch River in the Roane 

County portion of Oak Ridge, Tennessee, with alternative sites on the 

Oak Ridge Reservation of the Department of Energy and on the former 

site of a proposed nuclear power plant in Hartsville, Tennessee, is 

annulled and revoked. In carrying out the provisions of sections 144 and 

145, the Secretary shall make no presumption or preference to such sites 

by reason of their previous selection.

(b) Authorization.–The Secretary is authorized to site, construct, and 

operate one monitored retrievable storage facility subject to the 

conditions described in sections 143 through 149.10

Sec. 143. Monitored Retrievable Storage Commission

(a) ESTABLISHMENT–(1) (A) There is established a Monitored 

Retrievable Storage Review Commission (hereinafter in this section 

––––––––

10 Sections 142 through 149 added by P.L. 100–203, Title V, § 5021, 101 Stat. 1330– 232 (1987).

Regulations.

Consultations.

42 USC 10162.

42 USC 10163.
452 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

referred to as the "MRS Commission"), that shall consist of 3 members 

who shall be appointed by and serve at the pleasure of the President pro 

tempore of the Senate and the Speaker of the House of Representatives.

(B)75 Members of the MRS Commission shall be appointed 

not later than 30 days after the date of the enactment of the 

Nuclear Waste Policy Amendments Act of 1987 from among

persons who as a result of training, experience and attainments are 

exceptionally well qualified to evaluate the need for a monitored 

retrievable storage facility as a part of the Nation’s nuclear waste 

management system.

(C) The MRS Commission shall prepare a report on the need 

for a monitored retrievable storage facility as a part of a national 

nuclear waste management system that achieves the purposes of 

this Act. In preparing the report under this subparagraph, the MRS 

Commission shall–

(i) review the status and adequacy of the Secretary’s 

evaluation of the systems advantages and disadvantages of 

bringing such a facility into the national nuclear waste 

disposal system;

(ii) obtain comment and available data on monitored 

retrievable storage from affected parties, including States 

containing potentially acceptable sites;

(iii) evaluate the utility of a monitored retrievable storage 

facility from a technical perspective; and

(iv) make a recommendation to Congress as to whether 

such a facility should be included in the national nuclear waste 

management system in order to achieve the purposes of this 

Act, including meeting needs for packaging and handling of 

spent nuclear fuel, improving the flexibility of the repository 

development schedule, and providing temporary storage of 

spent nuclear fuel accepted for disposal.

(2) In preparing the report and making its recommendation under 

paragraph (1) the MRS Commission shall compare such a facility to 

the alternative of at-reactor storage of spent nuclear fuel prior to 

disposal of such fuel in a repository under this Act. Such comparison 

shall take into consideration the impact on–

(A) repository design and construction;

(B) waste package design, fabrication and standardization;

(C) waste preparation;

(D) waste transportation systems;

(E) the reliability of the national system for the disposal of 

radioactive waste;

(F) the ability of the Secretary to fulfill contractual 

commitments of the Department under this Act to accept spent 

nuclear fuel for disposal; and

(G) economic factors, including the impact on the costs likely 

to be imposed on ratepayers of the Nation’s electric utilities for 

temporary at-reactor storage of spent nuclear fuel prior to final 

disposal in a repository, as well as the costs likely to be imposed 

on ratepayers of the Nation’s electric utilities in building and 

operating such a facility. 

Reports.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 453

(3)11 The report under this subsection, together with the 

recommendation of the MRS Commission, shall be transmitted to 

Congress on November 1, 1989.

(4) (A) (i) Each member of the MRS Commission shall be paid at 

the rate provided for level III of the Executive Schedule for each day 

(including travel time) such member is engaged in the work of the 

MRS Commission, and shall receive travel expenses, including per 

diem in lieu of subsistence in the same manner as is permitted under 

sections 5702 and 5703 of title 5, United States Code.

(ii) The MRS Commission may appoint and fix 

compensation, not to exceed the rate of basic pay payable for 

GS-18 of the General Schedule, for such staff as may be 

necessary to carry out its functions.

(B) (i) The MRS Commission may hold hearings, sit and act at 

such times and places, take such testimony and receive such 

evidence as the MRS Commission considers appropriate. Any 

member of the MRS Commission may administer oaths or 

affirmations to witnesses appearing before the MRS Commission.

(ii) The MRS Commission may request any Executive 

agency, including the Department, to furnish such assistance 

or information, including records, data, files, or documents, as 

the Commission considers necessary to carry out its functions. 

Unless prohibited by law, such agency shall promptly furnish 

such assistance or information.

(iii) To the extent permitted by law, the Administrator of 

the General Services Administration shall, upon request of the 

MRS Commission, provide the MRS Commission with

necessary administrative services, facilities, and support on a 

reimbursable basis.

(iv) The MRS Commission may procure temporary and 

intermittent services from experts and consultants to the same 

extent as is authorized by section 3109(b) of title 5, United 

States Code, at rates and under such rules as the MRS 

Commission considers reasonable.

(C) The MRS Commission shall cease to exist 60 days after 

the submission to Congress of the report required under this 

subsection.

Sec. 144. Survey

After the MRS Commission submits its report to the Congress under 

section 143, the Secretary may conduct a survey and evaluation of 

potentially suitable sites for a monitored retrievable storage facility. In 

conducting such survey and evaluation, the Secretary shall consider the 

extent to which siting a monitored retrievable storage facility at each site 

surveyed would–

(1) enhance the reliability and flexibility of the system for the 

disposal of spent nuclear fuel and high-level radioactive waste 

established under this Act;

(2) minimize the impacts of transportation and handling of such 

fuel and waste;

(3) provide for public confidence in the ability of such system to 

safely dispose of the fuel and waste;

––––––––

11 Added by P.L. 100–203, Title V, § 5021, 101 Stat. 1330–232 (1987); P.L. 100–507, 

§ 2, 102 Stat. 2541 (1988), extended the report deadline from June 1, 1989 to 

November 1, 1989.

Reports.

42 USC 10164.
454 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(4) impose minimal adverse effects on the local community and 

the local environment;

(5) provide a high probability that the facility will meet applicable 

environmental, health, and safety requirements in a timely fashion;

(6) provide such other benefits to the system for the disposal of 

spent nuclear fuel and high-level radioactive waste as the Secretary 

deems appropriate; and

(7) unduly burden a State in which significant volumes of highlevel radioactive waste resulting from atomic energy defense 

activities are stored.

Sec. 145. Site Selection

(a) GENERAL–The Secretary may select the site evaluated under 

section 144 that the Secretary determines on the basis of available 

information to be the most suitable for a monitored retrievable storage 

facility that is an integral part of the system for the disposal of spent 

nuclear fuel and high-level radioactive waste established under this Act.

(b) LIMITATION–The Secretary may not select a site under 

subsection (a) until the Secretary recommends to the President the 

approval of a site for development as a repository under section 114(a).

(c) SITE SPECIFIC ACTIVITIES–The Secretary may conduct such 

site specific activities at each site surveyed under section 144 as he 

determines may be necessary to support an application to the 

Commission for a license to construct a monitored retrievable storage 

facility at such site.

(d) ENVIRONMENTAL ASSESSMENT–Site specific activities and 

selection of a site under this section shall not require the preparation of 

an environmental impact statement under section 102(2)(C) of the 

National Environmental Policy Act of 1969 (42 USC 4332(2)(C)). The 

Secretary shall prepare an environmental assessment with respect to such 

selection in accordance with regulations issued by the Secretary 

implementing such Act. Such environmental assessment shall be based 

upon available information regarding alternative technologies for the 

storage of spent nuclear fuel and high-level radioactive waste. The 

Secretary shall submit such environmental assessment to the Congress at 

the time such site is selected.

(e) NOTIFICATION BEFORE SELECTION–(1) At least 6 months 

before selecting a site under subsection (a), the Secretary shall notify the 

Governor and legislature of the State in which such site is located, or the 

governing body of the affected Indian tribe where such site is located, as 

the case may be, of such potential selection and the basis for such 

selection.

(2) Before selecting any site under subsection (a), the Secretary 

shall hold at least one public hearing in the vicinity of such site to 

solicit any recommendations of interested parties with respect to 

issues raised by the selection of such site.

(f) NOTIFICATION OF SELECTION–The Secretary shall promptly 

notify Congress and the appropriate State or Indian tribe of the selection 

under subsection (a).

(g) LIMITATION–No monitored retrievable storage facility 

authorized pursuant to section 142 (b) may be constructed in the State of 

Nevada.

Sec. 146. Notice of Disapproval

(a) IN GENERAL–The selection of a site under section 145 shall be 

effective at the end of the period of 60 calendar days beginning on the 

date of notification under such subsection, unless the governing body of 

the Indian tribe on whose reservation such site is located, or, if the site is 

42 USC 10165.

42 USC 10166.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 455

not on a reservation, the Governor and the legislature of the State in 

which the site is located, has submitted to Congress a notice of 

disapproval with respect to such site. If any such notice of disapproval 

has been submitted under this subsection, the selection of the site under 

section 145 shall not be effective except as provided under section 

115(c).

(b) REFERENCES.–For purposes of carrying out the provisions of 

this subsection, references in section 115(c) to a repository shall be 

considered to refer to a monitored retrievable storage facility and 

references to a notice of disapproval of a repository site designation 

under section 116(b) or 118(a) shall be considered to refer to a notice of 

disapproval under this section.

Sec. 147. Benefits Agreement

Once selection of a site for a monitored retrievable storage facility is 

made by the Secretary under section 145, the Indian tribe on whose 

reservation the site is located, or, in the case that the site is not located on 

a reservation, the State in which the site is located, shall be eligible to 

enter into a benefits agreement with the Secretary under section 170.

Sec. 148. Construction Authorization

(a) ENVIRONMENTAL IMPACT STATEMENT–(1) Once the 

selection of a site is effective under section 146, the requirements of the 

National Environmental Policy Act of 1969 (42 USC 4321 et seq.) shall 

apply with respect to construction of a monitored retrievable storage 

facility, except that any environmental impact statement prepared with 

respect to such facility shall not be required to consider the need for such 

facility or any alternative to the design criteria for such facility set forth 

in section 141 (b) (1).

(2) Nothing in this section shall be construed to limit the 

consideration of alternative facility designs consistent with the 

criteria described in section 141(b)(1) in any environmental impact 

statement, or in any licensing procedure of the Commission, with 

respect to any monitored retrievable storage facility authorized under 

section 142(b).

(b) APPLICATION FOR CONSTRUCTION LICENSE–Once the 

selection of a site for a monitored retrievable storage facility is effective 

under section 146, the Secretary may submit an application to the 

Commission for a license to construct such a facility as part of an 

integrated nuclear waste management system and in accordance with the 

provisions of this section and applicable agreements under this Act 

affecting such facility.

(c) LICENSING–Any monitored retrievable storage facility 

authorized pursuant to section 142(b) shall be subject to licensing under 

section 202(3) of the Energy Reorganization Act of 1974 (42 USC 

5842(3)). In reviewing the application filed by the Secretary for licensing 

of such facility, the Commission may not consider the need for such 

facility or any alternative to the design criteria for such facility set forth 

in section 141(b)(1).

(d) LICENSING CONDITIONS–Any license issued by the 

Commission for a monitored retrievable storage facility under this 

section shall provide that–

(1) construction of such facility may not begin until the 

Commission has issued a license for the construction of a repository 

under section 115(d);

(2) construction of such facility or acceptance of spent nuclear 

fuel or high-level radioactive waste shall be prohibited during such 

42 USC 10167.

42 USC 10168.
456 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

time as the repository license is revoked by the Commission or 

construction of the repository ceases;

(3) the quantity of spent nuclear fuel or high-level radioactive 

waste at the site of such facility at any one time may not exceed 

10,000 metric tons of heavy metal until a repository under this Act 

first accepts spent nuclear fuel or solidified high-level radioactive 

waste; and

(4) the quantity of spent nuclear fuel or high-level radioactive 

waste at the site of the facility at any one time may not exceed 15,000 

metric tons of heavy metal.

Sec. 149. Financial Assistance

The provisions of section 116(c) or 118(b) with respect to grants, 

technical assistance, and other financial assistance shall apply to the 

State, to affected Indian tribes and to affected units of local government 

in the case of a monitored retrievable storage facility in the same manner 

as for a repository.

Subtitle D–Low-Level Radioactive Waste

Sec. 151. Financial Arrangements for Low-Level Radioactive Waste 

Site Closure

(a) FINANCIAL ARRANGEMENTS–(1) The Commission shall 

establish by rule, regulation, or order, after public notice, and in 

accordance with section 181 of the Atomic Energy Act of 1954 (42 USC 

2231), such standards and instructions as the Commission may deem 

necessary or desirable to ensure in the case of each license for the 

disposal of low-level radioactive waste that an adequate bond, surety, or 

other financial arrangement (as determined by the Commission) will be 

provided by a licensee to permit completion of all requirements 

established by the Commission for the decontamination, 

decommissioning, site closure, and reclamation of sites, structures, and 

equipment used in conjunction with such low-level radioactive waste. 

Such financial arrangements shall be provided and approved by the 

Commission, or, in the case of sites within the boundaries of any 

agreement State under section 274 of the Atomic Energy Act of 1954 (42 

USC 2021), by the appropriate State or State entity, prior to issuance of 

licenses for low-level radioactive waste disposal or, in the case of 

licenses in effect on the date of the enactment of this Act, prior to 

termination of such licenses.

(2) If the Commission determines that any long-term maintenance 

or monitoring, or both, will be necessary at a site described in 

paragraph (1), the Commission shall ensure before termination of the 

license involved that the licensee has made available such bonding, 

surety, or other financial arrangements as may be necessary to ensure 

that any necessary long-term maintenance or monitoring needed for 

such site will be carried out by the person having title and custody for 

such site following license termination.

(b) TITLE AND CUSTODY–(1) The Secretary shall have authority 

to assume title and custody of low-level radioactive waste and the land 

on which such waste is disposed of, upon request of the owner of such 

waste and land and following termination of the license issued by the 

Commission for such disposal, if the Commission determines that–

(A) the requirements of the Commission for site closure, 

decommissioning, and decontamination have been met by the 

licensee involved and that such licensee is in compliance with the 

provisions of subsection (a);

42 USC 10169.

42 USC 10171.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 457

(B) such title and custody will be transferred to the Secretary 

without cost to the Federal Government; and

(C) Federal ownership and management of such site is 

necessary or desirable in order to protect the public health and 

safety, and the environment.

(2) If the Secretary assumes title and custody of any such waste 

and land under this subsection, the Secretary shall maintain such 

waste and land in a manner that will protect the public health and 

safety, and the environment.

(c) SPECIAL SITES–If the low-level radioactive waste involved is 

the result of a licensed activity to recover zirconium, hafnium, and rare 

earths from source material, the Secretary, upon request of the owner of 

the site involved, shall assume title and custody of such waste and the 

land on which it is disposed when such site has been decontaminated and 

stabilized in accordance with the requirements established by the 

Commission and when such owner has made adequate financial 

arrangements approved by the Commission for the long-term 

maintenance and monitoring of such site.

Subtitle E–Redirection of the Nuclear Waste Program12

Sec. 160. Selection of Yucca Mountain Site

(a) IN GENERAL–(1) The Secretary shall provide for an orderly 

phase-out of site specific activities at all candidate sites other than the 

Yucca Mountain site.

(2) The Secretary shall terminate all site specific activities (other 

than reclamation activities) at all candidate sites, other than the Yucca 

Mountain site, within 90 days after the date of enactment of the 

Nuclear Waste Policy Amendments Act of 1987.

(b) Effective on the date of the enactment of the Nuclear Waste 

Policy Amendments Act of 1987, the State of Nevada shall be eligible to 

enter into a benefits agreement with the Secretary under section 170.

Sec. 161. Siting a Second Repository13

(a) CONGRESSIONAL ACTION REQUIRED–The Secretary may 

not conduct site-specific activities with respect to a second repository 

unless Congress has specifically authorized and appropriated funds for 

such activities.

(b) REPORT–The Secretary shall report to the President and to 

Congress on or after January 1, 2007, but not later than January 1, 2010, 

on the need for a second repository.

(c) TERMINATION OF GRANITE RESEARCH–Not later than 6 

months after the date of the enactment of the Nuclear Waste Policy 

Amendments Act of 1987, the Secretary shall phase out in an orderly 

manner funding for all research programs in existence on such date of 

enactment designed to evaluate the suitability of crystalline rock as a 

potential repository host medium.

(d) ADDITIONAL SITING CRITERIA–In the event that the 

Secretary at any time after such date of enactment considers any sites in 

crystalline rock for characterization or selection as a repository, the 

Secretary shall consider (as a supplement to the siting guidelines under 

section 112) such potentially disqualifying factors as–

––––––––

12 Added by P.L. 100–203, § 5011, 101 Stat. 1330 (1987). 13 Added by P.L. 100–203, § 5012, 101 Stat. 1330 (1987).

42 USC 10172.

42 USC 10172a.
458 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(1) seasonal increases in population;

(2) proximity to public drinking water supplies, including those of 

metropolitan areas; and

(3) the impact that characterization or siting decisions would have 

on lands owned or placed in trust by the United States for Indian 

tribes.

Subtitle F–Benefits14

Sec. 170. Benefits Agreements

(a) IN GENERAL–(1) The Secretary may enter into a benefits 

agreement with the State of Nevada concerning a repository or with a 

State or an Indian tribe concerning a monitored retrievable storage 

facility for the acceptance of high-level radioactive waste or spent 

nuclear fuel in that State or on the reservation of that tribe, as 

appropriate.

(2) The State or Indian tribe may enter into such an agreement 

only if the State Attorney General or the appropriate governing 

authority of the Indian tribe or the Secretary of the Interior, in the 

absence of an appropriate governing authority, as appropriate, 

certifies to the satisfaction of the Secretary that the laws of the State 

or Indian tribe provide adequate authority for that entity to enter into 

the benefits agreement.

(3) Any benefits agreement with a State under this section shall be 

negotiated in consultation with affected units of local government in 

such State.

(4) Benefits and payments under this subtitle may be made 

available only in accordance with a benefits agreement under this 

section.

(b) AMENDMENT–A benefits agreement entered into under 

subsection (a) may be amended only by the mutual consent of the parties 

to the agreement and terminated only in accordance with section 173.

(c) AGREEMENT WITH NEVADA–The Secretary shall offer to 

enter into a benefits agreement with the Governor of Nevada. Any 

benefits agreement with a State under this subsection shall be negotiated 

in consultation with any affected units of local government in such State.

(d) MONITORED RETRIEVABLE STORAGE–The Secretary shall 

offer to enter into a benefits agreement relating to a monitored retrievable 

storage facility with the governing body of the Indian tribe on whose 

reservation the site for such facility is located, or, if the site is not located 

on a reservation, with the Governor of the State in which the site is 

located and in consultation with affected units of local government in 

such State.

(e) LIMITATION–Only one benefits agreement for a repository and 

only one benefits agreement for a monitored retrievable storage facility 

may be in effect at any one time.

(f) JUDICIAL REVIEW–Decisions of the Secretary under this 

section are not subject to judicial review.15

––––––––

14 Amended by P.L. 100–203, § 5031, 101 Stat. 1330 (1987), by adding Subtitle F. 15 As added by P.L. 100–202, § 101(d) [Title III, § 300], 101 Stat. 1329–121, 

December 22, 1987, and amended by P.L. 100–203, Title V, § 5031, 101 Stat. 1330–237 

(1987). 

42 USC 10173.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 459

Sec. 171. Content of Agreements

(a) IN GENERAL–(1) In addition to the benefits to which a State, an 

affected unit of local government or Indian tribe is entitled under title I, 

the Secretary shall make payments to a State or Indian tribe that is a party 

to a benefits agreement under section 170 in accordance with the 

following schedule:

BENEFITS SCHEDULE

(amounts in $ millions)

Event MRS Repository

 (A) Annual payments prior to first 

spent fuel receipt 5 10

 (B) Upon first spent fuel receipt 10 20

 (C) Annual payments after the 

first spent fuel receipt until closure 

of the facility

10 20

(2) For purposes of this section, the term–

(A) "MRS" means a monitored retrievable storage facility,

(B) "spent fuel" means high-level radioactive waste or spent 

nuclear fuel, and

(C) "first spent fuel receipt" does not include receipt of spent 

fuel or high-level radioactive waste for purposes of testing or 

operational demonstration.

(3) Annual payments prior to first spent fuel receipt under 

paragraph (1)(A) shall be made on the date of execution of the 

benefits agreement and thereafter on the anniversary date of such 

execution. Annual payments after the first spent fuel receipt until 

closure of the facility under paragraph (1)(C) shall be made on the 

anniversary date of such first spent fuel receipt.

(4) If the first spent fuel payment under paragraph (1)(B) is made 

within six months after the last annual payment prior to the receipt of 

spent fuel under paragraph (1)(A), such first spent fuel payment under 

paragraph (1)(B) shall be reduced by an amount equal to one-twelfth 

of such annual payment under paragraph (1)(A) for each full month 

less than six that has not elapsed since the last annual payment under 

paragraph (1)(A).

(5) Notwithstanding paragraph (1), (2), or (3), no payment under 

this section may be made before January 1, 1989, and any payment 

due under this title before January 1, 1989, shall be made on or after 

such date.

(6) Except as provided in paragraph (7), the Secretary may not 

restrict the purposes for which the payments under this section may 

be used.

(7) (A) Any State receiving a payment under this section shall 

transfer an amount equal to not less than one-third of the amount of 

such payment to affected units of local government of such State.

(B) A plan for this transfer and appropriate allocation of such 

portion among such governments shall be included in the benefits 

agreement under section 170 covering such payments.

(C) In the event of a dispute concerning such plan, the 

Secretary shall resolve such dispute, consistent with this Act and 

applicable State law.

(b) CONTENTS–A benefits agreement under section 170 shall 

provide that–

(1) a Review Panel be established in accordance with section 172;

42 USC 10173a.
460 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(2) the State or Indian tribe that is party to such agreement waive 

its rights under title I to disapprove the recommendation of a site for a 

repository;

(3) the parties to the agreement shall share with one another 

information relevant to the licensing process for the repository of 

monitored retrievable storage facility, as it becomes available;

(4) the State or Indian tribe that is party to such agreement 

participate in the design of the repository or monitored retrievable 

storage facility and in the preparation of documents required under 

law or regulation governing the effects of the facility on the public 

health and safety; and

(5) the State or Indian tribe waive its rights, if any, to impact 

assistance under sections 116(c)(1)(B)(ii), 116(c)(2), 118(b)(2)(A)(ii), 

and 118(b)(3).

(c) The Secretary shall make payments to the States or affected Indian 

tribes under a benefits agreement under this section from the Waste 

Fund. The signature of the Secretary on a valid benefits agreement under 

section 170 shall constitute a commitment by the United States to make 

payments in accordance with such agreement.

Sec. 172. Review Panel

(a) IN GENERAL–The Review Panel required to be established by 

section 171(b)(1) of this Act shall consist of a Chairman selected by the 

Secretary in consultation with the Governor of the State or governing 

body of the Indian tribe, as appropriate, that is party to such agreement 

and six other members as follows:

(1) two members selected by the Governor of such State or 

governing body of such Indian tribe;

(2) two members selected by units of local government affected 

by the repository or monitored retrievable storage facility;

(3) one member to represent persons making payments into the 

Waste Fund, to be selected by the Secretary; and

(4) one member to represent other public interests, to be selected 

by the Secretary.

(b) TERMS–

(1) The members of the Review Panel shall serve for terms of four 

years each.

(2) Members of the Review Panel who are not full-time 

employees of the Federal Government, shall receive a per diem 

compensation for each day spent conducting work of the Review 

Panel, including their necessary travel or other expenses while 

engaged in the work of the Review Panel.

(3) Expenses of the Panel shall be paid by the Secretary from the 

Waste Fund.

(c) DUTIES–The Review Panel shall–

(1) advise the Secretary on matters relating to the proposed 

repository or monitored retrievable storage facility, including issues 

relating to design, construction, operation, and decommissioning of 

the facility;

(2) evaluate performance of the repository or monitored 

retrievable storage facility, as it considers appropriate;

(3) recommend corrective actions to the Secretary;

(4) assist in the presentation of State or affected Indian tribe and 

local perspectives to the Secretary; and

(5) participate in the planning for and the review of preoperational 

data on environmental, demographic, and socioeconomic conditions 

of the site and the local community.

42 USC 10173b.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 461

(d) INFORMATION–The Secretary shall promptly make available 

promptly any information in the Secretary’s possession requested by the 

Panel or its Chairman.

(e) FEDERAL ADVISORY COMMITTEE ACT–The requirements 

of the Federal Advisory Committee Act shall not apply to a Review 

Panel established under this title.

Sec. 173. Termination

(a) IN GENERAL–The Secretary may terminate a benefits 

agreement under this title if–

(1) the site under consideration is disqualified for its failure to 

comply with guidelines and technical requirements established by the 

Secretary in accordance with this Act; or

(2) the Secretary determines that the Commission cannot license 

the facility within a reasonable time.

(b) TERMINATION BY STATE OR INDIAN TRIBE–A State or 

Indian tribe may terminate a benefits agreement under this title only if 

the Secretary disqualifies the site under consideration for its failure to 

comply with technical requirements established by the Secretary in 

accordance with this Act or the Secretary determines that the 

Commission cannot license the facility within a reasonable time.

(c) DECISIONS OF THE SECRETARY–Decisions of the Secretary

under this section shall be in writing, shall be available to Congress and 

the public, and are not subject to judicial review.

Subtitle G–Other Benefits16

Sec. 174. Consideration in Siting Facilities

The Secretary, in siting Federal research projects, shall give special 

consideration to proposals from States where a repository is located.

Sec. 175. Report

(a) IN GENERAL–Within one year of the date of the enactment of 

the Nuclear Waste Policy Amendments Act of 1987, the Secretary shall 

report to Congress on the potential impacts of locating a repository at the 

Yucca Mountain site, including the recommendations of the Secretary for 

mitigation of such impacts and a statement of which impacts should be 

dealt with by the Federal Government, which should be dealt with by the 

State with State resources, including the benefits payments under section 

171, and which should be a joint Federal-State responsibility. The report 

under this subsection shall include the analysis of the Secretary of the 

authorities available to mitigate these impacts and the appropriate sources 

of funds for such mitigation.

(b) IMPACTS TO BE CONSIDERED–Potential impacts to be 

addressed in the report under this subsection (a) shall include impacts 

on–

(1) education, including facilities and personnel for elementary 

and secondary schools, community colleges, vocational and technical 

schools and universities;

(2) public health, including the facilities and personnel for 

treatment and distribution of water, the treatment of sewage, the 

control of pests and the disposal of solid waste;

––––––––

16 Amended by P.L. 100–203, § 5031, 101 Stat. 1330 (1987), by adding Subtitle G.

42 USC 10173c.

42 USC 10174.

42 USC 10174a.
462 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(3) law enforcement, including facilities and personnel for the 

courts, police and sheriff’s departments, district attorneys and public 

defenders and prisons;

(4) fire protection, including personnel, the construction of fire 

stations, and the acquisition of equipment;

(5) medical care, including emergency services and hospitals;

(6) cultural and recreational needs, including facilities and 

personnel for libraries and museums and the acquisition and 

expansion of parks;

(7) distribution of public lands to allow for the timely expansion 

of existing, or creation of new, communities and the construction of 

necessary residential and commercial facilities;

(8) vocational training and employment services;

(9) social services, including public assistance programs, 

vocational and physical rehabilitation programs, mental health 

services, and programs relating to the abuse of alcohol and controlled 

substances;

(10) transportation, including any roads, terminals, airports, 

bridges, or railways associated with the facility and the repair and 

maintenance of roads, terminals, airports, bridges, or railways 

damaged as a result of the construction, operation, and closure of the 

facility;

(11) equipment and training for State and local personnel in the 

management of accidents involving high-level radioactive waste;

(12) availability of energy;

(13) tourism and economic development, including the potential 

loss of revenue and future economic growth; and

(14) other needs of the State and local governments that would not 

have arisen but for the characterization of the site and the 

construction, operation, and eventual closure of the repository 

facility.

Subtitle H–Transportation17

Sec. 180. Transportation

(a) No spent nuclear fuel or high-level radioactive waste may be 

transported by or for the Secretary under subtitle A or under subtitle C 

except in packages that have been certified for such purpose by the 

Commission.

(b) The Secretary shall abide by regulations of the Commission 

regarding advance notification of State and local governments prior to 

transportation of spent nuclear fuel or high-level radioactive waste under 

subtitle A or under subtitle C. 

(c) The Secretary shall provide technical assistance and funds to 

States for training for public safety officials of appropriate units of local 

government and Indian tribes through whose jurisdiction the Secretary 

plans to transport spent nuclear fuel or high-level radioactive waste under 

subtitle A or under subtitle C. Training shall cover procedures required 

for safe routine transportation of these materials, as well as procedures 

for dealing with emergency response situations. The Waste Fund shall be 

the source of funds for work carried out under this subsection.

––––––––

17 Amended by P.L. 100–203, § 5061, 101 Stat. 1330 (1987), by adding Subtitle H.

42 USC 10175.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 463

Title II–Research, Development, and Demonstration Regarding 

Disposal of High-Level Radioactive Waste and Spent Nuclear Fuel

Sec. 211. Purpose

It is the purpose of this title–

(1) to provide direction to the Secretary with respect to the 

disposal 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, and 

maintenance of a deep geologic test and evaluation facility; and

(B) to provide for a focused and integrated high-level 

radioactive waste and spent nuclear fuel research and 

development program, including the development of a test and 

evaluation facility to carry out research and provide an integrated 

demonstration of the technology for deep geologic disposal of 

high-level radioactive waste, and the development of the facilities 

to demonstrate dry storage of spent nuclear fuel; and

(3) to provide for an improved cooperative role between the 

Federal Government and States, affected Indian tribes, and units of 

general local government in the siting of a test and evaluation facility.

Sec. 212. Applicability

The provisions of this title are subject to section 8 and shall not apply 

to facilities that are used for the disposal of high-level radioactive waste, 

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

resulting from atomic energy defense activities.

Sec. 213. Identification of Sites

(a) GUIDELINES–Not later than 6 months after the date of the 

enactment of this Act and notwithstanding the failure of other agencies to 

promulgate standards pursuant to applicable law, the Secretary, in 

consultation with the Commission, the Director of the United States 

Geological Survey, the Administrator, the Council on Environmental 

Quality, and such other Federal agencies as the Secretary considers 

appropriate, is authorized to issue, pursuant to section 553 of title 5, 

United States Code, general guidelines for the selection of a site for a test 

and evaluation facility. Under such guidelines the Secretary shall specify 

factors that qualify or disqualify a site for development as a test and 

evaluation facility, including factors pertaining to the location of valuable 

natural resources, hydrogeophysics, seismic activity, and atomic energy 

defense activities, proximity to water supplies, proximity to populations, 

the effect upon the rights of users of water, and proximity to components 

of the National Park System, the National Wildlife Refuge System, the 

National Wild and Scenic Rivers System, the National Wilderness 

Preservation System, or National Forest Lands. Such guidelines shall 

require the Secretary to consider the various geologic media in which the 

site for a test and evaluation facility may be located and, to the extent 

practicable, to identify sites in different geologic media. The Secretary 

shall use guidelines established under this subsection in considering and 

selecting sites under this title. 

(b) SITE IDENTIFICATION BY THE SECRETARY–(1) Not later 

than 1 year after the date of the enactment of this Act, and following 

promulgation of guidelines under subsection (a), the Secretary is 

authorized to identify 3 or more sites, at least 2 of which shall be in 

different geologic media in the continental United States, and at least 1 of 

which shall be in media other than salt. Subject to Commission 

requirements, the Secretary shall give preference to sites for the test and 

evaluation facility in media possessing geochemical characteristics that 

42 USC 10191.

42 USC 10192.

42 USC 10193.
464 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

retard aqueous transport of radionuclides in order to provide a greater 

possible protection of public health and safety as operating experience is 

gained at the test and operation facility, and with the exception of the 

primary areas under review by the Secretary on the date of the enactment 

of this Act for the location of a test and evaluation facility or repository, 

all sites identified under this subsection shall be more than 15 statute 

miles from towns having a population of greater than 1000 persons as 

determined by the most recent census unless such sites contain high-level 

radioactive waste prior to identification under this title. Each 

identification of a site shall be supported by an environmental 

assessment, which shall include a detailed statement of the basis for such 

identification and of the probable impacts of the siting research activities 

planned for such site, and a discussible impact of the siting research 

activities planned for such site, and a discussion of alternative activities 

relating to siting research that may be undertaken to avoid such impacts. 

Such environmental assessment shall include–

(A) an evaluation by the Secretary as to whether such site is 

suitable for siting research under the guidelines established under 

subsection (a);

(B) an evaluation by the Secretary of the effects of the siting 

research activities at such site on the public health and safety and 

the environment;

(C) a reasonable comparative evaluation by the Secretary of 

such site with other sites and locations that have been considered;

(D) a description of the decision process by which such site 

was recommended; and

(E) an assessment of the regional and local impacts of locating 

the proposed test and evaluation facility at such site.

(2) When the Secretary identifies a site, the Secretary shall as 

soon as possible notify the Governor of the State in which such site is 

located, or the governing body of the affected Indian tribe where such 

site is located, of such identification and the basis of such 

identification. Additional sites for the location of the test and 

evaluation facility authorized in section 302(d) may be identified after 

such 1 year period, following the same procedure as if such sites had 

been identified within such period.18

Sec. 214. Siting Research and Related Activities

(a) IN GENERAL–Not later than 30 months after the date on which 

the Secretary completes the identification of sites under section 213, the 

Secretary is authorized to complete sufficient evaluation of 3 sites to 

select a site for expanded siting research activities and for other activities 

under section 218. The Secretary is authorized to conduct such 

preconstruction activities relative to such site selection for the test and 

evaluation facility as he deems appropriate. Additional sites for the 

location of the test and evaluation facility authorized in section 302(d) 

may be evaluated after such 30-month period, following the same 

procedures as if such sites were to be evaluated within such period.

(b) Public Meetings and Environmental Assessment–Not later than 6 

months after the date on which the Secretary completes the identification 

––––––––

18 Amended by P.L. 102–285, § 10(a), 106 Stat. 171 (1992), which renamed the 

Geological Survey and provided that on and after May 18, 1992, it shall be known as the 

United States Geological Survey. An earlier statute, P.L. 102–154, Title I, 105 Stat. 1000

(1991), had provided for the identical change of name effective on and after 

November 13, 1991.

Environmental 

assessment.

42 USC 10194.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 465

of sites under section 213, and before beginning siting research activities, 

the Secretary shall hold at least 1 public meeting in the vicinity of each 

site to inform the residents of the area of the activities to be conducted at 

such site and to receive their views.

(c) Restrictions–Except as provided in section 218 with respect to a 

test and evaluation facility, in conducting siting research activities 

pursuant to subsection (a)–

(1) the Secretary shall use the minimum quantity of high-level 

radioactive waste or other radioactive materials, if any, necessary to 

achieve the test or research objectives;

(2) the Secretary shall ensure that any radioactive material used or 

placed on a site shall be fully retrievable; and

(3) upon termination of siting research activities at a site for any 

reason, the Secretary shall remove any radioactive material at or in 

the site as promptly as practicable.

(d) Title To Material–The Secretary may take title, in the name of the 

Federal Government, to the high-level radioactive waste spent nuclear 

fuel, or other radioactive material emplaced in a test and evaluation 

facility. If the Secretary takes title to any such material, the Secretary 

shall enter into the appropriate financial arrangements described in 

subsection (a) or (b) of section 302 for the disposal of such material.

Sec. 215. Test and Evaluation Facility Siting Review and Reports

(a) CONSULTATION AND COOPERATION–The Governor of a 

State, or the governing body of an affected Indian tribe, notified of a site 

identification under section 213 shall have the right to participate in a 

process of consultation and cooperation as soon as the site involved has 

been identified pursuant to such section and throughout the life of the test 

and evaluation facility. For purposes of this section, the term "process of 

consultation and cooperation" means a methodology–

(1) by which the Secretary–

(A) keeps the Governor or governing body involved fully and 

currently informed about any potential economic or public health 

and safety impacts in all stages of the siting, development, 

construction, and operation of a test and evaluation facility;

(B) solicits, receives, and evaluates concerns and objections of 

such Governor or governing body with regard to such test and 

evaluation facility on an ongoing basis; and

(C) works diligently and cooperatively to resolve such 

concerns and objections; and

(2) by which the State or affected Indian tribe involved can 

exercise reasonable independent monitoring and testing of onsite 

activities related to all stages of the siting, development, construction 

and operation of the test and evaluation facility, except that any such 

monitoring and testing shall not unreasonably interfere with onsite 

activities.

(b) WRITTEN AGREEMENTS–The Secretary shall enter into 

written agreements with the Governor of the State in which an identified 

site is located or with the governing body of any affected Indian tribe 

where an identified site is located in order to expedite the consultation 

and cooperation process. Any such written agreement shall specify–

(1) procedures by which such Governor or governing body may 

study, determine, comment on, and make recommendations with 

regard to the possible health, safety, and economic impacts of the test 

and evaluation facility;

(2) procedures by which the Secretary shall consider and respond 

to comments and recommendations made by such Governor or 

42 USC 10195.

Process of 

consultation 

and 

cooperation.
466 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

governing body, including the period in which the Secretary shall so 

respond;

(3) the documents the Department is to submit to such Governor 

or governing body, the timing for such submissions, the timing for 

such Governor or governing body to identify public health and safety 

concerns and the process to be followed to try to eliminate those 

concerns;

(4) procedures by which the Secretary and either such Governor 

or governing body may review or modify the agreement periodically; 

and

(5) procedures for public notification of the procedures specified 

under subparagraphs (A) through (D).

(c) LIMITATION–Except as specifically provided in this section, 

nothing in this title is intended to grant any State or affected Indian tribe 

any authority with respect to the siting, development, or loading of the 

test and evaluation facility.

Sec. 216. Federal Agency Actions

(a) COOPERATION AND COORDINATION–Federal agencies shall 

assist the Secretary by cooperating and coordinating with the Secretary in 

the preparation of any necessary reports under this title and the mission 

plan under section 301.

(b) ENVIRONMENTAL REVIEW–(1) No action of the Secretary or 

any other Federal agency required by this title or section 301 with respect 

to a test and evaluation facility to be taken prior to the initiation of onsite 

construction of a test and evaluation facility shall require the preparation 

of an environmental impact statement under section 102(2)(C) of the 

Environmental Policy Act of 1969 (42 USC 4332(2)(C)), or to require 

the preparation of environmental reports, except as otherwise specifically 

provided for in this title.

(2) The Secretary and the heads of all other Federal agencies 

shall, to the maximum extent possible, avoid duplication of efforts in 

the preparation of reports under the National Environmental Policy 

Act of 1969 (42 USC 4321 et seq.).

Sec. 217. Research and Development on Disposal of High-Level 

Radioactive Waste

(a) PURPOSE–Not later than 64 months after the date of the 

enactment of this Act, the Secretary is authorized to, to the extent 

practicable, begin at a site evaluated under section 214, as part of and as 

an extension of siting research activities of such site under such section, 

the mining and construction of a test and evaluation facility. Prior to the 

mining and construction of such facility, the Secretary shall prepare an 

environmental assessment. the purpose of such facility shall be–

(1) to supplement and focus the repository site characterization 

process;

(2) to provide the conditions under which known technological 

components can be integrated to demonstrate a functioning 

repository-like system;

(3) to provide a means of identifying, evaluating, and resolving 

potential repository licensing issues that could not be resolved during 

the siting research program conducted under section 212;

(4) to validate, under actual conditions, the scientific models used 

in the design of a repository;

(5) to refine the design and engineering of repository components 

and systems and to confirm the predicted behavior of such 

components and systems;

42 USC 10196.

42 USC 10197.

Environmental 

assessment.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 467

(6) to supplement the siting data, the generic and specific 

geological characteristics developed under section 214 relating to 

isolating disposal materials in the physical environment of a 

repository;

(7) to evaluate the design concepts for packaging, handling, and 

emplacement of high-level radioactive waste and spent nuclear fuel at 

the design rate; and

(8) to establish operating capability without exposing workers to 

excessive radiation.

(b) DESIGN–The Secretary shall design each test and evaluation 

facility–

(1) to be capable of receiving not more than 100 full-sized 

canisters of solidified high-level radioactive waste (which canisters 

shall not exceed an aggregate weight of 100 metric tons), except that 

spent nuclear fuel may be used instead of such waste if such waste 

cannot be obtained under reasonable conditions;

(2) to permit full retrieval of solidified high-level radioactive 

waste, or other radioactive material used by the Secretary for testing, 

upon completion of the technology demonstration activities; and

(3) based upon the principle that the high-level radioactive waste, 

spent nuclear fuel, or other radioactive material involved shall be 

isolated from the biosphere in such a way that the initial isolation is 

provided by engineered barriers functioning as a system with the 

geologic environment.

(c) OPERATION–(1) Not later than 88 months after the date of the 

enactment of this Act, the Secretary shall begin an in situ testing program 

at the test and evaluation facility in accordance with the mission plan 

developed under section 301, for purposes of–

(A) conducting in situ tests of bore hole sealing, geologic 

media fracture sealing, and room closure to establish the 

techniques and performance for isolation of high-level radioactive 

waste, spent nuclear fuel, or other radioactive materials from the 

biosphere;

(B) conducting in situ tests with radioactive sources and 

materials to evaluate and improve reliable models for radionuclide 

mitigation, absorption, and containment within the engineered 

barriers and geologic media involved, if the Secretary finds there 

is reasonable assurance that such radioactive sources and 

materials will not threaten the use of such site as a repository;

(C) conducting in situ tests to evaluate and improve models 

for ground water or brine flow through fractured geologic media;

(D) conducting in situ tests under conditions representing the 

real time and the accelerated time behavior of the engineered 

barriers within the geologic environment involved;

(E) conducting in situ tests to evaluate the effects of heat and 

pressure on the geologic media involved on the hydrology of the 

surrounding area and on the integrity of the disposal packages;

(F) conducting in situ tests under both normal and abnormal 

repository conditions to establish safe design limits for disposal 

packages and to determine the effects of the gross release of 

radionuclides into surroundings, and the effects of various 

credible failure modes, including–

(i) seismic events leading to the coupling of aquifers 

through the test and evaluation facility;

(ii) thermal pulses significantly greater than the maximum 

calculated; and

Testing.
468 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(iii) human intrusion creating a direct pathway to the 

biosphere; and

(G) conducting such other research and development activities 

as the Secretary considers appropriate, including such activities 

necessary, to obtain the use of high-level radioactive waste, spent 

nuclear fuel, or other radioactive materials (such as any highly 

radioactive material from the Three Mile Island nuclear power 

plant or from the West Valley Demonstration Project) for test and 

evaluation purposes, if such other activities are reasonably 

necessary to support the repository program and if there is 

reasonable assurance that the radioactive sources involved will 

not threaten the use of such site as a repository.

(2) The in situ testing authorized in this subsection shall be 

designed to ensure that the suitability of the site involved for 

licensing by the Commission as a repository will not be adversely 

affected.

(d) USE OF EXISTING DEPARTMENT FACILITIES–During the 

conducting of siting research activities under section 214 and for such 

period thereafter as the Secretary considers appropriate, the Secretary 

shall use Department facilities owned by the Federal Government on the 

date of the enactment of this Act for the conducting of generically 

applicable test regarding packaging, handling, and emplacement 

technology for solidified high-level radioactive waste and spent nuclear 

fuel from civilian nuclear activities.

(e) ENGINEERED BARRIERS–The system of engineered barriers 

and selected geology used in a test and evaluation facility shall have a 

design life at least as long as that which the Commission requires by 

regulations issued under this Act, or under the Atomic Energy Act of 

1954 (42 USC 2011 et seq.), for repositories.

(f) ROLE OF COMMISSION–(1)(A) Not later than 1 year after the 

date of the enactment of this Act, the Secretary and the Commission shall 

reach a written understanding establishing the procedures for review, 

consultation, and coordination in the planning, construction, and 

operation of the test and evaluation facility under this section. Such 

understanding shall establish a schedule, consistent with the deadlines set 

forth in this subtitle, for submission by the Secretary of, and review by 

the Commission of and necessary action on–

(i) the mission plan prepared under section 301; and

(ii) such reports and other information as the Commission 

may reasonably require to evaluate any health and safety 

impacts of the test and evaluation facility.

(B) Such understanding shall also establish the conditions 

under which the Commission may have access to the test and 

evaluation facility for the purpose of assessing any public health 

and safety concerns that it may have. No shafts may be excavated 

for the test and evaluation until the Secretary and the Commission 

enter into such understanding.

(2) Subject to section 305, the test and evaluation facility, and the 

facilities authorized in section 217, shall be constructed and operated 

as research, development, and demonstration facilities, and shall not 

be subject to licensing under section 202 of the Energy 

Reorganization Act of 1974 (42 USC 5842).

(3)(A) The Commission shall carry out a continuing analysis of 

the activities undertaken under this section to evaluate the adequacy 

of the consideration of public health and safety issues.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 469

(B) The Commission shall report to the President, the 

Secretary, and the Congress as the Commission considers 

appropriate with respect to the conduct of activities under this 

section.

(g) ENVIRONMENTAL REVIEW–The Secretary shall prepare an 

environmental impact statement under section 102(2)(C) of the National 

Environmental Policy Act of 1969 (42 USC 4332)(2)(C) prior to 

conducting tests with radioactive materials at the test and evaluation 

facility. Such environmental impact statement shall incorporate, to the 

extent practicable, the environmental assessment prepared under section 

217(a). Nothing in this subsection may be construed to limit siting 

research activities conducted under section 214. This subsection shall 

apply only to activities performed exclusively for a test and evaluation 

facility.

(h) LIMITATIONS–(1) If the test and evaluation facility is not 

located at the site of a repository, the Secretary shall obtain the 

concurrence of the Commission with respect to the decontamination and 

decommissioning of such facility.

(2) If the test and evaluation facility is not located at a candidate 

site or repository site, the Secretary shall conduct only the portion of 

the in situ testing program required in subsection (c) determined by 

the Secretary to be useful in carrying out the purposes of this act.

(3) The operation of the test and evaluation facility shall terminate 

not later than–

(A) 5 years after the date on which the initial repository begins 

operation; or

(B) at such time as the Secretary determines that the continued 

operation of a test and evaluation facility is not necessary for 

research, development, and demonstration purposes;

whichever occurs sooner.

(4) Notwithstanding any other provisions of this subsection, as 

soon as practicable following any determination by the Secretary, 

with the concurrence of the Commission, that the test and evaluation 

facility is unsuitable for continued operation, the Secretary shall take 

such actions as are necessary to remove from such site any 

radioactive material placed on such site as a result of testing and 

evaluation activities conducted under this section. Such requirement 

may be waived if the Secretary, with the concurrence of the 

Commission, finds that short-term testing and evaluation activities 

using radioactive material will not endanger the public health and 

safety.

Sec. 218. Research and Development on Spent Nuclear Fuel

(a) DEMONSTRATION AND COOPERATIVE PROGRAMS–The 

Secretary shall establish a demonstration program, in cooperation with 

the private sector, for the dry storage of spent nuclear fuel at civilian 

nuclear power reactor sites, with the objective of establishing one or 

more technologies that the Commission may, by rule, approve for use at 

the sites of civilian nuclear power reactors without, to the maximum 

extent practicable, the need for additional site-specific approvals by the 

Commission. Not later than 1 year after the date of the enactment of this 

Act, the Secretary shall select at least 1, but not more than 3, sites 

evaluated under section 214 at such power reactors. In selecting such site 

or sites, the Secretary shall give preference to civilian nuclear power 

reactors that will soon have a shortage of interim storage capacity for 

spent nuclear fuel. Subject to reaching agreement as provided in 

subsection (b), the Secretary shall undertake activities to assist such 

Terminations.

42 USC 10198.
470 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

power reactors with demonstration projects at such sites, which may use 

one of the following types of alternate storage technologies; spent 

nuclear fuel storage casks, caissons, or silos. The Secretary shall also 

undertake a cooperative program with civilian nuclear power reactors to 

encourage the development of the technology for spent nuclear fuel rod 

consolidation in existing power reactor water storage basins.

(b) COOPERATIVE AGREEMENTS–To carry out the programs 

described in subsection (a), the Secretary shall enter into a cooperative 

agreement with each utility involved that specifies, at a minimum, that–

(1) such utility shall select the alternate storage technique to be 

used, make the land and spent nuclear fuel available for the dry 

storage demonstration, submit and provide site-specific 

documentation for a license application to the Commission, obtain a 

license relating to the facility involved, construct such facility, 

operate such facility after licensing, pay the costs required to 

construct such facility, and pay all costs associated with the operation 

and maintenance of such facility;

(2) the Secretary shall provide, on a cost-sharing basis, 

consultative and technical assistance, including design support and 

generic licensing documentation, to assist such utility in obtaining the 

construction authorization and appropriate license from the 

Commission; and

(3) the Secretary shall provide generic research and development 

of alternative spent nuclear fuel storage techniques to enhance utilityprovided, at-reactor storage capabilities, if authorized in any other 

provision of this act or in any other provision of law.

(c) DRY STORAGE RESEARCH AND DEVELOPMENT–(1) The 

consultative and technical assistance referred to in subsection (b)(2) may 

include, but shall not be limited to, the establishment of a research and 

development program for the dry storage of not more than 300 metric 

tons of spent nuclear fuel at facilities owned by the Federal Government 

on the date of the enactment of this Act. The purpose of such program 

shall be to collect necessary data to assist the utilities involved in the 

licensing process.

(2) To the extent available, and consistent with the provisions of 

section 135, the Secretary shall provide spent nuclear fuel for the 

research and development program authorized in this subsection from 

spent nuclear fuel received by the Secretary for storage under section 

135. Such spent nuclear fuel shall not be subject to the provisions of 

section 135(e).

(d) FUNDING–The total contribution from the Secretary from 

Federal funds and the use of Federal facilities or services shall not exceed 

25 percent of the total costs of the demonstration program authorized in 

subsection (a), as estimated by the Secretary. All remaining costs of such 

program shall be paid by the utilities involved or shall be provided by the 

Secretary from the Interim Storage Fund established in section 136.

(e) RELATION TO SPENT NUCLEAR FUEL STORAGE 

PROGRAM–The spent nuclear fuel storage program authorized in 

section 135 shall not be construed to authorize the use of research 

development or demonstration facilities owned by the Department 

unless–
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 471

(1) a period of 30 calendar days (not including any day in which 

either House of Congress is not in session because of adjournment of 

more than 3 calendar days to a day certain) has passed after the 

Secretary has transmitted to the Committee on Science, Space, and 

Technology19 of the House of Representatives and the Committee on 

Energy and Natural Resources of the Senate a written report 

containing a full and complete statement concerning (A) the facility 

involved; (B) any necessary modifications; (C) the cost thereof; and 

(D) the impact on the authorized research and development program; 

or

(2) each such committee, before the expiration of such period, has 

transmitted to the Secretary a written notice to the effect that such 

committee has no objection to the proposed use of such facility.

Sec. 219. Payments to States and Indian Tribes

(a) PAYMENTS–Subject to subsection (b), the Secretary shall make 

payments to each State or affected Indian tribe that has entered into an 

agreement pursuant to section 215. The Secretary shall pay an amount 

equal to 100 percent of the expenses incurred by such State or Indian 

tribe in engaging in any monitoring, testing, evaluation, or other 

consultation and cooperation activity under section 215 with respect to 

any site. The amount paid by the Secretary under this paragraph shall not 

exceed $3,000,000 per year from the date on which the site involved was 

identified to the date on which the decontamination and decommission of 

the facility is complete pursuant to section 217(h). Any such payment 

may only be made to a State in which a potential site for a test and 

evaluation facility has been identified under section 213, or to an affected 

Indian tribe where the potential site has been identified under such 

section.

(b) LIMITATION–The Secretary shall make any payment to a State 

under subsection (a) only if such State agrees to provide, to each unit of 

general local government within the jurisdictional boundaries of which 

the potential site or effectively selected site involved is located, at least 

one-tenth of the payments made by the Secretary to such State under 

such subsection. A State or affected Indian tribe receiving any payment 

under subsection (a) shall otherwise have discretion to use such payment 

for whatever purpose it deems necessary, including the State or tribal 

activities pursuant to agreements entered into in accordance with section 

215. Annual payments shall be prorated on a 365-day basis to the 

specified dates.

Sec. 220. Study of Research and Development Needs for Monitored 

Retrievable Storage Proposal

Not later than 6 months after the date of the enactment of this Act, the 

Secretary shall submit to the Congress a report describing the research 

and development activities the Secretary considers necessary to develop 

the proposal required in section 141(b) with respect to a monitored 

retrievable storage facility.

Sec. 221. Judicial Review

Judicial review of research and development activities under this shall 

be in accordance with the provisions of section 119.

––––––––

19 Amended by P.L. 103–437, § 15(c)(10), 108 Stat. 4592 (1994).

Report to 

congressional 

committees.

42 USC 10199.

42 USC 10200.

Report to 

Congress.

42 USC 10201.
472 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

Sec. 222. Research on Alternatives for the Permanent Disposal of

High-Level Radioactive Waste

Research on Alternatives for the Permanent Disposal of High-Level 

Radioactive Waste–The Secretary shall continue and accelerate a 

program of research, development, and investigation of alternative means 

and technologies for the permanent disposal of high-level radioactive 

waste from civilian nuclear activities and Federal research and 

development activities except that funding shall be made from amounts 

appropriated to the Secretary for purposes of carrying out this section. 

Such program shall include examinations of various waste disposal 

options.

Sec. 223. Technical Assistance to Non-Nuclear Weapon States in the 

Field of Spent Fuel Storage and Disposal

(a) It shall be the policy of the United States to cooperate with and 

provide technical assistance to non-nuclear weapon states in the field of 

spent fuel storage and disposal.

(b)(1) Within 90 days of enactment of this Act, the Secretary and the 

Commission shall publish a joint notice in the Federal Register stating 

that the United States is prepared to cooperate with and provide technical 

assistance to non-nuclear weapon states in the fields of at-reactor spent 

fuel storage; away-from-reactor spent fuel storage; monitored, retrievable 

spent fuel storage; geologic disposal of spent fuel; and the health, safety, 

and environmental regulation of such activities. The notice shall 

summarize the resources that can be made available for international 

cooperation and assistance in these fields through existing programs of 

the Department and the Commission, including the availability of: (i) 

data from past or ongoing research and development projects; (ii) 

consultations with expert Department or Commission personnel or 

contractors; and (iii) liaison with private business entities and 

organizations working in these fields.

(2) The joint notice described in the preceding subparagraph shall 

be updated and reissued annually for 5 succeeding years.

(c) Following publication of the annual joint notice referred to in 

paragraph (2), the Secretary of State shall inform the governments of 

non-nuclear weapon states and, as feasible, the organizations operating 

nuclear power plants in such states, that the United States is prepared to 

cooperate with and provide technical assistance to non-nuclear weapon 

states in the fields of spent fuel storage and disposal, as set forth in the 

joint notice. The Secretary of State shall also solicit expressions of 

interest from non-nuclear weapon state governments and non-nuclear 

weapon state nuclear power reactor operators concerning their 

participation in expanded United States cooperation and technical 

assistance programs in these fields. The Secretary of State shall transmit

any such expressions of interest to the Department and the Commission.

(d) With his budget presentation materials for the Department and the 

Commission for fiscal years 1984 through 1989, the President shall 

include funding requests for an expanded program of cooperation and 

technical assistance with non-nuclear weapon states in the fields of spent 

fuel storage and disposal as appropriate in light of expressions of interest 

in such cooperation and assistance on the part of non-nuclear weapon 

state governments and non-nuclear weapon state nuclear power reactor 

operators.

(e) For the purposes of this subsection, the term "non-nuclear weapon 

state" shall have the same meaning as that set forth in article IX of the 

Treaty on the Non-Proliferation of Nuclear Weapons (21 USC 438).

42 USC 10202.

42 USC 10203.

Joint notice, 

publication in 

Federal 

Register.

Joint notice, 

reissuance.

Expressions of 

interest.

Non-nuclear 

weapon state.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 473

(f) Nothing in this subsection shall authorize the Department of 

Commission to take any action not authorized under existing law.

Sec. 224. Subseabed Disposal

(a) REPEALED. Public Law 104–66, title I, section 1051(d), 

December 21, 1995, 109 Stat. 716.

(b) OFFICE OF SUBSEABED DISPOSAL RESEARCH–

(1) There is hereby established an Office of Subseabed Disposal 

Research within the Office of Science of the Department of Energy. 

The Office shall be headed by the Director, who shall be a member of 

the Senior Executive Service appointed by the Director of the Office 

of Science, and compensated at a rate determined by applicable law.

(2) The Director of the Office of Subseabed Disposal Research 

shall be responsible for carrying out research, development, and 

demonstration activities on all aspects of subseabed disposal of high–

level radioactive waste and spent nuclear fuel, subject to the general 

supervision of the Secretary. The Director of the Office shall be 

directly responsible to the Director of the Office of Science, and the 

first such Director shall be appointed within 30 days of December 22, 

1987.

(3) In carrying out his responsibilities under this chapter, the 

Secretary may make grants to, or enter into contracts with, the 

Subseabed Consortium described in subsection (d) of this section, 

and other persons.

(4)(A) Within 60 days of December 22, 1987, the Secretary shall 

establish a university–based Subseabed Consortium involving 

leading oceanographic universities and institutions, national 

laboratories, and other organizations to investigate the technical 

and institutional feasibility of subseabeded disposal.

(B) The Subseabeded Consortium shall develop a research 

plan and budget to achieve the following objectives by 1995:

(i) demonstrate the capacity to identify and characterize 

potential subseabeded disposal sites;

(ii) develop conceptual designs for a Subseabeded disposal 

system, including estimated costs and institutional 

requirements; and

(iii) identify and assess the potential impacts of 

Subseabeded disposal on the human and marine environment.

(C) In 1990, and again in 1995, the Subseabeded Consortium 

shall report to Congress on the progress being made in achieving 

the objectives of paragraph (2).

(5) REPEALED. Public Law 104–66, title I, section 1051(d), 109 

Stat. 716, December 21, 1995.20

Title III–Other Provisions Relating to Radioactive Waste

Sec. 301. Mission Plan

(a) CONTENTS OF MISSION PLAN–The Secretary shall prepare a 

comprehensive report, to be known as the mission plan, which shall 

provide an informational basis sufficient to permit informed decisions to 

be made in carrying out the repository program and the research, 

––––––––

20 P.L. 97–425, Title II, § 224, as added by P.L. 100–202, § 101(d), Title III, 

101 Stat. 1329–104, 1329–12 (1987); P.L. 100–203, Title V, § 5063, 101 Stat. 1330–253 

(1987); Amended by P.L. 104–66, Title I, § 1051(d), 109 Stat. 716 (1995); P.L. 10–245, 

Title III, § 309(b)(2)(E), 112 Stat. 1853 (1998).

42 USC 10204.

Reports.

42 USC 10221.
474 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

development, and demonstration programs required under this Act. The 

mission plan shall include–

(1) an identification of the primary scientific, engineering, and 

technical information, including any necessary demonstration of 

engineering or systems integration, with respect to the siting and 

construction of a test and evaluation facility and repositories;

(2) an identification of any information described in paragraph (1) 

that is not available because of any unresolved scientific, engineering, 

or technical questions, or undemonstrated engineering or systems 

integration, a schedule including specific major milestones for the 

research, development, and technology demonstration program 

required under this Act and any additional activities to be undertaken 

to provide such information, a schedule for the activities necessary to 

achieve important programmatic milestones, and an estimate of the 

costs required to carry out such research, development and 

demonstration programs;

(3) an evaluation of financial, political, legal, or institutional 

problems that may impede the implementation of this Act, the plans 

of the Secretary to resolve such problems, and recommendations for 

any necessary legislation to resolve such problems;

(4) any comments of the Secretary with respect to the purpose and 

program of the test and evaluation facility;

(5) a discussion of the significant results of research and 

development programs conducted and the implications for each of the 

different geologic media under consideration for the siting of 

repositories, and, on the basis of such information, a comparison of 

the advantages and disadvantages associated with the use of such 

media for repository sites;

(6) the guidelines issued under section 112(a);

(7) a description of known sites at which site characterization 

activities should be undertaken, a description of such siting 

characterization activities, including the extent of planned 

excavations, plans for onsite testing with radioactive or 

nonradioactive material, plans for any investigations activities which 

may affect the capability of any such site to isolate high-level 

radioactive waste or spent nuclear fuel, plans to control any adverse, 

safety-related impacts from such site characterization activities, and 

plans for the decontamination and decommissioning of such site if it 

is determined unsuitable for licensing as a repository;

(8) an identification of the process for solidifying high-level 

radioactive waste or packaging spent nuclear fuel, including a 

summary and analysis of the data to support the selection of the 

solidification process and packaging techniques, an analysis of the 

requirements for the number of solidification packaging facilities 

needed, a description of the state of the art for the materials proposed 

to be used in packaging such waste or spent fuel and the availability 

of such materials including impacts on strategic supplies and any 

requirements for new or reactivated facilities to produce any such 

materials needed, and a description of a plan, and the schedule for 

implementing such plan, for an aggressive research and development 

program to provide when needed a high-integrity disposal package at 

a reasonable price;

(9) an estimate of (A) the total repository capacity required to 

safely accommodate the disposal of all high-level radioactive waste 

and spent nuclear fuel expected to be generated through December 

31, 2020, in the event that no commercial reprocessing of spent 
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 475

nuclear fuel occurs, as well as the repository capacity that will be 

required if such reprocessing does occur; (B) the number and type of 

repositories required to be constructed to provide such disposal 

capacity; (C) a schedule for the construction of such repositories; and 

(D) an estimate of the period during which each repository listed in 

such schedule will be accepting high-level radioactive waste or spent 

nuclear fuel for disposal;

(10) an estimate, on an annual basis, of the costs required (A) to 

construct and operate the repositories anticipated to be needed under 

paragraph (9) based on each of the assumptions referred to in such 

paragraph; (B) to construct and operate a test and evaluation facility, 

or any other facilities, other than repositories described in 

subparagraph (A), determined to be necessary; and (C) to carry out 

any other activities under this Act; and

(11) an identification of the possible adverse economic and other 

impacts to the State or Indian tribe involved that may arise from the 

development of a test and evaluation facility or repository at a site.

(b) Submission of Mission Plan.–(1) Not later than 15 months after 

the date of the enactment of this Act, the Secretary shall submit a draft 

mission plan to the States, the affected Indian tribes, the Commission, 

and other Government agencies as the Secretary deems appropriate for 

their comments.

(2) In preparing any comments on the mission plan, such agencies 

shall specify with precision any objections that they may have. Upon 

submission of the mission plan to such agencies, the Secretary shall 

publish a notice in the Federal Register of the submission of the 

mission plan and of its availability for public inspection, and, upon 

receipt of any comments of such agencies respecting the mission 

plan, the Secretary shall publish a notice in the Federal Register of the 

receipt of comments and of the availability of the comments for 

public inspection. If the Secretary does not revise the mission plan to 

meet objections specified in such comments, the Secretary shall 

publish in the Federal Register a detailed statement for not so revising 

the mission plan.

(3) The Secretary, after reviewing any other comments made by 

such agencies and revising the mission plan to the extent that the 

Secretary may consider to be appropriate, shall submit the mission 

plan to the appropriate committees of the Congress not later than 17 

months after the date of the enactment of this Act. The mission plan 

shall be used by the Secretary at the end of the first period of 30 

calendar days (not including any day on which either House of 

Congress is not in session because of adjournment of more than 3 

calendar days to a day certain) following receipt of the mission plan 

by the Congress.

Sec. 302. Nuclear Waste Fund

(a) CONTRACTS–(1) In the performance of his functions under this 

Act, the Secretary is authorized to enter into contracts with any person 

who generates or holds title to high-level radioactive waste, or spent 

nuclear fuel, of domestic origin for the acceptance of title, subsequent 

transportation, and disposal of such waste or spent fuel. Such 

contracts shall provide for payment to the Secretary of fees pursuant 

to paragraphs (2) and (3) sufficient to offset expenditures in 

subsection (d).

(2) For electricity generated by a civilian nuclear power reactor 

and sold on or after the date 90 days after the date of enactment of 

Public 

inspection and 

agency 

comments.

Publication in 

Federal 

Register.

Plan submittal 

to 

congressional 

committees.

42 USC 10222.

Fees.
476 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

this Act, the fee under paragraph (1) shall be equal to 1.0 mil per 

kilowatt-hour.

(3) For spent nuclear fuel, or solidified high-level radioactive 

waste derived from spent nuclear fuel, which fuel was used to 

generate electricity in a civilian nuclear power reactor prior to the 

application of the fee under paragraph (2) to such reactor, the 

Secretary shall, not later than 90 days after the date of enactment of 

this Act, establish a 1 time fee per kilogram of heavy metal in spent 

nuclear fuel, or in solidified high-level radioactive waste. Such fee 

shall be in amount equivalent to an average charge of 1.0 mil per 

kilowatt-hour for electricity generated by such spent nuclear fuel, or 

such solidified high-level waste derived therefrom, to be collected 

from any person delivering such spent nuclear fuel or high-level 

waste, pursuant to section 123, to the Federal Government. Such fee 

shall be paid to the Treasury of the United States and shall be 

deposited in the separate fund established by subsection (c)126(b). In 

paying such a fee, the person delivering spent fuel, or solidified highlevel radioactive wastes derived therefrom, to the Federal 

Government shall have no further financial obligation to the Federal 

Government for the long-term storage and permanent disposal of such 

spent fuel, or the solidified high-level radioactive waste derived 

therefrom.

(4) Not later than 180 days after the date of enactment of this 

Act, the Secretary shall establish procedures for the collection and 

payment of the fees established by paragraph (2) and paragraph (3). 

The Secretary shall annually review the amount of the fees 

established by paragraphs (2) and (3) above to evaluate whether 

collection of the fee will provide sufficient revenues to offset the 

costs as defined in subsection (d) herein. In the event the Secretary 

determines that either insufficient or excess revenues are being 

collected, in order to recover the costs incurred by the Federal 

Government that are specified in subsection (d), the Secretary shall 

propose an adjustment to the fee to insure full cost recovery. The 

Secretary shall immediately transmit this proposal for such an 

adjustment to Congress. The adjusted fee proposed by the Secretary 

shall be effective after a period of 90 days of continuous session have 

elapsed following the receipt of such transmittal unless during such 

90-day period either House of Congress adopts a resolution 

disapproving the Secretary’s proposed adjustment in accordance with 

the procedures set forth for congressional review of an energy action 

under section 551 of the Energy Policy and Conservation Act.

(5) Contracts entered into under this section shall provide that–

(A) following commencement of operation of a repository, the 

Secretary shall take title to the high-level radioactive waste or 

spent nuclear fuel involved as expeditiously as practicable upon 

the request of the generator or owner of such waste or spent fuel; 

and

(B) in return for the payment of fees established by this 

section, the Secretary, beginning not later than January 31, 1998, 

will dispose of the high-level radioactive waste or spent nuclear 

fuel involved as provided in this subtitle.

(6) The Secretary shall establish in writing criteria setting forth 

the terms and conditions under which such disposal services shall be 

made available.

Fees.

Collection and 

payment 

procedures.

Review.

42 USC 6421.

Transmittal to 

Congress.

Disposal 

services, terms 

and conditions.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 477

(b) ADVANCE CONTRACTING REQUIREMENT–

(1) (A) The Commission shall not issue or renew a license to any 

person to use a utilization or production facility under the 

authority of section 103 or 104 of the Atomic Energy Act of 1954 

(42 USC 2133, 2134) unless–

(i) such person has entered into a contract with the 

Secretary under this section; or

(ii) the Secretary affirms in writing that such person is 

actively and in good faith negotiating with the Secretary for a 

contract under this section.

(B) The Commission, as it deems necessary or appropriate, 

may require as a precondition to the issuance or renewal of a 

license under section 103 or 104 of the Atomic Energy Act of 

1954 (42 USC 2133, 2134) that the applicant for such license 

shall have entered into an agreement with the Secretary for the 

disposal of high-level radioactive waste and spent nuclear fuel 

that may result from the use of such license.

(2) Except as provided in paragraph (1), no spent nuclear fuel or 

high-level radioactive waste generated or owned by any person (other 

than a department of the United States referred to in section 101 or 

102 of title 5, United States Code) may be disposed of by the 

Secretary in any repository constructed under this Act unless the 

generator or owner of such spent fuel or waste has entered into a 

contract with the Secretary under this section by not later than–

(A) June 30, 1983; or

(B) the date on which such generator or owner commences 

generation of, or takes title to, such spent fuel or waste; whichever 

occurs later.

(3) The rights and duties of a party to a contract entered into under 

this section may be assignable with transfer of title to the spent 

nuclear fuel or high-level radioactive waste involved.

(4) No high-level radioactive waste or spent nuclear fuel 

generated or owned by any department of the United States referred 

to in section 101 or 102 of title 5, United States Code, may be 

disposed of by the Secretary in any repository constructed under this 

Act unless such department transfers to the Secretary, for deposit in 

the Nuclear Waste Fund, amounts equivalent to the fees that would be 

paid to the Secretary under the contracts referred to in this section if 

such waste or spent fuel were generated by any other person.

(c) ESTABLISHMENT OF NUCLEAR WASTE FUND–There 

hereby is established in the Treasury of the United States a separate fund, 

to be known as the Nuclear Waste Fund. The Waste Fund shall consist 

of–

(1) all receipts, proceeds, and recoveries realized by the Secretary 

under subsections (a), (b), and (e), which shall be deposited in the 

Waste Fund immediately upon their realization;

(2) any appropriations made by the Congress to the Waste Fund; 

and

(3) any unexpended balances available on the date of the 

enactment of this Act for functions or activities necessary or incident 

to the disposal of civilian high-level radioactive waste or civilian 

spent nuclear fuel, which shall automatically be transferred to the 

Waste Fund on such date.

(d) USE OF WASTE FUND–The Secretary may make expenditures 

from the Waste Fund, subject to subsection (e), only for purposes of 

radioactive waste disposal activities under Titles I and II, including–

License 

renewal or 

issuance.

Disposal of 

radioactive 

waste or spent 

nuclear fuel.
478 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(1) the identification, development, licensing, construction, 

operation, decommissioning, and post-decommissioning maintenance 

and monitoring of any repository, monitored retrievable storage 

facility or test evaluation facility constructed under this Act;

(2) the conducting of nongeneric research, development, and 

demonstration activities under this Act;

(3) the administrative cost of the radioactive waste disposal 

program;

(4) any costs that may be incurred by the Secretary in connection 

with the transportation, treating, or packaging of spent nuclear fuel or 

high-level radioactive waste to be disposed of in a repository, to be 

stored in a monitored, retrievable storage site or to be used in a test 

and evaluation facility;

(5) the costs associated with acquisition, design, modification, 

replacement, operation and construction of facilities at a repository 

site, a monitored, retrievable storage site or a test and evaluation 

facility site and necessary or incident to such repository, monitored, 

retrievable storage facility or test and evaluation facility; and

(6) the provision of assistance to States, units of general local 

government, and Indian tribes under section 116, 118 and 219.

No amount may be expended by the Secretary under this subtitle for 

the construction or expansion of any facility unless such construction or 

expansion is expressly authorized by this or subsequent legislation. The 

Secretary hereby is authorized to construct one repository and one test 

and evaluation facility.

(e) ADMINISTRATION OF WASTE FUND–(1) The Secretary of 

the Treasury shall hold the Waste Fund and, after consultation with the 

Secretary, annually report to the Congress on the financial condition and 

operations of the Waste Fund during the preceding fiscal year.

(2) The Secretary shall submit the budget of the Waste Fund to 

the Office of Management and Budget triennially along with the 

budget of the Department of Energy submitted at such time in 

accordance with chapter II of title 31, United States Code. The budget 

of the Waste Fund shall consist of the estimates made by the 

Secretary of expenditures from the Waste Fund and other relevant 

financial matters for the succeeding 3 fiscal years, and shall be 

included in the Budget of the United States Government. The 

Secretary may make expenditures from the Waste Fund, subject to 

appropriations which shall remain available until expended. 

Appropriations shall be subject to triennial authorization.

(3) If the Secretary determines that the Waste Fund contains at 

any time amounts in excess of current needs, the Secretary may 

request the Secretary of the Treasury to invest such amounts, or any 

portion of such amounts as the Secretary determines to be 

appropriate, in obligations of the United States–

(A) having maturities determined by the Secretary of the 

Treasury to be appropriate to the needs of the Waste Fund; and

(B) bearing interest at rates determined to be appropriate by 

the Secretary of the Treasury, taking into consideration the current 

average market yield on outstanding marketable obligations of the 

United States with remaining periods to maturity comparable to 

the maturities of such investments, except that the interest rate on 

such investments shall not exceed the average interest rate 

applicable to existing borrowings.

(4) Receipts, proceeds, and recoveries realized by the Secretary 

under this section, and expenditures of amounts from the Waste Fund, 

Report to 

Congress.

Budget 

submittal.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 479

shall be exempt from annual apportionment under the provisions of 

subchapter II of chapter 15 of title 31, United States Code.

(5) If at any time the moneys available in the Waste Fund are 

insufficient to enable the Secretary to discharge his responsibilities 

under this subtitle, the Secretary shall issue to the Secretary of the 

Treasury obligations in such forms and denominations, bearing such 

maturities, and subject to such terms and conditions as may be agreed 

to by the Secretary and the Secretary of the Treasury. A total of such 

obligations shall not exceed amounts provided in appropriation Acts. 

Redemption of such obligations shall be made by the Secretary from 

moneys available in the Waste Fund. Such obligations shall bear 

interest at a rate determined by the Secretary of the Treasury, which 

shall be not less than a rate determined by taking into consideration 

the average market yield on outstanding marketable obligations of the 

United States of comparable maturities during the month preceding 

the issuance of the obligations under this paragraph. The Secretary of 

the Treasury shall purchase any issued obligations, and for such 

purpose the Secretary of the Treasury is authorized to use as a public 

debt transactions the proceeds from the sale of any securities issued 

under chapter 31 of title 31, United States Code, and the purposes for 

which securities may be issued under such Act are extended to 

include any purchase of such obligations. The Secretary of the 

Treasury may at any time sell any of the obligations acquired by him 

under this paragraph. All redemptions, purchases, and sales by the 

Secretary of the Treasury of obligations under this paragraph shall be 

treated as public debt transactions of the United States.

(6) Any appropriations made available to the Waste Fund for any 

purpose described in subsection (d) shall be repaid into the general 

fund of the Treasury, together with interest from the date of 

availability of the appropriations until the date of repayment. Such 

interest shall be paid on the cumulative amount of appropriations 

available to the Waste Fund, less the average undisbursed cash 

balance in the Waste Fund account during the fiscal year involved.

The rate of such interest shall be determined by the Secretary of 

Treasury taking into consideration the average market yield during 

the month preceding each fiscal year on outstanding marketable 

obligations of the United States of comparable maturity. Interest 

payments may be deferred with the approval of the Secretary of the 

Treasury, but any interest payments so deferred shall themselves bear 

interest.

Sec. 303. Alternative Means of Financing

The Secretary shall undertake a study with respect to alternative 

approaches to managing the construction and operation of all civilian 

radioactive waste management facilities, including the feasibility of 

establishing a private corporation for such purposes. In conducting such 

study, the Secretary shall consult with the Director of the Office of 

Management and Budget, the Chairman of the Commission, and such 

other Federal agency representatives as may be appropriate. Such study

shall be completed, and a report containing the results of such study shall 

be submitted to the Congress, within 1 year after the date of the 

enactment of this Act.

Sec. 304. Office of Civilian Radioactive Waste Management

(a) ESTABLISHMENT–There hereby is established within the 

Department of Energy an Office of Civilian Radioactive Waste 

Management. The Office shall be headed by a Director, who shall be 

appointed by the President, by and with the advice and consent of the 

Interest 

payments.

Deferral.

42 USC 10223.

Study.

Report to 

Congress.

42 USC 10224.
480 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

Senate, and who shall be compensated at the rate payable for level IV of 

the Executive Schedule under section 5315 of title 5, United States Code.

(b) FUNCTIONS OF DIRECTOR–The Director of the Office shall 

be responsible for carrying out the functions of the Secretary under this 

Act, subject to the general supervision of the Secretary. The Director of 

the Office shall be directly responsible to the Secretary.

(c) ANNUAL REPORT TO CONGRESS–The Director of the Office 

shall annually prepare and submit to the Congress a comprehensive 

report on the activities and expenditures of the Office.

(d) AUDIT BY GAO–If requested by either House of the Congress 

(or any committee thereof) or if considered necessary by the Comptroller 

General, the Government Accountability Office shall conduct an audit of 

the Office, in accord with such regulations as the Comptroller General 

may prescribe. The Comptroller General shall have access to such books, 

records, accounts, and other materials of the Office as the Comptroller 

General determines to be necessary for the preparation of such audit. The

Comptroller General shall submit a report on the results of each audit 

conducted under this section.21

Sec. 305. Location of Test and Evaluation Facility

(a) REPORT TO CONGRESS–Not later than 1 year after the date of 

the enactment of this Act, the Secretary shall transmit to the Congress a 

report setting forth whether the Secretary plans to locate the test and 

evaluation facility at the site of a repository.

(b) PROCEDURES–(1) If the test and evaluation facility is to be 

located at any candidate site or repository site (A) site selection and 

development of such facility shall be conducted in accordance with the 

procedures and requirements established in title I with respect to the site 

selection and development of repositories; and (B) the Secretary may not 

commence construction of any surface facility for such tests and 

evaluation facility prior to issuance by the Commission of a construction 

authorization for a repository at the site involved.

(2) No test and evaluation facility may be converted into a 

repository unless site selection and development of such facility was 

conducted in accordance with the procedures and requirements 

established in title I with respect to the site selection and development 

of repositories.

(3) The Secretary may not commence construction of a test and 

evaluation facility at a candidate site or site recommended as the 

location for a repository prior to the date on which the designation of 

such site is effective under section 115.

––––––––

21 Amended by P.L. 97–425, Title III, § 304, 96 Stat. 2661 (1983); P.L. 104–66, Title I, 

Subtitle E, § 1052(1), 109 Stat. 719 (1995); P.L. 108–271, § 8(b), 118 Stat. 814 (2004) renaming the General Accounting Office the Government Accountability Office.

Report to 

Congress.

42 USC 10225.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 481

Sec. 306. Nuclear Regulatory Commission Training Authorization

NUCLEAR REGULATORY COMMISSION TRAINING 

AUTHORIZATION–The Nuclear Regulatory Commission is authorized 

and directed to promulgate regulations, or other appropriate Commission 

regulatory guidance, for the training and qualifications of civilian nuclear 

power plant operators, supervisors, technicians and other appropriate 

operating personnel. Such regulations or guidance shall establish 

simulator training requirements for applicants for civilian nuclear power 

plant operator licenses and for operator requalification programs; 

requirements governing NRC administration of requalification 

examinations; requirements for operating tests at civilian nuclear power 

plant simulators, and instructional requirements for civilian nuclear 

power plant licensee personnel training programs . Such regulations or 

other regulatory guidance shall be promulgated by the Commission 

within the 12-month period following enactment of this Act, and the 

Commission within the 12-month period following enactment of this Act 

shall submit a report to Congress setting forth the actions the 

Commission has taken with respect 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 of the several 

States and the District of Columbia.23

Sec. 402. The Office of the Nuclear Waste Negotiator

(a) ESTABLISHMENT–There is established the Office of the 

Nuclear Waste Negotiator that shall be an independent establishment in 

the executive branch.24

(b) THE NUCLEAR WASTE NEGOTIATOR–

(1) The Office shall be headed by a Nuclear Waste Negotiator 

who shall be appointed by the President, by and with the advice and 

consent of the Senate. The Negotiator shall hold office at the pleasure 

of the President, and shall be compensated at the rate provided for 

level III of the Executive Schedule in section 5314 of title 5, United 

States Code.

(2) The Negotiator shall attempt to find a state or Indian tribe 

willing to host a repository or monitored retrievable storage facility at 

a technically qualified site on reasonable terms and shall negotiate 

with any State or Indian tribe which expresses an interest in hosting a 

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 of the United 

States, with–

(i) the Governor of any State in which a potential site is 

located; and

––––––––

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, § 101(d) 

[Title III], 101 Stat. 1329–104, 1329–121 (1987), and P.L. 100–203, Title V, § 5041, 

101 Stat. 1330–243 (1987); P.L. 102–486, Title VIII, § 802(b), 106 Stat. 923 (1992). 24 Amended by P.L. 100–507, § 1, 102 Stat 2541 (1988).

42 USC 10226.

Regulations or 

guidance.

Report to 

Congress.

42 USC 10241.

42 USC 10242.

President of 

U.S.

42 USC 10243.
482 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(ii) the governing body of any Indian tribe on whose 

reservation a potential site is located; and

(B) attempt to reach a proposed agreement between the United 

States and any such State or Indian tribe specifying the terms and 

conditions under which such State or tribe would agree to host a 

repository of monitored retrievable storage facility within such 

State or reservation.

(2) In any case in which State law authorizes any person or entity 

other than the Governor to negotiate a proposed agreement under this 

section on behalf of the State, any reference in this title to the 

Governor shall be considered to refer instead to such other person or 

entity.

(b) CONSULTATION WITH AFFECTED STATES, 

SUBDIVISIONS OF STATES, AND TRIBES–In addition to entering 

into negotiations under subsection (a), the Negotiator shall consult with 

any State, affected unit of local government, or any Indian tribe that the 

Negotiator determines may be affected by the siting of a repository or 

monitored retrievable storage facility and may include in any proposed 

agreement such terms and conditions relating to the interest of such 

States, affected units of local government, or Indian tribes as the 

Negotiator determines to be reasonable and appropriate.

(c) CONSULTATION WITH OTHER FEDERAL AGENCIES–The 

Negotiator may solicit and consider the comments of the Secretary, the 

Nuclear Regulatory Commission, or any other Federal agency on the 

suitability of any potential site for site characterization. Nothing in this 

subsection shall be construed to require the Secretary, the Nuclear 

Regulatory Commission, or any other Federal agency to make a finding 

that any such site is suitable for site characterization.

(d) PROPOSED AGREEMENT–(1) The Negotiator shall submit to 

the Congress any proposed agreement between the United States and a 

State or Indian tribe negotiated under subsection (a) and an 

environmental assessment prepared under section 404(a) for the site 

concerned.

(2) Any such proposed agreement shall contain such terms and 

conditions (including such financial and institutional arrangements) 

as the Negotiator and the host State or Indian tribe determine to be 

reasonable and appropriate and shall contain such provisions as are 

necessary to preserve any right to participation or compensation of 

such State, affected unit of local government, or Indian tribe under 

sections 116(c), 117, and 118(b).

(3) (A) No proposed agreement entered into under this section 

shall have legal effect unless enacted into Federal law.

(B) A State or Indian tribe shall enter into an agreement under 

this section in accordance with the laws of such State or tribe. 

Nothing in this section may be construed to prohibit the 

disapproval of a proposed agreement between a State and the 

United States under this section by a referendum or an act of the 

legislature of such State.

(4) Notwithstanding any proposed agreement under this section, 

the Secretary may construct a repository or monitored retrievable 

storage facility at a site agreed to under this title only if authorized by 

the Nuclear Regulatory Commission in accordance with the Atomic 

Energy Act of 1954 (42 USC 2012 et seq.), title II of the Energy 

Reorganization Act of 1982 (42 USC 5841 et seq.) and any other law 

applicable to authorization of such construction.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 483

Sec. 404. Environmental Assessment of Sites

(a) IN GENERAL–Upon the request of the Negotiator, the Secretary 

shall prepare an environmental assessment of any site that is the subject 

of negotiations under section 403(a).

(b) CONTENTS–(1) Each environmental assessment prepared for a 

repository site shall include a detailed statement of the probable impacts 

of characterizing such site and the construction and operation of a 

repository at such site.

(2) Each environmental assessment prepared for a monitored 

retrievable storage facility site shall include a detailed statement of 

the probable impacts of construction and operation of such a facility 

at such site.

(c) JUDICIAL REVIEW–The issuance of an environmental 

assessment under subsection (a) shall be considered to be a final agency 

action subject to judicial review in accordance with the provisions of 

chapter 7 of title 5, United States Code, section 119.

(d) PUBLIC HEARINGS–(1) In preparing an environmental 

assessment for any repository or monitored retrievable storage facility 

site, the Secretary shall hold public hearings in the vicinity of such site to 

inform the residents of the area in which such site is located that such site 

is being considered and to receive their comments.

(2) At such hearings, the Secretary shall solicit and receive any 

recommendations of such residents with respect to issues that should 

be addressed in the environmental assessment required under 

subsection (a) and the site characterization plan described in section 

113(b)(1).

(e) PUBLIC AVAILABILITY–Each environmental assessment 

prepared under subsection (a) shall be made available to the public.

(f) EVALUATION OF SITES–(1) In preparing an environmental 

assessment under subsection (a), the Secretary shall use available 

geophysical, geologic, geochemical and hydrologic, and other 

information and shall not conduct any preliminary borings or excavations 

at any site that is the subject of such assessment unless–

(A) such preliminary boring or excavation activities were in 

progress on or before the date of the enactment of the Nuclear 

Waste Policy Amendments Act of 1987; or

(B) the Secretary certifies that, in the absence of preliminary 

borings or excavations, adequate information will not be available 

to satisfy the requirements of this Act or any other law.

(2) No preliminary boring or excavation conducted under this 

section shall exceed a diameter of 40 inches.

Sec. 405. Site Characterization; Licensing

(a) SITE CHARACTERIZATION–Upon enactment of legislation to 

implement an agreement to site a repository negotiated under section 

403(a), the Secretary shall conduct appropriate site characterization 

activities for the site that is the subject of such agreement subject to the 

conditions and terms of such agreement. Any such site characterization 

activities shall be conducted in accordance with section 113, except that 

references in such section to the Yucca Mountain site and the State of 

Nevada shall be deemed to refer to the site that is the subject of the 

agreement and the State of Indian tribe entering into the agreement.

(b) LICENSING–(1) Upon completion of site characterization 

activities carried out under subsection (a), the Secretary shall submit to 

the Nuclear Regulatory Commission an application for construction 

authorization for a repository at such site.

42 USC 10244.

42 USC 10245.
484 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

(2) The Nuclear Regulatory Commission shall consider an 

application for a construction authorization for a repository or 

monitored retrievable storage facility in accordance with the laws 

applicable to such applications, except that the Nuclear Regulatory 

Commission shall issue a final decision approving or disapproving 

the issuance of a construction authorization not later than 3 years after 

the date of the submission of such application.

Sec. 406. Monitored Retrievable Storage

(a) CONSTRUCTION AND OPERATION–Upon enactment of 

legislation to implement an agreement negotiated under section 403(a) to 

site a monitored retrievable storage facility, the Secretary shall construct 

and operate such facility as part of an integrated nuclear waste 

management system in accordance with the terms and conditions of such 

agreement.

(b) FINANCIAL ASSISTANCE–The Secretary may make grants to 

any State, Indian tribe, or affected unit of local government to assess the 

feasibility of siting a monitored retrievable storage facility under this 

section at a site under the jurisdiction of such State, tribe, or affected unit 

of local government.

Sec. 407. Environmental Impact Statement

(a) IN GENERAL–Issuance of a construction authorization for a 

repository or monitored retrievable storage facility under section 405(b) 

shall be considered a major Federal action significantly affecting the 

quality of the human environment for purposes of the National 

Environmental Policy Act of 1969 (42 USC 4321 et seq.)

(b) PREPARATION–A final environmental impact statement shall be 

prepared by the Secretary under such Act and shall accompany any 

application to the Nuclear Regulatory Commission for a construction 

authorization.

(c) ADOPTION–(1) Any such environmental impact statement shall, 

to the extent practicable, be adopted by the Nuclear Regulatory 

Commission, in accordance with section 1506.3 of title 40, Code of 

Federal Regulations, in connection with the issuance by the Nuclear 

Regulatory Commission of a construction authorization and license for 

such repository or monitored retrievable storage facility.

(2) (A) In any such statement prepared with respect to a repository 

to be constructed under this title at the Yucca Mountain site, the 

Nuclear Regulatory Commission need not consider the need for a 

repository, the time of initial availability of a repository, alternate 

sites to the Yucca Mountain site, or nongeologic alternatives to such 

site.

(B) In any such statement prepared with respect to a repository 

to be constructed under this title at a site other than the Yucca 

Mountain site, the Nuclear Regulatory Commission need not 

consider the need for a repository, the time of initial availability 

of a repository, or nongeologic alternatives to such site but shall 

consider the Yucca Mountain site as alternative to such site in the 

preparation of such statement.

Sec. 408. Administrative Powers of the Negotiator

In carrying out his functions under this title, the Negotiator may–

(1) appoint such officers and employees as he determines to be 

necessary and prescribe their duties;

(2) obtain services as authorized by section 3109 of title 5, United 

States Code, at rates not to exceed the rate prescribed for grade GS-18 

of the General Schedule by section 5332 of title 5, United States 

Code;

42 USC 10246.

Grants.

42 USC 10247.

42 USC 10248.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 485

(3) promulgate such rules and regulations as may be necessary to 

carry out such functions;

(4) utilize the services, personnel, and facilities of other Federal 

agencies (subject to the consent of the head of any such agency);

(5) for purposes of performing administrative functions under this

title, and to the extent funds are appropriated, enter into and perform 

such contracts, leases, cooperative agreements, or other transactions 

as may be necessary and on such terms as the Negotiator determines 

to be appropriate, with any agency or instrumentality of the United 

States, or with any public or private person or entity;

(6) accept voluntary and uncompensated services, notwithstanding 

the provisions of section 1342 of title 31, United States Code;

(7) adopt an official seal, which shall be judicially noticed;

(8) use the United States mails in the same manner and under the 

same conditions as other departments and agencies of the United 

States;

(9) hold such hearings as are necessary to determine the views of 

interested parties and the general public; and

(10) appoint advisory committees under the Federal Advisory 

Committee Act (5 USC App.)

Sec. 409. Cooperation of Other Departments and Agencies

Each department, agency, and instrumentality of the United States, 

including any independent agency, may furnish the Negotiator such 

information as he determines to be necessary to carry out his functions 

under this title.

Sec. 410. Termination of the Office

The Office shall cease to exist not later than 30 days after the date 7 

years after the date of the enactment of the Nuclear Waste Policy 

Amendments Act of 1987.25

Sec. 411. Authorization of Appropriations

Notwithstanding subsection (d) of section 302, and subject to 

subsection (e) of such section, there are authorized to be appropriated for 

expenditures from amounts in the Waste Fund established in subsection 

(c) of such section, such sums as may be necessary to carry out the 

provisions of this title.

Title V–Nuclear Waste Technical Review Board26

Sec. 501. Definitions

As used in this title:

(1) The term "Chairman" means the Chairman of the Nuclear 

Waste Technical Review Board.

(2) The term "Board" means the Nuclear Waste Technical Review 

Board established under section 502.

Sec. 502. Nuclear Waste Technical Review Board

(a) ESTABLISHMENT–There is established a Nuclear Waste 

Technical Review Board that shall be an independent establishment 

within the executive branch.

(b) MEMBERS–(1) The Board shall consist of 11 members who shall 

be appointed by the President not later than 90 days after the date of the 

enactment of the Nuclear Waste Policy Amendments Act of 1987 from 

––––––––

25 Amended by P.L. 102–486, 106 Stat. 2923 (1992). 26 Added by P.L. 100–203, § 5051, 101 Stat. 1330–248 (1987).

Contracts.

42 USC 10249.

42 USC 10250.

42 USC 10251.

2 USC 10261.

2 USC 10262.

President of 

U.S.
486 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

among persons nominated by the National Academy of Sciences in 

accordance with paragraph (3).

(2) The President shall designate a member of the Board to serve 

as chairman.

(3) (A) The National Academy of Sciences shall, not later than 90 

days after the date of the enactment of the Nuclear Waste Policy 

Amendments Act of 1987, nominate not less than 22 persons for 

appointment to the Board from among persons who meet the 

qualifications described in subparagraph (C).

(B) The National Academy of Sciences shall nominate not less 

than 2 persons to fill any vacancy on the Board from among 

persons who meet the qualifications described in subparagraph 

(C).

(C) (i) Each person nominated for appointment to the Board 

shall be–

(I) eminent in a field of science or engineering, 

including environmental sciences; and

(II) selected solely on the basis of established records 

of distinguished service.

(ii) The membership of the Board shall be representative of 

the broad range of scientific and engineering disciplines 

related to activities under this title.

(iii) No person shall be nominated for appointment to the 

Board who is an employee of–

(I) the Department of Energy;

(II) a national laboratory under contract with the 

Department of Energy; or

(III) an entity performing high-level radioactive waste 

or spent nuclear fuel activities under contract with the 

Department of Energy.

(4) Any vacancy on the Board shall be filled by the nomination 

and appointment process described in paragraphs (1) and (3).

(5) Members of the Board shall be appointed for terms of 4 years, 

each such term to commence 120 days after the date of enactment of 

the Nuclear Waste Policy Amendments Act of 1987, except that of 

the 11 members first appointed to the Board, 5 shall serve for 2 years 

and 6 shall serve for 4 years, to be designated by the President at the 

time of appointment.

Sec. 503. Functions

The Board shall evaluate the technical and scientific validity of 

activities undertaken by the Secretary after the date of the enactment of 

the Nuclear Waste Policy Amendments Act of 1987, including–

(1) site characterization activities; and

(2) activities relating to the packaging or transportation of highlevel radioactive waste or spent nuclear fuel.

Sec. 504. Investigatory Powers

(a) HEARINGS–Upon request of the Chairman or a majority of the 

members of the Board, the Board may hold such hearings, sit and act at 

such times and places, take such testimony, and receive such evidence, as 

the Board considers appropriate. Any member of the Board may 

administer oaths or affirmations to witnesses appearing before the Board.

(b) PRODUCTION OF DOCUMENTS–(1) Upon the request of the 

Chairman or a majority of the members of the Board, and subject to 

existing law, the Secretary (or any contractor of the Secretary) shall 

provide the Board with such records, files, papers, data, or information as 

may be necessary to respond to any inquiry of the Board under this title.

President of 

U.S.

42 USC 10263.

42 USC 10264.
Nuclear Waste Policy Act of 1982 (P.L. 97–425) 487

(2) Subject to existing law, information obtainable under 

paragraph (1) shall not be limited to final work products of the 

Secretary, but shall include drafts of such products and 

documentation of work in progress.

Sec. 505. Compensation of Members

(a) IN GENERAL–Each member of the Board shall be paid at the 

rate of pay payable for level III of the Executive Schedule for each day 

(including travel time) such member is engaged in the work of the Board.

(b) TRAVEL EXPENSES–Each member of the Board may receive 

travel expenses, including per diem in lieu of subsistence, in the same 

manner as is permitted under sections 5702 and 5703 of title 5, United 

States Code.

Sec. 506. Staff

(a) CLERICAL STAFF–(1) Subject to paragraph (2), the Chairman 

may appoint and fix the compensation of such clerical staff as may be 

necessary to discharge the responsibilities of the Board.

(2) Clerical staff shall be appointed subject to the provisions of 

title 5, United States Code, governing appointments in the 

competitive service, and shall be paid in accordance with the 

provisions of chapter 51 and subchapter III of chapter 53 of such title 

relating to classification and General Schedule pay rates.

(b) PROFESSIONAL STAFF.–(1) Subject to paragraphs (2) and (3), 

the Chairman may appoint and fix the compensation of such professional 

staff as may be necessary to discharge the responsibilities of the Board.

(2) Not more than 10 professional staff members may be 

appointed under this subsection.

(3) Professional staff members may be appointed without regard 

to the provisions of title 5, United States Code, governing 

appointments in the competitive service, and may be paid without 

regard to the provisions of chapter 51 and subchapter III of chapter 53 

of such title relating to classification and General Schedule pay rates, 

except that no individual so appointed may receive pay in excess of 

the annual rate of basic pay payable of GS-18 of the General 

Schedule.

Sec. 507. Support Services

(a) GENERAL SERVICES–To the extent permitted by law and 

requested by the Chairman, the Administrator of General Services shall 

provide the Board with necessary administrative services facilities, and 

support on a reimbursable basis.

(b) ACCOUNTING, RESEARCH, AND TECHNOLOGY 

ASSESSMENT SERVICES–The Comptroller General, the Librarian of 

Congress, and the Director of the Office of Technology Assessment 

shall, to the extent permitted by law and subject to the availability of 

funds, provide the Board with such facilities, support, funds and services, 

including staff, as may be necessary for the effective performance of the 

functions of the Board.

(c) ADDITIONAL SUPPORT–Upon the request of the Chairman, the 

Board may secure directly from the head of any department or agency of 

the United States information necessary to enable it to carry out this title.

(d) MAILS–The Board may use the United States mails in the same 

manner and under the same conditions as other departments and agencies 

of the United States.

(e) EXPERTS AND CONSULTANTS–Subject to such rules as may 

be prescribed by the Board, the Chairman may procure temporary and 

intermittent services under section 3109(b) of title 5 of the United States 

Code, but at rates for individuals not to exceed the daily equivalent of the 

42 USC 10265.

42 USC 10266.

42 USC 10267.
488 Nuclear Waste Policy Act of 1982 (P.L. 97–425)

maximum annual rate of basic pay payable for GS-18 of the General 

Schedule.

Sec. 508. Report

The Board shall report not less than 2 times per year to Congress and 

the Secretary its findings, conclusions, and recommendations. The first 

such report shall be submitted not later than 12 months after the date of 

the enactment of the Nuclear Waste Policy Amendments Act of 1987.

Sec. 509. Authorization of Appropriations

Notwithstanding subsection (d) of section 302, and subject to 

subsection (e) of such section, there are authorized to be appropriated for 

expenditures from amounts in the Waste Fund established in subsection 

(c) of such section such sums as may be necessary to carry out the 

provisions of this title.

Sec. 510. Termination of the Board

The Board shall cease to exist not later than 1 year after the date on 

which the Secretary begins disposal of high-level radioactive waste or 

spent nuclear fuel in a repository.

42 USC 10268.

42 USC 10269.

42 USC 10270.
Environmental Protection Standards Provisions (P.L. 102–486) 489

B. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT 

OF 1992—(ENVIRONMENTAL PROTECTION STANDARDS)

Title VIII–High-Level Radioactive Waste1

Sec. 801. Nuclear Waste Disposal

(a) ENVIRONMENTAL PROTECTION AGENCY STANDARDS–

(1) PROMULGATION–Notwithstanding the provisions of section 

121(a) of the Nuclear Waste Policy Act of 1982 (42 USC 10141(a)), 

section 161b. of the Atomic Energy Act of 1954 (42 USC 2201(b)), 

and any other authority of the Administrator of the Environmental 

Protection Agency to set generally applicable standards for the Yucca 

Mountain site, the Administrator shall, based upon and consistent 

with the findings and recommendations of the National Academy of 

Sciences, promulgate, by rule, public health and safety standards for 

protection of the public from releases from radioactive materials 

stored or disposed of in the repository at the Yucca Mountain site. 

Such standards shall prescribe the maximum annual effective dose 

equivalent to individual members of the public from releases to the 

accessible environment from radioactive materials stored or disposed 

of in the repository. The standards shall be promulgated not later than 

one year after the Administrator receives the findings and 

recommendations of the National Academy of Sciences under 

paragraph (2) and shall be the only such standards applicable to the 

Yucca Mountain site.

(2) STUDY BY NATIONAL ACADEMY OF SCIENCES–

Within 90 days after the date of the enactment of this Act, the 

Administrator shall contract with the National Academy of Sciences 

to conduct a study to provide, by not later than December 31, 1993, 

findings and recommendations on reasonable standards for protection 

of the public health and safety, including –

(A) whether a health-based standard based upon doses to 

individual members of the public from releases to the accessible 

environment (as that term is defined in the regulations contained 

in subpart B of Part 191 of title 40, Code of Federal Regulations, 

as in effect on November 18, 1985) will provide a reasonable 

standard for protection of the health and safety of the general 

public.

(B) whether it is reasonable to assume that a system for postclosure oversight of the repository can be developed, based upon 

active institutional controls, that will prevent an unreasonable risk 

of breaching the repository's engineered or geologic barriers ’r 

increasing the exposure of individual members of the public to 

radiation beyond allowable limits; and

(C) whether it is possible to make scientifically supportable 

predictions of the probability that the repository's engineered or 

geologic barriers will be breached as a result of human intrusion 

over a period of 10,000 years.

(3) APPLICABILITY–The provisions of this section shall apply 

to the Yucca Mountain site, rather than any other authority of the 

––––––––

1 This Act consists of P.L. 102–486, 106 Stat. 2921 (1992), and generally appears in 

Title 42, United States Code.

42 USC 10141 

note.
490 Environmental Protection Standards Provisions (P.L. 102–486)

Administrator to set generally applicable standards for radiation 

protection.

(b) NUCLEAR REGULATORY COMMISSION REQUIREMENTS 

AND CRITERIA.–

(1) MODIFICATIONS–Not later than 1 year after the 

Administrator promulgates standards under subsection (a0, the 

Nuclear Regulatory Commission shall, by rule, modify its technical 

requirements and criteria under section 121(b) of the nuclear Waste 

Policy Act of 1982 942 USC 10141(b)), as necessary, to be consistent 

with the Administrator's standards promulgated under subsection (a).

(2) REQUIRED ASSUMPTIONS–The Commission's 

requirements and criteria shall assume, to the extent consistent with 

the findings and recommendations of the National Academy of 

Sciences, that, following repository closure, the inclusion of 

engineered barriers and the Secretary's post-closure, oversight of the 

Yucca Mountain site, in accordance with the subsection (c), shall be 

sufficient to–

(A) prevent any activity at the site that poses an unreasonable 

risk of breaching the repository's engineered or geologic barriers; 

and

(B) prevent any increase in the exposure of individual 

members of the public to radiation beyond allowable limits.

(c) POST-CLOSURE OVERSIGHT–Following repository closure, 

the Secretary of Energy shall continue to oversee the Yucca Mountain 

site to prevent any activity at the site that poses an unreasonable risk of–

(1) breaching the repository's engineered or geologic barriers; or

(2) increasing the exposure of individual members of the public to 

radiation beyond allowable limits.

Sec. 803. Nuclear Waste Management Plan

(a) PREPARATION AND SUBMISSION OF REPORT–The 

Secretary of Energy, in consultation with the Nuclear Regulatory 

Commission and the Environmental Protection Agency, shall prepare and 

submit to the Congress a report on whether current programs and plans 

for management of nuclear waste as mandated by the Nuclear Waste 

Policy Act of 1982 (42 USC 10101 et seq.) are adequate for management 

of any additional volumes or categories of nuclear waste that might be 

generated by any new nuclear power plants that might be constructed and 

licensed after the date of the enactment of this Act. The Secretary shall 

prepare the report for submission to the President and the Congress 

within 1 year after the date of the enactment of this Act. The report shall 

examine any new relevant issues related to management of spent nuclear 

fuel and high-level radioactive waste that might be raised by the addition 

of new nuclear-generated electric capacity, including anticipated 

increased volumes of spent nuclear fuel or high-level radioactive waste, 

any need for additional interim storage capacity prior to final disposal, 

transportation of additional volumes of waste, and any need for 

additional repositories for deep geologic disposal.

(b) OPPORTUNITY FOR PUBLIC COMMENT–In preparation of 

the report required under subsection (a), the Secretary of Energy shall 

offer members of the public an opportunity to provide information and 

comment and shall solicit the views of the Nuclear Regulatory 

Commission, the Environmental Protection Agency, and other interested 

parties.

42 USC 10101 

note.
Environmental Protection Standards Provisions (P.L. 102–486) 491

(c) AUTHORIZATION OF APPROPRIATIONS–There are 

authorized to be appropriated such sums as may be necessary to carry out 

this section.
492 Waste Incidental To Reprocessing Provisions (P.L. 108–375)

C. PERTINENT PROVISIONS OF THE RONALD W. REAGAN 

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL 

YEAR 2005—(WASTE INCIDENTAL TO REPROCESSING)

Sec. 3116. Defense Site Acceleration Completion1

(a) IN GENERAL.–Notwithstanding the provisions of the Nuclear 

Waste Policy Act of 1982, the requirements of section 202 of the Energy 

Reorganization Act of 1974, and other laws that define classes of 

radioactive waste, with respect to material stored at a Department of 

Energy site at which activities are regulated by a covered State pursuant 

to approved closure plans or permits issued by the State, the term "highlevel radioactive waste" does not include radioactive waste resulting 

from the reprocessing of spent nuclear fuel that the Secretary of Energy 

(in this section referred to as the "Secretary"), in consultation with the 

Nuclear Regulatory Commission (in this section referred to as the 

"Commission"), determines–

(1) does not require permanent isolation in a deep geologic 

repository for spent fuel or high-level radioactive waste;

(2) has had highly radioactive radionuclides removed to the 

maximum extent practical; and 

(3)(A) does not exceed concentration limits for Class C low- level 

waste as set out in section 61.55 of title 10, Code of Federal 

Regulations, and will be disposed of–

(i) in compliance with the performance objectives set out in 

subpart C of part 61 of title 10, Code of Federal Regulations; and

(ii) pursuant to a State-approved closure plan or State-issued 

permit, authority for the approval or issuance of which is 

conferred on the State outside of this section; or

(B) exceeds concentration limits for Class C low-level waste 

as set out in section 61.55 of title 10, Code of Federal Regulations, 

but will be disposed of–

(i) in compliance with the performance objectives set out in 

subpart C of part 61 of title 10, Code of Federal Regulations;

(ii) pursuant to a State-approved closure plan or State-issued 

permit, authority for the approval or issuance of which is 

conferred on the State outside of this section; and

(iii) pursuant to plans developed by the Secretary in 

consultation with the Commission.

(b) MONITORING BY NUCLEAR REGULATORY 

COMMISSION.–

(1) The Commission shall, in coordination with the covered State, 

monitor disposal actions taken by the Department of Energy pursuant 

to subparagraphs (A) and (B) of subsection (a)(3) for the purpose of 

assessing compliance with the performance objectives set out in 

subpart C of part 61 of title 10, Code of Federal Regulations.

(2) If the Commission considers any disposal actions taken by the 

Department of Energy pursuant to those subparagraphs to be not in 

compliance with those performance objectives, the Commission shall, 

as soon as practicable after discovery of the noncompliant conditions, 

inform the Department of Energy, the covered State, and the 

following congressional committees:

––––––––

1 See slip law at P.L. 108–375, Division C, Title XXXI, § 3116, 118 Stat. 2162 (2004).

50 USC 2601

note.
Waste Incidental To Reprocessing Provisions (P.L. 108–375) 493

(A) The Committee on Armed Services, the Committee on 

Energy and Commerce, and the Committee on Appropriations of 

the House of Representatives.

(B) The Committee on Armed Services, the Committee on 

Energy and Natural Resources, the Committee on Environment 

and Public Works, and the Committee on Appropriations of the 

Senate.

(3) For fiscal year 2005, the Secretary shall, from amounts 

available for defense site acceleration completion, reimburse the 

Commission for all expenses, including salaries, that the Commission 

incurs as a result of performance under subsection (a) and this 

subsection for fiscal year 2005. The Department of Energy and the 

Commission may enter into an interagency agreement that specifies 

the method of reimbursement. Amounts received by the Commission 

for performance under subsection (a) and this subsection may be 

retained and used for salaries and expenses associated with those 

activities, notwithstanding section 3302 of title 31, United States 

Code, and shall remain available until expended.

(4) For fiscal years after 2005, the Commission shall include in 

the budget justification materials submitted to Congress in support of 

the Commission budget for that fiscal year (as submitted with the 

budget of the President under section 1105(a) of title 31, United 

States Code) the amounts required, not offset by revenues, for 

performance under subsection (a) and this subsection.

(c) INAPPLICABILITY TO CERTAIN MATERIALS.– Subsection 

(a) shall not apply to any material otherwise covered by that subsection 

that is transported from the covered State.

(d) COVERED STATES.–For purposes of this section, the following 

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 modify the full 

implementation of any Federal Facility Agreement and Consent 

Order or other applicable consent decree for a Department of Energy 

site.

(2) Nothing in this section establishes any precedent or is binding 

on the State of Washington, the State of Oregon, or any other State 

not covered by subsection (d) for the management, storage, treatment, 

and disposition of radioactive and hazardous materials.

(3) Nothing in this section amends the definition of "transuranic 

waste" or regulations for repository disposal of transuranic waste 

pursuant to the Waste Isolation Pilot Plant Land Withdrawal Act or 

part 191 of title 40, Code of Federal Regulations.

(4) Nothing in this section shall be construed to affect in any way 

the obligations of the Department of Energy to comply with section 

4306A of the Atomic Energy Defense Act (50 U.S.C. 2567).

(5) Nothing in this section amends the West Valley 

Demonstration Act (42 U.S.C. 2121a note).

(f) JUDICIAL REVIEW.–Judicial review shall be available in 

accordance with chapter 7 of title 5, United States Code, for the 

following:

(1) Any determination made by the Secretary or any other agency 

action taken by the Secretary pursuant to this section.

(2) Any failure of the Commission to carry out its responsibilities 

under subsection (b).
494 Greater-Than-Class C Waste Provisions (P.L. 109–58)

D. PERTINENT PROVISIONS OF THE ENERGY POLICY 

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

Sec. 631. Safe Disposal of Greater-Than-Class C Radioactive Waste1

(a) RESPONSIBILITY FOR ACTIVITIES TO PROVIDE 

STORAGE

FACILITY.–The Secretary shall provide to Congress official notification 

of the final designation of an entity within the Department to have the 

responsibility of completing activities needed to provide a facility for 

safely disposing of all greater-than-Class C low-level radioactive waste.

(b) REPORTS AND PLANS.–

(1) REPORT ON PERMANENT DISPOSAL FACILITY.–

(A) PLAN REGARDING COST AND SCHEDULE FOR 

COMPLETION OF EIS AND ROD.–Not later than 1 year 

after the date of enactment of this Act, the Secretary, in 

consultation with Congress, shall submit to Congress a report 

containing an estimate of the cost and a proposed schedule to 

complete an environmental impact statement and record of 

decision for a permanent disposal facility for greater-thanClass C radioactive waste.

(B) ANALYSIS OF ALTERNATIVES.–Before the 

Secretary makes a final decision on the disposal alternative or 

alternatives to be implemented, the Secretary shall–

(i) submit to Congress a report that describes all 

alternatives under consideration, including all information 

required in the comprehensive report making 

recommendations for ensuring the safe disposal of all 

greater-than-Class C low-level radioactive waste that was 

submitted by the Secretary to Congress in February 1987; 

and

(ii) await action by Congress.

(2) SHORT-TERM PLAN FOR RECOVERY AND STORAGE.–

(A) IN GENERAL.–Not later than 180 days after the date 

of enactment of this Act, the Secretary shall submit to 

Congress a plan to ensure the continued recovery and storage 

of greater-than-Class C low-level radioactive sealed sources 

that pose a security threat until a permanent disposal facility is 

available.

(B) CONTENTS.–The plan shall address estimated cost, 

resource, and facility needs.

––––––––

1 Added by P.L. 109–58, 119 Stat. 788 (2005).

Notification.

Deadline.
Uranium Mill Tailings 495

7. Uranium Mill Tailings

Uranium Mill Tailings 497

7. Uranium Mill Tailings

Contents

A. URANIUM MILL TAILINGS RADIATION CONTROL ACT OF 

1978, AS AMENDED................................................................................ 499

Sec. 1. Short Title and Table of Contents................................................ 499

Sec. 2. Findings and Purposes.................................................................. 499

Title I–Remedial Action Program........................................................................ 499

Sec. 101. Definitions .................................................................................. 499

Sec. 102. Designation of Processing Sites ................................................ 500

Sec. 103. State Cooperative Agreements ................................................. 502

Sec. 104. Acquisition and Disposition of Lands and Materials.............. 503

Sec. 105. Indian Tribe Cooperative Agreements.................................... 506

Sec. 106. Acquisition of Lands by Secretary ........................................... 507

Sec. 107. Financial Assistance .................................................................. 507

Sec. 108. Remedial Action......................................................................... 508

Sec. 109. Rules ........................................................................................... 509

Sec. 110. Enforcement............................................................................... 509

Sec. 111. Public Participation................................................................... 509

Sec. 112. Termination: Authorization ..................................................... 510

Sec. 113. Limitation................................................................................... 510

Sec. 114. Reports to Congress................................................................... 510

Sec. 115. Active Operations: Liability for Remedial Action.................. 511

Title II–Uranium Mill Tailings Licensing and Regulation ................................ 512

Sec. 201. Definition.................................................................................... 512

Sec. 202. Custody of Disposal Site............................................................ 512

Sec. 203. Authority to Establish Certain Requirements ........................ 514

Sec. 204. Cooperation with States............................................................ 515

Sec. 205. Authorities of Commission Respecting Certain Byproduct 

Material...................................................................................................... 518

Sec. 206. Authority of Environmental Protection Agency Respecting 

Certain Byproduct Material..................................................................... 519

Sec. 207. Authorization of Appropriation for Grants............................ 520

Sec. 208. Effective Date............................................................................. 520

Sec. 209. Consolidation of Licenses and Procedures.............................. 521

Title III–Study and Designation of Two Mill Tailings Sites in New Mexico .... 521

Sec. 301. Study........................................................................................... 521

Sec. 302. Designation by Secretary .......................................................... 521

B. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT 

OF 1992—(REMEDIAL ACTION AND URANIUM 

REVITALIZATION)................................................................................ 523

Title X–Remedial Action and Uranium Revitalization...................................... 523

Subtitle A–Remedial Action at Active Processing Sites..................................... 523

Sec. 1001. Remedial Action Program ...................................................... 523

Sec. 1002. Regulations............................................................................... 524

Sec. 1003. Authorization of Appropriations............................................ 525

Sec. 1004. Definitions ................................................................................ 525

Subtitle B–Uranium Revitalization...................................................................... 525

Sec. 1011. Overfeed Program................................................................... 525
498 Uranium Mill Tailings

Sec. 1012. National Strategic Uranium Reserve ..................................... 526

Sec. 1013. Sale of Remaining DOE Inventories...................................... 526

Sec. 1014. Responsibility for the Industry............................................... 526

Sec. 1015. Annual Uranium Purchase Reports....................................... 526

Sec. 1016. Uranium Inventory Study....................................................... 527

Sec. 1017. Regulatory Treatment of Uranium Purchases...................... 527

Sec. 1018. Definitions ................................................................................ 527

C. NATIONAL DEFENSE AUTHORIZATION FISCAL YEAR 

2001—(PROVISIONS PERTAINING TO REMEDIAL ACTION 

AT MOAB SITE)...................................................................................... 529

Title XXXIV–Naval Petroleum Reserves............................................................ 529

Sec. 3403. Disposal of Oil Shale Reserve Numbered 2 ........................... 529
Uranium Mill Tailings Radiation Control Act (P.L. 95–604) 499

A. URANIUM MILL TAILINGS RADIATION CONTROL

ACT OF 1978, AS AMENDED

Public Law 95–604 92 Stat. 3021

November 8, 1978

An Act

Sec. 1. Short Title and Table of Contents

This Act may be cited as the "Uranium Mill Tailings Radiation 

Control Act of 1978." (TOC not duplicated here.)

Sec. 2. Findings and Purposes

(a) The Congress finds that uranium mill tailings located at active and 

inactive mill operations may pose a potential and significant radiation 

health hazard to the public, and that the protection of the public health, 

safety, and welfare and the regulation of interstate commerce require that 

every reasonable effort be made to provide for the stabilization, disposal, 

and control in a safe and environmentally sound manner of such tailings 

in order to prevent or minimize radon diffusion into the environment and 

to prevent or minimize other environmental hazards from such tailings.

(b) The purposes of this Act are to provide–

(1) in cooperation with the interested States, Indian tribes, and the 

persons who own or control inactive mill tailings sites, a program of 

assessment and remedial action at such sites, including, where 

appropriate, the reprocessing of tailings to extract residual uranium 

and other mineral values where practicable, in order to stabilize and 

control such tailings in a safe and environmentally sound manner and 

to minimize or eliminate radiation health hazards to the public, and

(2) a program to regulate mill tailings during uranium or thorium 

ore processing at active mill operations and after termination of such 

operations in order to stabilize and control such tailings in a safe and 

environmentally sound manner and to minimize or eliminate radiation 

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 Energy.

(2) The term "Commission" means the Nuclear Regulatory 

Commission.

(3) The term "Administrator" means the Administrator of the 

Environmental Protection Agency.

(4) The term "Indian tribe" means any tribe, band, clan, group, 

pueblo, or community of Indians recognized as eligible for services 

provided by the Secretary of the Interior to Indians.

(5) The term "person" means any individual association, 

partnership, corporation, firm, joint venture, trust, government entity, 

and any other entity, except that such term does not include any 

Indian or Indian tribe.

(6) The term "processing site" means–

(A) any site, including the mill, containing residual radioactive 

materials at which all or substantially all of the uranium was 

42 USC 7901.

42 USC 7911.
500 Uranium Mill Tailings Radiation Control Act (P.L. 95–604)

produced for sale to any Federal agency prior to January 1, 1971 

under a contract with any Federal agency, except in the case of a 

site at or near Slick Rock, Colorado, unless–

(i) such site was owned or controlled as of January 1, 

1978, or is thereafter owned or controlled by any Federal 

agency, or

(ii) a license (issued by the Commission or its predecessor 

agency under the Atomic Energy Act of 1954 or by a State as 

permitted under section 274 of such Act) for the production at 

such site of any uranium or thorium product derived from ores 

is in effect on January 1, 1978, or is issued or renewed after 

such date; and

(B) any other real property or improvement thereon which–

(i) is in the vicinity of such site, and

(ii) is determined by the Secretary, in consultation with the 

Commission, to be contaminated with residual radioactive 

materials derived from such site.

Any ownership or control of an area by a Federal agency which is 

acquired pursuant to a cooperative agreement under this title shall not be 

treated as ownership or control by such agency for purposes of 

subparagraph (A)(i). A license for the production of any uranium product 

from residual radioactive materials shall not be treated as a license for 

production from ores within the meaning of subparagraph (A)(ii) if such 

production is in accordance with section 108(b).

(7) The term "residual radioactive material" means–

(A) waste (which the Secretary determines to be radioactive) 

in the form of tailings resulting from the processing of ores for the 

extraction of uranium and other valuable constituents of the ores; 

and

(B) other waste (which the Secretary determines to be 

radioactive) at a processing site which relate to such processing, 

including any residual stock of unprocessed ores or low-grade 

materials.

(8) The term "tailings" means the remaining portion of a metalbearing ore after some or all of such metal, such as uranium, has been 

extracted.

(9) The term "Federal agency" includes any executive agency as 

defined in section 105 of title 5 of the United States Code.

(10) The term "United States" means the 48 contiguous States and 

Alaska, Hawaii, Puerto Rico, the District of Columbia, and the 

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 after 

enactment of this Act, the Secretary shall designate processing sites at or 

near the 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

42 USC 2011 

note.

42 USC 2021.

42 USC 7912.
Uranium Mill Tailings Radiation Control Act (P.L. 95–604) 501

Riverton, Wyoming

Converse County, Wyoming

Lakeview, Oregon

Falls City, Texas

Tuba City, Arizona

Monument Valley, Arizona

Lowman, Idaho

Canonsburg, Pennsylvania

Subject to the provisions of this title, the Secretary shall complete 

remedial action at the above listed sites before his authority terminates 

under this title. The Secretary shall within one year of the date of 

enactment of this Act also designate all other processing sites within the 

United States which he determines requires remedial action to carry out 

the purposes of this title. In making such designation, the Secretary shall 

consult with the Administrator, the Commission, and the affected States, 

and in the case of Indian lands, the appropriate Indian tribe and the 

Secretary of the Interior.

(2) As part of his designation under this subsection, the Secretary, 

in consultation with the Commission, shall determine the boundaries 

of each such site.

(3) No site or structure with respect to which remedial action is 

authorized under Public Law 92-314 in Grand Junction, Colorado, 

may be designated by the Secretary as a processing site under this 

section.

(b) Within one year from the date of the enactment of this Act, the 

Secretary shall assess the potential health hazard to the public from the 

residual radioactive materials at designated processing sites. Based upon 

such assessment, the secretary shall, within such one year period, 

establish priorities for carrying out remedial action at each such site. In 

establishing such priorities, the Secretary shall rely primarily on the 

advice of the Administrator.

(c) Within thirty days after making designations of processing sites 

and establishing the priorities for such sites under this section, the 

Secretary shall notify the Governor of each affected State, and where 

appropriate, the Indian tribes and the Secretary of the Interior.

(d) The designations made, and priorities established, by the 

Secretary under this section shall be final and not be subject to judicial 

review.

(e)(1) The designation of processing sites within one year after 

enactment under this section shall include, to the maximum extent 

practicable, the areas referred to in section 101(6)(B).

(2) Notwithstanding the one year limitation contained in this 

section, the Secretary may, after such one year period, include any 

areas described in section 101(6)(B) as part of a processing site 

designated under this section if he determines such inclusion to be 

appropriate to carry out the purposes of this title.

(3)1 The Secretary shall designate as a processing site within the 

meaning of section 101(6) any real property, or improvements 

thereon, in Edgemont, South Dakota, that–

(A) is in the vicinity of the Tennessee Valley Authority

uranium mill site at Edgemont (but not including such site), and

––––––––

1 Added by P.L. 97–415, 96 Stat. 2079 (1983).

Remedial 

action.

Health hazard 

assessment.

Notification.

42 USC 7911.
502 Uranium Mill Tailings Radiation Control Act (P.L. 95–604)

(B) is determined by the Secretary to be contaminated with 

residual radioactive materials.

(f)(1) DESIGNATION. Notwithstanding any other provision of law, 

the Moab uranium milling site (referred to in this subsection as the 

"Moab site") located approximately three miles northwest of Moab, Utah, 

and identified in the Final Environmental Impact Statement issued by the 

Nuclear Regulatory Commission in March 1996 in conjunction with 

Source Materials License No. SUA-917, is designated as a processing 

site.

(2) APPLICABILITY. This title applies to the Moab site in the 

same manner and to the same extent as to other processing sites 

designated under subsection (a), except that–

(A) sections 103, 104(b), 107(a), 112(a), and 115(a) of this 

title shall not apply; and

(B) a reference in this title to the date of the enactment of this 

Act shall be treated as a reference to the date of the enactment of 

this subsection [enacted October 30, 2000].

(3) REMEDIATION. Subject to the availability of appropriations 

for this purpose, the Secretary shall conduct remediation at the Moab 

site in a safe and environmentally sound manner that takes into 

consideration the remedial action plan prepared pursuant to section 

3405(i) of the Strom Thurmond National Defense Authorization Act 

for Fiscal Year 1999 (10 USC 7420 note; Public Law 105-261, 

including–

(A) ground water restoration; and

(B) the removal, to a site in the State of Utah, for permanent 

disposition and any necessary stabilization, of residual radioactive 

material and other contaminated material from the Moab site and 

the floodplain of the Colorado River.2

In making the designation under this paragraph, the Secretary shall 

consult with the Administrator, the Commission and the State of South 

Dakota. The provisions of this title shall apply to the site so designated in 

the same manner and to the same extent as to the sites designated under 

subsection (a) except that, in applying such provisions to such site, any 

reference in this title to the date of enactment of this Act shall be treated 

as a reference to the date of the enactment of this paragraph and in 

determining the State share under section 107 of the costs of remedial 

action, there shall be credited to the State, expenditures made by the State 

prior to the date of the enactment of this paragraph which the Secretary 

determines would have been made by the State or the United States in 

carrying out the requirements of this title.

Sec. 103. State Cooperative Agreements

(a) After notifying a State of the designation referred to in section 102 

of this title, the Secretary subject to section 113, is authorized to enter 

into cooperative agreement with such State to perform remedial actions 

at each designated processing site in such State (other than a site location 

on Indian lands referred to in section 105). The Secretary shall, to the 

greatest extent practicable, enter into such agreements and carry out such 

remedial actions in accordance with the priorities established by him 

under section 102. The Secretary shall commence preparations for 

cooperative agreements with respect to each designated processing site as 

promptly as practicable following the designation of each site.

––––––––

2 Amended by P.L. 106–398, § 1, 114 Stat. 1654 (2000).

42 USC 7917.

42 USC 7913.
Uranium Mill Tailings Radiation Control Act (P.L. 95–604) 503

(b) Each cooperative agreement under this section shall contain such 

terms and conditions as the Secretary deems appropriate and consistent 

with the purposes of this Act, including, but not limited to, a limitation 

on the use of Federal assistance to those costs which are directly required 

to complete the remedial action selected pursuant to section 108.

(c)(1) Except where the State is required to acquire the processing site 

as provided in subsection (a) of section 104, each cooperative agreement 

with a State under section 103 shall provide that the State shall obtain, in 

a form prescribed by the Secretary, written consent from any person 

holding any record interest in the designated processing site for the 

Secretary or any person designated by him to perform remedial action at 

such site.

(2) Such written consent shall include a waiver by each such 

person on behalf of himself, herself, his heirs, successors, and 

assigns–

(A) releasing the United States of any liability or claims 

thereof by such person, his heirs, successors, and assigns 

concerning such remedial action, and

(B) holding the United States harmless against any claim by 

such person on behalf of himself, his heirs, successors, or assigns 

arising out of the performance of any remedial action.

(d) Each cooperative agreement under this section shall require the 

State to assure that the Secretary, the Commission, and the Administrator 

and their authorized representatives have a permanent right of entry at 

any time to inspect the processing site and the site provided pursuant to 

section 104(b)(1) in furtherance of the provisions of this title and to carry 

out such agreement and enforce this Act and any rules prescribed under 

this Act. Such right of entry under this section or section 106 into an area 

described in section 101(6)(B) shall terminate on completion of the 

remedial action, as determined by the Secretary.

(e) Each agreement under this section shall take effect only upon the 

concurrence of the Commission with the terms and conditions thereof.

(f) The Secretary may, in any cooperative agreement enter into this 

section or section 105, provide for reimbursement of the actual costs, as 

determined by the Secretary, of any remedial action performed with 

respect to so much of a designated processing site as is described in 

section 101(6)(B). Such reimbursement shall be made only to a property 

owner of record at the time such remedial action was undertaken and 

only with respect to costs incurred by such property owner. No such 

reimbursement may be made unless–

(1) such remedial action was completed prior to enactment of this 

Act, and unless the application for such reimburse was filed by such 

owner within one year after a agreement under this section or section 

105 is approved by the Secretary and the Commission, and

(2) the Secretary is satisfied that such action adequately achieves 

the purposes of this Act with respect to the site concerned and is 

consistent with the standards established by the Administrator 

pursuant to section 275(a) of the Atomic Energy Act of 1954.

Sec. 104. Acquisition and Disposition of Lands and Materials

(a) Each cooperative agreement under section 103 shall require the 

State where determined appropriate by the Secretary with the 

concurrence of the Commission, to acquire any designated processing 

site, including where appropriate any interest therein. In determining 

whether to require the State to acquire a designated processing site or 

interest therein, consideration shall be given to the prevention of windfall 

profits.

Terms and 

Conditions.

Written 

consent.

Waiver.

42 USC 7914.
504 Uranium Mill Tailings Radiation Control Act (P.L. 95–604)

(b)(1) If the Secretary with the concurrence of the Commission 

determines that removal of residual radioactive material from a 

processing site is appropriate, the cooperative agreement shall provide 

that the State shall acquire land (including, where appropriate, any 

interest therein) to be used as a site for the permanent disposition and 

stabilization of such residual radioactive materials in a safe and 

environmentally sound manner.

(2) Acquisition by the State shall not be required under this 

subsection if a site located on land controlled by the Secretary or 

made available by the Secretary of the Interior pursuant to section 

106(a)(2) is designated by the Secretary, with the concurrence of the 

Commission, of such disposition and stabilization.

(c) No State shall be required under subsection (a) or (b) to acquire 

any real property or improvement outside the boundaries of–

(1) that portion of the processing site which is described in section 

101(6)(A), and

(2) the site used for disposition of the residual radioactive 

materials.

(d) In the case of each processing site designated under this title other 

than a site designated on Indian land, the State shall take such action as 

may be necessary, and pursuant to regulations of the Secretary under this 

subsection, to assure that any person who purchases such a processing 

site after the removal of radioactive materials from such site shall be 

notified in any appropriate manner prior to such purchase, of the nature 

and extent of residual radioactive materials removed from site, including 

notice of the date when such action took place, and the condition of such 

site after such action. If the State is the owner if such site, the State shall 

so notify any prospective purchaser before entering into a contract, 

option or other arrangement to sell or otherwise dispose of such site. The 

Secretary shall issue appropriate rules and regulations to require notice in 

the local land records of the residual radioactive materials which were 

located at any processing site and notice of the nature and extent of 

residual radioactive materials removed from the site, including notice of 

the date when such action took place. For purposes of this subsection, the 

term “site” does not include any property described in section 101(6)(B) 

of this title which is in a State which the Secretary has certified has a 

program which would achieve the purposes of this subsection.3

(e)(1) The terms and conditions of any cooperative agreement with a 

State under section 103 shall provide that in the case of any lands or 

interests therein acquired by the State pursuant to subsection (a), the 

State, with the concurrence of the Secretary and the Commission, may–

(A) sell such lands and interests,

(B) permanently retain such land and interests in lands (or 

donate such lands and interests therein to another governmental 

entity within such State) for permanent use by such State or entity 

solely for park, recreational, or other public purposes, or

(C) transfer such lands and interest to the United Sates as 

provided in subsection (f).

No lands may be sold under subparagraph (A) without the consent of 

the Secretary and the Commission. No site may be sold under 

subparagraph (A) or retained under subparagraph (B) if such site is used 

for the disposition of residual radioactive materials.

––––––––

3 Amended by P.L. 104–259, § 4(a), 110 Stat. 3174 (1996).

Residual 

radioactive 

material, 

removal.

Notification.

Rules and 

regulations.
Uranium Mill Tailings Radiation Control Act (P.L. 95–604) 505

(2) Before offering for sale any lands and interests therein which 

comprise a processing site, the State shall offer to sell such lands and 

interests at their fair market value to the person from whom the State 

acquired them.

(f)(1) Each agreement under section 103 shall provide that title to–

(A) the residual radioactive materials subject to the agreement, 

and

(B) any lands and interests therein which have been acquired 

by the State, under subsection (a) or (b), for the disposition of 

such materials, shall be transferred by the State to the Secretary 

when the Secretary (with the concurrence of the Commission) 

determines that remedial action is completed in accordance with 

the requirements imposed pursuant to this title. No payment shall 

be made in connection with the transfer of such property from 

fund appropriated for purposes of this Act other than payments for 

any administrative and legal costs incurred in carrying out such 

transfer.

(2) Custody of any property transferred to the United States under 

this subsection shall be assumed by the Secretary or such Federal 

agency as the President may designate. Notwithstanding any other 

provision of law, upon completion of the remedial action program 

authorized by this title, such property and minerals shall be 

maintained pursuant to a license issued by the Commission in such 

manner as will protect the public health, safety, and the environment. 

The Commission may, pursuant to such license or by rule or order, 

require the Secretary or other Federal agency having custody of such 

property and minerals to undertake such monitoring, maintenance, 

and emergency measures necessary to protect public health and safety 

and other actions as the Commission deems necessary to comply with 

the standards of section 275(a) of the Atomic Energy Act of 1954. 

The Secretary or such other Federal agency is authorized to carry out 

maintenance, monitoring and emergency measures under this 

subsection, but shall take no other action pursuant to such license, 

rule or order with respect to such property and minerals unless 

expressly authorized by Congress after the date of enactment of this 

Act. The United States shall not transfer title to property or interest 

therein acquired under this subsection to any person or State, except 

as provided in subsection (h).

(g) Each agreement under section 103 which permits any sale 

described in subsection (e)(1)(A) shall provide for the prompt 

reimbursement to the Secretary form the proceeds of such sale. Such 

reimbursement shall be in an amount equal to the lesser of–

(1) that portion of the fair market value of the lands or interests 

therein which bears the same ratio to such fair market value as the 

Federal share of the costs of acquisition by the State to such lands or 

interest therein bears to the total cost of such acquisition, or

(2) the total amount paid by the Secretary with respect to such 

acquisition.

The fair market value of such lands or interest shall be determined by the 

Secretary as of the date of the sale by the State. Any amounts received by 

the Secretary under this title shall be deposited in the Treasury of the 

United States as miscellaneous receipts.

(h) No provision of any agreement under section 103 shall prohibit 

the Secretary of the Interior, with the concurrence of the Secretary of 

Energy and the Commission, from disposing of any subsurface mineral 

rights by sale or lease (in accordance with laws of the United States 

Fair market 

value.
506 Uranium Mill Tailings Radiation Control Act (P.L. 95–604)

applicable to the sale, lease, or other disposal of such rights) which are 

associated with land on which residual radioactive materials are disposed 

and which are transferred to the United States as required under this 

section if the Secretary of the Interior takes such action as the 

Commission deems necessary pursuant to a license issued by the 

Commission to assure that the residual radioactive materials will not be 

disturbed by reason of any activity carried on following such disposition. 

If any such materials are disturbed by any such activity, the Secretary of 

the Interior shall insure, prior to the disposition of the minerals, that such 

materials will be restored to a safe and environmentally sound condition 

as determined by the Commission, and that the costs of such restoration 

will be borne by the person acquiring such rights from the Secretary of 

the Interior or from his successor or assign.

Sec. 105. Indian Tribe Cooperative Agreements 

(a) After notifying the Indian tribe of the designation pursuant to 

section 102 of this title, the Secretary, in consultation with the Secretary 

of the Interior, is authorized to enter into a cooperative agreement, 

subject to section 113, with any Indian tribe to perform remedial action at 

a designated processing site located on land of such Indian tribe. The 

Secretary shall, to the greatest extent practicable, enter into such 

agreements and carry out such remedial actions in accordance with the 

priorities established by him under section 102. In performing any 

remedial action under this section and in carrying out any continued 

monitoring or maintenance respecting residual radioactive materials 

associated with any site subject to a cooperative agreement under this 

section, the Secretary shall make full use of any qualified members of 

Indian tribes resident in the vicinity of any such site. Each such 

agreement shall contain such terms and conditions as the Secretary 

deems appropriate and consistent with the purpose of this Act. Such 

terms and conditions shall require the following:

(1) The Indian tribe and any person holding any interest in such 

land shall execute a waiver (A) releasing the United States of any 

liability or claim thereof by such tribe or person concerning such 

remedial action and (B) holding the United States harmless against 

any claim arising out of the performance of any such remedial action.

(2) The remedial action shall be selected and performed in 

accordance with section 108 by the Secretary or such person as he 

may designate.

(3) The Secretary, the Commission, and the Administrator and 

their authorized representatives shall have a permanent right of entry 

at any time to inspect such processing site in furtherance of the 

provisions of this title, to carry out such agreement, and to enforce 

any rules prescribed under this Act.

Each agreement under this section shall take effect only upon 

concurrence of the Commission with the terms and conditions thereof.

(b) When the Secretary with the concurrence of the Commission 

determines removal of residual radioactive materials from a processing 

site on land described on subsection (a) to be appropriate, he shall 

provide, consistent with other applicable provisions of law, a site or sites 

for the permanent disposition and stabilization in a safe and 

environmentally sound manner of such residual radioactive materials. 

Such materials shall be transferred to the Secretary (without payment 

therefor by the Secretary) and permanently retained and maintained by 

the Secretary under the conditions established in a license issued by the 

commission, subject to section 104(f)(2) and (h).

42 USC 7915.

Terms and 

conditions.
Uranium Mill Tailings Radiation Control Act (P.L. 95–604) 507

Sec. 106. Acquisition of Lands by Secretary

Where necessary or appropriate in order to consolidate in a safe and 

environmentally sound manner the location of residual radioactive 

materials which are removed from processing sites under cooperative 

agreements under this title or where otherwise necessary for the 

permanent disposition and stabilization of such materials in such 

manner–

(1) the Secretary may acquire land and interest in land for such 

purposes by purchase, donation, or under any other authority of law or

(2) the Secretary of the Interior may transfer permanently to the 

Secretary to carry out the purposes of this Act, public lands under the 

jurisdiction of the Bureau of Land Management in the vicinity of 

processing sites in the following counties:

(A) Apache County in the State of Arizona;

(B) Mesa, Gunnison, Moffat, Montrose, Garfield, and San 

Miguel Counties in the State of Colorado;

(C) Boise County in the State of Idaho;

(D) Billings and Bowman Counties in the State of North 

Dakota;

(E) Grand and San Juan Counties in the State of Utah;

(F) Converse and Frement Counties in the State of Wyoming; 

and

(G) Any other county in the vicinity of a processing site, if no 

site in the county in which a processing site is located is suitable.

Any permanent transfer of lands under the jurisdiction of the Bureau 

of Land Management by the Secretary of the Interior to the Secretary 

shall not take place until the Secretary complies with the requirements of 

the National Environmental Policy Act (42 USC 4321 et seq.) with 

respect to the selection of a site for the permanent disposition and 

stabilization of residual radioactive materials. Section 204 of the Federal 

Land Policy and Management Act (43 USC 1714) shall not apply to this 

transfer of jurisdiction. Prior to acquisition of land under paragraph (1) or 

(2) of this subsection in any State, the Secretary shall consult with the 

Governor of such State. No lands may be acquired under such 

paragraph (1) or (2) in any State in which there is no (1) processing site 

designated under this title or (2) active uranium mill operation, unless the 

Secretary has obtained the consent of the Governor of such State. No 

lands controlled by any Federal agency may be transferred to the 

Secretary to carry out the purposes of this Act without the Concurrence 

of the chief administrative officer of such agency.4

Sec. 107. Financial Assistance

(a) In the case of any designated processing site for which an 

agreement is executed with any State for remedial action at such site, the 

Secretary shall pay 90 per centum of the actual cost of such remedial 

action, including the actual costs of acquiring such site (and any interest 

therein) or any disposition site (and any interest therein pursuant to 

section 103 of this title, and the State shall pay the remainder of such 

costs from non-Federal funds. The Secretary shall not pay the 

administrative costs incurred by any State to develop, prepare, and carry 

out any cooperative agreement executed with such State under this title, 

except the proportionate share of the administrative costs associated with 

––––––––

4 Amended by P.L. 100–616, 102 Stat. 3192 (1988).

42 USC 7916.

Uranium Mill 

Tailings 

Remedial Action 

Amendments 

Act of 1988.

42 USC 7901 

note.

Public lands.

State listing.

42 USC 7917.
508 Uranium Mill Tailings Radiation Control Act (P.L. 95–604)

the acquisition of lands and interests therein acquired by the State 

pursuant to this title.

(b) In the case of any designated processing site located on Indian 

lands, the Secretary shall pay the entire cost of such remedial action.

Sec. 108. Remedial Action

(a)(1) The Secretary or such person as he may designate shall select 

and perform remedial actions at designated processing sites and disposal 

sites in accordance with the general standards prescribed by the 

Administrator pursuant to section 275a. of the Atomic Energy Act of 

1954. The State shall participate fully in the selection and performance of 

a remedial action for which it pays part of the cost. Such remedial action 

shall be selected and performed with the concurrence of the Commission 

and in consultation, as appropriate, with the Indian tribe and the 

Secretary of the Interior. Residual radioactive material from a processing 

site designated under this title may be disposed of at a facility licensed 

under title II under the administrative and technical requirements of such 

title. Disposal of such material at such a site in accordance with such 

requirements shall be considered to have been done in accordance with 

the administrative and technical requirements of this title.5

(2) The Secretary shall use technology in performing such 

remedial action as will insure compliance with the general standards 

promulgated by the Administrator under section 275a. of the Atomic 

Energy Act of 1954 and will assure the safe and environmentally 

sound stabilization of residual radioactive materials, consistent with 

existing law.6

(3) Notwithstanding paragraph (1) and (2) of this subsection, after 

October 31, 1982, if the Administrator has not promulgated standards 

under section 275a. of the Atomic Energy Act of 1954 in final form 

by such date, remedial action taken by the Secretary under this title 

shall comply with standards proposed by the Administrator under 

such section 275a. until such time as the Administrator promulgates 

the standards in final form.7

(b) Prior to undertaking any remedial action at a designated site 

pursuant to this title, the Secretary shall request expressions of interest 

from private parties regarding the remilling of the residual radioactive 

materials at the site and, upon receipt of any expression of interest, the 

Secretary shall evaluate among other things the mineral concentration of 

the residual radioactive materials at each designated processing site to 

determine whether, as a part if any remedial action program, recovery of 

such minerals is practicable. The Secretary, with the concurrence of the 

Commission, may permit the recovery of such minerals, under such 

terms and conditions as he may prescribe to carry out the purposes of this 

title. No such recovery shall be permitted unless such recovery is 

consistent with remedial action. Any person permitted by the Secretary to 

recover such mineral shall pay to the Secretary a share of the net profits 

derived from such recovery, as determined by the Secretary. Such share 

shall not exceed the total amount paid by the Secretary for carrying out 

remedial action at such designated site. After payment of such share to 

the United States under this subsection, such person shall pay to the State 

in which the residual radioactive materials are located a share of the net 

profits derived from such recovery, as determined by the Secretary. The 

––––––––

5 Amended by P.L. 104–259, § 4(a), 110 Stat. 3174 (1996). 6 Amended by P.L. 97–415, § 18, 96 Stat. 2067 (1983). 7 Amended by P.L. 97–415, § 18, 96 Stat. 2067 (1983).

42 USC 7918.

Evaluation.
Uranium Mill Tailings Radiation Control Act (P.L. 95–604) 509

person recovering such minerals shall bear all cost of such recovery. Any 

person carrying out mineral recovery activities under this paragraph 

shall be required to obtain any necessary license under the Atomic 

Energy Act of 1954 or under State law as permitted under section 274 of 

such Act.

Sec. 109. Rules

The Secretary may prescribe such rules consistent with the purposes 

of this Act as he deems appropriate pursuant to title V of the Department 

of Energy Organization Act.

Sec. 110. Enforcement

(a)(1) Any person who violates any provision of this title or any 

cooperative agreement entered into pursuant to this title or any rule 

prescribed under this Act concerning any designated processing site, 

disposition site, or remedial action shall be subject to an assessment by 

the Secretary of a civil penalty of not more than $1,000 per day per 

violation. Such assessment shall be made by order after notice and an 

opportunity for a public hearing, pursuant to section 554 of title 5, United 

States Code. 

(2) Any person against whom a penalty is assessed under this 

section may, within sixty calendar days after the date of the order of 

the Secretary assessing such penalty, institute an action in the United 

States court of appeals for the appropriate judicial circuit for judicial 

review of such order in accordance with chapter 7 of title 5, United 

States Code. The court shall have jurisdiction to enter a judgment

affirming, modifying, or setting aside in whole or in part, the order of 

the Secretary, or the court may remand the proceeding to the 

Secretary for such further action as the court may direct. 

(3) If any person fails to pay an assessment of a civil penalty after 

it has become a final and unappealable order, the Secretary shall 

institute an action to recover the amount of such penalty in any 

appropriate district court of the United States. In such action, the 

validity and appropriateness of such final assessment order or 

judgment shall not be subject to review. Section 402(d) of the 

Department of Energy Organization Act shall not apply with respect 

to the functions of the Secretary under this section.

(4) No civil penalty may be assessed against the United States or 

any State or political subdivision of a State or any official or 

employee of the foregoing.

(5) Nothing in this section shall prevent the Secretary from 

enforcing any provision of this title or any cooperative agreement or 

any such rule by injunction or other equitable remedy.

(b) Subsection (a) shall not apply to any license requirement under 

the Atomic Energy Act of 1954. Such licensing requirements shall be 

forced by the Commission as provided in such Act.

Sec. 111. Public Participation

In carrying out the provisions of this title, including the designation 

of processing sites, establishing priorities for such sites, the selection of 

remedial actions, and the execution of cooperative agreements, the 

Secretary, the Administrator, and the Commission shall encourage public 

participation and, where appropriate, the Secretary shall hold public 

hearings relative to such matters in the State where processing sites and 

disposal sites are located.

42 USC 2021.

42 USC 7919.

42 USC 7920.

Notice, hearing 

opportunity.

5 USC 500 et 

seq.

Jurisdiction.

42 USC 7172.

42 USC 2011 

note.

42 USC 7921.
510 Uranium Mill Tailings Radiation Control Act (P.L. 95–604)

Sec. 112. Termination: Authorization

(a)(1) The authority of the Secretary to perform remedial action under 

this title shall terminate on September 30, 1998, except that–

(A) the authority of the Secretary to perform groundwater 

restoration activities under this subchapter is without limitation, 

and

(B) the Secretary may continue operation of the disposal site 

in Mesa County, Colorado (known as the Cheney disposal cell) 

for receiving and disposing of residual radioactive material from 

processing sites and of byproduct material from property in the 

vicinity of the uranium milling site located in Monticello, Utah, 

until the Cheney disposal cell has been filled to the capacity for 

which is was designed, or September 30, 2023, whichever comes 

first.

(2) For purposes of this subsection, the term ‘byproduct 

material’ has the meaning given that term in section 11e.(2) of the 

Atomic Energy Act of l954 (42 U.S.C. 2014(e)(2)).

(b) The amounts authorized to be appropriated to carry out the 

purposes of this subchapter by the Secretary, the Administrator, the 

Commission, and the Secretary of the Interior shall not exceed such 

amounts as are established in annual authorization Acts for fiscal year 

1979 and each fiscal year thereafter applicable to the Department of 

Energy. Any sums appropriated for the purposes of this title shall be 

available until expended.8

Sec. 113. Limitation

The authority under this title to enter into contracts or other 

obligations requiring the United States to make outlays may be exercised 

only to the extent provided in advance in annual authorization and 

appropriation Acts.

Sec. 114. Reports to Congress

(a) Beginning on January 1, 1980, and each year thereafter until 

January 1, 1986, the Secretary shall submit a report to the Congress with 

respect to the status of the actions required to be taken by the Secretary, 

the Commission, the Secretary of the Interior, the Administrator, and the 

States and Indian tribes under this Act and any amendments to other laws 

made by this Act. Each report shall–

(1) include data on the actual and estimated costs of the program 

authorized by this title;

(2) described the extent of participation by the States and Indian 

tribe in this program;

(3) evaluate the effectiveness of remedial actions, and describe 

any problems associated with the performance of such actions; and

(4) contain such other information as may be appropriate.

Such report shall be prepared in consultation with the Commission, 

the Secretary of the Interior, and the Administrator and shall contain their 

separate views, comments, and recommendations, if any. The 

Commission shall submit to the Secretary and Congress such portion of 

the report under this subsection as relates to the authorities of the 

Commission under title II of this Act.

(b) Not later than July 1, 1979, the Secretary shall provide a report to 

the Congress which identifies all sites located on public or acquired lands 

––––––––

8 Amended by P.L. 100–616, § 3, 102 Stat. 3192 (1988); P.L. 102–486, Title X, 

Subtitle C, § 1031, 106 Stat. 2951 (1992); P.L. 104–259, § 2, 110 Stat. 3173 (1996).

42 USC 7922.

Water.

42 USC 7923.

42 USC 7924.
Uranium Mill Tailings Radiation Control Act (P.L. 95–604) 511

of the United States containing residual radioactive materials and other 

radioactive materials and other radioactive waste (other than waste 

resulting from the production of electric energy) and specifies which 

Federal agency has jurisdiction over such sites. The report shall include 

the identity of property and other structures in the vicinity of such site 

that are contaminated or may be contaminated by such materials and 

actions planned or taken to remove such materials. The report shall 

describe in what manner such sites are adequately stabilized and 

otherwise controlled to prevent radon diffusion from such sites into the 

environment and other environmental harm. If any site is not so 

stabilized or controlled, the report shall describe the remedial actions 

planned for such site and the time frame for performing such actions. In 

preparing the reports under this section, the Secretary shall avoid 

duplication of previous or ongoing studies and shall utilize all 

information available from other departments and agencies of the United 

States respecting the subject matter of such report. Such agencies shall 

cooperate with the Secretary in the preparation of such report and furnish 

such information as available to them and necessary for such reports.

(c) Not later than January 1, 1980, the Administrator, in consultation 

with the Commission, shall provide a report to the Congress which 

identifies the location and potential health, safety, and environmental 

hazards of uranium mine wastes together with recommendations, if any, 

for a program to eliminate these hazards.

(d) Copies of the reports required by this section to be submitted to 

the Congress shall be separately submitted to the Committees on Interior 

and Insular Affairs and on Energy and Commerce of the House of 

Representatives and the Committee on Energy and Natural Resources of 

the Senate.

(e) The Commission, in cooperation with the Secretary, shall ensure 

that any relevant information, other than trade secrets and other 

proprietary information otherwise exempted from mandatory disclosure 

under any other provision of law, obtained from the conduct of each of 

the remedial actions authorized by this title and the subsequent perpetual 

care of those residual radioactive materials is documented systematically, 

and made publicly available conveniently for use.

Sec. 115. Active Operations: Liability for Remedial Action

(a) No amount may be expended under this title with respect to any 

site licensed by the Commission under the Atomic Energy Act of 1954 or 

by a State as permitted under section 274 of such Act at which 

production of any uranium product from ores (other than from residual 

radioactive materials) takes place. This subsection does not prohibit the 

disposal of residual radioactive material from a processing site under this 

subchapter at a site licensed under title II or the expenditure of funds 

under this subchapter for such disposal.9

(b) In the case of each processing site designated under this title, the 

Attorney General shall conduct a study to determine the identity and 

legal responsibility which any person (other than the United States, a 

State, or Indian tribe) who owned or operated or controlled (as 

determined by the Attorney General) such site before the date of the 

enactment of this Act may have under any law or rule of law for 

reclamation or other remedial action with respect to such site. The 

Attorney General shall publish the results of such study, and provide 

––––––––

9 Amended by P.L. 104–259, § 4(a), 110 Stat. 3174 (1996).

Cooperation.

42 USC 7925.

42 USC 2011 

note.

42 USC 2021.

Study.
512 Uranium Mill Tailings Radiation Control Act (P.L. 95–604)

copies thereof to the Congress, as promptly as practicable following the 

date of the enactment of this Act. The Attorney General, based on such 

study, shall, to the extent he deems it appropriate and in the public 

interest, take such action under any provision of law in effect when 

uranium was produced at such site to require payment by such person of 

all or any part of the costs incurred by the United States for such 

remedial action for which he determines such person is liable.

Title II–Uranium Mill Tailings Licensing and Regulation

Sec. 201. Definition

Section 11e. of the Atomic Energy Act of 1954, is amended to read as 

follows:

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

(except special nuclear material) yielded in or made radioactive by 

exposure to the radiation incident to the process of producing or utilizing 

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

extraction or concentration of uranium or thorium from any ore 

processed primarily for its source material content.

Sec. 202. Custody of Disposal Site

(a) Chapter 8 of the Atomic Energy Act of 1954, is amended by 

adding the following new section at the end thereof:

Sec. 83. Ownership and Custody of Certain By-product Material and

Disposal Sites.–

a. Any license issued or renewed after the effective date of this 

section under section 62 or section 81 for any activity which results in 

the production of any byproduct materials, as defined in section 11e.(2), 

shall contain such terms and conditions as the commission determines to 

be necessary to assure that, prior to termination of such license–

(1) the licensee will comply with decontamination, 

decommissioning, and reclamation standards prescribed by the 

Commission for sites (A) at which ores were processed primarily for 

their source material content and (B) at which such byproduct 

material is deposited, and

(2) ownership of any byproduct material, as defined in section 

11e.(2), which resulted from such licensed activity shall be 

transferred to (A) the United States or (B) in the State in which such 

activity occurred if such State exercises the option under subsection 

b. (1) to acquire land used for the disposal of byproduct material.

Any license in effect on the date of the enactment of this section shall 

either contain such terms and conditions on renewal thereof after the 

effective date of this section, or comply with paragraphs (1) and (2) upon 

the termination of such license, whichever first occurs.

(b)(1)(A) The Commission shall require by rule, regulation, or order 

that prior to the termination of any license which is issued after the 

effective date of this section, title to the land, including any interests 

therein (other than land owned by the United States or by a State) which 

is used for the disposal of any byproduct material, as defined by section 

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 option of 

such State.

(2) Unless the Commission determines prior to such termination 

that transfer of title to such land and such byproduct material is not 

necessary or desirable to protect the public health, safety, or welfare 

or to minimize or eliminate danger to life or property. Such 

42 USC 2014.

Byproduct 

material.

42 USC 2113.

42 USC 2002.

42 USC 2014.

42 USC 2111.

42 USC 2014.

Rule, 

regulation, or 

order.
Uranium Mill Tailings Radiation Control Act (P.L. 95–604) 513

determination shall be made in accordance with section 181 of this 

Act. Notwithstanding any other provision of law or any such 

determination, such property and materials shall be maintained 

pursuant to a license issued by the Commission pursuant to section 

84(b) in such manner as will protect the public health, safety, and the 

environment.

(B) If the Commission determines by order that use of the 

surface or subsurface estates, or both, of the land transferred to the 

United States or to a State under subparagraph (A) would not 

endanger the public health, safety, welfare, or environment, the 

Commission, pursuant to such regulations as it may prescribe, 

shall permit the use of the surface or subsurface estates, or both, 

of such land in a manner consistent with the provisions of this 

section. If the Commission permits such use of such land, it shall 

provide the person who transferred such land with the right of first 

refusal with respect to such use of such land.

(2) If the transfer to the United States of title to such by-product 

material and such land is required under this section, the Secretary of 

Energy or any Federal agency designated by the President shall, 

follow the Commission’s determination of compliance under 

subsection c., assume title and custody of such byproduct material 

and land transferred as provided in this subsection. Such Secretary or 

Federal agency shall maintain such material and land in such manner 

as will protect the public health and safety and the environment. Such 

custody may be transferred to another officer or instrumentality of the 

United States only upon approval of the President.

(3) If transfer to a State of title to such byproduct material is 

required in accordance with this subsection, such State shall, 

following the Commission’s determination of compliance under 

subsection d., assume title and custody of such byproduct material 

and land transferred as provided in this subsection. Such State shall 

maintain such material and land in such manner as will protect the 

public health, safety, and the environment.

(4) In the case of any such license under section 62, which was in 

effect on the effective date of this section, the Commission may 

require, before the termination of such license, such transfer of land 

and interests therein (as described in paragraph (1) of this subsection) 

to the United States or a State in which such land is located, at the 

option of such State, as may be necessary to protect the public health, 

wealth, and the environment from any effects associated with such 

byproduct material. In exercising the authority of this paragraph, the 

Commission shall take into consideration the status of the ownership 

of such land and interests therein and the ability of the licensee to 

transfer title and custody thereof to the United States or a State.

(5) The Commission may, pursuant to a license, or by rule or 

order, require the Secretary or other Federal agency or State having 

custody of such property and materials to undertake such monitoring, 

maintenance, and emergency measures as are necessary to protect the 

public health and safety and such other actions as the Commission 

deems necessary to comply with the standards promulgated pursuant 

to section 84 of this Act. The Secretary or such other Federal agency 

is authorized to carry out maintenance, monitoring, and emergency 

measures, but shall take no other action pursuant to such license, rule 

or order, with respect to such property and materials unless expressly 

authorized by Congress after the date of enactment of this Act.

42 USC 2092.
514 Uranium Mill Tailings Radiation Control Act (P.L. 95–604)

(6) The transfer of title to land or byproduct materials, as defined 

in section 11e.(2), to a State or the United States pursuant to this 

subsection shall not relieve any licensee of liability for any fraudulent 

or negligent acts done prior to such transfer.

(7) Material and land transferred to the United States or a State in 

accordance with this subsection shall be transferred without cost to 

the United States or a State (other than administrative and legal costs 

incurred in carrying out such transfer). Subject to the provisions of 

paragraph (1)(B) of this subsection, the United States or a State shall 

not transfer title to material or property acquired under this subsection 

to any person, unless such transfer is in the same manner as provided 

under section 104(h) of the Uranium Mill Tailings Radiation Control 

Act of 1978.

(8) The provisions of this subsection respecting transfer of title 

and custody to land shall not apply in the case of lands held in trust 

by the United States for any Indian tribe or lands owned by such 

Indian tribe subject to a restriction against alienation imposed by the 

United States. In the case of such lands which are used for the 

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

license shall be required to enter into such arrangements with the 

Commission as may be appropriate to assure the long-term 

maintenance and monitoring of such lands by the United States.

c. Upon termination on any license to which this section applies, the 

Commission shall determine whether or not the licensee has complied 

with all applicable standards and requirements under such license.

(b) this section shall be effective three years after the enactment of 

this Act.

(c) The table of contents for chapter 8 of the Atomic Energy Act of 

1954, is amended by inserting the following new item after the item 

relating to section 82: Sec. 83. Ownership and custody of certain 

byproduct material and disposal sites.

Sec. 203. Authority to Establish Certain Requirements

Section 161 of the Atomic Energy Act of 1954, is amended, by 

adding the following new subsection at the end thereof:

x. Establish by rule, regulation, or order, after public notice, and in 

accordance with the requirements of section 181 of this Act, such 

standards and instructions as the Commission may deem necessary or 

desirable to ensure–

(1) that an adequate bond, surety, or other financial arrangement 

(as determined by the Commission) will be provided before 

termination of any license for byproduct material as defined in 

section 11e.(2), by a licensee to permit the completion of all 

requirements established by the Commission for the decontamination, 

decommissioning, and reclamation of sites, structures, and equipment 

used in conjunction with byproduct material as so defined, and

(2) that–

(A) in the case of any such license issued or renewed after the 

date of the enactment of this subsection, the need for long term 

maintenance and monitoring of such sites, structures and 

equipment after termination of such license will be minimized 

and, to the maximum extent practicable, eliminated; and

(B) in the case of each license for such material (whether in 

effect on the date of the enactment of this section or issued or 

renewed thereafter), if the Commission determines that any such 

long-term maintenance and monitoring is necessary, the licensee, 

before termination of any license for byproduct material as 

42 USC 2014.

42 USC 2113 

note.

Effective date.

42 USC 2201.

42 USC 2231.

42 USC 2014.
Uranium Mill Tailings Radiation Control Act (P.L. 95–604) 515

defined in section 11e.(2), will make available such bonding, 

surety, or other financial arrangements as may be necessary to 

assure such long-term maintenance and monitoring.

Such standards and instructions promulgated by the Commission, 

pursuant to this subsection shall take into account, as determined by the 

Commission, so as to avoid unnecessary duplication and expense, 

performance bonds or other financial arrangements which are required by 

other Federal agencies or State agencies and/or other local governing 

bodies for such decommissioning, decontamination, and reclamation and 

long-term maintenance and monitoring except that nothing in this 

paragraph shall be construed to require that the Commission accept such 

bonds or arrangements if the Commission determines that such bonds or 

arrangements are not adequate to carry out subparagraphs (1) and (2) of 

this subsection.

Sec. 204. Cooperation with States

(a) Section 274b. of the Atomic Energy Act of 1954, is amended by 

adding "as defined in section 11e.(1)" after the words "byproduct 

materials" in paragraph (1) by renumbering paragraphs (2) and (3) as 

paragraph (3) and (4); and by inserting the following new paragraph 

immediately after paragraph(1):

(2) byproduct materials as defined in section 11e.(2);

(b) Section 274d.(2) of such Act is amended by inserting the 

following before the word "compatible": "in accordance with the 

requirements of subsection o. and in all other respects."

(c) Section 274n. of such Act is amended by adding the following 

new sentence at the end thereof: "As used in this section, the term 

"agreement" 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

(3) by adding at the end before the period the following: or (2) the 

State has not complied with one or more of the requirements of this 

section. The Commission shall periodically review such agreements 

and actions taken by the States under the agreements to ensure 

compliance with the provisions of this section.

(e)(1) Section 274 of such Act is amended by adding the following 

new subsection at the end thereof:

o. In the licensing and regulation of byproduct material, as defined in 

section 11e.(2) of this Act, or of any activity which results in the 

production of byproduct material as so defined under an agreement 

entered into pursuant to subsection b., a State shall require–

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

83 (respecting ownership of byproduct material and land), and

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

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

from hazards associated with such material which are equivalent, to 

the extent practicable, or more stringent than, standards adopted and 

enforced by the Commission for the same purpose, including 

requirements and standards promulgated by the Commission and the 

Administrator of the Environmental Protection Agency pursuant to 

section 83, 84, and 275, and

(3) procedures which–

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

which include–

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

comments and a public hearing, with a transcript,

42 USC 2021.

42 USC 2021.

Agreement.

Review.
516 Uranium Mill Tailings Radiation Control Act (P.L. 95–604)

(ii) an opportunity for cross examination, and

(iii) a written determination which is based upon findings 

included in such determination and upon the evidence 

presented during the public comment period and which is 

subject to judicial review;

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

public participation through written comments or a public hearing 

and provide for judicial review of the rule;

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

the human environment a written analysis (which shall be 

available to the public before the commencement of any such 

proceedings) of the impact of such licenses, including any 

activities conducted pursuant thereto, on the environment, which 

analysis shall include–

(i) an assessment of the radiological and nonradiological 

impacts to the public health of the activities to be conducted 

pursuant to such license;

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

groundwater resulting from such activities;

(iii) consideration of alternatives, including alternative 

sites and engineering methods, to the activities to be 

conducted pursuant to such license; and

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

decommissioning, decontamination, and reclamation impacts, 

associated with activities to be conducted pursuant to such 

license, including the management of any byproduct material, 

as defined by section 11e.(2); and

(D) prohibit any major construction activities with respect to 

such material prior to complying with the provisions of 

subparagraph (C).

If any State under such agreement imposes upon any licensee any 

requirement for the payment of funds to such State for the reclamation or 

long-term maintenance and monitoring of such material and if transfer to 

the United States of such material is required in accordance with section 

83b. of this Act, such agreement shall be amended by the Commission to 

provide that such State shall transfer to the United States upon

termination of the license issued to such licensee the total amount 

collected by such State from such licensee for such purpose. If such 

payments are required, they must be sufficient to ensure compliance with 

the standards established by the Commission pursuant to section 161x of 

this Act. No State shall be required under paragraph (3) to conduct 

proceedings concerning any license or regulation which would duplicate 

proceedings conducted by the Commission.

(2)10 The provisions of the amendment made by paragraph (1) of 

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

Atomic Energy Act of 1954) shall apply only to the maximum extent 

practicable during the three-year period beginning on the date of the 

enactment of this Act.

(f) Section 274c. of such Act is amended by inserting the following 

new sentence after paragraph (4) thereof: The Commission shall also 

retain authority under any such agreement to make a determination that 

all applicable standards and requirements have been met prior to 

––––––––

10 Added by P.L. 96–106, § 22(d), 93 Stat. 800 (1979).

42 USC 2201.

42 USC 2021 

note.

42 USC 2021.

42 USC 2014.
Uranium Mill Tailings Radiation Control Act (P.L. 95–604) 517

termination of a license for byproduct material, as defined in section 

11e.(2).

(g) Nothing in any amendment made by this section shall preclude 

any State from exercising any other authority permitted under the Atomic 

Energy Act of 1954 respecting any byproduct material, as defined in 

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

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

enactment of this Act, notwithstanding any other provision of this title, 

any State may exercise any authority under State law (including authority 

exercised pursuant to an agreement entered into pursuant to section 274 

of the Atomic Energy Act of 1954) respecting (A) byproduct material, as 

defined in section 11e.(2) of the Atomic Energy Act of 1954, or (B) any 

activity which results in the production of byproduct material as so 

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

the date of the enactment of this Act, except that such State authority 

shall be exercised in a manner which, to the extent practicable, is 

consistent with the requirements of section 274o. of the Atomic Energy 

Act of 1954 (as added by section 204(e) of this Act). The Commission 

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

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

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

section shall be construed to preclude the Commission or the 

Administrator of the Environmental Protection Agency from taking such 

action under section 275 of the Atomic Energy Act of 1954 as may be 

necessary to implement title I of this Act.11

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

section 274 of the Atomic Energy Act of 1954 with respect to 

byproduct material as defined in section 11e.(2) of such Act, may be 

entered into at any time after the date of the enactment of this Act but 

no such agreement may take effect before the date three years after 

the date of the enactment of this Act.

(3)12 Notwithstanding any other provision of this title, where a 

State assumes or has assumed, pursuant to an agreement entered into 

under section 274b. of the Atomic Energy Act of 1954, authority over 

any activity which results in the production of byproduct material, as 

defined in section 11e.(2) of such Act, the Commission shall not, until 

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

this Act, have licensing authority over such byproduct material produced 

in any activity covered by such agreement, unless the agreement is 

terminated, suspended, or amended to provide for such Federal licensing. 

If, at the end of such three-year period, a State has not entered into such 

an agreement with respect to byproduct material, as defined in section 

11e.(2) of the Atomic Energy Act of 1954, the Commission shall have 

authority over such byproduct material. Provided, however,13 That, in the 

––––––––

11 Amended by P.L . 96–106, § 22(b), 93 Stat. 799 (1979), revised section 204(h)(l) by 

substituting a completely new section 204(h)(l). Before amendment, section 204(h)(l) read 

as follows:

(H)(l) On or before the date three years after the date of the enactment of this 

Act, notwithstanding any amendment made by this title, any State may 

exercise any authority under State law respecting byproduct material as 

defined in section 11e.(2) of the Atomic Energy Act of 1954, in the same 

manner, and to the same extent, as permitted before the enactment of this Act. 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. 97–415, § 19, 

96 Stat. 2067 (1983).

42 USC 2021 

42 USC 2014.

42 USC 2021.

42 USC 2014.

42 USC 2022.

42 USC 2014.

42 USC 2021.

42 USC 2021.
518 Uranium Mill Tailings Radiation Control Act (P.L. 95–604)

case of a State which has exercised any authority under State law 

pursuant to an agreement entered into under section 274 of the Atomic 

Energy Act of 1954, the State authority over such byproduct material 

may be terminated, and the Commission authority over such material 

may be exercised, only after compliance by the Commission with the 

same procedures as are applicable in the case of termination of 

agreements under section 274j. of the Atomic Energy Act of 1954.

Sec. 205. Authorities of Commission Respecting Certain Byproduct 

Material

(a) Chapter 8 of the Atomic Energy Act of 1954, is amended by 

adding the following new section at the end thereof:

Sec. 84. Authorities of Commission Respecting Certain Byproduct 

Material.

a. The Commission shall insure that the management of any 

byproduct material, as defined in section 11e.(2), is carried out in such 

manner as–

(1) the Commission deems appropriate to protect the public health 

and safety and the environment from radiological and nonradiological 

hazards associated with the processing and with the possession and 

transfer of such material,

(2) conforms with applicable general standards promulgated by 

the Administrator of the Environmental Protection Agency under 

section 275, and

(3) conforms to general requirements established by the 

Commission, with the concurrence of the Administrator, which are, to 

the maximum extent practicable, at least comparable to requirements 

applicable to the possession, transfer, and disposal of similar 

hazardous material regulated by the Administrator under the Solid 

Waste Disposal Act, as amended.

b. In carrying out its authority under this section, the Commission is 

authorized to–

(1) by rule, regulation, or order require persons, officers, or 

instrumentalities exempted from licensing under section 81 of this 

Act to conduct monitoring, perform remedial work, and to comply 

with such other measures as it may deem necessary or desirable to 

protect health or to minimize danger to life or property, and in 

connection with the disposal or storage of such byproduct material; 

and

(2) make such studies and inspections and to conduct such 

monitoring as may be necessary.

Any violation by any person other than the United States or any officer 

or employee of the United States or a State of any rule, regulation, or 

order or licensing provision, of the Commission established under this 

section or section 83 shall be subject to a civil penalty in the same 

manner and in the same amount as violations subject to a civil penalty 

under section 234.

Nothing in this section affects any authority of the Commission under 

any other provision of this Act.

(b) The first sentence of section 81 of the Atomic Energy Act of 

1954, is amended to read as follows: No person may transfer or receive 

in interstate commerce, manufacture, produce, transfer, acquire, own, 

possess, import, or export any byproduct material, except to the extent 

authorized by this section, section 82 or section 84.

42 USC 2114.

42 USC 2114.

42 USC 6091.

Rule, 

regulation, or 

order.

42 USC 2111.

Civil penalty.

42 USC 2282.

42 USC 2111.

42 USC 2112.
Uranium Mill Tailings Radiation Control Act (P.L. 95–604) 519

(c) The table of content for such chapter 8 is amended by inserting the 

following new item after the item relating to section 83:

Sec. 84. Authorities of Commission respecting certain byproduct 

material.

Sec. 206. Authority of Environmental Protection Agency Respecting 

Certain Byproduct Material

(a) Chapter 19 of the Atomic Energy Act of 1954, is amended by 

inserting after section 274 the following new section:

Sec. 275. Health and Environmental Standards For Uranium Mill 

Tailings.–

a. As soon as practicable, but not later than one year after the date of 

enactment of this section, the Administrator of the Environmental 

Protection Agency (hereinafter referred to in this section as the 

"Administrator") shall, by rule, promulgate standards of general 

application (including standards applicable to licenses under section 

104(h) of the Uranium Mill Tailings Radiation Control Act of 1978) for 

the protection of the public health, safety, and the environment from 

radiological and nonradiological hazards associated with residual 

radioactive materials (as defined in section 101 of the Uranium Mill 

Tailings Radiation Control Act of 1978) located at inactive uranium mill 

tailings sites and depository sites for such materials selected by the 

Secretary of Energy, pursuant to title I of the Uranium Mill Tailing 

Radiation Control Act of 1978. Standards promulgated pursuant to this 

subsection shall, to the maximum extent practicable, be consistent with 

the requirements of the Solid Waste Disposal Act, as amended. The 

Administrator may periodically revise any standard promulgated 

pursuant to this subsection.

b. (1) As soon as practicable, but not later than eighteen months after 

the enactment of this section, the Administrator shall, by rule, 

promulgate standards of general application for the protection of the 

public health, safety, and the environment from radiological and 

nonradiological hazards associated with the processing and with the 

possession, transfer, and disposal of byproduct material, as defined in 

section 11e.(2) of this Act, at sites at which ores are processed primarily 

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

such byproduct material.

(2) Such generally applicable standards promulgated pursuant to 

this subsection for nonradiological hazards shall provide for the 

protection of human health and the environment consistent with the 

standards required under subtitle C of the Solid Waste Disposal Act, 

as amended, which are applicable to such hazards: Provided, 

however, That no permit issued by the Administrator is required 

under this Act or the Solid Waste Disposal Act, as amended, for the 

processing, possession, transfer, or disposal of byproduct material, as 

defined in section 11e.(2) of this Act. The Administrator may 

periodically revise any standard promulgated pursuant to this 

subsection. Within three years after such revision of any such 

standard, the Commission and any State permitted to exercise 

authority under section 274b.(2) shall apply such revised standard in 

the case of any license for byproduct material as defined in section 

11e.(2) or any revision thereof.

Supra.

42 USC 2022.

Rule.

42 USC 6901 

note.

42 USC 2014.

Rule.

42 USC 2021.
520 Uranium Mill Tailings Radiation Control Act (P.L. 95–604)

c. (1) Before the promulgation of any rule pursuant to this section, the 

Administrator shall publish, the proposed rule in the Federal Register, 

together with a statement of the research, analysis, and other available 

information in support of such proposed rule, and provide a period of 

public comment of at least thirty days for written comments thereon and 

an opportunity, after such comment period and after public notice, for 

any interested person to present oral data, views, and arguments at a 

public hearing. There shall be a transcript of any such hearing. The 

Administrator shall consult with the Commission and the Secretary of 

Energy before promulgation of any such rule.

(2) Judicial review of any rule promulgated under this section 

may be obtained by any interested person only upon such person 

filing a petition for review within sixty days after such promulgation 

in the United States court of appeals for the Federal judicial circuit in 

which such person resides or has his principal place of business. A 

copy of the petition shall be forthwith transmitted by the clerk of 

court to the Administrator. The Administrator thereupon shall file in 

the court the written submissions to, and transcript of, the written or 

oral proceedings on which such rule was based as provided in section 

2112 of title 28, United States Code. The court shall have jurisdiction 

to review the rule in accordance with chapter 7 of title 5, United 

States Code, and to grant appropriate relief as provided in such 

chapter. The judgment of the court affirming, modifying, or setting 

aside, in whole or in part, any such rule shall be final, subject to 

judicial review by the Supreme Court of the United States upon 

certiorari or certification as provided in section 1254 of title 28, 

United States Code.

(3) Any rule promulgated under this section shall not take effect 

earlier than sixty calendar days after such promulgation.

d. Implementation and enforcement of the standards promulgated 

pursuant to subsection b. of this section shall be the responsibility of the 

Commission in the conduct of its licensing activities under this Act. 

States exercising authority pursuant to section 274b.(2) of this Act shall 

implement and enforce such standards in accordance with subsection o. 

of such section.

e. Nothing in this Act applicable to byproduct material, as defined in 

section 11e.(92) of this Act, shall affect the authority of the 

Administrator under the Clean Air Act of 1970, as amended, or the 

Federal Water Pollution Control Act, as amended.

(b) The table of contents for chapter 19 of the Atomic Energy Act is 

amended by inserting the following new item after the item relating to 

section 274:

Sec. 275. Health and Environmental Standards for Uranium Tailings.

Sec. 207. Authorization of Appropriation for Grants

There is hereby authorized to be appropriated for fiscal year 1980 to 

the Nuclear Regulatory Commission not to exceed $500,000 to be used 

for making grants to States which have entered into agreements with the 

Commission under section 274 of the Atomic Energy Act of 1954, to aid 

in the development of State regulatory programs under such section 

which implement the provisions of this Act.

Sec. 208. Effective Date

Except as otherwise provided in this title the amendments made by 

this title shall take effect on the date of the enactment of this Act.

Notice, hearing 

opportunity.

Publication in 

Federal 

Register.

Consultation.

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.

42 USC 2014 

note.
Uranium Mill Tailings Radiation Control Act (P.L. 95–604) 521

Sec. 209. Consolidation of Licenses and Procedures

The Regulatory Commission shall consolidate, to the maximum 

extent practicable, licenses and licensing procedures under amendments 

made by this title with licenses and licensing procedures under other 

authorities contained in the Atomic Energy Act of 1954.

Title III–Study and Designation of Two Mill Tailings Sites in New 

Mexico

Sec. 301. Study

The Commission, in consultation with the Attorney General and the 

Attorney General of the State of New Mexico, shall conduct a study to 

determine the extent and adequacy of the authority of the Commission 

and the State of New Mexico to require, under the Atomic Energy Act of 

1954 (as amended by title II of this Act) or under State authority as 

permitted under section 274 of such Act or under other provision of law, 

the owners of the following active uranium mill sites to undertake 

appropriate action to regulate and control all residual radioactive 

materials at such sites to protect public health, safety, and the 

environment: the former Homestake- New Mexico Partners site near 

Milan, New Mexico, and the Anaconda carbonate process tailing site 

near Bluewater, New Mexico. Such study shall be completed and a report 

thereof submitted to the Congress and to the Secretary within one year 

after enactment of this Act, together with such recommendations as may 

be appropriate. If the Commission determines that such authority is not 

adequate to regulate and control such materials at such sites in the 

manner provided in the first sentence of this section, the Commission 

shall include in the report a statement of the basis for such determination. 

Nothing in this Act shall be construed to prevent or delay action by a 

State as permitted under section 274 of the Atomic Energy Act of 1954 

or under any other provision of law or by the Commission to regulate 

such residual radioactive materials at such sites prior to completion of 

such study.

Sec. 302. Designation by Secretary

(a) Within ninety days from the date of his receipt of the report and 

recommendations submitted by the Commission under section 301, 

notwithstanding the limitations contained in section 301, notwithstanding 

the limitations contained in section 101(6)(A) and in section 115(a), if 

the Commission determines, based on such study, that such sites cannot 

be regulated and controlled by the State or the Commission in the manner 

described in section 301, the Secretary may designate either or both of 

the sites referred to in section 301 as a processing site for purposes of 

title I. Following such designation, the Secretary may enter into 

cooperative agreements with New Mexico to perform remedial action 

pursuant to such title concerning only the residual radioactive materials 

at such site resulting from uranium produced for sale to a Federal agency 

prior to January 1, 1971, under contract with such agency. Any such 

designation shall be submitted by the Secretary, together with his 

estimate of the cost of carrying out such remedial action at the designated 

site, to the Committee on Interior and Insular Affairs and the Committee 

on Interstate and Foreign Commerce of the House of Representatives and 

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

(b)(1) No designation under subsection (a) shall take effect before the 

expiration of one hundred and twenty calendar days (not including any 

day in which either House of Congress is not in session because of an 

adjournment of more than three calendar days to a day certain or an 

42 USC 2011 

note.

42 USC 2113 

note.

42 USC 7941.

42 USC 2021.

Report to 

Congress.

42 USC 7942.

Submittal to 

congressional 

committees.
522 Uranium Mill Tailings Radiation Control Act (P.L. 95–604)

adjournment sine die) after receipt by such Committees of such 

designation.

(c) Except as otherwise specifically provided in subsection (a), any 

remedial action under title I with respect to any sites designated under 

this title shall be subject to the provisions of title I (including the 

authorization of appropriations referred to in section 112(b)).
Pertinent Provisions—Energy Policy Act of 1992 (P.L. 102–486) 523

B. PERTINENT PROVISIONS OF THE ENERGY POLICY ACT 

OF 1992—(REMEDIAL ACTION AND URANIUM 

REVITALIZATION) 

Public Law 102–486 106 Stat. 2946

October 24, 1992

* * * *

Title X–Remedial Action and Uranium Revitalization

Subtitle A–Remedial Action at Active Processing Sites

Sec. 1001. Remedial Action Program

(a) IN GENERAL. Except as provided in subsection (b), the costs of 

decontamination, decommissioning, reclamation, and other remedial 

action at an active uranium or thorium processing site shall be borne by 

persons licensed under section 62 or 81 of the Atomic Energy Act of 

1954 (42 U.S.C. 2091, 2111) for any activity at such site which results or 

has resulted in the production of byproduct material.

(b) REIMBURSEMENT–

(1) IN GENERAL–The Secretary of Energy shall, subject to 

paragraph (2), reimburse at least annually a licensee described in 

subsection (a) for such portion of the costs described in such 

subsection as are–

(A) determined by the Secretary to be attributable to 

byproduct material generated as an incident of sales to the United 

States; and

(B) either–

(i) incurred by such licensee not later than December 31, 

2007; or

(ii) incurred by a licensee after December 31, 2007, in 

accordance with a plan for subsequent decontamination, 

decommissioning, reclamation, and other remedial action 

approved by the Secretary.1

(2) AMOUNT.–

(A) To Individual Active Site Uranium Licensees.–The 

amount of reimbursement paid to any licensee under paragraph 

(1) shall be determined by the Secretary in accordance with 

regulations issued pursuant to section 2296a-l of this title and, for 

uranium mill tailings only, shall not exceed an amount equal to 

$6.25 multiplied by the dry short tons of byproduct material 

located on October 24, 1992 at the site of the activities of such 

licensee described in subsection (a) of this section, and generated 

as an incident of sales to the United States.2

––––––––

1 Amended by P.L. 104–259, § 3(a), 110 Stat. 3173 (1996); P.L. 105–388, § ll(a), 

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. 105–388, § ll(a), 

112 Stat. 3484 (1998); P.L. 106–317, § 1, 114 Stat. 1277 (2000).

42 USC 2296a.
524 Pertinent Provisions—Energy Policy Act of 1992 (P.L. 102–486)

(B) TO ALL ACTIVE SITE URANIUM LICENSEES–

Payments made under paragraph (1) to active site uranium 

licensees shall not in the aggregate exceed $350,000,000.3

(C) TO THORIUM LICENSEES–Payments made under 

paragraph (1) to the licensee of the active thorium site shall not 

exceed $ 365,000,000, and may only be made for off-site 

disposal. Such payments shall not exceed the following amounts:

 (i) $ 90,000,000 in fiscal year 2002.

 (ii) $ 55,000,000 in fiscal year 2003.

 (iii) $ 20,000,000 in fiscal year 2004.

 (iv) $ 20,000,000 in fiscal year 2005.

 (v) $ 20,000,000 in fiscal year 2006.

 (vi) $ 20,000,000 in fiscal year 2007.4

(D) INFLATION ESCALATION INDEX–The amounts in 

subparagraphs (A), (B), and (C) of this paragraph shall be 

increased annually based upon an inflation index. The Secretary 

shall determine the appropriate index to apply.

(E) ADDITIONAL REIMBURSEMENT–

(i) DETERMINATION OF EXCESS–The Secretary shall 

determine as of July 31, 2005, whether the amount authorized 

to be appropriated pursuant to section 1003, when considered 

with the $6.255 per dry short ton limit on Reimbursement, 

exceeds the amount reimbursable to the licensees under 

subsection (b)(2).

(ii) IN THE EVENT OF EXCESS–If the Secretary 

determines under clause (i) that there is an excess, the 

Secretary may allow reimbursement in excess of $6.25 per dry 

short ton on a prorated basis at such sites where the costs 

reimbursable under subsection (b)(1) of this section exceed the 

$6.25 per dry short ton limitation described in paragraph (2) of 

such subsection.6

(3) BYPRODUCT LOCATION–Notwithstanding the requirement 

of paragraph (2)(A) that byproduct material be located at the site on 

the date of the enactment of this Act, byproduct material moved from 

the site of the Edgemont Mill to a disposal site as the result of the 

decontamination, decommissioning, reclamation, and other remedial 

action of such mill shall be eligible for reimbursement to the extent 

eligible under paragraph (1).

Sec. 1002. Regulations

Within 180 days of the date of the enactment of this Act, the 

Secretary shall issue regulations government reimbursement under 

section 1001. An active uranium or thorium processing site owner shall 

apply for reimbursement hereunder by submitting a request for the 

amount of reimbursement together with reasonable documentation in 

support thereof, to the Secretary. Any such request for reimbursement, 

supported by reasonable documentation, shall be approved by the 

––––––––

3 Amended by P.L. 104–259, § 3(a), 110 Stat. 3173 (1996); P.L. 105–388, § ll(a), 

112 Stat. 3484 (1998); P.L. 106–317, § 1, 114 Stat. 1277 (2000). 4 Amended by P.L. 104–259, § 3(a), 110 Stat. 3173 (1996); P.L. 105–388, 

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. 105–388, § ll(a), 

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. 105–388, § ll(a), 

112 Stat. 3484 (1998); P.L. 106–317, § 1, 114 Stat. 1277 (2000).

42 USC 2296a-1.
Pertinent Provisions—Energy Policy Act of 1992 (P.L. 102–486) 525

Secretary and reimbursement therefor shall be made in a timely manner 

subject only to the limitations of section 1001.

Sec. 1003. Authorization of Appropriations

(a) IN GENERAL–There is authorized to be appropriated

$715,000,000 to carry out this part. The aggregate amount authorized in 

the preceding sentence shall be increased annually as provided in section 

2296a of this title, based upon an inflation index to be determined by the 

Secretary.7

(b) SOURCE.–Funds described in subsection (a) shall be provided 

from the Fund established under section 1801 of the Atomic Energy Act 

of 1954.

Sec. 1004. Definitions

For purposes of this subtitle:

(1) The term "active uranium or thorium processing site" means–

(A) any uranium or thorium processing site, including the mill 

containing byproduct material for which a license (issued by the 

Nuclear Regulatory Commission or its predecessor agency under 

the Atomic Energy Act of 1954, or by a State as permitted under 

section 274 of such Act (42 U.S.C. 2021)) for the production at 

such site of any uranium or thorium derived from ore–

(i) was in effect on January 1, 1978;

(ii) was issued or renewed after January 1, 1978; or

(iii) for which an application for renewal or issuance was 

pending on, or after January 1, 1978; and

(B) any other real property or improvement on such real property 

that is determined by the Secretary or by a State as permitted under 

section 274 of the Atomic Energy Act of l954 (42 U.S.C. 2021) to 

be–

(i) in the vicinity of such site; and

(ii) contaminated with residual byproduct material;

(2) The term "byproduct material" has the meaning given such 

term in section 11e.(2) of the Atomic Energy Act of 1954, (42 U.S.C. 

2014(e)(2)); and

(3) The term "decontamination, decommissioning, reclamation, 

and other remedial action" means work performed prior to or 

subsequent to the date of the enactment of this Act which is necessary 

to comply with all applicable requirements of the Uranium Mill 

Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et. seq.), or 

where appropriate, with requirements established by a State that is a 

party to a discontinuance agreement under section 274 of the Atomic 

Energy Act of 1954 (42 U.S.C. 2021).

Subtitle B–Uranium Revitalization

Sec. 1011. Overfeed Program

(a) URANIUM PURCHASES–To the maximum extent permitted by 

sound business practice, the Corporation shall purchase uranium in 

accordance with subsection (b) and overfeed it into the enrichment 

process to reduce the amount of power required to produce the enriched 

uranium ordered by enrichment services customers, taking into account 

costs associated with depleted tailings.

––––––––

7 Amended by P.L. 104–259, § 3(b), 110 Stat. 3174 (1996); P.L. 105–388, § 11(b), 

112 Stat. 3485, November 13, 1998; P.L. 107–222, § 1(b), struck out “$490,000,000” and 

inserted “$715,000,000.”

42 USC 2296a-2.

42 USC 2296a-3.

42 USC 2296b.
526 Pertinent Provisions—Energy Policy Act of 1992 (P.L. 102–486)

(b) USE OF DOMESTIC URANIUM–Uranium purchased by the 

Corporation for purposes of this section shall be of domestic origin and 

purchased from domestic uranium producers to the extent permitted 

under the multilateral trade agreements (as defined in section 2(4) of the 

Uruguay Round Agreements Act and the North American Free Trade 

Agreement.8

Sec. 1012. National Strategic Uranium Reserve

There is hereby established the National Strategic Uranium Reserve 

under the direction and control of the Secretary. The Reserve shall 

consist of natural uranium and uranium equivalents contained in 

stockpiles or inventories currently held by the United States for defense 

purposes. Effective on the date of the enactment of this Act and for 6 

years thereafter, use of the Reserve shall be restricted to military 

purposes and government research. Use of the Department of Energy’s 

stockpile of enrichment tails existing on the date of the enactment of this 

Act shall be restricted to military purposes for 6 years thereafter.

Sec. 1013. Sale of Remaining DOE Inventories

The Secretary, after making the transfer required under section 1407 

of the Atomic Energy Act of 954, may sell, from time to time, portions 

of the remaining inventories of raw or low-enriched uranium of the 

Department that are not necessary to national security needs, to the 

Corporation, at a fair market price. Sales under this section may be made 

only if such sales will not have a substantial adverse impact on the 

domestic uranium mining industry. Proceeds from sales under this 

subsection shall be deposited into the general fund of the United States 

Treasury.

Sec. 1014. Responsibility for the Industry

(a) CONTINUING SECRETARIAL RESPONSIBILITY–The 

Secretary shall have a continuing responsibility for the domestic uranium 

industry to encourage the use of domestic uranium. The Secretary, in 

fulfilling this responsibility, shall not use any supervisory authority over 

the Corporation. The Secretary shall report annually to the appropriate 

committees of Congress on action taken with respect to the domestic 

uranium industry, including action to promote the export of domestic 

uranium pursuant to subsection (b).

(b) ENCOURAGE EXPORT.–The Department, with the cooperation 

of the Department of Commerce, the United States Trade Representative 

and other governmental organization, shall encourage the export of 

domestic uranium. Within 180 days after the date of the enactment of this 

Act, the Secretary shall develop recommendations and implement 

government programs to promote the export of domestic uranium.

Sec. 1015. Annual Uranium Purchase Reports

(a) IN GENERAL–By January 1 of each year, the owner or operator 

of any civilian nuclear power reactor shall report to the Secretary, acting 

through the Administrator of the Energy Information Administration, for 

activities of the previous fiscal year–

(1) the country of origin and the seller of any uranium or enriched 

uranium purchased or imported into the United States either directly 

or indirectly by such owner or operator, and

(2) the country of origin and the seller of any enrichment services 

purchased by such owner or operator.

––––––––

8 Amended by P.L. 102–486, Title X, § 1011, 106 Stat. 2948 (1992); P.L. 106–36, 

Title I, § 1002(g)(1), 113 Stat. 133 (1999).

42 USC 2296b-1.

42 USC 2296b-2.

42 USC 2296b-3.

42 USC 2296b-4.
Pertinent Provisions—Energy Policy Act of 1992 (P.L. 102–486) 527

(b) CONGRESSIONAL ACCESS–The information provided to the 

Secretary pursuant to this section shall be made available to the Congress 

by March 1 of each year.

Sec. 1016. Uranium Inventory Study

Within one year after the date of the enactment of this Act, the 

Secretary shall submit to the Congress a study and report that includes–

(1) a comprehensive inventory of all Government owned uranium 

or uranium equivalents, including natural uranium, depleted tailings, 

low-enriched uranium, and highly enriched uranium available for 

conversion to commercial use;

(2) a plan for the conversion of inventories of foreign and 

domestic highly enriched uranium to low-enriched uranium for 

commercial use;

(3) an estimation of the potential need of the United States for 

inventories of highly enriched uranium;

(4) an analysis and summary of technological requirements and 

costs associated with converting highly enriched uranium to lowenriched uranium, including the construction of facilities if necessary;

(5) an estimation of potential net proceeds from the conversion 

and sale of highly enriched uranium;

(6) recommendations for implementing a plan to convert highly 

enriched uranium to low-enriched uranium; and

(7) recommendations for the future use and disposition of such 

inventories.

Sec. 1017. Regulatory Treatment of Uranium Purchases

(a) ENCOURAGEMENT–The Secretary shall encourage States and 

utility regulatory authorities to take into consideration the achievement 

of the objectives and purposes of this subtitle, including the national need 

to avoid dependence on imports, when considering whether to allow the 

owner or operator of any electric power plant to recover in its rates and 

charges to customers any cost of purchase of domestic uranium, enriched 

uranium, or enrichment services from a non-affiliated seller greater than 

the cost of non-domestic uranium, enriched uranium or enrichment 

services.

(b) REPORT.–Within 1 year after the date of the enactment of this 

Act, and annually thereafter, the Secretary shall report to the Congress on 

the progress of the Secretary in encouraging actions by State regulatory 

authorities pursuant to subsection (a). Such report shall include detailed 

information on programs initiated by the Secretary to encourage 

appropriate State regulatory action and recommendations, if any, on 

further action that could be taken by the Secretary, other Federal 

agencies, or the Congress in order to further the purposes of this subtitle.

(c) SAVINGS PROVISION.–This section may not be construed to 

authorize the Secretary to take any action in violation of the multilateral 

trade agreements (as defined in section 2(4) of the Uruguay Round 

Agreements Act) or the North American Trade Agreement.9

Sec. 1018. Definitions

For purposes of this subtitle:

(1) The term "Corporation" means the United States Enrichment 

Corporation established under section 1301 of the Atomic Energy Act 

of 1954, as added by this Act or its successor.10 11

––––––––

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, Ch. 1, Subch. A, § 3117(b), 110 Stat. 1321–350 

(1996).

42 USC 2296b-5.

42 USC 2296b-6.

42 USC 2296b-7.
528 Pertinent Provisions—Energy Policy Act of 1992 (P.L. 102–486)

(2) The term "country of origin" means–

(A) with respect to uranium, that country where the uranium 

was mined;

(B) with respect to enriched uranium, that country where the 

uranium was mined and enriched; or

(C) with respect to enrichment services, that country where the 

enrichment services were performed.

(3) The term "domestic origin" refers to any uranium that has 

been mined in the United States including uranium recovered from 

uranium deposits in the United States by underground mining, openpit mining, strip mining, in situ recovery, leaching, and ion recovery, 

or recovered from phosphoric acid manufactured in the United States.

(4) The term "domestic uranium producer" mans a person or 

entity who produces domestic uranium and who has, to the extent 

required by State and Federal agencies having jurisdiction, licenses 

and permits for the operation, decontamination, decommissioning, 

and reclamation of sites, structures and equipment.

(5) The term "non-affiliated" refers to a seller who does not 

control, and is not controlled by or under common control with the 

buyer.

(6) The term "overfeed" means to use uranium in the enrichment 

process in excess of the amount required at the transactional tails 

assay.

(7) The term "utility regulatory authority" means any State agency 

or Federal agency that has ratemaking authority with respect to the 

sale of electric energy by an electric utility or independent power 

producer. For purposes of this paragraph, the terms "electric utility", 

"State agency", "Federal agency", and "ratemaking authority" have 

the respective meanings given such terms in section 3 of the Public 

Utility Regulatory Policies Act of 1978.

 11 Amended by P.L. 104–134, Title III, § 3117(b), 110 Stat. 1321–350 (1996).
Nat. Def. Auth. FY 2001 (Actions at Moab) (P.L. 106–398) 529

C. NATIONAL DEFENSE AUTHORIZATION 

FISCAL YEAR 2001—(PROVISIONS PERTAINING 

TO REMEDIAL ACTION AT MOAB SITE)

Public Law 106–398 114 Stat. 1654A–484

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 Strom Thurmond 

National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 

7420 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 for 

remediation, including ground water restoration, of the Moab site 

in accordance with title I of the Uranium Mill Tailings Radiation 

Control Act of 1978 (42 U.S.C. 7911 et seq.). The Secretary of 

Energy shall enter into arrangements with the National Academy 

of Sciences to obtain the technical advice, assistance, and 

recommendations of the National Academy of Sciences in 

objectively evaluating the costs, benefits, and risks associated 

with various remediation alternatives, including removal or 

treatment of radioactive or other hazardous materials at the site, 

ground water restoration, and long-term management of residual 

contaminants. If the Secretary prepares a remediation plan that is 

not consistent with the recommendations of the National 

Academy of Sciences, the Secretary shall submit to Congress a 

report explaining the reasons for deviation from the National 

Academy of Sciences' recommendations.

(B) The remediation plan required by subparagraph (A) shall 

be completed not later than one year after the date of the 

enactment of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 [enacted Oct. 30, 2000], 

and the Secretary of Energy shall commence remedial action at 

the Moab site as soon as practicable after the completion of the 

plan.

(C) The license for the materials at the Moab site issued by the 

Nuclear Regulatory Commission shall terminate one year after 

the date of the enactment of the Floyd D. Spence National 

Defense Authorization Act for Fiscal Year 2001 [enacted Oct. 30, 

2000], unless the Secretary of Energy determines that the license 

may be terminated earlier. Until the license is terminated, the 

Trustee, subject to the availability of funds appropriated 

specifically for a purpose described in clauses (i) through (iii) or 

made available by the Trustee from the Moab Mill Reclamation 

Trust, may carry out–

(i) interim measures to reduce or eliminate localized high 

ammonia concentrations in the Colorado River, identified by 

the United States Geological Survey in a report dated March 

27, 2000;

(ii) activities to dewater the mill tailings at the Moab site; 

and

10 USC 7420 

note.
530 Nat. Def. Auth. FY 2001 (Actions at Moab) (P.L. 106–398)

(iii) other activities related to the Moab site, subject to the 

authority of the Nuclear Regulatory Commission and in 

consultation with the Secretary of Energy.

(D) As part of the remediation plan for the Moab site required 

by subparagraph (A), the Secretary of Energy shall develop, in 

consultation with the Trustee, the Nuclear Regulatory 

Commission, and the State of Utah, an efficient and legal means 

for transferring all responsibilities and title to the Moab site and 

all the materials therein from the Trustee to the Department of 

Energy.

(2) The Secretary of Energy shall limit the amounts expended in 

carrying out the remedial action under paragraph (1) to–

(A) amounts specifically appropriated for the remedial 

action in an appropriation Act; and

(B) other amounts made available for the remedial action 

under this subsection.

(3)(A) The royalty payments received by the Secretary of Energy 

under subsection (e) shall be available to the Secretary, without 

further appropriation, to carry out the remedial action under 

paragraph (1) until such time as the Secretary determines that all 

costs incurred by the United States to carry out the remedial 

action (other than costs associated with long-term monitoring) 

have been paid.

(B) Upon making the determination referred to in 

subparagraph (A), the Secretary of Energy shall transfer all 

remaining royalty amounts to the general fund of the Treasury 

and release to the Tribe the royalty interest retained by the United 

States under subsection (e).

(4)(A) Funds made available to the Department of Energy for 

national security activities shall not be used to carry out the 

remedial action under paragraph (1), except that the Secretary of 

Energy may use such funds for program direction directly related 

to the remedial action.

(B) There are authorized to be appropriated to the 

Secretary of Energy to carry out the remedial action under 

paragraph (1) such sums as are necessary.

(5) If the Moab site is sold after the date on which the Secretary of 

Energy completes the remedial action under paragraph (1), the 

seller shall pay to the Secretary of Energy, for deposit in the 

general fund of the Treasury, the portion of the sale price that the 

Secretary determines resulted from the enhancement of the value 

of the Moab site as a result of the remedial action. The enhanced 

value of the Moab site shall be equal to the difference between–

(A) the fair market value of the Moab site on the date of 

enactment of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 [enacted Oct. 30, 2000], 

based on information available on that date; and

(B) the fair market value of the Moab site, as appraised on 

completion of the remedial action.
Nat. Def. Auth. FY 2001 (Actions at Moab) (P.L. 106–398) 531

(6)1 (A) Not later than October 1, 2019, the Secretary of Energy 

shall complete remediation at the Moab site and removal of the 

tailings to the Crescent Junction site in Utah.

(B) In the event the Secretary of Energy is unable to 

complete remediation at the Moab Site by October 1, 2019, the 

Secretary shall submit to Congress a plan setting forth the 

projected completion date and the estimated funding to meet the 

revised date. The Secretary shall submit the plan, if required, to 

Congress not later than October 2, 2019.

(b) URANIUM MILL TAILINGS–Section 102 of the Uranium Mill 

Tailings Radiation Control Act of 1978 (42 USC 7912) is amended by 

adding at the end the following new subsection:

“(f ) DESIGNATION OF MOAB SITE AS PROCESSING SITE–

(1) DESIGNATION–Notwithstanding any other provision of 

law, the Moab uranium milling site (referred to in this subsection 

as the ‘Moab site’) located approximately three miles northwest 

of Moab, Utah, and identified in the Final Environmental Impact 

Statement issued by the Nuclear Regulatory Commission in 

March 1996 in conjunction with Source Materials License No. 

SUA-917, is designated as a processing site.

(2) APPLICABILITY–This title applies to the Moab site in 

the same manner and to the same extent as to other processing 

sites designated under subsection (a), except that–

(A) sections 103, 104(b), 107(a), 112(a), and 115(a) of this 

title shall not apply; and

(B) a reference in this title to the date of the enactment of 

this Act shall be treated as a reference to the date of the 

enactment of this subsection.

(3) REMEDIATION–Subject to the availability of 

appropriations for this purpose, the Secretary shall conduct 

remediation at the Moab site in a safe and environmentally sound 

manner that takes into consideration the remedial action plan 

prepared pursuant to section 3405(i) of the Strom Thurmond 

National Defense Authorization Act for Fiscal Year 1999 (10 

USC 7420 note; Public Law 105-261), including–

(A) ground water restoration; and

(B) the removal, to a site in the State of Utah, for 

permanent disposition and any necessary stabilization, of 

residual radioactive material and other contaminated material 

from the Moab site and the floodplain of the Colorado River.''.

(c) CONFORMING AMENDMENT–Section 3406 of the Strom 

Thurmond National Defense Authorization Act for Fiscal Year 1999 (10 

USC 7420 note; Public Law 105-261) is amended by adding at the end 

the following new subsection:

(f ) Oil Shale Reserve Numbered 2.–This section does 

not apply to the transfer of Oil Shale Reserve Numbered 2 under 

section 3405.''.

––––––––

1 6(A) and (B) added by P.L. 110–181, Div. C, Title XXXIV, § 3402, 122 Stat. 590 

(2008).



NUREG

-0980

Vol. 1, No. 10

Nuclear Regulatory Legislation 112thCongress; 2ndSession