- NUREG-0980

Vol. 1, No. 7, Rev. 1

Nuclear Regulatory

Legislation

109th Congress; 2 nd Session

U.S. Nuclear Regulatory Commission

Office of the General Counsel

(

I
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NUREG-0980

Vol. 1, No. 7, Rev. 1

Nuclear Regulatory

Legislation

109th Congress; 2 nd Session

Date Published: June 2006

Office of the General Counsel

US. Nuclear Regulatory Commission

Washington, DC 20555-0001

zOJ We&,r

FOREWORD

This compilation of statutes and materials pertaining to nuclear regulatory

legislation through the 109th Congress, 2d 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

Christine Pierpoint, Legislative Specialist, Office of the General Counsel,

U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

This document is available from the NRC Home Page at

http://www.nrc.govlNRC/NUREGS/SR0980/index.html

This document is published in two bound volumes. You may purchase this

compilation from the U.S. Government Printing Office or the National Technical

Information Service.

Volume I - Page iii
I
TABLE OF CONTENTS

VOLUME 1.

Atomic Energy Act of 1954, as Amended (P.L. 83-703)

2. Energy Reorganization Act of 1974, as Amended (P.L. 93-438) * Reorganization Plan No. 3 of 1970 (EPA) " Reorganization Plan No. I of 1980 (NRC)

* Executive Order No. 11834, Activation of the NRC

" OMB Memorandum: Responsibility for Setting Radiation Protection Standards

" President's Commission on the Accident at Three Mile Island (12/7/79)

3. Low-Level Radioactive Waste Policy Amendments of 1985 (Title I)

(P.L. 99-240) (Title II-Compacts: See Volume II)

4. High-Level Radioactive Waste

* Nuclear Waste Policy Act, as amended (P.L. 97-425)

" Energy Policy Act of 1992 Provisions

* Defense Site Acceleration Completion

5. Uranium Mill Tailings (P.L. 95-604) * MOAB Site

6. Hazardous Materials Transportation Act, as Amended (P.L. 101-615)

* Transportation of Plutonium (Miscellaneous provisions)

7. NRC User Fees (P.L. 101-508)

8. Administrative Law Statutes

" Subchapter H-Administrative Procedures

" FOIA

" Privacy Act

• Government in the Sunshine Act

* Negotiated Rulemaking Act of 1990

* Administrative Dispute Resolution Act, as Amended (P.L. 101-552)

• Chapter 6-The Analysis of Regulatory Functions

" Chapter 7-Judicial Review

* Chapter 8-Congressional Review of Agency Rulemaking * Federal Advisory Committee Act (P.L. 92-463)

" Federal Vacancies Reform Act of 1998 (P.L. 105-277)

" Truth in Regulating Act of 2000 (P.L. 106-312)

* Alternative Resolution Act of 1998 (P.L. 105-315)

* Federal Civil Penalties Inflation Adjustment Act of 1990,

as Amended (P.L. 101-410)

Volume 1 - Page v
9. MISCELLANEOUS

* Antiterrorism (P.L. 107-56)

* Homeland Security (P.L. 107-107)

" DOE Workers Protection (P.L. 106-398; § 611)

* Tritium (P.L. 106-65; § 3134) " MOX Fuels (P.L. 105-261)

" Miscellaneous Nuclear DOE Provisions, Enacted by Public Law 108-58, the

Energy Policy Act of 2005 (P.L. 108-58),

" Energy & Water Development Appropriations Act, 2006 (P.L 109-103)*

*NOTE:

APPROPRIATIONS LAWS ARE IN VOLUME 2

THE FOLLOWING ITEM #7 IS A TEMPORARY POSTING

AND WILL BE MOVED TO VOLUME 2 AT ITS

NEXT PUBLICATION

Volume 1 - Page vi
TABLE OF CONTENTS

VOLUME 2

1. Commissioner Tenure

0 Tenure of AEC Commissioners * Tenure of NRC Commissioners

2. NRC Appropriations

* Tabulation of NRC Appropriations through Fiscal Year 2005

3. NRC Authorizations

4. Chief Financial Officers Act of 1990 (P.L. 101-576)

• Reports Consolidation Act of 2000 (P.L. 106-531)

5. Inspector General Act of 1978, as Amended (P.L. 95-452)

6. ,Information'Management

* Information Technology Management Reform Act of 1996

(Clinger-Cohen) (P.L. 104-106) 0 Paperwork Reduction Act of 1995, as Amended (P.L. 104-13) 0 Government Paperwork Elimination Act (P.L. 105-277)

• Data Quality (P.L. 106-554)

• Electronic Records and Signatures in Commerce (P.L. 106-229)

7. Low-Level Radioactive Waste Policy Amendments Act of 1985 and Text of

Low-Level Waste Compacts

• NW, Central, SE, Central Midwest, MW, Rocky Mountain, NE Interstate . Appalachian States Low-Level Radioactive Waste Compact Consent Act

* Southwestern Low-Level Radioactive Waste Disposal Compact Consent Act

• Texas Low-Level Radioactive Waste Disposal Compact Consent Act (P.L.

105-236)

8. -Clean Air Act of 1977, as Amended (Selected Sections) (P.L. 101-549)

9. Federal Water Pollution Control Act of 1972

10.7 National Environmental Policy Act of 1969, as Amended (P.L. 91-190)

11. West Valley Demonstration Project Act (P.L. 96-368)

12. Nuclear Non-Proliferation and Export Licensing Statutes

• Nuclear Non-Proliferation Act of 1978 (P.L. 95-242)

• International Atomic Energy Agency Participation Act of 1957 (P.L. 85-177)

and the Statute of the International Atomic Energy Agency

* International Security Assistance and Arms Export Control Act of 1976

(P.L. 94-329)

• International Security and Development Cooperation Act of 1980

(P.L. 96-533)

Volume 1 - Page vii
* International Security and Development Cooperation Act of 1981

(P.L. 97-113)

• Convention on the Physical Protection of Nuclear Material Implementation Act

of 1982 (P.L. 97-351)

* Iraq Sanctions Act of 1990 (P.L. 101-513)

* Iran-Iraq Arms Non-Proliferation Act of 1992

* Subtitle B-North Korea Threat Reduction (P.L. 106-4113)

* Iran Non-Proliferation Act of 2000 (P.L. 106-178).

13. Miscellaneous: Selected Treaties, Agreements and Executive Orders

* Nuclear Non-Proliferation Treaty * Convention on the Physical Protection of Nuclear Material

• Convention on Early Notification of a Nuclear Accident

* Convention on Nuclear Safety

* Convention on Assistance in the Case of a Nuclear Accident or Radiological

Emergency * Additional Protocol I to the Treaty for the Prohibition of Nuclear Weapons in

Latin America

" Agreement between the United States and The International Atomic Energy

Agency for the Application of Safeguards in the United States

• Status with Regard to Conclusion of Safeguards Agreements and Additional

Protocol

* IAEA Supply Agreements

* United States Agreements for Peaceful Nuclear Cooperation

* Agreements for Coopeiation in the Use of Atomic Energy

* Convention of the Prevention of Marine Pollution by Dumping of Wastes and

Other Matters

* Executive Orders and Presidential Statements Concerning International Atomic

Energy Cooperation'

. Executive Order, 10841 (re: International Atomic Energy Cooperation)

• Executive Order 10956 (re: Amdt. to E.O. 10841) ,

Executive Order 12058 (re:,Functions Relating to Nuclear NonProliferation) . Executive Order '12656 (re: Assignment of Emergency Preparedness

Responsibilities)

• Executive Order 12657 (re: FEMA Assistance in Emergency Preparedness

Planning it Commercial Nuclear Power Plants) , Executive Order 12730 (re: Continuation of Export Control Regulations)

* Code of Conduct on the Safety and Security of Radioactive Sources

* Joint Convention on the Safety of Spent Fuel Management and on the Safety of

Radioactive Waste Management

Volume 1 - Page viii
THE ATOMIC ENERGY ACT OF 1954

TABLE OF CONTENTS

TITLE I -ATOMIC ENERGY_

PAGE 42 USC

Sec.

DECLARATION, FINDINGS, ~CHAPTER AND PURPOSE1

Sec. 1. Declaration ................................ 1-9

Sec. 2. Findings .................................. .- 9

Sec. 3. Purpose .............................. ... 1-10

CHAPTER 2

DEFINITIONS 

... . 2

Sec. 11. Definitions ..... ........ .. 1-11

CHAPTER 3

ORGANIZATION

Sec. 23. Office ...... I ................................. 1-19

Sec. 24. General Manager, Deputy and Assistant General

M anagers ....................... ............. 1-20

Sec. 25. Divisions, Offices, and Positions ..................... 1-20

Sec. 26. General Advisory Committee .................... 1-22

Sec. 27. Military Liaison Committee .................... 1-22

Sec. 28. Appointment of-Army, Navy, or Air Force Officers .. ... 1-22

Sec. 29. Advisory Committee on Reactor Safeguards ........... 1-23

CHAPTER 4 .- RESEARCH

Sec. 31. Research Assistance,. ............. . . 1-23

Sec. 32. Research by the Commission 1-25

.Sec. 33. Research For Others ......... .............. 1-25

2011

2012

2013

2014

2033

2034

2035

2038

2039

• 2051

2052

2053

2061

2062 2063

2064

2071

2073

2074

2075

2076

2077

2078

CHAPTER 5

* PRODUCTION OF SPECIAL NUCLEAR MATERIAL

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

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

'.Sec. 43. Acquisition of Production Facilities .

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

'CHAPTER 6

SPECIAL NUCLEAR MATERIAL -

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

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

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

Sec. 55.' Acquisition .............................. Sec. 56. Guaranteed Purchase Prices .........................

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

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

1-25'

1-26

1-26

1-267

1-27 1-27

1-30

1-33

1-33

1-34 1-36.

Volume 1, Page 1-1
PAGE 42 USC

Sec.

CHAPTER 7

SOURCE MATERIALSec. 61. Source Material ............................. 1-36 2091

Sec. 62. License For Transfers Required ...................... 1-37 2092

Sec. 63. Domestic Distribution of Source Material .............. 1-37 2093

Sec. 64. Foreign Distribution of Source Material ............... 1-37 2094

Sec. 65. Reporting ........... . ................. 1-38 2095

Sec. 66. Acquisition .. .............. ...... ......... .... 1-38 2096

Sec. 67. Operations on Lands Belonging to the United States ..... ,1-38 2097

'Sec. 68. Public and Acquired Lands ............ ......... 1-39 2098

Sec. 69. Prohibition ................................ 1-40 2099

CHAPTER 8

BYPRODUCT MATERIAL

Sec. 81. Domestic Distribution ............... ... 1-40 2111

Sec. 82. Foreign Distribution of Byproduct Material ........... 1-43 2112

Sec. 83. Ownership and Custody of Certain Byproduct

Material and Disposable Sites ................. 1-44 2113

Sec. 84. Authorities of Commission Respecting Certain

Byproduct Material........................... 1-46 2114

CHAPTER 9

MILITARY APPLICATION OF ATOMIC ENERGY

Sec. 91. Authority ................................. 1-47 2121

Sec. 92. , Prohibition ................. .............. 1-49 2122

CHAPTER 10

ATOMIC ENERGY LICENSES

Sec. 101. License Required ................................. 1-49 2131

Sec. 102. Utilization and Production Facilities For Industrial or

Commercial Purposes .... ................. 1-49 2132

Sec. 103. Commercial Licenses ......................... 1-50 2133

Sec. 104. Medical Therapy and Research and Development ........ 1-51 2134

Sec. 105. Antitrust Provisions .......... ................ 1-52 2135

Sec. 106. Classes of Facilities ......... ................. 1-54 2136

Sec. 107. Operators' Licenses ......................... . 1-54 2137 Sec. 108. War or National Emergency....................... 1-55 2138

Sec. 109. Component and Other Parts of Facilities ................ 1-55 2139

Sec. 110. Exclusions "...1-56 2140

Sec. 111. Distribution By the Department of Energy ............ 1-56 2141

CHAPTER 11

INTERNATIONAL ACTIVITIES

Sec. 121. Effect of International Arrangements ....... 1-57 2151

Sec. 122. Policies Contained in International Arrangements ........ 1-57 2152

Sec. 123. Cooperation with Other Nations.................. 1-57 2073

.Sec. 124. International Atomic Pool ...................... 1-62 2154

Sec. 125. Cooperation With Berlin ....................... 1-62 2153

Sec. 126.ý Export Licensing Procedures ................. ... 1-63 2112

Volume 1, Page 1-2
PAGE 42 USC

Sec.

Sec. 127.

Sec. 128.

Sec. 129.

Sec. 130.

Sec. 131.

Sec. 132.

Sec. 133.

Sec. 134.

Criteria Governing United States Nuclear Exports ....... 1-67

Additional Export Criterion and Procedures ............ 1-68

Conduct Resulting in Termination of Nuclear Exports: .... 1-69

Congressional Review Procedures ................. 1-71

Subsequent Arrangements ................ ...... 1-74

Authority to Suspend Nuclear Cooperation with Nations

which Have Not Ratified the Convention on the

Physical Security of Nuclear Material ............. 1-79

Consultation with the Department of Defense Concerning

Certain Exports and Subsequent Arrangements ...... 1-79

Further Restrictions on Exports ...................... 1-79

2156

2157

2158

2121

2121

2160b

2160c

2160d

CHAPTER 12

CONTROL OF INFORMATION

Sec. 141. Policy ......................................... 1-83

Sec. 142. Classification and Declassification of Restricted Data .... 1-83

Sec. 143. Department of Defense Participation .................. 1-84

Sec. 144. International Cooperation ...................... 1-84

Sec. 145. Restrictions ....................... ....... 1-86

Sec. 146. General Provisions ....................... 1-89

Sec. 147. Safeguards Information ........................ 1-89

Sec. 148. Prohibition Against the Dissemination of Certain

Unclassified Information .................... 1-91

Sec. 149. Fingerprinting for Criminal History Record Checks ...... 1-93

CHAPTER 13

PATENTS AND INVENTIONS

-Sec. 15 . Inventions Relating to Atomic Weapons, and Filing..:

of Reports ........... ........... 1-96

Sec. 152. Inventions Made or Conceived During Commission

Contracts .............................. 1-97

Sec. 153., Nonmilitary Utilization .......... ................. 1-99

Sec. 154. Injunctions ................. ... .......... ..... 1-101

Sec. 155. Prior Art ................... 1-101

Sec. 156. Commission Patent Licenses 1-101 Sec. 157. Compensation, Awards, and Royalties ............ 1-101

Sec. 158.: Monopolistic Use of Patents ..... ........ .. 1-102

Sec. 159. Federally Financed Research.. 1-103

Sec. 160. Saving Clause ................................. 1-103

2161

2162

2163

2164

2165

2166

2167

2168

2133

2181

2182

2183

2184

2185

2186

2187

2188

2189

2190

CHAPTER 14

GENERAL AUTHORITY

Sec. 161. General Provisions .... ..................... Sec. 161A. Use of Firearms by Security Personnel ............... Sec. 162.. Contracts .................................... . Sec. 163. Advisory Committees ............................

Sec. 164. Electric Utility Contracts .......................... Sec. 165. Contract Practices ........ .. ................. Sec. 166. Comptroller General Audit ........................

1-103

1-111

1-112

1-112

1-113

1-113

1-113

2201

2201a

2202

2203

2204

2205

2206

Volume 1, Page 1-3
PAGE 42 USC

Sec.

Sec. 167. Claims Settlements ý ... ...................... 1-114 2207

Sec. 168. Payments in Lieu of Taxes ......................... 1-114 2208

Sec. 169. No Subsidy .. ........................... .... 1-115 2209

Sec. 170. Indemnification and Limitation of Liability ........... 1-115 2210

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

Arrangements .............................. 1-135 2210a

Sec. 170B. Uranium Supply ........ .............. 1-136 2210b

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

Federal Retirees .................. ... i ......... 1-137 2201c

Sec. 170D. Security Evaluations .. ........ I....... . ... 1-138 2210d

Sec. 170E. Design Basis Threat Rulemaking ....... *............ 1-138 2210e

Sec. 170F. Recruitment Tools ............................... 1-140 2210f

Sec. 170G. Expenses Authorized to be Paid by The Commission .... 1-140 2210g

Sec. 170H. Radiation Source Protection ............... I ....... . 1-140 2210h

Sec. 1701. Secure Transfer of Nuclear Materials.............. 1-144 2210i

CHAPTER 15

COMPENSATION FOR PRIVATE PROPERTY ACQUIRED

Sec. 171. Just Compensation ............................... 1-145 2221

Sec. 172. Condemnation of Real Property ..................... 1-145 2222

Sec. 173. Patent Application Disclosures .................. 1-145 2223

Sec. 174. Attorney General Approval of Title .... ........... 1-145 2224

CHAPTER 16

JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE

Sec. 181. General .............. I .......................... 1-146 2231

Sec. 182. License Applications ............................. 1-146 2232

Sec. 183. Terms of Licenses ............................... 1-148 2233

Sec. 184. Inalienability of Licenses .......................... 1-148 2234

Sec. 185. Construction Permits and Operating Licenses .......... 1-148 -2235

Sec. 186. Revocation ............................... 1-149 2236

Sec. 187. Modification of License ............................ 1-149 2237

Sec. 188. Continued Operation of Facilities ................... 1-149 2238

Sec. 189. Hearings and Judicial Review ...................... 1-150 2239

Sec. 190. Licensee Incident Reports ......................... 1-152 2240

Sec. 191. Atomic Safety and Licensing Board ................. 1-152 2241

Sec. 192. Temporary Operating License ....................... 1-153 2133

Sec. 193. Licensing of Uranium Enrichment Facilities ........... 1-155 2243

CHAPTER 17

JOINT COMMITTEE ON ATOMIC ENERGY

(Repealed) ............................... 1-157

CHAPTER 18

ENFORCEMENT

Sec. 221. General Provisions ................... 1-158 2271

Sec. 222. Violations of Specific Sections ......... ........... 1-159 2272

Sec. 223. Violation of Sections Generally ................ ... * 1-159 2273

Sec. 224. Communication of Restricted Data ................. 1-160 2274

Volume 1, Page 1-4
Sec. 225. Receipt of Restricted Data ......................... Sec. 226. Tampering with Restricted Data................

-Sec. 227. Disclosure of Restricted Data ...................... Sec. 228. Statute of Limitations .............................

Sec. 229. Trespass Upon Commission Installations ............. Sec. 230. 'Photographing, Etc., of Commission Installations ......

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

Sec. 232. Injunction Proceedings ........................... Sec. 233.' Contempt Proceedings ............................

Sec. 234. Civil Monetary Penalties for Violations of Licensing

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

Energy Regulations.....................

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

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

PAGE 42 USC

Sec.

1-161 2275

1 .- 1 ')!j7f. I

1-161

1-162

1-162

1-162

1-163

1-163

1-163

1-163

1-164

1-166

CHAPTER 19

MISCELLANEOUS

Sec. 241. Transfer of Property .............................. 1-168

Sec. 242. Cold Standby ................................... 1-168

Sec. 243. Scholarship and Fellowship Program ........... 1-168

Sec. 244. Partnership Program with Institutions of Higher

Education .......................... ... 1-169

Sec. 251. Report to Congress .......................... 1-170

Sec. 261 - Appropriations .......... 1-171

Sec. 271. Agency Jurisdiction. .......... 1-172

Sec. 272. Applicability of Federal Power Act .................. 1-172

Sec.-273. Licensing of GovernmentAgencies .................. 1-172

Sec. 274. Cooperation With States ...................... 1-172

Sec. 275. Health and Environmental Standards for Uranium Mill

Tailings.................... .......... I 1-178

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

Regulatory Concern of Nuclear Regulatory

Commission ............ .............. ...... 1-181

Sec281 Separability................................. 1-181

Sec.291. ShortTitle ... .. ..... ....... ..................... 1-181

2277

2278

2278a

2278b

2279

2280

2281

2073

2282a

2283

2284

2015

2015a

2015b

2015e

2016

2017

2018

2019

2020

2021

2022

2023 2023

2023

COM ITTE O CHAPTER 20

JOINT COMMITTEE ON ATOMIC ENERGY ABOLISHED; FUNCTIONS AND

RESPONSIBILITIES REASSIGNED

Sec. 301. Joint Committee on Atomic Energy Abolished ........ 1-182 2258

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

on Atomic Energy and Conforming Amendments

to Certain Other Laws ..................... 1-182 2251

'Sec. 303. Information and Assistance to Congressional Committees 1-182 2259

Volume 1, Page 1-5
PAGE 42 USC

Sec.

CHAPTER 21

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 311. Establishment ................... .......... 1-183 .2286

Sec. 312. Functions of the Board ....................... 1-184 2286a

Sec. 313. Powers of Board ................................. 1-185 2286b

Sec. 314. Responsibilities of the Secretary of Energy ........... 1-187 2286c

Sec. 315. Board Recommendations ...................... 1-187 2286d

Sec. 316. Reports ........................................ 1-189 2286e

Sec. 317. Judicial Review .......................... 1-190 2286f

Sec. 318. Definition ..................... ................ 1-190 2286g,

Sec. 319. Contract Authority Subject to Appropriations ......... 1-190 2286h

Sec. 320. Transmittal of Certain Information to Congress ........ 1-190 2286h-1

Sec. 321. Annual Authorization of Appropriations ........ ....... 1-191 2286i

NEGOTIATED RULEMAKING ON FINANCIAL PROTECTION

FOR RADIOPHARMACEUTICAL LICENSES .............. 1-192 2210

TITLE H-UNITED STATES ENRICHMENT CORPORATION

CHAPTER 22

GENERAL PROVISIONS

Sec. 1201. Definitions ..................................... 1-193 2297

Sec. 1202. Purposes ....................................... 1-194 2297a

CHAPTER 23

ESTABLISHMENT, POWERS, AND ORGANIZATION OF CORPORATION

Sec. 1301. Establishment of The Corporation ..... ........... 1-195 2297b

Sec. 1302. Corporate Offices ............................. 1-195 2297b-1

Sec. 1303. Powers of the Corporation.. ..... ................... 1-195 2297b-2

Sec. 1304. Board of Directors ............ o........ .......... 1-196 2297b-3

Sec. 1305. Employees of the Corporation ................... 1-197 2297b-4

Sec. 1306. Audits ...................... ............ 1-198 2297b-5

Sec. 1307. Annual Reports ................................. 1-199 2297b-6

Sec. 1308. Accounts ...................................... 1-199 2297b-7

Sec. 1309. Obligations ..................................... 1-200 2297b-8

Sec. 1310. Exemption from Taxation and Payments in Lieu

of Taxes .............................. 1-201 2297b-9

Sec. 1311. Cooperation with Other Agencies ................. 1-201 2297b-10

Sec. 1312. Applicability of Certain Federal Laws .............. 1-202 2297b-1 1

Sec. 1313. Security ........................................ 1-203 2297b-12

Sec. 1314. Control of Information ....................... 1-203 2297b-13

Sec. 1315. Transition ....................................... 1-203 2297b-14

Sec. 1316. Working Capital Account ...................... 1-204 2297b-15

Volume 1, Page 1-6
PAGE 42 USC

Sec.

CHAPTER 24

RIGHTS, PRIVILEGES, AND ASSETS OF THE CORPORATION

Sec. 1401. Marketing and Contracting Authority ...... ... 1-204

Sec. 1402. Pricing .......................................... 1-205

Sec. 1403. Leasing of Gaseous Diffusion Facilities of Department .. 1-205

Sec. 1404. Capital Structure of Corporation ................. 1-206

Sec. 1405. Patents and Inventions ............................ 1-207

Sec. 1406. Liabilities................................ 1-207

Sec. 1407. Transfer of Uranium Inventories ..................... 1-207

Sec. 1408. Purchase of Highly Enriched Uranium from Former

Soviet Union ................................. 1-207

CHAPTER 25

PRIVATIZATION OF THE CORPORATION

Sec. 1501. Strategic Plan for Privatization .................. 1-208

Sec. 1502. Privatization ........... ........................ 1-208

CHAPTER 26

AVLIS AND ALTERNATIVE TECHNOLOGIES FOR URANIUM

ENRICHMENT

Sec. 1601. 'Assessment by United States Enrichment Corporation .,.. 1-209

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

Enrichment Corporation ................... 1-210

Sec. 1603. Predeployment Activities by United States Enrichment

Corporation ........................... 1-210

Sec. 1604. United States Enrichment Corporation Sponsorship of Private For-Profit Corporation to Construct

AVLIS and Alternative Technologies for

Uranium Enrichment...................... 1-211

Sec. 1605. AVLIS Commercialization Fund within United States

Enrichment Corporation .................... 1-212

Sec. 1606. Department Research and Development Assistance ..... 1-213

See. 1607. Site Selection .................... 1-213

Sec. 1608. Exclusion From Price-Anderson Coverage ........... 1-213

2297c

2297c-1

2297c-2

2297c-3

2297c-4

2297c-5

2297c-6

2297c-7

2297d

2297d-1

2297e

2297e-1

2297e-2

2297e-3

2297e-4

2297e-5

2297e-6

2297e-7

CHAPTER 27

LICENSING AND REGULATION OF URANIUM ENRICHMENT FACILITIES

Sec. 1701. Gaseous Diffusion Facilities ....................... 1-213 2297f

Sec. 1702. Licensing of Other Technologies .................... 1-215 2297f-1

Sec. 1703. Regulation of Restricted Data ...................... 1-215 2297f-2

CHAPTER 28

DECONTAMINATION AND DECOMMISSIONING

Sec. 1801. Uranium Enrichment Decontamination and

Decommissioning Fund ....................... 1-215

Sec. 1802. Deposits ...... ........................... 1-216

Sec. 1803. Department Facilities ............................. 1-217

Sec. 1804. Employee Provisions ............................. 1-217

Sec. 1805. Reports to Congress .............................. 1-217

2297g

2297g-1

2297g-2

2297g-3

2297g-4

Volume 1, Page 1-7
PAGE 42 USC

Sec.

* TITLE HI-RESCISSIONS AND OFFSETS

CHAPTER . ENERGY AND WATER DEVELOPMENT URANIUM ENRICHMENT

CAPACITY'

SUBCHAPTER A

UNITED STATES ENRICHMENT CORPORATION PRIVATIZATION

Sec. 3101. Short Title ................ 1-218 2011

Sec. 3102. Definitions. . .1-218 2297h

Sec. 3103. Sale of the Corporation ........ * ... 1-219 2297h-1

Sec. 3104. Method of Sale ......... ................... 1-219 2297h-2

Sec. 3105. Establishment of Private Corporation .......... ...... 1-219 2297h-3

Sec. 3106. Transfers to the Private Corporation ......... . .. I. . 1-220 2297h-4

Sec. 3107. Leasing of Gaseous Diffusion Facilities .............. 1-221 2297h-5

Sec. 3108. Transfer of Contracts ........................ 1-222 2297h-6

Sec. 3109. Liabilities ...................................... 1-223 2297h-7

Sec. 3110. Employee Protections ........................ 1-224 2297h-8

Sec. 3111. Ownership Limitations" ........... 1-228 2297h-9

Sec. 3112. Uranium Transfers and Sales. ........... 1-228 2297h-10

Table: Annual Maximum Deliveries to End Users .......... 1-230 2297h-10

Sec. 3113. Low-level Waste ". .... 1-231 2297h-11

Sec. 3114. AVLIS ... .............................. 1-232 2297h-12

Sec. 3115. Application of Certain Laws ............ ......... I 12-233 2297h-13

Volume 1, Page 1-8
THE ATOMIC ENERGY ACT OF-1954

Public Law 83-703 68 Stat. 919

August 30, 1954

TITLE I- ATOMIC ENERGY

CHAPTER 1- DECLARATION, FINDINGS, AND PURPOSE

Sec. 1. Declaration

42 USC 2011. Atomic energy is capable of application for peaceful as well as military

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

that'-

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

so as to make the maximum contributionr 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 . 42 USC 2012. The Congress of the United States hereby makes the following findings

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.' 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; b6yproduct, and special

nuclear material must be regulated iii 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 theI public interest, and regulation by

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

the facilities used in connection therewith is necessary in the national

'Added by Public Law 102-486 (106 Stat. 2943); Oct. 24,1992. 2

Public Law 88-489,(78 Stat. 602X1964), section 20, the Private Ownership of Special Nuclear Materials

Act reads as follows:

Nothing in this Act shall be decmed todiminish 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

materialsand 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. ;

'Public Law 88-489 (78 Stat. 602) (1964), section 1. dvitted subsec. 2b. Subsec. 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.

Volume 1, Page 1-9
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 atomicenergy 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.

42 USC 2013. It is the purpose of this Act'to effectuate the policies set forth above by

Purpose. providing fora. 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

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

appropriate.

4

Public Law 88-489 (78Stat. 602) (1964), section 2, deleted subsec. 2h. Subsec. 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.

$Public law 85-256 (71 Stat. 576), (1957), section 1, added subsection i.

"Public Law 88-489 (78 Stat. 602) (1964), section 3, amended this subsection. Before amendment it read: 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;

Volume 1, Page 1-10
CHAPTER 2-DEFINITIONS

42 USC 2014.

Definitions.

Agency of the7U.S.

Agreement for

cooperation.

Atomic energy.

Atomic weapon.

Byproduct material.

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."

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

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

7Public Law 87-206 (75 Stat. 475) (1961), section 2, amended this subsection by adding section 91c.

Volume 1, Page 1-11
, (B) before, on, or after August 8, 2005 is extracted or convened

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

activity.'

'Public Law 109-58 (119 Stat. 806). August 8, 2005; section 651(eXl), rewrote former subsection (e) as subsection (e)(1) and (2) and inserted paragraphs (3) and (4). Former subsection (e) read:

"(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: Public Law 109-58(119 Stat. 808), August 8, 2005, section 65(eX4) added the following:

(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 le. 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 (I), 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 1 Ic. 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-

(1) 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

(I) 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 - (IM a statement of the Commission that any agreement covering byproduct material, as defined in paragraph (1) or (2) of section lI e. 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 I le. of that Act

(42 U.S.C. 2014(e)) (as amended by paragraph (I)), 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 le. 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. I I

(D) AVAILABILITY OF RADIOPHARMACEUTICALS.-ln 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 1 Ie. of the

(continued...)

Volume 1, Page 1-12
Commission.

Common defense

and security.

Defense

information.

Design.

Extraordinary

nuclear occurrence.

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. r 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

off-site. 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-site" means away from "the location" or "the contract location" as

defined in the applicable Nuclear Regulatory Commission or the Secretary

'(...continued)

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- . . .. .,

(1) any requirement under the amendments made by subsection (cX));

(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

(Il) 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));

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

paragraph (3) or (4) of section l le. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e))

(as amended by paragraph (1)); and

(EIl) the program of the State for licensing such byproduct material is adequate to protect

Federal the public health and safety.

Register, (C) PUBLICATION.-The Commission shall publish in the Federal Register a notice of any

publication.walver granted under this subsection.

Notice.

Volume 1, Page 1-13
Financial

protection.

Government

agency.

Indemnitor.

International

arrangement.

Joint Committee.

Licensed activity.

Nuclear incident.

42 USC 2091.

42 USC 2111.

42 USC 2121.

42 USC 2151.

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.1 ° 1. 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."

n. The term "international arrangement" means any international

agreement hereafter approved by the Congress or any treaty during the

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

include any agreement for cooperation.

o. The term "Joint Committee" means the Joint Committee on Atomic

Energy.

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

this Act and covered by the provisions of section 170a. 12

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

extraordinary nuclear occurrence,'" within the United States causing,

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

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

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

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

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

United States in transit from one person licensed by the Nuclear

%Public Law 89-645 (80 Stat. 891) (1966), section 1, added subsection j.

1°Public Law 85-256 (71 Stat. 576) (1957), section 3, added subsection k.

"Public Law 89-645 (80 Stat. 891) (1966), section 1, added subsection m.

nPublic Law 85-256 (71 Stat. 576) (1957), section 3, added subsection p.

"

3

Public Law 89-645 (80 Stat. 891) (1966), section 1, amended this subsection by inserting the phase:

"including an extraordinary nuclear occurrence".

Volume 1, Page 1-14
Regulatory Commission to another person licensed by the Nuclear

Regulatory Commission."4

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

controls of a utilization or production facility.

Person. 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.

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

indemnified, 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 lexecuted 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, purchaseorder or other

agreement, of any tier, under any such contract or project.'5

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..

1

4

Public Law 85-256 (71 Stat. 576) (1957), section 3 added subsection q. Prior to amendment by Public

Law 89-645 (see footnote 9, above), the subsection had been amended by Public Law 87-615 (76 Stat. 409)

(1962), section 4. Before amendment it read: 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.

Public Law 84-197 (89 Stat. 1111) (1975), section 1, amended the second proviso in subsection I lq.

Prior to 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.

"Public Law 85-256 (71 Stat. 576) (1957), section 3, added subsection t. Public Law 87-615 (76 Stat.

409) (1962), section 5, amended the subsection. Before amendment, it read: . 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.

Public Law 94-197 (89 Stat. .1111) (1975), section 1, amended subsection l It. 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."

Volume 1, Page 1-15
Production facility. ý v0 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, 17 ' 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 235.9

Public liability. w. The term "public liability"2 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.

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

development, 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.

1

6

Public Law 101-575 (104 Stat. 2834) (1990) section 5(a) added a new last sentence to section l Iv.

1

7

Public Law 102-486 (106 Stat. 2955) amended the last sentence of v. Before amendment the last

sentence read:

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.

"Public Law 104-134 (110 Stat. 1321-349) struck the words "or the construction and operation of a uranium enrichment production facility using Atomic Vapor Laser Isotope Separation technology" following.

"Except with respect to the export of a uranium enrichment production facility." , "Public Law 104-134 (110 Stat. 1321-349). Title I, section 3116(bXI), added new language:

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. ,

"Public Law 85-256 (71 Stat. 576) (1957). section 3, added subsection w. Public Law 87-206 (75 Stat.

475) (1961), section 3, amended the subsection. Before amendment it read: 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 of 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.

Volume 1, Page 1-16
Restricted Data. y. The term "restricted data" means all data concerning (1) design,

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

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

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

from the Restricted Data category pursuant to section 142.

Source material. 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.

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

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

which the Commission, pursuant to the provisions of section 5 1,

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

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

tt but does not include source material.

United States. 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. . 2

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

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

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

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

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

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

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

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

especially designed for such equipment or device as determined by the

Commission.

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

have the meanings given such terms in section 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).

2

"public Law 84-1006 (70 Stat. 1069) (1956), section 1, amended this definition. Before amendment it

read: u. The term "United States" when used in a geographical sense, includes all territories and possessions of

the United States, and the Canal Zone.

2Public Law 100-408 (102 Stat. 1066) (1988) added subsections dd-jj.

Volume 1, Page 1-17
gg. The term "precautionary evacuation" means an evacuation of the

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

route in the case of an accident involving transportation of source material,

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

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

utilization facility, if the evacuation is- (1) the result of any event that is not classified as a nuclear incident

but that poses imminent danger of bodily injury or property damage

from the radiological properties of source material, special nuclear

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

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

, c ý (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.

Volume 1, Page 1-18
Chapter 3-ORGANIZATION

42 sc203. Sec. 23. Office.

42 USC 2033.. The principal office of the Commission shall be in or near the District

Office., 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.23

"Public Law 93-438 (88 Stat. 1233) (1974). section 104(a), repealed section 21 and section 22. Prior to

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, sball 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.

Public Law 84-337 (69 Stat. 630) (1955), section 3 had previously amended the'fifth sentence of

section 21. Before amendment this sentence read:

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.

Prior to repeal, section 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. tThe 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.

Public Law 88-426 (78 Stat. 400) (1964), section 305(10XA) 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.

Public Law 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.

Volume 1, Page 1-19
42 USC 2034.

General Manager,

Deputy and

Assistant General

Managers.

42 USC 2035.

Assistant General

Manager for

Military

Application.

Divisions and

offices.

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

There is hereby established within the Commission:2 4

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.'

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.26

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.'

Sec. 25. Divisions, Offices, And Positions.

There is hereby established within the Commission:2

8

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

24Public Law 85-287 (71 Stat. 612) (1957), section 2. amended section 24 and replaced it in its entirety.

Before amendment section 24 read:

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.

2'Public Law 88426 (78 Stat. 400) (1964), section 306(f), amended the last sentence of section 24c. by

inserting "and" immediately before "shall be removable by the General Manager" and by deleting the last part

of the sentence which read:

and shall receive compensation at a rate determined by the General Manager, but not in excess of

$20,500 per annum.

26Public Law 88426 (78 Stat. 400) (1964), section 306(f), amended the last sentence of section 24b. by

inserting "and" immediately before "shall be removable by the General Manager" and by deleting the last part

of the sentence which read:

"and shall receive compensation at a rate determined by the General Manager, but not in excess of

$20,500 per annum."

27Public Law 88426 (78 Stat. 400) (1964), section 306(f), amended the last sentence of section 24c. by

inserting "and" immediately before "shall be removable by the General Manager" and by deleting the last part

of the sentence which read:

' and shall receive compensation at a rate determined by the General Manager, but not in excess of

$20,000 per annum ." . ... .. ý i - - .1 . 1

23Public Law 85-287 (71 Stat. 612) (1957), section 3, amended the title of section 25. Before amendment

the title of this section was: "Divisions and Offices."

Volume 1, Page 1-20
Program divisions. 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;-

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

SI ,Counsel who shall be appointed by the Commission;30 and

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

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

responsible for gathering information to show whether or not the

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

complying with the provisions of this 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,

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

by the General Manager.32

3 Public Law 90-190 (81 Stat. 575) (1967), section 5, amended section 25a. 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:; .-

Public Law 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." Public Law 85-287 (71 Stat. 612) (1957), section 3,

had amended that sentence by substituting $19,000 for $16,000.

"'Public Law 88-426 (78 Stat. 400) (1964), section 306(f), amended section 25b. by deleting the last part

which read: "and shall receive compensation at a rate determined by the Commission, but not in excess of

$19,500 perannumY .'

Public Law 85-287 (71 Stat. 612) (1957), section 3, had amended section 25b. by substituting $19,500 for

$16,000.

.. •

t

Public Law 88426 (78 Stat. 400) (1964), section 306(f), amended the first sentence of section 25c. by

deleting the last part which read: ' . I i .I . I .: .

"and shall receive compensation at arate determined by the Commission, but not in excess of

$19.000 per annum."

Public Law 85-287 (71 Stat. 612) (1957), section 3, had amended that sentence by substituting $19,000 for

$16,000.

-Public Law 85-287 (71 Stat. 612) (1957), section 3, added subsection d. Public Law 88-426 (78 Stat.

400) (1964), section 306(f). 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:

"and shall receive compensation at a rate determined by the General Manager, but not in excess of

$19,000 per annum."

Volume 1, Page 1-21
Sec. 26. General Advisory Committee.

(Repealed3 3)

Sec. 27. Military Liaison Committee.

(Repealed3)

Sec. 28. Appointment Of Army, Navy, Or Air Force Officers.

42 USC 2038. - Notwithstanding the provisions of any other law, the officer of the

Appointment of Army, Navy, or Air Force serving as Assistant General Manager for

Army, Navy or Air Military Application shall serve without prejudice to his commissioned

Force Officers. 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.'

33

Public Law 95-91 (91 Stat. 608) (1977) section 709(c)(1). repealed section 26 which readGeneral Advisory Committee-There shall be a General Advisory Committee to advise the Commission

on scientific and technical matters relating to materials, production, and research and development, to be

composed of nine members, who shall be appointed from civilian life by the President. Each member shall

'hold office for a term of six years, except that (a) 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; and (b) the terms of office of the members first taking office after August 1, 1946, shall expire,

as designated by the President at the time of appointment, three at the end of two years, three at the end of

four years, and three at the end of six years, after August 1, 1946. The Committee shall designate one of

its own members as Chairman. The Committee shall meet at least four times in every calendar year. The

members of the Committee 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 Committee.

"Public Law 99-661 (100 Stat. 4066) (1986) Div C, title 1, Part C, section 3137(c) repealed section 27,

which read:

Military Liaison Committee.-There is hereby established a Military Liaison Committee consisting ofa. a Chairman, who shall be the head thereof and who shall be appointed by the President, by and

with the advice and consent of the Senate. who shall serve at the pleasure of the President; and

'. b. a representative or representatives from each of the Departments of the Army, Navy, and Air Force,

in equal numbers, as determined by the Secretary of Defense, to be assigned from each Department by the

Secretary thereof, and who will serve without additional compensation.

-The Chairman of the Committee may designate one of the members of the Committee as Acting

Chairman to act during his absence. The Commission shall advise and consult with the Department of

Defense, through the Committee, on all atomic energy matters which the Department of Defense deems to

relate to military applications of atomic weapons or atomic energy including the development,

manufacture, use, and storage of atomic weapons, the allocation of special nuclear material for military

research, and the control of information relating to the manufacture or utilization of atomic weapons; and

shall keep the Department of Defense, through the Committee, fully and currently informed of all such

matters before the Commission. The Department of Defense, through the Committee, shall keep the

Commission fully and currently informed on all matters within the Department of Defense which the

Commission deems to relate to the development or application of atomic energy. The Department of

Defense, through the Committee, shall have the authority to make written recommendations to the

Commission from time to time on matters relating to military applications of atomic energy as the

Department of Defense may deem appropriate. If the Department of Defense at any time concludes that

any request, action, proposed action, or failure to act on the part of the Commission is adverse to the

responsibilities of the Department of Defense, the Secretary of Defense shall refer the matter to the

President whose decision shall be final.

•SPublic Law 90-190 (81- Stat. 575) (1967), section 6, amended the first two sentences of section 28. 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

(continued...)

Volume 1, Page 1-22
Chairman, Military Notwithstanding the provisions of any other law, any active or retired

Liaison Committee. 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 arid 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.36

Sec.,29. Advisory Committee On Reactor Safeguards.

42 USC 2039. There is hereby established an Advisory Committee on Reactor

Comimittee on Safeguards consisting of a maximum of fifteen members appointed by the

Reactor -. Commission for terms of four years each. The Committee shall review

Safeguards. safety studies and facility license applications referred to it and shall make

reports thereon, shall advise the Commission with regard to the hazards of

proposed or existing reactor facilities and the adequacy of proposed

reactor safety standards, and shall perform such other duties as the

Commission may request. One member shall be designated by the

Committee as its Chairman. The members of the Committee shall receive

a per diem compensation for each day spent in meetings or conferences, or

other work of the Committee, and all members shall receive their

necessary traveling or other expenses while engaged in the work of the

Committee. The provisions of section 163 shall be applicable to the

Conmnittee.37 .39

Chapter 4-RESEARCH

42 USC 2051.

Research

assistance.

Sec. 31. Research Assistance.

a. The Commission is directed to exercise its powers in such manner as

to insure the continued conductof research and development and training39

activities in the fields specified below, by private or public institutions or

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

theoretical and practical knowledge in such fields. To this end the

ýcommission is authorized and directed to make arrangements (including

contracts, agreements, and loans) for the conduct of research and

development activities relating to-

...continued)

difference, between such pay and allowances, including special and incentive pays, and the compensation

established for Iis position pursuant to section 303, or section 309 of the Federal Executive Salary Act of

1964.

Public LAW 88-426 (73 Stat. 400), section 306, bad earlier amended the second sentence of section 28

by substituting the last phrase for the phrase "and the compensation prescribed in section 25."

'Public Law 107-107, Division A, title X, Subtitle E, section 1048(i)(1 1), (115 Stat. 1230); December 28,

2001.

"

7

Public Law 85-256 (71 Stat. 576) (1957), section 5, added section 29., ... .

'Public Law 105-362 (112 Stat. 3292), Nov. 10, 1998, struck the following two sentences which had

previously been added by Public Law 99-209 (91 Stat. 1483) (1977), section 5: ... 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.

"Public Law 84-1006 (70 Stat. 1069) (1956), section 2. added the words "and training."

Volume 1, Page 1-23
(1) nuclear processes; (2) the theory'and production of atomic energy, including

:processes, materials, and devices related to such production;

(3) utilization of special nuclear material and radioactive material

for medical, biological, agricultural, health, or military purposes;

(4) utilization of special nuclear material, atomic energy, and

radioactive material and processes entailed in the utilization or

production of atomic energy or such material for all other purposes,

including industrial or commercial uses, the generation of usable

energy, and the demonstration of advances in the commercial or

industrial application of atomic energy;'

(5) the protection of health and the promotion of safety during

research and production activities; and

(6) the preservation and enhancement of a viable environment by.

developing more efficient methods to meet the Nation's energy needs.`l,.

Grants for b. GRANTS AND CONTRIBUTIONS.-The Commission is

construction of authorizedreactors, etc.. (1) to make;

(B) in paragraph (1) (as designated by subparagraph (A)) by

- striking the period at the end and inserting and"; .; and

(C) by adding at the end the following:

(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.'

41 USC 252(c) c. The Commission may (1) make arrangements pursuant to this

(See 41 USC section, without regard to the provisions of section 3709 of the Revised

260(b)). 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 condition's which prevent the

dissemination of scientific or technical information, except to the extent

such dissemination is prohibited by law.

OPublic Law 91-560 (84 Stat. 1472) (1970), section 1, amended paragraph 31a.(4) which read as follows:

Utilization of special nuclear material, atomic energy, and radioactive material and processes

entailed in the utilization or production 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.

4"Public Law 92-84 (85 Stat. 304) (1971), section 201(a). added paragraph (6).

4'Public Law 109-58 (119 Stat. 801), August 8, 2005; Title VL section 651 (C)(I).

Volume 1, Page 1-24
42 USC 2052.

Research by the

Commission.

I42 USC 2053.

Research for

others.

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.

L Where theCommission 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.43 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 theCommission'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.4 "

Chapter 5-PRODUCTION OF SPECIAL NUCLEAR

MATERIAL

Sec. 41L Ownership and Operation of Production Facilities.

42 USC 2061. a. Ownership of Production Facilities.-The Commission, as agent of

Ownership and and on behalf of the United States, shall be the exclusive owner of all

operation of production facilities other than facilities which (1) are useful in the

production conduct of research and development activities in the fields specified in

facilities. 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

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

Corporation.. . Operation of the b.- Operation of the Commission's Production Facilities.-The

Commission's Cossiosion is authorized and directed to produce or to provide for the

production production of special nuclear material in its own production facilities. To

facilities, 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

43

Public Law 92-84 (85 Star. 304) (1971), section 201(b), amended this sentence. Prior to amendment it :••read as follows: - ... ° . . """""

'Wh"ere 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."

•.•Pubic Law 90-190(91 Stat. 575) (1967), section 7, amended section 33. Prior to 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 and make such charges as in

its discretion may be desirable for the conduct of such activities and studies. 45Public Law 102-486 (106 Stat. 2943) Oct. 24, 1992 added new section (3).

Volume 1, Page 1-25
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

41 USC 252(c) prescribed by the Commission. Any contract made under the provisions (See 41 USC of this paragraph may be made without regard to the provisions of

260(b)). 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."

Operation of other c. Operation of Other Production Facilities.-Special nuclear material

production may be produced in the facilities which under this section are not required facilities, to be owned by the Commission.

Sec. 42. Irradiation of Materials.

42 USC 2062. The Commission and persons lawfully producing or utilizing special

Irradiation of nuclear material are authorized to expose materials of any kind to the

materials, radiation incident to the processes of producing or utilizing special

nuclear material.

Sec. 43. Acquisition of Production Facilities.

42 USC 2063. The Commission is authorized to purchase any interest in facilitiesfor

44 USC 252(c) the production of special nuclear materials, or in real property on which

(See 41 USC such facilities are located, without regard to the provisions of section 3709

260(b))' of the Revised Statutes, as amended, upon certification by the Commission

Acquisition of that such action is necessary in the interest of the common defense and

production security,-or upon a showing by the Commission that advertising is not

facilities, 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. 42 USC 2064. If energy is produced at production facilities of the Commission or is

Disposition of produced in experimental utilization facilities of the Commission, such

energy. 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

46Public Law 90-190 (81 Stat. 575) (1967), section 8, 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.

Volume 1, Page 1-26
42 USC 207 1.

Special nuclear

material.

42 USC 2073.

Nuclear material,

licenses

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. I 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 Energy47 Committee4 and a period of thirty days shall elapse while

Congress is in session (in computing such thirty days, there shall be

excluded the days on which either House is not in session because of an

adjournment for more than three days) before the determination of the

Commission may become effective: Provided, however, That the Energy"

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."0 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

:4Public law 103-437 (108 Stat. 4592), section 15(fI)X2), changed "Joint Committee" to "Energy

Committee".

"4See Public Law 95-110, section 301b.

"Public Law 103-437 (108 Stat. 4592), section 15(f)X2), changed "Joint Committee" to "Energy

Committee".

"Public Law 88489 (78 Stat. 602) (1964). section 4, reads 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.

Volume 1, Page 1-27
period of the license, and, (iii) to distribute special nuclear material within

the United States to qualified applicants requesting such material-'

(1) for the conduct of research and development activities of the

types specified in section 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.52

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.,

Distribution. c. (1) The Commission may distribute special nuclear material licensed

under this section by sale, lease, lease with option to buy, or grant.53

Provided however, That unless otherwise authorized by law, the

Commission shall not after December31, 1970, distribute special nuclear

material except by sales 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.

Agreements. (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 pricenot

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.

"

1

Public Law 88-489 (78 Stat. 602) (1964). section 5, amended this subsection. Before amendment, this

subsection read:

, 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

pcant r esting uch material- 4 Pubic Law 85-681 (72 Stat. 632) (1958), section 1, added clausc (4).

"Public Law 90-190 (81 Stat. 575) (1967), section 10, added the phrase "or through the provision of

production or enrichment services..

-"Section (c)(1) amended by Public Law 102-486(106 Stat. 2943), Oct. 24, 1992.

Volume 1, Page 1-28
Charges. (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)55 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.56

d. In determining the reasonable charge to be made by the Commission

for the use of special nuclear material distributed by lease" to licensees of

utilization or production facilities licensed pursuant to section 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.'l

"Public Law 85-681 (72 Stat. 632) (1958), section 2, amended subsec. c. of section 53. Before

amendment this phrase and thesame phrase in the next sentence read "subsection 53a. (1) or subsection 53a (2)." '

*

6

Public Law 88-489 (78 Stat. 602) (1964), section 6. amended subsec. 53c. Before amendment, this

subsection read:

c. The Commission may make a reasonable charge, determined pursuant to this section, for the use of

special nuclear material licensed and distrbuted under subsection 53a.(I), (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.(l), (2) or (4) considering, among other things, whether the licensee is a

non-profit or eleemosynary institution and the purposes for which the special nuclear material will be used.

"Public Law 88-489 (78 Stat. 602) (1964), section 7, added the words "by lease".

mPublic Law 88-489 (78 Stat. 602) (1964), section 7, amended this paragraph. Before amendment this

paragraph read:

(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..

Volume 1, Page 1-29
License conditions. - e.: Each license issued pursuant to this section shall contain and be

subject to the following conditions-

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

the license except as defined by the license;

(3) neither the license nor any right.under the license shall be

assigned or otherwise transferred in violation of the provisions of this

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,, - 1

(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

resulting from the use or possession of special nuclear material by the

licensee.'

Distribution for f. The Commission is directed to distribute within the United States

independent sufficient special nuclear material to permit the conduct of widespread

research, etc. independent research and development activities to the maximum extent

Spracticable.' 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

42 USC 2074. a. The Commission is authorized to cooperate with any nation or

Foreign group of nations by distributing special nuclear material and to distribute

distribution of such special nuclear material, pursuant to the terms of an agreement for

special nuclear cooperation to which such nation or group of nations is a party and which

material. 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

"Public Law 88489 (78 Stat. 602) (1964), section 8, deleted, subsec. 53e.(l). Subsec. 53e.(1) read:

(1) title to all special nuclear material shall at all times be in the United States: WPublic Law 85-256 (71 Stat. 576), section 2 amended section 53e.(8). Before amendment this Subsection

read:

(8) the licensee will hold the United States and the Commission harmless from any damages resulting

from the use or possession of special nuclear mathrial by the licensee..

"'Public Law 90-190 (81 Stat. 575X1967), section 9. deleted the following phrase which appeared at the

end of this sentence:

and within the limitations set by the President pursuant to section 41.

Volume 1, Page 1-30
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 Joint

Committee' 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 first thirty days of any such sixty-day period the Joint

Committee shall submit a report to the Congress of its 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

Purchase of special nuclear material distributed under a sale arrangement pursuant to this

nuclear material. 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 purchlase 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.

Foreign b. Notwithstanding the provisions of sections 123, 124, and 125, the

distribution of Commission is- authorized to distribute to any person outside the United

certain materials. States (1) plutonium containing 80 percent centrumn or more by weight of

'See Public Law 95-110, section 301b.

Volume 1, Page 1-31
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.

w: rThe Commission shall not distribute any plutonium containing 80 per

centrum or more by weight of plutonium-238 to any person under this

subsection if, in its opinion, such distribution would be inimical to the

common defense and security. The Commission may require such reports

regarding the use of material distributed pursuant to the provisions of this

subsection as it deems necessary.

c. The Commission is authorized to license or otherwise permit others

to distribute special nuclear material to any person outside the United

States under the same conditions, except as to charges, as would be

applicable if the material were distributed by the Commission.'

d. 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):

"Section 2 of Public Law 93-377 (88 Slat. 473) (1974). amended section 54. Previously section 54 read as

follows:

Sec5,54. 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

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 periodwhen 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.

Public Law 88-487 (78 Stat. 602)(1964) has added the last three sentences to section 54, Public - Law 87-206 (75 Stat. 475X1961)'section 4, had added the words "five hundred grams of uranium 233 and

three kilograms of plutonium" to the proviso in this section. Public Law 85-177 (71 Stat. 453) (1957),

section 7, had added the second and third sentences, including the proviso, to section 54.

Volume 1, Page 1-32
42 USC 2075.

Acquisition.

41 USC 252(c)

(See 41 USC

260(b)).

42 USC 2076.

Guaranteed

purchase prices.

(1) which are contained in laboratory samples, medical devices, or

monitoring or other instruments; or

(2) the distribution of which is needed to deal with an emergency

situation in which time is of the essence. -

e. 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 131.4

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

compensation shall be made for any right, property, or interest in property

taken, requisitioned, or condemned under this section.'s 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 131.6

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.'

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

"Public Law 95-242(92 Stat. 125X1978). section 301(a) and section 303(bXl) added subsec. 54(d) and

subsec. 54(e), respectively. •; - ; , I - - o I

'?Public Law 88-489 (78 Stat. 602X1964), section 10, amended section 55 by substituting a complete new

section 55. Before amendment section 55 read as follows:

ý- 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.

'Public Law 95-242 (92 Stat. 131) (1978), section 303(bX2), added the proviso at the end of section 55. 67

Public Law 91-560 (84 Stat. 1472) (1970), section 2, added "section 103 or" to this sentence.

Volume 1, Page 1-33
42 USC 2077.

Unauthorized

handling.

42 USC 2077.

Post, p. 127.

Post, p. 142.

Special nuclear

material

production.

Technology

transfers.

Authorization

requests.

procedures.ý

the use of special nuclear material which was leased or sold by the

Commission pursuant to section 5 3 ."

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.

b. It shall be unlawful for any person to directly or indirectly engage or

participate in the development or production of any special nuclear , -..

material69 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 with70 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,"' 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 controversialrequests should be identified as quickly

I IPublic Law 88-489 (78 Stat. 602X1964). section II amended section 56, by substituting a new

section 56. 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

6 b'lic Law 108-458 (118 Stat. 3768), Dec. 17, 2004 added new language. Formerly read "in the

production of any special nuclear material". .

7Pubfic Law 105-277 (112 Stat. 2681-774), Oct. 21, 1998, struck "the Arms Control and Disarmament

Agency". 71

Public Law 105-277 (112 Stat. 2681-774), Oct. 21, 1998, struck "the Arms Control and Disarmament

Agency"-

Volume 1, Page 1-34
Standards and

criteria.

Trade secrets,

protection.

42 USC 2014.

Post, pp. 131, 141.

42 USC 2074.

42 USC 2094.

42 USC 7172.

Ante, p. 125.

Certain

exemptions.

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 I lv.(2) or 1 lcc.(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 11 lb.72

c. The Commission shall not-

(1) distribute any special nuclear material to any person for a use

which is not under the jurisdiction of the United States except pursuant

to the provisions of section 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. .

7Public Law 95-242 (92 Stat. 126) (1978). section 302. amended section 57 by substituting a complete

new subsection 57(b). Before amendment, subsec. 57(b) read as follows:

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.

,"Section 3 of Public Law 93-377 (88 Stat. 475) (1974) added new subsec. d to section 57. Previously

Public Law 88-489 (78 Stat. 602) (1964), section 12, amended section 57 by substituting a complete 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

Volume 1, Page 1-35

(continued...)
42 USC 2078.

Review.

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 instrumentalit of

the United States or any other person for nuclear explosive purposes.

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 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 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. 57 6

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,

42 USC 2091.

Source material.

Submittal of • determination to,

Joint Committee.

73(...continued)

(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--

(I) 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 Untied 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. 74Section 14 of Public Law 97-415 (96 Stat. 2067) (1983) added new subsec. e to section 57.

"Public Law 85-79 (71 Stat. 274) (1957), added section 58.

"Public Law 88-489 (78 Stat. 602) (1964), section 13, amended section 58 by substituting a complete new

section 58. 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): Provide -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.

Volume 1, Page 1-36
shall be submitted to the Joint Committee" 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 Joint 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. 62.; License for Transfers Required.

42 USC 2092. Unless authorized by a general or specific license issued by the

License for Commission, which the Commission is authorized to issue, no person may

transfers required. 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.

Sec. 63. Domestic Distribution of Source Material.

42 USC 2093. a.,The Commission is authorized to issue licenses for and to distribute

Domestic source material within the United States to qualified applicants requesting

distribution of such material--

source material. (I) 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

Charges. (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-

(1) the physical characteristics of the source material to be

distributed;

(2) the quantities of source material to be distributed; and

-(3)the intended use of the source material to be distributed.

c. 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),

r- ... 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.

42 USC 2094. The Commission is authorized to cooperate with any nation by

Foreign distributing source material and to distribute source material pursuant to

distribution of the terms of an agreement for cooperation to which such nation is a party

material. and which is made in accordance with section 123. The Commission is

77See Public Law 95-110, section 301b.

Volume 1, Page 1-37
also authorized to distribute source material outside of the United States

upon a determination by the Commission that such activity will not be

42 USC 2094. 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.",

Sec. 65. Reporting.

42 USC 2095. The Commission is authorized to issue such rules, regulations, or

Reporting. 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.

Sec. 66. Acquisition. 42 USC 2096. " The Commission is authorized and directed, to the extent it deems

Acquisitions. necessary to effectuate the provisions of this Acta. 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.

41 USC 252(c) Any purchase made under this section may be made without regard to the

(See 41 USC provisions of section 3709 of the Revised Statutes, as amended, upon

260(b)). 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.

42 USC 2097. The Commission is authorized, to the extent it deems necessary to

Operations on effectuate the provisions of this Act, to issue leases or permits for

lands belonging to prospecting for, exploration for, mining of, or removal of deposits of

the United States. 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..

7 Public Law 95-242 (92 Stat. 126) (1978). section 301.(b), amended section 64 by adding the last

sentence.

Volume 1, Page 1-38
Sec. 68. Public And Acquired Lands.

42 USC 2098. a." No individual, corporation, partnership, or association, which had

Public and acquired any part, directly or indirectly, in the development of the atomic energy

lands. 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.

Release of b. Any reservation of radioactive mineral substances, fissionable

reservation. 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

• 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."

60 Stat. 775. - c. Notwithstanding the provisions of the Atomic Energy Act of 1946,

30 USC 501-505. as amended, and particularly section 5(b)(7) thereof,8 1 or the provisions of

30 USC 503. 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

"'Public Law 85-681 (72 Stat. 623) (1958), section 3, amended the title to section 68. Before amendment

it read: PUBLIC LANDS .. 'Public Law 85-681 (72 Stat. 632) (1958), section 3 amended section 68 by substituting a new subsec .b.

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.

"See Atomic Energy Act of 1946, appendix B, infra, section 5(b)(7).

Volume 1, Page 1-39
42 USC 2099.

Prohibition.

42 USC 2111.

Domestic

distribution.

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.

Chapter 8-BYPRODUCT MATERIAL

Sec. 81. Domestic Distribution.

a. IN GENERAL-No person may82 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 84.1 The Commission is authorized to issue

general or specific licenses to applicants seeking to use byproduct material

for research or development purposes; for medical .therapy, industrial uses,

agricultural uses, or such other useful applications as may be developed.

The Commission may distribute, sell, loan, or lease such byproduct

material as it owns to qualified applicants" with or without charge:

Provided, however, That, for byproduct material to be distributed by the

Commission for a charge, the Commission shall establish prices on such

equitable basis as, in the opinion of the Commission, (a) will provide

reasonable compensation to the Government for such material, (b) will not

discourage the use of such material or the development of sources of

supply-of such material independent of the Commission, and (c) will

encourage research and development. In distributing such material, the

Commission shall give preference to applicants proposing to use such

material either in the conduct of research and development or in medical

therapy. The Commission shall not permit the distribution of any

byproduct -material to any licensee, and shall recall or order the recall of

!any distributed material from any licensee, who is not equipped to observe

or who fails to observe such safety standards to protect health as may be

established by the Commission or who uses such material in violation of

law or regulation of the Commission or in a manner other than as

disclosed in the application therefor or approved bylthe 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

s

2

Public Law 109-58 (119 Stat. 807), August 8, 2005 ; section 651(e)(3XA)(i). designated existing text as

subsection (a) by inserting "(a). In general" preceding text.

"Public Law 95-604 (92 Stat. 3039) (1978), section 205(b). amended the first sentence of section 81.

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. : I -' -, ;'. .-

"Section 4 of Public Law 93-377 (88 Stat. 475) (1974) changed the word "licensees" to "qualified

applicants" and deleted the following sentence, which was previously the fifth sentence of section 81:

Licensees of the Commission may distribute byproduct material only to applicants therefor who

are licensed by the Commission to receive such byproduct material.

Volume 1, Page 1-40
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 I le., 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 defined

in paragraphs (3) and (4) of section I le., 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 WASTEByproduct material, as defined in paragraphs (3) and (4) of section 1 le.,

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

;.zý(2) carrying out a compact that isI (A) entered into in accordance with that Act (42 U.S.C. 202 lb

et seq.); and

(B) Approved by Congress."

(4) FINAL REGULATIONS-

(A) REGULATIONS-

(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 I le. 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

Deadline.

"Public Law 109-58 (119 Stat. 807), August 8, 2005, section 65 1(eX3) added new subsection (b)

"Requirements".

Volume 1, Page 1-41
the term in paragraphs (3) and (4) of section lie. 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-

(1) a description of the conditions under which a State

may exercise authority over byproduct material; and

(E) a statement of the Commission that any agreement

covering byproduct material, as defined in paragraph (1)

and (2) of section lle. 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 I le. 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 I le. 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.

(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 with respect to a matter relating to byproduct

material (as defined in paragraphs (3) and (4) of section 1 le. 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

Volume 1, Page 1-42
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

one year after the date of enactment of this Act; or

(III) any other mater 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 1 le. 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.

Federal Register, (C) PUBLICATION-The Commission shall publish in the

publication. Notice. Federal Re ster a notice of any waiver granted under this

subsection.

Sec. 82. Foreign Distribution of Byproduct Material.

42 USC 2112. a. The Commission is authorized to cooperate with any nation by

Foreign distributing byproduct material, and to distribute byproduct material,

distribution of pursuant to the terms of an agreemenrtfor cooperation to which such

byproduct material, 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.

1

6

Public Law 109-58 (119 Stat. 807), August 8, 2005; section 651(eX3XA)(ii), added subsections (B) and

(C).

Volume 1, Page 1-43
* Sec. 83.. Ownership and Custody of Certain Byproduct Material and

Disposable Sites.

42 USC 2113. a. Any license issued or renewed after the effective date of this section

42 USC 2002. under section 62 or section 81 for any activity which results in the

42 USC 2014. production of any byproduct material, as defined in section 1 le.(2), shall

42 USC 2111._ contain ,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

42 USC 2014. (2) ownership of any byproduct material, as defined in

section 1 le.(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.(l) to acquire land used for the disposal of byproduct material.

Any license which is in effect on the effective date of this section and

which is subsequently terminated without renewal shall comply with

paragraphs (1) and (2) upon termination.VY

Rule, regulation or (b)(1)(A) The Commission shall require by rule, regulation, or order

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 1 le.(2),

pursuant to such license shall be transferred to:

(i) the United States or-'

of (ii) the State in which such land is located, at the option

of such State.

unless"8 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 Act" 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,

"Public law 96-106 (93 Stat. 800) (1979), section 22(c)'amended last sentence of section 83a. 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. Public Law 96-106 (93 Stat. 800) (1979), section 22(e)(1) amended section 83(bXIXA) by striking out

all that follows "transferred to." through "Unless." Before amendment this part read as follows:

(A) the United States, or (B) the State in which such land is located, at the option of such State.

(2) Unless

'"Public Law 96-106 (93 Stat. 800) (1979) section 22(e)(2) amended section 83(bX(IXA) by inserting

section 81 of this Act" in lieu of "section 84b."

Volume 1, Page 1-44
42 USC 2092.

Post, p. 3039.

42 USC 2014.

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 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 I le.(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.

Volume 1, Page 1-45
(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 1 le.(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.'

Sec. 84. Authorities of Commission Respecting Certain Byproduct

Material.

42 USC 2114. a. The Commission shall insure that the management of any byproduct

material, as defined in section-i le.(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 non-radiological

hazards associated with the processing and with the possession and

transfer of such material taking into account the risk to the public

health, safety, and the environment, with due consideration of the

. economic costs and such other factors as the Commission determines

to be appropriate," .. Infa. (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. - 42 USC 6901 note. b. In carrying out its authority under this section, the Commission is

- authorized to- •

42 USC 2112. . (1) by rule, regulation, or order require persons, officers, or

Rule, regulation of instrumentalities, exempted from licensing under section 81 of this Act

order, to conduct monitoring, perform remedial work, and to comply with

such othermeasures 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

9OPublic Law 95-604 (92 Stat, 3033) (1978, section 202(a), added section 83. 9t

Public Law 97-415 (96 Stat. 2067) (1983), section 22 added the language after "material."

Volume 1, Page 1-46
Ante, p. 3033.

Civil penalty.

42 USC 2282.

42 USC 2014.

42 USC 2114.

42 USC 2022.

(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. 2

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 I le.(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

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 275.9"

Chapter 9-MILITARY APPLICATION OF ATOMIC

ENERGY

42 USC 2121.

Authority.

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

92Pubfic Law 95-604 (92 Stat. 3039) (1978), section 205(a), added section 84.

"

3

Public Law 97-415 (96 Stat. 2067) (1983), section 20 added subsection "c."

Volume 1, Page 1-47
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 withterms 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'satomic weapon design, development or

fabrication capability; for the purpose of improving that nation's state

of training and operational readiness;

(2) utilization facilities for military applications; and

(3) source, byproduct, or special nuclear material for research on,

development of, production of, or use in-utilization facilities for

military applications; and

(4) source, byproduct,'or special nuclear material for research on,

development of, or use in atomic weapons: Provided, however, That

the transfer of such material to that nation is necessary to improve its

atomic weapon design, development, or fabrication capability: And

provided further, That such nation has made substantial progress in the

development of atomic weapons,

whenever the President determines that the proposed cooperation and each

proposed transfer arrangement for the nonnuclear parts of atomic weapons

and atomic weapons systems, utilization facilities or source, byproduct, or

special nuclear material will promote and will not constitute an

unreasonable risk to the common defense and security, while such other

nation is participating with the United States pursuant to an international

arrangement by substantial and material contributions to the mutual

defense and security: Provided, however, That the cooperation is

undertaken pursuant to an agreement entered into in accordance with

section 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

Volume 1, Page 1-48
42 USC 2122.

Prohibition.

applications in accordance with the terms and conditions of this subsection

and of the agreement for cooperation".

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 3 la. or section I01.9'

"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."96

- Chapter 10-ATOMIC ENERGY LICENSES

Sec. 101. License Required. 42 USC 2131. It shall be unlawful, except as provided in section 91, for any person License required. within the United States to transfer or receive in interstate commerce, manufacture, produce,, transfer, acquire, possess, use,'" import, or export ..any utilization or production facility except under and in accordance with

a license issued by the Commission pursuant to section 103 or section 104.

Sec. 102. Utilization and Production Facilities for Industrial or

Commercial Purposes. 42 USC 2132. 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

"

4

Public Law 83-703 (68 Stat. 936), Aug. 30, 1954, Title L Ch. 9, section 91, Pubfic Law 85-479, (72

Stat. 276), July 2, 1958, section !; Public Law 101-189 (103 Stat. 1684), Nov. 29, 1989, Div. C, title XXXI,

Part E, section 3157; Public Law 102-486 (106 Stat. 2944), Oct. 24, 1992,Title IX, section 902(aX8), renumbered title L..

"Public Law 108-458 (118 Stat. 3771), December 17,2004, added new language to section "a".

"Public Law 108-458 (118 Stat. 3771), December 17, 2004 added new "b." section.

9'Public Law 84-1006 (70 Stat. 1069) (1956), section 11, added the word "use."

Volume 1, Page 1-49
42 USC 2133.

Commercial

licenses.

Demonstration Program shall, except as otherwise specifically required by

applicable law, be issued under subsection 104b."

See. 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, use" 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."o

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 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 operation"' and may be renewed upon the expiration of such

period. ., i

. 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

"Public Law 91-560 (84 Stat. 1472) (1970), section 3, amended section 102, 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.

"Public Law 84-1006 (70 Stat. 1069) (1956), section 12, added the word "use."

1

"ePublic Law 91-560 (84 Stat. 1472) (1970). section 4, amended the first sentence of section 103a. 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 cooperatiun arranged pursuant to section 123, such type of

utilization or production facility.

'O'Public Law 109-58, (119 Stat. 782), August 8, 2005, section 621, inserted "from the authorization

to commence operations" after "forty years".

Volume 1, Page 1-50
42 USC 2133.

42 USC 2237.

42 USC 2134.

Medical therapy

and research and

development.

an alien or any"02 corporation or other entity if the Commission knows or

hasreason 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.'0 3

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 of

such regulations and terms of license as will permit the Commission to

fulfill its obligations under this Act.1

' 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

lPublic " Law 84-1006 (70 Stat. 1069) (1956), section 13, added the words "an alien or any" between the

words "to" and "any" in the second sentence of subsec. 103d. Addition of the word "any" was, of course,

unnecessary.

'"Public Law 96-295 (94 Stat. 786) (1980) section 201, added subsec. (f) without prior enactment of

subsec. (e).

1

04

Public Law 91-560 (84 Stat. 1472) (1970), section 5, amended subsec. 104b. Before amendment it read

is 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 commercialpurposes.

Volume 1, Page 1-51
42 USC 2135.

Antitrust

provisions.

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 Act1

" shall relieve any person from the

-operation of the following Acts, as amended, An Act to protect trade and

commerce against unlawful restraints and monopolies,, approved July

second, eighteen hundred and ninety: sections seventy-three to seventy-six"° inclusive, of an Act entitled 'An Act to reduce taxation, to

provide revenue for the Government, and for other purposes approved

August twenty-seven, eighteen hundred and ninety-four; 'An Act to

supplement existing laws against unlawful restraints and monopolies, and

for other purposes, approved October fifteen, nineteen hundred and

fourteen; and 'An Act to create a Federal Trade Commission, to 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 ina proceeding to enforce or review the findings or orders of any

Government agency having jurisdiction under the laws cited above, to

have violated any of the provisions of such laws in the conduct of the

licensed activity, the Commission may suspend, revoke, or take such other

action as it may deem necessary with respect to any license issued by the

Commission under the provisions of this 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

'C5Public Law 88-489 (78 Stat. 602) (1964). section 14, deleted the phase ". including the provisions which

.vest title to all special nuclear material in the United States," which appeared after the word "Act."

'0Pubfic Law 107-273 (116 Stat. 1921), Nov. 2, 2002, Div. C, Title IV, section 14102(cX2)(D).

Volume 1, Page 1-52
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'sactivities orproposed 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 utilizatibn 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

p : recommends that there be a hearing, the Attorney General or his designee

may participate as a party in the proceedings thereafter held by the

Commission on such licensing matter in connection with the subject matter

of his advice. The Commission shall give due consideration to the advice

received from the Attorney General and to such evidence as may be

provided during the proceedings in connection with such subject matter,

and shall make a finding as to whether the activities under the license

would create or maintain a situation inconsistent with the antitrust laws as

specified in subsection 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 toissue a license, to rescind a license or

amend it, and to issue a license with such conditions as it deems

appropriate.

Volume 1, Page 1-53
(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.`

(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.'" i

Sec. 106. Classes Of Facilities.

42 USC 2136. The Commission mayClasses of facilities. a. group the facilities licensed either undersection 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.

42 USC 2137. The Commission shallOperators' licenses, a. prescribe uniform conditions for licensing individuals as operators

of any of the various classes of production and utilization facilities

licensed in this Act;

1

07

Public Law 91-560 (84 Stat. 1472) (1970), section 6, amended subsec. 105c. Before amendment it read

as follows:

c. Whenever the Commission proposes to issue any license to any p ons under on 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 furmish or cause to be furnished such information as the Attorney General determines to be

atpropriate or necessary to enable him to give the advice called for by this section. IPublic Law 109-58, (119 Stat. 784), August 8, 2005; section 625, subsection (CX9) added

paragraph (9).

Volume 1, Page 1-54
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.

42 USC 2138. Whenever the Congress declares that a state of war or national

War or national emergency exists, the Commission is authorized to suspend any licenses

emergency. 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 material"1 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.

ýSec. 109. Component And Other Parts Of Facilities.

42 USC 2139. a. With respect to those utilization and production facilities which are

Domestic activities so determined by the Commission pursuant to subsection 1 lv.(2) or

licenses, issuance, I Icc.(2) the Commission may issue general licenses for domestic activities

authorization, 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.

Export licenses. b. After consulting with the Secretaries of State, Energy, and

Commerce,110 the Commission is authorized and directed to determine

which component parts as defined in subsection 1 lv.(2) or I lcc.(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,

Ante, p.131. substance, or item which is so determined by the Commission shall be

exported unless the Commission issues a general or specific license for its

export after finding, based on a reasonable judgment of the assurances

provided and other information available to the Federal Government,

including the Commission, that the following criteria or their equivalent

are met: (1) IAEA safeguards as required by Article II(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.

"'Public Law 86-373 (73 Stat. 688) (1959), section 2, amended section 108 by deleting the phrase

"distributed under the provisions of subsection 53a.," after the words "special nuclear material" in the second

sentence. "

0

Public Law 105-277 (112 Stat. 2681-774), Oct. 21, 1998, struck "and the Director".

Volume 1, Page 1-55
c. The Commission shall not issue an export license under the

Sauthority 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."'

Sec. 110. Exclusions.

42 USC 2140. Nothing in this chapter shall be deemed

Exclusions. 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.

See. 111. Distribution By The Department Of Energy. 42 USC 214 1. a. The Nuclear Regulatory Commission is authorized to license the

42 USC 2112. distribution of special nuclear material, source material, and byproduct . Supra. 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

Department of State and has consulted with' 2 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

Post, p. 136. information available to the United States Government, that the criteria in

Post, p. 137. section 127 of this Act or their equivalent and any applicable criteria in

"'Public Law 95-242 (92 Stat. 141) (1978). section 309(a), amended section 109 by substituting a

complete new section 109. Before amendment, section 109 read as follows:.

Sec. 109. Component Parts of Fadilities-With respect to those utilization and production facilities

which are so determined by this Commission pursuant to subsection lv.(2) or l1cc.(2) the Commission

may (a) issue general licenses foractivities required to be licensed under section 101, if the Commission

determines in writing that tuch 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 Public Law 89-645 (80 Stat. 891) (1966), section 1. Prior to amendment, reference was to "I IL(2).'

Amended by Public Law 89-645 (80 Stat. 891) (1966), section 1. Prior to amendment, reference was to "1 !aa(2)."' Earlier, Public Law 87.615 (76 Stat. 409) (1962), section 9, had amended the reference.

Prior to this amendment the reference was to "I Iv.(2).,

`ePublic Law 105-277 (112 Stat. 2681-774), Oct. 21, 1998, struck "the Arms Control and Disarmament

Agency". . I ;,

Volume 1, Page 1-56
subsection 128 are met, and that the proposed distribution would not be

inimical to the common defense and security."n3

Chapter 11- INTERNATIONAL ACTIVITIES

Sec. 121. Effect of International Arrangements.

42 USC 215 1, Any provision of this Act or any action of the Commission to the

Effect of extent and during the time that it conflicts with the provisions of any

international' international arrangements made after the date of enactment of this Act

arrangements. shall be deemed to be of no force or effect.

Sec. 122. Policies Contained in International Arrangements.

42 USC 2152. In the performance of its functions under this Act, the Commission

Policies contained shall give maximum effect to the policies contained in any international

in international. arrangement made after the date of enactment of this Act.

arrangements. Sec. 123. Cooperation With Other Nations. , 42 USC 2073. . No cooperation with any nation, group of nations or regional defense

42 USC 2074. organization pursuant to section 53, 54a., 57, 64, 82, 91, 103, 104, or 144

42 USC 2077. shall be undertaken until42 USC 2094. 'a. the proposed agreement for cooperation has been submitted to the

42 USC 2112. President, which proposed agreement shall include the terms, conditions,

42 USC 2121.':, duration, nature, and scope of the cooperation; and shall include the

42 USC 2133. following requirements:

42 USC 2134.' (1)' a guaranty by the cooperating party that safeguards as set forth

42 USC 2164. ' in the agreement for cooperation will be maintained with respect to all

Cooperative - nuclear materials and equipment transferred pursuant thereto, and with

agreements, *'i respect to all special nuclear material used in or produced through the

submitted to use of such nuclear materials and equipment, so long as the material or

President'. . equipment remains under the jurisdiction or control of the cooperating

Contents. 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; 4,

(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

Sequipment or sensitive nuclear technology transferred pursuant to such -agreement, will be used for any nuclear explosive device, or for

% - research on or development of any nuclear explosive device, or for any -other military purpose;

(4) except in the case of those agreements for cooperation arranged

pursuant to 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

"Public Law 95-242 (92 Stat. 125) (1978), section 301(c), added section 111.

Volume 1, Page 1-57
42 USC 2121.

42 USC 2164.

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.,' 4 any production or utilization facility transferred pursuant to the agreement for cooperation or any special..

nuclear material produced through the useof 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, e ; ,

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 ý.

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.,"' 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.,116 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 1

(9) except in the case of agreements for cooperation arranged

pursuant to subsection 91c., 144b., 144c., or 144d.," 7 a guaranty by

the cooperating party that any special nuclear material, production

facility, or utilization facility produced or constructed under the

jurisdiction of the cooperating party by or through the use of any

sensitive nuclear technology transferred pursuant to such agreement for

cooperation will be subject to all the requirements specified in this

subsection.

"4As amended by Public Law 103-227 (108 Stat. 2092), October 5, 1994.

.. As amended by Public Law 103-227 (108 Stat. 2092), October 5, 1994. ..As amended by Public Law 103-227 (108 Stat. 2092), October 5, 1994.

'As amended by Public Law 103-227 (108 Stat. 2092), October 5. 1994.

.Volume 1, Page 1-58
42 USC 2121.

42 USC 2164.

Agreement

requirements

Presidential

exemptions.

Nuclear

Proliferation

Assessment

Statement,

submitted to

President.

Proposed

cooperation

agreements

submittal to

President.

The President may exempt a proposed agreement for cooperation (except

an agreement arranged pursuant to subsection 91 c., 144b., 144c., or

144d. "8) 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."u any proposed agreement for

cooperation shall be negotiated by the Secretary of State, with the

technical assistance and concurrence of the Secretary of Energy and'°

after consultation with the Commission shall be submitted to the President

jointly by the Secretary of State and the Secretary of Energy accompanied

by the views and recommendations of the Secretary of State, the Secretary

of Energy and the Nuclear Regulatory Commission. 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)12 1 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.," 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: I 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 144,21 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 the

consistency of the terms of the proposed agreement with all the

"As amended by Public Law 103-227 (108 Stat. 2092), October 5, 1994.

I"As amended by Public Law 103-227 (108 Stat. 2092), October 5, 1994.

'20Public law 105-277 (112 Stat. 2681-774), Oct. 21, 1998 struck "and in consultation with the Director of

the Arms Control and Disarmament Agency ("the Director")". "' 2 As amended by Public Law 99-64, section 301 (a)(1).

"LAs amended by Public Law 103-227 (108 Stat. 2092), October 5, 1994. `aAs amended by Public Law 103-227 (108 Stat. 2092), October 5, 1994.

Volume 1, Page 1-59
Submittal to

congressional

committees.

Ante, p. 139.

42 USC 2073.

42 USC 2074.

42 USC 2133.

42 USC 2134.

Ante, p.142.

Ante, p.139.

requirements of this Act, and"2 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; ,I :. I 1ý 2ý, - 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 International Relations

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 91 c., 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 International Relations 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 resolution stating in

substance that the Congress does not favor the proposed agreement for

cooperation: Provided, That the sixty-day period shall not begin until a

Nuclear Proliferation Assessment Statement prepared by the Secretary of

State, and any annexes thereto,"2 when required by subsection 123a., have

been submitted to the Congress: Provided furtherThat an agreement for

cooperation exempted by the President pursuant to subsection a. from any

requirement contained in that subsection shall not become effective unless

the Congress adopts, and there is enacted, a joint resolution stating that the

Congress does favor such agreement.'" During the sixty-day period the

Committee on Foreign Affairs of the House of Representatives and the

Committee on Foreign Relations of the Senate shall each hold hearings on

the proposed agreement for cooperation and submit a report to their

respective bodies recommending whether it should be approved or

12A e y a s 3 As amended by Public Law 99-64, section 301(aX2). '"As amended by Public Law 99-64, section 301 (a)(1)... .

'2Public Law 105-277 (112 Stat. 774), Oct. 21,1998, struck "Nuclear Proliferation Assessment Statement

prepared by the Director of the Arms Control and Disarmament Agency".

"As amended by Public Law 99-64, section 301(bX2).

Volume 1, Page 1-60
42 USC 2121.

42 USC 2164.

Agency views to

Congressional

Committees.

Ante, p. 131.

Ante, p. 137.

disapproved. 2" Any such proposed agreement (or cooperation shall be

considered pursuant to the procedures set forth in section 130i. of this

Act.'9

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 International Relations

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 ofenactment 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. '1

-

2

8As amended by Public Law 99-64, section 301(aX3).

"'As amended by Public Law 99-64, section 301(b)(3).

"•Public Law 95-242 (92 Stat. 142) (1978). section 401, amended section 123 by substituting a complete

new section 123. Before amendment, section 123 read as follows: I

Sec 123. Cooperation With Other Nations-No cooperation with any nation or regional defense

organization pursuant to sections 53, 54a, 57, 64, 82, 91, 103, 104, or 144 shall be undertaken untila. the Commission 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, the Department of Defense has

submitted to the President the proposed agreement for cooperation, together with its recommendations

thereon, which proposed agreement shall include (I) the terms, conditions, duration, nature, and scope of

the cooperation; (2) a guaranty by the cooperating party that security safeguards and standards as set forth

in the agreement for cooperation will be maintained; (3) except in the case of those agreements for

cooperation arranged pursuant to subsection 91c., a guaranty by the cooperating party that any material to

be transferred pursuant to such agreement will not be used for atomic weapons, or for research on or

development of atomic weapons or for any other mifitary purpose; and (4) a guaranty by the cooperating

party that any material or any Restricted Data to be transferred pursuant to the agreement for cooperation

will not be transferred to unauthorized persons or beyond the jurisdiction of the cooperating party, except

as specified in the agreement for cooperation;

b. 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, together with the approval and the determination of the

President, has been submitted to the Joint committee and a period of thirty days has elapsed while congress

is in session (in computing such thirty days, there shall be excluded the days on which either House is not

in session because of an adjournment of more than three days): Provided, however, That the Joint

Committee, 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 together with the approval and determination of the

President, if arranged pursuant to subsection 91c; 144b., or 144c., or if entailing implementation of

section 53, 54a, 103 or 104 in relation to a reactor that may be capable of producing more than five

(continued...)

Volume 1, Page 1-61
Sec. 124. International Atomic Pool

42 USC 2154. The President is authorized to enter into an international arrangement

International with a group of nations providing for international cooperation in the ,

atomic pool. 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 Berlin.

42 USC 2153. The President may authorize the Commission to enter into agreements

Cooperation with for cooperation with the Federal Republic of Germany in accordance with

Berlin. 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

IN(... cntinued)

thermal megawatts or special nuclear material foruse in connection therewith, has been submitted to the

Congress and referred to the Joint Committee and a period of sixty days has elapsed while congress is in

session (in computing such sixty days, there shall be excluded the days on which either House is not in

session because of an adjournment of more than three days), but any such proposed agreement for

cooperation 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 agreement for cooperation: Provided,

That prior to the elapse of the first thirty days of any such sixty-day period the Joint committee shall

submit a report to the Congress of its views and recommendations respecting the proposed agreement and an accompanying proposed concurrent resolution stating in substance that the Congress favors, or does not

favor, as the case may be, the proposed agreement for cooperation. Any such concurrent resolution so reported shall become the pending business of the House in question (in the case of the Senate the time for

debate shall be equally divided between the proponents and the opponents) within twenty-five days and

shall be voted on within five calendar days thereafter, unless such House shall otherwise determine.

'Public Law 88-489 (78 Star. 602) (1964), section 15, added "53."

bSec. 5 of Public Law 93-377 (88 Stat. 475) (1974) changed the term "54" to "54a."

Public Law 85479 (72 Star. 276) (1958), section 3 amended section 123 by inserting "91," and

substituting a new subsec. a. Before amendment subsec. a. read as follows: a. the Commission or, in the case of those agreements for cooperation arranged pursuant to

subsection 144b., the Department of Defense has submitted to the President the proposed agreement for

cooperation, together with its recommendation thereon, which proposed agreement shall include (1) the

terms conditions, duration, nature,,and scope of the cooperation; (2) a guaranty by the cooperating party

that security safeguards and standards as set forth in the agreement for cooperation will be maintained; (3) a guaranty by the cooperating party that any material to be transferred pursuant to such agreement will not

be used for atomic weapons, or for research on or development of atomic weapons, or for any other

military purpose; and (4) a guaranty by the cooperating party that any material or any Restricted Data to be

transferred pursuant to the agreement for cooperation will not be transferred to unauthorized persons or beyond the jurisdiction of the cooperating party, except as specified in the agreement for cooperation; Public Law 85-681 (72 Stat. 632) (1958), section 4, added the proviso to subsec. 123 c. The

semicolon erroneously inserted after the word "and" at the end of the subsection was added by Public Law

85-479. Subsec. 123d was amended by Public Law 93-485 (88 stat. 1460) (1974). Prior to amendment,

subsec. 123d read as follows:

d. the proposed agreement for cooperation, together with the approval and determination of the

President, if arranged pursuant to subsection 91c., 144b., or 144c., has been submitted to the Congress

and referred to the Joint Committee and a period of sixty days has elapsed while Congress is in

session, but any such proposed agreement for cooperation 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 agreement for cooperation: Provided, however, That during the Eighty-fifth Congress

such period shall be thirty days (in computing such sixty days, mr thirty days, as the case may be, there

shall be excluded the days on which either House is not in session because of an adjournment of more than three days). dPublic Law 85-479 (72 Star. 276) (1958), section 4 added new subsec. 123d.

Volume 1, Page 1-62
cooperate with Berlin pursuant to section 54a,"3

' 57, 64, 82, 103, or 104;

Provided, That the guaranties required by section 123 shall be made by

Berlin with the approval of the allied commandants. 32

Sec. 126. Export Licensing Procedures.

42 USC 2112. a. No license may be issued by the Nuclear Regulatory Commission

42 USC 21555. (the "Commission") for the export of any production or utilization facility,

Ante, p. 125.. or any source material or special nuclear material, including distributions

Executive branch of any material by .the Department of Energy under section 54, 64, or 82,

judgment notice to for which a license is required or requested, no exemption from any

commission.. requirement for such an export license may be granted by the Commission,

Exemption. as the case may be, untilSupra. (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

Contents. lacks significance for nuclear explosive purposes. The Secretary of

Procedures;,. 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,'M 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 policydecisions or diplomatic consultations can be initiated

Standards and in a timely manner.. An immediate effort should be undertaken to

criteria, 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

S more than sixty days from receipt of the application or request, unless

the Secretary of State in his discretion specifically authorizes

1' 3 Sec. 5 of Public Law 93-377 (88 stat. 475) (i974) amended sections 124 and 125 by substituting the

terms 1"54a" 2 for the term "54."1 public Law 85-14 (71 Stat. 11) (1957), added section 125.

"'Public Law 105-277 (112 Stat. 774); Oct. 21, 1998, struck "the Director of the Arms Control and

Disarmament Agency".

Volume 1, Page 1-63
Notice to

congressional

committees.

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 International Relations of the House of

Representatives of any such authorization. In submitting any such',

judgment, the Secretary of State shall specifically address the extent to

' which the export criteria then in effect are met and the extent to which

the cooperating party has adhered to the provisions of the applicable

agreement for cooperation. In the event he considers it warranted, the

Secretary may also address the following additional factors, among

others:

Post, p.

Data an

reconnir

Data an recomm

42 USC

(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

136. ' (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.

d The Secretary of State shall provide appropriate data and

iendations. 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

d (2) the Commission finds, based on a reasonable judgment of the

endations. assurances provided and other information available to the Federal

Government, including the Commission, that the criteria in section 127

2-- of this Act or their equivalent, and any other applicable statutory

2154. 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

Non-Proliferation 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

on, notice enactment of this section: Providedfurther, That if, upon the

ress. 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

Extensi

to Cong

", Volume 1, Page 1-64
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

International Relations of the House of Representatives or the

Committee on Foreign Relations of the Senate reports a joint

resolution to take any action with respect to any such extension, such

joint resolution will be considered'in the House or Senate, as the case

may be, under procedures identical to those provided for the

Findings. consideration of resolutions pursuant to section 120 of this Act: And

Post, p.139. 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

Judicial review, this paragraph for findings of the Commission. The decision not to

exception. 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

Presidntial have been met.

Presidential review., (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

Post, p.139. export may be authorized by Executive order: Provided, That prior to

Report to Congress - any such export, the President shall submit the Executive order,i

and congressional together with his explanation of why, in light of the Commission's

committees. decision, the export should nonetheless be made, to the Congress for a

Volume 1, Page 1-65
period of sixty days of continuous session (as defined in subsection

130g.) and shall be referred to the Committee on International

Relations 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

Review. 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

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.

Concerns and In initiating its review the Commission may identify a set of concerns

request, transmittal and requests for information associated with the projected issuance of

to executive such license and shall transmit such concerns and requests to the

branch. 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

Relin subsection a.(l) of this section. ý ; - Referral to c. In the event that the House of Representatives or the Senate passes a

congressional joint resolution which would adopt one or more additional export criteria,

committees. 'or would modify any existing export criteria under this Act, any such joint,

Volume 1, Page 1-66
42 USC 2156.

resolution shall be referred in the other House to the Committee on

Foreign Relations of the Senate or the Committee on International

Relations 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."M

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: (1) IAEA safeguards as required by Article 111(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

Non-Proliferation 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 nuclearmaterial 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

"4

Public Law 95-242 (92 Stat. 131) (1978), section 304(a), added section 126.

Volume 1, Page 1-67
42 USC 2157.

Export

applications,

criterion

enforcement.

Ante, p.131.

Post, p.139.

Congressional

disapproval.

resolution.

the recipient nation or group of nations by or through the use of any

exported sensitive nuclear technology.' 35

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. 1 (2) The President shall seek to achieve adherence to the foregoing

criterion by recipient non-nuclear weapon states.

b. The criterion set forth in subsection a. 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 twenty-four

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 International Relations 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 ofmaterials, 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

'3Public Law 95-242 (92 Stat. 136) (1978), section 305, added section 127.

Volume 1, Page 1-68
Export

authorizations,

congressional

review.

42 USC 2158.

Export

terminations,

criterion.

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 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.') •

Sec. 129. Conduct Resulting In Termination Of Nuclear Exports.

a. No nuclear materials and equipment or sensitive nuclear technology

shall be exported to-137

(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 thePresident'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

'rePublic Law 95-242 (92 Stat. 137), section 306, added section 128.

'

37

Public Law 109-58, (119 Stat. 788), August 8, 2005, section 632(a)(1), designated the matter preceding

paragraph (1) as subsection (a) by inserting "a." preceding "No nuclear materials and equipment".

Volume 1, Page 1-69
Report to Congress.

Infra.

technology to the sovereign control of a non-nuclear-weapon state

except in connection with an international fuel cycle evaluation in

which the United States is a participant or pursuant to a subsequent

international agreement or understanding to which the United

States subscribes;

unless the President determines that cessation of such exports would be

seriously prejudicial to the achievement of United States non-proliferation objectives or otherwise jeopardize the common defense and

security: Provided, That prior to the effective date of any such

determination, the President's determination, together with a report

containing the reasons for his determination, shall be submitted to the

Congress and referred to the Committee on International Relations 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 become effective if during such sixty-day period the Congress

adopts a concurrent resolution stating in substance that it does not

favor the determination. Any such determination shall be considered

pursuant to the procedures set forth in section 130 of this Act for the

consideration of Presidential submissions.sI

b.(1) Notwithstanding any other provision of law, including

specifically section 121 of this Act, and except as provided in paragraphs (2) and (3),;no nuclear materials and equipment or sensitive

nuclear technology, including items and assistance authorized by

section 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. 24050)(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.

'"1Public Law 95-242 (92 Stat. 138) (1978), section 307, added section 129

Volume 1, Page 1-70
(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 - : 1

(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

42 USC 2158 of Atomic Energy Act of 1954, as added by subsection (a) of this section,

note. 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."39

Sec. 130. Congressional Review Procedures.

42 USC 212 1. -a. Not later than forty-five days of continuous session of Congress after

42 USC 2159. the date of transmittal to the Congress of any submission of the President

42 USC2164. required by subsection"4 126a.(2), 126b.(2), 128b.,129, 131a.(3), or

Ante, pp. 131, 137, 131f.(1)(A) of this Act, the Committee on Foreign Relations of the Senate 138, 127. and the Committee on Foreign Affairs of the House of RepresentativesT4'

Congressional shall -each submit a report to its respective House on its views and

committee reports. recommendations respecting such Presidential submission together with a

Post, p. 142. 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."42 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

'"Public Law 109-58, (119 Slat. 789), August 8, 2005, section 632(a)(1), added subsection (b).

14°Public Law 99-64, section 301(c)(1)(A)(i) '

41

Public Law 99-64, section 301(cXl)(AXii) "

4 Public Law 99-64, section 301(c)(1XB)

Volume 1, Page 1-71
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.

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 relatingto 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.

Resolution.'-, - 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.

Continuous g. (1) Except as provided in paragraph (2), for the purposes of this

sessions of sectionCongress. I (A) continuity of session is broken only by an adjournment of

Congress sine die; and

Computation (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.

Volume 1, Page 1-72
h. Thissection 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.'43

i. (1) For the purposes of this subsection, the term "joint resolution"

means-a joint resolution, the matter after the resolving clause of which is

as follows: That the Congress (does or does not) favor the proposed

agreement for cooperation transmitted to the Congress by the President on

. . with the date of the transmission of the proposed agreement for

cooperation inserted in the blank, and the affirmative or negative phrase

within the parenthetical appropriately selected.

(2) On the day on which a proposed agreement for cooperation is

submitted to the House of Representatives and the Senate under

section 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, 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.arraniged 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, the committee shall be discharged from further

consideration of the joint. resolution or of any other joint resolution

introduced with respect to the same matter; except that, in the case of a

joint resolution which has been referred to more than one committee, if

before the end of that 45-day period one such committee has reported

the joint resolution, any 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.

1OPublic Law 95-242 (92 Stat. 138) (1978); section 308, added section 130.

Volume 1, Page 1-73
(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 Arrangements.

42 USC 212 1. - a.(l) Prior to entering into any proposed subsequent arrangement

42 USC 2160. under an agreement for cooperation (other than an agreement for

42 USC 2164. cooperation arranged pursuant to subsection 91c., 144b., or 144c. of this

Consultation. 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

Notice publication facilities, or nuclear technology. Notice of any proposed subsequent

in the Federal arrangement shall be published in the Federal Register, together with the

Register,. written determination of the Secretary of Energy that such arrangement

will not be inimical to the common defense and security, and such

proposed subsequent arrangement shall not take effect before fifteen days

after publication. Whenever the Secretary of State is required'" to prepare

-a Nuclear Proliferation Assessment Statement pursuant to paragraph (2) of

this subsection, notice of the proposed subsequent arrangement which is

the subject of the requirement to prepare a Nuclear Proliferation

Assessment Statement"45 shall not be published until after the receipt by the Secretary of Energy of such Statement or the expiration of the time

authorized by subsection c. for the preparation of such Statement,

'whichever occurs first.

Nuclear (2) If in the view of the Secretary of State, Secretary of Energy,

Proliferation Secretary of Defense, or the Commission, a proposed subsequent

Assessment arrangement might significantly contribute to proliferation, the

Statement. Secretary of State, in consultation with such Secretary or the

Commission shall prepare an unclassified Nuclear Proliferation

'"Public Law 105-277 (112 Stat. 2681-774), Oct. 21, 1998, struck "the Director declares that he intends".

4' 4 Public Law 105-277 (112 Stat. 2681-774), Oct. 21, 1998, struck "the Director's declaration".

Volume 1, Page 1-74
Subsequent

arrangements.

Contracts.

Ante, p. 125.

Post, pp. 131, 141.

Post, p., 142.

Report to

congressional

committees.

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;

I (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 I I lb., 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-

(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

Volume 1, Page 1-75
Post, p. 139.

Nuclear materials,

reprocessing or

transfer procedures.

grams resulting from the reprocessing of any such material, until he

has provided the Committee on International Relations 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 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

Volume 1, Page 1-76
all the information required of the applicant' for the entire process for

Controversial every agency's'needs at the beginning of the process. Potentially

requests, controversial request should be identified as quickly as possible so that

identification. any required policy decisions or diplomatic consultations can be initiated

Standards and in a timely manner. An immediate effort should be undertaken to establish

criteria. quickly any necessary standards and criteria, including the nature of any

required assurance or evidentiary showings, for the decisions required

Nuclear under this section. Further, such procedures shall specify that if he intends

Proliferation to prepare a Nuclear Proliferation Assessment Statement, the Secretary of

Assessment State" shall so declare in his response to the Department of Energy. If

Statement. the Secretary of State' 47 declares that he intends to prepare such a

Statement, he shall do so within sixty days of his receipt of a copy of the

Notice to proposed subsequent arrangement (during which time the Secretary of

congressional Energy may not enter into the subsequent arrangement), unless pursuant to

committees. the Secretary of State's' 4 request, the President waives the sixty-day

Presidential waiver. requirement and notifies the Committee on International Relations of the

House of Representatives and the Committee on Foreign Relations of the

Senate of such waiver and the justification therefor. The processing of any

subsequent arrangement proposed and filed as of 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. Nothingin 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.

42 USC 7172. 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 RegulatoryCommission, shall have sole jurisdiction

within the Department of Energy over any matter arising from any

function of the Secretary of energy in this section.,

Presidential plan, f.(1) With regard to any subsequent arrangement under

submittal to subsection a.(2)(E) (for the storage or disposition of irradiated fuel

Congress. 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 International relations of the House of

representatives and the Committee on Foreign Relations of the

146Public Law 105-277 (112 Stat. 2681-775), Oct. 21, 1998, struck "Director" and added "Secretary of

State".

"

4

'Public Law 105-277 (112 Stat. 2681-775), Oct. 21, 1998, struck "Director" auid added "Secretary of

State".

"Public Law 105-277 (112 Stat. 2681-775), Oct. 21, 1998, struck "Director" and added "Secretary of

State".

Volume 1, Page 1-77
Ante, p. 125.

Post, p. 131.

Notice to

congressional

committees.

Plan, contents.

Foreign spent

nuclear fuel.

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 International

Relations 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:

I (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 International

Relations and Science and Technology of the House of

Representatives and the Committees on Foreign Relations and Energy

and Natural Resources of the Senate of the determination and action,

with a detailed explanation and justification thereof, as soon as

possible.,

(3),Any plan submitted by the President under 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

Volume 1, Page 1-78
42 USC 2160b.

President of U.S.

42 USC 2160c.

42 USC 2160.

42 USC 2160d.

regardless of the origin or licensing of the fuel or reactor, but not

including fuel irradiated in a research reactor.' 49

Sec. 132. Authority To Suspend Nuclear Cooperation With Nations

Which Have Not Ratified The Convention On The Physical Security

Of Nuclear Material.

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 Arrangements.

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 5"5 kilograms of uranium enriched

,to more than 20 percent in the isotope 233 or the isotope 235.152

Sec. 134. Further Restrictions on Exports.

(a). IN GENERAL'5 3-Except as provided in subsection b., the

Commission'54 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'

"'Public Law 95-242 (92 Stat. 127) (1978). section 303(a), added section 131.

"OPublic Law 99-399 (100 Stat 853) (1986). section 602 added section 132.

"'Public Law 103-236 (108 Stat. 521) (1994), changed 20 kilograms to 5 kilograms.

"

2Public LaW 99-399 (100 Stat 853) (1986), section 602 added section 133. -3Public Law 109-58 (119 Stat. 785), August 8, 2005; section 630(1), struck out the editorially supplied

heading for subsection (a), and inserted "(a). In general".

"'Public Law 109-58 (119 Stat. 785), August 8. 2005, section 630(l) struck out "The Commission" and

inserted "Except as provided in subsection (b), the Commission".

Volume 1, Page 1-79
.(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:

I. . (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 -, I

(ii) is designed to accumulate temporarily in a part of the

body for therapeutic purposes orfor 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 -I . :

(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 determinesthat additional physical protection

requirements are necessary (including a limit on the quantity of

highly enriched uranium that may be contained in a single

Volume 1, Page 1-80
shipment), the Commission shall impose such requirements as

license conditions or through other appropriate means.

(4) FIRST REPORT TO CONGRESSContracts. (A),NAS STUDY-The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct a study to

determine-

(i) the feasibility of procuring supplies of medical isotopes

from commercial sources that do not use highly enriched

uranium;

(ii) the current and projected demand and availability of

medical isotopes in regular current domestic use;

(iii) the progress that is being made by the Department of

Energy and others to eliminate all use of highly enriched

uranium in reactor fuel, reactor targets, and medical isotope

production facilities; and

(iv) the potential cost differential in medical isotope

production in the reactors and target processing facilities if the

products were derived from production systems that do not

involve fuels and targets with highly enriched uranium.

(B) FEASIBILITY-For the purpose of this subsection, the use

of low enriched uranium to produce medical isotopes shall be

determined to be feasible if- . I

(i) low enriched uranium targets have been developed and

demonstrated for use in the reactors and target processing

f 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

Volume 1, Page 1-81
meet domestic demand without the use of highly enriched uranium

consistent with the cost increase described in paragraph (4)(B)(iii).

(6) CERTIFICATION-At such time as commercial facilities that

do not use highly enriched uranium are capable of meeting domestic

requirements for medical isotopes, within the cost increase described

in paragraph (4)(B)(iii) and without impairing the reliable supply of

medical isotopes for domestic utilization, the Secretary shall submit to

Congress a certification to that effect.

(7) SUNSET PROVISION-After the Secretary submits a

certification under paragraph (6), the Commission shall, by rule,

terminate its review of export license applications under this

Ssubsection.155

c. As used in this section 1-

(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."

c. Report to Congress.

(1) IN GENERAL.-Not later than 90 days after the date of the

enactment of this Act, the Chairman of the Nuclear Regulatory

Commission, after consulting with other relevant agencies, shall submit

to the Congress a report detailing the current disposition of previous

United States exports of highly enriched uranium, including-

(A) their location;

(B) whether they are irradiated;

(C) whether they have been used for the purpose stated in their

export license; and

(D) whether they have been used for an alternative purpose and,

if so, whether such alternative purpose has been explicitly

approved by the Commission.

(2) EXPORTS TO EURATOM.-To the maximum extent possible,

the export required by paragraph (1) shall include-

(A) exports of highly enriched uranium to EURATOM; and

'" 5Public Law 109-58, (119 Stat. 785), August 8, 2005, section 630(2), (3), added subsection (b) and

redesignated former subsection "bV" as subsection "c.".

'Public Law 109-58, (119 Stat. 785), August 8, 2005, section 630(2), redesignated former subsection "b."

as subsection "c.". . '"Public Law 102-486 (106 Stat 2945), added new section 134.

Volume 1, Page 1-82
42 USC 2161.

Policy.

42 USC 2162.

Classification and

declassification of

restricted data.

50 USC 403(d).

61 Stat. 498.

(B) subsequent retransfers of such material within EURATOM,

without regard to the extent of United States control over such

retransfers.'5

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 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

'"Public Law 103-160 (107 Stat 1959), Nov. 30, 1993, Div C., Title XXXII, section 3202(aX2), added.

Volume 1, Page 1-83
42 USC 2163.

Department of

Defense

participation.

42 USC 2164.

International

cooperation.

pursuant to an agreement for cooperation entered into in accordance with

subsection b. or d. of section 144.159

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.'60 and 145c. 1

6 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

(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

'I'Public Law 103-337 (108 Stat. 3092) (1994)

"6%Public Law 84-1006 (70 Stat. 1069) (1956), section 14, added the words: "or any other person

authorized access to Restricted Data by the Commission under subsection 145b".

"'Public Law 87-206 (75 Stat. 475) (1961), section 5, deleted the words "subsection 145b." and

substituted in lieu thereof the words, "subsections 145b. and 145c."

Volume 1, Page 1-84
with section 123, or is undertaken pursuant to an agreement existing on

the effective date of this Act.162'

Cooperation by b. The President may authorize the Department of Defense, with the

Defense assistance of the Commission, to cooperate with another nation or with a

Department. 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

weapcns;

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 123.1 . I

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-

(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

.6

2

Public Law 85-479 (72 Stat. 276) (1958), section 5 amended subsec. a. of section 144 by inserting the

word "civilian" before the words "reactor development" in clause (2) thereof.

r

3

Public Law 85-479 (72 Stat. 276) (1958), section 6, amended section 144 by substituting a new subsec.

b. Before amendment subsec. 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.

Volume 1, Page 1-85
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. (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."•

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 and security.

42 USC 2165.

Restrictions.

Investigations by

CSC.

'"Public Law 103-337 (108 Stat. 3091), October 5, 1994, added new subsection "d."

1

65

Public Law 103-337 (108 Stat. 3092) amended Public Law 85-479 (92 Stat. 276) (1958) by

redesignating subsection "d" to "e." (Note: see footnote 149 for explanation of new subsection "d."]

Volume 1, Page 1-86
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.

Investigations by .... Id. In the event an investigation made pursuant to subsections a. and b.

FBI. 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,"s any investigation required by subsections a.,

b., and c. of this section shall be made by the Federal Bureau of

Investigation.1. 7

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

"Public Law 108-136(117 Stat. 1749), Nov. 24, 2003, Div. C, title XXXI, section 3131,

'67

Public Law 106-65 (113 Stat. 934), Oct. 5, 1999, Div. C, title XXXI, Subtitle D, sec. 3144(a).

Volume 1, Page 1-87
(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.1 .. 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.!

1

6 1

Public Iaw 108-136 (117 Stat. 1749), Nov. 24,2003, Div. C, title XXXI, section 3131.

"

9Public Law 87-206 (75 Stat. 475) (1961), section 6, amended section 145 by redesignating subsection c.

as subsection d and subsection g. as subsection h. This amendment also added new subsections "c", "e", "T',

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 t he 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 interestý 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 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.

(continued...)

Volume 1, Page 1-88
Sec. 146. General Provisions.

42 USC 2166. 1 a. Sections 141 to 145, inclusive, shall not exclude the applicable

General Provisions. 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 Information.

42 USC 2167. a. In addition to any other authority or requirement regarding Regulations. proiection 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 - (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.

S. M9(...continued)

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.

Volume 1, Page 1-89
42 USC 2282.

42 USC 2273.

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 16lb. 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

rep o rt th at: .. . . I . '

(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:' 70 , : I

ý (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 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

'70NOTE:. As a result of Public Law 104-66 (109 Stat. 734), Dec. 21, 1995, section 3003, section 147e,

ceased to be effective on December 21, 1999.

Volume 1, Page 1-90
42 USC 2168.

i42 USC 2168.

Regulations.

42 USC 2162.

amount of information necessary to protect the health and safety of the

public or the common defense and security." 1

See. 148. Prohibition Against The Dissemination Of Certain

Unclassified Information. - a.17 (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,"') 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 utilizationof 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 atno 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

"'Public Law 96-295 (94 Stat. 788) (1980), section 207(aXI), added new section 147.

'72Pubfic Law 97-90 (95 Stat. 1163) (1981), section 210(aX)l), added new section 148.

'ePublic Law 97415 (96 Stat. 2067) (1983), section 17 inserted in section 148a.(1) after "Secretary" the

words "with respect to atomic energy defense programs."

Volume 1, Page 1-91
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. ...... .

Penalties. 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.

42 USC 2282. (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.

42 USC 2273. c. For the purposes of section .223 of this Act, any regulation

prescribed or order issued by the7Secretary under this section shall also be

deemed to be prescribed or issued under section 16lb. of this Act.

Judicial review. 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.

Quarterly report. 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." 4

'"Public Law 97-415 (96 Stat. 2067) (1983) section 17 added new subsec. "d" and "e" to section 148.

Volume 1, Page 1-92
Sec. 149. Fingerprinting For Criminal History Record Checks.

42 USC 2169 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-

(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

Notification. (IMI) 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.

Public Law 99-399 (100 Stat. 853) (1986) section 606, added section 149. Public Law 109-58 (119

Stat. 810), August 8,2005; section 652(1), rewrote subsection (a), which formerly read:

"(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 itilization 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."

Public Law 109-58 (119 Stat. 810). section 652(2)(A), August 8, 2005; subsection (C) in the introductory

paragraph, struck out "subject to public notice and comment, regulations-" and inserted "requirements-'".

Public Law 109-58 (119 Stat. 810),.section 652(2)(B), August 8, 2005; subsection (cX2XB) struck out

unescorted access tothe facility of a licensee or applicant" and inserted 'unescorted access to a utilization

facility, radioactive material, or other property described in subsection(aXl)(B) of this section".

Public Law 109-58 (119 Stat. 810), section 652(3), (4); August 8, 2005; subsection (d) was rudesignated as subsection (e), and a new subsection (d) was inserted, respectively.

Public Law 109-58 (119 stat. 810), section 652(3); August 8, 2005; Redesignated subsection (d) as

subsection (e).

Volume 1, Page 1-93
(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).

ý(4) Notwithstanding any other provision of law-

(A) the Attorney General may provide any result of an

identification or records check under paragraph (2) to the

Commission; and

(B) the Commission, in accordance with regulations prescribed

under this section, may provide the results to the individual or

entity required to conduct the fingerprinting under

paragraph (1)(A).

The Commission, by rule, may relieve persons from the

obligations imposed by this section, upon specified terms,

conditions, and periods, if the Commission finds that such action is

consistent with obligations to promote the common defense and

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

For purposes of administering this section, the Commission

shall prescribe requirements-

(1) to implement procedures for the taking of fingerprints;

(2) to establish the conditions for use of information

received from the Attorney General, in order-

(A) to limit the redissemination of such information;

(B) to ensure that such information is used solely for the

purpose of determining whether an individual shall be

permitted unescorted access to a utilization facility,

radioactive material, or other property described in

subsection (a)(1)(B) of this section or shall be permitted

access to safeguards information under section 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) of this section by

authorizing or requiring the use of any alternative biometric

method for identification that has been approved by-

(1) The Attorney General; and

(2) The Commission, by regulation.

(e)(1) The Commission may establish and collect fees to0

process fingerprints and criminal history records under this section.

(2) Notwithstanding section 3302(b) of title 31, and to the

extent approved in appropriation ActsVolume 1, Page 1-94
Health and

medical care.

Safety.

Regulations.

42 USC 2168.

(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 n "

(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.

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 section 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 I 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 section 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

t (B) the remaining portion of the amounts collected under this

subsection in such fiscal year may be transferred periodically to the

Volume 1, Page 1-95
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.'"'

Chapter 13.-PATENTS AND INVENTIONS

Sec. 151. Inventions Relating To Atomic Weapons, And Filing Of

Reports.

42 USC 2181. a."y-No patent shall hereafter be granted for any invention or discovery

Inventions relating which is useful solely in the utilization of special nuclear material or

to atomic weapons. 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

S!,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.

Inventions reports. 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 Officel" 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."79

176 Public Law 99-399 (100 Stat. 853) (1986). section 606 added section 149. ion (e).

'"Public Law 87-206 (75 Stat. 475) (1961), section 7, changed the title of this section. The title prior to

amendment was "Military Utilization."

'"As amended by Public Law 106--113 (113'Stat 1536), November 29, 1999, Division B,

section 1000(aX9).

'

7

9Public Law 87-206 (75 Stat. 475) (1961), section 8,' amended section 151 c. 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 dis~overy is useful in such production or utilization.

Volume 1, Page 1-96
"d. The Under Secretary of Commerce for Intellectual Property and

Director of the United States Patent and Trademark Officei" 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 Congress or in

such special circumstances as may be determined by the Commission.

Sec. 152. Inventions Made Or Conceived During Commission

Contracts.

42 USC 2182. Any invention or discovery, useful in the production or utilization of

Invention special nuclear material or atomic energy, made or conceived in the course

conceived during of or under any contract, subcontract, or-arrangement entered into with or

Commission for the benefit of the Commission, regardless of whether the contract,

contracts, subcontract, or arrangement involved the expenditure of funds by the

Commission, shall be vested in, and be the property of, the Commission,

except that the Commission may waive its claim to any such invention or

discovery under such circumstances as the Commission may deem

appropriate, consistent with the policy of this section. No patent for any

invention or discovery, useful in the production or utilization of special

nuclear material or atomic energy, shall be issued unless the applicant files

with the application, or within thirty days after request therefor by the

Under Secretary of Commerce for Intellectual Property and Director of the

United States Patent and Trademark Office (unless the Commission

advises the Under Secretary of Commerce for Intellectual Property and

Director of the United States Patent and Trademark Office that its rights

have been determined and that accordingly no statement is necessary) a

statement under oath setting forth the full facts surrounding the making or

conception of the invention or discovery described in the application and

whether the invention or discovery was made or conceived in the course of

or under any contract, subcontract, or arrangement entered into with or for

the benefit of the Commission, regardless of whether the contract,

subcontract, or arrangement involved the expenditure of funds by the

"'Commission. The Under Secretary of Commerce for Intellectual Property

and Director of the United States Patent and Trademark Office shall as - soon as the application is otherwise in condition for allowance"n 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 issuethe patents to the

"SAs amended by Public Law 106-113 (113 Stat 1536), November 29, 1999., Division B,

section 1000(aX9). - '$Public Law 87-206 (75 Stat. 475) (1961) section 9, added subsec. e. "

2Amended by Public Law 87-615 (76 Stat. 409) (1962), section 11. PNior to amendment word was "allowances."

Volume 1, Page 1-97
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

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.8

e3Public Law 87-206 (75 Stat. 475) (1961). section 10, amended section 152. Before amendment this

section read as follows:

See. 152. Inventions 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 forany 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.

(continued...)

Volume 1, Page 1-98
42 USC 2183.

Nonmilitary

utilization.

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

• m~~(...continued) ...

The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent

and Trademark Office may proceed with the application and issue the patent to the applicant (if the

invention or discovery is otherwise patentable) unless the Commission, within 90 days after receipt of

copies of the application and statement, directs the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office to issue the patent to the Commission (if

the invention or discovery is otherwise patentable) to be held by the Commission as the agent of and on behalf of the United States..

If the Commission files such a direction with the Under Secretary of Commerce for Intellectual

Property and Director of the United States Patent and Trademark Office, and if the applicant's statement

claims, and the applicant still believes, that the invention or discovery was not made or conceived in the course of, in connection with, or under the terms of any contract, subcontract,:arrangement, or other

relationship with the Commission entitling the Commission to take tide 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 whethpr 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 Public Law 97.164 and Public Law 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.

Volume 1, Page 1-99
(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 setforth the nature

and purpose of the use which the applicant intends to make of the

patent license, the steps taken by the applicant to obtain a patent

license from the owner of the patent, and a statement of the effects, as

estimated by the applicant, on the authorized activities which will

result from failure to obtain such patent license and which will result

from the granting of such patent license.

d. Whenever any person has made an application to the Commission

for a patent license pursuant to subsection 153c.-

1 (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- ... (I) 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

Volume 1, Page 1-100
42 USC 2184.

Injunctions.

42 USC 2185.

Prior art.

42 USC 2186.-

Commission patent

licenses.

42 USC 2187.

Compensation.

awards, and

royalties.,

62 Stat. 697.

Eligibility.:-

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.-

h. The provisions of this section shall apply to any patent the

application for which shall have been filed before September 1, 1979.tu

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 patent" 5 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-guch without regard to

the provisions of section 281,283, or 284 of-title 18 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

'"Public Law 86-50 (73 Stat. 81) (1959). section 114, amended subsec. 153h. by changing the date from

Sept. 1, 1959, to Sept. 1, 1964. Public Law 88-394 (78 Stat. 376) (1964), section 1, amended subsec. 153h. by

changing the date from Sept. 1, 1964, to Sept. 1, 1969. Public law 91-161 (83 Stat. 444) (1969), section 1,

amended subsec. 153h. by changing the date from Sept. 1, 1969, to Sept. 1, 1974. Public Law 93-377,

section 6 (88 Stat. 475) (1974), amended subsec. 153h. by changing the date from SepL 1, 1974 to Sept. 1,

1979.

'"Public Law 96-517 (94 Stat. 3027) (1980), section 7(a), amended section 156 by deleting the words

"held by the Commission or."

Volume 1, Page 1-101
Standards.

42 USC 2 188.

Monopolistic use

of patents.

• 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 may,

make application to the Commission for, and the Commission may

grant, an award. The Commission may also, after consultation with"

the General Advisory Committee, and with the approval of the

President, grant an award for any especially meritorious contribution to

the development, use, or control of atomic energy.

c. Standards.-

(1) In determining a reasonable royalty fee as provided for in

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.`s

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

156Public Law 93-276 (88 Stat. 115) (1974), section 201, amended this section by substituting the words

"after consultation with" for the words "upon the recommendation of."

'"Public Law 87-206 (75 Stat. 475) (1961), section 11, added subsection 4.

Volume 1, Page 1-102
42 USC 2189.

Federally financed

research.

42 USC 2190.

Saving clause.

reasonable royalty to the owner of the patent, the reasonable royalty shall

be determined in accordance with section 15 7 .n&

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 1 1(a)(1), 1 1(a)(2), or 11 (b) of the

Atomic Energy Act of 1946,"39 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 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.

42 USC 2201. In the performance of its functions the Commission is authorized toGeneral provisions, 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;'90,

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 affirnmations, 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

1

8 lhe second sentence of section 158 was amended by Public Law 87-206 (75 stat. 475) (1961),

section 12. Prior to amendment, it read: "Such licensee shall pay a reasonable royalty fee to be determined in

accordance with section 157, to the owner of the patent. •

'"See Atomic Energy Act of 1946, appendix 4, infra, section 11.

19OPublic Law 101-575 (104 Stat. 2835) (1990), Amended section 161b.

Volume 1, Page 1-103
27 Stat. 443. paid the same fees and mileage as are paid witnesses in the district courts

49 USC 46. of the United States;' 9' .

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'

civil-service laws and their compensation fixed in accordance with the r

5 USC 510I. Classification Act of 1949, as amended, except that, to the extent the

80 Stat. 443. 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

of 1949, as amended)1"e 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.!93 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 ofpersonnel 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)'s" 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

"'Public Law 91-452 (84 Stat. 922)'(1970) section 237, The Organized Crime Control Act of 1970,

deleted the following sentence form subsection 161c: • No person shall be excusedfrom 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.

"Public Law 87-793 (76 Stat. 832) (1962). section 1001(g), 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 Public Law 85-287 (71 Stat. 612) (1957), section 4.

'"Public Law 85-681 (72 Stat. 633) (1968), section - amended subsec. 161d. by inserting this sentence.

'"Public Law 85-162 (71 Stat. 403) (1957), section 201, 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.

Volime 1, Page 1-104
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;195

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,"9 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 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,"9

(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,"9"

'"Public Law 84-722 (70 Stat. 553) (1956), amended section 161e. by adding the proviso clause.

"MThe 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, infra.

•"Section 7 of Public Law 93-377 (88 Stat. 475) (1974), amended subsection 161 i. by adding the phrase beginning with the word "including" and ending with the word "security" the second time it appears thereafter.

nPublic Law 109-58 (119 Stat. 784), August 8, 2005, section 626; struck out "and (3)" and inserted "(3)"

and, before the semicolon at the end, inserted new "(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".

I

Volume 1, Page 1-105

(continued...)
40 USC 471.

40 USC 488 note.

63 Stat. 377.

42 USC 220 1 (K).

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 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;'"

• •~~19(...continuod) , . .

" 9Public Law 99-661 (100 Star. 4064) (1986), amended subsection 161k. Public Law 97-90 (95 Stat.

1163) (1981), section 211. amended section 161k. (42 U.S.C. 2201k.) by striking out the semicolon after'

"duties" and inserting in lieu thereof a period and the new language giving arrest authority for persons

authorized to carry firearms.

Volume 1, Page 1-106
m. " enter into agreements with persons licensed under section 103,

104,'53a.(4)- or 63a.(4)20' 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.' -delegate to the General Manager or other officers of the

Commission any of those functions assigned to it under this Act except

those specified in sections 51, 57b.,20 61,204 108, 123, 145b. (with respect

"ePublic Law 87-456 (76 Stat. 72) (1962), section 303(c), the Tariff Classification Act of 1962, repealed

section 161 I, effective on the 10 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 1611, read as follows:

I. 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.,

a2'Public Law 86-300 (73 Stat. 574) (1959). section 1, amended subsection "161m. to authorize agreements

with persons licensed under section -53a. (4) or 63a.(4) as well as under section 103 or 104.

"Public Law 85-507 (72 Stat. 327) (1958), section 21, repealed former subsection 16 In., and relettered

subsequent subsections accordingly.

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, That (I) 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. 3

Public Law 90-190 (81 Stat. 575) (1967), section 11, amended section 161n. by striking out "57a.(3)"

and inserting in lieu thereof "5Th." . .

2ePublic Law 91-560 (84 Stat. 1472) (1970), section 7, amended subsection 161n. by striking out at this

point the following: "102 (with respect to the finding of practical value)".

Volume 1, Page 1-107
Easements for

rights-of-way.

to ihe determination~of those persons to whom the Commission may reveal

Restricted Data in the national interest), 145f.,' 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."6

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 .

(3) Compressed air.

(4) Water.

(5) Sewage and garbage disposal.

(6) Natural, manufactured, or mixed gas.

(7) Ice.

oAmended by Public Law 87-615 (76 Stat. 409) (1962), section 12. Prior to amendment reference was to

145e... . • . - . I I

"Public Law 84-1006 (70 Stat 1069), section 4, added subsection q. (originally subsection r.).

Volume 1, Page 1-108
(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 communi• through which a utility or

service is furnished under this subsection.

Succession of s.;establish a plan for a succession of authority which will assure the

authority, 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 firther, 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;.

Processing t. enter into contracts for the processing, fabricating, separating, or

contracts. 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.;

Long term contract u. (1) enter into contracts for such periods of time as the Commission

authority. 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 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

2OPublic Law 85-162 (71 Stat. 403) (1957), section 204, added subsection 4. (originally subsection s.). Npublic Law 85-681 (72 Stat. 632) (1958), section 7, amended section 161 by adding new subsections t., u. and v. Public Law 87-206 (75 Stat. 475) (1961), section 13, changed the designation of subsections t., u.

and v. to subsections s., t. and u., respectively.

Volume 1, Page 1-109
from the date of execution of the contracts excluding periods of

renewal under option.

I - (B) In entering into such tontracts 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.'°

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;.210.21"

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."' 21

3214

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 ensureContract authority.

42 USC 223 .L

ePublic Law 86-300 (73 Stat. 574) (1959), section 1, amended subsection 161 m. to authorize agreements

with persons licensed under section 53a. (4) or 63a.(4) as well as under section103 or 104.

bhPubic Law 88489 (78 Stat. 602) (1964), section 16, added subsection v. 2

nPublic Law 102486 (106 Stat. 2944) Oct. 24, 1992, changed section v. 2 12

Public Law 92-314 (86 Stat. 222) (1972), section 301. added subsection w. 2 13

Public Law 102-486 (106 Stat. 2944) Oct. 24, 1992, amended section w. 214Public Law 109-58 (119 Stat. 783), section 623; August 8, 2005; rewrote subsection (w), which formerly

read: '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". I

Volume 1, Page 1-110
42 USC 24014. (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 1 le.(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 sectiqn 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 1 le.(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.2' 5

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

OIa. . 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 92 1(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 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 that42 USC 22

21 5

Public Law 95-604 (92 Stat. 3036) (1978). section 203, added a new subsection. 161(x).

Volume 1, Page 1-111
* (1) the authorization is necessary to thedischarge 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

0 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, ora 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. 2 16

See. 162. Contracts.

The President may, in advance, exempt any specific action of the

Commission in a particular matterfrom 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 18 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

42 USC 2202.

Contracts.

42 USC 2203.

62 Stat. 697.

Advisory

committees.

216 NPblic Law 109-58, (119 Stat. 811), August 8. 2005; Title VIsection 653,-added new section: 161A.

Volume 1, Page 1-112
31 USC 66:

42 USC 224

Electric util

contracts.

institution 32 7 in respect of any particular matter which directly involves

the Commission or in which the Commission is directly interested.21

Sec. 164. Electric Utility Contracts.

5. 1 The Commission is authorized in connection with the construction or

04. operations of the Oak Ridge, Paducah, and Portsmouth installations of the

lity 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 Joint Committee 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 Joint

Committee, 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. 5. : r a. In carrying out the purposes of this Act the Commission shall not

Lctices. 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.

)6. No moneys appropriated for the purposes of this Act shall be available

for payments under any contract with the Commission, negotiated without

it.. 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

42 USC 220

Contract prn

60 Stat. 755

42 USC 220

Comptroller

General audi

217

Public Law 86-300 (73 Stat. 574) (1959), section 2, amended section 163 by inserting after the words

"from receiving compensation" the words "from a source other than a nonprofit educational institution." 21

3Public Law 87-849 (76 Stat. 1119) (1962), section 2, 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 +"excepto the extent that they

affect officers or employees of the executive branch of the United States Government for] of any independent

agency of the United States, * * * as to whom they are no longer applicable."

Volume 1, Page 1-113
any of his duly authorized representatives shall, until the expiration of

three years after final payment, have access to and the right to examine

any directly pertinent books, documents, papers, and records of the

contractor or any of his subcontractors engaged in the performance of, and

involving transactions related to such contracts or subcontracts: Provided,

however, That no moneys so appropriated shall be available for payment

under such contract which includes any provision precluding an audit by,

the General Accounting Office of any transaction under such contract: And

provided further, That nothing in this section shall preclude the earlier

disposal of contractor and subcontractor records in accordance with

records disposal schedules agreed upon between the Commission and the

General Accounting Office.2 9

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

42 Usc 2207. 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.'a

Sec. 168. Payments In Lieu Of Taxes.

42 USC 2208. In order to render financial assistance to those States and localities in

Payments in Lieu which the activities of the Commission are carried on, and in which the

of taxes. 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 government by activities of

2

1

t9 ublic Law 85-681 (72 Stat. 632) (1958), section 8, amended section 166 by adding the second proviso

clause.

mPublic Law'87-206 (75 Stat. 474) (1961), section 14, amended section 167. Prior to amendment, this

section read as follows: r " r1

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.

Volume 1, Page 1-114
42 USC 2209.

No subsidy.

42 USC 2210.

Indemnification

agreement.

Waiver.

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 Liability.

a.21 REQUIREMENT OF FINANCIAL PROTECTION FOR

LICENSEES222

-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") m 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.'

2"Public Law 85-256 (72 Stat. 576) (1957), section 4, added section 170. 2 Public Law 100-408 (102 Stat. 1080), August 20, 1988; section 16(eX I), inserted immediately following

the subsection designation "(a)" in the original a subsection heading "Requirement of Financial Protection for

Licensees".

'Public Law 100-408 (102 Stat. 1079), August 20, 1988, section 16(aX2) substituted "in such amounts as the Nuclear Regulatory Commission (in this section referred to as the 'Commission') in the exercise" for "in

such amounts as the Commission in the exercise". - Public Law 94-197 (89 Stat. 1111 ) (1975). section 2, amended subsection 170a. 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.

Volume 1, Page 1-115
Liability insurance. b. AMOUNT AND TYPE OF FINANCIAL PROTECTION FOR

LICENSEES225

(1 )f26 The amount of primary financial protectiont m 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 forproducing substantial amounts of electricity and

having a rated capacity of 100,000 electrical kilowatts or more, the

amount of primary financial protection"s required shall be the

maximum amount available at reasonable cost and on reasonable terms

from private sources (excluding the amount of private liability

insurance available under the industry retrospective rating plan

required in this subsection). Such primary financial protection may

include private insurance, private contractual indemnities, self

insurance, other proof of financial responsibility, or a combination of

such measures and shall-be subject to such terms and conditions as the

Commission may, 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

22Public Law 100-408 (102 Stat. 1080), August 20, 1988, section 16(eX2), inserted immediately following

the subsection designation "(b)" in the original a subsection heading "Amount and Type of Financial Protection

for Licensees."

'Public Law 100-408 (102 Stat. 1066), August 20, 1988, section 2(CXI) inserted '(1)" preceding "The

amount" at the beginning of the first existing sentence, thereby redesignating the first six sentences of existing

subsection (b) as paragraph (i). 227

Public Law 100408 (102 Stat. 1066), August 20, 1988, section 2(a)(1), (2), (CX2), in the first sentence

of paragraph (1) redesignated existing clauses (1), (2), (3) as (A), (B) and (C), respectively, substituted

"primary financial protection" for "financial protection" in two places, and, at the end of the proviso, inserted

"(excluding the amount of private liability insurance available under the industry retrospective rating plan

required in this subsection)". 22

SPublic Law 100-408 (102 Stat. 1066), August 20, 1988, section 2(aX I), in the second sentence of

paragraph (1) substituted "primary financial protection" for '"mancial protection".

Volume 1, Page 1-116
such a plan shall not be more than $9 5 ,8 0 0 ,0 0 0 229 (subject to

adjustment for inflation under subsection L) but not more than

$15,000,000 in any 1 year (subject to adjustment for inflation under

subsection t.),' 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.(l)(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."3' (2)(A) The Commission may, on a case by case basis, assess annual

defermd premium amounts less than the standard annual deferred

premium amount assessed under paragraph (1)-

(i) for any facility, if more than one nuclear incident occurs

in any one calendar year; or

(ii) for any licensee licensed to operate more than one

facility, if the Commission determines that the financial impact

of assessing the standard annual deferred premium amount

under paragraph (1) would result in undue financial hardship to

such licensee or the ratepayers of such licensee.

(B) In the event that the Commission assesses a lesser annual

deferred premium amount under subparagraph (A), the

Commission shall require payment of the difference between the

standard annual deferred premium assessment under paragraph (1)

and any such lesser annual deferred premium assessment within a

reasonable period of time, with interest at a rate determined by the

Secretary of Treasury on the basis of the current average market

yield on outstanding marketable obligations of the United States of

comparable maturities during the month preceding the date that the

standard annual deferred premium assessment under paragraph (1)

would become due.3 2

(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

229Public Law 109-58 (119 Stat. 780). August 8, 2005, Title VL section 603(l), in the second proviso of

the third sentence, struck out "$63,000,000" and inserted "$95,800,000". ; .... .. 'Public Law 109-58 (119 Stat. 780), August 8, 2005, Title VI, section 603(1), in the second proviso of

the third sentence struck out '10,000,000 in any I year" and inserted "15,000,000 in any I year (subject to

adjustment for inflation under subsection (t) of this section)". I -23Public Law 100-408 (102 Stat. 1066), August 8, 1988, section 2(aXl), (3), (b), the third sentence of

paragraph (!) read: "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,". 232

Public Law 100-408 (102 Stat. 1066). August 8, 1988, section 2(C)(3) struck out the fifth and sixth

sentences of existing paragraph (I) which had authorized the Commissioner to establish a minimum amount

which the aggregate deferred premiums charged for each facility within one calendar year ciuld 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.

Volume 1, Page 1-117
premiums in the event it appears that the amount of such premiums

will not be available'on a timely basis through the resources of private

industry and insurance. Any agreement by the Commission with a

licensee or indemnitor to guarantee the payment of deferred premiums

may contain such terms as the Commission deems appropriate to carry

out the purposes of this section and to assure reimbursement to the

Commission for its payments made due to the failure of such licensee

or indemnitor to meet any of its obligations arising under or in

connection with financial protection required under this subsection

including without limitation terms creating liens upon the licensed

facility and the revenues derived therefrom or any other property or

revenues of such licensee to secure such reimbursement and consent to

the automatic revocation of any license. 2

3

Claims. (4)(A) In the event that the funds available to pay valid claims in

any year are insufficient as a result of the limitation on the amount of

deferred premiums that may be required of a licensee in any year under

paragraph (1) or (2), or the Commission is required to make

reinsurance or guaranteed payments under paragraph (3), the

Commission shall, in order to advance the necessary funds-

* (i) request the Congress to appropriate sufficient funds to

satisfy such payments; or

(ii) to the extent approved in appropriation Acts, issue to the

Secretary of the Treasury obligations in such forms and

denominations, bearing such maturities, and subject to such

terms and conditions as may be agreed to by the Commission

and the Secretary of the Treasury.

(B) Except for funds appropriated for purposes of making

reinsurance or guaranteed payments under paragraph (3), any funds

appropriated under subparagraph (A)(i) shall be repaid to the

general fund of the United States Treasury from amounts made

available by standard deferred premium assessments, with interest

at a rate determined by the Secretary of 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 3

'Public Law 94-197 (89 Stat.I 1111) (1975), section 3, amended subsection 17Ob. 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.

Volume 1, Page 1-118
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

Securities. 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.23

(5)(A) For purposes of this section only, the Commission shall

consider a combination of facilities described in subparagraph (B) to

be a single facility having a rated capacity of 100.,000 electrical

kilowatts or more.

i (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.' 5

€. INDEMNIFICATION OF NUCLEAR REGULATORY

COMMISSION LICENSEES-The Commission shall, with respect to

licenses issued between August 30, 1954, and December 31, 2025,16 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 ihe amouht 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, 2025,237 the

23Public Law 100408 (102 Stat. 1067). August 8, 1988, section 2(d)(2), added paragraph (4).

"'Public Law 109-58 (119 Stat. 781), August 8,2005; Title VI, section 608 added paragraph (5).

2-6Public Law 108-7 (117Stat. 551), February 20,2003, Div. 0, section 101: struck out "August 1,2002"

each place it appeared in this section. Public Law 109-58 (119 Stat. 779), August 8, 2005, Title V1,

section 602(a) struck out "licenses" and inserted "licensces:" in the subsection heading and following

"August 30, 1954, and", struck out "December 31, 2003" and inserted "December 31, 2025".

'Public Law 109-58 (119 Stat. 779), August 8, 2005, Title VI, section 602(b) struck out "December 3 1,

2003" and inserted "December 31, 2025".

Volume 1, Page 1-119
requirements of this subsection shall apply to any license issued for such

facility subsequent to December 31, 2025. . d.(l)(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, 2025,2 -

24' 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.'

Effective date. (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

g 2SPublic Law 91-197 (89 Stat. 1111) (1975), sections 5(a) and (b) amended subsection 170c. by adding

the phrase "of less than $560,000,000"; by substituting the word "excluding" for the words "including the

reasonable"; and by substituting the date "August 1, 1987" for the date "August 1, 1977" wherever it appeared.

Public Law 89-210 (79 Stat 855) (1965), section I 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.

Public Law 88-394 (78 Stat. 376) (1964), section 2 had previously amended subsection 170c. By adding

the last sentence. .

2 .Public Law 109-58 (119 Stat. 779), August 8, 2005; Title VI, section 602(b) struck out "December 31,

'2003" and substituted "December 31, 2025".

2WPublic Law 108-375 (118 Stat. 2171), Oct. 28, 2004, Div. C, title XXXI, section 3141. 2

"Public Law 109-58,"(119 Stat. 779), August 8,2005, Title VI, section 602(b) struck out "December 31, 2006" and inserted "December 31,2025". . 2

ýPublic Law 100-408 (102 Stat. 1066) amended subsection 170d.

Public Law 94-197 (89 Stat 1111) (1975), section 5(a) and (b), amended subsection 170d. by substituting the

date "August 1, 1987" for the date "August 1, 1977", and by substituting the word "excluding" for the words

"including the reasonable."

Public Law 89-210 (79 Stat 855) (1965), section 2 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 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. " Public Law 87-615 (76 Stat. 409) (1962), section 6 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 shal not exceed $100 million.

Volume 1, Page 1-120
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.

(B)(i)(Il) 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).

(B)(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.

Claims. (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

S - 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. 2 3

(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 underthis subsection.M

7

43

Public Law 109-58 (119 Stat. 780). August 8. 2005, Title VI, section 604(a)rewrote paragraph (2),

which formerly read: "In agreements of indemnification entered into under paragraph (1). the Secretary may

require the contractor to provide and maintain financial protection of such a type and in such amounts as the

Secretary shall determine to be appropriate to cover public liability arising out of or in connection with the

contractual activity, and shall indemnify the persons indemnified against such claims above the amount of the

financial protection required, to the full extent of the aggregate public liability of tie persons indemnified for

each nuclear incident, including such legal costs of the contractor as are approved.by the Secretary".

ýPublic Law 109-58 (119 Stat. 780), August 8, 2005, Title VI, section 604(b), rewrote paragraph (3),

which formerly read:

(3XA) 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.

(continued...)

Volume 1, Page 1-121
(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).20

(5) In the case of nuclear incidents occurring outside the United

States, the amount of the indemnity provided bythe Commission under

this subsection shall not exceed $500,000,000.1

(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.'

(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."

e. Limitation On Aggregate Public Liability.-(1)290 The aggregate public liability for a single nuclear incident of persons indemnified,

including such legal costs as are authorized to be paid under

subsection o.(1)(D), 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.(l)(E));

1(...continued)

(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.

'Public Law 100-408 (102 Stat. 1068), August 8, 1988, section 4(a) added paragraphs (3) and (4).

'Public Law-408 (102 Stat. 1068), August 8, 1988; section 4(a) designated the second proviso of the

existing second sentence of subsection (D) as paragraph (5) and, in paragraph (5) as so designated, substituted

"indemnity provided by the Secretary under this subsection" for "indemnity provided by the Commission".

Public Law 109-58 (119 Stat. 781), August 8, 2005; Title VI section 605(a) struck out $100,000,000 and

inserted $500,000,000 following "shall not exceed'.

26Public Law 100-408 (102 Stat. 1068), August 8, 1988, section 4(a) designated the existing third

sentence of subsection (d) as paragraph (6) and, in paragraph (6) as so designated, substituted "by the

Secretary" for "by the Commission".

"Public Law 100-408 (102 Stat. 1068), August 8, 1988, section 4(a) designated the existing fourth

sentence of subsection (D) as paragraph (7) and, in paragraph (7) as so designated, substituted "executed under

parag.raph (IXA)" for rexecuted" and "indemnified under this subsection" for "indemnified under this section".

"public Law 100408 (102 Stat. 1066), August 8, 1988, section 2(CX3), 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.

Volume 1, Page 1-122
Contracts. (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.25 , 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.

Claims. (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.25

(3) No provision of paragraph (1) may be construed to preclude the

Congress from enacting a revenue measure, applicable to licensees of

the Commission required to maintain financial protection pursuant to

subsection b., to fund any action undertaken pursuant to

paragraph (2).252

Contracts. (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 $500,000,000 , together with the amount of financial protection required of the

contractor.

f. Collection of Fees by Nuclear Regulatory Commission5 d-Th 4

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:

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

2-OPublic Law 109-58 (119 Stat. 780), August 8, 2005, Title VL section 604(C) struck out "the maximum

amount of financial protection required under subsection (b) of this section or" following "indemnification"

under subsection (d) of this section, and substituted "paragraph (2) of subsection (d) of this section;" for

"paragraph (3) of subsection (d) of this section, whichever amount is more;".

Public Law 100-408 (102 Stat. 1070), August 8, 1988; section 6 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 (I). 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".

"2Public Law 100-408 (102 Stat. 1070), August 8, 1988; section 6 added paragraph (3). 2

" 3Public Law 109-58 (119 Stat. 781), August 8, 2005, Title VI, section 605(b) struck out "100,000,000"

and inserted "$500,000,000" following "shall not exceed'.

2•'Public Law 100408 (102 Stat. 1080), August 8. 1988, section 16(e)(4) inserted subsection heading

"Collection of Fees by Nuclear Regulatory Commission".

Volume 1, Page 1-123
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.

Private insurance g. Use of Services of Private Insurers2m-In administering the

organizations, provisions of this section, the Commission or the Secretary, as

Use of services, 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

42 USC 252(c) for such services. Any contract made under the provisions of this

(See 41 USc 260 subsection may be made without regard to the provisions of section 3709

(b)).,_ of the Revised Statutes (41 USC 5), as amended, upon a showing by the

Commission or the Secretary, as appropriate, that advertising is not

reasonable practicable and advance payments may be made.

Terms of h. Conditions of Agreements of Indemnification2 7

-The agreement of

settlement." 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.5 8

i. Compensation Plans.'-(1) After any nuclear incident involving

damages that are likely to exceed the applicable amount of aggregate

public liability under subparagraph (A), (B), or (C) of subsection e. (1),

the Secretary or the Commission, as appropriate, shall-

(A) make a survey of thecauses and extent of damage; and

2"Public Law 100-408 (102 Stat. 1066) (1988), amended subsection 170f. by adding, "or the Secretary, as

appropriate.".

Public Law 94-197 (89 Stat. 1111) (1975), section 7, amended subsection 170f. by adding the proviso to the

second sentence. z'. .t.ý- 1 ;r - 2- Pablic Law 100-408 (102 Stat. 1081), August 8, 1988; section 16(eXS) inserted subsection heading

"Use of Services of Private insurers".

T

7Public Law 100-408 (102 Stat. 1081), August 8, 1988;,section 16(eX6) inserted subsection heading

"Conditions of Agreements of Indemnification".

'Public law 10D408 (102 Stat. 1066), August 8, 1988), section 2(C)(3) struck out the fifth and sixth

sentences of existing paragraph (I) 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.

VPublic Law 100-408 (102 stat..1071), August 8, 1988, section 7(a).inserted subsection heading

"Compensation Plans".

Volume 1, Page 1-124
Reports, Defense (B) expeditiously submit a report setting forth the results of

and national such survey to the Congress, to the Representatives of the affected

security, 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.

President of U.S. '(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);

Claims. (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); Claims. (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 enactedVolume 1, Page 1-125
* (i) as an exercise of the rulemaking power of the Senate and

as such it is deemed a part of the rules of the Senate, but

applicable only with respect to the procedure to be followed in

the Senate in the case of resolutions described by subparagraph

(B) and it supersedes other rules only to the extent that it is

inconsistent therewith; and

(ii) with full recognition of the constitutional right of the,.

'.Senate to change the rules at any time, in the same manner and

to the same extent as in the case of any other rule of the Senate.

(B) For purposes of this paragraph, the term "resolution" means

only a joint resolution of the Congress the matter after the resolving

clause of which is as follows: That the - approves the

compensation plan numbered submitted to the Congress on . , 19_, the first blank space therein being filled with the

name of the resolving House and the other blank spaces being

appropriately filled; but does not include a resolution which

specifies more than one compensation plan.

(C) A resolution once introduced with respect to a

compensation plan shall immediately be referred to a committee

(and all resolutions with respect to the same compensation plan

shall be referred to the same committee) by the President of the

Senate.

,(D)(i) If the committee of the Senate to which a resolution with

respect to a compensation plan has been referred has not reported it

at the end of twenty calendar days after its referral, it shall be in

order to move either to discharge the committee from further

consideration of such resolution or to discharge the committee

from further consideration with respect to such compensation plan

which has been referred to the committee.

(ii) A motion to discharge may be made only by an , individual favoring the resolution, shall be highly privileged

(except that it may not be made after the committee has

, reported a resolution with respect to the same compensation

plan), and debate thereon shall be limited to not more than one

hour, to be divided equally between those favoring and those

opposing the resolution.,An amendment to the motion shall not

be in order, and it shall not be in order to move to reconsider

the vote by which the motion was agreed to or disagreed to.

(iii) If the motion to discharge is agreed to or disagreed to

the motion may not be renewed, nor may another motion to

discharge the committee be made with respect to any other

resolution with respect to the same compensation plan.

(E)(i) When the committee has reported, or has been discharged

from further consideration of, a resolution, it shall be at any time

thereafter in order (even though a previous motion to the same

effect has been disagreed to) to move to proceed to the

consideration of the resolution. The motion shall be highly

privileged and shall not be debatable. An amendment to the motion

shall not be in order, and it shall not be in order to move to

reconsider the vote by which the motion was agreed to or disagreed

to. I

Volume 1, Page 1-126
31 USC 665.

Contracts in

advance of

appropriations.

Educational

activities.

I (ii) Debate on the resolution referred to in clause (i) of this

subparagraph shall be limited to not more than ten hours, which

shall be divided equally between those favoring and those

opposing such resolution. A motion further to limit debate shall

not be debatable. An amendment to, or motion to recommit, the

resolution shall not be in order, and it shall not be in order to

move to reconsider the vote by which such resolution was

agreed to or disagreed to.

(F)(i) Motions to postpone, made with respect to the discharge from committee, or the consideration of a resolution or motions to

proceed to the consideration of other business, shall be decided

without debate.

(ii) Appeals from the decision of the Chair relating to the

application of the rules of the Senate to the procedures relating

to a resolution shall be decided without debate.2

60

j. Contracts in Advance of Appropriation 26-ln 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. 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, 2025262, for which the Commission

grants such exemption:

(1)-the Commission shall agree to indemnify and hold harmless the

licensee and other persons indemnified, as their interests may appear, from public liability in excess of $250,000 arising from nuclear

incidents. The aggregate indemnity for all persons indemnified in

connection with each nuclear incident shall not exceed $500,000,000,

including such legal costs of the licensee as are approved by the

Commission;2' (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 ofand 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. i

Any licensee may waive an exemption to which it is entitled under this

subsection. With respect to any production or utilization facility for which

2%Public Law 100-408 (102 Stat. 1066), August 8, 1988, section 2(C)(4), added paragraph (2).

261Public Law 100-408 (102 Stat. 1081) August 8, 1988, section 16(e)(7) inserted subsection heading

"Contracts in Advance of Appropriations". 2

6

2 Public Law 109-58 (119 Stat 779), August 8,2005, Title VI, section 602(C), following "August 30,

1954, and" struck out "August 1, 2002" and inserted "December 31, 2025".

•'See Public Law 100-408 (102 Stat. 1074), August 20, 1988, section 8(aX2).

Volume 1, Page 1-127
a construction permit is issued between August 30, 1954, and

December 31, 20252", the requirements of this subsection shall apply

'to any license issued for such facility subsequent to December 3 1, 2025. .-266, , ..

1. 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 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.

Reports. (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.(l), 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

2Piublic Law 109-58 (119 Stat 779), August 8, 2005, Title VI, section 602(C), following "August 30,

1954. and" struck out "August 1, 2002" and inserted "December 31, 2025". . 26 Pubfic Law 85-744 (2 Stat. 837) (1958), amended section 170 by adding new subsection k.

Public Law 88&394 (78 Stat. 376) (1964), section 3, amended subsection 170k., by adding the last

sentence.

Public Law 89-210 (79 Stat. 855) (1965), section 4, amended subsection 170k. By amending the date

"August 1. 1967" whereverit appeared to "August 1, 1977".

Public Law 94-197 (89 Stat. 111I) (1975), section 10 amended subsection 170k. By substituting the date

"August 1, 1987" for the date "August 1, 1977" wberever it appeared and by substituting the word "excluding"

for the words "including the reasonable". • -. 'Public Law 109-58 (119 Stat 779), August 8, 2005, Title VI, section 602(C), following "August 30,

1954, and" struck out "August 1, 2002" and inserted "December 31, 2025".

Volume 1, Page 1-128
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 Director of the Federal Emergency Management

Agency shall, to the extent permitted by law and subject to the

availability of funds, provide the study commission with such

facilities, support, funds and services, including staff, as may be

necessary for the effective performance of the functions of the

study commission.

(D) The study commission may request any Executive agency

to furnish such information, advice, or assistance as it determines

to be necessary to carry out its functions. Each such agency is

directed, to the extent permitted by law, to furnish such

information, advice or assistance upon request by the chairperson

of the study commission.

(E) Each member of the study commission may receive

compensation at the maximum rate prescribed by the Federal

Advisory Committee Act (5 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..

Reports. (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.

Volume 1, Page 1-129
Termination date.

Emergency -

assistance

payments.

Waiver of defense

(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.'67

m. Coordinated Procedures for Prompt Settlement of Claims and

Emergency Assistance2 s-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 indermnitors 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.20

•s. n. Waiver of Defenses and Judicial ProceduresM0 - (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

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., I (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

"

7

Public Law 100-408 (102 Stat. 1068), August 8, 1988, section 4(a) inserted immediately following the

subsection designation "(d)" in the original a subsection heading "Indemnification of contractors by

Department of Defense." 2

"Public Law 100-408 (102 Stat. 1081), August 8, 1988, section 16(e)(9) inserted subsection heading

"Coordinated Procedures for Prompt Settlement of Claims and Emergency Assistance".

2Public Law 100-408 (102 Stat. 1068), August 8, 1988, section 4(a) added paragraphs (3) and (4).

OPublic Law 100-408 (102 Stat. 1081), August 8, 1988, section 16(e)(10) inserted subsection heading

"Waiver of Defenses and Judicial Procedures".

Volume 1, Page 1-130
42 USC 2210.

76 Stat. 410.

Courts, U.S.

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. 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

Volume 1, Page 1-131
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;

.o(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. 7

" Allocation of o. Plan For Distribution Of Funds.-(1) Whenever the United States

funds. district court in the district where a nuclear incident occurs, or the United

States District Court for the District of Columbia in case of a nuclear

incident occurring outside the United States, determines upon the petition

of any indemnitor or other interested person that public liability from a

single nuclear incident may exceed the limit of liability under the

applicable limit of liability under subparagraph (A), (B), or (C) of

subsection e.(1):

42 USCr2210. (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

centumn 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

rprejudice the subsequent adoption and implementation by the court of

a plan of distribution pursuant to subparagraph (C); and

(C) The Commission or the Secretary, as appropriate, shall, and

any other indemnitor or other interested person may, submit to such

27'Public law 100-408 (102 Stat. 1068), August 8, 1988, section 4(a) designated the second proviso of the

existing second sentence of subsec. (D) as paragraph (5) and, in paragraph (5) as so designated, substituted

"indemnity provided by the Secretary under this subsection" for "indemnity provided by the Commission".

Volume 1, Page 1-132
district court a plan for the disposition of pending claims and for the

distribution of remaining funds available. Such a plan shall include an

allocation of appropriate amounts for personal injury claims, property

damage claims, and possible latent injury claims which may not be

discovered until a later time and shall include establishment of

priorities between claimants and classes of claims, as necessary to

insure the most equitable allocation of available funds. Such court

shall have all power necessary to approve, disapprove, or modify plans

proposed, or to adopt another plan; and to determine the proportionate

share of funds available for each claimant. The Commission or the

Secretary, as appropriate, any other indemnitor, and any person

indemnified shall be entitled to such orders as may be appropriate to

implement and enforce the provisions of this section, including orders

limiting the liability of the persons indemnified, orders approving or

modifying the plan, orders staying the payment of claims and the

execution of court judgments, orders apportioning the payments to be

made to claimants, and orders permitting partial payments to be made

before final determination of the total claims. The orders of such court

shall be effective throughout the United States.

(D) A court may authorize payment of only such legal costs as are

permitted under paragraph (2) from the amount of financial protection

required by subsection b.

(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.(I) shall, in addition to such deferred premium, be

charged such an amount as is necessary to pay a pro rata share of such

claims and costs, but in no case more than 5 percent of the maximum

amount of such standard deferred premium described in such

-subsection.5

(2) A court may authorize the payment of legal costs under paragraph (1)(D) only if the person requesting such payment hasS" .(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;

(H) 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.27

2nPublic Law 100-408 (102 Stat. 1066) (1988), added 170 subsection o.l.D and E and subsection o.2.

Public Law 89-645 (80 Stat. 891) (1966), section 3, amended section 170 by adding new subsection o.

Public Law 94-197 (89 Stat. 111) (1975), section 13, amended subsection 170o. By adding new

subparagraph (4) and by adding the following language to the second sentence of subparagraph (3):

"and shall include establishment of priorities between claimants and classes of claims, as necessary to

insure the most equitable allocation of available funds.".

Volume 1, Page 1-133
p. Reports To Congress.-The Commission and the Secretary shall

submit to the Congress by December 31, 202•", detailed reports

concerning the need for continuation or modification of the provisions of

this section, taking into account the condition of the nuclear industry,

availability of private, insurance, and the state of knowledge concerning

nuclear safety at that time, among other relevant factors, and shall include

recommendations as to the repeal or modification of any of the provisions

of this section.'

q. Limitation On Awarding Of Precautionary Evacuation Costs.-No

court may award costs of a precautionary evacuation unless such costs

constitute a public liability.

r. Limitation 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 annual2

' standard deferred premium under

subsection b.(1) not less than once during each 5-year period following

August 20, 2003r' in accordance with the aggregate percentage change in

* • the Consumer Price Index since-

(A) August 20, 2 0 0 3 ,' 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.

2

"Public Law 109-58 (119 Stat. 781), August 8, 2005, Title VL section 606, struck out "August 1, 1998"

and inserted "December 31. 2021" following "to the Congress by". M Public Law 100-408 (102 Stat. 1068). August 8, 1988, section 4(a) designated the existing fourth

sentence of subsec. (D) as paragraph (7) and, in paragraph (7) as so designated, substituted "executed under

paragraph (IXA)" for "executed" and "indemnified under this subsection" for "indemnified under this section".

'Public Law 109-58 (119 Stat. 780), August 8, 2005; Title VI, section 603(2XA), (B), in the matter

preceding subparagraph (A) inserted "total and annual" after "amount of the maximum" and substituted .August 20, 2003" for "August 20, 1988", respectively. CI6

Public Law 108-375 (118 Stat. 2171), Div. C, Title XXXI, section 3141; subsection (DXIXA), in

subparagraph (A) substituted "until December 31, 2006" for until "December 31, 2004". 1 - `Public Law 109-58 (119 Stat. 780), August 8,2005, Title VI, section 603(2XC), struck out "August 20,

1988" and inserted "August 20, 2003".

Volume 1, Page 1-134
.(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.27 s

Sec. 170A. Conflicts Of Interest Relating To Contracts And Other

Arrangements.

42 USC 2210a . a. The Commission shall, by rule, require any person proposing to

Conflict of interest, 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. EVALUATION2

"

9

- (1) IN GENERAL2se-Except as provided in paragraph (2)28', 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

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.

'ePublic Law 109-58 (119 Stat. 781), August 8, 2005, Title VI, section 607, redesignated former

paraEaph (2) as (3) and inserted a new paragraph (2). , "Public Law 109-58 (119 Stai, 794), August 8, 2005, Title Vl section 639(2), struck out the

editorially-supplied heading and inserted "(b) Evaluation".*

2"Public Law 109-58 (119 Stat. 794), August 8, 2005, Title VI, section 639(2), added paragraph (1) by inserting "(I) In general" following the subsection (b) heading, and redesignated former paragraph (1) as subparagraph (A). 2

"IPubic Law 109-58 (119 Stat. 794), August 8, 2005, Title VI, section 639(2), struck out "the

Commission" and inserted "except as provided in paragraph (2), the Nuclear Regulatory Commission".

Volume 1, Page 1-135
Publication.

42 USC 2210b.

42 USC'2231.

Report to Congress

and President.

Regulations.

Proprietary

information,'

disclosure.

Criteria.

(2)282 NUCLEAR REGULATORY COMMISSION.-

Notwithstand-ing any conflict of interest, the Nuclear Regulatory

Commission may enter into a contract, agreement, or arrangement with

the Department of Energy orthe 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.23

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 suchdate.2"

Sec. 170B. Uranium Supply. • 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 deens 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

37% percent of actual or projected domestic uranium requirements for

any two-consecutive-year period being supplied by source material or

special nuclear material from foreign sources;

(2) projections of uranium requirements and inventories of

domestic utilities for a 10 year period;

(3) present and probable future use of the domestic market by

foreign imports;

(4) whether domestic economic reserves can supply all future needs

for a future 10 year period;

(5) present and projected domestic uranium exploration

expenditures and plans;

(6) present and projected employment and capital investment in

'the uranium industry;

(7) the level of domestic uranium production capacity sufficient to

meet projected domestic nuclear power needs for a 10 year period; and

mPublic Law 109-58 (119 Slat. 794), August 8, 2005; Title VI, section 639(3), added paragraph (2).

a 3Public Law 108-58 (119 Stat. 794), August 8, 2005, Title VI, section 639(1), redesignated former

paragraphs (I) and (2) as subparagraphs (A) and (B), respectively.

'Public Law 95-601 (92 Stat. 2950) (1978), section 8(a) added to a new section 170A.

Volume 1, Page 1-136
Imported

impact oi

industry

national

* (8) a projection of domestic uranium production and uranium price

levels which will be in effect under various assumptions with respect to

imports. -

material, d. .The Secretary or Energy, at any time, may determine on the basis of

n domestic: the monitoring and annual reports required under this section that source

and material or special nuclear material from foreign sources is being imported

security. 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 InternationalTrade 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.

ions. (2) The Secretary of Commerce shall, in the conduct of any

investigation requested by the Secretary of Energy pursuant to this

J '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 .-i 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.'

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

Federal Retirees.

210c. 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.

Investigat

42 USC 2

2Public Law 97-415, section 23(bXl ), amended chapter 14 to include a new section 170B.

Volume 1, Page 1-137
42 USC 2:

Deadline.

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.2

M- ,

Sec. 170D Security Evaluations. " 210d. 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. 297

Sec. 170E. Design Basis Threat Rulemaking.

210e. 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-=

42 USC 22

Deadlines.

'Public Law 109-58 (119 Stat. 783), August 8, 2005, section 624(a), added new section 170C. '

2 7

Public Law 109-58 (119 Stat. 799), August 8, 2005, section 651(a)(1), added new section 170D.

Volume 1, Page 1-138
Deadline.

Deadline.

(i) 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 modem weaponry;

(8) the potential for attacks by persons with a sophisticated

knowledge of facility operations;

(9) the potential for fires, especially fires of long duration;

(10) the potential for attacks on spent fuel shipments by multiple

coordinated teams of a large number of individuals;

(11) the adequacy of planning to protect the public health and

safety at and around nuclear facilities, as appropriate, in the event of a

terrorist attack against a nuclear facility; and

(12) the potential for theft and diversion of nuclear materials from

such facilities.

(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

Volume 1, Page 1-139
emergency siren warning system, if the alternating current supply within

the 10-mile emergency planning zone of the power plant is lost.2 8

Sec. 170F. Recruitment Tools.

42 USC 22i Of ' a. The Commission may purchase promotional items of nominal value

for use in the recruitment of individuals for employment.2 8 9

See." 170G. Expenses Authorized to be Paid by The Commission.

42 USC 22 tOg 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 Protection.

42 USC 22 1Oh. 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 I Source or a Category 2 Source, as defined

in the7Code 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.

Deadline. b.COMMISSION APPROVAL.-Not later than 180 days after the

Regulations. -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'i I

secure manner; and

epublic Law 109-58 (119 Stat. 799), August 8, 2005, section 651(a)(1), added new section 170E.

2

"Public Law 109-58 (119 Stat. 801), August 8, 2005, section 651(cX2), added new section 170F. 2

rPublic Law 109-58 (119 Stat. 801), August 8, 2005, section 651(c)(3), added new section 170G.

Volume 1, Page 1-140
Deadline.

Notification.

Deadline.

Regulations.

Deadline.

Contracts.

(C) before the date on which the radiation source is shipped-

(i) a notification has been provided to the recipient country;

and

(ii) a notification has been received from the recipient

country;

as the Commission determines to be appropriate;

(2) importing a radiation source, unless the Commission has

determined, with respect to the importation, that-

(A) the proposed recipient is' authorized by law to receive the

radiation source; and

(B) the shipment will be made in accordance with any

applicable Federal or State law or regulation; and

(3) selling or otherwise transferring ownership of a radiation

source, unless the Commission-

(A) has determined that the licensee has verified that the

proposed recipient is authorized under law to receive the radiation

source; and

(B) has required that the transfer shall be made in accordance

with any applicable Federal or State law or regulation.

c. TRACKING SYSTEM.-

(1)(A) Not later than 1 year after 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 thatVolume 1, Page 1-141
Deadline.,

Establishment.

Deadlines.

Reports.

(A) uses a radiation source that could be replaced with an

economically and technically equivalent (or improved) process that

does not require the use of a radiation source; or

(B) may be used with a radiation source that would pose a

lower risk to public health and safety in the event of an accident or

attack involving the radiation source.

(3) Not later than 2 years after 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).

i (B) The membership of the task force shall consist of the

following:

(i) The Secretary of Homeland Security (or a designee).

(ii) The Secretary of Defense (or a designee).

(iii) The Secretary of Energy (or a designee).

, (iv) The Secretary of Transportation (or a designee).

(v) The Attorney General (or a designee).

(vi) The Secretary of State (or a designee).

(vii) The Director of National Intelligence (or a designee).

(viii) The Director of the Central Intelligence Agency (or a

designee).

(ix) The Director of the Federal Emergency Management Agency

(or a designee).

(x) The Director of the Federal Bureau of Investigation (or a

designee).

(xi) The Administrator of the Environmental Protection Agency (or

a designee).

(3)(A) The task force, in consultation with Federal, State, and local

agencies, the Conference of Radiation Control Program Directors, and the

Organization of Agreement States, and after public notice and an

opportunity for comment, shall evaluate, and provide recommendations

relating to, the security of radiation sources in the United States from

potential terrorist threats, including acts of sabotage, theft, or use of a

radiation source in a radiological dispersal device.

(B) Not later than I 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-

(1) radiation source radioactivity levels;

(II) radioactive half-life of a radiation source;

(Ill) dispersability;

(IV) chemical and material form;

Volume 1, Page 1-142
Mý

(V) for radioactive materials with a medical use, the availability of the sources to physicians and patients for medical treatment; and (VI) any other factor that the Chairperson of the Commission determines to be appropriate; - (ii) the establishment of, or modifications to, a national system for

recovery of lost or stolen radiation sources; - , (iii) the storage of radiation sources that are not used in a safe and

secure manner as of the date on which the report is submitted; (iv) modifications to the national tracking system for radiation

sources;

(v) the establishment of, or modifications to, a national system (including user fees and other methods) to provide for the proper disposal of radiation sources secured under this Act; (vi) modifications to export controls on radiation sources to ensure that foreign recipients of radiation sources are able and willing to adequately ý 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.

Volume 1, Page 1-143
Deadline.,

42 USC 2210i.

Procedures.

Deadline.

42 USC 2210i

note.

42 USC 2210i

note.

42 Usc 2210i

note.

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

(2) ensure that States that have entered into agreements with the

Commission under section 274b. take similar action in a timely

manner.29t

See. 1701. Secure Transfer of Nuclear Materials.

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))).

(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 170D62" 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.2

' 3

2'Public Law 109-58 (119 Stat. 802). August 8, 2005, section 65 1(dX1), added new section 170H.

2t Public Law 109-58 (119 Stat. 814). August 8,2005, section 656(b) refers to section 170D of the Atomic

Energy Act; incorrect citation. Should refer to 170L

'Public Law 109-58 (119 Stat. 813), August 8, 2005, section 656(a), added new section 1701.

Volume 1, Page 1-144
42 USC 2221.

Just compensation.

40 USC 257.,

40 USC 258a-e.

42 USC 2222.

Condemnation of

real property.

42 USC 2223.

Patent application

disclosures.

40 USC 255.

42 USC 2224.

Attorney General

approval of title.

Chapter 15-COMPENSATION FOR PRIVATE PROPERTY

ACQUIRED

Sec. 171. Just Compensation.

The United States shall make just compensation for any pro perty or

interests therein taken or requisitioned pursuant to sections 43, 55,ý 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,'95 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. 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 Claims2 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. i

2

3

Public Law 88-489 (78 Stat. 602) (1964), section 17 deleted the phrase "52 (with respect to the material

for which the United States is required to pay just compensation)," after 43. 294

Public Law 88489 (78 Stat. 602) (1964), section 17 added 55.

"Public Law 102-572 (106 Stat. 4516), section 902(b)(1) states: Reference to "United States Claims

Court" shall be deemed to refer to the "United States Court of Federal Claims."

2'Public Law 102-572 (106 Stat. 4516), section 902(bXl) states: Reference to "United States Claims

Court" shall be deemed to refer to the "United States Court of Federal Claims."

Volume 1, Page 1-145
Chapter 16-JUDICIAL REVIEW AND ADMINISTRATIVE

PROCEDURE

Sec. 181. General.

42 USC 223 1. The provisions of the Administrative Procedure Act (Public Law 404,

General. 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 14 7 9

or information protected from dissemination under authority of

section 148"1 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.

42 USC 2232. a. Each application for a license hereunder shall be in writing and shall

License specifically state such information as the Commission, by rule or

applications. regulation, may determine to be necessary to decide such of the technical

and financial qualifications of the applicant, the character of the applicant,

the citizenship of the applicant, or any other qualifications of the applicant

as the Commission may deem appropriate for the license. In connection

with applications for licenses to operate production or utilization facilities,

"the applicant shall state such technical specifications, including

information of the amount, kind, and source of special nuclear material

• required, the place of the use, the specific characteristics of the facility,

and such other information as the Commission may, by rule or regulation,

deem necessary in order to enable it to find that the utilization or

production of special nuclear material will be in accord with the common

defense and security and will provide adequate protection to the health and

safety of the public. Such technical specifications shall be a part of any

license issued. The Commission may at any time after the filing of the

original application, and before the expiration of the license, require

further written statements in order to enable the Commission to determine

whether the application should be granted or denied or whether a license

should be modified or revoked. All applications and statements shall be

signed by the applicant or licensee. Applications for, and statements made

29Public Law 96-295 (94 Stat. 789) (1980), section 207(b)(2), substituted "defense information, or safeguards information protected from disclosure under the authority of section 147" for "or defense

information"; and substituted ", defense information, or such safeguards information," for "or defense

information" in two places. 2SaPublic Law 97-90 (95 Stat. 1163) (1981), section 210(b) amended section 181 (42 USC 2231) as follows:

(1) by striking out "or" before "safeguards information protected",

(2) by inserting "or information protected from dissemination under the authority of section 148" after

section 147; and

(3) by striking out "defense information, or such safeguards information," each place it appears and

inserting in lieu thereof "defense information, such safeguards information, or information protected from

dissemination under the authority of section 148." I . I : I

Volume 1, Page 1-146
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.'

ACRS Report. 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 disclosurei

Commercial power. 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."'

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.

2

9Public Law 84-1006 (70 Stat. 1069), section 5, amended the third from last sentence of subsection 182a.

and added the present last two sentences. Before amendment, the third from last sentence read: All

applications and statements shall be signed by the applicant or licensee under oath or affirmation.

,"Public Law 85-256 (71 Stat. 576) (1957), section 6, added subsection b. and re-lettered former

subsections b.;and c. as subsections c. and d. • • : 1

Public Law 87-615 (76 Stat. 409) (1962), section 3, 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.,

!"rPublic Law 91-560 (84 Stat. 1472) (1970), section 9 amended subsection 182c. Before amendment, it

read as follows:

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.

Volume 1, Page 1-147
Sec. 183. Terms of Licenses.

42 USC 2233. Each license shall be in such form and contain such terms and

Terms of licenses, conditions as the Commission may, by rule or regulation, prescribe to

effectuate the provisions of this Act, including the following provisions:

b.m 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.

42 Usc 2234. No license granted hereunder and no right to utilize or produce special

Inalienability of nuclear material granted hereby shall be transferred, assigned or in any

licenses, 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,' owned or thereafter acquired bya licensee, or upon any

leasehold or other interest to such facility,"' and the rights of the creditors

so secured may thereafter be enforced by any court subject to rules and

regulations established by the Commission to protect public health and

safety and promote the common defense and security.

Sec. 185. Construction Permits and Operating Licenses.

42 USC 2235. a. All applicants, for licenses to construct or modify production or

Construction utilization facilities shall, if the application is otherwise acceptable to the

permits. Commission, be initially granted a construction permit. The construction

permit shall state the earliest and latest dates for the completion of the

construction or modification. Unless the construction or modification of

the facility is completed by the completion date, the construction permit

shall expire, and all rights thereunder be forfeited, unless upon good cause

shown, the Commission extends the completion date. Upon the completion

of the construction or modification of the facility, upon the filing of any

additional information needed to bring the original application up to date,

and upon finding that the facility authorized has been constructed and will

operate in conformity with the application as amended and in conformity

with the provisions of this 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

ýVublic Law 88-489 (78 Stat. 602) (1964), section 18, deleted subsection 183a. 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.".

"Public Law 88-489 (78 Stat. 602) (1964), section 19, added "or special nuclear material."

S'"Public Law 88-489 (78 Stat. 602) (1964). section 19, substituted the word "facility" for the word

"property."

Volume 1, Page 1-148
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 confoirmity 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 provisionsof 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.(l)(B).Y° and NOTE.

Sec. 186;- Revocation.

42 USC 2236. a. Any license may be revoked for any material false statement in the

Revocation. -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.

5 USC 558(b). b. The Commission shall-follow the provisions of section 9(b) of the

80 Stat. 388 AdministrativeProcedure Act in revoking any license.

5 USC 551. 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 huclear material held by the

licensee or may enter upon and operatethe facility prior to any of the

procedures provided under the Administrative Procedures Act. Just

compensation shall be paid for the use of the facility.

Sec. 187. Modification of License..:

42 USC 2237. .-,The terms and conditions of all licenses, shall be subject to amendment, Modification of*:: revision, or modification; by reason of amendments of this Act, or by license. -reason of rules and regulations issued in accordance with the terms of this

Act.

.Sec. 188. Continued Operation of Facilities.

42 USC 2238. Whenever the Commission finds that the public con0venien'ce and

Continued. .nec , essity or the proddction program of the Commission requires continued

operation of -operation of a production facility or utilization facility the license for.* facilities. which has been revoked pursuant to section 186, the Commission may, after consultation with the appropriate regulatory agency, State or Federal, t:-' . having jurisdiction, order that possession' be taken of and such facility be

3°'Public Law 102-486 (106 Stat. 3120), Oct. 24. 1992 added new heading and (a) to section 185 and new (b) at end of section 185(a).- NOTE: Sections 185b. and 189a.(1)(b) of the Atomic Energy Act of 1954, as added by sections 2801 and • 2802, of this Act, shall apply to all proceedings involving a'combined license for which an application was filed after May 8, 1991, under such sections.

Volume 1, Page 1-149
42 USC 2239.

Hearings and

judicial review.

Federal Register.

Publication. -

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 licenseor 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 nosignificant hazards consideration?. 6

(B)(i) Not less than 180 days before the date schedules 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

"0'Public Law 87-615 (76 Stat. 409) (1962), section 2, amended this section. 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.

Public Law 85-256 (71 Stat. 576)(1957), section 7, had previously amended section 189a. by adding the

last sentence thereof.

Public Law 102-486 (106 Stat. 3120) added a subparagraph designator (A), to section 189a(l) and added a

new subsection (BXi). . . -. .. -

Volume 1, Page 1-150
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 bythe hearing request within

180 days of the publication of the notice provided by clause (i)

or the anticipated date for initial loading of fuel into the reactor,

* whichever is later. Commencement of operation under a

combined license is not subject to subparagraph (A).'

(2)(A) The Commission may issue and make immediately effective

any amendment to an operating license or any amendment to a

combined construction and operating license, upon a determination by

the Commission that such amendment involves no significant hazards

consideration, notwithstanding the pendency before the Commission of

a request for a hearing from any person. Such amendment may be

issued and made immediately effective in advance of the holding and

completion of any required hearing. In determining under this section

whether such amendment involves no significant hazards

consideration, the Commission shall consult with the State in which the

facility involved is located. In all -other respects such amendment shall

meet the requirements of this Act. . t , I

(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.

Notice publication.

'Public Law 102-486 (106 Stat. 3121), Oct. 24, 1992 amends section 189a(2) of the Atomic Energy Act

of 1954 (42 UsC 2239 (aX2)) is amended by inserting "or any amendment to a combined construction and

operating license" after "any amendment to an operating license" each time it occurs. *Note: Sections 185b. and 189a.(1)(b) of the Atomic Energy Act of 1954, as added by sections 2801 and

2802 of this Act, shall apply to all proceedings involving a combined license for which an application was filed

after May 8, 1991, under such sections.

Volume 1, Page 1-151
Regulations (C) The Commission shall, during the ninety-day period

establishing following the effective date of this paragraph, promulgate

standards. criteria, regulations establishing (i) standards for determining whether any

and procedures. 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.?98

42 USC 2239(b). 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.2' 'Sec. 190. Licensee Incident Reports. 42 USC 2240. 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.31

Sec. 191. Atomic Safety and Licensing Board.

5 USC 556. a. Notwithstanding the provisions of sections 7(a) and 8(a) of the

5 USC 557. Administrative Procedure Act, the Commission is authorized to establish

42 USC 2241. one or more atomic safety and licensing boards, each comprised of three

80 Stat. 386. members, one of whom shall be qualified in the conduct of administrative

80 Stat. 387. proceedings and two of whom shall have such technical or other

Atomic Safety and qualifications as the Commission deems appropriate to the issues to be

Licensing Board 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

'

06

Public Law 97.415 (96 Stat. 2067) (1983), section 12 amended section 189 by inserting (1) after

subsection (a) designation and by adding at end thereof new paragraph (2)(AXBXC). 3

09Pblic Law 104-134 (110 Stat. 1321-349), April 26, 1996, Title Mi1, Ch 1, Subch A, section 3116(c).

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. . 3

t

°Section 190 was added by Public Law 87-206 (75 Stat. 475) (1961), section 16.

Volume 1, Page 1-152
or authorization under the provisions of this Act, any other provision of

law; or any regulation of the Commission issued thereunder."'

The Commission may delegate to a board such other regulatory

functions as the Commission deems appropriate. The Commission may

appoint a panel of qualified persons from which board members may be

selected.

b 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." 2

See. 192. Temporary Operating License.

42 USC 2133. a. In any proceeding upon an application for an operating license for a

42 USC 2134. utilization facility required to be licensed under section 103 or 104b. of

42 USC 2242. this Act, in which a hearing is otherwise required pursuant to

Post. p. 2073. section 189a., the applicant may petition the Commission for a temporary

Temporary operating license for such facility authorizing fuel loading, testing, and

licensing authority, operation at a specific power level to be determined by the Commission,

Initial petition; 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

ibe filed at any time after the filing of: (1) the report of the Advisory

r 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 tothe 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

Affidavits. 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

31t

Public Law 91-560 (84 Stat: 1472) (1970), section 10, amended the first sentence of subsection 191a.

•Before amendment, it mad 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. '

12

Section 191 was added by Public Law 87-615 (76 Stat. 409) (1962), section 1.

Volume 1, Page 1-153
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

Publication in the amendment thereto. The Commission shall publish notice of each

Federal Register. 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.

Final order, The temporary operating license shall become effective upon issuance and

tansmittal to shall contain such terms and conditions as the Commission may deem

congressional necessary, including the duration of the license and any provision for the

committees. - 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 Interior and Insular Affairs and Energy and Commerce of the House of

Representatives and the Committee onEnvironment and Public Works of

Judicial review, 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.

28 USC 2341 et The requirements of section 189a. of this-Act with respect to the issuance

seq. or amendment of facility licenses shall not apply to the issuance or

Post. p. 2073. amendment of a temporary operating license under this section.

Hearing. 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

Volume 1, Page 1-154
Infra.

Expiration date.

42 USC, 2243.

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.

e. The authority to issue new temporary operating licenses under this

section shall expire on December 31, 1983.,31

Sec. 193. Licensing of Uranium Enrichment Facilities.

(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

`Section 192 was added by Public Law 92-307 (86 Stat. 191) (1972) and amended by Public Law 97-415

(96 Stat. 2067) (1983) prior to which section 192 read as follows:

Sec. 192. Temporary Operating LUcenses.-

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 Comnmission's regulatory staff; and (3) the regulatory staff's final detailed statement on

the environmental impact of the facility prepared pursuant to section 102(2XC) 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, 197 1, if the regulatory staff s final detailed statement required under

section 102(2XC) 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.

Volume 1, Page 1-155
Federal Register,

publication.

Claims.

Nuclear materials.

'license for the construction and operation of a uranium enrichment

facility is completed.

(b) Adjudicatory Hearing.-- 1 (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., (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. . I ý I t.I

(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 peiformance 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 sectionY•4

(f) LIMITATION.-No license or certificate of compliance may be

issued to the United States Enrichment Corporation or its successor under

314

Public Law 101-575 (104 Stat. 2835) (1990).,added new section 193..

Volume 1, Page 1-156
this section or section 53, 63, or 1701, if the Commission determines

that-315

(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

(Repealed"16

315

Public Law 104-134 (110 Stat. 1321-349), April 26, 1996, Title I1, Ch. I, Subch. A, section 3116(bX2),

added subsection (f).

"

16

Public Law 95-110 (91 Stat. 884) (1977), which added chapter 20, repealed chapter 17, which read as

follows:JOINT COMMITEE 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 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 ninety* 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

industry 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 I

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. I ' ' . ,,1 .

b. The members of the Joini 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

(continued...)

Volume 1, Page 1-157
Chapter 18--ENFORCEMENT

Sec. 221. General Provisions.

42 USC 227 1. a. To protect against the unlawful dissemination of Restricted Data and

General provisions, 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 Investigationof 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

3

16

(...continued)

Chairman by the Members from that House.

Sec. 204 Powers.-ln carrying out its duties under this Act, the Joint Committee, or any duly authorized

subcommittee thereof, is authorized to hold such hearings or itivestigations, 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 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. I 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. -

Public Law 87-206 (75 Stat. 475) (1961), section 17, substituted the word "ninety" for the Word "sixty."

Public Law 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 Public Law 93-514 (88 Stat. 1611) (1974).

Volume 1, Page 1-158
be construed as applying to administrative action taken by the

Commission.3 "

Sec. 222.. Violations of Specific Sections.

42 USC 2272. a. Whoever willfully violates, attempts to violate, or conspires to

Violation of violate, any provisions of section 57 or 101, or whoever unlawfully specific sections. 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 ten318 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. 19

b. 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.".'2

Sec. 223. Violation of Sections Generally.

42 USC 2273., a. Whoever321 willfully violates, attempts to violate, or conspires to

Violation of :, violate, any provision of this Act for which no criminal3

' penalty is

sections.generally. specifically provided or of any regulation or order prescribed or issued

under section 65 or subsection 16 lb., i., or o,

323 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 foreignwnation, 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. Any individual director, officer, or employee of a firm constructing,

or supplying the components of any utilization facility -required to be

S , licensed under section 103 or 104b. of this Act who by act or omission, in 3 "•ýPublic Law 101-647 (104 Stat. 4789). section 1211, deleted: -

. I- That no action shall be brought under section 222, 223, 224,225 or 226 except by the express direction of the Attorney General: and provided further,". - - 3 "Public Law 91-161 (83-Stat, 444) (1969), section 2, amended section 222 by substituting the word

"ten" for the word 'five." Section-7 provided that the amendment apply only to offenses committed on or after

December 24,1969. .

3

.. Public Law 91-161 (83 Stat. 444) (1969), section 3(a), amended section 222 by substituting the words

"imprisonment for life, or by imprisonment for any term of years 0r a fine of not more than $20,000 or both" in

lieu of "death or imprisonment for fife (but the penalty of death or imprisonment for life may be imposed only

upon' recommendation of the jury), or by a fine of not more than $20,000 or by imprisonment for not more than

20 years, or both." Section 7 provided that the amendment apply only to offenses committed on or after

December 24, 1969. Public Law 108-458 (118 Stat 3771), Dec. 17, 2004 added "a." paragraph designation &

struck "92" after "57". --> .

"mPublic Law 108-458 (118 Stat. 3771), Dec. 17, 2004 added new section "b.",

"'Public Law 96-295 (94 Stat. 786X1980)- section 203, designated the existing paragraph as subsection a. rePublic Law 91-161 (83 Stat. 444)(1969), section 6, amended section 223 by adding the word "criminal"

before the word "penalty." , 3Public Law 90-190 (81 Stat. 575) (1967), section 12 amended section 223 by striking out the letter "p." appearing after the word "or", and inserting in lieu thereof the letter "'W

Volume 1, Page 1-159
Basic compo

42 USC 213

42 USC 213

Contracts.

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 ofviolation, 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

)nent: this subsection, the term "basic component" means a facility structure,

system, component or part thereof necessary to assure-

(1) the integrity of the reactor coolant pressure boundary,

(2) the capability to shut-down the facility and maintain it in a safe

shut-down condition, or

* (3) the capability to prevent or mitigate the consequences of

accidents which could result in an unplanned offsite release of

quantities of fission products in excess of the limits established by the

Commission.

3. The provisions of this subsection shall be prominently posted at each

4. 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. 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 bythe 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 I lq. 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.

4. •Whoever, lawfully or unlawfully, having possession of, access to,

ion of control over, or being entrusted with any document, writing,'sketch,

a. photograph, plan, model, instrument, appliance, note, or information

involving or incorporating Restricted Dataa. 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;

42 USC 227.

Communicat

restricted dat

32public Law 100-408 (102 Stat. 1066) (1988), section 18 amended section 223 by adding a subsection c.

Public Law 96-295 (94 Stat. 786) (1980), section 203 added a new subsection b.

SVolume 1, Page 1-160
42 USC 2275.

Receipt of

restricted data.

42 USC 2276.'

Tampering with

restricted data.

42 USC 2277.

Disclosure of

restricted data.

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..

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

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 .326

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 beingor 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 isRestricted 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

3

'2Public Law 79-585, August 1, 1946, Title L, section 224; Public Law 83-703 (68 Stat. 958). August 30,

1954, section I; Public Law 91-161 (83 Stat. 444), December 24,,1969, section 3(b); Public Law 102-486

(106 Stat. 2944), October 24, 1992, Title IX, section 902(aXS) (renumbered title 1); Public Law 106-65 (113

Stat. 938), October 5, 1991, Div. C, Title XXXI, section 3148(a); Public Law 106-398 (114 Stat. 1654),

October 30, 2000, section 1 (Div, A, title X, Title X, section 1087(gX9).

mPublic Law 106-65 (113 Stat. 938), October 30, 2000, Div. C, Title XXXI, Subtitle G, section 3148(b),

as amended.

Volume 1, Page 1-161
Data shall, upon conviction thereof, be punishable by a fine of not more

than $12,500.'.

Sec. 228. Statute of Limitations.,

42 USC 2278. Except for a capital offense, no individual or person shall be

Statute of prosecuted, tried, or punished for any offense prescribed or defined in

limitations. 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 Installations. 328

42 USC 2278a. , a.(1) The Commission is authorized to issue, regulations relating to the

Trespass on -entry upon or carrying, transporting, or otherwise introducing or causing

Commission to be introduced any dangerous weapon, explosive, or other dangerous

installations., 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.32

'

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 Installations.

Photographing of It shall be an offense, punishable by a fine of not more than $1,000 or

Commission imprisonment for not more than one year, or both- 3 3

installations. - (1) to make any photograph,- sketch, picture, drawing, map or

42 USC 2278b. 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.

'Public Law 106-65 (113 Stat. 938), Oct 5, 1999, Div. C. Title XXXI, Subtitle G; section 3148(a),

(substituted $12,500 for $2,500). 3uPublic Law 84-1006 (70 Stat. 1069) (1956), section 6, added a new section 229.

raPublic Law 109-58 (119 Stat. 812), August 8, 2005, section 654(3)(B), designated the second sentence

of subsection (a) as paragraph (2). .

3"Public Law 84-1006 (70 Stat. 1069) (1956), section 6,added a new section 230.

. Volume 1, Page 1-162
42 USC 2279.

Other laws.

42 USC 2280.

Injunction

proceedings.

42 USC 2281.

Contempt

proceedings.

Sec. 231. Other Laws.

Sections 224 to 230 shall not exclude the applicable provisions of any

other laws.33 -

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. 332

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 accordance with the subpoena;

and any failure to obey such order of the court may be punished by such

court as a contempt thereof.333 .

Sec. 234. Civil Monetary Penalties for Violations of Licensing

Requirements.

a.'M Any person who (1) violates any licensing or certification

provision of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, 109, or

1701 of 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$100,00033 s for each such violation. 31 If

any violation is a continuing one, each day of suchviolation 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,

42 USC 2073.

42 USC 2077.

42 USC 2092.

42 USC 2093.

42-USC 2111.

42 USC 2112.

42 USC 213 1.

42 USC 2133.

42 USC 2134..

42 USC 2137.

42 USC 2139.'

42 USC 2236.

42 USC 2282.,

83 Stat. 445.

68 Stat. 930.

Civil penalties.

3

.• Public Law 84-1006 (70 Stat 1069) (1956), section 7, amended former section 229 and redesignated it as section 231. Before amendment, section 229 read: "Sec. 229. Other Laws.-Sections 224 to 228 shall not

exclude the applicable provisions of any'other laws.". -. -e 2

Public Law 84-1006 (70 Stat. 1069) (1956), section 6, renumbered former sections 230 and 231 to

sections 232 and 233, respectively. 333

Public Law 84-1006 (70 Stat. 1069) (1956), section 6, renumbered former sections 230 and 231 to sections 232 and 233, respectively. - ý : I I I ,I

sectPublic Law 100-408 (r02 Slat. 1066) (1988), section 17 added section 234A. Public Law 91-161 (83

Stat. 444) (1069), section 4, added section 234. "

3

'The NRC by rulemaking periodically enlarges this number to account for inflation pursuant to the

Federal Civil Penalties Act of 1990, as amended. 36Public Law 96-295 (94 Stat. 787) (1980), section 206, amended section (a) by striking all that followed

"exceed" and inserted "$100,000 for each violation." Prior to amendment, the portion deleted read as follows:

$5,000 for each violation: Provided, That in no event shall the total penalty payable by any person

exceed $25,000 for all violations by such person occurring within any period of thirty consecutive days.

Volume 1, Page 1-163

I
facts, and nature of each act or omission with which the person is charged,

(2) specifically identifying the particular provision or provisions of the

Written sectionrule, regulation, order, or license involved in the violation, and,

notification. (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 Regulations.

42 USC 2282a. a. Any person who has entered into an agreement of indemnification

Contracts. 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 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 deyee of

culpability, and such other matters as justice may require.'

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

33'Public Law 109-58 (119 Stat. 781), August 8, 2005, section 610(a). struck out the last sentence which

read: "In implementing this section, the Secretary shall determine by rule whether nonprofit educational

institutions should receive automatic remission of any penalty under this section."

Volume 1, Page 1-164
Courts, U.S.

Courts, U.S.

Courts, U.S.

Schools and

colleges. ,

Corporations.

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.

(4) If any person fails to pay an assessment of a civil penalty after

it has become a final and unappealable orderunder 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 anyappropriate district

court of the Untied States.Zn 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 uinder which the violation occurs.

; (2) For purposes of this section, the term 'not-for-profit' means that

no part of the net earning of the contractor, subcontractor, or supplier

,Volume 1, Page 1-165
42 USC 2283.

42 USC 2133.

42 USC 2134.

42 USC 2284.

inures to the benefit of any natural person or for-profit artificial

person. 338 .

Sec. 235. Protection Of Nuclear Inspectors.

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 I II of title 18, United States Code.331

Sec. 236. Sabotage Of Nuclear Facilities Or Fuel.

a. Any person who knowinglyo 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 3Public Law 109-58 (119 Stat. 781), August 8, 2005, section 610(a), struck out the last sentence, which

read: "In implementing this section, the Secretary shall determine by rule whether nonprofit educational

institutions should receive automatic 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

Public Law 109-58 (119 Stat. 782), August 8, 2005, Tide VI, section 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". 3

'Public Law 96-295 (94 Stat. 786) (1980), section 202, added new section 235.

30ublic Law 109-58 (119 Stat. 813), August 8,2005, Title VI, section 655.

-Volume 1, Page 1-166
(3) any nuclear fuel for a utilization facility licensed under this

Act, or any spent nuclear fuel from such a facility;

(4) any uranium conversion, or nuclear fuel fabrication facility

licensed or certified' 2 by the Nuclear Regulatory Commission, 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.' 3

(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.3 "

Penalties. b; Any person who knowingly3 " 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.'

"

1Public Law 109-58 (119 Stat. 813), August 8, 2005, Title VI, section 655.

'Public Law 109-58 (119 Stat. 813), August 8, 2005, Title VL section 655 and previous amendments:

August 30, 1954, Chapter 1073, Title i, Chapter 18 as added June 30, 1980, Public Law 96-295 (94

Stat. 787); Jan. 4, 1983, Title 1L section 204(a); Public Law 97.415 (96 Stat. 2076), Nov. 15, 1990,

section 16; Public Law 101-575 (104 Stat. 2835), Oct. 24, 1992, section 5(d); Public Law 102-486

(106 Stat. 2944), Title IX, section 902(aX8); Public Law 107-56 (115 Stat. 380, 381), October 26,

2001, Title VIIZ section 810(f), 81 1(h). 3

"Public Law 109-58 (119 Stat. 813), August 8, 2005, Title VI, section 655, added new sections (5), (6)

and (7) after section (4).

3Public Law 109-58 (119 Stat. 813), August 8, 2005, Title VI, section 655.

m

4

Public Law 109-58 (119 Stat. 813), August 8, 2005, Title VI, section 655.

'Public Law 107-56 (115 Stat. 380, 381), October 26, 2001, Title Vin, section 810(f), 81 1(h).

Volume 1, Page 1-167
42 USC 2015.

Transfer of

property. ý

42 USC 2015a.

42 USC 2015b.

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.';

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. 4 , : 5 1 .

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

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

37Aug. 30, 1954, Chapter 1073, Title L Ch. 19, section 241, ,8 Stat. 960; Oct. 24, 1992, Public Law 102-

486 (106 Stat. 294), Title IX, section 902(aX8).

rePublic Law 107-222 (116 Stat. 1336), August 21, 2002, Energy Policy Act of 1992 [Thorium

Reimbursement Program Authorization].

Volume 1, Page 1-168
Commission, that shall be not less than I 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- , c

(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.'

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

a. DEFINITIONS.-In this section:

(1) HISPANIC-SERVING INSTITUTION.-The term 'Hispanic- serving institution' has the meaning given the term in section 502(a) of

the Higher Education Act of 1965 (20 U.S.C. I 10la(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

42 USC 201 5e.

,Public Law 109-58 (119 Stat. 182), August 8, 2005, section 622.

Volume 1, Page 1-169
(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.-

Sec. 25L Report To Congress. [REPEALED]

42 USC 2016. The Commission shall submit to the Congress, in January35' of each

Report to Congress. 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.

'"Public Law 109-58 (119 Stat. 802), August 8, 2005, Title VI, section 65 1(cX4).

"'Tbis section (Act Aug. 30, 1954, Ch 1073, title I, Ch 19, section 251, (68 Stat. 960); June 11, 1959,

Public Law 86-43, (73 Stat. 73); Oct. 24, 1992, Public Law 102-486, title IX, section 902(a)(8), (106 Stat.

2944)) was repealed by Act Nov. 18, 1997, Public Law 105-85, Div. C, title XXI, Subtitle D, section 3152(a),

(111 Stat. 2042). It provided for a report to Congress on the activities of the Atomic Energy Commission.

Volume 1, Page 1-170
42 USC 2017.

Sec. 261. Appropriations. a.352 No appropriation3 5 3 shall be made to the-Commission, nor shall

the Commission waive charges for the use of materials under the

Cooperative Power Reactor Demonstration Program, unless previously

authorized by legislation enacted by the Congress.3 4

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.

I 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

"'2Public Law 88-72 (77 Stat. 84) (1963), section 107, the AEC Fiscal Year 1964 Authorization Act,

amended section 261. Before anmendment 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

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 otberwise 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)Mthe 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. Subsections c. and d.'added by Public Law 87-615 (76 Stat. 409), section 8. For previous

amendment, of this section see "Atomic Energy Legislation Through 87th Congress, 2nd Session,"

p.79.

)'Excerpts from legislation appropriating funds to the Atomic Energy Commission are set forth in

Appendix 5.

"SLegislation authorizing appropriations to the Commission is set forth in Part i, Infra.

Volume 1, Page 1-171
42

Ag

juri

42

Ap

Fed

42

Lic

Go

age

42

Co•

Sta

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..

USC 2018. Nothing in this Act shall be construed to affect the authority or

ency regulations of any Federal, State, or Local agency with respect to the

isdiction. 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.3's . Sec. 272. Applicability Of Federal Power Act.

USC 2019. Every licensee under this Act who holds a license from the

plicability of Commission for a utilization of production facility for the generation of

deral Power Act. 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.:,

USC 2020. Nothing in this Act shall preclude any Government agency now or

,ensing of hereafter authorized by law to engage in the production, marketing, or

vernment distribution of electric energy from obtaining a license under section 103,

•ncies. 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 States.

USC 2021. 356 It is the purpose of this sectionoperation with (1) to recognize the interests of the States in the peaceful uses of

tes. atomic energy, and to clarify the reslective 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

35

'Public Law 89-135 (79 Stat. 551)'(1965), amended section 27 1. Prior to amendment, this section read

as follows: 271.

Sec* 271. AGENCY JURISDICMION-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. 3

56public Law 86-373 (73 Stat,688) (1959), section 1. added section 274.

Volume 1, Page 1-172
Agreements with

States.

42 USC 2014.

Conditions.

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 t..

I (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, with respect to

any one or more of the following materials within the State-35 7

(1) Byproduct materials (as defined in section 1 le.(1);35

`

(2) Source materials;35 9

(3) Special nuclear materials in quantities not sufficient to form a

critical mass.'3

e

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;"

(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 le.(2).-.

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.

.. 7Public Law 109-58 (119 Stat. 807), August 8, 2005, Title VI, section 65l(eX2).

""1Public Law 95-604 (92 Stat. 3036) (1978), section 204(a), amended section 274(b)(1) by adding "as

defined in section Ile. (I)" after the words "byproductmaterials." ."Public Law 95-604 (92 Stat. 3037) (1978), section 204(a), renumbered paragraphs (2) and (3) as paraVraphs (3) and (4), and added a new paragraph (2).

WPublic Law 109-58 (119 Stat. 807), August 8, 2005, section 651(aX2) added subsections (I) through (3).

'"Public Law 102-486 (106 Stat. 29"), Oct. 24, 1992.

'Public Law 95-604 (92 Stat. 3038) (1978), section 204(f), added a new sentence after paragraph (4).

Volume 1, Page 1-173
Publication in F.R.

Exemptions.

Licensing

requirements.

Federal Radiation

Council.

d. ýThe 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 respects' 3

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. (I) 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

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. There is hereby established a Federal Radiation Council, consisting

of the Secretary of Health, Education, and Welfare, the Chairman of the

Atomic Energy Commission, the Secretary of Defense, the Secretary of

Commerce, the Secretary of Labor, or their designees, and such other

members as shall be appointed by the President. The Council 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, participate

in the deliberations of, and to advise the Council. The Chairman of the

Council shall be designated by the President, from time to time, from

among the members of the Council. The Council 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

mPubfic Law 95-604 (92 Stat. 3037) (1978), section 904(b), amended section 274(d)(2) by inserting the

words "in accordance with the requirements of subsection o, and in all other respects" before the word

"compatible."'

Volume 1, Page 1-174
Inspections.

Termination of

agreement. z

standards and in the establishment and execution of programs of

cooperation with States. The Council shall also perform such other

functions as the President may assign to it by Executive order.

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)6 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 regulator 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.'

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

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

suspend all or part of its agreement with the State without notice or

hearing if, in the judgment of the Commission: . (A),an emergency situation exists with respect to any material

covered by such an agreement creating danger which requires immediate action to protect the health or safety of persons either

within or outside 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

3"Public Law 96-295 (94 Stat. 787) (1980), section 205, inserted (1I)" after j. • 5Public Law 95-604 (92 Stat. 3037) (1978). section 204(d)(1), amended section 274j by adding the words

"all or part of" after, "suspend.!' .

• "Public Law 95-604092 $tat. 3037) (1978), section 204(d)(2), amended section 274j by inserting "(1)"

after "finds that."

3' 6 Public Law 95-604 (92 Stat. 3037) (1978), section 204(d)(3), amended section 274j by adding at the end

before the period:

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.

Volume 1, Page 1-175
Notice of filing.

Definition.

Agreement.

Ante, p. 3033.

Post. p. 3039.

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. 1. 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 16lb. or i.; it 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 16 1i., 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.'

o. In the licensing and regulation of byproduct material, as defined in

section I le. (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

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

'"Public Law 96-295 (94 Stat. 787) (1980), section 205 added new subsection j. (2).

•Public Law 95-604 (92 Stat. 3037) (1978), section 204(c), added last sentence to section 274n.

Volume 1, Page 1-176
Ant

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; , - I

(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 1 le.(2); and

(D) prohibit any major construction activity with respect to

such material prior to complying with the provisions of

subparagraph (C).

re, p. 3033. 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,

21 they must be sufficient to ensure compliance with the standards

USC 2201. '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..7 .

USC 2014. 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 1 le.(2), the State may adopt alternatives (including,

where appropriate, site-specific alternatives) to the requirements adopted

andenforced by the Commission for the same purpose if, after notice and

opportunity for public hearing, the Commission determines that suchalternatives will achieve a level of stabilization and containment of the

sites concerned, and alevel 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

1mPublic Law 95-604 (92 Stat. 3037) (1978), section 204(e), added a new subsection o.

42

42'

Volume 1, Page 1-177
. 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

42 USC 2022- alternative State requirements may take into account local or regional

conditions, including geology, topography, hydrology and meteorology.371

Sec. 275. Health And Environmental Standards for Uranium Mill

Tailings.

42 USC 2022. a. As soon as practicable, but not later than October 1, 1982,'1 the

Rule. 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. 3 The Administrator may

periodically revise any standard promulgated pursuant to this subsection.

42 USC 7911. 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

v standards in final form.374

42 USC 2014. b.(1) As soon as practicable, but not later than October 31, 1982, the

42 USC 6901 note. Administrator shall, by rule, propose and within 11 months thereafter

promulgate in final form,37' 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 1 le.(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..

Promulgation . If the Administrator fails to promulgate standards in final form under

authority. this subsection by October 1, 1983, the authority of the Administrator to

promulgate such standards shall terminate, and the Commission may take

"'Public Law 97-415 (96 Stat. 2067) (1983), section 19 added this paragraph. enPublic Law 97-415 (96 Stat. 2067) (1983), section 18 substituted "October 1. 1982" for "one year after

the date of enactment of this section." .

"3Public Law 97-415 (96 Slat. 2067) (1983), section 22 added this language to section 275a. 374

Pubfic Law 97-415 (96 Stat. 2067) (1983), section 18 substituted this language for "one year after

enactment of this section." "SPublic Law 97-415 (96 Stat. 2067) (1983), section 22 added this language to section 275b(I).

Volume 1, Page 1-178
42 USC

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

t6 byproduct material as defined in section 1 le.(2) shall confirm to such

2014. 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 1 le.(2) pending promulgation by the Commission of any such

standard of general application., 6 In establishing such standards, the

Administiator 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.377

(2) Such generally applicable standardspromulgated 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 1 le.(2) of this Act. The

Administration may periodically revise any standard promulgated pursuant

2021. to this subsection. Within three years after such re'vision 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 1 le.(2) or any revision

thereof.

Lion. c. (1) Before the promulgation of any rule pursuant to this section, the

earing ý Administrator shall publish-the proposed rule in the Federal Register,

ity. together with a statement of the research, analysis, and other available

on in information in support of such proposed rule, and provide a period of

,egister. 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.

eview. (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

42 USC 2

Consultat

Notice, h

opportun

Publicati

Federal R

Judicial r

376

Public Law 97-415 (96 Stat. 2067) (1983), section 18 changed subsectioin b from "eighteen months

after enactment of this section" to current language. 3

"Public Law 97-415 (96 Stat. 2067) (1983). section 22 added this language at end of subsection b.

Volume 1, Page 1-179
5 USC et seq.

42 USC 202 1.

42 USC 2014.

42 USC 7401 note.

Uranium mill

licensing

requirement

regulations.

Implementation

and Enforcement.

Review, public

comment, and

suspension.

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 I le.(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.s 8

f.(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"). i 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 I le.(2))

under this Act on a licensee-by-licensee basis as the Commission deems

necessary to protect public health, safety, and the environment.

"sPublic Law 95-604 (92 Stat. 3039) (1978), section 206(a), added section 275.

Volume 1, Page 1-180
(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.

* 42 USC 2114. (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

j environment.3 ,

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

Regulatory Concern of Nuclear Regulatory.Commission.

42 USC 2023. (a)3 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.

Exkcept 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 purposesof this section:

(1) The term "low-level radioactive waste" means radioactive

material classified by the Nuclear Regulatory Commission as low-level

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. . (b) REVOCATIONOF 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.3 .'

See. 281. Separability.r

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.

Shor .Sec. 291. SHORT TITLE.:;

Short title. This Act may be cited as the "Atomic Energy Act of 1954 ."

379Public Law 97-415 (96 Stat. 2067) (1983), section 18 added new subsection f.

republic Law 102-486 (106 Stat. 3122) 3

rePublic Law 102-486 (106 Stat. 3122); Oct. 24, 1992 added new section 276.

Volume 1, Page 1-181
Chapter 20-JOINT COMMITTEE ON ATOMIC ENERGY

ABOLISHED; FUNCTIONS AND RESPONSIBILITIES

REASSIGNED

Sec. 301. Joint Committee On Atomic Energy Abolished.

42 USC 2258. 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

theSenate and the House of Representatives which, under the rules of the

Senate and the House, have jurisdiction over the subject matter of such

reference.

Records, transfer. 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.

42 USC 2251 et a. Effective on the date of enactment of this section, chapter 17 of this

seq. Repealed. Act is repealed.

b. Section 103 of the Atomic Energy Community Act of 1955, as

Repealed. amended, is repealed.

42 USC 2315. c. Section 3 of the Congressional Budget and Impoundment Control

Act of 1974 is amended by-

(1) striking the subsection designation "(a)"; and

Repealed. (2) repealing subsection (b).

2 USC 190j. d. Section 252(a)(3) of the Legislative Reorganization Act of 1970 is

Repeal. repealed. I

Sec. 303. Information And Assistance To Congressional Committees.

42 USC 2259. 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

Volume 1, Page 1-182
42 USC 2:

President'

the activities or responsibilities of such agency in the field of nuclear

energy which are within the jurisdiction of such committees.

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

Administration.38 2

Approved August 30, 1954; 9:44 a.m. E.D.T.

Chapter 21-DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 311. Establishment.

286. (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").

of U.S. (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.-:';

286. (4) Not -later than 180 days after the date of the enactment of this

of U.S.. 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.

42.USC 2

Presidenti

Reports.

3

"Public Law 95-110 (91 Stat. 884) (1977) added Chapter 20.

Volume 1, Page 1-183
President of U.S. (c) Chairman and Vice Chairman.-(1) The President shall designate a

Chairman and Vice Chairman of the board from among members of the

Board.

(2) The Chairman shall be the chief executive officer of the Board

and, subject to such policies as the Board may establish, shall exercise

the functions of the Board with respect to-

(A) the appointment and supervision of employees of the

Board;

(B) the organization of any administrative units established by

the Board; and

(C) the use and expenditure of funds.,

(3) The Chairman may delegate any of the functions under this

paragraph to any other member or to any appropriate officer of the

Board.

(4) The Vice Chairman shall act as Chairman in the event of the

absence or incapacity of the Chairman or in case of a vacancy in the

office of Chairman.

(d) Terms.-(1) Except as provided under paragraph (2), the members

of the Board shall serve for terms of five years. Members of the Board

may be reappointed.

(2) Of the members first appointed-

(A) one shall be appointed for a term of one year;

(B) one shall be appointed for a term of two years;

(C) one shall be appointed for a term of three years; (D) one shall be appointed for a term of four years; and

(E) one shall be appointed for a term of five years, as

designated by the President at the time of appointment.

(3) Any member appointed to fill a vacancy occurring before the

,expiration of the term of office for which such member's predecessor

was appointed shall be appointed only for.the remainder of such term.

A member may serve after the expiration of that member's term until a

successor has taken office.

(e) Quorum.-Three members of the Board shall constitute a quorum,

but a lesser number may hold hearings.

" Sec. 312. Functions Of The Board.

42 USC 2286a. The Board shall perform the following functions:

(1) Review And Evaluation Of Standards.-The Board shall review

and evaluate the content and 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.

Volume 1, Page 1-184
' -(B) ' The purpose of any Board investigation under subparagraph

'.'(A) shallbe- - : ; (i) to determine whether the Secretary of Energy is

-,. adequately '-. implementing the standards described in paragraph

. (1) : of the Department of Energy (including all applicable

......-.. :....... Department of Energy orders; regulations, and requirements) at

the facility;

.. . (ii) to ascertain information concerning the circumstances of

.such event or practice and its implications for such standards;

- .. (iii) to determine whether such event or practice is related to

other events or practices at other Department of Energy defense

nuclear facilities; and ..

implementation of such standards (including Department of

• ',, . :. Energy orders, regulations, and requirements) andsuch

recommendations relating to data or research needs as may be

.i:!.prudent or necessary... .,i

. (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

W. Jireview 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

.. i reasonable time, such .recommendations relating to the construction of

, ,W 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.............

'-i .(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 Mdequate protection of public health * ,.. , '• .-and safety.- In making its recommendations the Board shall consider

- - .the technical and economic feasibility of implementing the

recommendedmeasures. . . ,-

Sec. 313. Powers Of Board. . . :j.. ,

42 USC 2286b. (a) Hearings.-(1) The Board or a member authorized by the Board

S .. - :1,. mayfor the purpose of carrying out this chapter,hold such hearings and

-, :... "sit and act at such times and places, and require,'by subpoena or

S... . otherwise; the attendance and testimony of such witnesses and the

S"• .. .. production of such evidence as the Board of an authorized member may

--find advisable: . . . . .

Volume 1, Page 1-185
" (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

Untied States at any designated place of hearing in the United States.

(B) Any member of the Board may administer oaths or

affirmations to witnesses appearing before the Board.

(C) If a person issued a subpoena under paragraph (1) refuses

to obey such subpoena or is guilty of contumacy, any court of the

United States within the judicial district within which the hearing is

conducted or within the judicial district within which such person is

found or resides or transacts business may (upon application by the

Board) order such person to appear before the Board to produce

,evidence or to give testimony relating to the matter under

investigation. Any failure to obey.such order of the court may be

punished by such court as a contempt of the court.

(D) The subpoenas of the Board shall be served in the manner

provided for subpoenas issued by a United States district court

under the Federal Rules of Civil Procedure for the United States

district courts.

(E) All process of any court to which application may be made

under this section may be served in the judicial district in which the

person required to be served resides or may be found.

(b) Staff.-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 full-time

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.

Classified

information.

42 USC 2286b.

Volume 1, Page 1-186
(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

(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.

42 USC 2286c. (a) ý Cooperation.-The Secretary of Energy shall fully cooperate with

Contracts. 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.

42 USC 2286d. -(a) Public Availability And Comment.-Subject to subsections (g) and

Federal Register, .(h) and after receipt by the Secretary of Energy of any recommendations

publication. -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

Volume 1, Page 1-187
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.

Federal Register, : (2) At the same time as the Secretary of Energy transmits his

publication, 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).

(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,

F " -. . recommendation or make a revised recommendation and shall notify the

Federal Register, Secretary of its action. Within 30 days after receiving the notice of the

publication. Board's action under this subsection, the Secretary shall consider the

Reports. 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.

Reports. (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

Volume 1, Page 1-188
Reports.

Public healtl

safety.

President of

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. ý (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..

hand (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). r

U.S. (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 SBoard's recommendation.

ion. ýo (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

U.S. 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.

6e. . (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

Public inforr

President of

42 USC 228

Volume 1, Page 1-189
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 BQard

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.

42 USC 2286f. Chapter 7 of title 5, United States Code, shall apply to the activities of

the Board under this chapter. . Sec. 318. Definition.

42 USC 2286g. As used in this chapter, the term "Department of Energy defense

nuclear facility" means any of the following:

(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 sieq.) and licensed by the Nuclear Regulatory Commission.

Sec. 319. Contract Authority Subject To Appropriations.

42 USC 2286h. The authority of the Board to enter into contracts under this chapter is

effective only to the extent that appropriations (including transfers of

appropriations) rare provided in advance for such purpose.

Sec. 320. Transmittal Of Certain Information to Congress.

42 USC 2286h-1. 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

Volume 1, Page 1-190
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.83 3

Sec. 321. Annual Authorization Of Appropriations.

42 USC 2286i. Authorizations of appropriations for the Board for fiscal years

beginning after fiscal year 1989 shall be provided annually in

authorizations Acts.

(2) The table of contents at the beginning of the Atomic Energy

Act of 1954 is amended by adding at the end the following:

Chapter 21-DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 311. Establishment.

Sec. 312. Functions of the Board.

Sec. 313. Powers of Board.

Sec. 314. Responsibilities of the Secretary of Energy.

Sec. 315. Board recommendations.,

-See. 316. Reports.:.

• Sec. 317. Judicial review.

Sec. 318. Definition.

Sec. 319. Contract authority subject to appropriations.

Sec. 320. Annual authorization of altpropriations.

(b) Salary For Boar! Members At Executive Schedule Level III. -

Section 5314 of title 5, United States Code, is amended by inserting after

"Members, Nuclear Regulatory Commission." the following: Members,

Defense Nuclear Facilities Safety Board. ý

42 USC 2286e (c) Requirements For First Annual Report.-(1) Before submission of

note. the first annual report by the Defense Nuclear Facilities Safety Board

under section 316(a) of the Atomic Energy Act of 1954 (as added by

subsection (a)), the Board shall conduct a study on whether nuclear

facilities of the -Department of Energy that are excluded from the

definition of "Department of Energy defense nuclear facility" in

section 318(1)(C) of such Act (hereafter in this subsection referred to as ."non-defense nuclearfacilities") should be subject to independent external

oversight. The Board shall include in such first annual report the results of

such study and the recommendation of the Board on whether non-defense

nuclear facilities should be subject to independent external oversight.

.(2) If the Board recommends in the report that non-defense nuclear

facilities should be subject to such oversight, the report shall include a

discussion of alternative mechanisms for implementing such oversight,

-.including mechanisms such as a separate executive agency and

oversight as a part of the Board's responsibilities. The discussion of

alternative mechanisms of oversight also shall include considerations

of budgetary costs, protection of the security of sensitive nuclear

Weapons information, and the similarities and differences in the design,

construction, operation, and decommissioning of defense and

non-defense nuclear facilities of the Department of Energy.

(d) Requirements For Fifth Annual Report.-The fifth annual report

submitted by the Defense Nuclear Facilities Safety Board under

section 316(a) of the Atomic Energy Act of 1954 (as added by

subsection (a)) shall include-

(1) an assessment of the degree to which the overall administration

of the Board's activities are believed to meet the objectives of

Congress in establishing the Board;

3

NPublic Law 103-160 (107 Stat 1959), Nov. 30, 1993, Div C., Title XXXII, section 3202(a)(2).

Volume 1, Page 1-191
(2) recommendations for continuation, termination, or modification

of the Board's functions and programs, including recommendations for

transition to some other independent oversight arrangement if it is

advisable; and

(3) recommendations for appropriate transition requirements in the

event that modifications are recommended.

SEC. 1442. TRANSFER-The Secretary of Energy, to the extent

provided in appropriations Acts, shall transfer to the Defense Nuclear

Facilities Safety Board established by section 311 of the Atomic Energy

Act of 1954 (as added by section 1441) from sums available for obligation

for national security programs such sums as may be necessary, as

determined by such Board, for the operation of the-Board during fiscal

year :1989,,but in no case may more that $7,000,000 transferred for such

purpose. Sums transferred shall be available to such Board to carry out its

responsibilities under chapter 21 of the Atomic Energy Act of 1954 (as

added by section 1441) and shall remain available until expended.38

NEGOTIATED RULEMAKING ON FINANCIAL

PROTECTION FOR RADIOPHARMACEUTICAL

LICENSEES.

42 usc 2210 note. (A) Rulemaking Proceeding.-

Contracts. (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,

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

'"Public Law 100-456 (102 Stat. 2076) (1988) added Chapter 21.

Volume 1, Page 1-192
Contracts.

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.'

TITLE I-UNITED STATES ENRICHMENT

CORPORATION

Chapter 22-GENERAL PROVISIONS

SEC. 1201. DEFINITIONS.

42 USC 2297. For purposes of this title:'s . -(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

C orporation. ' . 1 1-,° -

(5) The term "corrective actions" has the meaning given such term

by the Administratorof the Environmental Protection Agency under

section 3004(u) of the Solid Waste Disposal Act (42 USC 6924(u)).

3"Public LawI 1048 (102 Stat. 1066) (1988), section 19, provided for this rulemaking which is not part 'of the Atomic Energy Act.. -. 1 ' - I • . .. I . .: WAdded by Public Law 102-486(106 Stat. 2924). 3

"Section will be repealed on privatization date. Act April 26,1996, Public Law 104-134 (110 Stat.

1321-349), Title KI Chapter 1, Subchapter A, section 3116(a), provides: Chapters 22 through 26 of the Atomic Energy Act of 1954 (42 USC 2297-2297e-7) are repealed as of

the privatization date., . (The "privatization date" is defined at 42 USCS 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.)

Volume 1, Page 1-193
(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

perpercentage.

3 -9

SEC. 1202. PURPOSES.

97a. The Corporation is created for the following purposes:

(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).

42 USC 22

. aSeverability provisions for Title IX of Public Law 102486 (106 Stat. 2946), Oct 24, 1992, section 904,

provides:

if any provision of this title (42 USCS sections 2297 et seq.. generally, for full classification, consult

USCS Tables volumes], or the amendments made by this title [42 USCS sections 2297 et seq., generally,

for full classification, consult USCS 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 USCS sections 2297 et seq.,

generally, for full classification, consult USCS Tables volumes], or its application shall not be affected.

References to the Corporation after privatization date. Public Law 104-134 (110 Stat. 1321-350),

April 26, 1996, Title II, chapter 1, subchapter A, section 3116(e), provides:, - ,

Following the privatization date, all references in the Atomic Energy Act of 1954 [42 USCS

sections 2011 et seq.) to the United States Enrichment Corporation shall be deemed to be references to

the private corporation.

Volume 1, Page 1-194
I (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 ýconduct 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. I (11) To take all other lawful actions in furtherance of these

purposes. .

Chapter 23-ESTABLISHMENT, POWERS, AND

ORGANIZATION OF CORPORATION

SEC. 1301. ESTABLISHMENT OF THE CORPORATION.

(a)3" 9 9 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.:

I (c) . FEDERAL AGENCY.-The Corporation shall be an agency and

instrumentality of the United States. -

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, forpurposes 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;

42 USC 2297b.

42 USC 2297b-1.

42 USC 2297b-2.

'9Added by Public Law 102-486 (106 Stat. 2925)., -

.. Section will be repealed on privatization date. Public Law 104-134 (1 10 Stat. 1321-349), April 26,

1996, Title Ill, Chapter 1, Subchapter A, section 3116(a), provides:

Chapters 22 through 26 of the Atomic Energy Act of 1954(42 USC 2297-2297e-7) arm repealed as of

the privatization date.

(The "privatization date" is defined at 42 USCS 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.)

Volume 1, Page 1-195
(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

S(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.

(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.

42 Usc 2297b-3.

Volume 1, Page 1-196
(2) INITIAL MEMBERS.-Of the members first appointed to the

Board-

(A) 1 shall be appointed for a 1-year term;

(B) I shall be appointed for a 2-year term;

(C) I shall be appointed for a 3-year term; and

(D) I 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

part-time 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 OFINTEREST 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.

42 USC 2297b-4. :. (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

section 230 1(b) of title 5, United States Code, relating to merit system

principles. Officersand 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

Volume 1, Page 1-197
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- , ý(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 (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

public accountant in accordance with auditing standards issued by the

42 USC 2297b-5.

Volume 1, Page 1-198
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.-AII 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.

ý (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 HI of chapter 15 of

title 31, United States Code.

42 USC 2297b-6.

42 USC 2297b-7.

Volume 1, Page 1-199
(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

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.

42 USC 2297b-8. (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. ': 1 1

(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 thebond 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.

Volume 1, Page 1-200
4:

(vi) Any other terms and conditions.

(B) INAPPLICABILITY OF RIGHTTTO 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

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 TAXATIONAND PAYMENTS

IN LIEU OF TAXES.

2 USC 2297b-9. (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.4Beginning 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

.1,not be less than the payments that would have been made to the taxing

authority for the same period by the Department and its cost-type

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 prevailingimmediately prior

7 .to the transition date.

(c) TIME OF PAYMENTS.-Payments shall be made by the

+: -i Corporation at the time when payments of taxes by taxpayers to each

-taxing authority are due and payable. -

4 (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

USC 2297b-10. 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

42

Volume 1, Page 1-201
the cooperation, services, records,. and facilities of State, territorial,

• municipal, or other local agencies.,

. SEC. 1312. APPLICABILITY OF CERTAIN FEDERAL LAWS.

42 USC 2297b- 11. (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, arid local 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 etseq.) 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.).

Volume 1, Page 1-202
42 USC 2297b- 12.

42 USC 2297b-13.

42 USC 2297b- 14.

President.

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.

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

Corporationion 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.-AII 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.

Volume 1, Page 1-203
SEC. 1316. WORKING CAPITAL ACCOUNT42 USC 2297b- 15. ' 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.

Chapter 24-RIGHTS, PRIVILEGES AND ASSETS OF THE

CORPORATION

SEC. 1401. MARKETING AND CONTRACTING AUTHORITY.

42 USC 2297c. (a)391 3 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 SETTIEMENT.-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,393 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

"'Added by Public Law 102-486 (106 Stat. 2934).

reSection will be repealed on privatization date. Public Law 104-134 (110 Stat. 1321-349), April 26,

1996, Title M, Chapter 1, subchapter A, section 3116(a), provides:

Chapters 22 through 26 of the Atomic Energy Act of 1954 (42 USC 2297-2297e-7) are repealed as of

the privatization date.

ý(The "privatization date" is defined at 42 USCS 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.)

mPublic Law 102-572 (106 Stat. 4516), Oct. 29, 1992, Title IX, section9O2(bXl), struck "United States

Claims Court" and inserted "Court of Federal Claims."

Volume 1, Page 1-204
42 USC 2297c- I.

42 USC 2297c-2.

the Department, may enter into such contracts it determines to be

appropriate.3 94

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 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

I'The bracketed words "United States Court of Federal Claims" were inserted in subsection (BX2XA) of

this section on the authority of section 902(bX1) of Act Oct. 29, 1992. Public Law 102-572, which appears as

28 USCS section 171 note, and which provides that reference to the United States Claims Court in any Federal

law or document shall be deemed to refer to the United States Court of Federal Claims.

Repeal of section as of privatization date. Act April 26, 1996, Public Law 104-134 (110 Stat. 1321-349),

:Title m, Chapter 1, subchapter A, section 3116(a),'provides: "Chapters 22 through 26 of the Atomic Energy

Act of 1954 (42 USC 2297-2297e-7) are repealed as of the privatization date." (The "privatization date" is

defined at 42 USCS 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.)

Volume 1, Page 1-205
42 USC 2297c-3.

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.

(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)

Volume 1, Page 1-206
42 USC 22

42 USC 22'

that have been incurred by the United States for uranium enrichment

activities prior to the transition date.

SEC. 1405., PATENTS AND INVENTIONS.

97c-4. 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 underusection 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.

97c-5. , (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

shall not be considered a Federal agency for purposes of chapter 171 of

title 28, United States Code.

SEC. 1407. TRANSFER OF URANIUM INVENTORIES.

97c-6. The Secretary shall transfer to the Corporation without charge all raw

and low-enricheduranium 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

97c-7. (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

least-cost approach to providing blending and conversion services,

compatible with environmental, safety, security, and nonproliferation

421USC 225

42 USC 225

Volume 1, Page 1-207
42 USC 2297d.

42 USC 2297d-1.

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 CORPORATION

SEC. 1501. STRATEGIC PLAN FOR PRIVATIZATION. (a)m5 N 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-, . ' "(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 Presidentand 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 theprivatization 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;

"'Added by Public Law 102-486 (106 Stat. 2937)

'Section will be repealed on privatizatlon date. Act April26, 1996, Public Law 104-134 (110 Stat.

1321-349), Title HI, Chapter 1, subchapter A, section 3116(a), provides: .

Chapters 22 through 26 of the Atomic Energy Act of 1954(42 USC 2297-229.7e-7) are repealed as of

the privatization date.

-(The "privatization date" is defined at 42 USCS 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.)

Volume 1, Page 1-208
(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.

Chapter 26-AVLIS AND ALTERNATIVE TECHNOLOGIES

FOR URANIUM ENRICHMENT

SEC. 1601. ASSESSMENT BY UNITED STATES ENRICHMENT

CORPORATION.

42 usc 2297e. (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 includeS .(I) 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-d (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

"

7

Added by Public Law 102-486 (106 Stat. 2939).

... Section will be repealed On privatization date. Act April 26. 1996, Public Law 104-134 (110 Stat.

1321-349), Title m, chapter 1, gubchapter A, section 3116(a), provides:

Chapters 22 through 16 o rthe Atomic Energy Act of 1954 (42 USC 2297-2297e-7) are repealed as of

the privatization date.

(The "privatization date" is defined at 42 USCS 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.)

Volume 1, Page 1-209
(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 OFAVLIS 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

42 Usc 2297e-1. (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-

(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

42 USCt'297e-2. The Corporation may begin activities necessary to prepare AVLIS or

alternative technologies for uranium enrichment for commercialization

includingVolume 1, Page 1-210
42 USC 2297e-3.

(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 ofeconomic 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

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

Volume 1, Page 1-211
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.

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 Corration.

(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.

42 USC 2297e-4.

Volume 1, Page 1-212
42 USC 2

42 USC 2

(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

ASSISTA NCE. , ,,- , . 1,

297e-5. 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.

297e-6. 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.

297e-7. Section 170 shall not apply to any license, under section 53, 63, or 103 . fora uranium enrichment facility constructed after the date of the

,enactment of this title.•

Chapter 27-LICENSING AND REGULATION OF URANIUM

ENRICHMENT. FACILITIES - . L ' I

42 USC 2

42 USC 2297f.

'SEC. 1701. GASEOUS DIFFUSION FACILITIES

(a)3 " ISSUANCE OF STANDARDS.-Within 2 years after the date

of the enactment of this title lenacted 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

3

"Added by Public Law 102486 (106 Stat 295 1), October 24. 1992. as amended by Public 104-134,

(110 Stat. 1321-349), April 26, 1996,.Title I1, Chapter 1, subchapter A, section 3116(b)(3); Public

Law 105-362 (112 Star. 3292), November 10, 1998, Title lI, section 1202. will .'Section be repealed onprivatization date. Act April 26, 1996, Public Law 104-134 (110 Stat.

1321-349), Title II1, Chapter 1, subchapter A, section 3116(a), provides:

Chapters 22 through 26 of the Atomic Energy Act of 1954 (42 USC 2297-2297e-7) are repealed as of

the privatization date.

(The "privatization date" is defined at 42 USCS 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.)

Volume 1, Page 1-213
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.401

(3) TREATMENT OF CERTIFICATE OF COMPLIANCE.-The

requirement for a certificate of compliance under paragraph (1) shall

be in lieu of any requirement for a license for any gaseous diffusion

facility of the Department leased by the Corporation.

(4) NRC REVIEW.-

(A) IN GENERAL.-The Nuclear Regulatory Commission, in

consultation with the Environmental Protection-Agency, shall

review the operations of the Corporation with respect to any

gaseous diffusion uranium enrichment facilities of the Department

leased by the Corporation to ensure that public health and safety

are adequately protected. (B) ACCESS TO FACILITIES AND INFORMATION.- The

Corporation and the Department shall cooperate fully with the

Nuclear Regulatory Commission and the Environmental Protection

Agency and shall provide the Nuclear Regulatory Commission and

the Environmental Protection Agency with the ready access to the

facilities, personnel, and information the Nuclear Regulatory

Commission and the Environmental Protection Agency consider

necessary to carry out their responsibilities under this subsection. A

contractor operating a Corporation facility for the Corporation shall

provide the Nuclear Regulatory Commission and the

Environmental Protection Agency with ready access to the

facilities, personnel, and information of the contractor as the's

Nuclear Regulatory Commnission and the Environmental Protection

Agency consider necessary to carry out their responsibilities under

this subsection.

"'As amended April 26, 1996, Public Law 104-134 (110 Stat. 1321-349), Nov. 10, 1998, Title Im,

Chapter 1, subchapter A, section 3116(bX3); Public Law 105-362 (112 Stat. 3292), Title X1I, section 1202.

Volume 1, Page 1-214
(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.

42 USC 2297f- I. (a) IN GENERAL.-Corporation facilities using alternative

technologies for uranium enrichment, including than AVLIS, shall be

licensed under sections 53, 63, and 193,2

,(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.

42 USC 2297f-2. 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

42 USC 2297g.

SEC. 1801. URANIUM ENRICHMENT DECONTAMINATION

AND DECOMMISSIONING FUND

(a)' 3 4 4 ESTABLISHMVENT.-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

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-

'Publie Law 104-134 (110 Stat. 1321-349),: April 26, 1 996, Title I11, Chapter 1, subchapter A, section

-3116(bX4). - - - . I . . I I . - -I - "43 Added by Public Law 102-486 (106 Stat. 2953)

-Section will be repealed on privatization date. Act April 26, 1996, Public Law 104-134 ( 10 Stat.

1321-349), Title 1Il, Chapter 1, subchapter A, section 3116(a), provides:

Chapters 22 through 26 of the Atomic Energy Act of 1954 (42 USC 2297-2297e-7) are repealed as of

the privatization date.

(The "privatization date" is defined at 42 USCS 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.)

Volume 1, Page 1-215
(A)bhaving 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.

42 USC 2297g-l.1: (a) AMOUNT.-The Fund shall consist of deposits in the amount of

$488,333,333B per fiscal year (to be annually adjusted for inflation 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:

(• ) 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 ifsuch'separative work unit was

purchased by the utility, but sold to another sofirce.

-(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

(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.

'Public Law 105-388 (112 Stat. 3485), Nov. 13, 1998 struck "$488,333,333".

Volume 1, Page 1-216
42 USC 2

(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

297g-2. (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) PAYMENTOF 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.

297g-3. ..... All laborers and mechanics employed by contractors or subcontractors

'."'in the performance-Of decontamination or decommissioning of uranium

eenrichmefit 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

S. 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.

297g4. 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 2:

42 USC 2,

Volume 1, Page 1-217
TITLE III-RESCISSIONS AND OFFSETS

42 USC 2011 note.

USEC Privatization

Act.

42 USC 2297h.

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."" 4

SEC. 3102. DEFINITIONS.

For purposes of this subchapter:

(1) The term "AVLIS" means atomic vapor laser isotope separation

technology.

(2) The term "Corporation" means the United States Enrichment

Corporation and, unless the context otherwise requires, includes the

private corporation and any successor thereto following privatization.

(3) The term "gaseous diffusion plants" means the Paducah

Gaseous Diffusion Plant at Paducah, Kentucky and the Portsmouth

Gaseous Diffusion Plant at Piketon, Ohio.

(4) The term "highly enriched uranium" means uranium enriched to

20 percent or more of the uranium-235 isotope.

(5) The term "low-enriched uranium" means uranium enriched to

less than 20 percent of the uranium-235 isotope, including that which

is derived from highly enriched uranium.

(6) The term .low-level radioactive waste" has the meaning given

such term in section 2(9) of the Low-Level Radioactive Waste Policy

Act (42 USC 202lb(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 undprwritten 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.

"'Mlis section was enacted as part of the USEC Privatization Act (Public Law 104-134 (110 Stat. 1321-

335), Title 111, Chapter 1, subchapter A) and not as part of the Atomic Energy Act of 1954, which generally

comprises this Chapter . ....

'Section will be repealed on prtvatization date. Act April 26, 1996, Public Law 104-134 (110 Stat.

1321-349), Title 111, Chapter 1, subchapter A, section 3116(a), provides:

Chapters 22 through 26 of the Atomic Energy Act of 1954 (42 USC 2297-2297e-7) are repealed as of

the privatization date.

(The "privatization date" is defined at 42 USCS 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.)

Volume 1, Page 1-218
42 USC 2297h-1.

42 USC 2297h-2.

42 USC 2297h-3.

(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 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.

I (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 ;hall establish a private

for-profit corporation under the laws of State for the purpose of

Volume 1, Page 1-219
receiving the assets and obligations of the Corporation at privatization

-and continuing the business operations of the Corporation following

privatization.

(2) The directors of the Corporation may serve as incorporators of

the private corporation and shall take all steps necessary to establish

,the private corporation, including the filing of articles of incorporation

consistent with the provisions of this subchapter.

(3) Employees and officers of the Corporation (including members

of the Board of Directors) acting in accordance with this section onbehalf 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.

42 USC 2297h-4.

Records.

Volume 1, Page 1-220
42 USC 2297h-5.

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 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 USC4332).

(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

officers carrying sidearms at all times to ensure maintenance of

security at the gaseous diffusion plants (whether a gaseous diffusion

plant is operated directly by a Federal agency or by a private entity

under a contract or lease with a Federal agency).

"Public Law 105-245 (112 Stat. 1853), Title M, section 310, Oct. 7, 1998.

Volume 1, Page 1-221
(2) Fundinge

(A) The costs of arming and providing arrest authority tothe

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

I (ii) the private entity leasing the gaseous diffusion plant

shall pay the percentage of the costs equal to the percentage of

the total number of employees at the gaseous diffusion plant

who are employees of the private entity (including employees

of a contractor or subcontractor) other than those employees

who perform work for the Department.

(B) Neither the private entity leasing the gaseous diffusion plant

nor the Department shall reduce its payments under any contract or

lease or take other action to offset its share of the costs referred to

in subparagraph (A), and the Department shall not reimburse the

private entity for the entity's share of these costs.

(C) Nothing in this subsection shall alter the Department's

responsibilities to pay the safety, safeguards and security costs

associated with the Department's highly enriched uranium

activities.4to

SEC. 3108. TRANSFER OF CONTRACTS.

I (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

42 USC 2297h-6.

(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.-(l) Notwithstanding subsection (a), the United

States shall remain obligated to the parties to the contracts, agreements,

S and leases transferred under subsection (a) for the performance of its

obligations under such contracts, agreements, or leases during their terms.

*'Public Law 105-245 (112 Stat. 1853), Oct. 7, 1998, Title IM, section 310: added new paragraph (2). 4

"Public Law 104-134 (110 Stat. 1321-338), Apr. 26, 1996, Title HL Chapter 1, subchapter A,

section 3107; Public Law 105-62 (111 Stat. 1341), Oct 13, 1997, Title V, section 511; Public Law 105-245

(112 Stat. 1853), Oct. 7. 1998, Title lll, section 310.

Volume 1, Page 1-222
42 USC 2297h-7.

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

(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.-

:- ; ý,(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. ý 1 (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 ofthe 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

w ithdraw n. " . : )' 

(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.

Volume 1, Page 1-223
42 USC 2297h-8.

I.. (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

i 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.

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 paricipants 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

Volume 1, Page 1-224
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

as Yested 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 planLt.

(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

Volume 1, Page 1-225
(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.

Deadline. (8) CONTINUITY OF BENEFITS-To the extend appropriations

Ohio. are provided in advance for this purpose or are otherwise available, not

Kentucky. 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.4 n

(b) Former Federal Employees.-

(1)(A) An employee of the Corporation that was subject to

either the Civil Service Retirement System (referred to in this

section as "CSRS") or the Federal Employees' Retirement System

(referred to in this section as "FERS") on the day immediately

preceding the privatization date shall elect-

(i) to retain the employee's coverage under either CSRS or

FERS, as applicable, in lieu of coverage by the Corporation's

retirement system, or

(ii) to receive a deferred annuity or lump-sum benefit

payable to a terminated employee under CSRS or FERS, as

applicable.

(B) An employee that makes the election under subparagraph (A)(ii) shall have the option to transfer the balance in the

employee's Thrift Savings Plan account to a defined contribution

plan under the Corporation's retirement system, consistent with

applicable law and the terms of the Corporation's defined

contribution plan.

(2) The Corporation shall pay to- the Civil Service Retirement and

Disability Fund- ' (A) such employee deductions and agency contributions as are

required by sections 8334, 8422, and 8423 of title 5, United States

Code, for those employees who elect to retain their coverage under

either CSRS or FERS pursuant to paragraph (1);

411

pnblic Law 109-58 (119 Stat. 790), August 8, 2005, section 633, added new section (8).

'Volume 1, Page 1-226
(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) suchadditional 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 by section 8432 of

title 5, United States Code, for those employees who elect to retain

their coverage under FERS pursuant to paragraph (1). (4) Any employee of the Corporation who was subject to the

Federal Employee Health Benefits Program (referred to in this section

as "FEHBP") on the day immediately preceding the privatization date

and who elects to retain coverage under either CSRS or FERS pursuant

to paragraph (1) shall have the option to receive health benefits from a

health benefit plan established by the Corporation or to continue

without interruption coverage under the FEHBP, in lieu of coverage by

the Corporation's health benefit system. (5) The Corporation shall pay to the Employees Health Benefits

Fund-

(A) such employee deductions and agency contributions as are

required by section 8906(a)-(f) of title 5, 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.

Volume 1, Page 1-227
42 USC 2297h-9.

42 USC 2297h-10.

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

1 (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

purchased from the Russian Executive Agent under the Russian HEU

Agreement. The quantity of such uranium hexafluoride delivered to the

Secretary shall be based on a tails assay of 0.30 U". 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,

Volume 1, Page 1-228
(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 U308 equivalent per year. (3) With respect to all enriched uranium delivered to the United

States Executive Agent under the Russian HEU Agreement on or after

January 1, 1997, the United States Executive Agent shall, upon request of the Russian Executive Agent, enter into an agreement to deliver

concurrently to the Russian Executive Agent an amount of uranium

hexafluoride equivalent to the natural uranium component of such

uranium. An agreement executed pursuant to a request of the Russian

Executive Agent, as contemplated in this paragraph, may pertain to any deliveries due during any period remaining under the Russian HEU

Agreement. The quantity of such uranium hexafluoride delivered to the

Russian Executive Agent shall be based on a tails assay of 0.30 U"2.

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.ý Such uranium hexafluoride may be sold to any person

or entity for delivery and use in the United States only as permitted in

subsections (b)(5), (b)(6) and (b)(7) of this section.

(4) In the event that the Russian Executive Agent does not exercise

its right to enter into an agreement to take delivery of the natural

uranium component of any low-enriched uranium, as contemplated in

paragraph (3), within 90 days of the date such low-enriched uranium is

delivered to the United States Executive Agent; or upon request of the

Russian Executive Agent; then the United States Executive Agent shall

engage an independent entity through a competitive selection process to auction an amount of uranium hexafluoride or U30 8 (in the event

that the conversion component of such hexafluoride has previously been sold),equivalent to the natural uranium component of such

low-enriched uranium. An agreement executed pursuant to a request of

the Russian Executive Agent, as contemplated in this paragraph, may pertain to any deliveries due during any period remaining under the

Russian HEU Agreement. Such independent entity shall sell such ...-uranium hexafluoride in one or more lots to any person or entity to

maximize the proceeds from such sales, for disposition consistent with

the limitations set forth in this subsection. The independent entity shall

pay to the Russian Executive Agent the proceeds of any such auction

less all reasonable transaction and other administrative costs. The

quantity of such uranium hexafluoride auctioned shall be based on a

tails assay of 0.30 U•. 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

Volume 1, Page 1-229
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

(millions lbs. U308

Year: 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

(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 bexafluoride.

(9) The Secretary of Commerce shall have responsibility for the

administration and enforcement of the limitations set forth in this

subsection. The Secretary of Commerce may require any person to

provide any certifications, information, or take any action that may be

necessary to enforce these limitations. The United States Customs

Service shall maintain and provide any information required by the

-Secretary of Commerce and shall take any action requested by the

Secretary of Commerce which is necessary for the administration and

enforcement of the uranium delivery limitations set forth in this

section.

President. (10) The President shall monitor the actions of the United States

Reports. 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

Volume 1, Page 1-230
President.

42 USC 2297h-11.

at the gaseous diffusion plants as a result of the Russian HEU

Agreement.

(c) Transfers to the Corporation.-(l) 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

low-enriched uranium transferred under this subsection in any

calendar year.

(d) Inventory Sales.-(l) 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

highlylenriched 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.

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 byVolume 1, Page 1-231
(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 costsincluding a pro rata

share of any capital costs.

(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

waste) attributable to the operation, decontamination, and decommissioning of any uranium enrichment facility.

SEC. 3114. AVLIS. ' -- : )

42 USC 2297h-12. (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.-

President. (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).

Volume 1, Page 1-232
42 USC 2297h- 13.

Contracts.

(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.-

(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.

I

Volume 1, Page 1-233
U!
ENERGY REORGANIZATION ACT OF 1974

TABLE OF CONTENTS

PAGE 42 USC

Sec.

Sec. 1. Short Title ....................................... 2-3 5801

Sec. 2. Declaration of Purpose ............................. 2-3 5801

TITLE I

ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

Sec. 101. Establishment ..................................... 2-4 5811

Sec. 102. Officers .... ................. 2-4 5812

Sec. 103. Responsibilities of the Administrator ................ 2-5 5813

Sec. 104. Abolition and Transfers ............................. 2-6 5814

Sec. 105. Administrative Provisions ....................... 2-8 5815

Sec. 106. Personnel and Services ............................. 2-8 5816

Sec. 107. Powers ........................................ 2-9 5817

Sec. 108. Repealed ................................ . ....... 2-11

Sec. 109. Future Reorganization ............. ...... 2-13 5819

Sec. 110. Coordination With Environmental Efforts .............. 2-13 5820

Sec. 111. Provisions Applicable to Annual Authorization Acts ..... 2-13 5821

TITLE II

NUCLEAR REGULATORY COMMISSION:

NUCLEAR WHISTLEBLOWER PROTECTION

Sec. 201. Establishment and Transfers ........................ 2-16 5841

Sec. 202. Licensing and Related Regulatory Functions Respecting

Selected Administration Facilities ................ 2-18 5842

Sec. 203. Office of Nuclear Reactor Regulation ............... 2-18 5843

Sec. 204. Office of Nuclear Material Safety and Safeguards ....... 2-19 5845

Sec. 205. Office of Nuclear Regulatory Research .............. 2-20 5845

Sec. 206. Noncompliance .................................. 2-21 5846

Sec. 207. Nuclear Energy Center Site Survey .... ....... 2-21 5847

Sec. 208. Abnormal Occurrence Reports ... 2-22 5848

Sec. 209. Other Officers ............................. 2-22 5849

Sec. 210. Unresolved SafetyIssues Plan ....................... 2-24 5850

Sec. 211. Employee Protection ................ 2.............. 2-24 5851

Sec. 212. Limitation on Legal Fee Reimbursement . . 2-27 5853

TITLE III.

MISCELLANEOUS AND TRANSITIONAL PROVISIONS

Sec. 301. Transitional Provisions ............................ 2-28 5871

Sec. 302. Transfer of Personnel and Other Matters ............... 2-29 5872

Sec. 303. Incidental Dispositions ...... ................ 2-30 5873

Sec. 304. Definitions ..................................... 2-30 5874

Sec. 305. Authorizations of Appropriations .................... 2-30 5875

Sec. 306. Comptroller General Audit ......................... 2-30 2206

Sec.307. Reports ..... ............................. 2-31 5877

Sec. 308. Information to Committees ..................... 2-31 5878

Sec. 309. Transfer of Funds ................................. 2-32 5879

Volume 1, Page 2-1
PAGE 42 USC

Sec.

Sec. 310. Conforming Amendments to Certain Other Laws ........ 2-32

Sec. 311. Separability ..................................... 2-32

Sec. 312. Effective Date and Interim Appointments .............. 2-32

TITLE IV

SEX DISCRIMINATION

Sec. 401. Sex Discrimination Prohibited...................... 2-33

5801

5801

5801

2000d

: ,PRESIDENTIAL DOCUMENTS

PAGE

REORGANIZATION PLAN NO. 3 OF 1970.

Environmental Protection Agency

Sec. 1. Establishment ofAgency ...................... 2-33

Sec. 2. Transfers to Environmental Protection Agency ......... 2-34

Sec. 3. Performance of Transferred Functions ............ .2-36

Sec. 4. IncidentalTransfers .,'.:..,.'.:............2-36

Sec. 5. Interim Officers ........ . . . ........ 2-36

Sec. 6. Abolitions ...................................... 2-36

Sec. 7. Effective Date ....... ...................... 2-37

REORGANIZATION PLAN NO. 1 OF 1980 ....... 2-37

Nuclear Regulatory Commission

EXECUTIVE ORDER 11834 .................. 2-40

Activation of the Energy Research and

Development Administration and the

Nuclear Regulatory Commission.

5 USC I Sec.

App. I

OFFICE OF MANAGEMENT AND BUDGET

Memorandum Re: Responsibility for Setting

Radiation Protection Standards (12/7/73),

PRESIDENT'S COMMISSION ON THE

ACCIDENT AT THREE MILE ISLAND .........

Public Papers of the Presidents of the

United States: Jimmy Carter (12/7/79)

2-41

2-42

Volume 1, Page 2-2
ENERGY REORGANIZATION ACT OF 1974

Public Law 93-438 88 STAT. 1233

Energy

Reorganization Act

of 1974.

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

42 USC 5801 note. The Act may be cited as the "Energy Reorganization Act of 1974".

Sec. 2. Declaration of Purpose

42 USC 5801. (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.

Energy Research (b) The Congress finds that, to best achieve these objectives, improve

and Development Government operations, and assure the coordinated and effective

Administration, development of all energy sources, it is necessary to establish an Energy

establishment. 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

88 Stat. 1233. - activities and its general basic research activities. 7In establishing an

88 Stat. 1234. Energy Research and Development Administration to achieve these

objectives, the Congress intends that all possible sources of energy be

developed consistent with warranted priorities.

Separation of AEC (c) The Congress finds that it is in the public interest that the licensing

licensing and and related regulatory functions of the Atomic Energy Commission be

regulatory separated from the performance of the other functions of the Commission,

functions. 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.

Small business (d) The Congress declares that it is in the public interest and the policy

participation. of Congress that small business concerns be given a reasonable

opportunity to participate, insofar as is possible, fairlyand 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

Volume 1, Page 2-3
the extent practicable, the Administrator shall consult with the

Administrator of the Small Business Administration.

Priorities. (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 IEVELOPMENT

ADMINISTRATION

Sec. 101. Establishment-,

42 USC 5811. 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").

Sec. 102. Officers

42 USC 5812 (a) There shall be at the head of the Administration an Administrator

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.

Deputy (b) There shall be in the Administration a Deputy Administrator, who

Administrator. shall be appointed by the President, by and. with the advice and consent of

the Senate.

88 Stat. 1234. (c) The President shall appoint the Administrator and Deputy

88 Stat. 1235. 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.

Assistant (d) There shall be in the Administration six Assistant Administrators,

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.

General Counsel. (e) There shall be in the Administration a General Counsel who shall

be appointed by the Administrator and who shall serve at the please of and

be removable by the Administrator.

Additional officers. (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.

'This title established the Energy Research and Development Administration. TIe Administration was terminated, and its functions were transferred to the Department of Energy, by the Department of Energy

Organization Act, Public Law 95-91 (91 Stat. 565; 42 USC 7101), enacted August 4, 1977.

Volume 1, Page 2-4
Director of Military (g) The Division of Military Application transferred to and established

Application. 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 be removable

by the Administrator and shall be an active commissioned officer of the

42 USC 2011 note. 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.

International (h) Officers appointed pursuant to this section shall perform such

cooperation. 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.

Order of I(i) The Deputy Administrator (or in'the absence or disability of the

succession. 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:

42 USC 5813. The responsibilities of the Administrator shall include, but not be

limited to88 Stat. 1235. (1) exercising central responsibility for policy planning, coordination,

88 Stat. 1236.. 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

Volume 1, Page 2-5
88 Stat. 1236.

88 Stat. 1237.

42 USC 5814.

Atomic Energy

Commission.

manufacture or development of energy and its efficient extraction,

conversion, transmission, and utilization;

(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;-2 . : I

(8) 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

shall, to the extent practicable, disseminate such information through the

use of mass communications;

(9) 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; -

(10) encouraging and participating in international cooperation in

energy and related environmental research and development;

(11) 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;

(12) encouraging and conducting research and development in clean

and renewable energy sources.

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

2

Public Law 95-39 (91 Stat. 200) (1977), section 510(a), amended section 103 by redesignating

paragraphs (7) through (11) as paragraphs (8) through (12). respectively, and inserted a new paragraph (7).

Volume 1, Page 2-6
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.

Interior Department (e) There are hereby transferred to and vested in the Administrator

functions. such functions of the Secretary of the Interior, the Department of the

Interior, and officers and components of such department-

(1) as relate to or are utilized by the Office of Coal Research

established pursuant to the Act of July 1, 1960W;

(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.

88 Stat. 1238. The Administrator shall conduct a study of the potential energy

Helium applications of helium and, within six months from the date of the

applications study. enactment of this Act, report to the President and Congress his

Report to President recommendations concerning the management of the Federal helium

and Congress. programs, as they relate to energy. ' !

National Science (f) There are hereby transferred to and vested in the Administrator

Foundation such functions of the National Science Foundation as relate to or are

functions. utilized in connection with- I

(1) solar heating and cooling development; and

(2) geothermal power development.

Environmental (g) There are herebytransferred to and vested in the Administrator.,

Protection Agency 1 such functions of the Environmental Protection Agency and the officers

functions. 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

Jsystems.

(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.

Use of other.- (i) In the exercise of his responsibilities under section 103, the

agencies':, --,, Administrator shall utilize, with their consent, to the fullest extent he

capabilities. 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

1research and development as appropriate.- In making such assignments

under this subsection, the head of each such agency shall insure that374 Stat. 336; 30 USC 661-668.

Volume 1, Page 2-7
(1) such assignments shall be in addition to and not detract from

the basic mission responsibilities of the agency, and

(2) such assignments shall be carried out under such guidance as

the Administrator deems appropriate.

Sec. 105. Administrative Provisions -

42 USC 5815. (a) The Administrator is authorized to prescribe such policies,

Regulations. 'standards, criteria, procedures; rules, and regulations as he may deem to be

necessary or appropriate to perform functions now or hereafter vested in

him.

Policy planning (b) The Administrator shall engage in such policy planning, and

and evaluation. 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. . Delegation of (c) Except as otherwise expressly provided by law, the Administrator

functions. may delegate'any of his functions to suchofficers 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.

Organization. (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.

Field offices. (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.

88 Stat. 1239. (f) The Administrator shall cause a seal of office to be made for the

Seal. Administration of such device as he shall approve, and judicial notice shall

be taken of such seal.

Working capital (g) The Administrator is authorized to establish a working capital fund,

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.

Information from (h) Each department, agency, and instrumentality of the executive

other agencies. 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

42 USC 5816.- :,. (a) The Administrator is authorized to select, appoint, employ, and fix

Appointment and the compensation of such officers and employees, including attorneys,

pay. pursuant to section 161d. of the Atomic Energy Act of 1954, as amended

Volume I, Page 2-8
(42 USC 2201(d)) as are necessary to perform the functions now or

hereafter vested in him and to prescribe their functions.4

Experts and (b) The Administrator is authorized to obtain services as provided by

consultants. section 3109 of title 5 of the United States Code.

Military personnel. (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. Transportation and (e) The Administrator is authorized to pay transportation expenses, and

per diem. 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.

88 Stat. 1240. (f) The Administrator is authorized to utilize, on a reimbursable basis,

Personnel of other the services of any personnel made available by any department, agency,

agencies. or instrumentality, including any independent agency of the Government.

5 USC App. I. - (g) The Administrator is authorized to establish advisory boards, in

Advisory boards. accordance with the provisions of the Federal Advisory Committee Act

(Public Law 92463), to advise with and make recommendations to the

Administrator on legislation, policies, administration, research, and other

matters.

Noncitizens. (h) The Administrator is authorized to6 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

42 USC 5817. (a),The Administrator is authorized to exercise his powers in such

Research and manner as to insure the continued conduct ofresearch and development

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,

Contracts, etc. 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, includingparticipation in joint or

cooperative projects of a research, development, or experimental nature;

to make payments (in lump sum or installments, and in advance or by way

'Sec. 5816a. [Repealed]. This section (Act June 3, 1,977, Public Law 95-39, title M, section 308, 91 Stat.

189; October 19, 1980, Public Law 96-470, title II, section 203(d), 94 Stat. 2243) was repealed by Act

February 10, 1996, Public Law 104-106, Div.'D, title XLIl, Subtitle A, section 4304(bX7), 110 Stat. 664

(effective and applicable as provided by section 4401 of such Act, which appears as 41 USCS section 251

note). It provided for financial statements of Department officers and employees.

Volume 1, Page 2-9
42 USC 2011 note.

5 USC App. 11.

40 USC 601 note.

Facilities and real

property.

Services for

employees at

remote locations.

88 Stat. 1241.

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 Actof 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.

Volume 1, Page 2-10
Acquisition of (d) The Administrator is authorized to acquire any of the following

copyrights, patents, described rights if the property acquired thereby is for use in, or is useful

etc. to, the performance of functions vested in him"

(1) Copyrights, patents, and applications for patents, designs,

processes, specifications,r and data...

(2) Licenses under copyrights, patents, and applicants for patents.

(3) Releases, before suit is brought, for past infringement of

patents or copyrights.

Dissemination of (e) Subject to the provisions of chapter 12 of the Atomic Energy Act of

information. .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.

Gifts and bequests. (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.

1See.08. (Repealed) (Repealed)

"Public Law 95-91 (91 Stat. 608) (1977), repealed section 108, which 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-- - (lyinsure 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

im•plementation 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 1)

(3) advise the President in the preparation of the reorganization recommendations required by section 110

of this Act; and (See H.

.(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) a n (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- , , . _ 1 1

, -,(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

(continued...)

Volume 1, Page 2-11
3(..continued)

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; I I \-

(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;

(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 (cXl) 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 (bX4) 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)

(1) P.L. 94-385 (90 Stat. 1140) (1976) section 162(aXl) amended section 108(bX2) by striking out "and"

at the end of the paragraph. (11) Public Law 94-385 (90 Stat. 1140) (1976) section 162 (aX2) amended section 108(b)(3) by striking out

the period at the end of paragraph and inserting ";and".

(RI) Public Law 95-39 (91 Stat. 200) (1977) section 510(b) inadvertently duplicated the paragraph number

(4). (See IV) [This section also duplicated instructions in I and 1H].

(IV) Public Law 94-385 (90 Stat. 1140) (1976) section 162(a)(3) amended section 108(b) by adding a new paragraph (4): [There is no paragraph (5) in the original subsection (b)].

(V) Public Law 94-385 (90 Stat. 1141) (1976) section 162(b) amended section 108 by re-designating

subsections (c) and (d) as subsections (d) and (e), respectively;, and added a new subsection (c). ,

(Vi) Public Law 95-39 (91 Stat. 200) (1977) section 510(c) inadvertently duplicated the subsection letter

(e). (See V)

(VII) Public Law 94-385 (90 Stat. 1142X1976) section 163 amended section 108(e) by striking out "two

years after such effective date," and inserting "not later than September 30, 1977".

Volume 1, Page 2-12
Sec. 109. Future Reorganization

42 USC 5819. (a) The President shall transmit to the Congress as promptly as

Report to Congress. 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. Ante, p. 109. (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

42 USC 5820. 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 Acts

42 USC 2017. (a) All appropriations made to the Energy research and Development 42 USC 582 1. 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, ý, 42 USC 5915. provisions of this section shall apply with respect to appropriations made

Post, p.81. pursuant to the Act providing such authorization (hereinafter in this

section referred to as "annual authorization Acts"). Operating (b)(1) Funds appropriated pursuant to an annual authorization Act for

expenses. "Operating expenses" may be used forappropriations. (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. - - : ., . - Report to - No such funds shall be used under this subsection for the acquisition of

congressional land. Fee title to all such facilities and items of equipment shall be vested committees. 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.

Volume 1, Page 2-13
Expenditure

limitations.

Report to

congressional

committees.

Limitation.

Report, transmittal

to congressional

committees.

Notice.

Report, transmittal

to congressional

committees. Notice.

(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, unlesssuch 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 itenf

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 I 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.

(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

S(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 . I 1 - 1 '

(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

Volume 1, Page 2-14
Funds me

limitation

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 t ransmitted 1 to the Administratorwritten 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 forthose categories.

rger, (e) Subject to the applicable requirements and limitations of this

's. gection 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." (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.

ion (g) The Administrator is authorized to perform construction design tices,. 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.. the " (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

:11955 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

1 98h;.30USC7);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.

Construct

design set

Volume 1, Page 2-15
Funds trans

42 USC 584

Members ai

Chairman.

88 Stat. 124

Seal.

Commission

Chairman,

functions.

ferT (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.'

TITLE II- NUCLEAR REGULATORY COMMISSION;

NUCLEAR WHISTLEBLOWER PROTECTION

Sec. 201. Establishment and Transfers

41. (a)(I)7 ' There is established an independent regulatory commission to

nd 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.

3. . 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.

n ý(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

I note. 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

42 USC 58(

6 'Public Law 95-238 (92 Stat. 56X1978), section 201 added section 11-; as amended, Public Law 103-437,

section 15(c)(7), (108 Stat. 4592), November Z 1994. -

'New title ;- P.L 102-486 (106 Stat. 3124); October 24, 1992.

'Public Law 94-79 (89 Stat. 413X1975), section 201 added "(1)" immediately after section 201.(a).

ý Volume 1, Page 2-16
42 USC 5841.

Term of Office.

Submission of

appointments to

Senate.

Transfer of AEC

functions and

personnel

Additional

transfers.

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. 9

(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."0

(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

7and 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.'

rPublic Law 94-79 (89 Stat. 413X1975). Section 201 amended subsection 20 1(a) by adding new

subparagraphs (2) through (5).

'OPublic Law 94-79 (89 Stat. 413)(1975), sections 202 and 203, amended subsection 201(c). Prior to

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 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.

Volume 1, Page 2-17
(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;

88 Stat. 1244. (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.".

Sec. 202. Licensing and Related Regulatory Functions Respecting

Selected Administration Facilities

42 USC Notwithstanding the exclusions provided for in section 110 a. or any

2071-2112. other provisions of the Atomic Energy Act of 1954, as amended (42 USC

42 USC 2140(a)), the Nuclear Regulatory Commission shall, except as otherwise

2131-2140. specifically provided by section 110 b. of the Atomic Energy Act of 1954,

42 USC 5842. 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 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

high-level radioactive wastessresulting 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. ' ý (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. 1 -

Sec. 203. Office of Nuclear Reactor Regulation 42 USC 5843. (a) There is hereby established in the Commission an Office of Nuclear

Director. Reactor Regulation under the direction of a Director of Nuclear Reactor

Establishment. 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 pleasureWof and be removable by the Commission.

"Public Law 95-209,(91 Stat. 1482) (1977), section 2, added a new subsection h, which was subsequently

deleted by Public Law 99-386 (100 Stat. 822X1986). . ."As amended PublicLaw 105-261, Div. C, title XXXI, Subtitle C, section 3134(a), Oct. 17,1998, 112

Stat. 2247.) 1 w,

Volume 1, Page 2-18
Functions.

42 Usc 2011 note.

88 Stat. 1245.

42 USC 5845. -

Director. : ,

Establishment.

Functions.:

42 USC 2011 note.

(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. :

(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 fordealing 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;

Volume 1, Page 2-19

f
Report to Congress. (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.

88 StaL 1246., (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

42 USC 5845. 1..(a) There is hereby established in the Commission an Office of Nuclear

Director. " Regulatory Research under the direction of a Director of Nuclear

Establishment. 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.

Functions. (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.

Cooperation of (c) The Administrator of the Administration and the head of every

Federal agencies. 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;

(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. ... I

Information and (e) Each Federal agency, subject to the provisions of existing law, shall

research services. 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.

Volume 1, Page 2-20
42 USC 5s

Improved

Systems R

Long-term

developnm

42 USC 21

42 USC 58

88 Stat. 1

42 USC 2

Penalty.

42 USC 2(

Posting of

requiremel

Enforceme

42 USC 51

Federal-St

cooperatio

Solicitatior

views.

Definition:

845, (f) The Commission shall develop a long-term plan for projects for the

Safety development of new or improved safety systems for nuclear power

esearch plants.' 3

plan Sec. 206. Noncompliance

ent. (a) Any individual director, or responsible officer of a firm

011 note. constructing, owning, operating, or supplying the components of any

846. 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

w _amended, or any applicable rule, regulation, order, or license of the

Commission relating to substantial safety hazards, or

247. . (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. ': I ý - m

282. (b) Anyperson 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.:

01 I note. (c) The requirements of this section shall be prominently posted on the

premises of any facility licensed or otherwise regulated pursuant to the

nts. Atomic Energy Act of 1954, as amended.

nt. (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

W47. (a)(1) The Commission is authorized and directed to make or cause to

ate-local be made under its direction, a national survey, which shall include

n consideration of each of the existing or future electric reliability regions,

or other appropriate regional areas, to locate and identify possible nuclear

n of energy center sites. This survey shall be conducted in cooperation with

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

"Public Law 95-209 (91 Stat. 1482)(1977), section 4, added a new subsection f.

Volume 1, Page 2-21
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.

Report to Congress (4) A report of the results of the survey shall be published and

and Council on -transmitted tothe Congress and the Council on Environmental Quality

Environmental not later than one year from the date of the enactment of this Act and

Quality; public shall be made available to the public, and shall be updated from time

availability., 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

ý. ' power reactors and/or other elements of the nuclear fuel cycle or

nuclear energy center sites. The Commission is authorized to adopt

88 Stat. 1248.- 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

42 USC 5848. " The Commission shall submit to the Congress an annual report listing

Reports to for the previous fiscal year any abnormal occurrences at or associated with

Congress. lany facility which is licensed or otherwise regulated pursuant to the

42 USC 2011 note. Atomic Energy Act of 1954 as amended, or pursuant to this Act. For the

purposes of this section an abnormal occurrence is an unscheduled

incidentvor 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

(4) any action taken to prevent reoccurrence;

Public the Commission shall also provide as wide dissemination to the public of

dissemination of, the information specified in clauses (1) and (2) of this section as

information... 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.14

Sec. 209. Other Officers

42 USC 5849. - : (a). The Commission shall appoint an Executive Director for

Executive Director. Operations, who shall serve at the pleasure of and be removable by the

- ,Commission.

Functions.. (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

"

4Public Law 104-66, title ISubtitle Q, section 2171, (109 Stat. 731); December 21, 1995.

Volume 1, Page 2-22
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. Not withstanding 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.

Equal employment : (c) The Executive Director shall report to the Commission at

opportunity, report. semiannual public meetings on the problems, progress, and status of the

.Commission's equal employment opportunity efforts."6

Annual status (d) The ExecutiveDirector shall prepare and forward to the

report. 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

Report to Congress. '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 l'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."

42 USC 5877. ý ý (e)8 There shall be in the Commission not more than five additional

Other officers. officers-appointed y the Commission. The positions of such officers shall

be considered career positions and be subject to subsection 161 d. of the

Atomic energy Act.

1

5

Public Law 95-601 (92 Stat. 2949) (1978) secti on 4(a) amended subsection 209(b) by adding the last

sentence.

"Public Law 95-601 (92 Stat. 2949X(1978), section 4(b) amended subsection 209(c) by adding a new subsection (c) and redesignated existing subsection (c) accordingly. Existing subsection (c) was re-designated as subsection (e) because this law also added a new subsection (d). 1

7

Public Law 95-601 (92 Stat. 2949X1978)" section 6 added subsection 209(d). Note: As a result of Public

Law 104-66, section 3003, (109 Stat. 734), December 21, 95, "ceased to be effective" on December 21,

1999.

'Public Law 95-601 (92 Stat. 2949X1978). section 4(b) amended subsection 209(c) by adding a new

subsection (c) and redesignated existing subsection (c) accordingly. Existing subsection (c) was redesignated as subsectioin (e) because this law also added a new subsection (d).

Volume 1, Page 2-23
42 USC 5850.

Progress reports.

Submittal to

Congress.:

42 USC 5851.

42 USC 2011 note.

Sec. 210. Unresolved Safety Issues Plan , , '

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& Suchplans 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.'

Sec. 211. Employee Protection (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 ýet 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; - i -

(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 administratiorr 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

1

9Public Law 95-209(91 Stat. 1482X1977), section 3, added section 210.ý

"New section 211 added by P.L 102-486 (106 Stat 3123); October 24, 1992.

Volume 1, Page 2-24
Complaint, filing

and notification.

Investigation and

notification.

Order.

Notice and hearing.

Settlement.

Relief.

(G) the Department of Energy.2' I

(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.

(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 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 ofthe 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.

21

Public Law 109-58 (119 Stat. 785), August 8, 2005; section 629 added new sections (E), (F) and (G).

Volume 1, Page 2-25
(B) Notwithstanding a finding by the Secretary that the

complainant hasmade 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

would have taken the same unfavorable personnel action in the

absence of such behavior.

Review. (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.

5 USC 701 et seq. Review shall conform to chapter 7 of title 5 of the United States Code.

The commencement of proceedings under this subparagraph shall not,

unless ordered 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.

Jurisdiction. (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)(l) 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.

Litigative costs. (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.

42 USC 2011. (g) Subsection (a) shall not apply with respect to any employee who,

acting without direction from his or her employer (or the employer's

Volume 1, Page 2-26
agent), deliberitely causes a violation of any requirement of this Act or of

the Atomic Energy Act of 1954, as amended.'

(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 employeragainst the employee.' ý I (i) The provisions of this section shall be prominently posted in any

place of employment to which this section applies.'ý " S(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..

(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) If the Secretary has not issued a final decision within I year

Deadline. 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, sueh 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.-3

Sec. 212. Limitation on Legal Fee Reimbursement

42 USC 5853. 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

e xpenses , incurred with respect to I 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.2 .

2Public Law 95-601 (92 Stat. 2951) (1978), section 10, duplicated the section numbered 210.

'Public Law 109-58 (119 Stat. 785), August 8, 2005, section 629(b), added new section (4).

'Public Law 109-58 (119 Stat. 784), August 8, 2005, section 627, added new section 212.

Volume 1, Page 2-27
42 USC 5871.

Lapses of agencies

and positions.

88 Stat. 1249.

Savings clauses.

TITLE Ill-MISCELLANEOUS AND TRANSITIONAL

PROVISIONS

Sec. 30t.' Transitional Provisions

(a) Except as otherwise provided in this Act, whenever all of the

functions orprograms of an agency, orother 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 be come

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,

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 (M)--

(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

judgements 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

Volume 1, Page 2-28
88 Stat. 1250.

42 USC 5872.

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 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

1- (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

Volume 1, Page 2-29
42 USC

88 Stat.

42 USC

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 newposition at not less than the

rate provided for his previous position.,

Sec. 303. Incidental Dispositions

'5873. The Director of the Office of Management and Budget is authorized to

1251. 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 Act5874. (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

(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

5875. o (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 otherregulation of the nuclear power

industry in relation to the growth of such industry.

Sec. 306. Comptroller General Audit:

2206. (a) Section 166. "Comptroller General Audit" of the Atomic Energy

5876. Act of 1954, as amended, shall be deemed to be applicable, respectively, 1234, to the nuclear and nonnuclear activities under title I and to the activities

under title II.

o Congress. (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'rthe 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;,,;

42 USC

42 USC

42 USC.

Ante, pp

1242.

Report ti

Volume 1, Page 2-30
(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 IH.

Sec. 307. Reports2-

42 USC 5877.- (a) The Administrator shall, as soon as practicable after the end of

Administration each fiscal year, make a report to the President for submission to the

activities and Congress on the activities of the Administration during the preceding

progress. fiscal year, Such report shall include a statement of the short-range and

Reports to the long-range goals, priorities, and plans of the Administration together with

President and an assessment of the progress made toward the attainment of objectives

Congress. and toward the more effective and efficient management of the

Administration and the coordination of its functions. . "

88 Stat. 1252. (b) During the first year of operation of the Administration, the

Feasibility of Administrator, in collaboration with the Secretary of Defense, shall

transferuing conduct a thorough review of the desirability and feasibility of transferring

military application to the Department of Defense or other Federal agencies the functions of

functions. -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.

Commission r (c) The Commission shall, as soon as practicable after the end of each

activities and fiscal year, make a report to the President for submission to the Congress

findings, on the activities of the Commission during the preceding fiscal year. Such

report shall include a clear statement of the short-range and long-range

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 ofthe Commission's activities and

findings in the following areas- -

- - :- (I) insuring the.safe design of nuclear power plants and other

licensed facilities; ,. - -

(2) investigating abnormal occurrences and defects in nuclear

powerplants 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;: - .-. , ,I

; .(5) insuring thesafe, 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 - .

42 USC 5878. The Administrator shall keep the appropriate congressional

committees fully and currently informed with respect to all of the

... - Administration's activities. , -

2The requirments of this section are included in the reporting provisions under section 657 of the

Department of Energy Reorganization Act. (Public Law 95-91) (42 USC 7267).'

Volume 1, Page 2-31
42 USC 5879.

88 Stat. 1253.-

42 usc 5801 note.

42 USC 5801 note.

Publication in

Federal Register.

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 11 (relating to Executive Schedule pay rates) of chapter 53

of title 5, United States Code, is amended as follows: ' . I

(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 atthe end thereof the

following: . (22) Administrator of Energy Research and Development

Administration.

(2) Section 5314 is amended bylstriking 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: 1 , . I

(100) Assistant Administrator, Energy Research and Development

Administration (6).

(101) Director of Nuclear Reactor Regulation, Nuclear Regulatory

Commission.

. ý (102) Director of Nuclear Material Safety and Safeguards, Nuclear

Regulatory Commission.

.(103) Director of Nuclear Regulatory Research, Nuclear Regulatory

Commission. (104) Executive Director for Operations, Nuclear Regulatory

Commission.

1 (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).

,See. 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

Volume 1, Page 2-32
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

discriminatee.

PRESIDENTIAL DOCUMENTS

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. 7

42 USC 2000d.

42 USC 589 1.

88 Stat. 1254.

5 USC App. 1.

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

"Effective December 2. 1970, under the provisions of section 7 of the plan.

17his 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 enating this Reorganization Plan in Public Law 98-614.

Volume 1, Page 2-33
compensated at the rate now or hereafter provided for Level II of the

Executive SchedulePay 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 131 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 tothe 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 United

States), and (ii) the functions vested by law in the Secretary of the

Interior andthe 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 bylaw 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 theý following

components thereof:

(i) The National Air Pollution Control Administration,

.(ii)The Environmental Control1Administration

(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 Bureaiu pertain to (A) regulation of radiation from consumer

products,-'including electronic product radiation, (B) radiation as used in

ýVolume 1, Page 2-34
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

ý;.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

xeferred 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)).

Volume 1, Page 2-35
(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 ordesignating 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 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).

Volume 1, Page 2-36
.(2) The Federal Radiation Council (73 Stat. 690; 42 USC 2021(h)).

(b) r 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.

REORGANIZATION PLAN NO. 1 OF 1980

5 USC App. I Prepared by the President and submitted to the Senate and the House

of Representatives in Congress assembled March 27, 1980,28 pursuant to

the provisions of chapter 9 of title 5 of the United, States Code.29

Nuclear Regulatory Commission

Sec. 1. (a) Those functions of the Nuclear Regulatory Commission,

i -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, ýin 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 functionsmay 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 ora 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.

28As amended May 5, 1980. 2 7This Reorganization Plan was originally approved under special Congressional procedures; the Supreme

Court decision in Immigration & Naturalizdtion Service vsi Chadha (462 US 919 (1983)) called into question

the legality of this plan. Congress responded by enacting this Reorganization Plan in Public Law 98-614.

Volume 1, Page 2-37
(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.

(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 Public 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-shallact as provided by subsection 201(a)(1) of

the Energy Reorganization Act of 1974, as amended (42 USC 5841 (a)(1),

as amended) in theperformance 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 I 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 tothe 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)

'Volume 1, Page 2-38
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

i(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 I 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

C"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 authorityunider 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

Volume 1, Page 2-39
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.

I (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

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..

EXECUTIVE ORDER 11834

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. Pursuanttosection 3 12(a) of ihe Energy Reorganization Act of

1974, 1 hereby prescribe January 19r, 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.'

3045 FR 40561.

Volume 1, Page 2-40
OFFICE OF MANAGEMENT AND BUDGET

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 rajor impact upon standards for facilities set

by AEC through EPA's review of proposed standards, during which EPA

Volume 1, Page 2-41
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.

PRESIDENT'S COMMISSION ON THE ACCIDENT AT

THREE MILE ISLAND (12/7n9)

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

powerplants 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

, Volume I, Page 2-42
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

Srequirements in place and to implement better procedures. The Chairman

Smust be able toselect 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. : ýý- %I. : .: - • .'In addition, I will establish an independentadvisory 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 powervwill 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 were44 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 technicallyqualified 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

Volume 1, Page 2-43
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

powerplants 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 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-by-case 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.

Volume 1, Page 2-44
LOW-LEVEL RADIOACTIVE WASTE POLICY ACT, AMENDED

TABLE OF CONTENTS'

PAGE 42 USC Sec.

TITLE 

I

LOW-LEVEL RADIOACTIVE WASTE POLICY

AMENDMENTS ACT OF 1985

Sec. 101. Short Title....... .......... 3-2 2021b

Sec. 102. Amendment to the Low-Level Radioactive Waste Policy Act ............................... .... ..... 3-2 202lb-d

Sec. 1. Short Title. ................................. 3-2 2021b

Sec. 2. Definitions.. ........................ ...... 3-2 2021b

Sec. 3. Responsibilities for Disposal of Low-Level Radioactive

Waste ................................. 3-3 2021c

Sec. 4. Regional Compacts for Disposal of Low-Level

Radioactive Waste ................. ............. 3-5 2021d

Sec. 5. Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods ..... 3-6 2021e

Sec. 6. Emergency Access ............................. 3-16 202 If

Sec. 7. Responsibilities of the Department of Energy ........... 3-18 2021g Sec. 8. Alternative Disposal Methods ................... 3-18 2021h

Sec. 9. Licensing Review and Approval ...................... 3-19 2021i

Sec. 10. Radioactive Waste Below Regulatory Concern......... 3-19

LOW-LEVEL RADIOACTIVE WASTE POLICY ACT [19801 Sec. 1. Short Title. .............................. ........ 3-20 2021b

Sec. 2. Definitions. ............. 3-20 2021b

Sec. 3. General Provisions ........ .................. 3-20 2021c

Sec. 4. Low-Level Radioactive Waste Disposal. ....* .... 3-21 ',2021d

Volume 1, Page 3-1
LOW-LEVEL RADIOACTIVE WASTE POLICY ACT,

AMENDED

Public Law 99-240 99 Stat. 1842

Low-Level

Radioactive Waste

Policy

Amendments Act

of 1985.

State and local

governments.

42 USC 202 1b

note.

42 USC

2021b-202Jd.; :

42 USC 202 l b

note.

42 USC 202 1 b

note.,

42 USC 2021b.-

January 15,1986

An Act

To amend the Low-Level Radioactive, Waste Policy Act to improve

procedures for the implementationof compacts providing for the

establishment and operation of regional disposal facilities for low-level

radioactive waste; to grant the consent of the Congress to certain

interstate compacts on low-level radioactive waste; and for other

purposes.'

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 titleý 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."i ..

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 103

or 104b. of the Atomic Energy Act of 1954 (42 USC 2133 or 2134(b)).

'NOTE: Public Law 96-573, "Low-Level Radioactive Waste Policy Act," (94 Stat. 3347); Dec. 22, 1980

was amended by Public Law 99-240. The text of Public Law 96-573 is printed at the end of Public

Law 99-240.

Volume 1, Page 3-2
(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.

i, ý _(6) Compact Region.-The term "compact region" means the area

consisting of all States that are members of a compact.

(7) Disposal.-The term "disposal" means the permanent isolation

of low-level radioactive waste pursuant to the requirements established

by the Nuclear Regulatory Commission under applicable laws, or by

an agreement State if such isolation occurs in such agreement State.

(8) Generate.-The term "generate", when used in relation to

low-level radioactive waste, means to produce low-level radioactive

waste. .

(9) Low-level Radioactive Waste.-

(A) IN GENERAL-The term "low-level radioactive waste"

means radioactive material that-

(i) is not high-level radioactive waste, spent nuclear fuel, or

byproduct material. (as defined in section 1 le.(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 I le. Of the Atomic Energy Act of 1954 (42 USC

12014(e)).",

(10) Non-sited Compact Region.-The term "non-sited compact --region" meansanycompact region that is not a sited compact region. "(11) Regional Disposal Facility.-Theterm "regional disposal

facility" means a non-Federal low-level radioactive waste disposal

facility in operation on January 1, 1985, or subsequently established

F .and operated under a compact.

(•12) Secretary.-The term "Secretary" means the Secretary of

Energy.,"

Nevada. (13) Sited Compact Region.-,

South Carolina. The term "sited compact region" means a compact region in which

Washington. _Athere 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. a

(14) State.-4ihe term "State" means any State of the United States,

theDistrict of Columbia, and theCommonwealth of Puerto Rico.

Sec. 3. Responsibilities For Disposal Of Low-level Radioactive Waste.

42 USC-2021c., ý.Section 3(a)(1) State Responsibilities.-Each State shall be responsible

for providing, either by itself or' in cooperation with other States, for the

(A) low-level radioactive waste generated within the State

4 (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

2

Public Law 109-58 (119 Stat. 808), Title VI, section 651(eX3)(B), August 8, 2005: redesignated

subparagraphs (A) and (B) as clauses (i) and (ii), respectively.

Volume 1, Page 3-3
Vessels.

Research and

development.

Post, pp. 1846,

1855.

Vessels.

Health.

Research and

development.

42 USC 2011 note.

Safety.

Report.

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- J

.(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)(l) The Federal Government shall be responsible for the disposal

of-

(A) low-level radioactive waste owned or generated by the

Department of Energy; - t

(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 thatexceed 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. ' . " r 

(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

includeVolume 1, Page 3-4
Prohibition.

Report.

42 USC 2021d.

Ante, p. 1843.

Prohibition.

Prohibition.

(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;

f (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)(l)(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.

Volume 1, Page 3-5
Prohibition. (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 StateRegulations. (A) to regulate the'packaging, generation, treatment, storage,

Transportation. 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;

Health. (B) to regulate health, safety, or environmental hazards from

Pollution.- source material,-byproduct material, or special nuclear material;

Safety.. 1 1 • (C) to inspect the facilities of licensees of the Nuclear

Regulatory Commission; .

Government (D) to inspect security areas or operations at the site of the

organization and generation of any low-level radioactive waste by the Federal

employees. Government, or to inspect'classified information related to such

areas or operations; or

28 USC 267 et seq. (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.

Prohibition. (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. , Prohibition. .1- (5) State Authority Preserved.-

Except as expressly provided in this Act, nothing contained in this Act

expands, diminishes, or otherwise affects State law.

Prohibition. (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.

42 USC 2021e. (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).

- Volume 1, Page 3-6
(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), 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

low-level radioactive waste pursuant to this subparagraph, each

such State shall, in accordance with any applicable procedures of

its compact, permit, as necessary, the disposal of additional

q•antities of such waste in inciements of 10 per centum of the

average annual volume for each such facility designated in

subsection (b).

Prohibition. (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).

Prohibition. (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. i labi i .. o 

(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

Volume 1, Page 3-7
based on an average annual volume of 1,200,000 cubic feet of

low-level radioactive waste).

(2) Richland, Washington.-The State of Washington, in

accordance with the provisions of its compact, may limit the volume of

low-level radioactive waste accepted for disposal at the regional

disposal facility located at Richland, Washington to a total of

9,800,000 cubic feet of low-level radioactivewaste during the 7-year

period beginning January 1, 1986, and ending December 31, 1992 (as

based on an average annual volume of 1,400,000 cubic feet of

low-level radioactive waste).

(3) Beatty, Nevada.-The State of Nevada, in accordance with the

provisions of its compact, may limit the volume of low-level

radioactive waste accepted for disposal a the regional disposal facility

located at Beatty, Nevada to a total of 1,400,000 cubic feet of

low-level radioactive waste during the 7-year period beginning

January 1, 1986, and ending December 31, 1992 (as based on an

average annual volume of 200,000 cubic feet of low-level radioactive

waste).

*(c) Commercial Nuclear Power Reactor Allocations.-

(1) Amount.-Subject to the provisions of subsections (a) through

(g) 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).

4-year Licensing Period 3-year Licensing Period

Reactor

Type In Sited All Other In Sited All Other

Region Locations Region Locations

PWR 1027 871 934 685

BWR 2300 1951 2091 1533

(2), Method Of Calculation.-For purposes of calculating the

aggregate amount of disposal capacity available to a commercial

nuclear power reactor under this subsection, the number of months

shall be computed beginning with the first month of the applicable

period, or the sixteenth month after receipt of a full power operating

license, whichever occurs later.

(3) Unused Allocations.-Any unused allocation under paragraph

(1) received by a reactor during the transition period or the licensing

period may be used at any lime 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

Volume 1, Page 3-8
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.-

(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.

Prohibition. .I (B) The Secretary may notmake allocations pursuant to

subparagraph (A) that would result in the acceptance for disposal

of more than 800,000 cubic feet of low-level radioactive waste or

would result in the total of the allocations made pursuant to this

subsection exceeding 11,900,000 cubic feet over the entire

seven-year interim access period.

Prohibition. (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.

Prohibition. .(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 subsection (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 receivedin 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- ,

Volume 1, Page 3-9
(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.-::

Ante, p. 1842. : (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

with subparagraph (D) if the -milestone described in subsection (e)(l)(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 Januaiy 1, 1988 and ending December 31,

1989, and transferred to the Secretaryunder 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

Volume 1, Page 3-10
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

tinder paragraph (1) for low-level radioactive waste disposed of

under this section during the period beginning January 1, 1990

and ending December 31, 1992 shall be repaid, with interest, to

each generator from whom such surcharge was collected.

Repayments made pursuant to this clause shall be made on a

monthly basis, with the first such repayment beginning on

February 1, 1993, in an amount equal to one thirty-sixth of the

-total amount required to be repaid pursuant to this clause, and

shall continue until.the State (or, where applicable, compact

region) in which such low-level radioactive waste 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 (BXiv). 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 , I, 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.

3'he United States Supreme Court struck down this provision because it was unconditional. (N. Y vs. United States 112 S. Ct. 2408 (June 19, 1992)).

Volume 1, Page 3-11
(E) Uses Of Payments.-

(i) Limitations.-Any amount paid under subparagraphs (B)

or (C) may only be used to-

(I) establish low-level radioactive waste disposal

facilities;

(II) mitigate the impact of low-level radioactive waste

disposal facilities on the host State;

(III) regulate low-level radioactive waste disposal

facilities; or

(IV) ensure the decommissioning, closure, and care

during the period of institutional control of low-level

radioactive waste disposal facilities.

(ii) Reports.-

(I) Recipient.-Any State or. compact commission

receiving a payment under subparagraphs (B) or (C) shall,

on December 31 of each year in which any such funds are

expended, submit a report to the Department of Energy

itemizing any such expenditures.

Reports. (II) Department Of Energy.-Not later than six months

after receiving the reports under subclause (1), 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 ek-row 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.

Prohibition. (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

Non-member States.-Each non-sited compact region, or State that is

not a member of a compact region that does not have an operating

disposal facility, shall comply with the following requirements:

(A) By July 1, 1986, each such non-member State shall ratify

compact legislation or, by the enactment of- legislation or the

certification of the Governor, indicate its intent to develop a site for

the location of a low-level radioactive waste disposal facility within

such State.

(B) By January 1, 1988.- (i) each non-sited compact region shall identify the State in

which its low-level radioactive waste disposal facility is to be

located, or shall have selected the developer for such facility

and the site to be developed, and each compact region or the

State in which its low-level radioactive waste disposal facility is

to be located shall develop a siting plan for such facility '

providing detailed procedures and a schedule for establishing a

Volume 1, Page 3-12
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 practicable, the

process for (1) screening for broad siting areas; (2) identifying

and evaluating specific candidate sites; and (3) characterizing

the preferred site(s), completing all necessary environmental

assessments, and preparing a license application for submission

to the Nuclear Regulatory Commission or an Agreement State.

(C) By January 1, 1990.- - (i) a complete application (as determined by the Nuclear

Regulatory Commission or the appropriate agency of an

agreement State) shall be filed for a license to operate a

low-level radioactive waste disposal facility within each

non-sited compact region or within each non-member State; or

(ii) the Governor (or, for any State without a Governor, the

chief executive officer) of any State that is not a member of a

compact region in compliance with clause (i), or has not

complied with such clause by its own actions, shall provide a

written certification to the'Nuclear Regulatory Commission, -,that such State will be capable of providing for, and will

provide for, the storage, disposal, or management of any

-low-level radioactive waste generated within such State and

requiring disposal after December31, 1992, and include a

description of the actions that will be taken to ensure that such

capacity exists.

(D) By January 1, 1992, a complete application (as determined

by the Nuclear Regulatory Commission or the appropriate agency of an agreement State) shall be filed for a license to operate a

low-level radioactive waste disposal facility within each non-sited

compactregion 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

Federal Register,

publication.

Contracts.

Volume 1, Page 3-13
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-

(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

non-member 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).

Prohibition. (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.

Termination. (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 authorityVolume 1, Page 3-14
(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- ,..•,: c.' .

... .(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

S ., -. .. '.. ,subsection (e)(1).'. ..

S- • ,(2) Availability Of Information During Interim Access Period.-

Nevada. . (A) The States of South Carolina,'Washington, and Nevada

South Carolinia., .. ,may require information from disposal facility operators,

Washington. . generators, intermediate handlers,- and the Department of Energy

:..2•, •.:,.', -that is reasonably necessary to monitor the availability of disposal

capacity, the use and assignment of allocations and the

applicability of surcharges.:.; i - '.; I , , . I

Nevada. - r . (B) The States of South Carolina, Washington, and Nevada

South Carolina. may, afterwritten notice followed bya period of at least 30 days,,

Washington. ' deny acc'ess 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 madetavailable to a State under this

asubsection upon request only if such State- under.thi

(I) consents in writing to restrict the dissemination of the

.. . ,information to those who are directly involved in

•'• ....: :." ', ,imofiftoring under subparagraph (A) and who have a need to

(II) accepts liability for wrongful disclosure; and

(III) demonstrates that such information is essential to

:....:, ' , ,, , . such monitoring.i:,. ,: '. ; ''

-(ii) The United States shall not be liable for the wrongful

I -disclosure by any individual or State of any information

provided to such individual or State under this subsection.

Commerce and . I" (iii) Whenever any individual or State has obtained

trade. -. -. ,possession of information under this subsection, the individual

Government. shall be subject to the same provisions of law with respect to

organization and the disclosure of such information as would apply to an officer

employees. . , " or employee of the United States or of any department or

Prohibition.', . -;.k 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 siecrits, proprietary information,

or other confidential information under this Act may be

.,required to disclose such information under State law.

(g) Nondiscriminati6n.-Except as provided in iubsections (b) through

(e), low-level radioactive waste dispbsed 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 geherated within such compact region.

, -' * Volume 1, Page 3-15
Sec. 6. Emergency Access.

42 USC 2021 f. (a) In General.-The Nuclear Regulatory Commission may grant

Defense and emergency access to any regional disposal facility or non-Federal disposal

national security., facility within a State that is not a member of a compact for specific

Health. low-level radioactive waste, if necessary to eliminate an immediate and

Safety. 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.

Health., (c) Determination Of Nuclear Regulatory Commission.-

Defense.and (1) Required Determination.-o.Not later than 45 days after receiving

national security,. a request under subsection (b), the Nuclear Regulatory Commission

Safety. 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

Ante, p. 1846. (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

Prohibition. threat to public health and safety or the common defense and security.

Prhbin 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.

Defense and (d) Temporary Emergency Access.-Upon determining that emergency

national security. access is necessary because of an immediate and serious threat to the

Health. public health and safety or the common defense and security, the Nuclear

Safety. 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

Volume 1, Page 3-16
access under this subsection, the Nuclear Regulatory Commission shall

provide the same notification and information required under subsection (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.

Defense and (e) Extension Of Emergency Access.-

national security. The Nuclear Regulatory Commission may grant one extension of

Health. emergency access beyond the period provided in subsection (c), if it

Safety. -determines that emergency access continues to be necessary because of an

immediate and serious threat to the public health and safety or the

common defense and security that cannot be mitigated by any alternative

consistent with the public health and safety, and that the generator of

low-level radioactive waste granted emergency access and the State in

which such low-level radioactive waste was generated have diligently

though ,unsuccessfully acted during the period of the initial grant to

eliminate the need for emergency access. Any extension granted under this

subsection shall be for the minimum volume and duration the Nuclear

Regulatory Commission finds necessary to eliminate the immediate threat

to public health and safety or the common defense and security, and shall

not in any event exceed 180 days.

(f) Reciprocal Access.-Any compact region or State not a member of a

compact that provides emergency access to non-Federal disposal facilities

within its borders shall be entitled to reciprocal access to any subsequently

operating non-Federal disposal facility that serves the State or compact

region in which low-level radioactive waste granted emergency access was

generated. The compact commission or State having authority to approve

importation of low-level radioactive waste to the disposal facility to which

emergency access was granted shall designate for reciprocal access an

equal volume of low-level radioactive waste having similar characteristics

to that provided emergency access.

'(g) Approval By Compact Commission.-Any grant of access under

-this section shall be submitted to the compact commission for the region in

which the designated disposal facility is located for such approval as may

be required under the terms of its compact. Any such compact commission

shall act to approve emergency access not later than 15 days after

receiving notification from the Nuclear Regulatory Commission, or

reciprocal access not later than 15 days after receiving notification from

the appropriate authority under subsection (f).

Prohibitions. (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. NoState 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

Volume 1, Page 3-17
Ante, p. 18

Prohibitio,

42 USC 2(

Health.

Safety.

Science an

technology

Tfansporta

:be reduced in volume to the maximum extent practicable and

shall be subject to surcharges established in this Act.

146. (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).

n. (k) Agreement States.-Any agreement under section 274 of the Atomic

ýEnergy Act of 1954(42 USC 2021) shall n6t be applicable to the,

determinations of the Nuclear Regulatory Commission under this section.

Sec. 7. Responsibilities Of The Department Of Energy.

)21g. (a) Financial And Technical Assistance.-mThe 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,

d, 'but not be limited to, technical guidelines for site selection, alternative

technologies for low-level radioactive waste disposal, volume

ition. reduction options, management techniques to reduce low-level waste

generation,:transportation practices for shipment of low-level wastes,

health and safety considerations in the storage, shipment and disposal

of low-level radioactive wastes, and establishment of a computerized

database to monitor the management of low-level radioactive wastes;

and

Science and.

technology.

Transportation.

42 USC 2021h.

Ante, p. 1842.

(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 low-level

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 interand intra-regional basis, (5) summarizes the data on the total amount of

low-level 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

Low-Level 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

Low-Level 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 in~formation 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

Volume 1, Page 3-18
42 US

Ante.

judgment of the Commission, if pursued as an alternative to shallow land . burial. Such technical informationand 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.

C 2021i. In order toensure 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 shallp. 1842. (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

(3) to the extent practicable, consolidate all required technical and

environmental reviwsand public hearings.

Sec. 10.: Radioactive Waste Below Regulatory Concern.

(a) Not-later than 6 months after the date of enactment of the

Low-Level 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

r.egulation by the Commission due to the presence of radionuclides in such

.waste streams in sufficiently low concentrations or quantities as to be

rbelow regulatory concern. , , ;-, : - :<-,-,

(b) The standards and-proceduresestablished 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) adetailed description of the waste materials, including their

origin,'chemical composition, physical state, volume, and mass; and

*, .(2) The concentration orcontamination levels, half-lives, and

identities of the radionuclides present.

tion. 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 regulationby 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.,

Health.

Safety.

Regula

t .

ý.' j!(

Volume 1, Page 3-19
NOTE: TITLE II OF THIS LAW WHICH CONSISTS OF THE

TEXT OF SIX COMPACTS IS FOUND IN VOLUME II

OF THIS NUREG.

LOW-LEVEL RADIOACTIVE WASTE POLICY ACT

Public Law 96-573 [S. 2189] 94 Stat. 3347

Dec. 22,1980

An Act

To set forth a Federal policy for the disposal of low-level radioactive

wastes, and for other purposes.

42 USC 202 lb Be it enacted by the Senate and House of Representatives of the United

note. States of America in Congress assembled,:

Low-Level

Radioactive Waste Secý 1. Short Title.

Policy AcM This Act maybe cited as the "Low-Level Radioactive Waste Policy

Act."

42 USC 2021b. Sec. 2. Definitions.

As used in this Act:

(1) The term "disposal" means the isolation of low-level

radioactive waste pursuant to requirements established by the Nuclear

Regulatory Commission under applicable laws.

(2) The term "low-level radioactive waste" means radioactive waste not classified as high-level radioactive waste, transuranic waste,

spent nuclear fuel, or byproduct material as defined in section 1 le.(2)

o f the Atomic Energy Act of 1954. , - -,

(3) The term "State" means any State of the United States, the

District of Columbia, and, subject to the provisions of Public Law

96-205, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,

the Northern Mariana Islands, the Trust Territory of the Pacific

Islands, and any other territory or possession of the United States.

: (4) For purposes of this Act the term "atomic energy defense

activities of the Secretary" includes those'activities and facilities of the

Department of Energy carrying out the function of-

(i) Naval reactors development and propulsion,

.(ii) weapons activities, verification and control technology,

(iii) defense materials production,-

(iv) inertial confinement fusion,

(v) defense waste management, and ,, (vi) defense nuclear materials security and safeguards (all as

included in the Department of Energy appropriations account in

any fiscal year for atomic energy defense activities).

42 USC 2021c: Sec. 3. General Provisions.

State compacts (a) Compacts established under this Act or actions taken under such

regarding regional compacts shall not be applicable to the transportation, management, or

facilities. disposal of low-level radioactive waste from atomic energy defense

activities of the Secretary or Federal research and development activities.

(b) Any facility established or operated exclusively for the disposal of

low-level radioactive waste produced by atomic energy defense activities

. I Volume 1, Page 3-20
42 USC 2021 d.

Congressional

consent.

Report to Congress

and States.

of the Secretary or Federal research and development activities shall not

be subject to compacts established under this Act or actions taken under

such compacts.

Sec. 4. Low-Level Radioactive Waste Disposal.

(a)(1) It is the policy of the Federal Government that-

(A) 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 defense activities of the Secretary or

Federal research and developient activities; and

(B) low-level radioactive waste can be most safely and

efficiently managed on a regional basis.

(2)(A) 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) A compact entered into under subparagraph (A) shall not

take effect until the Congress has by law consented to the compact.

Each such compact shall provide that every 5 years after the

compact has taken effect the Congress may by law withdraw its

consent. After January 1. 1986, any such compact may restrict the

use of the regional disposal facilities under the compact to the

disposal of low-level radioactive waste generated within the region.

(b)(1) In order to assist the States in carrying out the policy set forth in

subsection (a)(1), the Secretary shall prepare and submit to Congress and

to each of the States within 120 days after the date of the enactment of this

Act a report which-

(A) defines the disposal capacity needed for present and future

low-level radioactive waste on a regional basis;

(B) defines the status of all commercial low-level radioactive

waste disposal sites and includes an evaluation of the license status

of each such site, the state of operation of each site, including

operating history, an analysis of the adequacy of disposal

technology employed at each site to contain low-level radioactive

wastes for their hazardous lifetimes, and such recommendations as

the Secretary considers appropriate to assure protection of the

public health and safety from wastes transported to such sites;

(C) evaluates the transportation requirements on a regional

basis and in comparison with performance of present transportation

practices for the shipment of low-level radioactive wastes,

including an inventory of types ýand quantities of low-level wastes,

and evaluation of shipment requirements for each type of waste and

an evaluation of the ability of generators, shippers, and carriers to

meet such requirements; and

(D) evaluates the capability of the low-level radioactive waste

disposal facilities owned and operated by the Department of

Energy to provide interim storage for commercially generated

low-level waste and estimates the costs associated with such

interim storage.

(2) In carrying out this subsection, the Secretary shall consult with

the Governors of the States, the Nuclear Regulatory Commission, the

Environmental Protection Agency, the United States Geological

Volume 1, Page 3-21
Survey, and the Secretary of Transportation, and such other agencies

and departments as he finds appropriate.

Volume 1, Page 3-22
A. NUCLEAR WASTE POLICY ACT OF 1982, AS AMENDED

TABLE OF CONTENTS

PAGE 42 USC

Sec.

Sec. 1. Short Title and Table of Contents ................... 4-5

Sec. 2. Definitions .................. 4-5 10101

Sec. 3. Separability ................................ ........ 4-8 10102

Sec. 4. Territories and Possessions . 4-8 10103

Sec. 5. Ocean Disposal .................................. 4-8 10104

Sec. 6. Limitation on Spending Authority ...................... 4-8 10105

Sec. 7. Protection of Classified National Security Information ..... 4-8 10106

Sec. 8. Applicability ..................................... 4-8 10107

Sec. 9. Applicability ....................................... 4-9 10108

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 ......... 4-9 10121

SUBTITLE A

REPOSITORIES FOR DISPOSAL OF HIGH-LEVEL

RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL

Sec. Ill. Findings and Purposes'4-10 10131

Sec. 112. Recommendation of Candidate Sites for Site

Characterization ......................... 4-11 10132

Sec. 113. Site Characterization ... _........................... 4-13 10133

Sec. 114. Site Approval and Construction Authorization .......... 4-15 10134

.Sec. 115.. Review of Repository Site Selecti6n .................. 4-19 10135

,Sec. 116. Participation of States ................ .... 4-22 10136

Sec. 117. Consultation With States and Affected Indian Tribes.. 4-25 10137

Sec. 118. Participation of Indian Tribes .................... 4-27 10138

Sec. 119. Judicial Review of Agency Actions ................ 4-30 10139

Sec. 120. Expedited Authorizations .......................... 4-30 10140

Sec. 121. Certain Standards and Criteria ....................... 4-31 10141

Sec. 122. Disposal of Spent Nuclear Fuel ..................... 4-31 10142

Sec. 123., Title to Material ............................ 4-32 10143

Sec. 124. Consideration of Effect of Acquisition of Water Rights ... 4-32 10144

Sec. 125. Termination of Certain Provisions ................. 4-32 10145

SUBTITLE B

INTERIM STORAGE PROGRAM'

Sec. 131. Findings and Purposes ........................ 4-32 10151

Sec. 132. Available Capacity for Interim Storage of Spent Nuclear

Fuel ................ ............ 4-33 10152

Sec. 133. Interim at ReactorStorage ........ ............. 4-33 10153

Sec. 134. Licensing of Facility Expansions and Transshipments .... 4-33 10154

'This act consists of Public Law 97-425 (96 Stat. 2201) enacted on January 7. 1983, and subsequent amendments. The Act was extensively amended in identical form by Public Law 100-202 (101 Stat.

1329-121) and Public Law 100-203 (101 Stat. 1330-243) on December 22, 1987.

Volume 1, Page 4-1
PAGE 42 USC

Sec.

Sec. 135.

Sec. 136.

Sec. 137.

Sec. 141.

Sec. 142.

Sec. 143.

Sec. 144;

Sec. 145.

Sec. 146.

Sec. 147.

Sec. 148.

Sec. 149.

Storage of Spent'Nuclear Fuel..... ............. 4-34

Interim Storage Fund .............................. 4-40

Transportation ................................... 4-44

SUBTITLE C

MONITORED RETRIEVABLE STORAGE

Monitored Retrievable Storage ..................... 4-44

Authorization of Monitored Retrievable Storage ........ 4-47

Monitored Retrievable Storage Commission ........... 4-47

Survey ........ ................... 4-49

Site Selection..... .... ........................ 4-49

Notice of Disapproval ...... ...... ............ 4-50

Benefits Agreement ...................... 4-50

-Construction Authorization ....................... 4-51

Financial Assistance ............................ 4-51

SUBTITLE D

LOW-LEVEL RADIOACTIVE WASTE

Sec. 151. Financial Arrangements f6r Low-level

Radioactive Waste Site Closure.................. 4-52

SUBTITLE E

REDIRECTION OF THE NUCLEAR WASTE PROGRAM

Sec. 160. Selection of Yucca Mountain Site...... ........... 4-53

Sec. 161.. Siting a Second Repository .................... 4-53

10155

10156

10157

10161

10162

10163

10164

10165

10166

10167

10168

10169

10171

10172

10172a

10173

10173a

10173b

10173c

10174

10174a

10175

Sec. 170.

Sec. 171.

Sec. 172.'"

Sec. 173.

SUBTITLE F

BENEFITS

Benefits Agreements ....... ........................ 4-54

Content of Agreements .......................... 4-54

Review Panel ............ . ........................ 4-56

Termination .. .................................. 4-57

SUBTITLE G

OTHER BENEFITS

Sec. 174. Consideration in Siting Facilities ................... 4-57

Sec. 175. Report ........ .......................... 4-57

SUBTITLE H

TRANSPORTATION

Sec. 180 Transportation ..... ......................... 4-58

TITLE II

RESEARCH, DEVELOPMENT, AND DEMONSTRATION REGARDING

DISPOSAL OF HIGH-LEVEL RADIOACTIVEWASTE AND

SPENT NUCLEAR FUEL

Sec. 211. Purpose ............................ 4-59

Sec. 212. Applicability.................................... 4-59

Sec. 213. Identification ofSites....... ...... ...... ......... 4-59

Sec. 214. Siting Research and Related Activities ............... 4-60

10191

10192

10193

10194

I Volume lPage 4-2
PAGE 42 USC

Sec.

Sec. 215. Test and Evaluation Facility Siting Review and Reports ... 4-61 10195

Sec. 216. Federal Agency Actions ....................... 4-62 10196

Sec. 217. Research and Development on Disposal of High-Level

Radioactive Waste ........................ 4-62 10197

Sec. 218. Research and Development on Spent Nuclear Fuel ....... 4-66 10198

Sec. 219. Payments to States and Indian Tribes ............... 4-67 10199

Sec. 220. Study of Research and Development Needs for Monitored

Retrievable Storage Proposal .................... 4-68 10200 Sec. 221. Judicial Review ....................... 4-68 -10201

Sec. 222. Research on Alternatives for the Permanent Disposal of

High-Level Radioactive Waste ................ 4--68 10202

Sec. 223. Technical Assistance to Non-nuclear Weapon States in the

Field of Spent Fuel Storage and Disposal ........... 4-68 10203 Sec. 224. Subseabed Disposal ........................... 4-69 10204

O ERN N R TITLE III

,OTHIER PROVISIONS RELATING TO RADIOACTIVE WASTE

Sec. 301. Mission Plan .................................... 4-70 10221

Sec. 302. Nuclear Waste Fund ......................... 4-72 10222

'Sec. 303. Alternative Means of Financing .................... ,4-76 10223

Sec. 304. Office of Civilian Radioactive Waste Management ....... 4-76 10224

Sec. 305. Location of Test and Evaluation Facility ............... 4-77 10225

Sec. 306. Nuclear Regulatory Commission Training Authorization .. 4-77 10226

TITLE IV

NUCLEAR WASTE NEGOTIATOR

Sec. 401. Definition .. .......................... 4-78 10241

Sec. 402. The Office of the Nuclear Waste Negotiator .......... 4-78 10242

Sec. 403. Duties of the Negotiator ............... ...... 4-78 10243

Sec. 404. Environmental Assessment of Sites ................... 4-79 10244

Sec. 405. Site Characterization; Licensing ..................... 4-80 10245

Sec. 406. Monitored Retrievable Storage ...................... 4-80 10246

Sec. 407. Environmental Impact Statement................. 4-81 10247

Sec. 408. Administrative Powers of the Negotiator............. 4-81 10248

Sec. 409. Cooperation of Other Departments and Agencies ........ 4-82 10249

Sec. 410 Termination of the Office .......................... 4-82 10250

Sec. 411. Authorization of Appropriations .................. 4-82 10251

TITLE V

NUCLEAR WASTE TECHNICAL REVIEW BOARD

Sec. 501. Definitions ................................ 4-82 10261

Sec. 502. Nuclear Waste Technical Review Board ............. 4-82 10262

Sec. 503. Functions ................................. 4-83 10263

Sec. 504. Investigatory Powers .............................. 4-83 10264

Sec. 505. Compensation of Members ..................... 4-83 10265

Sec. 506. Staff .................................... 4-84 10266

Sec. 507. Support Services ................................. 4-84 10267

Sec.508. Report ............... I ....... I............ ;... . 4-84 10268

Sec. 509. Authorization of Appropriations ..................... 4-85 10269

Sec. 510. Termination of the Board ...................... 4-85 10270

Volume 1, Page 4-3
PAGE 42 USC

Sec.

B. ENERGY POLICY ACT OF 199Y

TITLE VIII

mIGH-LEVEL RADIOACTIVE WASTE

Sec. 801. Nuclear Waste Disposal ........................... 4-85

Sec. 803. Nuclear Waste Management Plan ..... .... 4-86

C. RONALD W. REAGAN NATIONAL DEFENSE

AUTHORIZATION ACT FOR

FISCAL YEAR 2005 :PAGE .50 USC

Sec.

Sec. 3116. Defense Site Acceleration Completion, ...... ....... 4-87

D. ENERGY POLICY ACT OF 2005

Sec. 631. Safe Disposal of Greater-Than-Class C

Radioactive Waste ........................... 4-89

2601

'Note: This Act consists of Public Law 102-486 (106 Stat. 2776) enacted on October 24, 1992, and

generally appears in title 42, United States Code.

'Note: Public Law 108-375, Division C, Title XXXI. section 3116 (118 Stat. 2162); October 28, 2004.

Volume 1, Page 4-4
A. NUCLEAR WASTE POLICY ACT OF 1982, AS AMENDED .-

Public Law 97-425 96 Stat. 2201

42 USC 10101.

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.)

See. 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 Secre'tary'performed in whole or in part in carrying out any of the

following functions: I .,r . I . . . I . (A) naval reactois development;

(B) weapons activities including defense inertial confinement

fusion"; : - . 1ý. (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 underg6ing 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 p6werplant'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.

Volume 1, Page 4-5
(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.

(10) The terms "disposal package" and "package" mean the

primary container that holds, and is in contact with, solidified

high-level 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 suchl canisters.

(12) The term "high-level radoalictive 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 cif 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 1 le(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 isdesigned to permit

the recovery, for a limited period during initial operation, of any

materials placed in such system. ýSuch term includes both surface and

subsurface areas at which high-level radioactive waste and spent nuclear fuel handling activities are conducted..

Volume 1, Page 4-6
(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-

(A) siting research activities with respect to'a test and

evaluation facility at a candidate site; and. ý

(B) activities,ýwhether 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

t h e U n i t e d S t a te s . " , I I • - - , .. ..

(25) The term "storage" means retention of high-level radioactive

waste, spent nuclear fuel, or transuranic waste with the intent to

S 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, transuraniic 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 1 12(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

Volume 1, Page 4-7
42 USC 10102.

42 USC 10103.-

42 USC 10104.

42 USC 10105.

42 USC 10106.

42 USC 10107.

Post, p. 2207.

Post, p. 2256.

Post, p. 2257. -

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.

(34) The term "monitored retrievable storage facility" means the

storage facility described in section 141(b)(1).

OTHER PROVISIONS,

Sec. 3. Separability

If an 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 orcircumstances 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 -

I 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 I (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-(l) 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

described 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 or repositories. The costs

'Public Law 100-203 (101 Stat. 1330) (1987) section 5002, added subsecs.ý 30-34.

Volume 1, Page 4-8
42 USC 10108.

resulting from permanent'disposal of high-level radioactive waste from

atomic energy defense activities shall'be paid by the Federal

Government, into the special 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

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. ý

(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, orvboth.

See. 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 . I (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, andbefore proceeding With any site-specific

investigations with respect to such repository, thefSecretary 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.

i (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.

42 USC 10121.

Volume 1, Page 4-9
42 USC 10131.

SUBTITLE A-REPOSITORIES FOR DISPOSAL OF HIGH-LEVEL

RADIOACTIVEWASTE 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 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; 1 (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-lel radioactive waste and spent nuclear fuel have

become majorsubjects of public, concern, and appropriate precautions

may be taken to ensure that such waste and spent fuel do not adversely

affect the ptiblic health and safety and the environment for this or

future generations.

(b)PURPOSES-The purposes of this subtitle are-

(I) 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; - I .(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.

Volume 1, Page 4-10
42 USC 10132.

Recommendation

date.

Environmental

assessment.

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 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 thatwill 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) adjacent to an area 1 mile by I 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-(I)(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 includeVolume 1, Page 4-11
* (i) an evaluation by the Secretary as to whether such site is

suitable for site characterization under the guidelines r 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

S, such site with other sites and locations that have been

considered:

(v) a description ofthe 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..

.(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 1 13(b)(1).

:1(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;iand - 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

SITESVolume 1, Page 4-12
Decision . (1) The.President shall review each candidate site recommendation

transmittal or made by the Secretary under subsection (b). Not later than 60 days

notification. 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

i 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, andfthe 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.

(d) PRELIMINARY ACTIVITIES-Except as otherwise provided in

this section , each activity of the President or the Secretary under this

Sýsection 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.5

. Sec..113. . Site.Characterization

421uSC-10133.,' (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).

Plan submittal, (b) COMMISSION AND STATES-(1) Before proceeding to sink

review and .. shafts at the Yucca Mountain site,.the Secretary shall submit for such

comment. ' 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-

'Public Law 100-203 (101 Stat. 1330) (1987) section 5011, amended section 112.

Volume 1, Page 4-13
,(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 withbradioactive 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.

Public availability; (2) Before proceeding to sink shafts at the Yucca Mountain site,

hearings., 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.

Report. 1 (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-(I) 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 siteVolume 1, Page 4-14
I

Reports.

42 USC 10134.

Notification of

decision.

Public availability.:

(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 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.6

Sec. 114. Site Approval and Construction Authorization

(a) HEARINGS AND PRESIDENTIALRECOMMENDATION-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 thePresident, 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:

6

Public Law 100-203 (101 Stat. 1330) (1987), section 5011, amended section 113.

Volume 1, Page 4-15
(A) a description of the proposed repository, including

preliminary engineering specifications for the facility; . l (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; -: . . .. . I I

* I (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;.

(G) such other information as the Secretary considers

appropriate; and

(H) any impact report submitted under section 1 16(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

Volume 1, Page 4-16
Construction

authorization

applications.

Report submittal to

Secretary and

Congress.

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 I 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

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-(I) 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. -I : I 1 - -

(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

Volume 1, Page 4-17
Report response.

filing with

Congress.

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

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

Volume 1, Page 4-18
42 USC 10135.

Notice of

disapproval,

submittal to

Congress.

Introduction of,.

resolution.

availability of a repository, alternate sites to the Yucca Mountain site,

or nongeologic alternatives to such site.7

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. If any such

notice of disapproval has been submitted, the designation of such site shall

not be effective except as provided under subsection (c). I (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- 77• (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 inconsistentwith 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

'Public Law 100-203 (101 Stat. 1330) (1987) section 5011, amended section 114.

Volume 1, Page 4-19
Committee

recommendations.

Discharge of

committee.

Debate.

Appeals.

'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 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.

Volume 1, Page 4-20
(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 ý (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 Scalendar,'unless such resolution or an identical resolution was

previously reported by each committee to which it was referred.

* 1_(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

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

Discharge of - -

committee.

Resolution,

consideration and

debate. f 1 ,

Volume 1, Page 4-21
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 noticeof 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 or

legislature of such State shall be considered to refer instead to such other

person or entity., : :.. - ' . -, 1-

42 USC 10136.

Potentially

acceptable site.

Volume 1, Page 4-22
Notice of (2) Upon the submission by the President to the Congress of a

disapproval, recommendation of a site for a repository, the Governor or legislature

submittal to of the State in which such site is located may disapprove the site

Congress. 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 Houseand 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.

Grants. (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. r 1 ý i

(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.

Volume 1, Page 4-23
(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 forthý (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 unitof 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 I 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; I (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 forVolume 1, Page 4-24
42 USC

(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 I 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, otherthan the State of Nevada, may receive financial

assistance under this subsection after the date of the enactment of the

Nuclear Waste Policy Amendments Act 1987.8 1

(d) ADDITIONAL NOTIFICATION AND CONSULTATIONWhenever 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

10137. (a) PROVISION OF INFORMATION-(I) 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. ion . (2) Upon written request for such information by the Governor or

response., 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

.Ilegislature 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

immediatelysuspend 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

subsequentlydeveloping and loading any repository within such State, the

Secretary shall consult and cooperate with the Governor and legislature of

Informat

request.

SPublic Law 100-203 (101 Stat. 1330) (1987) section 5032, amended section 116(c).

1 :.:, -Volume 1, Page 4-25
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) WRITITEN 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

Report to Congress. feasible, to completed no later than 6 months after such notification. 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

Report, review and agreement has not been completed. Prior to submission of such report to

comments. 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. 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 inhabitants in

neighboring communities near the repository site and reasonable

Volume 1, Page 4-26
State notification.

Transportation of

radioactive waste

and spent nuclear

fuel.

Monitoring and

testing.

42 USC 10138.

Notice of

disapproval,

submittal to

Congress.

Grants.

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) 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

on-site oversight activities at such site.. Reasonable expenses of such

representatives shall be paid out of the Waste Fund.9

Sec. 118. Participation of Indian Tribes c

(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.

I(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

. 9

Public Law 100-203 (101 Stat. 1330) (1987) section 5011, added section 117(d).

Volume 1, Page 4-27
-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 ý

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;

ý(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:wbuld;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.

Report submittal.

Volume 1, Page 4-28
Grants, limitation.

Funding.

Post, p. 225•.

(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

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

the iof termination of site charaterization activities at the

Scandidate 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;"D 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 triberelated 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

(6) tribe with the Secretary during such 2-year period.

u (6) Financial assistance authorized in this subsection shall be made

out of amounts held in the Nuclear Waste Fund established in

section 302.

1

'Public Law 100-203 (101 Stat. 1330) (1987) section 5033, amended section 1 18(b)(5Xii) and (iv).

Volume 1, Page 4-29
Sec. 119. Judicial Review of Agency Actions

42 USC 10139. (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;:

.(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

titlelH.

Post. p. 2245.. (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, ortfailure to act.

Sec. 120. Expedited Authorizations

42 USC 10140. (a) ISSUANCE OF AUTHORIZATION-(I) 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

Volume 1, Page 4-30
42 USC 10141.

42 USC 10142.

be required by law, and may include terms and conditions permitted by law . : I - I

Sec. 121. Certain Standards and Criteria

(a) ENVIRONMENTAL PROTECTION AGENCY STANDARDSNot 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-(l) (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

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

INotwithstanding 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

Volume 1, Page 4-31
42 USC 10143.

42 USC 10144.

42 USC 10145.

42 USC 10151.

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 " , I

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. . , Sec. 125. Termination of Certain Provisions

Sections 4119 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 ofcapacity 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.

Volume 1, Page 4-32
See. 132. Available Capacity for Interim Storage of Spent Nuclear

Fuel

42 USC 10152. 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.

Sec. 133. Interim at Reactor Storage

42 USC 10153. : The Commission shall, by rule, establishprocedures for the licensing

Licensing of any technology approved by the Commission under section 219(a) for

procedures. 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.i 134. Licensing of Facility Expansions and Transshipments

42 USC 10154. .(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

Summary submittal Commission shall provide. The Commission'shall require each party,

of facts,ý data and 'including the Commission staff, to submit in written form, at the time of

arguments. 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-(I) 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

Volume 1, Page 4-33
(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 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 3.1, 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-() 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:

42 USC 10155.

Ante, p. 2205.

Volume 1, Page 4-34
(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.

(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 anymethod 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.

Facility. (6) For purposes of paragraph (1)(A), the term "facility" means any building of structure.-

(b) CONTRACTS-(I) 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

Volume 1, Page 4-35
site, of any othercivilian 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,

for use at the site of any civilian nuclear power reactor operated

S 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 (I) 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)(l)(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;

Public availability.

Volume 1, Page 4-36
(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.

5 USC 701 et. seq. (B) The issuance of any environmental assessment under this

Judicial review. 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.

(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.

Investigation. (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 site-specific 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

Guidelines. Council. The Secretary, in cooperation with the State and Indian

tribes, shall develop and publish minimum guidelines 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.

Cooperative (3) The cooperative agreement shall include, but need not be

agreement. 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

Volume 1, Page 4-37
Process of

consultation

cooperation.

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 suchState. 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

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 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 , ý(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,

)ngress. 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

Report to C

Notice of:,

disapproval,

submittal to

Congress. (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

Volume 1, Page 4-38
subtitle to the Governor or legislature of suih State shall be

considered to refer instead to such other person or entity.

(C) The iuithority of the*Governor and legislature of each State

'under this paragraph shall not 6b'applicable with respect to any site

located oh 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

Ante. p. 2217. . thereafter becomes law. For purposes of this paragraph, the term

Resolution.' "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

* 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) Forpui15oses of the consideiation of any resolution

described in subparagraph (D),'e66h referience 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

Tribal : subparagraph. ". ' -

Affected Tribal -:' (7)'As used in this section,'the term "affected Tribal Council"

Council. means the governing body of any Indian tribe within whose reservation

boundaries there is located a potentially acciptable 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

S", Interior pursuant to a petition filed with'him bythe 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 fuelstored 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

I '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

Volume 1, Page 4-39
5 USC 533.

42 USC 10156.

any. The Secretary shall prepare and submit the first such report not later

than I 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. I (h) APPLICATION-Notwithstanding any other provision of law,

nothing in this Act shall be construed to encourage, authorize, or require

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).

See. 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

Volume 1, Page 4-40
(B) specify the amount of storage capacity to be provided for the

person involved.

Study; report to (2) The Secretary shall undertake a study and, not later than 180

Congress. 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 onor before January 1,

Publication in 1984.- Such payment charges and the calculation thereof shall be

Federal Register. -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. Fees. (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 withrespect to such person, including the

acquisition, construction, operation, and maintenance of any facilities

under this subtitle. I - ,

(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

section, to obtain a license or permit to possess or own spent nuclear

fuelh

(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 know 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

Volume 1, Page 4-41
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).

Payments. (e) IMPACT ASSISTANCE-(:) 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 orderto. 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

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. I

Regulations. (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.

Unit of local (6) As used in this subsection, the term "unit of local government"

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 a-, determined by the Secretary.

Volume 1, Page 4-42
Report to Congress. (f) ADMINISTRATION OF: STORAGE FUND-(I) 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. Budget submittal. (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

Ante, p. 907. 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 Treasurylto 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 tobe 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. I, : I I

Ante, p. 927. (4) Receipts, proceeds, and recoveries realized by the Secretary :_iunder this section, andexpenditures of amounts from the Storage Fund, shall be exempt from annual apportionment under the provisions

of subchapter II of chapter 15 of title 31, Uniited States Code.

(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

Ante, p. 927. 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

Volume 1, Page 4-43
Interest p

Deferral.

42 USC

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.

iayments. . (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 bearinterest.

Sec. 137.! Transportation - : _, , 10157. ý (a) TRANSPORTATION(I) 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.

SUBTITLE C-MONITORED RETRIEVABLE STORAGE

See. 141. Monitored Retrievable Storage

42 USC 10161. (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

.ina ..repositoryadeveloped 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-(I) On or

before June 1, 1985, the Secretary shall complete a detailed study of the

Volume 1, Page 4-44
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

-high-level 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 practicablefollowing congressional . authorization of such facility; and -

(D) a plan for4integrating facilities constructed pursuant to this

section with other storage and disposal facilities authorized in this ~Act.

Consultations. (3) In formulating such proposal, the Secretary shall consult with theCommission 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. Environmental ,(c) ENVIRONMENTAL IMPACT STATEMENTS-(1) Preparation assessment. 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 Submittal to regulations issued by the Secretary implementing such Act, an

Congress. environmental assessment with respect to such proposal. Such

Volume 1, Page 4-45
Payments.

Regulations.

Consultations.

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)(l) 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.

S(f) IMPACT ASSISTANCE-(I) 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.

(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

Volume I, Page 4-46
which there is located any site approved for site characterization under

Ante, p. 2208. 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 42 USC 10162. - (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.

Sec. 143. Monitored Retrievable Storage Commission

42 USC 10163. (a) ESTABLISHMENT-(I) (A) There is established a Monitored

Retrievable Storage Review Commission (hereinafter in this section

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 fora monitored retrievable

storage facility as a part of the Nation's nuclear waste management

system. Reports. (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

Volume 1, Page 4-47
- -(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. (3) The report under this subsection, together with the

recommendation of the MRS Commission, shall be transmitted to

Congress on November 1, 1989.11

(4) (A) (i) Each member of the MRS Commission shall be paid at

the rate provided for level 1II 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 tile 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.

'Public Law 100-507(102 Stat. 2541) (1988) section 2, extended the report deadline from 611/89 to

11/1/89.

Volume 1, Page 4-48
42 USC 10164.

42 USC 10165.

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; , (4) impose minimal adverse effects on the local community and the

local environment;

(5) provide a high probability that the faciity 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

'high-level radioactive waste resulting from atomic energy defense

activities are stored.:,

Sec. 145.ý 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.

Volume 1, Page 4-49
I (d) ENVIRONMENTAL ASSESSMENT-Site specific activities and

selection of a site underthis 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

ýsuch environmental assessment to the Congress at the time such site is

selected.

(e) NOTIFICATION BEFORE SELECTION-(I) 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). S -

(g) LIMITATION-No monitored retrievable storage facility

authorized pursuant to section 142 (b) may be constructed in the State of

Nevada.

See. 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 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.

42 USC 10166.

42 USC 10167.

Volume 1, Page 4-50
42 U1

Sec. 148. Construction Authorization ,.

SC 10168. (a) ENVIRONMENTAL IMPACT STATEMENT-(I) 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

Ssection 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).'. . ,', : : i. .

C,(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 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

C 10169. 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

42 U1

Volume 1, Page 4-51
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

42 USC 1017 1. (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 thatan 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);

(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 Secretaryassumes 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

1

2

public Law 100-203 (101 Stat. 1330) (1987) section 5021, added sections 142-149.

Volume 1, Page 4-52
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

PROGRAM

Sec. 160. Selection of Yucca Mountain Site

42 USC 10172. (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 170.13

Sec. 161.. Siting a Second Repository

42 USC 10172a -(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. 2007,1but 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 asi (1)ýseasonal increases in population;'

(2) proximity to public drinking water supplies, including those of

metropolitan areas; and F,

"

3

Public Law 100-203 (101 Stat. 1330) (1987) section 5011. added new Subtitle E.'

Volume 1, Page 4-53
(3) the impact that characterization or siting decisions would have

on lands owned or placed in trust by the United States for Indian tribes."4

SUBTITLE F- BENEFITS

Sec. 170. Benefits Agreements

42 USC 10173. (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 Stateor 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 Stat6.

(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.

Sec. 171. Content of Agreements

42 USC 10173a. (a) IN GENERAL-(I) In addition to the benefits to which a State, an

affected unit of local government or Indian tribe is entitled under title I,

14Public Law 100-203 (101 Stat. 1330) (1987) section 5012, amended Subtitle E by adding section 161.

Volume 1, Page 4-54
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 5 10

spent fuel receipt

(B) Upon first spent fuel receipt 10 20

(C) Annual payments after the

first spent fuel receipt until closure of 10 20

the facility

(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 iot elapsed since the last annual payment under •paragraph (l)(A). •:

(5) Notwithstanding paragraph'(I), (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.i

(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.

Volume 1, Page 4-55
(b) CONTENTS-A benefits agreement under section 170 shall provide

42 USC 10173b.

that- : .-

(1) a Review Panel be established in accordance with section 172;

ý(2) the State or Indian tribe that is party to such agreement waive

its rights under title Ito 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 1 16(c)(1)(B)(ii), 1 16(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 Secretarýy 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;

Volume 1, Page 4-56
42 USC 10173c.

42 USC 10174.

42 USC 10174a.

(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

ý ý (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.

(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 tide if- i : - I

- (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 tide 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. I (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-ýOTHER BENEFITS

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 17 1, 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;

Volume 1, Page 4-57
(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;

(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."5

SUBTITLE H-TRANSPORTATION

See. 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

42 USC 10175.

"Public Law 100-203 (101 Stat. 1330) (1987), section 5031, amended title I by adding Subtitles F and G.

Volume 1, Page 4-58
dealing with emergency response situations. The Waste Fund shall be the

source of funds for work carried out under this subsection.16

TITLE IH-RESEARCH, DEVELOPMENT, AND

DEMONSTRATION REGARDING DISPOSAL OF

HIGH-LEVEL RADIOACTIVE WASTE AND SPENT

NUCLEAR FUEL

Sec. 211. Purpose

42 usc 10191. 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

42 USC 10192. The provisions of this title are subject to section 8 and shall not apply

Ante, p. 2205.- - 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

42 USC 10193. (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 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, Scenic Rivers the National System, Wildlife the National Refuge Wilderness System, the Preservation National Wild System, and 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

rePublic law 100-203 (101 Stat. 1330) (1987), section 5061. amended title I by adding Subtitle H.

Volume 1, Page 4-59
established under this subsection in considering and selecting sites under

this title. (b) SITE IDENTIFICATION BY THE SECRETARY4(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 I 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,

retard aqueous transport of radionuclides in order to provide a greater

possible protection of public health and safety as operating experience is

ýgained 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 priorto identification under this title. Each identification

Environmental of a site shall be supported by an environmental assessment, which shall

assessment, 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.-ý

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.

Sec. 214. Siting Research and Related Activities

42 USC 10194. (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 evaluatio'n facility

Volume 1, Page 4-60
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. I (b) Public Meetings And Environmental Assessment-Not later than

6 months after the date on which the Secretary:completes the identification

of sites under section 213, and before beginning siting research activities,

the Secretary shall hold at least I 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

42 USC 10195. (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--w

Process o4 (I) by which the Secretary- " , ....ý ;-, , consultation and (A) keeps the Governor or governing body involved fully and

cooperation. .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

Volume 1, Page 4-61
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

governing body, including the period in which the Secretary shall so

respond; T

(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

42 USC 10196.' (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 tite 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)), orto 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

42 USC 10197. (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 beEnvironmental (1) to supplement and focus the repositorysite characterization

assessment. process;

Volume 1, Page 4-62
(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; . (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.

Testing. (c) OPERATION-(I) 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;

Volume 1, Page 4-63
(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

(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

Snuclear 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-(I)(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

Volume 1, Page 4-64
(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. . " ".:(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. . shallr ,, (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

. ., :J :1) onniacility;s subecio may b c r tm i

-.(h) LIMITATIONS-(1) If the test and evaluation facility is not located

,at the site of a rep6sitory,'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.

Terminations. (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

S_ . : ". ,operation of atest'and evaluation facility is not necessary for

..research,;development, and demonstration'purposes; . -, .. .. -whichever occurs sooner.-.-- .. . . . ei (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

A. 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

Volume 1, Page 4-65
42 USC 10198.

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 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

utility-provided, 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-(I) 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.

Volume 1, Page 4-66
Report to , - congressional

committees.

42 USC 10199.

(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-

(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 and

Technology 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

I (a) PAYMENTS-Subject to subsection (b), the Secretary shall make

payments to each State or affected Indian tribe that hasentered 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

Volume 1, Page 4-67
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

42 USC 10200. 1 Not later than 6 months after the date of the enactment of this Act, the

Report to Congress. 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 14 1(b) with respect to a monitored retrievable

storage facility.

Sec. 221. JudicialReview -

42 USC 10201. Judicial review of research and development activities under this shall

Ante, p. 2227. be in accordance with the provisions of section 119.

.Sec. 222. Research on Alternatives for the Permanent Disposal of

High-level Radioactive Waste

42 USC 10202. 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

42 USC 10203. .(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.

Joint notice., (b)(1) Within 90 days of enactment of this Act, the Secretary and the

publication in Commission shall publish a joint notice in the Federal Register stating that

Federal Register. 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.

Joint notice, (2) The joint notice described in the preceding subparagraph shall

reissuance. 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 powerplants 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

Expressions of joint notice. The Secretary of State shall also solicit expressions of

interest, 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

Volume 1, Page 4-68
Non-nuclear

weapon state.

42 USC 10204.

Reports.

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 storageand 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). (f) Nothing in this subsection shall authorize the Department of

Commission to take any action not authorized under existing law.

See. 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 tot he

'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 otherr organizations to investigate the technical

and institutional feasibility.of subseabeded disposal.

(B) TheSubseabeded Consortium shall develop a research plan and budget to achieve the following objectives by 1995:

I (i) demonstrate the capacity to identify and characterize

potential subseabeded disposal sites; 1 ' , ý I (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).

Volume 1, Page 4-69
(5) REPEALED. Public Law 104-66, title I, section 1051(d), 109

Stat. 716, December 21, 1995.7

TITLE III-OTHER PROVISIONS RELATING TO

RADIOACTIVE WASTE

Sec. 301. Mission Plan

42 USC 10221,. (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,

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 forthe decontamination and

"'Public Law 97-425, title 11, section 224, as added Public Law 100-202, section 101(d), title l1, (101

Stat. 1329-104, 1329-12), December 22, 1987; Public Law 100-203, title V, section 5063 (101 Stat.

1330-253), December 22, 1987; as amended Public Law 104--66, title 1, section 1051(d) (109 Stat. 716),

December 21, 1995; Public Law 105-245, tide Ill, section 309(b)(2)(E) (112 Stat. 1853), October 7, 1998.

Volume 1, Page 4-70
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

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

.(I 1) 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.-(I) 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 Registeryof the submission of the

pmission 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-oftlie 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'.

Public inspection

and agency

comments.

Publication in

Federal Register.

Volume 1, Page 4-71
Plan submittal to

congressional

committees.

42 USC 10222.

Fees.

Fees.

Ante. p. 2229.

Collection and

payment

procedures.

Review.

42 USC 6421.

Transmittal to

Congress.

(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-(I) 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 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 ini 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 high-level 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

Volume 1, Page 4-72
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.

Disposal services, (6) The Secretary shall establish in writing criteria setting forth the

ternis and terms and conditions under which such disposal services shall be made

conditions. available.

License renewal or (b) ADVANCE CONTRACTING REQUIREMENTissuance. .. . (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.i.

(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,i983;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 contractentered into under

this section may be assignable with transfer of title to the spent nuclear

-fuel of or high-level radioactive waste involved.

Disposal of (4) No high-level radioactive waste or spent nuclear fuel generated radioactive waste or owned by any department of the United States referred to in

or spent nuclear section 101 or .102 of title 5, United States Code, may be disposed of

fuel.... by the Secretary in any repository constructed under this Act unless

Volume 1, Page 4-73
Ante, pp. 2206,

2245.

Ante, pp. 2220,

2225,2253.

Report to Congress.

Ante, p. 907.-.

Budget submittal.

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 11,

including-

- (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 oruincident 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-(I) 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

Volume 1, Page 4-74
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. . - 1.. . . : ý I

(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.

Ante, p. 927. (4) Receipts, proceeds, and recoveries realized by the Secretary

under this section, and expenditures of amounts from the Waste Fund,

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 ratedetermined by taking into consideration the

average market yield on outstanding marketable obligations of the

United States of comparable maturities during the month preceding the

Ante, p. 937. 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

anypurchase of such obligations. The Secretary of the Treasury may at

any time sell any of the obligations acquired by him under thisparagraph. 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.

Volume 1, Page 4-75
Interest payments . , (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..

Deferral. 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

42'USC 10223. The-Secretary shall undertake a study with respect to alternative

Study. 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

Report to Congress. shall be completed,ý 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

42 USC 10224. (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

Senate, and who shall be compensated at the rate payable for level IV of

the Executive!Schedule under section 5315 of title5, 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 General Accounting 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

Report to Congress.

Volume 1, Page 4-76
LI')Comptroller General shall submit a report on the results of each audit

conducted under this section."

Sec. 305. Location of Test and Evaluation Facility

42 USC 10225.: t' - (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.: .;

Ante, p. 2206. " (b) PROCEDURES-(I) 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

I .: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. '... 1 . . ..'. , .:

Ante, p. 2217. (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:.

Sec. 306. Nuclear Regulatory Commission Training Authorization

42 USC 10226.;,:. ,. NUCLEAR REGULATORYCOMMISSION TRAINING

Regulations or AUTHORIZATION-The Nuclear Regulatory Commission is authorized

guidance. . -: 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 foroperator 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 programsSuch regulations or other regulatory guidance

Report to Congress., 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..

Approved January 7, 1983.

* ..... , . . , . .

"Public Law 97-425. title Ill, section 304, (96 Stat. 2661), January 7. 1983; Public Law 104-66. title I.

Subtitle E, section 1052(1),(109 Stat. 719), December 21; 1995. , . . I I "

,: Volume 1, Page 4-77
TITLE IV-NUCLEAR WASTE NEGOTIATOR

42 USC 10241.

42 USC 10242.

President'of U.S.

42 USC 10243.

Sec. 401. Definition

For purposes of this title, the term "State" means each of the several

States and the District of Columbia."9 - ' 11 -

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."0 , I

(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

(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

"Public Law 102-486 (102 Stat 2923); Oct. 24. 1992.

"'Public Law 100-507 (102 Stat 2541) (1988) section I amended section 402(a).

Volume 1, Page 4-78
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-(I) 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.

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-(I) 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. - , -

1 (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.

I - (d) PUBLIC HEARINGS-( I) 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.

42 USC 10244.

Volume 1, Page 4-79
42 USC 10245.

42 USC 10246.

Grants.

(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-(I) 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.. I I

(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

Volume 1, Page 4-80
42 USC 10247.

42 USC 10248.

Contracts.

section at a-site under the jurisdiction of suchState, 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-(I) 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;

(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

maybe 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;

Volume 1, Page 4-81
42 USC 10249.

42 USC 10250..

42 USC 10251.

2 USC 10261.

2 USC 10262.

President of U.S.

President of U.S.

(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.) 1 " I- :,

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 1987.21

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

BOARD

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-(I) 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

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- .

.

21

Public Law 102-486 (106 Stat. 2923).

22Public Law 100-203 (101 Stat. 1330) (1987) section 5041, added title IV.

Volume 1, Page 4-82
42 USC 10263.

42 USC 10264.

42 USC 10265.

(I) eminent in a field of scienc

including environmental sciences

(II) selected solely on the basi

distinguished service.

(ii) The membership of the Board

the broad range of scientific and engi

to activities under this title.

I (iii) No person shall be nominateA

Board Who is an employee of-

(I) the Department of Energy;

(II) a national laboratory unde

Department of Energy; or

(III) an entity performing hig.

spent nuclear fuel activities under

Department of Energy.

(4) Any vacancy on the Board shall be fi

appointment process described in paragraph:

(5) Members of the Board shall be appoi

each such term to commence 120 days after

the Nuclear Waste Policy Amendments Act

11 members first appointed to the Board, 5 s

6 shall serve for 4 years, to be designated by

of appointment.

Sec. 503. Functions

The Board shall evaluate the technical and s4

activities undertaken by the Secretary after the d

Nuclear Waste Policy Amendments Act of 1987

(1) site characterization activities; and

(2) activities relating to the packaging or

high-level radioactive waste or spent nuclear

Sec. 504. Investigatory Powers I (a) HEARINGS-Upon request of the Chairrr

members of the Board, the Board may hold such

such times and places, take such testimony, and

the Board considers appropriate. Any member o

administer oaths or affirmations to witnesses api

(b) PRODUCTION OF DOCUMENTS-(1)

Chairman or a majority of the members of the B,

existing law, the Secretary (or any contractor of

provide the Board with such records, files, papej

may be necessary to respond to any inquiry of th V(2) Subject to existing law, information o

(1) shall not be limited to final work product: - shall include drafts of such products and doci

progress.

Sec. 505. Compensation of Members

(a) IN GENERAL-Each member of the Boar

of pay payable for level III of the Executive Scho

(including travel time) such member is engaged i

(b) TRAVEL EXPENSES-Each member of ' travel expenses, including per diem in lieu of sut

manner as is permitted under sections 5702 and

States Code.

e or engineering,

; and

s of established records of

shall be representative of

neering disciplines related

I for appointment to the

r contract with the

-level radioactive waste or

contract with the

led by the nomination and

(1) and (3).

ited for terms of 4 years,

he date of enactment of

)f 1987, except that of the

hall serve for 2 years and

the President at the time

ientific validity of

ite of the enactment of the

includingtransportation of

fuel.

an or a majority of the

hearings, sit and act at

•eceive such evidence, as

' the Board may

earing before the Board.

Jpon the request of the

)ard, and subject to

he Secretary) shall

s, data, or information as - Board under this title.

3tainable under paragraph

* of the Secretary, but

imentation of work in

d shall be paid at the rate

dule for each day

n the work of the Board.

he Board may receive

sistence, in the same

703 of title 5, United

Volume 1, Page 4-83
42 USC I(

42 USC II

Sec. 506. Staff 1 . 1 ,

0266. (a) CLERICAL STAFF-(-) 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.(I) 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 Ill 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.

See. 507. Support Services

0267. (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

maximum annual rate of basic pay payable for GS-18 of the General

Schedule.

Sec. 508. Report

0268. 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.

42 USC IE

Volume 1, Page 4-84
Sec. 509. ý Authorization of Appropriations

42 USC 10269. 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

42 USC 10270. The Board shall cease to exist not later than I year after the date on

which the Secretary begins disposal of high-level radioactive waste or

spent nuclear fuel in a repository...

B. ENERGY POLICY ACT OF 199224

TITLE VIII - HIGH-LEVEL RADIOACTIVE WASTE

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 1994 (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

iecommendations 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 -w-

(A) whether a health-based standard based upon doses to i. ndividual 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.

"

3

Public Law 100-203 (101 Stat. 1330) (1987) section 5051, added title V.

'Note: This Act consists of Public Law 102-486 (106 Stat. 2776) enacted on October 24, 1992, and

generally appears in title 42, United States Code. .

Volume 1, Page 4-85
(B) whether it is reasonable to assume that a system for

post-closure 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 or

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. . - -I

(3) APPLICABILITY-The provisions of this section shall apply

to the Yucca Mountain site, rather than any other authority of the

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 (aO, 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 nuclearVolume 1, Page 4-86
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.

(c) AUTHORIZATION OF APPROPRIATIONS-There are

authorized to be appropriated such sums as may be necessary to carry out

this section.

C. RONALD W. REAGAN NATIONAL DEFENSE

AUTHORIZATION ACT FOR FISCAL YEAR 2005

Sec. 3116. Defense Site Acceleration Completion.

50 USC 2601 (a) IN GENERAL.-Notwithstanding the provisions of the Nuclear

note. 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 "high-level

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 section61.55 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.

Volume 1, Page 4-87
(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, thecovered State, and the following

congressional committees: I. . ..

(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' I 105(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

Volume 1, Page 4-88
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).

D. ENERGY POLICY ACT OF 2005

Sec. 631. Safe Disposal of Greater-Than-Class C Radioactive Waste.'

Notification. (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 I 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-than-Class 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-thanClass 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.-

Deadline. (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.-Tbe plan shall address estimated cost,

resource, and facility needs.

25

Pubfic Law 109-58 (119 Stat. 788), August 8, 2005: added Section 631.

Volume 1, Page 4-89

A. URANIUM MILL TAILINGS RADIATION CONTROL

ACT OF 1978, AS AMENDED

TABLE OF CONTENTS

PAGE 42 USC

Sec.

Sec. 1. Short Title and Table of Contents ...................... 5-3 7901

Sec. 2. Findings and Purposes. .............. ................ 5-3 7901

TITLE I

REMEDIAL ACTION PROGRAM

Sec. 101. Definitions... ......................... 5-3 7911

Sec. 102. Designation of Processing Sites ....................... 5-4 7912

Sec. 103. State Cooperative Agreements.................... 5-6 7913

Sec. 104. Acquisition and Disposition of Lands and Materials ...... 5-8 7914

Sec. 105. Indian Tribe Cooperative Agreements .............. 5-10 7915

Sec. 106. Acquisition of Lands by Secretary .................... 5-11 7916

Sec. 107. Financial Assistance ....... .................. 5-12 7917

Sec. 108. Remedial Action........................ ..... 5-12 7918

Sec. 109. Rules ..... . 5-13 7919

Sec. 110. Enforcement.... ............ 5-13 7920

Sec. 111. Public Participation ..................... * .... 5-14 7921

Sec. 112. Termin cipation ........................... 5-14 7922

Sec. 113. Limitation. ............................... 5-14 7923

Sec. 114. Reports to Congress.......... .......... 5-14 7924

Sec. 115. Active Operations: Liability For Remedial Action ...... 5-15 2011

TITLE II

URANIUM MILL TAILINGS LICENSING AND REGULATION

Sec. 201. Definition ....................................... 5-16 2014

Sec. 202. -,Custody of Disposal Site .......... .... 1. ,......... 5-16 2111

Sec. 203. Authority to Establish Certain Requirements .......... 5-18 2201

Sec. 204. Cooperation With States................. ...... 5-19 2021

Sec. 205. Authorities of Commission Respecting Certain Byproduct

Material................ .... ......... 5-22 2111

Sec. 206. Authority of Environmental Protection Agency Respecting

Certain Byproduct Material ...................... 5-23 2021

Sec. 207. Authorization of Appropriation For Grants ............. 5-25 2014

Sec. 208. Effective Date .................................. 5-25 2014

Sec. 209. Consolidation of Licenses And Procedures ........... 5-25 2011

TITLE HI STUDY AND DESIGNATION OF TWO MILL TAILINGS SITES IN NEW MEXICO

Sec. 301. Study.......................................5-25 2021

Sec. 302. Designation by Secretary ........................... 5-26 7942

Volume 1, Page 5-1
B. PERTINENT PROVISIONS OF THE

ENERGY POLICY ACT OF 1992

PAGE 42 USC

Sec.

TITLE X

REMEDIAL ACTION AND URANIUM REVITALIZATION

Subtitle A - Remedial Action at Active Processing Sites

Sec. 1001. Remedial Action Program .......... 5-27 2296a

Sec. 1002. Regulations ........... 5-28 2296a-I

Sec. 1003. Authorization of Appropriations ... 5-29 2296a-2

Sec. 1004. Definitions......................... ... 5-29 2296a-3

Subtitle B-Uranlum Revitalization

Sec. 1011. Overfeed Program .......................... 5-29 2296b

Sec. 1012. National Strategic Uranium Reserve.......... ..... 5-30 2296b-I

Sec. 1013. Sale of Remaining Doe Inventories...... .......... 5-30 2296b-2

Sec. 1014. Responsibility For The Industry ......... ... 5-30 2296b-3

Sec. 1015. Annual Uranium Purchase Reports .......... .... 5-30 2296b-4

'Sec. 1016. Uranium Inventory Study .......................... 5-31 .2296b-5

Sec. 1017. Regulatory Treatment of Uranium Purchases .......... 5-31 2296b-6

Sec. 1018. Definitions ..................................... 5-32 :2296b-7

C. NATIONAL DEFENSE AUTHORIZATION

FISCAL YEAR 2001

Sec. 3401 Remedial Action at MOAB Site ............. ..... 5-33

Volume 1, Page 5-2
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

42 USC 7901. (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

w 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 soundimanner and to minimize or eliminate radiation

health hazards to the public.

TITLE I-REMEDIAL ACTION PROGRAM

Sec. 101L Definitions

42 USC 7911. 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.

Volume 1, Page 5-3
42 USC 2011 note.

42 USC 202 1.

42 USC 7912.

(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

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

I (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

metal-bearing 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, Colorado

Rifle, Colorado (two sites)

Volume 1, Page 5-4
Gunnison, Colorado

Naturita, Colorado

Maybell, Colorado

Slick Rock, Colorado (two sites)

Shiprock, New Mexico

Ambrosia Lake, New Mexico

Riverton, Wyoming

Converse County, Wyoming

Lakeview, Oregon

Falls City, Texas

Tuba City, Arizona

Monument Valley, Arizona

Lowman, Idaho

Canonsburg, Pennsylvania

Remedial action. 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.,

86 Stat. 222. (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.

Health hazard 7(b) Within one year from the date of the enactment of this Act, the

assessment. -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.

Notification. - (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.

Volume 1, Page 5-5
42 USC 7911. (3) 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- -ý ....

(A) is in the vicinity of the Tennessee Valley Authority uranium

mill site at Edgemont (but not including such site), and

(B) is determined by the Secretary to be contaminated with

residual radioactive materials..

(0(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, 20001.

(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 105-26 1. including-

(A) groundwater 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.!

42 USC 7917. 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

Saction, 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.2

Sec. 103. State Cooperative Agreements

42 USC 79 3. (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

'As amended, Public Law 106-398, section 1, (114 Stat. 1654), October 30, 2000.

2

Public Law 97-415 (96 Stat. 2067X1983), added (3) to section 102(e).

Volume 1, Page 5-6
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. " -

Terms and . (b) Each cooperative agreement under this section shall contain such

Conditions. 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.

Written consent.- (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.

Waiver. (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

7out 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.

M() 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(6XB). 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

Post, p. 3039. 1 (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.

Volume 1, Page 5-7
42 USC 7914.

Residual

radioactive

material, removal.

Notification.

Rules and

regulations.

Sec. 104. Acquisition and Disposition of Lands and Materials

(a) Each cooperative agreement under section -103 shall require the

State where determinedappropriate 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.

(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.

(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

Volume 1, Page 5-8
subparagraph (A) or retained under subparagraph (B) if such site is used

for the disposition of residual radioactive materials.

(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

Post, p. 3039. 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 undersection 103 which permits any sale

described in subsection (e)(l)(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.

Volume 1, Page 5-9
Fair market value. 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 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

42 USC 7915. (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

Terms and Indian tribes resident in the vicinity of any such site.

conditions. 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.

Volume 1, Page 5-10
(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).

Sec. 106. Acquisition of Lands by Secretary 42 USC 7916. - Where necessary or appropriate in order to consolidate in a safe and

Uranium Mill environmentally sound manner the location of residual radioactive

Tailings Remedial materials which are removed from processing sites under cooperative Action agreements under this title or where otherwise necessary for the permanent Amendments Act disposition and stabilization of such materials in such mannerof 1988, ., -, . i (1) the Secretary may acquire land and interest in land for such

42 USC 7901 note. purposes by purchase, donation, or under any other authority of law or

Public lands.. -(2) the Secretary of the Interior may transfer permanently to the

State listing. 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 transferredto the Secretary to carry out the

Volume 1, Page 5-11
purposes of this Act without the Concurrence of the chief administrative

officer of such agency. 3 .2... : 

Sec. 107. Financial Assistance

42 USC 7917. " (a) In thecase 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 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

42 USC 7918. (a)(1) The Secretary or such person as he may designate shall select

Post, p. 3039. 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.

(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.'

Ante, p. 2077; Post, (3) Notwithstanding paragraph (1) and (2) of this subsection, after

p. 2080. 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.5

Evaluation. (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

-Public Law 100-616 (102 Stat. 3192) amended section 106(2).

"Public Law 97-415 (96 Stat. 2067) (1983 section 18 repealed second sentence of section 108(aX2). which

read:

No such remedial action may be undertaken under this section before the promulgation

by the Administrator of such standards.

SPublic Law 97-415 (96 Stat. 2067X1983) section 18 added new paragraph (3) to section 108(a).

Volume 1, Page 5-12
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 person

42 USC 202 1. 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

42 USC 7919. 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 -

42 USC 7920. (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

Notice. hearing Secretary of a civil penalty of not more than $1,000 per day per violation.

opportunity. 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

reviewof such order in accordance with chapter 7 of title 5, United

5 USC 500 ei seq. States Code. The court shall have jurisdiction to enter a judgment

Jurisdiction. 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 districtcourt of the United States. In such action, the

42 USC 7172. 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.

Volume 1, Page 5-13
42 USC 2011 note.

42 USC 792 1.

42 USC 7922.

Water.

42 USC 7923.

42 USC 7924.

. (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.

See. 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.

Sec. 112. Termination: Authorization

(a)(1) The authority of the Secretary to perform remedial action under

this tide 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 1 le.(2) of the

Atomic Energy Act of 1954 (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.

Sec. 113. Limitation

The authority under this title to enter into contacts 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; ' I I I I

6

Public Law 100-616, section 3, (102 Stat. 3192), Nov. 5, 1988; Public Law 102-486, title X, Subtitle C,

section 1031, (106 Stat. 2951), Oct. 24, 1992; Public Law 104-259, section 2 (110 Stat. 3173). Oct. 9, 1996.

Volume 1, Page 5-14
(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

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

Cooperation. 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 Interstate and Foreign 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

42 USC 2011 note.. - (a) No amount may be expended under this title with respect to any site

42 USC 7925. 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.

Volume 1, Page 5-15
42 USC 2021. (b) In the case of each processing site designated under this title, the

Study. 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 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

42 USC 2014. Section 1 le. of the Atomic Energy Act of 1954, is amended to read as

follows:

Byproduct material. 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

42 USC 2111 et , (a) Chapter 8 Of the Atomic Energy Act of 1954, is amended by

seq. adding the following new section at the end thereof:

42 USC 2113. Sec. 83. Ownership And Custody Of Certain By-product Material And

Disposal Sites.-

42 USC 2002. a. Any license issued or renewed after the effective date of this section

42 USC 2014. under section 62 or section 81 for any activity which results in the

42 USC 2111. production of any byproduct materials, as defined in section 1 le.(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

42 USC 2014. (2) ownership of any byproduct material, as defined in

section 1 le.(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.

Volume l,'Page 5-16
Rule, regulation or

order.

42 USC 2092.

(b)(1)(A) The Corqmission 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 1 le.(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 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. I "

(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. I - I : I - (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

Volume 1, Page 5-17
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

Post, p. -3039. 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 .2014. (6) The transfer of title to land or byproduct materials, as defined

in section 1 le.(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 UraniumMill 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 1 le.(2),rthe 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.

42 USC 2113 note. (c) The table of contents for chapter 8 of the Atomic Energy Act of

Effective date. 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 -

42 USC 2 Section 161 of the Atomic Energy Act of 1954, is amended, by adding

the following new subsection at the end thereof: .

42 USC 223 1. 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-:

Volume 1, Page 5-18
42 USC 2014. (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 1 le.(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 1 le.(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. SSec. 204. Cooperation with States

42 USC 2021. (a) Section 274b. of the Atomic Energy Act of 1954, is amended by adding "as defined in section 1 le.(l)" 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(l): 42 USC 2021. (2) byproduct materials as defined in section 1 le.(2); .:,,O(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." Agreement. ,-,, ,. -(c) Section 274n. of such Act is amended by adding the following new

sentence at the end thereof: i"As used in this section, the term "agreement" includes any amendment to any agreement."

• J, (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 Review. (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.

Volume 1, Page 5-19
(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 1 le.(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

Ante, p. 3033. (2) compliance with standards which shall be adopted by the State

Post, p. 3039. 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,

(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 1 le.(2); and

(D) prohibit any major construction activities with respect to

such material prior to complying with the provisions of

subparagraph (C).

Volume 1, Page 5-20
Ante, p. 3033. 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 16 1x. of

42 USC 2201. 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.

42 USC 2021 note. (2) The provisions of the amendment made by paragraph (1) of this

92 Stat. 3037. 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.'

42 USC 2021. (f) Section 274c. of such Act is amended by inserting the following

42 USC 2014. 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 termination

of a license for byproduct material, as defined in section 1 le.(2).

42 USC 2021 note. , (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 1 le.(2) of the Atomic Energy Act of 1954.,

42 USC 2014. (h)(1) During the three-year period beginning on the date of the

42 USC 202 1. enactment of this Act, notwithstanding any other provision of this title, any

92 Stat. 3033. 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 1 le.(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

42 USC 204. date of the enactment of this Act, except that such State authority shall be

92 Stat. 3036. exercised ine 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

42 USC 2022. the date of the enactment of this Act. Nothing in this section shall be

92 Stat. 3039. construed to preclude the Commission or the Administrator of the

Environmental Protection Agency from taking such action under

7

Public Law 96-106 (93 Stat. 800) (1979), section 22(d) amends section 204(e) by adding new paragraph (2)

Volume 1, Page 5-21
42 USC 2014.

42 USC 202 1.

92 Stat. 3033.

42 USC 202 1.

42 USC2111 et

seq.

42 USC 2114.

42 USC 2114.

section 275 of-the Atomic Energy Act of 1954 as may be necessary to,,,

implement title I of this Act. , (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 1 le.(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) 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 overany

activity which results in the production of byproduct material, as

defined in section 1 le.(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 1 le.(2) of the Atomic Energy Act of 1954, the

Commission shall have authority over such byproduct material.9

Provided, however, That, in the case of a State which has exercised any

authority under State law pursuant to an agreement entered into under

section 274 of the Atomic Energy Act of 1954ý 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 1 le.(2), is carried out in such manner as- ý (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 I . I -

'Public Law 96-106 (93 Stat. 799) (1979), section 22(b) amended section 204(hXl) by substituting a

complete new section 204(hXI). Before amendment, section 204(hX)) read as follows:

(HXI) 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 I le.(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.

'Public Law 96-106 (93 Stat. 799) (1979), section 22(a) added section 204(h)(93).

I°Public Law 97-415 (96 Star. 2067) (1983), section 19 added this language.

Volume 1, Page 5-22
42 USC 6091. 1(3) conforms to general requirements -established by the Infra. 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.

Rule, regulation or b. In carrying out its authority under this section, the Commission is order, authorized to-, 42 USC 2111. (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. Ante, p. 3033. Any violation by any person other than the United States or any officer or Civil penalty. employee ofthe 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 42 USC 2282. 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.

42 USC 2111. (b) The first sentence of section 81 of the Atomic Energy Act of 1954, 42 USC 2112. 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. Supra.. - (c) The, table of content for such chapter.8 is amended by inserting the following newitem 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

42 USC 202 1. (a) Chapter 19 of the Atomic Energy Act of 1954, is amended by 42 USC 2022. inserting after section 274 the following new section:

Sec. 275. Health And Environmental Standards For Uranium Mill .Tailings.- Rule. 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 42 USC 6901 note. 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

Volume 1, Page 5-23
Administrator may periodically revise any standard promulgated pursuant

to this subsection.

42 USC 2014. b. (1) As soon as practicable, but not later than eighteen months after

Rule. 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 1 le.(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 1 le.(2) of this Act. The Administrator may periodically revise

42 USC 2021., 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 1 le.(2) or any revision thereof.

Notice, hearing c. (1) Before the promulgation of any rule pursuant to this section, the

opportunity. Administrator shall publish, the proposed rule in the Federal Register,

Publication in together with a statement of the research, analysis, and other available

Federal Register. 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

Consultation. 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.

Judicial Review. (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

5 USC 701 et seq. 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.

Volume 1, Page 5-24
d. Implementation and enforcement of the standards promulgated

pursuant to subsection b. of this section shall be the responsibility of the

42 USC 2021. 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.

33 USC 1251 note. - e. Nothing in this Act applicable to byproduct material, as defined in

42 USC 2014. section I le.(92) of this Act, shall affect the authority of the Administrator

42 USC 7401 note. under the Clean Air Act of 1970, as amended, or the Federal Water Pollution Control Act, as amended. :

42 USC 2018 et I (b) The table of contents for chapter 19 of the Atomic Energy Act is

seq. 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

42 USC 2014 note. 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.

Sec. 209. Consolidation of Licenses and Procedures

42 USC2011 note.- -.The Regulatory Commission shall consolidate, to the maximum extent

42 USC 2113 note. 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

42 USC 2021.

42 USC 7941.

Report to Congress.

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 HomestakeNew 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

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

Volume 1, Page 5-25
42 USC 7942.

Submittal to

congressional

committees.

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 ofthe 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 L

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,

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)).

Approved November 8, 1978.

Volume 1, Page 5-26
B. PERTINENT PROVISIONS OF THE

ENERGY POLICY ACT OF 1992

Public Law 102-486 106 Stat. 2946

October 24, 1992

42 USC 2296a.

TITLE X - REMEDIAL ACTION AND URANIUM

REVITALIZATION

Subtitle A - Remedial Action at Active Processing Sites

Sec. 1001. Remedial Action Program.

(a) INGENERAL. 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 f6r subsequent decontamination,

decommissioning, reclamation, and other remedial action

approved by the Secretary."

(2) AMOUNT.-

(A) To Individual Active-Site Uraniium Licensees.-The amount

of reimbursement paid to any licensee under paragraph (1) shall be

determined by the Secretary in accordance with regulations issued

pursuant to section 2296a-1 of this title and, for uranium mill

tailings only, shall not exceed an amount equal'to $6.25 multiplied "by the dry short tons of byproduct material located on October 24,

1992 at the site of the activities of such licensee described in

subsection (a) of this section, and generated as an incident of sales

to the United StateS.' 2

"As amended, Public Law 104-259, section 3(a), (110 Stat. 3173), Oct. 9, 1996; Public Law 105-388,

section 11(a), (112 Stat. 3484), Nov. 13,1998; Public Law 106-317, section 1 (114 Stat. 1277), October 19,

2000."

2

As amended, Public Law 104-259, section 3(a), (110 Stat. 3173), Oct. 9, 1996; Public Law 105-388,

section 11(a), (112 Stat. 3484). Nov. 13, 1998; Public Law 106-317, section 1 (114 Stat. 1277), October 19,

2000.

Volume 1, Page 5-27
(B) TO ALL ACTIVE SITE URANIUM LICENSEESPayments made under paragraph (1) to active site uranium licensees

shall not in the aggregate exceed $350,000,000.'1

(C) TO THORIUM LICENSEES-Payments made under

paragraph (1) to the licensee of the active thorium site shall not

exceed $140,000,'00014 and may only be made for off-site disposal.

(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 $6.2515 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.16

(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 ownerIshall apply for

reimbursement hereunder by submitting a request for the amount of

reimbursement together with reasonable documentation in support thereof,

to the Secretary. Any such request for reimbursement, supported by

reasonable documentation, shall be approved by the Secretary and

reimbursement therefor shall be made in a timely manner subject only to

the limitations of section 1001.

42 USC 2296a- I.

"As amended, Public Law 104-259, section 3(a), (110 Stat. 3173), Oct. 9, 1996; Public Law 105-388,

section 11(a), (112 Stat. 3484), Nov. 13, 1998; Public Law 106-317, section 1 (114 Stat. 1277), October 19,

2000.

1

4

As amended, Public Law 104-259, section 3(a), (110 Stat. 3173), Oct. 9, 1996; Public Law 105-388,

section Hl(a), (112 Stat. 3484), Nov. 13, 1998; Public Law 106-317, section 1 (114 Stat. 1277), October 19,

2000.

`As amended, Public Law 104-259, section 3(a), (110 Stat. 3173), Oct. 9, 1996; Public Law 105-388,

section 11(a), (112 Stat. 3484), Nov. 13, 1998; Public Law 106-317, section 1 (114 Stat. 1277), October 19,

2000.

`

6

As amended, Public Law 104-259, section 3(a), (110 Stat. 3173), Oct. 9, 1996; Public Law 105-388,

section 11(a), (112 Stat. 3484), Nov.13, 1998; Public Law 106-317, section 1 (114 Stat. 1277), October 19,

2000.

Volume 1, Page 5-28
42 USC 2296a-2.

42 USC 2296a-3.

Sec. 1003. Authorization of Appropriations

(a) IN GENERAL-There is authorized to be appropriated $490,000,000 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.17

(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 1954 (42 U.S.C. 202 1) 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 1 le.(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. (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

42 USC 2296b.

1 As Amended PublicLaw 104-259, section 3(b), (110 Stat. 3174), Oct. 9, 1996; Public Law 105-388,

section 1I (b), (112 Stat. 3485), Nov. 13, 1998.

Volume 1, Page 5-29
42 USC 2296b-L.

42 USC 2296a-2.

42 USC 2296a-3.

42 USC 2296a-4.

the multilateral trade agreements (as defined in section 2(4) of the Uruguay

Round Agreements Act and the North American Free Trade Agreement.'8

See. 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.

See. 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.

(b) CONGRESSIONAL ACCESS-The information provided to the

Secretary pursuant to this section shall be made available to the Congress

by March I of each year.

"'Public Law 102-486, title X, section 1011 (106 Stat. 2948), October 24, 1992; Public Law 106-36, title L

section 1002(g)(1), (113 Stat. 133), June 25, 1999.

Volume 1, Page 5-30
42 USC 2296a-5.

42 USC 2296b-6.

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 invyentory of all Government owned uranium

or uranium equivalents, including natural uranium, depleted tailings,

low-enriched uranium, and highly enriched uranium available for

conversion to commercial use;

(2) a plan for the conversion of inventories of foreign and domestic

highly enriched uranium to low-enriched uranium for commercial use;

(3) an estimation of the potential need of the United States for

inventories of highly enriched uranium;

(4) an analysis and summary of technological requirements and

costs associated with converting highly enriched uranium to

low-enriched uranium, including the construction of facilities if

-necessary;

(5) an estimation of potential net proceeds from the conversion and

sale ofhighly enriched uranium; .... -

: -(6) recommendations for implementing a plan to convert highly

enriched uranium to low-enriched uranium; and

(7) recommendations for the futureuse 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 I 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

'gAs amended, Public Law 106-36, title 1, section 1002(g)(2). (113 Stat. 133), June 25, 1999.

Volume 1, Page 5-31
42 USC 2296b-7.

Sec. 1018. Derfitions

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. 0 2 1

(2) The term "country of origin" means-

(A) with respect to uranium, that country where the uranium was

mined;

(B) with respect to enriched uranium, that country where the

uranium was mined and enriched; or

(C),with respect to enrichment services, that country where the

enrichment services were performed.

(3) The term "domestic origin" refers to any uranium that has been

mined in the United States including uranium recovered from uranium

deposits in the United States by underground mining, open-pit mining,

strip mining.in situ recovery, leaching, and ion recovery, or recovered

from phosphoric acid manufactured in the United States. 1 (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.

'As amended by Public Law 104-134, title Ill, Ch. 1, Subch. A. section 3117(b), (110 Stat. 1321.350).

April 16, 1996. [added "or its successor").

2'As amended, Public Law 104-134, title III, section 3117(b), (110 Sat. 1321-350), April 26, 1996.

Volume 1, Page 5-32
C. NATIONAL DEFENSE AUTHORIZATION

-: FISCAL YEAR 2001

Public Law 106-398 114 Sta. 1654A-484

October 30, 2000

(Provisions Pertaining to Remedial Action at MOAB Site)

TITLE XXXIV-NAVAL PETROLEUM RESERVES

Sec. 3401. Remedial Action at Moab'SiteS .. (1)(A) The Secretary of Energy shall prepare a plan for

remediation,'including ground waterrestoration, of the Moab site in

accordance with title I of the Urahium Mill Tailings Radiation Control

Act of 1978 (42 USC 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 ortreatment of radioa6tiveoi" 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 Nitional 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, 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 fory the materiails at the Moab site issued by the

of 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, unless the Secretary of Energy

determines'that the license may befterminated 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 ihe'Trustee from the Moab Mill Reclamation

Trust, may carry out- ' - . . . I . ' "

... "(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

'(iii) other activities related t6 the Moab site, subject to the

authority of the Nuclear Regulaiory Commission and in

consultation with the Secretary of Energy.

. Volume 1, Page 5-33
(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 but 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 theyvalue 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 the

enactment of the Floyd D. Spence National Defense Authorization Act

'for Fiscal Year 2001, 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.".

(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.

Volume 1, Page 5-34
(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.".

Volume 1, Page 5-35
Ui
A. HAZARDOUS MATERIALS TRANSPORTATION UNIFORM

SAFETY ACT OF 1990, AS AMENDED

TABLE OF CONTENTS

49 USCA, Chapter 51.

(Transportation of Hazardous Material)

Page

Sec. 5101. Purpose ................................... ...... 6-3

Sec. 5102. Definitions .............................................. 6-3

Sec. 5103. General Regulatory Authority ............................... 6-4

Sec. 5103a. Limitation on Issuance of Hazmat Licenses ..................... 6-5

Sec. 5104. Representation and Tampering......... ...................... 6-6

Sec. 5105. Transporting Certain Highly Radioactive Material ............... 6-6

Sec. 5106. Handling Criteria ......................................... 6-7

Sec. 5107. HAZMAT Employee Training Requirements and Grants .......... 6-7

Sec. 5108. Registration ....................................... 8

Sec. 5109. Motor Carrier Safety Permits .......................... 6-11

Sec. 5110. Shipping Papers and Disclosure .............. ............ 6-12

Sec. 5111. Rail Tank Cars .................................. 6-12

Sec. 5112. Highway Routing of Hazardous Material ...................... 6-12

Sec. 5113. Unsatisfactory Safety Rating ............................... 6-14

Sec. 5114. Air Transportation of Ionizing Radiation Material ............... 6-14

Sec. 5115. Training Curriculum for the Public Sector ... ................. 6-15

Sec. 5116. Planning and Training Grants, Monitoring, and Review .......... 6-16

Sec. 5117. Exemptions and Exclusions ............... ............ 6-19

Sec. 5118. Inspectors . ..................................... 6-20

Sec. 5119. Uniform Forms and Procedures ............................. 6-20

Sec. 5120. International Uniformity of Standards and Requirements ......... 6-21

Sec. 5121. Administrative ............. ...................... 6-22

Sec. 5122. Enforcement .............. I ....................... 6-23

Sec. 5123. Civil Penalty .................... ............. .. 6-23

Sec. 5124. Criminal Penalty ................. .................. 6-24

Sec. 5125. Preemption ...................................... 6-24

Sec. 5126. Relationship to Other Laws ................................ 6-26

Sec. 5127. Authorization of Appropriations ............................ 6-26

Volume 1, Page 6-1
B. MISCELLANEOUS PROVISIONS PERTAINING TO

TRANSPORTATION OF PLUTONIUM

TABLE OF CONTENTS

•• Pub Law USC SEC. Page

1. TRANSPORTATION OF PLUTONIUM

Sec. 201 ...........................

2. TITLE V OF PUBLICLAW 94-187

Secs. 501 and 502 .. ........

3. OMNIBUS BUDGET RECONCILIATION

ACT OF 1987

Sec. 5062. Transportation of Plutonium

by Aircraft Through United States ...

Air Space

4. ENERGY POLICY ACT OF 1992

Sec. 2904. Study and Implementation

Plan on Safety of Shipments of

Plutonium by Sea ...................

5. DEPARTMENT OF TRANSPORTATION

AND RELATED AGENCIES

APPROPRIATIONS ACT, 2002

Sec. 352 ...........................

94-79 ... 42 USC 5841 .'6-28

94-187 .. 42 USC 5817 . 6-28

100-202 . 42 USC 584 . 6-29

100-203 . 42 USC 5841 . 6-29

102-486 ................ 6-31

107-87 ............... 6--31

Volume 1, Page 6-2
A. HAZARDOUS MATERIALS TRANSPORTATION UNIFORM

SAFETY ACT OF 1990, AS AMENDED

Public Law 101-615 104 Stat. 3244

Nov. 16, 1990

NOTE: This Actwas recodified in Pub. L. 103-272 (108 Stat. 759); July 5, 1994.

Prior to recodification, this Act was found at 49 USC sections 1801-1819. In this

Volume we have set out the recodified version.

49 USCA, Chapter 51.

TRANSPORTATION OF HAZARDOUS MATERIAL

Sec. 5101. Purpose

The purpose of this chapteris to provide adequate protection against the risks to life

and property inherent in the transportation of hazardous material in commerce by

improving the regulatory and enforcement authority of the Secretary of Transportation.

Sec. 5102. Defimitions

In this Chapter-

(1) "commerce" means trade or transportation in the jurisdiction of the United

States-

(A) between a place in a State and a place outside of the State; or

(B) that affects trade or transportation between a place in a State and a place

.outside of the State.

(2) "hazardous material" means a substance or material the Secretary of

Transportation designates under section 5103(a) of this title.

(3) "hazmat employee"-

(A) means an individual-

(i) employed by a hazmat employer; and

(ii) who during the course of employment directly affects hazardous

material transportation safety as the Secretary decides by, regulation;

(B) includes an owner-operator of a motor vehicle transporting hazardous

material in commerce; and

(C) includes an individual, employed by a hazmat employer, who during the

course of employment-

(i) loads, unloads, or handles hazardous material;.

(ii) manufactures, reconditions, or tests containers, drums, and packagings

represented as qualified for use in transporting hazardous material;

(iii) prepares hazardous material for transportation;

(iv) is responsible for the safety of transporting hazardous material; or

(v) operates a vehicle used to transport hazardous material.

(4) "hazmat employer"- (A) means a person using atleast one employee Of that person in connection

with-

(i) transporting hazardous material in commerce;

(ii) causing hazardous material to be transported in commerce; or

(iii) manufacturing, reconditioning, or testing containers, drums, and

packagings represented as qualified for use in transporting hazardous material;

(B) includes an owner-operator of a motor vehicle transporting hazardous

material in commerce; and

(C) includes a department, agency, or instrumentality of the United States

Government, or an authority of a State, political subdivision of a State, or Indian

Volume 1, Page 6-3
tribe, carrying outian activity described in subclause (A)(i), (ii), or (iii) of this

clause (4).

(5) "imminent hazard" means the existence of a condition that presents a

substantial likelihood that death, serious illness, severe personal injury, or a,

substantial endangerment to health, property, or the environment may occur before the

reasonably foreseeable completion date of a formal proceeding begun to lessen the

risk of that death, illness, injury, or endangerment.

(6) "Indian tribe" has the same meaning given that term in section 4 of the Indian

Self-Determination and Education Assistance Act (25 USC 450b),

(7) "motor carrier" means a motor carrier, motor private carrier, and freight

forwarder as those terms are defined in section 13102 of this title.

(8) "national response team" means the national response team established under

the national contingency plan established under section 105 of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980 (42 USC 9605). (9) "person", in addition to its meaning under section 1 of title 1-

(A) includes a government, Indian tribe, or authority of a government or tribe

offering hazardous material for transportation in commerce or transporting

hazardous material to further a commercial enterprise; but

(B) does not include-

(i) the United States Postal Service; and

(ii) in section 5123 and 5124 of this title, a department, agency, or

instrumentality of the Government.

(10) "public sector employee"-

(A) means an individual employed by a State, political subdivision of a State,

or Indian tribe and who during the course of employment has responsibilities

related to responding to an accident or incident involving the transportation of

hazardous material;

(B) includes an individual employed by a State, political subdivision of a State,

or Indian tribe as a firefighter or law enforcement officer; and

(C) includes an individual who volunteers to serve as a firefighter for a State,

political subdivision of a State, or Indian tribe.

(11) "State" means-

(A) except in section 5119 of this title, a State of the United States, the

District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin

Islands, American Samoa, Guam, and any other territory or possession of the

United States designated by the Secretary; and

I (B) in section 5119 of this title, a State of the United States and the District of

Columbia.

(12) "transports". or "transportation" means the movement of property and loading,

.unloading, or storage incidental to the movement.

(13) "United States" means all of the States.

Sec. 5103. General Regulatory Authority

(a) DESIGNATING MATERIAL AS HAZARDOUS.-The Secretary of

Transportation shall designate material (including an explosive, radioactive material,

etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or corrosive

material, and compressed gas) or a group or class of material as hazardous when the

Secretary decides that transporting the material in commerce in a particular amount and

form may pose an unreasonable risk to health and safety or property.

Volume 1, Page 6-4
(b) REGULATIONS FOR SAFE TRANSPORTATION.-

(1) The Secretary shall prescribe regulations for the safe transportation, including

security,' of hazardous material in intrastate, interstate, and foreign commerce. The

regulations-

(A) apply to a person-

(i) transporting hazardous material in commerce;

(ii) causing hazardous material to be transported in commerce; or

(iii) manufacturing, fabricating, marking, maintaining, reconditioning,

repairing, or testing a packaging or a container that is represented, marked,

certified, or sold by that person as qualified for use in transporting hazardous

material in commerce;

(B) shall govern safety aspects, including security,1 of the transportation of

hazardous material the Secretary considers appropriate.

(C) when prescribing a security regulation or issuing a security order that

affects the safety of the transportation of hazardous material, the Secretary of

Homeland Security shall consult with the Secretary.' (2) A proceeding to prescribe the regulations must be conducted under section 553

of title 5, including an opportunity for informal oral presentation.

Sec. 5103a. Limitation on Issuance of Hazmat Licenses

(a) LIMITATION.-

(1) ISSUANCE OF LICENSES.-A State may not issue to any individual a license

to operate a motor vehicle transporting in commerce a hazardous material unless the

Secretary of Transportation has first determined, upon receipt of a notification under

subsection (c)(1)(B), that the individual does not pose a security risk warranting

denial of the license.

(2) RENEWALS INCLUDED.-For the purposes of this section, the term "issue",

with respect to a license, includes renewal of the license.

(b) HAZARDOUS MATERIALS DESCRIBED.-The limitation in subsection (a)

shall apply with respect to-,

(1) any material defined as a hazardous material by the Secretary of

Transportation; and

(2) any chemical or biological material or agent determined by the Secretary of

Health and Human Services or the Attorney General as being a threat to the national

security of the United States.

(c) BACKGROUND RECORDS CHECK.-

(1) IN GENERAL.-Upon the request of a State regarding issuance of a license

described in subsection (a)(1) to an individual, the Attorney General- ,

(A) shall carry out a background records check regarding the individual; and

(B) upon completing the background records check, shall notify the Secretary

of Transportation of the completion and results of the background records check.

(2) SCOPE.-A background records check regarding an individual under this

subsection shall consist of the following:

(A) A check of the relevant criminal history data bases.

(B) In the case of an alien, a check of the relevant data bases to determine the

status of the alien under the immigration laws of the United States.

(C) As appropriate, a check of the relevant international data bases through

Interpol-U.S. National Central'Bureau or other appropriate means.

(d) REPORTING REQUIREMENT.-Each Sate shall submit to the Secretary of

Transportation, at such time an in such manner as the Secretary may prescribe, the name,

address, and such other information as the Secretary may require, concerning-

(1) each alien to whom the State issues a license described in subsection (a); and

'Public Law 107-296, title XVII, section 1711 (a), 116 Stat. 2319), Nov. 25 2002.

Volume 1, Page 6-5
(2) each other individual to whom such a license is issued, as the Secretary may

require.

(e) ALIEN DEFINED.-In this section, the term "alien" has the meaning given the

term in section 101(a)(3) of the Immigration and Nationality Act [8 USCS

section 1101 (a)(3)).2

Sec. 5104. Representation and Tampering

(a) REPRESENTATION.-A person may represent, by marking or otherwise, that1 (1) a container, package, or packaging (or a component of a container, package, or

packaging) for transporting hazardous material is safe, certified, or complies with this

chapter only if the container, package, or packaging (or a component of a container,

package, or packaging) meets the requirements of each applicable regulation

prescribed under this chapter; or

(2) hazardous material is present in a package, container, motor vehicle, rail

freight car, aircraft, or vessel only if the material is present. (b) TAMPERING.-A person may not alter, remove, destroy, or otherwise pamper

unlawfully with-"

(1) a marking, label, placard, or description on a document required under this

chapter or a regulation prescribed under this chapter; or

(2) a package, container, motor vehicle, rail freight car, aircraft, or vessel used to

transport hazardous material.

Sec. 5105. Transporting Certain Highly Radioactive Material'

(a) DEFINITIONS.-In this section, "high-level radioactive waste'! and "spent nuclear

fuel" have the same meanings given those terms in section 2 of the Nuclear Waste Policy

Act of 1982 (42 USC 10101).

(b) TRANSPORTATION SAFETY STUDY.-In consultation with the Secretary of

Energy, the Nuclear Regulatory Commission, potentially affected States and Indian tribes,

representatives of the rail transportation industry, and shippers of high-level radioactive

waste and spent nuclear fuel, the Secretary of Transportation shall conduct a study

comparing the safety of using trains operated only to transport high-level radioactive

waste and spent nuclear fuel with the safety of using other methods of rail transportation

for transporting that waste and fuel. The Secretary of Transportation shall submit to

Congress not later than November 16, 1991, a report on the results of the study.

(c) SAFE RAIL TRANSPORTATION REGULATIONS.-Not later than

November 16, 1992, after considering the results of the study conducted under

subsection (b) of this section, the Secretary of Transportation shall prescribe amendments

to existing regulations that the Secretary considers appropriate to provide for the safe rail

transportation of high-level radioactive waste and spent nuclear fuel, including trains

operated only for transporting high-level radioactive waste and spent nuclear fuel.

(d) ROUTES AND MODES STUDY.-Not later than November 16, 1991, the

Secretary of Transportation shall conduct a study to decide which factors, if any, shippers

and carriers should consider when selecting routes and modes that would enhance overall

public safety related to the transportation of high-level radioactive waste and spent

nuclear fuel. The study shall include-

(1) notice and opportunity for public comment; and

(2) an assessment of the degree to which at least the following affect the overall

public safety of the transportation:

(A) population densities.

(B) types and conditions of modal infrastructures (including highways,

railbeds, and waterways). .

(C) quantities of high-level radioactive waste and spent nuclear fuel.

(D) emergency response capabilities.

2

Added October 26,2001, Public Law 107-56, title X, section 1012(aXl), 115 Stat. 396.

Volume 1, Page 6-6
(E) exposure and other risk factors.

(F) terrain considerations

(G) continuity of routes.

(H) available alternative routes.

(I) environmental impact factors.

(e) INSPECTIONS OF MOTOR VEHICLES TRANSPORTING CERTAIN

MATERIAL.-

(1) Not later than November 16, 1991, the Secretary of Transportation shall

require by regulation that before each use of a motor vehicle to transport a

highway-route-controlled quantity of radioactive material in commerce, the vehicle

shall be inspected and certified as complying with this chapter and applicable United

States motor carrier safety laws and regulations. The Secretary may require that the inspection be carried out by an authorized United States Government inspector or

according to appropriate State procedures.

(2) The Secretary of Transportation may allow a person, transporting or causing to be transported a highway-route-controlled quantity of radioactive material, to inspect the motor vehicle used to transport the material and to certify that the vehicle complies with this chapter. The inspector qualification requirements the Secretary prescribes for an individual inspecting a motor vehicle apply to an individual conducting an

inspection under this paragraph.

Sec. 5106. Handling Criteria

The Secretary of Transportation may prescribe criteria for handling hazardous

material, including-

(1) a minimum number of personnel; (2) minimum levels of training and qualifications for personnel; (3) the kind and frequency of inspections; . (4) equipment for detecting, warning of, and controlling risks posed by the

hazardous material;,

(5) specifications for the use of equipment and facilities used in handling and t•ransporting the hazardous material; and

(6) a system of monitoring safety procedures for transporting the hazardous

material,:

Sec. 5107. HAZMAT Employee Training Requirements and Grants.

(a) TRAINING REQUIREMENTS.-The Secretary of Transportation shall prescribe by regulation requirements for training that a hazmat employer must give hazmat

employees of the employer on the safe loading, unloading, handling, storing, and

transporting of hazardous material and emergency preparedness for responding to an accident or incident involving the transportation of hazardous material. The regulations- (1) shall establish the date, as provided by subsection (b) of this section, by which

the training shall be completed; and

(2) may provide for different training for different classes or categories of

hazardous material and hazmat employees.

t (b) BEGINNING AND COMPLETING TRAINING.-A hazmat employer shall begin the training of hazmat employees of the employer not later than 6 months after the

Secretary of Transportation prescribes the regulations under subsection (a) of this section. The training shall:be completed within a reasonable period oftime after-

(1) 6 months after the regulations are prescribed; or

(2) the date on which an individual is to begin carrying out a duty or power of a hazmat employee if the individual is employed as a hazmat employee after the

6-month period., -:

(c) CERTIFICATION OF TRAINING.-After completing the training, each hazmat

employer shall certify, with documentation the Secretary of Transportation may require by regulation, that the hazmat employees of the employer have received training and have

Volume 1, Page 6-7
been tested on appropriate transportation areas of responsibility, including at least one of

the following:

(1) recognizing and understanding the Department of Transportation hazardous

material classification system.

(2) the use and limitations of the Department hazardous material placarding,

labeling, and marking systems.

(3) general handling procedures, loading and unloading techniques, and strategies

to reduce the probability of release or damage during or incidental to transporting

hazardous material.

(4) health, safety, and risk factors associated with hazardous material and the

transportation of hazardous material.

(5) appropriate emergency response and communication procedures for dealing

with an accident or incident involving hazardous material transportation.

(6) the use of the Department Emergency Response Guidebook and recognition of

its limitations or the use of equivalent documents and recognition of the limitations of

those documents.

(7) applicable hazardous material transportation regulations.

(8) personal protection techniques.

(9) preparing a shipping document for transporting hazardous material.

(d) COORDINATION OF TRAINING REQUIREMENTS.-In consultation with the

Administrator of the Environmental Protection Agency and the Secretary of Labor, the

Secretary of Transportation shall ensure that the training requirements prescribed under

this section do not conflict with or duplicate-

(1) the requirements of regulations the Secretary of Labor prescribes related to

hazard communication, and hazardous waste operations, and emergency response that

are contained in part 1910 of title 29, Code of Federal Regulations; and

(2) the regulations the Agency prescribes related to worker protection standards

for hazardous waste operations that are contained in Part 311 of title 40, Code of

Federal Regulations.

(e) TRAINING GRANTS.-The Secretary shall, subject to the availability of funds

under section 5127(c)(3), make grants for training instructors to train hazmat employees

under this section. A grant under this subsection shall be made to a nonprofit hazmat

employee organization that demonstrates-

(1) expertise in conducting a training program for hazmat employees; and

(2) the ability to reach and involve in a training program a target population of

hazmat employees.

(f) RELATIONSHIP TO OTHER LAWS.-

(1) Chapter 35 of title 44 does not apply to an activity of the Secretary of

Transportation under subsections (a)-(d) of this section.

(2) An action of the Secretary of Transportation under subsections (a)-(d) of this

section and sections 5106, 5108(a)-(g)(1) and (h), and 5109 of this tite is not an

exercise, under section 4(b)(1) of the Occupational Safety and Health Act of 1970 (29

USC 653(b)(1)), of statutory authority to prescribe or enforce standards or regulations

affecting occupational safety or health.

(g) EXISTING EFFORT.-No grant under subsection (e) shall supplant or replace

existing employer-provided hazardous materials training efforts or obligations.

See. 5108. Registration

(a) PERSONS REQUIRED TO FILE.-

(1) A person shall file a registration statement with the Secretary of Transportation

under this subsection if the person is transporting or causing to be transported in

commerce any of the following:

(A) a highway-route-controlled quantity of radioactive material.

Volume 1, Page 6-8
(B) more than 25 kilograms of a class A or B explosive in a motor vehicle, rail

car, or transport container.

(C) more than one liter in each package of a hazardous material the Secretary

designates as extremely toxic by inhalation.

(D) hazardous material in a bulk packaging, container, or tank, as defined by

the Secretary, if the bulk packaging, container, or tank has a capacity of at least

3,500 gallons or more than 468 cubic feet. I .

(E) a shipment of at least 5,000 pounds (except in a bulk packaging) of a class

of hazardous material for which placarding of a vehicle, rail car, or freight container is required under regulations prescribed under this chapter. (2) The Secretary of Transportation may require any of the following persons to

file a registration statement with the Secretary under this subsection:

(A) a person transporting or causing to'be transported hazardous material in

commerce and not required to file a registration statement under paragraph (1) of

this subsection.

(B) a person manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a package or container the person represents, marks, certifies,

or sells for use in transporting in commerce hazardous material the Secretary

designates.

* (3) A person required to file a registration statement under this subsection may

transport or cause to be transported, or manufacture, fabricate, mark, maintain,

recondition, repair, or test a package or container for use in transporting,: hazardous

material, only if the person has a statement on file as required by this subsection.

(4) The Secretary may waive the filing of a registration statement, or thepayment

of a fee, required under this subsection, or both, for any person not domiciled in the

United States who solely offers hazardous materials for transportation to the United

States from a place outside the United States if the country of which such person is a

domiciliary does not require persons domiciled in the United States who solely offer

hazardous materials for transportation to the foreign country from places in the United

States to file registration statements, or to pay fees, for'making such an offer.

(b) FORM, CONTENTS, AND LIMITATION ON FILINGS. I ... . 1 (1) A registration statement under subsection (a) of this section shall be in the form

and contain information the Secretary of Transportation requires by regulation. The

Secretary may use existing forms of the Department of Transportation and the

Environmental Protection Agency to carry out this subsection. The statement shall

include-

(A) the name and principal place of business of the registrant;

(B) a description of each activity the registrant carries out for which filing a

statement under subsection (a) of this section is required; Iand

(C) each State in which the person carries out the activity - (2) A person carrying out more than one activity, or an activity at more than one

location, for which filing is required only has to file one registration statement to

comply with subsection (a) of this section.

(c) FILING DEADLINES AND AMENDMENTS.-

(1) Each person required to file a registration statement under subsection (a) of

this section must file the first statement not later than March 31, 1992. The Secretary of Transportation may extend that date to September 30, 1992, for activities referred

to in subsection (a)(1) of this section. A person shall renew the statement periodically consistent with regulations the Secretary prescribes, but not more than once each year and not less than once every 5 years.

(2) The Secretary of Transportation shall decide by regulation when and under

what circumstances a registration statement must be amended and the procedures to

follow in amending the statement.

Volume 1, Page 6-9
(d) SIMPLIFYING THE REGISTRATION PROCESS.-The Secretary of

Transportation may take necessary action to simplify the registration process under

subsections (a)-(c) of this section and to minimize the number of applications, documents,

and other information a person is required to file under this chapter and other laws of the

United States.

(e) COOPERATION WITH ADMINISTRATOR.-The Administrator of the

Environmental Protection Agency shall assist the Secretary of Transportation in carrying

out subsections (a)-(g)(1) and (h) of this section by providing the Secretary with

information the Secretary requests to carry out the objectives of subsections (a)-(g)(I) and

(h).

(f) AVAILABILITY OF-STATEMENTS.-The Secretary of Transportation shall

make a registration statement filed under subsection (a) of this section available for

inspection by any person for a fee the Secretary establishes. However, this subsection

does not require the release of information described in section 552(b) of title 5 or

otherwise protected by law from disclosure to the public.

(g) FEES.-

(1) The Secretary of Transportation may establish, impose, and collect from a

person required to file a registration statement under subsection (a) of this section a

fee necessary to pay for the costs of the Secretary in processing the statement.

(2)(A) In addition to a fee established under paragraph (1) of this subsection, the

Secretary of Transportation shall establish and impose by regulation and collect an

annual fee. Subject to subparagraph (B) of this paragraph, the fee shall be at least

$250 but not more than $5,000 from each person required to file a registration

statement under this section. The Secretary shall determine the amount of the fee

under this paragraph on at least one of the following:

(i) gross revenue from transporting hazardous material.

(ii) the type of hazardous material transported or caused to be transported.

(iii) the amount of hazardous material transported or caused to be transported.

(iv) the number of shipments of hazardous material.

(v) the number ofractivities that the person carries out for which filing a

registration statement is required under this section.

(vi) the threat to property, individuals, and the environment from an accident

or incident involving the hazardous material transported or caused to be

transported. (vii) the percentage of gross revenue derived from transporting hazardous

material.

(viii) the amount to be made available to carry out sections 5108(g)(2), 5115,

and 5116 of this tide.

(ix) other factors the Secretary considers appropriate.

(B) The Secretary of Transportation shall adjust the amount being collected under

this paragraph to reflect any unexpended balance in the account established under

section 5116(i) of this title. However, the Secretary is not required to refund any fee

collected under this paragraph.

(C) The Secretary of Transportation shall transfer to the Secretary of the Treasury

amounts the Secretary of Transportation collects under this paragraph for deposit in

the account the Secretary of the Treasury establishes under section 5116(i) of this title.

(h) MAINTAINING PROOF OF FILING AND PAYMENT OF FEES.-The

Secretary of Transportation may prescribe regulations requiring a person required to file a

registration statement under subsection (a) of this section to maintain proof of the filing

and payment of fees imposed under subsection (g) of this section.

(i) RELATIONSHIP TO OTHER LAWS.-

(1) Chapter 35 of title 44 does not apply to an activity of the Secretary of

Transportation under subsections (a)-(g)(1) and (h) of this section.

Volume 1, Page 6-10
(2)(A) This section does not apply to an employee of a hazmat employer. (B) Subsections (a)-(h) of this section do not apply to a department, agency, or

instrumentality of the United States Government, an authority of a State or political

subdivision of a State, or an employee of a department, agency, instrumentality, or

authority carrying out official duties.

Sec. 5109. Motor Carrier Safety Permits . a) REQUIREMENT.-A motor carrier may transport or.cause to be transported by

motor vehicle in commerce hazardous material only if the carrier holds a safety permit the

Secretary of Transportation issues under this section authorizing the transportation and

keeps a copy of the permit, or other proof of its existence, in the vehicle. The Secretary

shall issue a permit if the Secretary finds the carrier.is fit,, willing, and able-

(1) to provide the transportation to be authorized by the permit;

(2) to comply with this chapter and regulations the Secretary prescribes to carry

out this chapter; and 1 (3) to comply with applicable United States motor carrier safety laws and

regulations and applicable minimum financial responsibility laws and regulations.

(b) APPLICABLE TRANSPORTATION.-The Secretary shall prescribe by regulation

the hazardous material and amounts of hazardous material to which this section applies.

However, this section shall apply at least to transportation by a motor carrier, in amounts

the Secretary establishes, ofS(1) a class A-orB explosive;

(2) liquefied natural gas; . (3) hazardous material the Secretary designates as extremely toxic by inhalation;

and

(4) a highway-route-controlled quantity of radioactive material, as defined by the

Secretary.

(c) APPLICATIONS.-A motor carrier shall file an application :with the Secretary for

a safety permit to provide transportation under this section. The Secretary may approve

any part of the application or deny the applicationm The application shall be under oath

-and contain information the Secretary requires by regulation.

(d) AMENDMENTS, SUSPENSIONS, AND REVOCATIONS.-

(1) After notice and an opportunity for a hearing, the Secretary may amend,

suspend, or revoke a safety permit, as provided by procedures prescribed under

-subsection (e) of this section, when the Secretary decides the motor carrier is not

complying with a requirement of this chapter, a regulation prescribed under this

chapter, or an applicable United States motor carrier safety law oruregulation or.

minimum financial responsibility law or regulation.

S 1(2) If the Secretary decides an imminent hazard exists, the Secretary may amend,

suspend, or revoke a permit before scheduling a hearing. -, .

(e) PROCEDURES.-The Secretary shall prescribe by regulation-

-, (1)%application procedures, including form, content, and fees necessary to recover

the complete cost of carrying out this section;-

(2) standards for deciding the duration, terms, and limitations of a safety permit;

(3) procedures to amend, suspend, or revoke a permit; and

(4) other procedures the Secretary considers appropriate to carry out this section.

(f) SHIPPER RESPONSIBILITY.-A person offering hazardous material for motor

vehicle transportation in commerce may offer the material to a motor carrier only if the

carrierbhas a safety permit issued under this section authorizing the transportation.

(g) CONDITIONS.-Armotor carrier may provide transportation under a safety permit

issued under this section only if the carrier complies with conditions the Secretary finds

are required to protect public safety.

(h) REGULATIONS.-The Secretary shall prescribe regulations necessary to carry out

this section not later than November 16, 1991.

Volume 1, Page 6-11
Sec. 5110. Shipping Papers and Disclosure

(a) PROVIDING SHIPPING PAPERS.-Each person offering for transportation in

commerce hazardous material to which the shipping paper requirements of the Secretary

of Transportation apply shall provide to the carrier providing the transportation a shipping

paper that makes the disclosures the Secretary prescribes under subsection (b) of this

section.

*(b) CONSIDERATIONS AND REQUIREMENTS.-In carrying out subsection (a) of

this section, the Secretary shall consider and may require-

(1) a description of the hazardous material, including the proper shipping name;

(2) the hazard class of the hazardous material;

(3) the identification number (UN/NA) of the hazardous material;

(4) immediate first action emergency response information or a way for

;appropriate reference to the information (that must be available immediately); and

(5) a telephone number for obtaining more specific handling and mitigation

information about the hazardous material at any time during which the material is

transported.

(c) KEEPING SHIPPING PAPERS ON THE VEHICLE.-

(1) A motor carrier, and the person offering the hazardous material for

transportation if a private motor carrier, shall keep the shipping paper on the vehicle

transporting the material.

(2) Except as provided in paragraph (1) of this subsection, the shipping paper shall

be kept in a location the Secretary specifies in a motor vehicle, train, vessel, aircraft,

or facility until-

(A) the hazardous material no longer is in transportation; or

(B) the documents are made available to a representative of a department,

agency, or instrumentality of the United States Government or a State or local

authority responding to an accident or incident involving the motor vehicle, train,

vessel, aircraft, or facility.

(d) DISCLOSURE TO EMERGENCY RESPONSE AUTHORITIES.-When an

incident involving hazardous material being transported in commerce occurs, the person

transporting the material, immediately on request of appropriate emergency response

authorities, shall disclose to the authorities information about the material.

(e) RETENTION OF PAPERS.-After the hazardous material to which a shipping

paper provided to a carrier under subsection (a) applies is no longer in transportation, the

person who provided the shipping paper and the carrier required to maintain it under

subsection (a) shall retain the paper or electronic image thereof for a period of 1 year to

be accessible through their respective principal places of business. Such person and

carrier shall, upon request, make the shipping paper available to a Federal, State, or local

government agency at reasonable times and locations.

Sec. 5111. Rail Tank Cars

A rail tank car built before January 1,1971, may be used to transport hazardous

material in commerce only if the air brake equipment support attachments of the car

comply with the standards for attachments contained in sections 179.100-16 and

179.200-19 of title 49, Code of Federal Regulations, in effect on November 16, 1990.

See. 5112. Highway Routing of Hazardous Material

(a) APPLICATION.-

;(1) This section applies to a motor vehicle only if the vehicle is transporting

hazardous material in commerce for which placarding of the vehicle is required under

regulations prescribed under this chapter. However, the Secretary of Transportation by

regulation may extend application of this section 6r a standard prescribed under

subsection (b) of this section to-

(A) any use of a vehicle under this paragraph to transport any hazardous

material in commerce; and

Volume 1, Page 6-12
(B) any motor vehicle used to transport hazardous material in commerce.

(2) Except as provided by subsection (d) of this section and section 5125(c) of this

title, each State and Indian tribe may establish, maintain, and enforce-

(A) designations of specific highway routes over which hazardous material

may and may not be transported by motor vehicle; and -:- g ý

(B) limitations and requirements related to highway routing.

(b) STANDARDS FOR STATES AND INDIAN TRIBES.-. . (1) The Secretary, in consultation with the States, shall prescribe by regulation

standards for States and Indian tribes to use in carrying out subsection (a) of this

section. The standards shall include-

(A) a requirement that a highway routing designation, limitation, or

requirement of a State or Indian tribe shall enhance public safety in the area

subject to the jurisdiction of the State or tribe and in areas of the United States not

subject to the jurisdiction of the State or tribe and directly affected by the

designation, limitation, or requirement; I .

(B) minimum procedural requirements to ensure public participation when the

State or Indian tribe is establishing a highway routing designation, limitation, or

requirement;

(C) a requirement that, in establishing a highway routing designation,

limitation, or requirement, a State or Indian tribe consult with appropriate State,

local, and tribal officials having jurisdiction over areas of the United States not

subject to the jurisdiction of that State or tribe establishing the designation,

limitation, or requirement and with affected industries; (D) a requirement that a highway routing designation, limitation, or

requirement of a State or Indian tribe shall ensure through highway routing for the

transportation of hazardous material between adjacent areas;

(E) a requirement that a highway routing designation, limitation, or

requirement of one State or Indian tribe-affecting the transportation of hazardous

material in another State or tribe may be established, maintained, and enforced by the State or tribe establishing the designation, limitation, orurequirement only if-

(i) the designation, limitation, or requirement is agreed to by the other State

or tribe within a reasonable period or is approved by the Secretary under

subsection (d) of this section; and

(ii) the designation, limitation, or requirement is not an unreasonable

' ,b urden o n co m m e'rce ; , ' , . .. , ;% - ý t .", 

(F) a requirement-that establishing a highway routing designation, limitation, or

requirement of a State or -Indian tribe be completed in a timely way;

: (G).a requirement that a highway routing designation, limitation, or

requirement of a State or Indian tribe provide reasonable routes for motor vehicles

transporting hazardous material to reach terminils, facilities for f6odfuel, repairs,

and rest, and places to load and unload hazardous material;

(H) a requirement that a State be responsible-, . (i) for ensuring that political subdivisions of the State comply with - standards prescribed under this subsection in establishing, maintaining, and

',enforcing a highway routing designation, limitation,.or requirement; and

v(ii).for resolving a dispute between political subdivisions; and

-,(I) a requirement that, in carrying out subsection (a) of this section, a State or

Indian tribe shall consider-. .

(i) population densities;

(ii) the types of highways;

(iii) the types and amounts of hazardous material;

(iv) emergency response capabilities;

(v) the results of consulting with affected persons;

Volume 1, Page 6-13
(vi) exposure and other risk factors;

(vii) terrain considerations;

(viii) the continuity of routes;

(ix) alternative routes;

(x) the effects on commerce;

(xi) delays in transportation;. and

(xii) other factors the Secretary considers appropriate.

(2) The Secretary may not assign a specific weight that a State or Indian tribe shall

use when considering the factors under paragraph (1)(1) of this subsection.

(c) LIST OF ROUTE DESIGNATIONS.-In coordination with the States, the.

Secretary shall update and-publish periodically a list of currently effective hazardous

material highway route designations.: .

*(d) DISPUTE RESOLUTION.-

(1) The Secretary shall prescribe regulations for resolving a dispute related to

through highway routing or to an agreement with a proposed highway.route - designation, limitation, or requirement between or among States, political subdivisions

of different States, or Indian tribes.

(2) A State or Indian tribe involved in a dispute under this subsection may petition

the Secretary to resolve the dispute. The Secretary shall resolve the dispute not later

than one year after receiving the petition. The resolution shall provide the greatest

level of highway safety without being an unreasonable burden on commerce and shall

ensure compliance with standards prescribed under subsection (b) of this section.

(3)(A) After a petition is filed under this subsection, a civil action about the

subject matter of the dispute may be brought in a court only after the earlier of-

(i) the day the Secretary issues a final decision; or

(ii) the last day of the one-year period beginning on the day the Secretary

receives the petition.

(B) A State or Indian tribe adversely affected by a decision of the Secretary

under this subsection may bring a civil action for judicial review of the decision in

.an appropriate district court of the United States not later than 89 days after the

day the decision becomes final.

(e) RELATIONSHIP TO OTHER LAWS.-This section and regulations prescribed

under this section do not affect section 31111 and 31113 'of this title or section 127 of

title 23.

(f) EXISTING RADIOACTIVE MATERIAL ROUTING REGULATIONS.-The

Secretary is not required to amend or again prescribe regulations related to highway

routing designations over which radioactive material may and may not be transported by

motor vehicles, and limitations and requirements related to the routing, that were in effect

on November 16,1990.,

Sec. 5113. Unsatisfactory Safety Rating,

See section 31144. [(a) to (d) Repealed. Public Law 105-178, title IV,

section 4009(b), June 9, 1998, 112 Stat. 407].

See. 5114. Air Transportation of Ionizing Radiation Material

(a) TRANSPORTING IN AIR COMMERCE.-Material that emits ionizing radiation

spontaneously may be transported on a passenger-carrying aircraft in air commerce (as

defined in section 40102(a) of this title) only if the material is intended for a use in, or

incident to, research or medical diagnosis or treatment and does not present an

unreasonably hazard to health and safety when being prepared for, and during,

transportation.

(b) PROCEDURES.-The Secretary of Transportation shall prescribe procedures for

monitoring and enforcing regulations prescribed under.this section.

. Volume 1, Page 6-14
(c) NON-APPLICATION.-This section does not apply to material the Secretary

decides does not pose a significant hazard to health or safety when transported because of

its low order of radioactivity.

Sec. 5115. Training.Curriculum for the Public Sector

(a) DEVELOPMENT AND UPDATING.-Not later than November 16, 1992, in

coordination with the Director of the Federal Emergency Management Agency, Chairman

of the Nuclear Regulatory Commission, Administrator of the Environmental Protection

Agency, Secretaries of Labor, Energy, and Health and Human Services, and Director of

the National Institute of Environmental Health Sciences, and using the existing

coordinating mechanisms of the national response team and, for radioactive material, the

Federal Radiological Preparedness Coordinating Committee, the Secretary of

Transportation shall develop and update periodically a curriculum consisting of a list of

courses necessary to train public sector emergency response and preparedness teams.

Only in developing the curriculum, the Secretary of Transportation shall consult with

regional response teams established under the national contingency plan established under

section 105 of the Comprehensive Environmental Response, Compensation, and Liability

Act of 1980 (42:USC 9605), representatives of commissions established under

section 301 of the Emergency Planning and Community Right-To-Know Act of 1986 (42

USC 11001), persons (including governmental entities) that provide training for

responding to accidents and incidents involving the transportation of hazardous material,

and representatives of persons that respond to those accidents and incidents.

(b) REQUIREMENTS.-The curriculum developed under subsection (a) of this

section-

(1) shall include-

(A) a recommended course of study to train public sector employees to

respond to an accident or incident involving the transportation of hazardous

material and to plan for those responses;

(B) recommended basic courses and minimum number of hours of instruction

,necessary for public sector employees to be able to respond safely and efficiently

to an accident or incident involving the transportation of hazardous material and to

plan those responses,:and.

(C) appropriate emergency response training and planning programs for public

sector employees developed under other United States Government grant

programs, .including those developed with grants made under section 126(g) of the

Superfund Amendments and Reauthorization Act of 1986 (42 USC 9660a); and

(2) may.-include recommendations on material appropriate for use in a

recommended basic course described in clause (1)(B) of this subsection. %

(c) TRAINING ON COMPLYING WITH LEGALREQUIREMENTS.-A

recommended basic course -described, in subsection (b)(1)(B) of this section shall provide

the training necessary for public sector employees to comply with- . .

(1) regulations related to hazardous waste operations and emergency response

-contained in Part 1910 of title 29, Code of Federal Regulations, prescribed by the

Secretary of Labor;

(2) regulations related to worker protection standards for hazardous waste

operations contained in Part 311 of title 40, Code of Federal Regulations, prescribed

by the Administrator; and . , I o(3) standards related to emergency response training prescribed by the National

Fire Protection Association.

(d) DISTRIBUTION AND PUBLICATION.-With the national response team-

(1) the Director of the Federal Emergency Management Agency shall distribute

the curriculum andany updates to the curriculum to the regional response teams and

all committees and commissions established under section 301 of the Emergency

Planning and Community Right-To-Know Act of 1986 (42 USC 11001); and

Volume 1, Page 6-15
1 (2) the Secretary of Transportation may publish a list of programs that uses a

course developed under this section for training public sector employees to respond to

an accident or incident involving the transportation of hazardous material.

Sec. 5116. Planning and Training Grants, Monitoring, and Review

(a) PLANNING GRANTS.-

(1) The Secretary of Transportation shall make grants to States and Indian tribes-

(A) to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right-To-Know Act of 1986 (42 USC 11001 et seq.), including ascertaining flow patterns of hazardous material on lands under the:

jurisdiction of a State or Indian tribe, and between lands under the jurisdiction of a

State or Indian tribe and lands of another State or Indian tribe; and

(B) to decide on the need for a regional hazardous material emergency,

response team.

ý(2) The Secretary of Transportation may make a grant to a State or Indian tribe

under paragraph (1) of this subsection in a fiscal year only if-

(A) the State or Indian tribe certifies that the total amount the State or Indian

tribe expends (except amounts of the United States Government) to develop,

improve, and carry out emergency plans under the Act will at least equal the

average level of expenditure for the last two fiscal years; and

(B) the State agrees to make available at least 75 percent of the amount of the

grant under paragraph (1) of this subsection in the fiscal year to local emergency

planning committees established under section 301(c) of the Act (42 USC

11001(c)) to develop emergency plans under the Act.

(3) A State or Indian tribe receiving a grant under this subsection shall ensure that

planning under the grant is coordinated with emergency planning conducted by

adjacent States and Indian tribes.

(b) TRAINING GRANTS.-

(1) The Secretary of Transportation shall make grants to States and Indian tribes to

train public sector employees to respond to accidents and incidents involving

hazardous material.

(2) The Secretary of Transportation may make a grant under paragraph (1) of this

subsection in a fiscal year-

.(A) to a State or Indian tribe only if the State or tribe certifies that the total

amount the State or tribe expends (except amounts of the Government) to train

public sector employees to respond to an accident or incident involving hazardous

material will at least equal the average level of expenditure for the last two fiscal

years;

(B) to a State or Indian tribe only if the State or tribe makes an agreement with

the Secretary that the State or tribe will use in that fiscal year, for training public

sector employees to respond to an accident or incident involving hazardous

material- r I I I

(i) a course developed or identified under section 5115 of this title; or

(ii) another course the Secretary decides is consistent with the objectives of

this section; and

(C) to a State only if the State agrees to make available at least 75 percent of

the amount of the grant under paragraph (1) of this subsection in the fiscal year for

training public sector employees a political subdivision of the State employs or

uses.

(3) A grant under this subsection may be used-

(A) to pay-

(i) the tuition costs of public sector employees being trained;

:(ii) travel expenses of those employees to and from the training facility;

(iii) room and board of those employees when at the training facility; and

, Volume 1, Page 6-16
(iv) travel expenses of individuals providing the training;

(B) by the State, political subdivision, or Indian tribe to provide the training;

and

(C) to make an agreement the Secretary of Transportation approves authorizing

a person (including an authority of a State or political subdivision of a State or

Indian tribe) to provide the training- .

(i) if the agreement allows the Secretary and the State or tribe to conduct

random examinations, inspections, and audits of the training without prior

notice; and

(ii) if the State or tribe conductsat least one on-site observation of the

training each year.

(4) The Secretary of Transportation shall allocate amounts made available for

grants under this subsection for a fiscal year among eligible States and Indian tribes

based on the needs of the States and tribes for emergency response training. In

making a decision about those needs, the Secretary shall consider-

(A) the number of hazardous material facilities in the State or on land under

the jurisdiction of the tribe;

(B) the types and amounts of hazardous material transported in the State or on

that land; I (C) whether the State or tribe imposes and collects a fee on transporting

hazardous material;

(D) whether the fee is used only to carry out a purpose related to transporting

hazardous material; and

(E) other factors the Secretary decides are appropriate to carry out this

subsection.

(c) COMPLIANCE WITH CERTAIN LAW.-The Secretary of Transportation may

make a grant to a State under this section in a fiscal year only if the State certifies that the

State complies with sections 301 and 303 of the Emergency Planning and Community

Right-To-Know Act of 1986 (42 USC 11001, 11003).

• (d) APPLICATIONS.-A State or Indian tribe interested in receiving a grant under this

section shall submit an application to the Secretary of Transportation. The application

must be submitted at the time, and contain information, the Secretary requires by

regulation to carry out the objectives of this section. L , t I -

(e) GOVERNMENT'S SHARE OF COSTS.-A grant under this section is for 80

percent of the cost the State or Indian tribe incurs in the fiscal year to carry out the

activity for which the grant is made. Amounts of the State or tribe under

subsections (a)(2)(A) and (b)(2)(A) of this section are not part of the non- Government

share under this subsection.

(f) MONITORING AND TECHNICAL ASSISTANCE.-In coordination with the

Secretaries of Transportation and Energy, Administrator of the Environmental Protection

Agency, and Director of the National Institute of Environmental Health Sciences, the

Director of the Federal Emergency Management Agency shall monitor public sector

emergency response planning and training for an accident or incident involving hazardous

material. Considering the results of the monitoring, the Secretaries, Administrator, and

Directors each shall provide technical assistance to a State, political subdivision of a

State, or Indian tribe for carrying out emergency response training and planning for an

accident or incident involving hazardous material and shall coordinate the assistance

using the existing coordinating mechanisms of the national response team and, for

radioactive material, the Federal Radiological Preparedness Coordinating Committee.

(g) DELEGATION OF AUTHORITY.-To minimize administrative costs and to

coordinate Government grant programs for emergency response training and planning, the

Secretary of Transportation may delegate to the Directors of the Federal Emergency

Management Agency and National Institute of Environmental Health Sciences, Chairman

Volume 1, Page 6-17
of the Nuclear Regulatory Commission, Administrator ofthe Environmental Protection

Agency, and Secretaries of Labor and Energy any of the following:.

(1) authority to receive applications for grants under this section.

(2) authority to review applications for technical compliance with' this section.

(3) authority to review applications to recommend approval or disapproval.

(4) any other ministerial duty associated with grants under this section.

(h) MINIMIZING DUPLICATION OF EFFORT AND EXPENSES.-The Secretaries

ofTransportation, Labor, and Energy, Directors of the Federal Emergency Management

Agency and National Institute of Environmental Health Sciences, Chairman of the

Nuclear Regulatory Commission, and Administrator of the Environmental Protection

Agency shall review periodically, with the head of each department, agency, or

instrumentality of the Government, all emergency response and preparedness training

programs of that department, agency, or instrumentality to minimize duplication of effort

and expense of the department, agency, or instrumentality in carrying out the programs

and shall take necessary action to minimize duplication.

(i) ANNUAL REGISTRATION FEE ACCOUNT AND ITS USES.-The Secretary of

the Treasury shall establish an account in the Treasury into which the Secretary of the

Treasury shall deposit amounts the Secretary of Transportation collects under

section 5 108(g)(2)(A) of this title and transfers to the Secretary of the Treasury under

section 5108(g)(2)(C) of this title. Without further appropriation, amounts in the account

are available-

(1) to make grants under this section;

(2) to monitor and provide technical assistance under subsection (f) of this section;

and

(3) to pay administrative costs of carrying out this section and sections 5 108(g)(2)

and 5115 of this title, except that not more than 10 percent of the amounts made

available from the account in a fiscal year may be used to pay those costs.

(0) SUPPLEMENTAL TRAINING GRANTS.,

(1) In order to further the purposes of subsection (b), the Secretary shall, subject to

the availability of funds, make grants to national nonprofit employee organizations

engaged solely in fighting fires for the purpose of training instructors to conduct

hazardous materials response training programs for individuals with statutory

responsibility to respond to hazardous materials accidents and incidents.

(2) For the purposes of this subsection the Secretary, after consultation with

interested organizations, shall- - :

(A) identify regions or locations in which fire departments or other

organizations which provide emergency response to hazardous materials

transportation accidents and incidents are in need of hazardous materials training;

and

(B) prioritize such needs and develop a means for identifying additional

specific training needs.ý , (3) Funds granted to an organization under this subsection shall only be used-

(A) to train instructors to conduct hazardous materials response training

programs;

(B) to purchase training equipment used exclusively to train instructors to

conduct such training programs; and :. ... ... I

I (C) to.disseminate such information and materials as are necessary for the

conduct of such training programs .... , - - I F - ý Z

(4) The Secretary may only make a grant to an organization under this subsection

in a fiscal year if the organization enters into an agreement with the Secretary to train

instructors to conduct hazardous materials response training programs in such fiscal

.year that will use--

Volume I; Page 6-18
(A) a course or courses developed or identified under section 5115 of this title;

or

(B) other courses which the Secretary determines are consistent with the

objectives of this subsection;

for training individuals with statutory responsibility to respond to accidents and

incidents involving hazardous materials. Such agreement also shall provide that

training courses shall be open to all such individuals on a nondiscriminatory basis.

(5) The Secretary may impose such additional terms and conditions on grants to be

made under this subsection as the Secretary determines are necessary to protect the

interests of the United States and to carry out the objectives of this subsection.

(k) REPORTS.-Not later than September 30, 1997, the Secretary shall submit to

Congress a report on the allocation and uses of training grants authorized under

subsection (b) for fiscal year 1993 through fiscal year 1996 and grants authorized under

subsection (j) and section 5107 for fiscal years 1995 and 1996. Such report shall identify the ultimate recipients of training grants and include a detailed accounting of all grant expenditures by grant recipients, the number of persons trained under the grant programs,

and an evaluation of the efficacy of training programs carried out.

See. 5117. Exemptions and Exclusions

(a) AUTHORITY TO EXEMPT.-

(1) As provided under procedures prescribed by regulation, the Secretary of

Transportation may issue an exemption from this chapter or a regulation prescribed

under section 5103(b), 5104, 5110, or 5112 of this title to a person transporting, or

causing to be transported, hazardous material in a way that achieves a safety level-

(A) at least equal to the safety level required under this chapter; or

(B) consistent with the public interest and this chapter, if a required safety

level does not exist.

(2) An exemption under this subsection is effective for not more than 2 years and

may be renewed on application to the Secretary. (b) APPLICATIONS.-When applying for an exemption or renewal of an exemption under this section, the person must provide a safety analysis prescribed by the Secretary that justifies the exemption. The Secretary shall publish in the Federal Register notice

that an application for an exemption has been filed and shall give the public an

,opportunity to inspect the safety analysis and comment on the application. This

,subsection does not require the release of information protected by law from public

disclosure. ' -I .. .. .

(c) APPLICATIONS TO BE DEALT WITH PROMPTLY.-The Secretary shall issue

or renew the exemption for which an application was filed or deny such issuance or

renewal within 180 days after the first day of the month following the date of the filing of

such application, or the Secretary shall publish a statement in the Federal Register of the

reason why the Secretary's decision on the exemption is delayed, along with an estimate

of the additional time necessary before the decision is made. . (d) EXCLUSIONS.-

(1) The Secretary shall exclude, in any part, from this chapter and regulations prescribed under this Chapter-

(A) a public vessel (as defined in section 2101 of title 46);,

(B) a vessel exempted under section 3702 of title 46 from chapter 37 of title

46; and

I (C) a vessel to the extent it is regulated under the Ports-and Waterways Safety

Act of 1972 (33 USC 1221 et seq.).

(2) This chapter and regulations prescribed under this chapter do not prohibit- (A) or regulate transportation of a firearm (as defined in section 232 of title

18), or ammunition for a firearm, by an individual for personal use; or

(B) transportation of a firearm or ammunition in commerce.

Volume 1, Page 6-19
(e) LIMITATION ON AUTHORITY.-Unless the Secretary decides that an

emergency exists, an exemption or renewal granted under this section is the only way a

person subject to this chapter may be exempt from this chapter.

Sec. 5118. Inspectors

(a) GENERAL REQUIREMENT.-The Secretary of Transportation shall maintain the

employment of 30 hazardous material safety inspectors more than the total number of

safety inspectors authorized for the fiscal year that ended September 30, 1990, for the

Federal Railroad Administration; the Federal Highway Administration, and the Research

and Special Programs Administration.

(b) ALLOCATION TO PROMOTE SAFETY IN TRANSPORTING

RADIOACTIVE MATERIAL.- I I ,

(1) The Secretary shall ensure that 10 of the 30 additional inspectors focus on

promoting safety in transporting radioactive material, as defined by the Secretary,

including inspecting-

(A) at the place of origin, shipments of high-level radioactive waste or nuclear

spent material (as those terms are defined in section 5 105(a) of this title); and

(B) to the maximum extent practicable shipments of radioactive material that

are not high-level radioactive waste or nuclear spent material.

(2) In carrying out their duties, those 10 additional inspectors shall cooperate to

the greatest extent possible with safety inspectors of the Nuclear Regulatory

Commission and appropriate State and local government officials.

(3) Those 10 additional inspectors shall be allocated as follows: 3

(A) one to the Pipeline and Hazardous Materials Safety Administration.3

(B) 3 to the Federal Railroad Administration.

(C) 3 to the Federal Highway Administration.

(D) the other 3 among the administrations referred to in clauses (A)-(C) of this

paragraph as the Secretary decides.

(c) ALLOCATION OF OTHER INSPECTORS.-The Secretary shall allocate, as the

Secretary decides, the 20 additional inspectors authorized under this section and not

allocated under subsection (b) of this section among the administrations referred to in

subsection (b)(3)(A)-(C) of this section.

Sec. 5119. Uniform Forms and Procedures

(a) WORKING GROUP.-The Secretary of Transportation shall establish a working

group of State and local government officials, including representatives of the National

Governors' Association, the National Association of Counties, the National League of

Cities, the United States Conference of Mayors, and the National Conference of State

Legislatures. The purposes of the working group are-

(1) to establish uniform forms and procedures for a State-

(A) to register persons that transport or cause-to be transported hazardous

material by motor vehicle in the State; and

(B) to allow the transportation of hazardous material in the State; and

(2) to decide whether to limit the filing of any State registration and permit forms

and collection of filing fees to the State in which the person resides or has its principal

place of business.

(b) CONSULTATION AND REPORTING.-The working group-

(1) shall consult with persons subject to registration and permit requirements

described in subsection (a) of this section; and

(2) not later than November 16, 1993, shall submit to the Secretary, the Committee

on Commerce, Science, and Transportation of the Senate, and the Committee on

Transportation and Infrastructure of the House of Representativesa final report that

contains3

Public Law 108-426, section 2(c)(2), 118 Stat. 2424); Nov. 30,2004.

Volume 1, Page 6-20
(A) a detailed statement of its findings and conclusions; and

(B) its joint recommendations on the matters referred to in subsection (a) of

this section. ,;

(c) REGULATIONS ON RECOMMENDATIONS.-

(1) The Secretary shall prescribe regulations to carry out the recommendations

contained in the report submitted under subsection (b) of this section with which the

Secretary agrees. The regulations shall be prescribed by the later of the last day of the

3-year period beginning on the date the working group submitted its report or the last

day of the 90-day period beginning on the date on which at least 26 States adopt all of

the recommendations of the report. A regulation prescribed under this subsection may

not define or limit the amount of a fee a State may impose or collect.

(2) A regulation prescribed under this subsection takes effect one year after it is

prescribed. The Secretary may extend the one-year period for an additional year for

good cause. After a regulation is effective, a State may establish, maintain, or enforce

a requirement related to the same subject matter only if the requirement is the same as

the regulation.

(3) In consultation with the working group, the Secretary shall develop a

procedure to eliminate differences in how States carry out a regulation prescribed under this subsection.•

(d) RELATIONSHIP TO OTHER LAWS.-The Federal Advisory Committee Act (5 App. USC) does not apply to the working group. Sec. 5120. International Uniformity of Standards and Requirements

(a) PARTICIPATION IN INTERNATIONAL FORUMS.-Subject to guidance and

direction from the Secretary of State, the Secretary of Transportation shall participate in

international forums that establish or recommend mandatory standards and requirements for transporting hazardous material in international commerce.

(b) CONSULTATION.-The Secretary of Transportation may consult with interested

authorities to ensure that, to the extent practicable, regulations the Secretary prescribes under sections 5103(b), 5104, 5110, and 5112 of this title are consistent with standards

related to transporting hazardous material that international authorities adopt.

Volume 1, Page 6-21
(c) DIFFERENCES WITH INTERNATIONAL STANDARDS AND

REQUIREMENTS.-This section-

(1) does not require the Secretary of Transportation to prescribe a standard

identical to a standard adopted by an international authority if the Secretary decides

the standard is unnecessary or unsafe' and

(2) does not prohibit the Secretary from prescribing a safety requirement more

stringent than a requirement included in a standard adopted by an international

authority if the Secretary decides the requirement is necessary in the public interest.

Sec. 5121. Administrative

(a) GENERAL AUTHORITY.-To carry out this chapter, the Secretary of

Transportationwmay investigate, make reports, issue subpoenas, conduct hearings, require

the production of records and property, take depositions, and conduct research,

development, demonstration, and training activities. After notice and an opportunity for a

hearing, the Secretary may issue an order requiring compliance with this chapter or a

regulation-prescribed under this chapter.

(b) RECORDS, REPORTS, AND INFORMATION.-A person subject to this chapter

shall-

(1) maintain records, make reports, and provide information the Secretary by

regulation or order requires; and

(2) make the records, reports, and information available when the Secretary

requests.,

(c) INSPECTION.-

(1) The Secretary may authorize an officer, employee, or agent to inspect, at a'

reasonable time and in a reasonable way, records and property related to-

(A) manufacturing, fabricating, marking, maintaining, reconditioning,

repairing, testing, or distributing a packaging or a container for use by a person in

transporting hazardous material in commerce; or

(B) the transportation of hazardous material in commerce.

(2) An officer, employee, or agent under this subsection shall display proper

credentials when requested.,

(d) FACILITY, STAFF, AND REPORTING SYSTEM ON RISKS,

EMERGENCIES, AND ACTIONS.-

(1) The Secretary shall-

(A) maintain a facility and technical staff sufficient to provide, within the

United States Government, the capability of evaluating a risk related to the

transportation of hazardous material and material alleged to be hazardous;

(B) maintain a central reporting system and information center capable of

providing information and advice to law enforcement and firefighting personnel,

other interested individuals, and officers and employees of the government and

State and local government on meeting an emergency related to the transportation

of hazardous material; and

(C) conduct a continuous review on all aspects of transporting hazardous

material to decide on and take appropriate actions to ensure safe transportation of

hazardous material.

(2) Paragraph (1) of this subsection does not prevent the Secretary from making a

contract with a private entity for use of a supplemental reporting system and

information center operated and maintained by the contractor.

(e) REPORT.-The Secretary shall, once every 2 years, prepare and submit to the

President for transmittal to the Congress a comprehensive report on the transportation of

hazardous materials during the preceding 2 calendar years. The report shall include-

(1) a statistical compilation of accidents and casualties related tot he transportation

of hazardous material;

Volume 1, Page 6-22
(2) a list and summary of applicable Government regulations, criteria, orders, and

exemptions;

(3) a summary of the basis for each exemption;

(4) an evaluation of the effectiveness of enforcement activities and, the degree of

voluntary compliance with regulations;

(5) a summary of outstanding problems in carrying out this chapter in order of

priority; and

(6) recommendations for appropriate legislation.

Sec. 5122. Enforcement

(a) GENERAL.-At the request of the Secretary of Transportation, the Attorney

General may bring a civil action in an appropriate district court of the United States to

enforce this chapter or a regulation prescribed or order issued under this chapter. The

court may award appropriate relief, including punitive damages.

(b) IMMINENT HAZARDS.-

(1) If the Secretary has reason to believe that an imminent hazard exists, the

Secretary may bring a civil action in an appropriate district court of the United States-

(A) to suspend or restrict the transportation of the hazardous material

responsible for the hazard; or

(B) to eliminate or ameliorate the hazard.

(2) On request of the Secretary, the Attorney General shall bring an action under

paragraph (1) of this subsection.

(c) WITHHOLDING OF CLEARANCE.-

(1) If any owner, operator or individual in charge of a vessel is liable for a civil

penalty under section 5123 of this title or for a fine under section 5124 of this title, or

if reasonable cause exists to believe that such owner, operator, orindividual in charge

may be subject to such a civil penalty or fine, the Secretary of the Treasury, upon the

'request of the Secretary, shall with respect to such vessel refuse or revoke any

clearance required by section 4197 of the Revised Statutes of the United States

(46 App. USC 91).

(2) Clearance refused or revoked under this subsection may be granted upon the

filing of a bond or other surety satisfactory to the Secretary.

Sec. 5123. Civil Penalty

(a)PENALTY.-..,

(1) A person that knowingly violates this chapter:or a regulation prescribed or

order issued under this chapter is liable to the United States Government for a civil

penalty of at least$250 but not more that $25,000 for each violation. A person acts

knowingly when-

(A) the person has actual knowledge of the facts giving rise to the violation; or

(B) a reasonable person acting in the circumstances and exercising reasonable

care would have that knowledge.

(2) A separate violation occurs for each day the violation, committed by a person

that transports or causes to be transported hazardous material, continues.

(b) HEARING REQUIREMENT.-The Secretary of Transportation may find that a

person has violated this chapter or a regulation prescribed under this chapter only after

notice and an opportunity for a hearing. The Secretary shall impose a penalty under this

section by giving-the person written notice of the amount of the penalty.

(c) PENALTY CONSIDERATIONS.-In determining the amount of a civil penalty

under this section, the Secretary shall consider-

(1) the nature, circumstances, extent, and gravity of the violation;

(2) with respect to the violator, the degree of culpability, any history of prior

violations, the ability, to pay, and any effect on the ability to continue to do business;

and

(3) other matters that justice requires.

Volume 1, Page 6-23
(d) CIVIL ACTIONS TO COLLECT,-The Attorney General may bring a civil action

in an appropriate district court of the United States to collect a civil penalty under this

section.

(e) COMPROMISE.-The Secretary may compromise the amount of a civil penalty

imposed under this section before referral to the Attorney General. - ; : . -

I (f) SETOFF.-The Government may deduct the amount of a civil penalty imposed or

compromised under this section from amounts it owes the person liable for the penalty.

(g) DEPOSITING AMOUNTS COLLECTED.-Amounts collected under this section

shall be deposited in the Treasury as miscellaneous receipts.

Sec. 5124. Criminal Penalty

A person knowingly violating section 5104(b) of this title or willfully violating this

chapter or a regulation prescribed or order issued under this chapter shall be fined under

title 18, imprisoned for not more than 5 years, or both.

Sec. 5125. Preemption

(a) GENERAL-Except as provided in subsections (b), (c), and (e) of this section and

unless authorized by another law of the United States, a requirement of a State, political

subdivision of a State, or Indian tribe is preempted if-

(1) complying with a requirement of the State, political subdivision, or tribe and a

requirement of this chapter, a regulation prescribed under this chapter, or a hazardous

materials transportation securityregulation or directive issued by the Secretary of

Homeland Security4, is not possible; or

(2) the requirement of the State, political subdivision, or tribe, as applied or

enforced, is an obstacle to accomplishing and carrying out this chapter, a regulation

prescribed under this chapter, or a hazardous materials transportation security

regulation or directive issued by the Secretary of Homeland Security4; and

(b) SUBSTANTIVE DIFFERENCES.-

(1) Except as provided in subsection (c) of this section and unless authorized by

another law of the United States, a law, regulation, order, or other requirement of a

State, political subdivision of a State, or Indian tribe about any of the following

subjects, that is not substantively the same as a provision of this chapter, a regulation

prescribed under this chapter, or a hazardous materials transportation security

regulation or directive issued by the Secretary of Homeland Security', is preempted:

(A) the designation, description, and classification of hazardous material.

(B) the packing, repacking, handling, labeling, marking, and placarding of

hazardous material. , I - I I ,

(C) the preparation, execution, and use of shipping documents related to

hazardous material and requirements related to then umber, contents, and

placement of those documents.

(D) the written notification, recording, and reporting of the unintentional

release in transportation of hazardous material.

(E) the design, manufacturing, fabricating, marking, maintenance,

reconditioning, repairing, or testing of a packaging or a container represented,

marked, certified, or sold as qualified for use in transporting hazardous material.

(2) If the Secretary of Transportation prescribes or has prescribed under

section 5103(b), 5104, 5110, or 5112 of this title or prior comparable provision of law

a regulation or standard related to a subject referred to in paragraph (1) of this

subsection, a State, political subdivision of a State, or Indian tribe may prescribe,

issue, maintain, and enforce only a law, regulation, standard, or order about the

subject that is substantively the same as a provision of this chapter or a regulation

prescribed or order issued under this chapter. The Secretary shall decide on an

publish in the Federal Register the effective date of section 5103(b) of this title for

4

Public Law 107-296, title XVII, section 171 l(b), 116 Stat. 2320; Nov. 25,2003.

Volume 1, Page 6-24
any regulation or standard about any of those subjects that the Secretary prescribes after November 16, 1990. However, the effective date may notbe earlier than 90 days after the Secretary prescribes the regulation or standard nor later than the last day of

the 2-year period beginning on the date the Secretary prescribes the regulation or

standard.

(3) If a State, political subdivision of a State, or Indian tribe imposes a fine or

penalty the Secretary decides is appropriate for a violation related to a subject referred

to in paragraph (1) of this subsection, an additional fine or penalty may not be

imposed by any other authority.

(c) COMPLIANCE WITH section 5112(b) REGULATIONS.-

(1) Except as-provided in paragraph (2) of this subsection, after the last day of the

two-year period beginning on the date a regulation is prescribed under section 5112(b) of this title, a State or Indian tribe may establish, maintain, or enforce a highway routing designation over which hazardous material may or may not be transported by

motor vehicles, or a limitation or requirement related to highway routing, only if the

designation, limitation, or requirement complies with section 5112(b). (2)(A) A highway routing designation, limitation, or requirement established

before the date a regulation is prescribed under section 5112(b) of this title does not

have to comply with section 5112(b)(1)(B), (C), and (F). (B) This subsection and section 5112 of this titledo not require a State or

Indian tribe to comply with section 5112(b)(1)(I) if the highway routing designation, limitation, or requirement was established before November 16, 1990.

(C) The Secretary may allow a highway routing designation, limitation, or

requirement to continue in effect until a dispute related tot he designation, limitation,

or requirement is resolved under section 5112(d) of this title.

(d) DECISIONS ON PREEMPTION.-

• (1) A person (including a State, political subdivision of a State, or Indian tribe) directly affected by a requirement of a State, political subdivision, or tribe may apply

to the Secretary, as provided by regulations prescribed by the Secretary, for a decision

on whether the requirement is preempted by subsection (a), (b)(1), or (c),of this

section. The Secretary shall publish notice, of the application in, the Federal Register. The Secretary shall issue a decision on an application for a determination within

S180 days after the date of the publication of the notice of having received such

application, or the Secretary shall publish a statement in the Federal Register of the

reason why the Secretary's decision on the application is delayed, along with an

estimate of the additional time necessary before the decision is made.., After notice is

published, an applicant may not seek judicial relief on the same or.substantially the

same issue until the Secretary takes final action on the application or until .180 days * after the application is filed, whichever occurs first. :. : ..

(2) After consulting with States, political subdivisions of States, and Indian tribes,

the Secretary shall prescribe regulations for carrying out paragraph (1) of this

ýsubsection.

(3) Subsection (a) of this section does not prevent a State, political subdivision of

a State, or Indian tribe, or another person directly affected by a requirement, from

seeking a decision on preemption from a court of competent jurisdiction instead of

applying to the Secretary under paragraph (1) of this subsection.

.(e) WAIVER OF.PREEMPTION.-A State, political subdivision of a State, or Indian

tribe may apply to the Secretary for a waiver of preemption of a requirement the State, political subdivision, or tribe acknowledges is preempted by subsection (a), (b)(1), or (c) of this section. Under a procedure the Secretary prescribes by regulation, the Secretary

may waive preemption on deciding the requirement-

(1) provides the public at least as much protection as do requirements of this

chapter and regulations prescribes under this chapter; and

Volume 1, Page 6-25
(2) is not an unreasonable burden on commerce.

(f) JUDICIAL REVIEW.-A party to a proceeding under subsection (d) or (e) of this

section may bring a civil action in an appropriate district court of the United States for

judicial review of the decision of the Secretary not later than 60 days after the decision

becomes final.,

(g) FEES.-,

(1) A State, political subdivision of a State, or Indian tribe may impose a fee

related to transporting hazardous material only if the fee is fair and used for a purpose

related to transporting hazardous material, including enforcement and planning, developing, and maintaining a capability for emergency response.

(2) A State or political subdivision thereof or Indian tribe that levies a fee in

connection with the transportation of hazardous materials shall, upon the Secretary's

request, report to the Secretary on-

(A) the basis on which the fee is levied upon persons involved in such

transportation;

(B) the purposes for which the revenues from the fee are used;

(C) the annual total amount of the revenues collected from the fee; and

(D) such other matters as the Secretary requests. Sec. 5126. Relationship to Other Laws

(a) CONTRACTS.-A person under contract with a department, agency, or

instrumentality of the United States Government that transports or causes to be

transported hazardous material, or manufactures, fabricates, marks, maintains,

reconditions, repairs, or tests a packaging or a container that the person represents, marks,

certifies, or sells as qualified for use in transporting hazardous material must comply with

this chapter, regulations prescribed and orders issued under this chapter, and all other

requirements of the Government, State and local governments, and Indian tribes (except a

requirement preempted by a law of the United States) in the same way and to the same

.extent that any person engaging in that transportation, manufacturing, fabricating,

marking, maintenance, reconditioning, repairing, or testing that is in or affects commerce

must comply with the provision, regulation, order, or requirement. (b) NONAPPLICATION.-This chapter does not apply to-

(1) a pipeline subject to regulation under chapter 601 of this title; or

(2) any matter that is subject to the postal laws and regulations of the United States

under this chapter or title 18 or 39.

Sec. 5127. Authorization of Appropriations (a) GENERAL.-Not more than $18,000,000 may be appropriated to the Secretary of

Transportation for fiscal year 1993, $18,000,000 for fiscal year 1994, $18,540,000 for

fiscal year 1995, $19,100,000 for fiscal year 1996, and $19,670,000 for fiscal year 1997

to carry out this chapter (except section 5107(e), 5108(g)(2), 5113, 5115, 5116, and

5119).

(b) TRAINING OF HAZMAT EMPLOYEE INSTRUCTORS.-

(1) There is authorized to be appropriated to the Secretary $3,000,000 for each of

fiscal years 1995, 1996, 1997, and 1998 to carry out section 5107I(e). (2)(A) There shall be available to the Secretary for carrying out section 5116(3),

from amounts in the account established pursuant to section 5116(i), $250,000 for

each of fiscal years 1995, 1996, 1997, and 1998.

(B) In addition to amounts made available under subparagraph (A), there is

authorized to be appropriated to the Secretary for carrying out section 5116(j) $1,000,000 for each of the fiscal years 1995, 1996, 1997, and 1998. -

Volume 1, Page 6-26
(c) TRAINING CURRICULUM.-

(1) Not more than $1,000,000 is available to the Secretary of Transportation from

the account established under section 5116(i) of this title for each of the fiscal years

ending September 30, 1993-1998, to carry out section 5115 of this title.

(2) The Secretary of Transportation may transfer to the Director of the Federal

Emergency Management Agency from amounts available under this subsection

amounts necessary to carry out section 5115(d)(1) of this title.''

(d) PLANNING AND TRAINING.-

(1) Not more than $5,000,000 is available to the Secretary of Transportation from

the account established under section 5116(i) of this title for each of the fiscal years

ending September 30, 1993-1998, to carry out section 5116(a) of this title.

(2) Not more than $7,800,000 is available to the Secretary of Transportation from

the account established under section 5 1 16(i) of this title for each of the fiscal years

ending September 30, 1993-1998, to carry out section 5116(b) of this title.

(3) Not more than the following amounts are available from the account

established under section 5116(i) of this title for each of the fiscal years ending

September 30, 1993-1998, to carry out section 5116(f) of this title:

(A) $750,000 each to the Secretaries of Transportation and Energy,

Administrator of the Environmental Protection Agency, and Director of the

Federal Emergency Management Agency.

(B) $200,000 to the Director of the National Institute of Environmental Health

Sciences.

(e) UNIFORM FORMS AND PROCEDURES.-Not more than $400,000 may be

appropriated to the Secretary of Transportation for the fiscal year ending September 30,

1993, to carry out section 5119 of this title.

(f) CREDITS TO APPROPRIATIONS.-The Secretary of Transportation may credit

to any appropriation to carry out this chapter an amount received from a State, Indian

tribe, or other public authority or private entity for expenses the Secretary incurs in

providing training to the State, authority, or entity. -

(g) AVAILABILITY OF AMOUNTS.-Amounts available under subsections (c)-(e)

of this section remain available until expended.

Approved November 16, 1990 -

Recodified July 5, 1994..

Volume 1, Page 6-27
B. MISCELLANEOUS PROVISIONS PERTAINING TO

TRANSPORTATION OF PLUTONIUM

1. TRANSPORTATION OF PLUTONIUM5

Public Law 94-79 89 Stat. 413

42 USC 5841.

Note.

42 USC 5817.

Note.

42 USC 5817.

Note.

August 9, 1975

Sec. 201. Section 201(a) of the Energy Reorganization Act of 1974 is

amended:

q The Nuclear Regulatory Commission shall not license any

shipments by air transport of plutonium in any form, whether

exports, imports or domestic shipments: Provided, however, That

any plutonium in any form contained in a medical device designed

for individual human application is not subject to this restriction.

This restriction shall be in force until the Nuclear Regulatory

Commission has certified to the joint Committee on Atomic Energy

of the Congress that a safe container has been developed and tested

which will not rupture under crash and blast-testing equivalent to

the crash and explosion of a high-flying aircraft.

2. TITLE V OF PUBLIC LAW 94 .187

AIR TRANSPORTATION OF PLUTONIUM

Sec. 501. The Energy Research and Development Administration shall

not ship plutonium in any form by aircraft whether exports, imports, or

domestic shipment: Provided, That any exempt shipments of plutonium, as

defined by section 502, are not subject to this restriction. This restriction

shall be in force until the Energy Research and Development

Administration has certified to the Joint Committee on Atomic Energy of

the Congress that a safe container has been developed and tested which

will not rupture under crash and blast testing equivalent to the crash and

explosion of a high-flying aircraft.

Sec. 502. For the purposes of this title, the term "exempt shipments of

plutonium" shall include the following:

(1) Plutonium shipments in any form designed for medical

application.

(2) Plutonium shipments which pursuant to rules promulgated

by the Administrator of the Energy Research and Development

Administration are determined to be made for purposes of national

security, public health and safety, or emergency maintenance

operations.

(3) Shipments of small amounts of plutonium deemed by the

Administrator of the Energy Research and Development

Administration to require rapid shipment by air in order to preserve

'This section consists of section 201 of Public Law 94-79 (89 Star. 413) enacted on August 9, 1975. The

paragraph shown appears in the United States Code at 42 USC 5841 note. This title consists of sections 501 and 502 of Public Law 94-187 (89 Stat. 1077) enacted on December 31,

1975. The sections appear in the United States Code at42 USC 5817 note.

Volume 1, Page 6-28
42 USC 5841.

Note.

the chemical, physical, or isotopic properties of the transported

item or material.

3. SECTION 5062 OF OMNIBUS BUDGET

RECONCILIATION ACT OF 19877

Sec. 5062. Transportation of Plutonium by Aircraft Through United

States Air Space•

(a) IN GENERAL-Notwithstanding any other provision of law, no

form of plutonium may be transported by aircraft through the air space of

the United States from a foreign nation to a foreign nation unless the

NuclearRegulatory Commission has certified to Congress that the

container in which such plutonium is transported is safe, as determined in

accordance'with subsection (b), the second undesignated paragraph under

section 201 of Public Law 94-79 (89 Stat. 413; 42 USC 5841 note), and

all other applicable laws.

(b) RESPONSIBILITIES OF THE NUCLEAR REGULATORY

COMMISSION-

(1) DETERMINATION OF SAFETY-The Nuclear Regulatory

Commission shall determine whether the container referred to in

subsection (a) is safe for use in the transportation of plutonium by

aircraft and transmit to Congress a certification for the purposes of

such subsection in the case of each container determined to be safe.

(2) TESTING-In order to make a determination with respect to a

container under paragraph (1), the Nuclear Regulatory Commission

shall-

(A) require an actual drop test from maximum cruising altitude

of a full-scale sample of such container loaded with test materials;

and

(B) require an actual crash test of a cargo aircraft fully loaded

with full-scale samples of such container' loaded with test material

unless the Commission determines, after consultation with an

independent scientific review panel, that the stresses on the

container produced by other tests used in developing the container

exceed the stresses which would occur during a worst case

plutonium air shipment accident.

(3) LIMITATION-The Nuclear Regulatory Commission may not

certify under this section that a container is safe for use in the

transportation of plutonium by aircraft if the container ruptured or

released its contents during testing conducted in accordance with

paragraph (2).

(4) EVALUATION-The Nuclear Regulatory Commission shall

evaluate the container certification required by title II of the Energy

Reorganization Act of 1974 (42 USC 5841 et seq.) and subsection (a)

in accordance with the National Environmental Policy Act of 1969 (83

Stat. 852; 42 USC 4321 et seq.) and all other applicable law.

(c) CONTENT OF CERTIFICATION-A certification referred to in

subsection (a) with respect to a container shall include7

This title consists of sections 5062 of Public Law 100-203 (101 Stat. 1330,251) enacted on December 22,

1987, and was also enacted in identical form by Public Law 100-202 (101 Stat. 1329-121) on the same date.

The section appears in the United States Code at 42 USC 5841 note.

Volume 1, Page 6-29
(1) the determination of the Nuclear Regulatory Commission as to

the safety of such container;

(2) a statement that the requirements of subsection (b)(2) were

satisfied in the testing of such container; and

(3) a statement that the container did not rupture or release its

contents into the environment during testing.

(d) DESIGN OF TESTING PROCEDURES-The tests required by

subsection (b) shall be designed bythe Nuclear Regulatory Commission to

replicate actual worst case transportation conditions to the maximum

extend practicable. In designing such tests, the Commission shall provide

for public notice of the proposed test procedures, provide a reasonable

opportunity for public comment on such procedures, and'consider such

comments, if any:

(e) TESTING RESULTS: REPORTS ANDPUBLIC DISCLOSURE

-The Nuclear Regulatory Commission shall transmit to Congress a report

on the results of each test conducted under this'section and shall make

such results available to the public. , (f) ALTERNATIVE ROUTES AND MEANS OF...

TRANSPORTATION-With respect to any shipments of plutonium from a

foreign nation to a foreign nation which are subject to United States

consent rights contained in an Agreement for Peaceful Nuclear

Cooperation, the President is authorized to make every effort to pursue

and conclude arrangements for alternative routes and means of

transportation, including sea shipment. All such arrangements shall be

subject to stringent physical security conditions, and other conditions

designed to protect the public health and safety, and provisions of this

section, and all other applicable laws.

(g) INAPPLICABILITY TO MEDICAL DEVICES-Subsections (a)

through (e) shall not apply with respect to plutonium in any form

contained in a medical device designed for individual human application.

(h) INAPPLICABILITY TO MILITARY USES-Subsections (a)

through (e) shall not apply to plutonium in the form of nuclear weapons

nor to other shipments of plutonium determined by the Department of

Energy to be directly connected with the United States national security or

defense programs. , (i) INAPPLICABILITY TO PREVIOUSLY CERTIFIED

CONTAINERS-This section shall not apply to any containers for the

shipment of plutonium previously certified as safe by the Nuclear

Regulatory Commission under Public Law 94-79 (89 Stat. 413; 42 USC

5841 note).

0) PAYMENT OF COSTS-All costs incurred by the Nuclear

Regulatory Commission associated with the testing program required by

this section, and administrative costs related thereto, shall be reimbursed

to the Nuclear Regulatory Commission'by any foreign country receiving

plutonium shipped through United States airspace in containers specified

by the Commission.

,Volume 1, Page 6-30
4. SECTION 2904 OF ENERGY POLICY ACT OF 19928

Se. 2904. Study and Implementation Plan onSafety of Shipments of

PlPlutonium By Sea

, (a) STUDY-The President, in consultation with the Nuclear

Regulat6ry Commission, shall conduct adstudy on the safety of shipments

of plutonium by sea. The study shall consider the following: .(1) The safety of the casks containing the plutonium.

(2)The safety risks to the States of such shipments.

(3) Upon the request of any State, the adequacy of that State's

emergency plans with respect to such shipments.

(4) The Federal resources needed to assist the States on account of

suchshipments.

(b) REPORT-The President shall, not later than 60 days after the date

of the enactment of this Act, transmit tot he Congress a report on the study

conducted under subsection (a), together with his recommendations based

on the study.

( Cc) IMPLEMENTATION PLAN-The President, in consultation with

the Nuclear Regulatory Commission, shall establish a plan to implement

the recommendations contained in the study conducted under

subsection (a) and shall, not later than 90 days after transmitting the report

to the Congress inder subsection (b), transmit to the Congress that

implementation plan.

(d) DEFINITION-As used in this section, the term "State" includes the

District of Columbia and any commonwealth, territory, or possession of

the United States.

5. DEPARTMENT OF TRANSPORTATION AND RELATED

AGENCIES APPROPRIATIONACT, 2002

Public Law 107-87 115 Stat. 833

Dec. 18, 2001.

Making appropriations for the Department of Transportation and ..related agencies for the f'isal year ending September 30, 2002, and

-'for otheropurposes.

Be it enacted by the Senate azd House of Representatives of the United

States of America in Congress assembled, That the following sums are

appropriated, for the Department of Transportation and related

agencies for the fiscal year ending September 30, 2002, and for other

purposes, namely:

Sec. 352.

(a) FINDINGS-Congress makes the following findings:

(1) The condition of highway, railway, and waterway infrastructure

across the Nation varies widely and is in need of improvement and

investment.

'This title consists of section 2904 of Public Law 102486 (106 Stat. 2776) enacted on October 24, 1992,

and does not appear in the United States Code.

Volume 1, Page 6-31
'(2)'Thousands of tons of hazardous materials, including a very

small amount of high-level radioactive material, are transported along

-the Nation's highways, railways, and waterways each year.

1 (3) The volume of hazardous material transport increased by over

one-third in the last 25 years and is expected to, continue to increase.

Some propose significantly increasing radioactive material transport.

(4) Approximately 261,000 peoplewere evactiated across the

Nation because of rail-related incidents involving hazardous materials

between 1978 and 1995, and during that period industry reported eight

transportation accidents involving the small volume of high level

radioactive waste transported during that period.

(5) The Federal Railroad Administration has significantly

decreased railroad inspections and has allocated few resources since

1993 to assure the structural integrity of railroad bridges. Train

derailments have. increased by 18 percent over roughly the same

period.

(6) The poor condition of highway, railway, and waterway

infrastructure, increases in the volume of hazardous material transport,

and proposed increases in radioactive material transport increase the

risk of incidents involving such materials.

(7) Measuring the risks of hazardous or radioactive material

incidents and preventing such incidents requires specific information

concerning the condition and suitability of specific transportation

routes contemplated for such transport to inform and enable investment

in related infrastructure.

(8) Mitigating the impact of hazardous and radioactive material

transportation incidents requires skilled, localized, and well-equipped

emergency response personnel along all specifically identified

transportation routes.

(9) Incidents involving hazardous or radioactive material transport

pose threats tot he public health and safety, the environment, and the

economy.

(b) STUDY-The Secretary of Transportation shall, in consultation

with the Comptroller General of the United States, conduct a study of the

effects to public health and safety, the environment, and the economy

associated with the transportation of hazardous and radioactive material.

(c) MATTERS TO BE ADDRESSED-The study under subsection (b)

shall address the following matters:

(1) Whether the Federal Government conducts or reviews

individualized and detailed evaluations and inspections of the

condition and suitability of specific transportation routes for the

current, and any anticipated or proposed, transport of hazardous and

radioactive material, including whether resources and information are

adequate to conduct such evaluations and inspections.

(2) The costs and time required to ensure adequate inspection of

specific transportation routes and related infrastructure and to

complete the infrastructure improvements necessary to ensure the

safety of current, and any anticipated or proposed, hazardous and

radioactive material transport.

(3) Whether emergency preparedness personnel, emergency

response personnel, and medical personnel are adequately trained and

equipped to promptly respond to incidents along specific .

Volume 1, Page 6-32
transportation routes for current, anticipated, or proposed hazardous

and radioactive material transport.

(4) The costs and time required to ensure that emergency

preparedness personnel, emergency response personnel, and medical

personnel are adequately trained and equipped to promptly respond to

incidents along specific transportation routes for current, anticipated,

or proposed hazardous and radioactive material transport.

(5) The availability of, or requirements to, establish governmental

and commercial information collection and dissemination systems

adequate to provide public and emergency responders in an accessible

manner, with timely, complete, specific, and accurate information

(including databases) concerning actual, proposed, or anticipated

shipments by highway, railway, or waterway of hazardous and

radioactive materials, including incidents involving the transportation

of such materials by those means and the public safety implications of

such dissemination.

(d) DEADLINE FOR COMPLETION-The study under subsection (b)

shall be completed not later than six months after the date of the enactment

of this Act.

(e) REPORT-Upon completion of the study under subsection (b), the

Secretary shall submit to Congress a report on the study.

Approved December 18, 2001

Volume 1, Page 6-33

OMNIBUS BUDGET RECONCILIATION ACT OF 1990

TABLE OF CONTENTS

PAGE 42 USC

Sec.

TITLE VI

ENERGY AND ENVIRONMENTAL PROGRAMS

Sec. 6101. NRC User Fees and Annual Charges ................ 7-2 2214

2213

Volume 1, Page 7-1
OMNIBUS BUDGET RECONCILIATION ACT OF 1990

Public Law 101-508 104 Stat. 1388

42 USC 2214.

42 USC 2214.

NOV. 5, 1990

TITLE VI-ENERGY AND ENVIRONMENTAL PROGRAMS

Subtitle B-NRC User Fees and Annual Charges

Sec. 6101. NRC User Fees and Annual Charges

(a) ANNUAL ASSESSMENT-

(1) IN GENERAL-The' Nuclear Regulatory Commission (in this

section referred to as the "Commission") shall annually assess and

collect such fees and charges as are described in subsections (b) and

(c).

(2) FIRST ASSESSMENT-The first assessment of fees under

subsection (b) and annual charges under subsection (c) shall be made

not later than September 30, 1991.

(3)2

(b) FEES FOR SERVICE OR THING OF VALUE-Pursuant to

section 9701 of title 31, United States Code, any person who receives a

service or thing of value from the Commission shall pay fees to cover the

Commission's costs in providing any such service or thing of value.

(c) ANNUAL CHARGES-

(1) PERSONS SUBJECT TO CHARGE-Except as provided in

paragraph (4), any licensee or certificate holder of the Commission

may be required to pay, in addition to the fees set forth in subsection

(b), an annual charge.

(2) AGGREGATE AMOUNT OF CHARGES-

(A) The aggregate amount of the annual charge collected from

all licensees and certificate holders in a fiscal year shall equal an

amount that approximates the percentages of the budget authority

of the Commission for the fiscal year stated in subparagraph (B),

less-

(i) amounts collected under subsection (b) during the

fiscal year;

(ii) amounts appropriated to the Commission from the

Nuclear Waste Fund for the fiscal year;

(iii) amounts appropriated to the Commission for the fiscal

year for implementation of section 3116 of the Ronald W.

Reagan National Defense Authorization Act for Fiscal Year

2005; and

(iv) amounts appropriated to the Commission for homeland

security activities of the Commission for the fiscal year, except

for the costs of fingerprinting and background checks required

'Public Law 109-58 (119 Stat. 791), August 8, 2005; section 637 struck "Except as provided in

paragraph (3), the".

Public Law 109-58 (119 Stat. 791), August 8, 2005; section 637 struck paragraph (3).

Volume 1, Page 7-2
by section 149 of the Atomic Energy Act of 1954 942 U.S.C.

2169) and the costs of conducting security inspections.3

(B) Percentages-The percentages referred to in

subparagraph A) are-

(i) 98 percent for fiscal year 2001;

(ii) 96 percent for fiscal year 2002;

(iii) 94 percent for fiscal year 2003;

(iv) 92 percent for fiscal year 2004; and

(v) 90 percent for fiscal year 2005' and each fiscal year

thereafter.

(3) AMOUNT PER LICENSEE-The Commission shall establish,

by rule, a schedule of charges fairly and equitably allocating the

aggregate amount of charges described in paragraph (2) among licensees. To the maximum extent practicable, the charges shall have a

reasonable relationship to the cost of providing regulatory services and

may be based on the allocation of the Commission's resources among licensees or classes of licensees.

(4) EXEMPTION-

(A) IN GENERAL-Paragraph (1) shall not apply to the holder

of any license for a federally owned research reactor used primarily

for educational training and academic research purposes.

(B) RESEARCH REACTOR.-For purposes of subparagraph

(A), the term "research reactor" means a nuclear reactor that-

(i) is licensed by the Nuclear Regulatory Commission under

section 104c. of the Atomic Energy Act of 1954 (42 USC

2134(c)) for operation at a thermal power level of 10

megawatts or less; and

(ii) if so licensed for operation at a thermal power level of

more than 1 megawatt, does not contain-

(I) a circulating loop through the core in which the

licensee conducts fuel experiments; (II) a liquid fuel loading; or

(III) an experimental facility in the core in excess of 16

square inches in cross-section.

(d) DEFINITION-As used in this section, the term "Nuclear Waste

Fund" means the fund established pursuant to section 302(c) of the

Nuclear Waste Policy Act of 1982 (42 USC 10222(c)).

(e) REPEALED: Section 7601 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (42 USC 2213) is repealed.s42 USC 2213.

3

Public Law 109-58 (119 Stat. 791), August 8, 2005; section 637 added new clauses (iii) and (iv). 4

(As amended Public Law 105-245, title V, section 505, Oct. 7, 1998, 112 Stat. 1856; Public Law 106-60,

title VI, section 604, Sept. 29, 1999, 113 Stat. 501; Public Law 106-377, section l(aX2) [title VIMi], Oct. 27,

2000, 114 Stat. 1441, 1441A-___); Public Law 109-58 (119 Stat. 791), August 8, 2005; section 637.

'Public Law 109-58 (119 Stat. 791), August 8, 2005; section 637(b) repealed section 7601. NOTE: Prior

language read:

(e) CONFORMING AMENDMENT TO COBRA.-Paragraph(l)(a) of section 7601 of the

Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272) is amended by striking "except that for fiscal year of 1990 such maximum amount shall be estimated to be equal to 45 percent of

the costs incurred by the Commission for fiscal year 1990" and inserting "except as otherwise provided by

law."

Volume 1, Page 7-3
fl
ADMINISTRATIVE LAW STATUTES

TABLE OF CONTENTS

Page 5 USC

Sec.

SUBCHAPTER Il-ADMINISTRATIVE PROCEDURES .... 8-2 551-559

FREEDOM OF INFORMATION ACT ................. 8-4 552

PRIVACY ACT ................................. 8-12 552a.

GOVERNMENT IN THE SUNSHINE ACT .............. 8-25 552b.

NEGOTIATED RULEMAKING ACT OF 1990 ............ 8-36 561-570

ADMINISTRATIVE DISPUTE RESOLUTION ACT....... 8-44 571

Chapter 6-THE ANALYSIS OF REGULATORY

FUNCTIONS ............................. 8-55 601-612

Chapter 7-JUDICIAL REVIEW ................ ...... 8-63 701-706

Chapter 8-CONGRESSIONAL REVIEW OF AGENCY

RULEMAKING ......................... 8-66 App. 2

FEDERAL ADVISORY COMMITTEE ACT ............... 8-72 App. 2

FEDERAL VACANCIES REFORM ACT OF 1998 .......... 8-81 3301

TRUTH IN REGULATING ACT OF 2000 ................. 8-88 561

28 USC

Sec.

ALTERNATIVE DISPUTE RESOLUTION ACT OF 1998 ... 8-96 1,651

FEDERAL CIVIL PENALTIES INFLATION

ADJUSTMENT ACT OF 1990, AS AMENDED ............. 8-103 2461

Volume 1, Page 8-1
SUBCHAPTER II-ADMINISTRATIVE PROCEDURES

TABLE OF CONTENTS

5 USC 551 - 559

Page

Sec. 551. Definitions............ .......... r .•........ 8-3

Sec. 552. Public Information; Agency Rules, Opinions, Orders,

Records, and Proceeding ................................ 8-4

Sec. 552a. Records Maintained on Individuals ............................ 8-12

Sec. 552b. Open Meetings............................................ 8-25

Sec. 553. Rulemaking ...................................... ......... 8-30

Sec. 554. Adjudications ............. ....................... 8-30

Sec. 555. Ancillary Matters........................... ................ 8-31

Sec. 556. -Hearings; Presiding Employees; Powers and Duties; Burden

of Proof; Evidence; Record as Basis of Decision ............ 8-32

Sec. 557. Initial Decisions; Conclusiveness; Review by Agency;

Submissions by Parties; Contents of Decisions; Record ....... 8-33

Sec. 558. Imposition of Sanctions; Determination of Applications for

Licenses; Suspension, Revocation, and Expiration of

Licenses.. ........................... ........... 8-35

Sec. 559. Effect on Other Laws; Effect of Subsequent 'Statute....... ...... 8-35

Volume 1, Page 8-2
SUBCHAPTER II-ADMINISTRATIVE PROCEDURES

5 USC 551 - 559

Sec. 551. Definitions

For the purpose of this Subchapter-

(1) "agency" means each authority of the Government of the United States,

whether or not it is within or subject, to review by another agency, but does not

include-

(A) the Congress;

(B) the courts of the United States;

(C) the governments of the territories or possessions of the United States; (D) the Government of the District of Columbia; or except as to the

requirements of section 552 of this title _ ;II

(E) agencies composed of representatives of the parties or of representatives of

organizations of the parties to the disputes determined by them; (F) courts martial and military commissions;

(G) military authority exercised in the field in time of war or in occupied territory; or

(H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; chapter 2 of title 41; Subchapter II of chapter 471 of title 49; or sections 1884, 1891-1902, and former section 1641(b)(2), of title 50, appendix; (2) "person" includes an individual, partnership, corporation, association, or public

or private organization other than a agency; (3) "party" includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and

a person or agency admitted by an agency as a party for limited purposes; (4) "rule" means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or

policy or describing the organization, procedure, or practice requirements of an

agency and includes the approval or prescription for the future of rates, wages,

-corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or ofvaluations, costs, or accounting, or

practices bearing on any of the foregoing;

(5) "rule making" means agency process for formulating, atmending, or repealing a

rule;

(6) "order" means the whole or part of a final disposition whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule

making but including licensing;

(7) "adjudication" means agency process for the formulationof an order;

(8) "license" includes the whole or a part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of

permission;

(9) "licensing" includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendments, modification,

or conditioning of a license;

(10) "sanction" includes the whole or a part of an agency-, (A) prohibition requirement, limitations, or other condition affecting the

freedom of a person;

(B) withholding of relief;

(C) imposition of penalty or fine;

(D) destruction, taking, seizure, or withholding of property;

Volume 1, Page8-3
I (E) Assessment of damages, reimbursement, restitution, compensation, costs,

charges, or fees;

(F) requirement, revocation, or suspension of a license; or

(G) taking other compulsory or restrictive action;

(11) "relief' includes the whole or a part of an agency-

(A) grant of money, assistance, license, authority, exemption, exception,

privilege, or remedy; I (B) recognition of a claim, right, immunity, privilege, exemption, or exception;

or

(C) taking of other action on the application or petition of, and beneficial to, a

,person;.

(12) "agency proceedings" means an agency process as defined by paragraphs (5),

(7), and (9) of this section;

(13) "agency action" includes the whole or a part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof,. or failure to act; and

(14) "ex parte communication" means an oral or written communication not on the

public record with respect to which reasonable prior notice to all parties is not given,

but it shall not include requests for status reports on any matter or proceeding covered

by this Subchapter;

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 381; amended Pub. L. 94-409,

Sept. 13, 1976, 90 Stat. 1247.)

Sec. 552. Public Information; AgencyRules,'Opinions, Orders, Records, and

Proceeding n R O

(a)' Each agency shall make available to the public information as follows:

(1) Each agency shall separately state and currently publish in the Federal Register

for the guidance of the public-

(A) descriptions of its central and field organization and the established places

at which, the employees (and in the case of a uniformed service, the members)

from whom, and the methods whereby, the public may obtain information, make

submittals or requests, or obtain decisions;

(B) statements of the general course and method by which its functions are

channeled and determined, including the nature and requirements of all formal and

informal procedures available;

(C) rules of procedure, descriptions of forms available or the places at which

forms may be obtained, and instructions as to the scope and contents of all papers,

reports, or examinations; -I (D) substantive rules of general applicability adopted as authorized by law, and

statements' of general policy or interpretations of general applicability formulated

and adopted by the agency; and

b (E) each amendment, revision, or repeal of the foregoing.

Except to the extent that a person has actual and timely notice of the terms thereof,

a person may not in any manner be required to resort to, or be adversely affected by, a

matter required to be published in the Federal Register and not so published. For the

purpose of this paragraph, matter reasonably'available to the classof persons affected

thereby is deemed published in the Federal Register when incorporated by reference

therein -with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for

public inspection and copying- , (A) final opinions, including concurring and dissenting opinions, as well as

orders, made in the adjudication of cases;

'Section 552, as amended by Public Law 104-231, (110 Stat. 3049-3054), October 2, 1996.

Volume 1, Page 8-4
(B) those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register;

(C) administrative staff manuals and instructions to staff that affect a member

of the public;.

(D) copies of all records, regardless ofform or format, which have been

released to any person under paragraph (3) and which, because of the nature of

their subject matter, the agency determines have become or are likely to become

the subject of subsequent requests for substantially the same records; and

(E) a general ir~dex of the records referred to under subparagraph (D); unless

the materials are promptly published and copies offered for sale.: For records

created on or after November 1, 1996, within one year after such date, each

,:agency shall-make such-records available, including by computer,.

telecommunications or, if computerutelecommunications means have not been

established by the agency, by other electronic means. To the extent required to

prevent a clearly unwarranted invasion of personal privacy, an agency may delete

identifying details when it makes available or publishesan opinion, statement of

policy, interpretation, staff manual,' instruction, or copies of records referred to in

subparagraph (D). However, in each case the justification for the deletion shall be

explained fully in writing, and the extent of such deletion shall be indicated on the

portion of the record which is made available or published, unless including that

indication would harm an interest protected by the exemption in subsection (b)

under which the deletion is made. If ,technically feasible, the extent of the deletion

shall be indicated at the place in the record.where the deletion was made. Each

-agency shall also maintain and make available for public inspection and copying

current indexes providing identifying information for the public as to any matter

issued, adopted, or promulgated after July 4, 1967, and required by this paragraph -to.be made available or published. Each agency shall promptly publish, quarterly

or more frequently, and distribute (by sale or otherwise) copies of each index or - : supplements. thereto unless it determines by order published in the Federal

Register that the publication would be unnecessary and impracticable, in which

case the agency shall nonetheless provide copies of such index on request at a cost

!:,-.;not to :exceed the dirct cost of duplicaiion. Each agency shall make the index

referred to in subparagraph (E) available by computer telecommunications by December 31 i 1999., A final order, opinion, statement of policy, interpretation, or

-staff manual or instruction that affects a member of the public maybe relied on, - ..used, or cited as precedent by an agency against a party other than an agency only

(i) it has been indexed'and either made available or published as

provided by this paragraph; or

(ii) the party has actual and timely notice of the terms thereof.

-(3)(A) Except with respect to the records made available under paragraphs (1)

and (2) of this subsection, each agency, upon any request for records which (i) reasonably describes such records and (ii)-is made in accordance with published -rules stating the time, place, fees (if any), :and procedures to be followed, shall

make the records promptly available to any person.. . - (B) In making any record available to a person under, this paragraph, an agency

shall provide the record in any form or format requested by the person if the

-record is readily reproducible by the agency in that form or format. Each agency

shall make reasonabl• efforts to maintain its records in forms or formats that are

reproducible for puoses of this section. : • .-

(C) In responding under this paragraph to a request for~records, an agency shall

make reasonable efforts to search for the records in electronic form or format,

Volume 1, Page 8-5
ýexcept when such efforts would significantly interfere with the operation of the

agency's automated information system.

(D) For purposes of this paragraph, the term "search" means to review,

manually or by automated means, agency records for the purpose of locating those

records which are responsive to a request. (4)(A)(i) In order to carry out the provisions of this section, each agency shall

promulgate regulations, pursuant to notice and receipt of public comment,

specifying the schedule of fees applicable to the processing of requests under this

section and establishing procedures and guidelines for determining when such fees

should be waived or reduced. Such schedule shall conform to the guidelines

which shall -be promulgated, pursuant to notice and receipt of public comment, by

the Director of the Office of Management and budget and which shall provide for

a uniform schedule of fees for all agencies.

(ii) Such agency regulations shall provide that-

(1) fees shall be limited to reasonable standard charges for

document search, duplication, and review, when records are

requested for commercial use;,

(II) fees shall be limited to reasonable standard charges for

document duplication when records are not sought for

commercial use and the request is made by an educational or

noncommercial scientific institution, whose purpose is scholarly

or scientific research; or'a representative of the news media; and

(III) for any request not described in (I) or (II), fees shall be

limited to reasonable standard charges for document search and

duplication.

(iii) ý Documents shall be furnished without any charge'or at a charge

reduced below the fees established under clause (ii) if disclosure of the

information is in the public interest because it is likely to contribute

significantly to public understanding of the operations or activities of the

government and is not primarily in the commercial interest of the requester.

(iv) Fee'schedules shall provide for the recovery of only the direct costs of

search, duplication, or review. Review costs shall include only the direct costs

incurred during the initial examination of a document for the purposes of

determining whether the documents must be disclosed under this section and

for the purposes of withholding any portions exempt from disclosure under this

section.- Review costs may not include any costs incurred in resolving issues of

law or policy that may be raised in the course of processing a request under

this section. No fee may be charged by any agency under this section-

(I) if the costs of routine collection and processing of the fee

are likely to equal or exceed the amount of the fee; or; (II) for any request described in clause (ii)(II) or (III) of this

subparagraph for the first two hours of search time or for the

first one hundred pages of duplication.

(v) No agency may require advance payment of any, fee unless the

requester has previously failed to pay fees in a timely fashion, or the agency

has determined that the fee will exceed $250. ý I

(vi) Nothing in this subparagraph shall supersede fees chargeable under a

statute specifically providing for setting the level of fees for particular types of

records.

(vii) In any action by a requester regarding the waiver of fees under this

section, the court shall determine, the matter de novo: Provided, That the

court's review of the matter shall be limited to the record before the agency.

Volume 1, Page 8-6
(B) On complaint, the district court of the United States in the district in which

the complainant resides, or has his principal place of business, or in which the

agency records are situated, or in the District of Columbia, has jurisdiction to

enjoin the agency from withholding agency records and to order the production of

any agency records improperly withheld from the complainant. In such a case the

court shall determine the matter de novo, and may examine the contents of such

agency records in camera to determine whether such records or any part thereof

shall be withheld under any of the exemptions set forth in subsection (b) of this

section, and the burden is on the agency to sustain its action. In addition to any

other matters to which a court accords substantial weight, a court shall accord

substantial weight to an affidavit of an agency concerning the agency's

determination as to technical feasibility under paragraph (2C) and subsection (b)

and reproducibility under paragraph (3B).

(C) Notwithstanding any other provision of law, the defendant shall serve an

answer or otherwise plead to any complaint made under this subsection within

thirty days after service upon the defendant of the pleading in which such

complaint is made, unless the court otherwise directs for good cause shown. (D) Repealed. Public Law 98-620, title IV, section 402(2), Nov. 8, 1984,98

Stat. 3357.

(E) The court may assess against the United States reasonable attorney fees

and other litigation costs reasonably incurred in any case under this section in

which the complainant has substantially prevailed.

(F) Whenever the court orders the production of any agency records

improperly withheld from the complainant and assesses against the United States

reasonable attorney fees and other litigation costs, and the court additionally issues

a written finding that the circumstances surrounding the withholding raise

questions whether agency personnel acting arbitrarily or capriciously with respect

to the withholding, the Special Counsel shall promptly initiate a proceeding to

determine whether disciplinary action is warranted against the officer or employee

who was primarily responsible for the withholding. The Special Counsel, after

investigation and consideration of the evidence submitted, shall submit his

findings and recommendations to the administrative authority of the agency

concerned and shall send copies of the findings and recommendations to the

"officer or employee of his representative., The administrative authority shall take

the corrective action that the Special Counsel recommends.

(G) In the event of noncompliance with the order of the court,' the district

court may punish for contempt the responsible employee, and in the case of a

uniformed service, the responsible member.

(5) Each agency having more than one member shall maintain and make available

for public inspection a record of the final votes of each member in every agency

proceeding..

(6)(A) Each agency, upon any request for records made under paragraph (1), (2),

or (3) of this subsection shall-

(i) determine within 20 days (excepting Saturdays, Sundays, and legal public

holidays) after the receipt of any such request whether to comply with such request

and shall immediately notify the person making such request of such determination

and the reasons therefor, and of the right of such person to appeal to the head of

the agency any adverse determination; and

• (ii) make a determination with respect to any appeal within twenty days

.(excepting Saturdays, Sundays and legal public holidays) after the receipt of such

appeal. If on appeal the denial of the request for records is in whole or in part

upheld, the agency shall notify the person making such request of the provisions

for judicial review of that determination under paragraph (4) of this subsection.

Volume 1, Page 8-7
(B)(i) In unusual circumstances as specified in this subparagraph, the time

limits prescribed in either clause (i) or clause(ii) of subparagraph (A) may be

extended by written notice to the person making such request settling forth the

unusual circumstances for such. extension and the date on which a determination is

expected to, be dispatched. No such notice shall specify a date that-would result in

an extension for more than. ten working days, except as provided in clause (ii) of

this subparagraph.

(ii) With respect to a request for. which a written notice under clause (i) extends

the time limits prescribed under clause (i) of subparagraph (A), the agency shall

notify the person making the request if the request cannot be processed within the

time limit specified in that clause and shall provide the person an opportunity to

limit the scope of the request so that it may be processed within that time limit or

an opportunity to arrange with. the agency an alternative time frame for processing

'the request or a modified request. Refusal by the person to reasonably modify the

request or arrange such an alternative time frame shall be considered as a factor in

determining whether exceptional circumstances exist for purposes of

subparagraph (C).

(iii) As used in this subparagraph, "unusual circumstances" means, but only to

the extent reasonably necessary to the proper processing of the particular requests-

(I) the need to search for and collect the requested records from

* field facilities or other establishments that are separate from the office

processing the request;

(H) the need to.search for, collect, and appropriately examine a

voluminous amount of separate and distinct records which are

demanded in a single request; or.

(III) the need for consultation, which shall be conducted with all

practicable speed, with another agency having a substantial interest in

the determination of the request or among two or more components of

the agency having substantial subject-matter interest therein.

(iv) Each agency may promulgate regulations, pursuant to notice and receipt of

public comment, providing for the aggregation of certainrequests by the same

requestor, or by a group of requestors acting in concert, if the agency reasonably

believes that such requests actually constitute a single request, which would

otherwise satisfy the unusual circumstances specified in this subparagraph, and the

requests involve clearly related matters. Multiple requests involving unrelated

matters shall not be aggregated.

(C)(i) Any person making a request to any agency for records under paragraph

(1), (2), or (3) of this subsection shall be deemed to have exhausted his

administrative remedies with respect to such request if the agency fails to comply

with the applicable time limit provisions of this paragraph. If the Government can

show exceptional circumstances exist and that the agency is exercising due

diligence in responding to the request, the court may retain jurisdiction and allow

the agency additional time to complete its review of the records. Upon any

determination by an agency to comply with a request for records, the records shall

.be made promptly available to such person making such request. Any notification

of denial of any request for records, under this subsection shall set forth the names

and tides or positions of each person responsible for the denial of such request.

(ii) For purposes of this subparagraph, the term "exceptional circumstances"

does not include a delay that results from a predictable agency workload of

requests under this section, unless the agency demonstrates reasonable progress in

reducing its backlog of pending requests. I (iii) Refusal by a person to reasonably modify the scope of a request or arrange

an alternative time frame for processing a request (or a modified request) under

Volume 1, Page 8-8
clause (ii) after being given an opportunity to do so by the agency to whom the

person made the request shall be considered as a factor in determining whether

exceptional circumstances exist for purposes of this subparagraph. . (D)(i) Each agency may promulgate regulations, pursuant to notice and receipt

of public comment, providing for multitrack processing of requests for records

based on the amount of work or time (or both) involved in processing requests.

(ii) Regulations under this subparagraph may provide a person making a

request that does not qualify for the fastest multitrack processing an opportunity to

limit the scope of the request in order to qualify for faster processing.

(iii) This subparagraph shall not be considered to affect the requirement under

subparagraph (C) to exercise due diligence.

(E)(i) Each agency shall promulgate regulations, pursuant to notice and receipt

-of public comment, providing for expedited processing of requests for records-

(I) in ••. cases in which the person requesting the records demonstrates a

compelling need; and

(II) in other cases determined by the agency.

(ii) Notwithstanding clause (i), regulations under this subparagraph must

ensure-.

(1) that a determination of whether to provide expedited processing

shall be made, and notice of the determination shall be provided to the

person making the request, within 10 days after the date of the request; and

(II) expeditious consideration of administrative appeals of such

determinations of whether to provide expedited processing.

(iii) An agency shall process as soon as practicable any request for records to

which the agency has granted expedited processing under this subparagraph.

Agency action to deny or affirm denial of a request for expedited processing

pursuant to this subparagraph, and failure by an agency to respond in a timely

manner to such a request shall be subject to judicial review under paragraph (4),

except that the judicial review shall be based on the record before the agency at

the time of the determination,

(iv) A district court of the United States shall not have jurisdiction to review an

agency denial of expedited processing of a request for records after the agency has

provided a complete response to the request.

(v) For purposes of this subparagraph, the term "compelling need" means-

(I) that a failure to obtain requested records on an expedited basis under

this paragraph could reasonably be expected to pose an imminent threat to

the life or physical safety of an individual; or

(IH) with respect to a request made by a person primarily engaged in

disseminating information,: urgency to inform the public concerning actual

or alleged Federal Government activity.

(vi) A demonstration of a compelling need by a person making a request for

expedited processing shall be made by a statement certified by such person to be *.true and correct to the best of such person's knowledge and belief.

(F) In denying a request for records, in whole or in part,: an agency shall make

a reasonable, effort to estimate the volume of any requested matter the provision of

.which is denied, and shall provide any such estimate to the person making the

request, unless providing such estimate would harm an interest protected by the

exemption in subsection (b) pursuant to which the denial is made.

(b) This section does not apply to matters that are-

(IXA) specifically authorized under criteria established by an Executive order to

be kept secret in the interest of national defense or foreign policy and (B) are in fact

properly classified pursuant to such Executive Order; , , (2) related solely to the internal personnel rules and practices of an agency;

Volume 1, Page 8-9
(3) specifically exempted from disclosure by statute (other than section 552b of

this title), provided that such statute (A) requires that the matters be withheld from the

public in such a manner as to leave no discretion on the issue, or (B) establishes

particular criteria for withholding or refers to particular types of matters to be

withheld;

(4) trade secrets and commercial or financial information obtained from a person

and privileged or confidential;

(5) inter-agency or intra-agency memorandums or letters which would not be

available by law to a party other than an agency in litigation with the agency; (6) personnel and medical files and similar files the disclosure of which would

constitute a clearly unwarranted invasion of personal privacy; " (7) records or information compiled for law enforcement purposes, but only to the

extent that the production of such law enforcement records or information (A) could

reasonably be expected to interfere with enforcement proceedings, (B) would deprive

a person of a right to a fair trial or an impartial adjudication, (C).could reasonably be

expected to constitute an unwarranted invasion of personal privacy, (D) could

reasonably be expected to disclose the identity of a confidential source, including a

State, local, or foreign agency or authority or any private institution which furnished

information on a confidential basis, and, in a case of a record or information compiled

by criminal law enforcement authority in the course of a criminal investigation or by

an agency conducting a lawful national security intelligence investigation, information

furnished by a confidential source, (E) would disclose techniques and procedures for

law enforcement investigations or prosecutions, or would disclose guidelines for law

enforcement investigations or prosecutions if such disclosure could reasonably be

expected to risk circumvention of the law, or (F) could reasonably be expected to

endanger the life or physical safety of any individual;

(8) contained in or related to examination, operating, or condition reports prepared

by, on behalf of, or for the use of an agency responsible for the regulation or

supervision of financial institutions; or

(9) geological and geophysical information and data, including maps, concerning

wells.

Any reasonably segregable portion of a record shall be provided to any person

requesting such record after deletion of the portions which are exempt under this

subsection. The amount of information deleted shall be indicated on the released portion

of the record, unless including that indication would harm an interest protected by the

exemption in this subsection under which the deletion is made. If technically feasible, the

amount of the information deleted shall be indicated at the place in the record where such

deletion is made.

(c)(l) Whenever a request is made which involves access to records described in

subsection (b)(7)(A) and-

(A) the investigation or proceeding involves a possible violation of criminal

law; and

(B) there is reason to believe that (i) the subject of the investigation or

proceeding is not aware of its pendency, and (ii) disclosure of the existence of the

records could reasonably be expected to interfere with enforcement proceedings, the agency may, during only such time as that circumstance continues, treat the

records as not subject to the requirements of this section.

(2) Whenever informant records maintained by a criminal law enforcement agency

under an informant's name or personal identifier are requested by a third party

according to the informant's name or personal identifier, the agency may treat the

records as not subject to the requirements of this section unless the informant's status

as an informant has been officially confirmed.

Volume 1, Page 8-10
(3) Whenever a request is made which involves access to records maintained by

the Federal Bureau of Investigation pertaining to foreign intelligence or

counterintelligence, or international terrorism, and the existence of the records is

classified information as provided in subsection (b)(1), the Bureau may, as long as the

existence of the records remains classified information, treat the records as not subject

to the requirements of this section. "

(d) This section does not authorize withholding of information or limit the availability

of records to the public, except as specifically stated in this section. This section is not

authority to withhold information from Congress.

(e)(1) On or before February 1 of each year, each agency shall submit to the Attorney

General of the United States a report which shall cover the preceding fiscal year and

which shall include-

(A) the number of determinations made by the agency not to comply with

requests for records made to such agency under subsection (a) and the reasons for

each such determination;

(B)(i) the number of appeals made by persons under subsection (a)(6), the

result of such appeals, and the reason for the action upon each appeal that results

in a denial of information; and

(ii) a complete list of all statutes that the agency relies upon to authorize

the agency to withhold information under subsection (b)(3), a description of

whether a court has upheld the decision of the agency to withhold information

under each such statute, and a concise description of the scope of any

information withheld;

(C) the number of requests for records pending before the agency as of

September 30 of the preceding year, and the median number of days that such

requests had been pending before the agency as of that date; (D) the number of requests for records received by the agency and the number

of requests which the agency processed;

(E) the median number of days taken by the agency to process different types

of requests;

(F) the total amount of fees collected by the agency for processing requests;

and:,

(G) the number of full-time staff of the agency devoted to processing requests

for records under this section, and the total amount expended by the agency for

processing such requests.

(2) Each agency shall make each such report available to the public including by

computer telecommunications, or if computer telecommunications means have not

been established by the agency, by other electronic means.

(3) The Attorney General of the United States shall make each report which has

been made available by electronic means available at a single electronic access point.

The Attorney General of the United States shall notify the Chairman and ranking

minority member of the Committee on Government Reform and Oversight of the

House of Representatives and the Chairman and ranking minority member of the

Committees on Governmental Affairs and the Judiciary of the Senate, no later than

April 1 of the year in which each such report is issued, that such reports are available

by electronic means.

(4) The Attorney General of the United States, in consultation with the Director of

the Office of Management and Budget, shall develop reporting and performance

guidelines in connection with reports required by this subsection by October 1, 1997,

and may establish additional requirements for such reports as the Attorney General

determines may be useful.

(5) The Attorney General of the United States shall submit an annual report on or

before April I of each calendar year which shall include for the prior calendar year a

Volume I, Page 8-11
listing of the number of cases arising under this section, the exemption involved in

each case, the disposition of such case, and the cost, fees, and penalties assessed under

subparagraphs (E), (F), and (G) of subsection (a)(4). Such report shall also include a

description of the efforts undertaken by the Department of Justice to encourage

agency compliance with this section.

(f) For purposes of this section, the term- , (1) "agency" as defined in section 551(1) of this title includes any executive

department, military department, Government corporation, Government controlled

corporation, or other establishment in the executive branch of the Government

(including the Executive Office of the President), or any independent regulatory

agency; and

(2) "record" and any other term used in this section in reference to information

includes any information that would be an agency record subject to the requirements

of this section when maintained by an agency in any format, including an electronic

format.

(g) The head of each agency.shall prepare and make publicly available upon request,

reference material or a guide for requesting records or information from the agency,

subject to the exemptions in subsection (b), including-

(1) an index of all major information systems of the agency;

(2) a description of major information-and record locator systems maintained by

,the agency; and

(3) a handbook for obtaining various lypes and categories of public information

from the agency pursuant to chapter 35 of title 44, and under this section.2

Sec. 552a. Records Maintained On Individuals

(a) DEFINITIONS.-For purposes of this section-

(1) the term "agency" means agency as defined in section 552(e) of this title;

(2) the term,"individual" means a citizen of the United States or an alien lawfully

admitted for permanent residence; . (3) the term "maintain" includes maintain, collect, use, or disseminate;

(4) the term "record" means any item, collection, or grouping of information about

an individual that is maintained by an agency; including, but not limited to, his

education, financial transactions, medical history, and criminal or employment history

and that contains his name, or the identifying number, symbol, or other identifying

particular assigned to the individual, such as a finger or voice print or a photograph;

(5) the term "system of records" means a group of any records under the control of

any agency from which information is retrieved by the name of the individual or by

some identifying number, symbol, or other identifying particular assigned to the

individual;

(6) the term "statistical record", means a record in a system of records maintained

for statistical research or reporting purposes only and not used in whole or in part in

making any determination about an identifiable individual, except as provided by

section 8 of title 13; and ,"

'(7) the term "routine use" means, with respectato the disclosure of a record, the use

of such record for a purpose which is compatible with the purpose for which it was

collected.

(8) the term "matching program"--

(A) means any computerized comparison of- .. (i) two or more automated systems of records or a system of records

with non-Federal records for the purpose of-

(I) establishing or verifying the eligibility of,. or continuing

compliance with statutory and regulatory requirements by, applicants

'As amended, Public Law 104-23.1, secs. 3-I1, (110 Stat. 3049 to3054), Oct. 2, 1996.

Volume l; Page 8-12
for, recipients or beneficiaries of, participants in, or providers of

services with respect to, cash or in-kind assistance or payments under

Federal benefits programs, or

(II) recouping payments or delinquent debts under such Federal

benefit programs, or

(ii) two or more automated Federal personnel or payroll systems of

records or a system of Federal personnel or payroll records with

non-Federal records,

(B) but does not include-

(i) matches performed to produce aggregate statistical data without any

personal identifiers;

(ii) matches performed to support any research or statistical project, the

specific data of which may not be used to make decisions concerning the

rights, benefits, or privileges of specific individuals; . (iii) matches performed, by an agency (or component thereof) which

performs as its principal function any activity pertaining to the enforcement

of criminal laws, subsequent to the initiation of a specific criminal or civil

law enforcement investigation of a named person or persons for the

purpose of gathering evidence against such person or persons;

(iv) matches of tax information- -

, : (I) pursuant to section 6103(d) of the Internal Revenue Code of

1986,

(II) for purposes of tax administration as defined in

section 6103(b)(4) of such Code,

(III) for the purpose of intercepting a tax refund due an individual

under authority granted by section 404(e), 464, or 1137 of the Social

Security Act; or

(IV) for the purpose of intercepting a tax refund due an individual

under any other tax refund intercept program authorized by statute

which has been determined by the Director of the Office of

Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in

section 1137 of the Social Security Act; - (v) matches-.,

(I) using records predominantly relating to Federal personnel, that

are performed for routine administrative purposes (subject to guidance

provided by the Director of the Office of Management and Budget

pursuant to subsection (v)); or -

(II) conducted by an agency using only records from systems of

records maintained by that agency; if the purpose of the match is not to

take any adverse financial, personnel, disciplinary, or other adverse

action against Federal personnel. (vi) matches performed for foreign counterintelligence purposes or to

produce background checks for security clearances of Federal personnel or

Federal contractor personnel;

(vii) matches performed incident to a levy described in

section 6103(k)(8) of the Internal Revenue Code of 1986; or

(viii) matches performed pursuant to section 202(x)(3) or 16119e)(I) of

the Social Security Act;

(9) the term "recipient agency" means any agency, or contractor thereof, receiving

records contained in a system of records from a source agency for use in a matching

program;

Volume 1, Page 8-13
(10) the term "non-Federal agency" means any State or local government, or

agency thereof, which receives records contained in a system of records from a source

agency for use in a matching program;

(11) the term "source agency" means any agency which discloses records

contained in a system of records to be used in a matching program, or any State or

local government, or agency thereof, which discloses records to be used in a matching

program;

(12) the term "Federal benefit program" means any program administered or

funded by the Federal Government, or by any agent or State on behalf of the Federal

Government, providing cash or in-kind assistance in the form of payments, grants,

loans, or loan guarantees to individuals; and

(13)the term "Federal personnel" means officers and employees of the

Government of the United States, members of the uniformed services (including

members of the Reserve Components), individuals entitled to receive immediate or

deferred retirement benefits under any retirement program of the Government of the

* United States (including survivor benefits).

(b) CONDITIONS OF DISCLOSURE-No agency shall disclose any record which is

contained in a system of records by any means of communication to any person, or to

another agency, except pursuant to a written request by, or with the prior written consent

of, the individual to whom the record pertains, unless disclosure of the record would be-

(1) to those officers and employees of the agency which maintains the record who

have a need for the record in the performance of their duties;

(2) required under section 552 of this title;

(3) for a routine us as defined in'subsection' (a)(7) of this section and described

under subsection (e)(4)(D) of this section;

(4) to the Bureau of the Census for purposes of planning or carrying out a census

or survey or related activity pursuant to the provisions of Title13;

(5) to a recipient who has provided the agency with advance adequate written

assurance that the record will be used solely as a statistical research or reporting

record, and the record is to be transferred in a form that is not individually

identifiable;

(6) to the National Archives of the United States as a record which has sufficient

historical or other value to warrant its continued preservation by the United States

Government, or for evaluation by the Administrator of General Services or his

designee to determine whether the record has such value;

(7) to another agency or to an instrumentality of any governmental jurisdiction

-within or under the control of the United States for a civil or criminal law enforcement

activity if the activity is authorized by law, and if the head of the agency or

instrumentality has made a written request to the agency which maintains the record

specifying the particular portion desired and law enforcement activity for which the

record is sought;

(8) to a person pursuant to a showing of compelling circumstances affecting the

health or safety of an individual if upon such-disclosure notification is transmitted to

the last known address of such individual;

(9) to either House of Congress, or, to the extent of matter within its jurisdiction,

any committee or subcommittee thereof, any joint committee of Congress or

subcommittee of any such joint committee;

(10) to the Comptroller General, or any of his authorized representatives, in the

course of the performance of the duties of the General Accounting Office;

(11) pursuant to the order of a court of competent jurisdiction; or

(12) to a consumer reporting agency'in accordance with section 371 1(f) of title 3 1.

(c) ACCOUNTING OF CERTAIN DISCLOSURES.-Each agency, with respect to

each system of records under its control, shallVolume 1, Page 8-14
(1) except for disclosures made under subsections (b)(1) or (b)(2) of this section,

keep an accurate accounting of-

(A) the date, nature, and purpose of each disclosure of a record to any person

or to another agency made under subsection (b) of this section; and

(B) the name and address of the person or agency to whom the disclosure is

made;

(2) retain the accounting made under paragraph (1) of this subsection for at least

five years or the life of the record, whichever is longer, after the disclosure for which

the accounting is made;

(3) except for disclosures made under subsection (b)(7) of this section, make the

accounting made under paragraph (1) of this subsection available to the individual

named in the record at his request; and

(4) inform any person or other agency about any correction or notation of dispute

made by the agency in accordance with subsection (d) of this section of any record

that has been disclosed tothe person or agency if an accounting of the disclosure was

made.

(d) ACCESS TO RECORDS.-Each agency that maintains a system of records shall-

(1) upon request by any individual to gain access to his record or any information

pertaining to him which is contained in the system, permit him and upon his request, a

person of his own choosing to accompany him, to review the record and have a copy

made of all or any portion thereof in a form comprehensible to him, except that the

agency may require the individual to furnish a written statement authorizing

discussion of that individual's record in the accompanying person's presence;

(2) permit the individual to request amendment of a record pertaining to him and-

(A) not later than 10 days (excluding Saturdays, Sundays, and legal public

holidays) after the date of receipt of such request, acknowledge in writing such

receipt; and-

(B) promptly, either-

(i) make any correction of any portion thereof which the individual believes

is not accurate, relevant, timely, or complete; or

(ii) inform the individual of its refusal to amend the record in accordance

with his request, the reason for the refusal, the procedures established by the

agency for the individual to request a review of that refusal by the head of the

S agency or an officer designated by the head of the agency, and the name and

business address of that official;

_-(3) permit the individual -who disagrees with the refusal of the agency to amend his

record to request a review of such refusal, and not later than 30 days (excluding

Saturdays, Sundays, and legal public holidays) from the date on which the individual

requests such review, complete such review and make a final determination unless, for

good cause shown, the head -of the agency extends such 30-day period; and, if after his

review, the reviewing official also refuses to amend the record in accordance with the

request, permit the individual to file with the agency a concise statement setting forth

the reasons for his disagreement with the refusal of the agency,. and notify the

individual of the provisions for judicial review of the reviewing official's

determination under subsection (g)(1)(A) of this section; ;I (4).in any disclosure, containing information about which the individual has filed a

statement of disagreement, occurring after the filing of the statement under paragraph

(3) of this subsection, clearly note any portion of the record which is disputed and

provide copies of the statement and, if the agency deems it appropriate, copies of a

concise statement of the reasons of the agency for not making the amendments

requested, to persons or other agencies to whom the disputed record has been

disclosed; and

Volume 1, Page 8-15
(5) nothing in this section shall allow an individual access to any information

compiled in reasonable anticipation of a civil action or proceeding.

(e) AGENCY REQUIREMENTS.-Each agency that maintains a system of records

shall-

(1) maintain in its records only such'information about an individual as is relevant

and necessary to accomplish a purpose of the agency required to be accomplished by

statute or by executive order of the President;

j (2) collect information to the greatest extent practicable directly from the subject

individual when the information may result in adverse determinations about an

individual's rights, benefits, and privileges under Federal programs;

(3) inform each individualmwhom it asks to supply information, on the form which

it uses to collect the information or on a separate form that can be retained by the

individual- . (A) the authority (whether granted by statue, or by executive order of the

President) which authorizes the solicitation of the information and whether

disclosure of such information is mandatory or voluntary;

(B) the principal purpose or purposes for which the information is intended to

beused;

(C) the routine uses which may be made of the information, as published

pursuant to paragraph (4)(D) of this subsection; and ... . . I

(D) the effects on him, if any, of not providing all or any part of the requested

information;

(4) subject to the provisions of paragraph (11) of this subsection, publish in the

Federal Register upon establishment or revision a notice of the existence and character

of the system of records, which notice shall include-.

(A).the name and location of the system;

(B) the categories of individuals on whom records are maintained in the

system;

(C) the categories of records maintained in the system;

(D) each routine use of the records contained in the system, including the

categories of users and the purpose of such use;

(E) the policies and practices of the agency regarding storage, retrievability,

access controls, retention, and disposal of the records;

(F) the title and business addressof the agency official who is responsible for

the system of records;

(G) the agency procedures whereby an individual can be notified at his request

if the system of records contains a record pertaining to him;

(H) the agency procedures whereby an individual can be notified at his request

how he can gain access to any record pertaining to him contained in the system of

records, and how he can contest its content; and

(1) the categories of sources of records in the system;

(5) maintain all records which are used by the agency in making any determination

about any individual with such accuracy, relevance, timeless, and completeness as is

reasonably necessary to assure fairness to the individual in the determination;

(6) prior to disseminating any record about an individual to any person other than

an agency, unless the dissemination is made pursuant to subsection (b)(2) of this

section, make reasonable efforts to assure that such records are accurate, complete,

timely, and relevant for agency purposes;

(7) maintain no record describing how any individual exercises rights guaranteed

by the First Amendment unless expressly authorized by statute or by the individual

about whom the record is maintained or unless pertinent to and within the scope of an

authorized law enforcement activity;

Volume 1, Page 8-16
(8) make reasonable efforts to serve notice on an individual when any record on

such individual is made available to any person under compulsory legal process when

such process becomes a matter of public record; . . (9) establish rules of conduct for persons involved in the design, development,

operation, or maintenance of any system of records, or in maintaining any record, and

instruct each such person with respect to such rules and the requirements of this

section, including any other rules and procedures adopted pursuant to this section and

the penalties for noncompliance;

(10) establish appropriate administrative, technical, and physical safeguards to

insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm,

embarrassment, inconvenience, or unfairness to any individual on whom information

is maintained; and , (11) at least 30 days prior to publication of information under paragraph (4)(D) of

this subsection, publish in the Federal Register notice of any new use or intended use

of the information in the system, and provide an opportunity for interested persons to

submit written data, views, or arguments to the agency.

(12) if such agency is a recipient agency or a source agency in a matching program

with a non-Federal agency, with respect to any establishment or revision of a

matching program, at least 30 days prior to conducting such program, publish in the

Federal Register notice of such establishment or revision.

M() AGENCY RULES.-In order to carry out the provisions of this section, each

agency that maintains a system of records shall promulgate rules, in accordance with the

requirement (including general notice) of section 553 of this title, which shall-

(1) establish procedures whereby an individual can be notified in response to his

request if any system of records named by the individual contains a record pertaining

to him;

(2) define reasonable times, places, and requirements for identifying an individual - who requests his record or information pertaining to him before the agency shall make

the record or information available to the individual;

(3) establish procedures for the disclosure to an individual upon his request of his

record or information pertaining to him, including special procedures, if deemed

necessary, for the disclosure to an individual of medical records, including

psychological records pertaining to him;: -

(4) establish procedures for reviewing a request from an individual concerning the

amendment to any record or information pertaining to the individual, for making a

determination on the request, for an appeal within the agency of an initial adverse

agency determination, and for whatever additional means may. be necessary for each

individual to be able to exercise fully his rights under this section; and.. . ý (5) establish fees to be, charged, if any, to any individual for making copies of his

record, excluding the cost of any search for and review.of the record.

The Office of the Federal Register shall annually compile and publish the rules

promulgated under this subsection and agency notices published under subsection (e)(4)

of this section in a form available to the public at low cost.

(g)(1) CIVIL REMEDIES.-Whenever any. agency- . - (A) makes a determination under subsection (d)(3) of this section not to amend

an individual's record in accordance with his request, or fails to make such review

in conformity with that subsection; -- . - I I :

(B) refuses to comply with an individual request under subsection (d)(1) of this

section; .. .. -. - I - 4 1 . I , (C) fails to maintain any record concerning any individual with such accuracy,

relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualification, character, rights, or opportunities of, or

Volume 1, Page 8-17
benefits to the individual that may be made on the basis of such record, and

consequently a determination is made which is adverse to the individual; or

(D) fails to comply with any other provisions of this section, or any rule

promulgated thereunder, in such a way as to have an adverse effect on an

individual, the individual may bring a civil action against the agency, and the

district courts of the United States shall .have jurisdiction in the matters under the

provisions of this subsection.

(2)(A) In any suit brought under the provisions of subsection (g)(1)(A) of this

section, the court may order the agency to amend the individual's record in

accordance with his request or in such other way as the court may direct. In such case

the court shall determine the matter de novo.

(B) The court may assess against the United States reasonable attorney fees

and other litigation costs reasonably incurred in any case under this paragraph in

*which the complainant has substantially prevailed..

(3)(A) In any suit brought under the provisions of subsection (g)(1)(B) of this

section, the court may enjoin the agency from withholding the records and order the

production to the complainant of any agency records improperly withheld from him.

In such a case the court shall determine the matter de novo, and may examine the

contents of any agency records in camera to determine whether the records or any

portion thereof may be withheld under any of the exemptions set forth in subsection

(k) of this section, and the burden is on the agency to sustain its action.

(B) The court may assess against the United States reasonable attorney fees

and other litigation costs reasonably incurred in any case under this paragraph in

which the complainant has substantially prevailed.

(4) In any suit brought under the provisions of subsection (g)(1)(C) or (D) of this

section in which the court determines that the agency acted in a manner which was

intentional or willful, the United States shall be liable to the individual in an amount

equal to the sum of-

(A) actual damages sustained by the individual as a result of the refusal or

failure, but in no case shall a person entitled to recovery receive less than the sum

of $1,000; and

(B) the costs of the action together with reasonable attorney fees as determined

by the court.

(5) An action to enforce any liability created under -this section may be brought in

the district court of the United States in the district in which the complainant resides,

or has his principal place of business, or in which the agency records are situated, or

in the District of Columbia, without regard to the amount in controversy, within two

years from the date on which the cause of action arises, except that where an agency

has materially and willfully misrepresented any information required under this

section to be disclosed to an individual and the information so misrepresented is

material to establishment of the liability of the agency to the individual under this

section, the action may be brought at any time within two years after discovery by the

individual of the misrepresentation. Nothing in this section shall be construed to,

authorize any civil action by reason of any injury sustained as the result of a disclosure

of a record prior to September 27, 1975.

(h), RIGHTS OF LEGAL GUARDIANS.-For the purpose of this section, the parent of

any minor, or the legal guardian of any individual who has been declared to be

incompetent due to physical or mental incapacity or age by a court of competent

jurisdiction, may act on behalf of the individual.

(i)(1) CRIMINAL PENALTIES.-Any officer or employee of an agency, - who by virtue of his employment or official position, has possession of, or

access to, agency records which contain individually identifiable information

the disclosure of which is prohibited by this section or by rules or regulations

Volume 1, Page 8-18
established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any

person or agency not entitled to receive it, shall be guilty of a misdemeanor

and fined not more than $5,000.

(2) Any officer or employee of any agency who willfully maintains a system of

records without meeting the notice requirements of subsection (e)(4) of this section

shall be guilty of a misdemeanor or fined not more than $5,000. (3) Any person who knowingly and willfully requests or obtains any record

concerning an individual from an agency under false pretenses shall be guilty of a

misdemeanor and fined not more than $5,000.

(j) GENERAL EXEMPTIONS.-The head of any agency may promulgate rules, in

accordance with the requirements (including general notice) of sections 553(b)(1), (2) and

(3), (c), and (e) of this title, to exempt any system of records within the agency from any part of this section except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10) and (11), and (i) if the system of records is-

(1) maintained by the Central Intelligence Agency; or•

(2) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the

activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of (A) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status; (B) information

compiled for the purpose of a criminal investigation, including reports of informants

and investigators, and associated with an identifiable individual; or (C) reports identifiable to an individual compiled at any stage of the process of enforcement of the

criminal laws from arrest or indictment through release from supervision. At the time rules are adopted under this subsection, the agency shall include in the

statement required under section 553(c) of this title, the reasons why the system of records is to be exempted from a provision of this section. I I

(k) SPECIFIC EXEMPTIONS.-The head of any agency may promulgate rules, in

accordance with the requirements (including general notice) of sections 553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records within the agency from

subsections (c)(3), (d), (e) (1), (e): (4) (G), (H), and (I) and (f) of this section if the system of records is-

(1) subject to the provisions of section 552(b)(1) of this title; (2) investigatory material compiled for law enforcement purposes, other than

material within the scope of subsection (j)(2) of this section: Provided, however, That

if any individual is denied any right, privilege, or benefit that he would otherwise be

entitled by Federal law, or for which he would otherwise be eligible, as a result of the

maintenance of such material, such material shall be provided to such individual,

except to the extent that the disclosure of such material would reveal the identity of a

source who furnished information to the Government under an express promise that

the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in

confidence;

(3) maintained in connection with providing protective services to the President of

the United States or other individuals pursuant to section 3056 of title 18; (4) required by statute to be maintained and used solely as statistical records; (5) investigatory material compiled solely for the purpose of determination

suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent

Volume 1, Page 8-19
that the disclosure of such material would reveal the identity of a source who

furnished information to the Government under an express promise that the identity of

the source would be held in confidence, or, prior to the effective date of this section,

under an implied promise that the identity of the source would be held in confidence;

(6) testing or examination material used solely to determine individual

qualifications for appointment or promotion in the Federal service the disclosure of

which would compromise the objectivity or fairness of the testing or examination

process; or -

,(7) evaluation material used to determine potential for promotion inthe armed

services, but only to the extent that the disclosure of such material would reveal the

identity of a source who furnished information to the Government under an express

promise that the identity of the source would be held in confidence, or, prior to the

effective date of this section, under an implied promise that the identity of the source

would be held in confidence.

At the time rules are adopted under this, subsection, the agency shall include in the

statement required under section 553(c) of this title the reasons: why the system of records

is to be exempted from a provision of this section.

(1)(1) ARCHIVAL RECORDS.-Each agency record which is accepted by the:

Administrator of General Services for storage, processing, and servicing in accordance

with section 3103 of title 44 shall, for the purposes of this section, be considered to be

maintained by the agency which deposited the record and shall be subject to the

provisions of this section. The Administrator of General Services shall not disclose the

record except to the agency which maintains the record, or under rules established by that

agency which are not inconsistent with the provisions of this section.

(2) Each agency record pertaining to an identifiable individual which was

transferred to the National Archives of the United States as a record which has

sufficient historical or other value towarrant its continued preservation by the United

States Government, prior to the effective date of this section, shall, for the purposes of

this section, be considered to be maintained by the National Archives and shall not be

subject to the provisions of this section, except that a statement generally describing

such records (modeled after the requirement relating torecords subject to subsections

(e)(4)(A) through (G) of this section) shall be published in the Federal Register.

(3) Each agency record pertaining to an identifiable individual which is

transferred to the National Archives of the United States as a record which has

sufficient historical or other value to warrant its continued preservation by the United

States Government, on or after the effective date of this section, shall, for the purposes

of this section, be considered to be maintained by the National Archives and shall be

exempt from the requirements of this section except subsections (e)(4)(A) through(G)

and (e)(9) of this section.

(m)(1) GOVERNMENT CONTRACTORS.-When an agency provides by a contract

for the operation by or on behalf of the agency of a system of records to accomplish an

agency function, the agency shall, consistent with its authority, cause the requirements of

this section to be applied to such system. For purposes of subsection (i) of this section any

such contractor and any employee of such contractor, if such contract is agreed to on or

after the effective date of this section, shall be considered to be an employee of an

agency--

(2) A consumer reporting agency to which a record is disclosed under

section 371 1(e) of title 31 shall not be considered a contractor for the purposes of this

section,

_(n) MAILING&LISTS.-An individual's name and address may not be sold or rented

by an agency unless such action is specifically authorized by law. This provision shall not

be construed to require the withholding of names and addresses otherwise permitted to be

made public.

Volume 1, Page 8-20
(o) MATCHING AGREEMENTS.-

(1) No record which is eontained in a system of records may be disclosed to a

recipient agency or non-Federal agency for use in a computer matching program

except pursuant to a written agreement between the source agency and the recipient

agency or non-Federal agency specifying-

(A) the purpose and legal authority for conducting the program;

(B) the justification for the program and the anticipated results, including a

specific estimate of any savings;

• (C) a description of the records that will be matched, including each data

element that will be used, the approximate number of records that will be matched,

•and the projected starting and completion dates of the matching program; (D) procedures for providing individualized notice at the time of application,

and notice periodically thereafter as directed by the Data 'Integrity Board of such

agency (subject to guidance provided by the Director of the Office of Management

and Budget pursuant to subsection (v)), to-

(i) applicants for and recipients offinancial assistance or payments under

Federal benefit programs, and

(ii) applicants for and holders of positions as Federal personnel, that any

information provided by such applicants, recipients, holders, and individuals

may be subject to verification through matching programs;. ' ' (E) procedures for verifying information produced in such matching program

as required by subsection (p);

(F) procedures for the retention and timely destruction of identifiable records

created by a recipient agency or non-Federal agency in such matching program; I (G) procedures for-ensuring the administrative, technical, and physical security

of the records matched and the results of such programs; -

(H) prohibitions'on duplication and redisclosure of records provided by the

source agency within or outside the recipient agency or the non-Federal agency,

except where required by law or essential to the conduct of the matching program; (I) procedures governing the use by a recipient agency or non-Federal agency of records provided in a matching program by a source agency, including Sprocedures governing return of the records to the source agency or destruction of

records used in such program;

(J) information on. assessments that have been made on the accuracy of the

*records that will be used in such matching program; and

(K).that the Comptroller General may have access to all records of a recipient

agency or a non-Federal agency that the Comptroller General deems necessary in

order to monitor or verify compliance with the agreement. (2)(A) A copy of each agreement entered into pursuant to paragraph (1) shall-

(i) be transmitted to the Committee on Governmental Affairs of the Senate

and the Committee on Government Operations of the House of

Representatives; and

* (ii) be available upon request to the public.

(B) No such agreement shall be effective until 30 days after the date on which

such a copy is transmitted pursuant to subparagraph (A)(i). ' (C) Such an agreement shall remain in effect only for such period, not to

!exceed 18 months, as the Data Integrity Board ofthe agency determines is

appropriate in light of the purposes, and length of time necessary for the conduct,

of the matching program.

(D) Within 3 months prior to the expiration of such an agreement pursuant to

subparagraph (C), the Data Integrity Board of the agency may, without additional

review, renew the matching agreement for a current, ongoing matching program for not more than one additional year ifVolume 1, Page 8-21
(i) such program will be conducted without any change; and. I

(ii) each party to the agreement certifies to the Board in writing that the

program has been conducted in compliance with the agreement.

(p) VERIFICATION AND OPPORTUNITY TO CONTEST FINDINGS-

(1) In order to protect any individual whose records are used in a matching

program, no recipient agency, non-Federal agency, or source agency may suspend,

terminate, reduce, or make a final denial of any financial assistance or payment under

a Federal benefit program to such individual, or take other adverse action against such

individual, as a result of information produced by such matching program, until-

(A)(i) the agency has independently verified the information; or

(ii) the Data Integrity Board of the agency, or in the~case of a non-Federal

agency the Data Integrity Board of the source agency, determines in

• accordance with guidance issued by the Director of the Office of Management

and Budget that-

(I) the information is limited to identification and amount of benefits

paid by the source agency under a Federal benefit program; and

(II) there is a high degree of confidence that the information provided to

the recipient agency is accurate;

(B) the individual receives a notice from the agency containing a statement of

its findings and informing the individual of the opportunity to contest such

findings; and

(C)(i) the expiration of any time period established for the program by statute

or regulation for the individual to respond to that notice; or

(ii) in the case of a program for which no such period is established, the

end of the 30-day period beginning on the date on which notice under

subparagraph (B) is mailed or otherwise provided to the individual.

(2) Independent verification referred to in paragraph (1) requires investigation and

confirmation of specific information relating to an individual that is used as a basis for

an adverse action against the individual, including where applicable investigation and

confirmation of-

(A) the amount of any asset or income involved;

(B) whether such individual actually has or had access to such asset or income

for such individual's own use; and

(C) the period or periods when the individual actually had such asset or

income.

(3) Notwithstanding paragraph (1), an agency may take any appropriate action

otherwise prohibited by such paragraph if the agency determines that the public health

or public safety may be adversely affected or significantly threatened during any

notice period required by such paragraph.

(q) SANCTIONS-

(1) Notwithstanding any other provision of law, no source agency may disclose

any record which is contained in a system of records to a recipient agency or

non-Federal agency for a matching program if such source agency has reason to

believe that the requirements of subsection (p), or any matching agreement entered

into pursuant to subsection (o), or both, are not being met by such recipient agency.

(2) No source agency may renew a matching agreement unless-

(A) the recipient agency or non-Federal agency has certified that it has

complied with the provisions of that agreement; and

(B) the source agency has no reason to believe that the certification is

inaccurate.

(r) REPORT ON NEW SYSTEMS AND MATCHING PROGRAMS-Each agency

that proposes to establish or make a significant change in a system of records or a

matching program shall provide adequate advance notice of any such proposal (in

Volume 1, Page 8-22
duplicate) to the Committee on Government Operations of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Office of Management and

Budget in order to permit an evaluation of the probable or potential effect of such

proposal on the privacy or other rights of individuals.

(s) BIENNIAL REPORT.-The President shall biennially submit to the Speaker of the

House of Representatives and the President pro tempore of the Senate a report- (1) describing the actions of the director of the Office of Management and Budget

pursuant to section 6 of the Privacy Act of .1974 during the preceding 2 years; (2) describing the exercise of individual rights of access and amendment under this

section during such years;

(3) identifying changes in or additions to systems of records;

(4) containing such other information concerning administration of this section as

may be necessary or useful to the congress in reviewing the effectiveness of this

section in carrying out the purposes of the Privacy Act of 1974.

(t) EFFECT OF OTHER LAWS-

(1) No agency shall rely on any exemption contained in section 552 of this title to

withhold from an individual any record which is otherwise accessible to such

individual under the provisions of this section.

(2) No agency shall rely on any exemption in this section to withhold from an

individual any record which is otherwise accessible to such individual under the

provisions of section 552 of this title.

(u) DATA INTEGRITY BOARDS-

(1) Every agency conducting or participating in a matching program shall establish

a Data Integrity Board to oversee and coordinate among the various components of

such agency the agency's implementation of this section.

(2) Each Data Integrity Board shall consist of senior officials designated by the

head of the agency, and shall include any senior official designated by the head of the

agency as responsible for implementation of this section, and the inspector general of

the agency, if any. The inspector general shall not serve as chairman of the Data

Integrity Board.

Volume 1, Page 8-23
(3) Each Data Integrity Board-

(A) shall review, approve, and maintain all written agreements for receipt or

disclosure of agency records for matching programs to ensure compliance with

subsection (o), and all relevant statutes, regulations, and guidelines;,

(B) shall review all matching programsin which the agency has participated

during the year, either as a source agency or recipient agency, determine

compliance with applicable laws, regulations, guidelines, and 'agency agreements,

and assess the costs and benefits of such programs; I (C) shall review all recurring matching programs in which the agency has

participated during the year, either as a source agency or recipient agency, for

continued justification for such disclosures;

(D) shall compile an annual report, which shall be submitted to the head of the .,agency and the Office of Management and Budget and made available to the , public on request, describing the matching activities of the agency, including- (i) matching programs in which the agency has participated as a source

agency or recipient agency; . . • •. 1 ý n I ,.

- (ii) matching agreements proposed under subsection (o) that were,

disapproved by the Board;:

(iii) any changes in membership or structure of the Board in the preceding

year;(iv) the reasons for any waiver of the requirement in paragraph (4) of this

section for completion and submission of a cost-benefit analysis prior to the

approval of a matching program;

(v) any violations of matching agreements that have been alleged or

identified and any corrective action taken; and

(vi) any other information required by the Director of the Office of

Management and Budget to be included in such report;

(E) shall serve as a clearinghouse for receiving and providing information on

the accuracy, completeness, and reliability of records used in matching programs;

(F) shall provide interpretation and guidance to agency components and

personnel on the requirements of this section for matching programs;

(G) shall review agency recordkeeping and disposal policies and practices for

matching programs to assure compliance with this section; and

(H) may review and report on any agency matching activities that are not

matching programs.

(4)(A) Except as provided in subparagraphs (B) and (C), a Data Integrity Board

shall not approve any written agreement for a matching program unless the agency

has completed and submitted to such Board a cost-benefit analysis of the proposed

program and such analysis demonstrates that the program is likely to be cost

effective.

(B) The Board may waive the requirements of subparagraph (A) of this

paragraph if it determines in writing, in accordance with guidelines prescribed by

the Director of the Office of Management and Budget, that a cost-benefit analysis

is not required.

(C) A cost-benefit analysis shall not be required under subparagraph (A) prior

to the initial approval of a written agreement for a matching program that is

specifically required by statute. Any subsequent written agreement for such a

program shall not be approved by the Data Integrity Board unless the agency has

submitted a cost-benefit analysis of the program as conducted under the preceding

approval of such agreement.

(5)(A) If a matching agreement is disapproved by a Data Integrity Board, any

party to such agreement may appeal the disapproval to the Director of the Office

of Management and Budget. Timely notice of the filing of such an appeal shall be

. Volume 1, Page 8-24
provided by the Director of the Office of Management and Budget to the

Committee on Governmental Affairs of the Senate and the Committee on

Government Operations of the House of Representatives.'

(B) The Director of the Office of Management and Budget may approve a

matching agreement notwithstanding the disapproval of a Data Integrity Board if

the Director determines that-

(i) the matching program will be consistent with all applicable legal,

regulatory, and policy requirements;

(ii) there is adequate evidence that the matching agreement will be costeffective; and

(iii) the matching program is in the public interest.?

(C) The decision of the Director to approve a matching agreement shall not

take effect until 30 days after it is reported to committees described in

subparagraph (A).

(D) If the Data Integrity Board and the Director of the' Office of Management

and Budget disapprove a matching program proposed by the inspector general of

an agency, the inspector general may report the disapproval to the head of the

agency and to the Congress.

(6) In the reports required by paragraphs (3)(D)4,agency matching activities that

are not matching programs may be reported on an aggregate basis, if and to the extent

necessary to protect ongoing law enforcement or counterintelligence investigations.

(7) Redesignated (6).

(v) OFFICE OF MANAGEMENT AND BUDGET RESPONSIBILITIES-The

Director of the Office of Management and Budget shall-

(1) develop and, after notice and opportunity for public comment,.prescribe

guidelines and regulations for the use of agencies in implementing the provisions of

this section; and

(2) provide continuing assistance to and oversight of the implementation of this

section by agencies.3 .

Sec. 552b. Open Meetings .(a) For purposes, of this section-' .

((I) -the term "agency" means any agency, as defined in section 552(e) of this title,

headed by a collegial body composed of two or more individual members, a majority

of whom are appointed to such position by the President with the advice and consent

of the Senate, and any subdivision thereof authorized to act on behalf of the agency;

(2) the term "meeting" means the deliberations of at least the number of individual

agency members required to take action on behalf of the agency where such

deliberations determine or result in the joint conduct or disposition of official agency

business, but does not include deliberation required or permitted by. subsection (d) or

(e); and

'Added Public Law 93-579, section 3. December 31, 1974,88 Stat. 1897, and amended Public Law

94-183, section 2(2y, December 31, 1975,89 Stat. 1057; Public Law 97,365, section 2, October 25, 1982,96

Stat. 1749; Public Law 97-375, title II, section 201 (a),-(b), December 21, 1982. 96 Stat. 1821; Public

Law 97-452, section 2(atX1), January 12. 1983, 96 Stat. 2478; Public Law 98-477, section 2(c), October 15,

1984, 98 Statr 2211; Public Law 98-497, title 1, section 107(g), October 19, 1984,98 Stat. 2292; Public

Law. 100-503 sees. 2 to 6(a), 7,8; October 18, 1988, 102 Stat. 2507 to 2514,, Public Law 101-508, title VII,

section 7201(bXl). November 5, 1990, 104 Stat. 1388-334; Public Law. 103-66,title XIII, section 13581(c),

August 10, 1993, 107 Stat. 611.2002 Pocket Part: As amended Public Law 104-193. title I, section 110(w),

August 22, 1996, 110 Stat. 2175; Public Law 104-226, section I (b)(3), October 2, 1996, 110 Stat. 3033;

Public Law 104-316, title 1, section 1 15(g)(2XB), October 19, 1996, 110 Stat. 3835; Public Law 105-34,

title X. section 1026(bX2), August 5, 1997, 111 Stat. 925; Public Law 105-362, title XIII, section 1301(d),

November 10, 1998, 112 Stat. 3293; Public Law 106-170, title IV, section 402(aX2). December 17, 1999, 113

Stat. 1908.. -

Volume 1, Page 8-25
(3),the term "members" means an individual who belongs to a collegial body

heading an agency.

(b) Members shall not jointly conduct or dispose of agency business other than in

accordance with this section. Except as provided in subsection (c), every portion of every

meeting of an agency shall be open to public observation.

(c) Except in a case where the agency finds that the public interest requires otherwise,

the second sentence of subsection (b) shall not apply any portion of any agency meeting,

and the requirements of subsections (d) and (e) shall not apply to any information

pertaining to such meeting otherwise required by this section to be disclosed to the public,

where the agency properly determines that such portion or portions of its meeting or the

disclosure of such information is likely to-.

(1) disclose matters that are (A) specifically. authorized under criteria established

by an Executive Order to be kept secret in the interest of national defense or foreign

policy and (B) in fact properly classified pursuant to such Executive Order;

(2) relate solely to the internal personnel rules an practices of an agency;

(3) disclose matters specifically exempted from disclosure bystatute (other than

section 552, of this title), provided that such statute (A) requires that the matters be

withheld from the public in such a manner as to leave no discretion on the issue, or

(B) establishes particular criteria for withholding or refers to particular types of

matters to be withheld;

(4) disclose trade secrets and commercial or financial information obtained from a

person and privileged or confidential;

(5) involve accusing any person of a crime,- or formally censuring any person;

(6) disclose information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

(7) disclose investigatory records compiled for law enforcement purposes, or

information which if written would be contained in such records, but only to the extent

that the production of such records or information would (A) interfere with.

enforcement proceedings, (B) deprive a person of a right to a fair trial or an impartial

adjudication, (C) constitute an unwarranted invasion of personal privacy, (D) disclose

the identity of a confidential source and, in the case of a record compiled by criminal

law enforcement authority in the course of a criminal investigation, or by an agency

conducting a lawful national security~intelligence investigation, confidential

information furnished only by the confidential source, (E) disclose investigative

techniques and procedures, or (F) endanger the life or physical safety of law

enforcement personnel;

(8) disclose information contained in or related to examination, operating, or

condition reports prepared by, on behalf of, or for the use of an agency responsible for

the regulation or supervision of financial institutions;

(9) disclose information the premature disclosure of which would-

(A) in the case of an agency which regulates currencies, securities,

commodities, or financial institutions, be likely to (i) lead to significant financial

speculation in currencies, securities, or commodities, or (ii) significantly endanger

the stability of any financial institution; or

(B) in the case of any agency, be likely to significantly frustrate

implementation of a proposed agency action,

except that subparagraph (B) shall not apply in any instance where the agency has

already disclosed to the public the content or nature of its proposed action, or where the

agency is required by law to make such disclosureon its own initiative prior to taking

final'agency action on such proposal; or

(10) specifically concern the agency's issuance of a subpoena, or the agency's

participation in a. civil action or proceeding, an action in a foreign court or internecine

tribunal, or an arbitration, or the initiation, conduct, or disposition by the agency of a

Volume 1, Page 8-26
particular case of formal agency adjudication pursuant to the procedures in

section 554 of this title or otherwise involving a determination on the record after

opportunity for a hearing. (d)(1) Action under subsection (c) shall-be taken only when a majority of the entire

membership of the agency (as defined in subsection (a)(1)) votes to take such action. A

separate vote of the agency members shall be taken with respect to each agency meeting a

portion or portions of which are proposed to be closed to the public pursuant to

subsection (c), or with respect to any information which is proposed to be withheld under

subsection (c). A single vote may be taken with respect to a series of meetings, a portion

or portions of which are proposed to be closed to the public, or with respect to any

information concerning such series of meetings, so long as each meeting in such series

involves the same particular matters and is scheduled to be held no more than thirty days

after the initial meeting in such series. The vote of each agency member participating in

such vote shall be recorded and no proxies shall be allowed.

(2) Whenever any person whose interests may be directly affected by a portion of

a meeting requests that the agency close such portion to the public for any of the

-reasons referred to in paragraph (5), (6), or (7) of subsection (c), the agency, upon

request of any one of its members, shall vote by recorded vote whether to close such

meeting.

(3) Within one day of any vote taken pursuant to paragraph (1) or (2), the agency

shall make publicly available a written copy of such vote reflecting the vote of each

member on the question. If a portion of a meeting is to be closed to the public, the

agency shallr, within one day of the vote taken pursuant to paragraph (1) or (2) of this

subsection, make publicly available a full written explanation of its action closing the

portion together with a list of all persons expected to attend the meeting and their

affiliation.

(4) Any agency, a majority of whose meetings may properly be closed to the

public pursuant to paragraph (4), (8), (9)(A), or (10) of subsection (c), or any

combination thereof, may provide by regulation for the closing of such meetings or

portions thereof in the event that a majority of the members of the agency votes by

recorded vote at the beginning of such meeting, or portion thereof, to close the exempt

portion or portions of the meeting, and a copy of such vote, reflecting the vote of each

member on the question, is made -available to the public. The provisions of

paragraphs (1), (2), and (3) of this subsection and subsections (e) shall not apply to

any portion of a meeting to which such regulations apply: Provided, That the agency

shall, except to the extent that such information is exempt from disclosure under the

provisions of subsection (c), provide the public with public announcement of the time,

place, and subject matter of the meeting and of each portion thereof at the earliest practicable time.

(e)(I) In the case of each meeting, the agency shall make public announcement, at

least one week before the meeting, of the time, place, and subject matter of the meeting,

whether-it is to be open or closed to the public, and the name and phone number of the

official designated by. the agency to respond to requests for information about the

meeting. Such announcement shall be made unless a majority of the members of the

agency determines by a recorded vote that agency business requires that such meeting be

called at an earlier date, in which case the agency shall make public announcement of the

time, place, and subject matter of such meeting, and whether open or closed to the public

at-the earliest practicable time. --

(2) The time or place of a meeting may be changed following the public

announcement required by paragraph (1) only if the agency publicly announces such

change at the earliest practicable time. The subject matter of a meeting, or the

determination of the agency to open or close a meeting, or portion of a meeting, to the

public, may be changed following the public announcement required by this

Volume 1, Page 8-27
subsection only if (A) a majority of the entire membership of the agency determines

by a recorded vote that agency business so requires and that no earlier announcement

of the chance was possible, and (B) the agency publicly announces such change and

the'vote of each member upon such change at the earliest practicable time.

* (3) Immediately following each public announcement required by this subsection,

notice of the time, place, and subject matter of a meeting, whether the meeting.is open

or closed, any change in one of the preceding, and the name and phone number of the

official designated by the agency to respond to requests for information about the

meeting, shall also be submitted for publication in the Federal Register. .

(f)(l)- For every meeting closed pursuant to paragraphs (1) through (10) of subsection

(c), the General Counsel or chief legal officer of the agency shall publicly certify that, in

his or her opinion, the meeting may be closed to the public and shall state each relevant

exemptive provision. A copy of such certification, together with a statement from the.

presiding officer of the meeting setting forth the time and place of the meeting, and the

persons present, shall be retained by the agency. The agency shall maintain a complete

transcript or electronic recording adequate to record fully the proceedings of each.

meeting, or portion of a meeting, closed to the public, except that in the case of a meeting,

or portion of a meeting, closed to the public pursuant to paragraph (8), (9)(A), or (10) of

subsection (c), the agency shall maintain either such a transcript or recording, ora set of

minutes. Such minutes shall fully and clearly describe all matters discussed and shall

provide a full and accurate summary of any actions taken, and the reasons therefor,

including a description of each of the views expressed on any item and the record of any

roll-call vote (reflecting the vote of each member on the question).: All documents

considered in connection with any action shall be identified in such minutes.

(2) The agency shall make promptly available to the public, in a place easily

accessible to the public, the transcript, electronic recording, or minutes (as required by

paragraph (1)) of the discussion of any item on the agenda, or of any item of the

testimony of any witness received at the meeting, except for such item or items of such

discussion or testimony as the agency determines to contain information which may be

withheld under subsection (c). Copies of such transcript, or minutes, or a transcription

of such recording disclosing the identity of each speaker, shall be furnished to any

person at the actual cost of duplication or transcription. The agency shall maintain a

complete verbatim copy of the transcript, a complete copy of the minutes. or a

complete electronic recording of each meeting, or portion of a meeting, closed to the

public, for a period of at least two years after such meeting, or until one year after the

conclusion of any agency proceeding with respect to which the meeting or portion was

held, whichever occurs later.

(g) Each agency subject to the requirements of this section shall, within 180 days after

the date of enactment of this section, following consultation With the Office of the

Chairman of the Administrative Conference of the United States and published notice in

the Federal Register. of at least thirty days and an opportunity for written comments by

any person, promulgate regulations to implement the requirements of subsections (b)

through (f) of this section. Any person may bring a proceeding in the United States

District Court for the District of Columbia to require an agency to promulgate such

regulations if such agency has not promulgated such regulations within the time period

specified herein. Subject to any limitations of time provided by law, any person may bring

a proceeding in the United States Court of Appeals for the District of Columbia to set

aside agency regulations issued pursuant to this subsection that are not in accord with the

requirements of subsections (b) through (f) of this section and to require the promulgation

of regulations that are in accord with such subsections.-,

(h)(1), The district courts-of the United States shall have jurisdiction to enforce the

requirementsof subsections (b) through (f) of this section by declaratory judgment,

injunctive relief, or other relief as may be appropriate. Such actions may be brought by

Volume '1, Page 8-28
any person against anagency prior to, or within sixty days after, the meeting out of which

the violation of this section arises, except that if public announcement of such meeting is

not initially provided by the agency in accordance with the requirements of this section,

such action may be instituted pursuant to this 'section at any time prior to sixty days after

any public announcement of such meeting. Such actions may be brought in the district

court of the United States for the district in which the agency meeting is held or in which

the agency in question has its headquarters, or in the District Court for the District of

Columbia. In such actions a defendant shall serve his answer within thirty days after the

service of the complaint.7he burden is on the defendant to sustain his action. In deciding

such cases the court may examine in camera any portion of the transcript, electronic

recording, or minutes of a meeting closed to the public, and may take such-additional

evidence as it deems necessary. The court, having due regard for orderly administration

and the public interest, as well as the interests of the parties, may grant such equitable

relief as it deems appropriate, including granting an injunction against future violations of

this section or ordering the agency to make available to the public such portion of the

transcript; recording, or minutes of a meeting as is not authorized to be withheld under

subsection (c) of this section.

(2) Any Federal court otherwise authorized by law to review agency action may,

at the application of any person properly participating in the proceeding pursuant to

other applicable law, inquire into violations by the agency of the requirements of this

section and afford such relief as itdeems appropriate. Nothing in this section

authorizes any Federal court having jurisdiction solely on the basis of paragraph (1) to

set aside, enjoin, or invalidate any agency action (other thanan action to close a

meeting or to withhold information under this section) taken or discussed at any

agency meeting out of which the violation of this section arose...

(i) The court may assess against any party reasonable attorney fees and .-;other litigation costs reasonably incurred by any other party who substantially

prevails in any action brought in accordance with the provisions of subsections

(g) or (h) of this section, except that costs may be assessed against the plaintiff only where the court finds that the suit was initiated by the plaintiff primarily for frivolous or dilatory purposes. In the case of assessment of costs against an .. agency, the costs may be assessed by the court against the United :States.

(j) Each agency subject to the requirements of this section shall annually report to the

Congress regarding the following:,

(1) The changes in the policies and procedures of the agency under this section

that have occurred during the preceding 1-year period. , -

ý (2) A tabulation of the number of meetings held, the exemptions applied to close

meetings, and the days of public notice provided to close meetings.

(3) A brief description of litigation or formal complaints concerning the

implementation of this section by the agency.

(4) A brief explanation of an' changes in law that have affected the responsibilities of the agency under this section. . (k) Nothing herein expands or limits the present rights of any person under -

section 552 of this title, except that the exemptions set forth in subsection (c) of this,

section shall govern in the case of any request-made pursuant to section 552 to copy or

inspect the transcripts, recordings, or minutes described in subsection (f) of this section.

The requirements of chapter 33 of title 44,-United States Code, shall not apply to the

transcripts, recordings, and minutes described in subsection (f) of this section. (1) -This section does not constitute authority tomwithhold any information from

Congress, and does not authorize the closing of any agency meeting or portion thereof

required by any other provision of law to be open.

'As amended, Public Law 104-66, title IlH, section 3002 (109 Stat. 734); Dec. 21,1995.

Volume 1, Page 8-29
(in) Nothing in this section authorizes any agency to withhold from any individual

any record, including transcripts, recordings, or minutes required by this section, which is

otherwise accessible to such individual under section 552a of this title. (Pub. L. 94-409,

section 3(a), Sept. 13, 1976, 90 Stat. 1241.)

Sec. 553. Rulemaking

(a) This section applies, according to the provisions thereof, except to the extent that

there is involved-

(1) a military or foreign affairs function of the United States; or . (2) a matter relating to agency management or personnel or to public property,

loans,ý grants, benefits, or contracts.

(b) General notice of proposed rule making shall be published in the Federal Register,

unless persons subject thereto are named and either personally served or otherwise have

actual notice thereof in accordance with law. The notice shall include-

(1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; and

(3) either the terms or substance of the proposed rule or a description of the

subjects and issues involved.

Except when notice or hearing is required by statute, this subsection does not apply-

(A) to interpretative rules, general statements of policy, or rules of agency

organization, procedure, or practice; or

(B) when the agency for good cause finds (and incorporates the finding and a

brief statement of reasons therefor in the rules issued) that notice and public

procedure thereon are impracticable, unnecessary, or contrary to the public

interest.

(c) After notice required by this section, the agency shall give interested persons an

opportunity to participate in the rule. making through submission of written data, views, or

arguments with or without opportunity for oral presentation. After consideration of the

relevant matter presented, the agency shall incorporate in the rules adopted a concise

general statement of their basis and purpose. When rules are required by statute to be

made on the record after opportunity for an agency hearing, sections 556 and 557 of this

title apply instead of this subsection.

(d) The required publication or service of a substantive rule shall be made not less

than 30 days before its effective date, except-

(1) a substantive rule which grants or recognizes an exemption or relieves a

restriction;

(2) interpretative rules and statements of policy;.or .. (3) as otherwise provided by the agency for good cause found and published with

the rule.

(e) Each agency shall give an interested person the right to petition for the issuance,

amendment, or repeal of a rule. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 383.)

Sec. 554. Adjudications . (a) This section applies, according to the provisions thereof, in every case of

adjudication required by statute to be determined on the record after opportunity for an

agency hearing, except to the extent that there is involved-

(1) a matter subject to a subsequent trial of the law and the facts de novo in a

court;

(2) the selection or tenure of an employee, except an administrative law judge

appointed under section 3105 of this title;

(3) proceedings in which decisions rest solely on inspections, tests, or elections;

(4) the conduct of military or foreign affairs functions;

(5) cases in which an agency is acting as an agent for a court; or

(6) the certification of worker representatives.

(b) Persons entitled to notice of an agency hearing shall be timely informed ofVolume 1, Page 8-30
(1) the time,,place, and nature of the hearing;

(2) the legal authority and jurisdiction under which the hearing is to be held; and

(3) the matters of fact and law asserted.

When private persons are the moving parties, other parties to the proceeding shall give

prompt notice of issues controverted in fact or law; and in other instances agencies may

by rule require responsive pleading. In fixing the time and place for hearings, due regard

shall be had for the convenience and necessity of the parties or their representatives.

(c) The agency shall give all interested parties opportunity for- +

(1) the submission and consideration of facts, arguments, offers of settlement, or

proposals of adjustment when time, the nature of the proceeding, and the public

interest permit; and

(2) to the extent that the parties are unable so to determine a controversy by

consent, hearing and decision on notice and in accordance with sections 556 and 557

of this title.

(d) The employee who presides at the reception of evidence pursuant to section 556

of this title shall make the recommended decision or initial decision required by section 557 of this title, unless he becomes unavailable to the agency. Except to the extent

required for the disposition of ex parte matters as authorized by law, such an employee

may not-

(1) consult a person or party on a fact in issue, unless on notice and opportunity

for all parties to participate; or .. I 1 1. -

(2) be responsible to or subject to the supervision or direction of an employee or

agent engaged in the performance of investigative or prosecuting functions for an

agency.

An employee or agent engaged in the performance of investigative or prosecuting

functions for an agency in a case may not, in that or a factually related case, participate or

advise in the decision, recommended decision, or agency review pursuant to section 557

of this title, except as witness or counsel in public proceedings. This subsection does not

apply-

(A) in determining applications for initial licenses;'

(B) to proceedings involving the validity or application of rates, facilities, or

practices of public utilities or carriers; or - (C) to the agency or a member or members of the body comprising the agency.

(e) The agency, with like effect as in the case of other orders, and in its sound.

discretion, may issue a declaratory order to terminate a controversy or remove

uncertainty. (Public Law 89-554, Sept. 6, 1966, 80 Stat. 384; amended Public

Law 95-251, Mar. 27, 1978, 92 Stat. 183.)

Sec. 555. Ancillary Matters

(a) This section applies, according to the provisions thereof, except as otherwise

provided by this Subchapter.

(b) A person compelled to appear in person before an agency or representative thereof is entitled to be accompanied, represented, and advised by counsel or, if permitted

by the agency, by other qualified representative. A party is entitled to appear in person or

i~by or with counsel or other duly qualified representative in an agency proceeding. So far

as the orderly conduct of public business permits, an interested person may appear before

an agency or its responsible employees for the presentation, adjustment, or determination

of an issue, request, or controversy in a proceeding, whether interlocutory, summary, or

otherwise, or in connection with an agency function. With due regard for the convenience

and necessity of the parties or their representatives and within a reasonable time, each

agency shall proceed to conclude a matter presented to it. This subsection does not grant

or deny a person who is not a lawyer the right to appear for or represent others before an

agency or in an agency proceeding.

Volume 1, Page 8-31
(c) Process, requirement of a report, inspection, or other investigative act or demand

may not be issued, made, or enforced except as authorized by law. A person compelled to

submit data or evidence is entitled to retain or, on payment of lawfully prescribed costs,

procure a copy or transcript thereof, except that in a nonpublic investigatory proceeding

the witness may for good cause be limited to inspection of the official transcript of his

testimony..

-(d) Agency subpoenas authorized by law shall be issued to a party on request and,

when required by rules of procedure on a statement or showing of general relevance and

reasonable scope of the evidence sought. On contest, the court shall sustain the subpoena

or similar process or demand to the extent that it is found to be in accordance with law.

In a proceeding for enforcement, the court shall issue an order requiring the appearance of

the witness or the production of the evidence or data within a reasonable time under

penalty of punishment for contempt in case of contumacious failure to comply. - (e) Prompt notice shall be given of the denial in whole or in part of a written'

application,petition, or other request of an interested person made in connection with any

agency proceedings. Except in affirming a prior denial or when the denial is 1,

self-explanatory, the notice shall be accompanied by a brief statement of the grounds for

denial. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 385.)

Sec. 556. Hearings; Presiding Employees; Powers and Duties; Burden of Proof;

Evidence; Record as Basis of Decision

(a) This section applies, according to the provisions thereof, to hearings required by

section 553 or'554 of this title to be conducted in accordance with this section.

(b) There shall preside at the taking of evidence-

(1) the agency;

(2) one or more members of the body which comprises the agency; or

(3) one or more administrative law judges appointed under section 3105 of this

title.

This Subchapter does not supersede the conduct of specified classes of proceedings, in

whole or in part, by or before boards or other employees specially provided for by or

designated under statute. The functions of presiding employees and of employees

participating in decisions in accordance with section 557 of this title shall be conducted in

an impartial manner. A presiding or participating employee may at any time disqualify

himself. On the filing in good faith of a timely and sufficient affidavit of personal bias or

other disqualification of a presiding or participating employee, the agency shall determine

the matter as a part of the record and decision in the case.

(c) Subject to published rules of the agency and within its powers, employees

presiding at hearings may-

(1) administer oaths and affirmations;

(2) issue subpoenas authorized by law;

(3) rule on offers of proof and receive relevant evidence;

(4) take depositions or have depositions taken when the ends of justice would be

served;

(5) regulate the course of the hearing-,

(6) hold conferences for the settlement of simplification of the issues by consent of

the parties; or by the use of alternative means of dispute resolution as provided in

Subchapter IV of this chapter;

(7) inform the parties as to the availability of one or more alternative means of

dispute resolution, and encourage use of such methods;

Volume 1, Page 8-32
(8) require the attendance at any conference held pursuant to paragraph (6) of at

least one representative of each party who has authority to negotiate concerning

resolution of issues in controversy.5

(9) dispose of procedural requests or similar matters;

(10) make or recommend decisions in accordance with section 557 of this title;

and - (11) take other action authorized by agency rule consistent with this Subchapter.

(d) Except as otherwise provided by statute, the proponents of a rule or order has the

burden of proof. Any oral or documentary evidence may be received, but the agency as a

matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly

repetitious evidence. A sanction may not be imposed or rule or order issued except on

consideration of the whole record or those parts thereof cited by a party and supported by

and in accordance with the reliable, probative, and substantial evidence. The agency may,

to the extent consistent with the interests of justice and the policy of the underlying

statutes administered by the agency, consider a violation of section 557(d) of this title

sufficient grounds for a decision adverse to a party who has knowingly committed such

violation or knowingly caused such violation to occur. A party is entitled to present his

case or defense by oral or documentary evidence, to submit rebuttal evidence, and to

conduct such cross-examination as may be required for a full and true disclosure of the

facts. In rule making or determining claims for money or benefits or applications for

initial licenses an agency may, when a party will not be prejudiced thereby, adopt

procedures for the submission of all or part of the evidence in written form.

(e) The transcript of testimony and exhibits, together with all papers and requests filed

in the proceedings, constitutes the exclusive record for decision in accordance with

section 557 of this title and, on payment of lawfully prescribed costs, shall be made

available to the parties. When an agency decision rests on official notice of a material

fact not appearing in the evidence in the record, a party is entitled, on timely request, to

an opportunity to show the contrary. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 386;

amended Pub. L. 94-409, Sept. 13, 1976, 90 Stat. 1247; Pub. L. 95-251, Mar. 27, 1978,

92 Stat. 183.)

Sec. 557. Initial Decisions;, Conclusiveness; Review by Agency; Submissions by

• Parties; Contents of Decisions; Record, (a) This section applies, according to the provisions thereof, when a hearing is

required to be conducted in accordance with section 556 of this title.

(b) When the agency did not preside at the reception of the evidence, the presiding

employee or, in cases not subject to section 554(d) of this title, an employee qualified to

preside at hearings pursuant to section 556 of this title, shall initially decide the case

unless the agency requires, either in specific cases or by general rule, the entire record to

be certified to it for decision. When the presiding employee makes an initial decision, that

decision then becomes the decision of the agency without further proceedings unless there

is an appeal to, or review on motion of, the agency within time provided by rule. On

appeal from or review of the initial decision, the agency has all the powers which it would

have in making the initial decision except as it may limit the issues on notice or by rule.

When the agency ,makes the decision without having presided at the reception of the

evidence, the presiding employee or an employee qualified to preside at hearings pursuant

to section 556 of this title shall first recommend a decision, except that in rule making or

determining applications for initial licenses-

(1) instead thereof the agency may issue a tentative decision or one of its

responsible employees may recommend a decision; or

sPublic Law 101-552 (104 Stat. 2736), November 15, 1990 changed (c)(6) and added new (7) and (8).

Volume 1, Page 8-33
(2) this procedure may be omitted in a case in which the agency finds on the

record that due and timely execution of its functions imperatively and unavoidably so

requires. .I

(c) Before a recommended, initial, or tentative decision, or a decision on agency

review of the decision of subordinate employees, the parties are entitled to a reasonable

opportunity to submit for the consideration of the employees participating in the

decisions-

(1) proposed findings and conclusions; or

(2) exceptions to the decisions or recommended decisions of subordinate

employees or to tentative agency decisions; and

(3) supporting reasons for the exception of proposed findings or conclusions.

The record shall show the ruling on each finding, conclusion, or exception presented.

All decisions, including initial, recommended, and tentative decisions, are a part of the

record and shall include a statement of-

(A) findings and conclusions and the reasons or basis therefor, on all the

-material issues of fact, law, or discretion presented on the record; and

(B) the appropriate'rule, order, sanction, relief, or denial thereof.

(d)(1) In an agency proceeding which is subject to subsection (a) of this section,

except to the extent required for the disposition of ex parte matters as authorized by law-

(A) no interested person outside the agency shall make or knowingly cause to

be made to any member of the body comprising the agency, administrative law

judge, or other employee who is or may reasonably be expected to-be involved in

the decisional process of the proceeding, an ex parte communication relevant to

the merits of the proceeding;

(B) no member of the body comprising the agency, administrative law judge,

or other employee who is or may reasonably be expected to be involved in the

decisional process of the proceeding, shall make or knowingly cause to be made to

any interested person outside the agency an ex parte communication relevant to the

merits of the proceeding;

(C) a member of the body comprising the agency, administrative law judge, or

other employee who is or may reasonably be expected to be involved in the

decisional process of such proceeding who receives, or who makes or knowingly

.causes to be made, a communication prohibited by this subsection shall place on

the public record of the proceeding:

(i) all such written communications;

(ii) memoranda stating the substance of all such oral communications; and

(iii) all written responses, and memoranda stating the substance of all oral

responses, to the materials described in clauses (i) and (ii) of this

subparagraph;

(D) upon receipt of a communication knowingly made or knowingly caused to

be made by a party in violation of this subsection, the agency, administrative law

judge, or other employee presiding at the hearing may, to the extent consistent,

with the interests ofjustice and the policy of the underlying statutes, require the

party to show cause why his claim or interest in the proceedings should not be

dismissed, denied, disregarded, or otherwise adversely affected on account of such

violation; and.

(E) the prohibitions of this subsection shall apply beginning at such time as the

agency may designate, but in no case shall they begin to apply later than the time

at which a proceeding is noticed for hearing unless the person responsible for the

communication has knowledge that is will be noticed, in which case the

prohibitions shall apply beginning at the time of his acquisition of such

knowledge.

Volume 1, Page 8-34
(2) This subsection does not constitute authority to withhold information from

Congress. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 837; amended Pub. L. 94-409,

Sept. 13, 1976, 90 Stat. 1246.)

Sec. 558. Imposition of Sanctions; Determination of Applications For Licenses;

Suspension, Revocation, and Expiration of Licenses

(a) This section applies, according to the provisions thereof, to the exercise of a power

or authority.

(b) A sanction may not be imposed or a substantive rule or order issued except within

jurisdiction delegated to the agency and as authorized by law.

(c) When application is made for a license required by law, the agency, with due

regard for the rights and privileges of all the interested parties or adversely affected

persons and within a reasonable time, shall set and complete proceedings required to be

conducted in accordance with sections 556 and 557 of this title or other proceedings

required by law and shall make its decision. Except in cases of willfulness or those in

which public health, interest, or safety requires otherwise, the withdrawal, suspension,

revocation, or annulment of a license is lawful only if, before the institution of agency

proceedings therefor, the licensee has been given-

(1) notice by the agency in writing of the facts or conduct which may warrant the

action; and

(2) opportunity to demonstrate or achieve compliance with all lawful requirements.

When the licensee has made timely and sufficient application for a renewal or a new

license in accordance with agency rules, a license with reference to an activity of a

continuing nature does not expire until the application has been finally determined by the

agency. (Pub. L..89-554, Sept. 6, 1966, 80 Stat. 388.)

Sec. 559. Effect on Other Laws; Effect of Subsequent Statute

This Subchapter, chapter 7, and sections 1305, 3105, 3344, 4301(2)(E), 5372, and

7521 of this title, and the provisions of section 5335(a)(B) of this title that relate to

administrative law judges, do not limit or repeal additional requirements imposed by

statute or otherwise recognized by law. Except as otherwise required by law, requirements

or privileges relating to evidence or procedure apply equally to agencies and persons.

Each agency is granted the authority necessary to comply with the requirements of this

Subchapter through the issuance of rules or otherwise. Subsequent statute may not be held

to supersede or modify this Subchapter, chapter 7, sections 1305, 3105, 3344,

4301(2)(E), 5372, or 7521 of this title, or the provisions of section 5335(a)(B) of this title

that relate to administrative law judges, except to the extent that it does so expressly.

(Public Law 89-554, Sept. 6, 1966, 80 Stat. 388; amended Public Law 90-623,

section 1(1), Oct 22, 1968, 82 Stat. 1312; Public Law 95-25 1, Mar. 27, 1978, 92 Stat.

183; Public Law 95-454, Oct. 13, 1978, 92 Stat. 1221.)

Volume 1, Page 8-35
NEGOTIATED RULEMAKING ACT OF 1990

TABLE OF CONTENTS

PAGE 5 USC

Sec.

Sec. 1. Short Title ................. .............. ,. 8-37 561

Sec. 2. Findings ............ ................................. 8-37 561

Sec. 3. Negotiated Rulemaking Procedure................ 8-37 561

Sec. 561. Purpose....................... .......... 8-37 561

Sec. 562. Definitions ....... ........................... 8-38 562

Sec. 563. Determination of Need for Negotiated Rulemaking

Committee ................................. 8-38 563

See. 564. Publication of Notice; Applications for Membership

on Committees ................................. 8-39 564

Sec. 565. Establishment of Committee ......................... 8-40 565

Sec. 566. Conduct of Committee Activity ..................... 8-41 566

Sec. 567. Termination of Committee .......................... 8-42 567

Sec. 568. Services, Facilities, and Payment of Committee ....

Member Expenses ............................ 8-42 568

Sec. 569. Encouraging Negotiated Rulemaking ................. 8-42 569

Sec. 570. Judicial Review ....... .............. 8-43 570

Sec. 570a. Authorization of Appropriations ............ 8-43 570a

Sec. 4. Authorization of Appropriations .................... 8-43 561 note

Sec. 5. Sunset And Savings Provisions ...................... 8-43 561 note

Volume 1, Page 8-36
NEGOTIATED RULEMAKING ACT OF 1990

Public Law 101-648 . 104 Stat. 4976

November 29, 1990

An Act

To establish a framework for the conduct of negotiated rulemaking by Federal agencies.

Negotiated Be it enacted-by the Senate and House of Representatives of the

Rulemaking United States of America in Congress assembled,

Act of 1990.

Sec. 1. Short Title

5 USC 561. This Act may be cited as the "Negotiated Rulemaking Act of 1990."

Sec.m2. Findings. 5 USC 561. The Congress makes the following findings:

(1) Government regulation has increased substantially since the

enactment of the Administrative Procedure Act.

(2) Agencies currently use rulemaking procedures that may discourage the affected parties from meeting -and communicating with

each other, and may cause parties with different interests to assume

conflicting and antagonistic positions and to engage in expensive and

time-consuming litigation over agency rules.

(3) Adversarial rulemaking deprives the affected parties and the

public of the benefits of face-to-face negotiations and co-operation in

developing and reaching agreement on a rule. It also deprives them of

the benefits of shared information, knowledge, expertise, and technical

abilities possessed by the affected parties. (4) Negotiated rulemaking, in which the parties who will be

significantly affected by a rule participate in the development of the

rule, can provide significant advantages over adversarial rulemaking. (5) Negotiated rulemaking can increase the acceptability and ... improve the substance of rules, making itcless likely that the affected

parties will resist enforcement or challenge such rules in court. It may also shorten the amount of time needed to issue final rules.

(6) Agencies have the authority to establish negotiated rule making committees under the laws establishing such agencies and their

activities and under the Federal Advisory Committee Act (5 USC

App.).,Several agencies -have successfully used negotiated rulemaking. The process has not been widely used by other agencies, however, in . part because such agencies are unfamiliar with the process or uncertain

as to the authority for such rulemaking..-'I_

Sec. 3., Negotiated Rulemaking.Procedure. , (a) IN GENERAL.-Chapter 5 of title 5, United States Code, is

amended by adding at the end.the following new Subchapter: Sec. 561. Purpose.

5 USC 561. The purpose of this Subchapter is to establish a framework for the

conduct of negotiated rulemaking, consistent with section 553 of this title,

to encourage agencies to use the process when it enhances the informal

rulemaking process. Nothing in this 'Subchapter should be construed as an

attempt to limit innovation and experimentation with the negotiated

Volume 1, Page 8-37
rulemaking process or with other innovative rulemaking procedures

otherwise authorized by law.

Sec. 562. Defimitions.

5 USC 562. For the purposes of this Subchapter, the term-

(1) "agency" has the same meaning as in section 55 1(1) of this title;

(2) "consensus" means unanimous concurrence among the interests

represented on a negotiated rulemaking committee established under

this Subchapter, unless such committee-

(A) agrees to define such term to mean a general but not

unanimous concurrence; or

(B) agrees upon another specified definition;

(3) "convener" means a person who impartially assists an agency in

determining whether establishment of a negotiated rulemaking

committee is feasible and appropriate in a particular rulemaking;

(4) "facilitator" means a person who impartially aids in the

discussions and negotiations among the members of a negotiated

rulemaking committee to develop a proposed rule;

(5) "interest" means, with respect to an issue or matter, multiple

parties which have a similar point of view or which are likely to be

affected in a similar manner;

(6) "negotiated rulemaking" means rulemaking through the use of a

negotiated rulemaking committee;

(7) "negotiated rulemaking committee" or "committee" means an

advisory committee established by an agency in accordance with this

Subchapter and the Federal Advisory Committee Act to consider and

discuss issues for the purpose of reaching a consensus in the

development of a proposed rule;

(8) "party" has the same meaning as in section 551(3) of this title;

(9) "person" has the same meaning as in section 551(2) of this title;

(10) "rule" has the same meaning as in section 551(4) of this title;

and

(11) "rulemaking" means "rulemaking" as that term is defined in

section 551(5) of this title.

Sec. 563. Determination of Need for Negotiated Rulemaking

Conmmittee.

5 USC 563. (a) DETERMINATION OF NEED BY THE AGENCY.-An agency

may establish a negotiated rulemaking committee to negotiate and develop

a proposed rule, if the head of the agency determines that the use of the

negotiated rulemaking procedure is in the public interest. In making such a

determination, the head of the agency shall consider whether-

-(I) there is a need for a rule;

(2) there are a limited number of identifiable interests that will be

significantly affected by the rule;

(3) there is a reasonable likelihood that a committee can be

convened with a balanced representation of persons who-

(A) can adequately represent the interests identified under

paragraph (2); and

(B) are willing to negotiate in good faith to reach a consensus

on the proposed rule;

(4) there is a reasonable likelihood that a committee will reach a

consensus on the proposed rule within a fixed period of time;

Volume 1, Page 8-38
(5) the negotiated rulemaking procedure will not unreasonably

delay the notice of proposed rulemaking and the issuance of the final

rule;

(6) the agency has adequate resources and is willing to commit

such resources, including technical assistance, to the committee; and

(7) the agency, to the maximum extent possible consistent with the

legal obligations of the agency, will use the consensus of the

committee with respect to the proposed rule as the basis for the rule

proposed by the agency for notice and comment.

(b) USE OF CONVENERS.-

(1) PURPOSES OF CONVENERS.-An agency may use the

services of a convener to assist the agency inI (A) identifying person who will be significantly affected by a

proposed rule, including residents of rural areas; and

(B) conducting discussions with such persons to identify the

issues of concern to such persons, and toascertain whether the

establishment of a negotiated rulemaking committee is feasible and

appropriate in the particular rulemaking.

Reports. (2) DUTIES OF CONVENERS.-The convener shall report

findings and may make recommendations to the agency. Upon request

of the agency, the convener shall ascertain the names of persons who

are willing and qualified to represent interests that will be significantly

affected by the proposed rule, including residents of rural areas. The

report and any recommendations of the convener shall be made

available to the public upon request. ý %

Sec. 564. Publication of Notice; Applications for Membership on

Committees.

5 USC 564. (a) PUBLICATION OF NOTICE.-If, after considering the report of a

convener or conducting its own assessment, an agency decides to establish

a negotiated rulemaking committee, the agency shall publish in the Federal

Register and, as appropriate, in trade or other specialized publications, a

notice which shall include- -

(I) an announcement that the agency intends to establish a

negotiated rulemaking committee to negotiate and develop a proposed

rule;

(2) a description of the subject and scope of the rule to be

developed, and the issues to be considered;

(3) a list of the interests which are likely to be significantly affected

by the rule;

(4) a list of the persons proposed to represent such interests and the

person or persons proposed to represent the agency;

(5) a proposed agenda and schedule for completing the work of the

committee, including a target date for publication by the agency of a

proposed rule for notice and comment;

(6) a description of administrative support for the committee to be

provided by the agency, including technical assistance;

(7) a solicitation for comments on the proposal to establish the

committee, and the proposed membership of the negotiated rulemaking

committee; and

(8) an explanation of how a person may apply or nominate another

person for membership on the committee, as provided under

subsection (b).

Volume 1, Page 8-39
(b) APPLICATIONS FOR MEMBERSHIP OR COMMITTEE.-

Persons who will be significantly affected by a proposed rule and who

believe that their interests will not be adequately represented by any

person specified in a notice under subsection (a)(4) may apply for, or . nominate another person for, membership on the negotiated rulemaking

committee to represent such interests with respect to the proposed rule.

Each application or nomination shall include-

(1) the name of the applicant or nominee and a description of the

interests such person shall represent;

(2) evidence that the applicant or nominee is authorized to

represent parties related to the interests the person proposes to

represent; - (3) a written commitment that the applicant or nominee shall

actively participate in good faith in the development of the rule under

consideration; and

(4) the reasons that the persons specified in the notice under

subsection (a)(4) do not adequately represent the interests of the

person submitting the application or nomination.

(c) PERIOD FOR SUBMISSION OF COMMENTS AND

APPLICATIONS.-The agency shall provide for a period of at least

30 calendar days for the submission of comments and applications under

this section.

Sec. 565. Establishment of Committee.

5 USC 565. (a) ESTABLISHMENT.-

(1) DETERMINATION TO ESTABLISH COMMITTEE.-If after

considering comments and applications submitted under section 564,

the agency determines that a negotiated rulemaking committee can

adequately represent the interests that will be significantly affected by

a proposed rule and that it is feasible and appropriate in the particular

rulemaking, the agency may establish a negotiated rulemaking

committee. In establishing and administering such a committee, the

agency shall comply with the Federal Advisory Committee Act with

respect to such committee, except as otherwise provided in this

Subchapter. (2) DETERMINATION NOT TO ESTABLISH COMMITTEE.-If

after considering such comments and applications, the agency decides

not to 6stablish a negotiated rulemaking committee, the agency shall

promptly publish notice of suchdecision and the reasons therefor in

the Federal Register and, as appropriate, in trade or other specialized

publications, a copy of which shall be sent to any person who applied

for, or nominated another person for membership on the negotiating

rulemaking committee to represent such interests with respect to the

proposed rule.

(b) MEMBERSHIP.-The agency shall limit membership on a

negotiated rulemaking committee to 25 members, unless the agency head

determines that a greater numberof members is necessary for the

functioning of the committee or to achieve balanced membership. Each

committee shall include at least one person representing the agency.

(c) ADMINISTRATIVE SUPPORT.-The agency shall provide

appropriate administrative support to the negotiated rulemaking

committee, including technical assistance.

Volume 1, Page 8-40
Sec. 566. Conduct of Committee Activity.

5 USC 566. (a) DUTIES OF COMMITTEE.-Each negotiated rulemaking

committee established under this Subchapter shall consider the matter

proposed by the agency for consideration and shall attempt to reach a

consensus concerning a proposed rule with respect to such matter and any

other matter the committee determines is relevant to the proposed rule.

(b) REPRESENTATIVES OF AGENCY ON COMMITTEE.-The

person or persons representing the agency on a negotiated rulemaking

committee shall participate in the deliberations and activities of the

committee with the same rights and responsibilities as other members of

the committee,and shall be authorized to fully represent the agency in the

discussions and negotiations of the committee. -

, (c) SELECTING FACILITATOR.-Notwithstanding section 10(e) of

the Federal Advisory Committee Act, an agency may nominate either a

person from the Federal Government or a person from outside the Federal

Government to serve as a facilitator for the negotiations of the committee,

subject to the approval of the committee by consensus. If the committee

does not approve the nominee of the agency for facilitator, the agency

shall submit a substitute nomination. If a committee does not approve any

nominee of the agency for facilitator, the committee shall select by

consensus a person to serve as facilitator. A person designated to represent

the agency in substantive issues may not serve as facilitator or otherwise

chair the committee.

(d) DUTIES OF FACILITATOR.-A facilitator approved or selected

by a negotiated rulemaking committee shall-

(1) chair the meetings of the committee in an impartial manner;

(2) impartially assist the members of the committee in conducting

discussions and negotiations; and ,

(3) manage the keeping of minutes and records as required under

section 10 (b) and (c) of the Federal Advisory Committee Act, except

that any personal notes and materials of the facilitator or of the

members of a committee shall not be subject to section 552 of this title.

(e) COMMITTEE PROCEDURES.-A negotiated rulemaking

committee established under this Subchapter may adopt procedures for the

operation of the committee. No provision of section 553 of this title shall

apply to the procedures of a negotiated rulemaking committee.

on (f) REPORT OF COMMITTEE.-If a committee reaches a consensus

-. on a proposed rule, at the conclusion of negotiations the committee shall

transmit to the agency that established the committee a report containing the proposed rule. If the committee does not reach a consensus on a

proposed rule, the committee may transmit to the agency a report

specifying any areas in which the committee reached a consensus. The

committee may include in a report any other information,

recommendations, or materials that the committee considers appropriate.

Any committee member may include as an addendum to the report

additional information, recommendations, or materials.

(g) RECORDS OF COMMITTEE.-In addition to the report required

by subsection (f), a committee shall submit to the agency the records

required under section 10 (b) and (c) of the Federal Advisory Committee

Act.

Volume 1, Page 8-41
Sec. 567. Termination of Committee. -

5 USC 567. :A negotiated rulemaking committee shall terminate upon promulgation

of the final rule under consideration, unless the committee's charter

contains an earlier termination date or the agency, after consulting the

committee, or the committee itself specifies an earlier termination date.

Sec. 568. Services, Facilities, and Payment of Committee Member

Expenses.

5 USC 568. (a) SERVICES OF CONVENERS AND FACILITATORS.-

(1) IN GENERAL.-An agency may employ or enter into contracts

* for the services of an individual or organization to serve as a convener

or facilitator, for a negotiated rulemaking committee under this

Subchapter, or may use the services of a Government employee to act

as a convener or a facilitator for such a committee.

(2) DETERMINATION OF CONFLICTING INTERESTS.- An

agency shall determine whether a person under consideration to serve

as a convener or facilitator of a committee under paragraph (1) has any

financial or other interest that would preclude such person from

serving in an impartial and independent manner.

(b) SERVICES AND FACILITIES OF OTHER ENTITIES.- For

purposes of this Subchapter, an agency may use the services and facilities

of other Federal agencies and public and private agencies and

instrumentalities with the consent of such agencies and instrumentalities,

and with or without reimbursement to such agencies and instrumentalities,

and may accept voluntary and uncompensated services without regard to

the pro visions of section 1342 of title 31. The Federal Mediation and

Conciliation Service may provide services and facilities, with or without

reimbursement, to assist agencies under this Subchapter, including

furnishing conveners, facilitators, and training in negotiated rulemaking.

(c) EXPENSES OF COMMITTEE MEMBERS.-Members of a

negotiated rulemaking committee shall be responsible for their own

expenses of participation in such committee, except that an agency may, in

accordance with section 7(d) of the Federal Advisory Committee Act, pay

for a member's reasonable travel and per diem expenses, expenses to

obtain technical assistance, and a reasonable rate of compensation, if-

(1) such member certifies a lack of adequate financial resources to

participate in the committee; and

(2) the agency determines that such member's participation in the

committee is necessary to assure an adequate representation of the

member's interest.

(d) STATUS OF MEMBER AS FEDERAL EMPLOYEE.-A

member's receipt of funds under this section or section 569 shall not

conclusively deter mine for purposes of sections 202 through 209 of title

18 whether that member is an, employee of the United States Government.

Sec. 569. Encouraging Negotiated Rulemaking.

5 USC 569. (a) The President shall designate an agency or designate or establish an

interagency committee to facilitate and encourage agency use of

negotiated rulemaking. An agency that is considering, planning, or

conducting a negotiated rulemaking may consult with such agency or

committee for information and assistance.

(b) To carry out the purposes of this Subchapter, an agency planning or

conducting a negotiated rulemaking may accept, hold, administer, and

utilize gifts, devises, and bequests of property, both real and personal if

that agency's acceptance and use of such gifts, devises, or bequests do not

Volume 1, Page 8-42
5 USC 570.

5 USC 561 note.

5 USC 561 note.

create a conflict of interest. Gifts and bequests of money and proceeds

from sales of other property received as gifts, devises, or bequests shall be

deposited in the Treasury and shall be disbursed upon the order of the

head of such agency. Property accepted pursuant to this section, and the

proceeds thereof, shall be used as nearly as possible in accordance with

the terms of the gifts, devises, or bequests.6

Sec. 570. Judicial Review.

Any agency action relating to establishing, assisting, or terminating a

negotiated rulemaking committee under this Subchapter shall not be

subject to judicial review. Nothing in this section shall bar judicial review

of a rule if such judicial review is otherwise provided by law. A rule which

is the product of negotiated rulemaking and is subject to judicial review

shall not be accorded any greater deference by a court than a rule which is

the product of other rulemaking procedures.

Sec. 570a. Authorization of Appropriations.

There are authorized to be appropriated such sums as may be

necessary to carry out the purposes of this Subchapter.7

Sec. 4. Authorization of Appropriations.

In order to carry out this Act and the amendments made by this Act,

there are authorized to be appropriated to the Administrative Conference

of the United States, in addition to amounts authorized by section 596 of

title 5, United States Code, not in excess of $500,000 for each of the fiscal

years 1991, 1992, and 1993.

Sec. 5. Sunset and Savings Provisions.

Subchapter III of chapter 5, United States Code, (enacted as

Subchapter IV of chapter 5 of title 5, United States Code, by section 3 of

this Act and redesignated as Subchapter HI of chapter 5 by section (3)(a) of

the Administrative Procedure Technical Amendments Act of 1991); and

that portion of the table of sections at the beginning of chapter 5 of title 5,

United States Code, relating to Subchapter III, are repealed, effective 6

years after the date of the enactment of this Act, except that the provisions

of such Subchapter shall continue to apply after the date of the repeal with

respect to then pending negotiated rulemaking proceedings initiated before

the date of repeal which, in the judgment of the agencies which are

convening or have convened such proceedings, require such continuation,

until such negotiated rulemaking proceedings terminate pursuant to such

Subchapter.

6

Public Law 101-648, section 3(a), 104 Stat. 4975, November 29, 1990; Public Law 102-354,

section 3(aX2), (5), 106 Stat. 944, August 26, 1992; Public Law 104-320, section 11(b), 110 Stat. 3873,

October 19, 1996.

'Public Law 104-320, section 1 l(d)(1), 110 Stat. 3874, October 19, 1996, added this section.

Volume 1, Page 8-43
sec. 1.

Sec. 2.

Sec. 3.

Sec. 4.

Sec. 571.

Sec. 572.

Sec. 573.

Sec. 574.

Sec. 575.

Sec. 576.

Sec. 577.

Sec. 578.

Sec. 579.

Sec. 580.

Sec. 581.

Sec. 582.

See. 583.

Sec. 584.

Sec. 5.

Sec. 6.

Sec. 7.

See. 8.

Sec. 9.

Sec. 10.

Sec. 11.

ADMINISTRATIVE DISPUTE RESOLUTIONACT

TABLE OF CONTENTS

.5 USC 571 Page , • . . .. .. Page

Short Title .......................... ............ 8-45

Findings. .......................................... 8-45

Promotion of Alternative Means of Dispute

Resolution . ................................... 8-45

Administrative Procedures..... ...................... 8-46

SUBCHAPTER IVALTERNATIVE MEANS OFDISPUTE RESOLUTION

IN THE ADMINISTRATIVE PROCESS

Definitions ..... ................................ 8-46

General Authority. ......... . ......................... 8-47

Neutrals ..... .................... ........... 8-48

Confidentiality ............ .................. .............. 8-48

Authorization of Arbitration ...... ......................... 8-50

Enforcement of Arbitration Agreements ...................... 8-50

Arbitrators ........................ . ............. 8-50

Authority of the Arbitrator....... -. ..................... 8-51

Arbitration Proceedings .............. ... -........... 8-51 Arbitration Awards...............-...................8-51

,Judicial Review ........... .......... ........... 8-52

Repealed ...... .. . ............................... 8-52

Support Services .................... ......... .......... 8-52

Authorization of Appropriations .... .................... 8-52

Judicial Review of Arbitration Awards ........................ 8-52

Government Contract Claims.. ........ ........... 8-53

Federal Mediation and Conciliation Service .................. 8-53

Government Tort and Other Claims.......................... 8-53

Use of Non-Attorneys ........ ...................... 8-54

Definitions ................................................. 8-54

Sunset Provision .......................... 8-54

Volume 1, Page 8-44
ADMINISTRATIVE DISPUTE RESOLUTION ACT

Public Law 101-552 Stat. 2736

November 15, 1990

An Act

To authorize and encourage Federal agencies to use mediation, conciliation, arbitration,

and other techniques for the prompt and informal resolution of disputes, and for other

purposes.

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 "Administrative Dispute Resolution Act."8

Sec. 2. Findings. The Congress finds that-

(I) administrative procedure, as embodied in chapter 5 of title 5, United States

Code, and other statutes, is intended to offer a prompt, expert, and inexpensive means

of resolving disputes as an alternative to litigation in the Federal courts;

(2) administrative proceedings have become increasingly formal, costly, and

lengthy resulting in unnecessary expenditures of time and in a decreased likelihood of

achieving consensual resolution of disputes; (3) alternative means of dispute resolution have been used in the private sector for

many years and, in appropriate circumstances, have yielded decisions that are faster,

less expensive, and less contentious;

(4) such alternative means can lead to more creative, efficient, and sensible

outcomes;

(5) such alternative means may be used advantageously in a wide variety of

administrative programs; (6) explicit authorization of the use of well-tested dispute resolution techniques will eliminate ambiguity of agency authority under existing law; . (7) Federal agencies may-not only receive the benefit of techniques that were

developed in the private sector, but may also take the lead in the further development and refinement of such techniques; and t

: (8) the availability of a wide range of dispute resolution procedures, and an

increased understanding of the most effective use of such procedures, will enhance the

operation of the Government and better serve the public. Sec. 3. Promotion of Alternative Means of Dispute Resolution.

(a) PROMULGATION OF AGENCY POLICY.-Each agency shall adopt a policy that addresses the use of alternative means of dispute resolution and case management. In

developing such a policy, each agency shall-

(1) consult with the Administrative Conference of the United States and the

Federal Mediation and Conciliation Service; and

(2) examine alternative means of resolving disputes in connection with-

(A) formal and informal adjudications; (B) rulemakings; (C) enforcement actions;

'When originally enacted, this law was codified at 5 USC 581i. note. P.L 102-354 (106 Stat 943)

redesignated section numbers and U.S. Code cites and made minor amendments to the act.

Volume 1, Page 8-45,
(D) issuing and revoking licenses or permits;

(E) contract administration;

(F) litigation brought by or against the agency; and

(G) other agency actions.

(b) DISPUTE RESOLUTION SPECIALISTS.-The head of each agency shall

designate a senior official to be the dispute resolution specialist of the agency. Such

official shall be responsible for the implementation of-

(1) the provisions of this Act and the amendments made by this Act; and

(2) the agency policy developed under subsection (a).

(c) TRAINING.-Each agency shall provide for training on a regular basis for the

dispute resolution specialist of the agency and other employees involved in implementing

the policy of the agency developed under subsection (a). Such training should encompass

the theory and practice of negotiation, mediation, arbitration, or related techniques. The

dispute resolution specialist shall periodically recommend to the agency head agency

employees who would benefit from similar training.

(d) PROCEDURES FOR GRANTS AND CONTRACTS.-

(1) Each agency shall review each of its standard agreements for contracts, grants,

and other assistance and shall determine whether to amend any such standard

agreements to authorize and encourage the use of alternative means of dispute

resolution. (2)(A) Within 1 year after the date of the enactment of this Act, the Federal

Acquisition Regulation shall be amended, as necessary, to carry out this Act ad the

amendments made by this Act.

(B) For purposes of this section, the term "Federal Acquisition Regulation"

means the single system of Government-wide procurement regulation referred to

in section 6(a) of the Office of Federal Procurement Policy Act (41 USC 405(a)).

Sec. 4. Administrative Procedures.

(a) ADMINISTRATIVE HEARINGS.-Section 556(c) of title 5, United States Code,

is amended-

(1) in paragraph (6) by inserting before the semicolon at the end thereof the

following: "or by the use of alternative means of dispute resolution as provided in

Subchapter IV of this Chapter"; and

(2) by redesignating paragraphs (7) through (9) as paragraphs (9) through (11),

respectively, and inserting after paragraph (6) the following new paragraphs:,:

(7) inform the parties as to the availability of one or more alternative means of

dispute resolution, and encourage use of such methods;

(8) require the attendance at any conference held pursuant to paragraph (6) of at

least one representative of each party who has authority to negotiate concerning

resolution of issues in controversy;

(b) ALTERNATIVE MEANS OF DISPUTE RESOLUTION.- Chapter 5 of title 5,

United States Code, is amended by adding at the end the following new Subchapter:

SUBCHAPTER IV-ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN

THE ADMINISTRATIVE PROCESS

Sec. 571. Definitions.

For the purposes of this Subchapter, the term- 9

(1) "agency" has the same meaning as in section 551(1) of this title;

(2) "administrative program" includes a Federal function which involves

protection of the public interest and the determination of rights, privileges, and

9

Public Law 102-354, section 3(b)(1), 106 Stat. 944, August 26, 1992, inserted this Subchapter (5 USCS

sections 571 et seq. (formerly sections 581 et seq.)) after Subchapter III as redesignated (5 USCS section 561

et. seq.)

Volume 1, Page 8-46
obligations of private persons through rule making, adjudication, licensing, or

investigation, as those terms are used in Subchapter II of this chapter;

(3) "alternative means of dispute resolution" means any procedure that is used to

resolve issues in controversy, including, but not limited to, conciliation, facilitation,

mediation, fact-finding, minitrials, arbitration, and use of ombuds, or any combination

thereof; -

(4) "award" means any decision by an arbitrator resolving the issues in

controversy; 1 (5) "dispute resolution communication" means any oral or written communication

prepared for the purposes of a dispute resolution proceeding, including any

memoranda, notes or work product of the neutral, parties or nonparty participant;

except that a written agreement to enter into a dispute resolution proceeding, or final

written agreement or arbitral award reached as a result of a dispute resolution

proceeding, is not a dispute resolution communication;

(6) "dispute resolution proceeding" means any process in which an alternative

means of dispute resolution is used to resolve an issue in controversy in which a

neutral is appointed and specified parties participate;

(7) "in confidence" means, with respect to information, that the information is

provided-

(A) with the expressed intent of the source that it not be disclosed; or

(B) under circumstances that would create the reasonable expectation on behalf

of the source that the information will not be disclosed;

(8) "issue in controversy" means an issue which is material to a decision

concerning an administrative program of an agency, and with which there is

disagreement- (A) between an agency and persons who would be substantially affected by the

decision; or

(B) between persons who would be substantially affected by the decision;

(9) "neutral" means an individual who, with respect to an issue in controversy,

functions specifically to aid the parties in resolving the controversy;

(10) "party" means-

(A) for a proceeding with named parties, the same as in section 551(3) of this

title; and

(B) for a proceeding without named parties, a person who will be significantly

affected by the decision in the proceeding and who participates in the proceeding;

(11) "person" has the same meaning as in section 551(2) of this title; and

(12) "roster" means a list of persons qualified to provide services as neutrals."

Sec. 572. General authority

(a) An agency may use a dispute resolution proceeding for the resolution of an issue in

controversy that relates to an administrative program, if the parties agree to such

proceeding.

(b) An agency shall consider not using a dispute resolution proceeding if-

: (1) a definitive or authoritative resolution of the matter is required for precedential

value, and such a proceeding is not likely to be accepted generally as an authoritative

precedent;

(2) the matter involves or may bear upon significant questions of Government

policy that require additional procedures before a final resolution may be made, and

such a proceeding would not likely serve to develop a recommended policy for the

agency;

1

0

Public Law 101-552, section 4(b), 104 Stat. 2738; November 15, 1990; Public Law 102-354;

sections3(b)(2), 5(b)(1), (2), 106 Slat. 944, 946, August 26, 1992; Public Law 104-320, section 2, 110 Stat.

3870, October 19, 1996.

Volume 1, Page 8-47
(3) maintaining established policies is of special importance, so that variations

among individual decision are not increased and such a proceeding would not likely

reach consistent results among individual decisions;

(4) the matter significantly affects persons or organizations who are not parties to

the proceeding; .

(5) a full public record of the proceeding is important, and a dispute resolution

proceeding cannot provide such a record; and

(6) the agency must maintain continuing jurisdiction over the matter with authority

to alter the disposition of the matter in the light of changed circumstances, and a

dispute resolution proceeding would interfere with the agency's fulfilling that

requirement.

(c) Alternative means of dispute resolution'authorized under this Subchapter are

voluntary procedures which supplement rather than limit other available agency dispute

resolution techniques.

Sec. 573. Neutrals

.(a) A neutral may be a permanent or temporary officer or employee of the Federal

Government or any other individual who is acceptable to the parties to a dispute

resolution proceeding. A neutral shall have no official, financial, or personal conflict of

interest with respect to the issues in controversy, unless such interest is fully disclosed in

writing to all parties and all parties agree that the neutral may serve.

(b) A neutral who serves as a conciliator, facilitator, or mediator serves at the will of

the parties.

(c) The President shall designate an agency or designate or establish an interagency

committee to facilitate and encourage agency use of dispute resolution under this

Subchapter. Such agency or interagency committee, in consultation with other appropriate

Federal agencies and professional organizations experienced in matters concerning

dispute resolution, shall-

(1) encourage and facilitate agency use of alternative means of dispute resolution;

and

(2) develop procedures that permit agencies to obtain the services of neutrals on an

expedited basis.

(d) An agency may use the services or one or more employees of other agencies to

serve as neutrals in dispute resolution proceedings. The agencies may enter into an

interagency agreement that provides for the reimbursement by the user agency or the

parties of the full or partial cost of the services of such an employee.

(e) Any agency may enter into a contract with any person for services as a neutral, or

for training in connection with alternative means of dispute resolution. The parties in a

dispute resolution proceeding shall agree on compensation for the neutral that is fair and

reasonable to the Government."

Sec. 574. Confidentiality

(a) Except as provided in subsections (d) and (e), a neutral in a dispute resolution

proceeding shall not voluntarily disclose or through discovery or compulsory process be

required to disclose any dispute resolution communication or any communication

provided in confidence to the neutral, unless-

(1) all parties to the dispute resolution proceeding and the neutral consent in

writing, and, if the dispute resolution communication was provided by a nonparty

participant, that participant also consents in writing;

(2) the dispute resolution communication has already been made public;

"Public Law 10 1-552, section 4(b), 104 Stat. 2739, November 15, 1990; Public Law 102-354,

section 3(b)(2), 106 Stat. 944, August 26, 1992; Public Law 104-320, section 7(b), 110 Stat. 3872, October 19,

1996.

Volume 1, Page 8-48
(3) the dispute resolution communication is required by statute to be made public,

but a neutral should make such communication public only if no other person is

reasonably available to disclose the communication; or

(4) a court determines that such testimony or disclosure is necessary to-

(A) prevent a manifest injustice;

(B) help establish a violation of law; or

(C) prevent harm to the public health or safety, of sufficient magnitude in the

particular case to outweigh the integrity of dispute resolution proceedings in

general by reducing the confidence of parties in future cases that their

communications will remain confidential.

(b) A party to a dispute resolution proceeding shall not voluntarily disclose or through

discovery or compulsory process be required to disclose any dispute resolution

communications unless- -

(1) the communication was prepared by the party seeking disclosure;

(2) all parties to the dispute resolution proceeding consent in writing;

(3) the dispute resolution communication has already been made public;

(4) the dispute resolution communication is required by statute to be made-public;

(5) a court determines that such testimony or disclosure is necessary to-

(A) prevent a manifest injustice;

(B) help establisha violation of law; or

(C) prevent harm to the public health and safety, of sufficient magnitude in the

particular case to outweigh the integrity of dispute resolution proceedings in

general by reducing the confidence of parties in future cases that their

communications will remain confidential;

(6) the dispute resolution communication is relevant to determining the existence

or meaning of an agreement or award that resulted from the dispute resolution

communication or to the enforcement of such an agreement or award; or

(7) except for dispute resolution communications generated by the neutral, the

dispute resolution communication was provided to or was available to all parties to the

dispute resolution proceeding.

(c) Any dispute resolution communication that is disclosed in violation of subsection (a) or (b) 2 shall not be admissible in any proceeding relating to the issues in

controversy with respect to which the communication was made. I (d)(l) The parties may agree to alternative confidential procedures for disclosures by

.a neutral. Upon such agreement the parties shall inform the neutral before the

commencement of the dispute resolution proceeding of any modifications to the

provisions of subsection (a) that will govern the confidentiality of the dispute resolution

proceeding.If the parties do not so inform the neutral, subsection (a) shall apply.

(2) To qualify for the exemption established under subsection (j), an alternative

confidential procedure under this subsection may not provide for less disclosure than

the confidential procedures otherwise provided under this section.

:,,(e) If a demand of disclosure, by way of discovery request or other legal process is

•made upon a neutral regarding a dispute resolution communication, the neutral shall make

reasonable efforts to notify the parties and any affected nonparty participants of the

demand. Any party or affected nonparty participant who receives such notice and within

15 calendar days does not offer to defend a refusal of the neutral to disclose the requested

information shall have waived any objection to such disclosure.

(f) Nothing in this section shall prevent the discovery or admissibility of any evidence

that is otherwise discoverable, merely because the evidence was presented in the course of

a dispute resolution proceeding.

"

2

So in law. Comma probably is unnecessary.

Volume 1, Page 8-49
. (g) Subsections (a) and (b) shall have no effect on the information and data that are

necessary to document an agreement reached or order issued pursuant to a dispute

resolution proceeding. (h) Subsections (a) and (b) shall not prevent the gathering of information for research

or educational purposes, in cooperation with other agencies, governmental entities, or

dispute resolution programs, so long as the parties and the specific issues in controversy

are not identifiable.

(i) Subsections (a) and (b) shall not prevent use of a dispute resolution

communication to resolve a dispute between the neutral in a dispute resolution

proceeding and a party to or participant in such proceeding so long as such

dispute resolution communication is disclosed only to the extent necessary to

resolve such dispute. -

(j) A dispute resolution communication which is between a neutral and a party and

which may not be disclosed under this section shall also be exempt from disclosure under

section 552(b)(3). 3

"

Sec. 575. Authorization of Arbitration

ý; (a)(1) Arbitration may be used as an alternative means of dispute resolution whenever

all parties consent. Consent may be obtained either before or after an issue in controversy

has arisen. A party may agree to-

(A) submit only certain issues in controversy to arbitration; or

(B) arbitration on the condition that the award must be within a range of

possible outcomes.

(2) The arbitration agreement that sets forth the subject matter submitting to the

arbitration shall be in writing. Each such arbitration agreement shall specify a

maximum award that may be issued by the arbitrator and may specify other conditions

limiting the range of possible outcomes.

(3) An agency may not require any person to consent to arbitration as a condition

of entering into a contract or obtaining a benefit.

(b) An officer or employee of an agency shall not offer to use arbitration for the

resolution of issues in controversy unless such officer or employee- . (1) would otherwise have authority to enter into a settlement concerning the

matter; or

(2) is otherwise specifically authorized by the agency to consent to the use of

arbitration.'

(c) Prior to using binding arbitration under this Subchapter, the head of an agency, in

consultation with the Attorney General and after taking into account the-factors in

section 572(b), shall issue guidance on the appropriate use of binding arbitration and

when an officer or employee of the agency has authority to settle an issue in controversy

through binding arbitration."'4

Sec. 576. Enforcement of Arbitration Agreements.

An agreement to arbitrate a matter to which this Subchapter applies is enforcement

pursuant to section 4 of title 9, and no action brought to enforce such an agreement shall

be dismissed nor shall relief therein be denied on the grounds that it is against the United

States or that the United States is an indispensable party.

Sec. 577. Arbitrators

(a) The parties to an arbitration proceeding shall be entitled to participate in the

selection of the arbitrator.

"Public Law 101,552, section 4(b), 104 Stat. 2740, November 15, 1990; Public Law 102-354,

section 3(b)(2), 106 Stat. 944, August 26, 1992; Public Law 104-320, section 3, 110 Stat. 3870, October 19,

19%.1

4

Public Law 101-552, section 4(b), 104 Stat. 2742, November 15, 1990; Public Law 102-354,

section 3(b)(2), 106 Stat. 944, August 26, 1992; Public Law 104-320, section 8(c), 110 Stat. 3872, October 19,

1996.

Volume ., Page 8-50
(b) The arbitrator shall be a neutral who meets the criteria of section 573 of this title.

Sec. 578. Authority of the Arbitrator

An arbitrator to whom a dispute is referred under this Subchapter may- (1) regulate the course of and conduct arbitral hearings;

(2) administer oaths and affirmations;

(3) compel the attendance of witnesses and production of evidence at the hearing under the provisions of section 7 of title 9 only to the extent the agency involved is

otherwise authorized by law to do so; and

(4) make awards.

Sec. 579. Arbitration Proceedings

(a) The arbitrator shall set a time and place for the hearing on the dispute and shall

notify the parties not less than 5 days before the hearing.

(b) Any party wishing a record of the hearing shall-

(1) be responsible for the preparation of such record;

(2) notify the other parties and the arbitrator of the preparation of such record;

(3) furnish copies to all identified parties and the arbitrator; and

(4) pay all costs for. such record, unless the parties agree otherwise or the arbitrator

determines that the costs should be apportioned. (c)(1) The parties to the arbitration are entitled to be heard, to present evidence

material to the controversy, and to cross-examine witnesses appearing at the hearing. (2) The arbitrator may, vwith the consent of the parties, conduct all or part of the

hearing by telephone, television, computer, or other electronic means, if each party has an opportunity to participate.

(3) The hearing shall be conducted expeditiously and in an informal manner.

(4) The arbitrator may receive any oral or documentary evidence, except that

irrelevant, immaterial, unduly repetitious, or privileged evidence may be excluded by the arbitrator.

(5) The arbitrator shall interpret and apply relevant statutory and regulatory

requirements, legal precedents, and policy directives.

(d)No interested person shall make or knowingly cause to be made to the arbitrator an

unauthorized ex parte communication relevant to the merits of the proceeding, unless the

parties agree otherwise. If a communication is made in violation of this subsection, the

arbitrator shall ensure that a memorandum of the communication is prepared and made a

part of the record, and that an opportunity for rebuttal is allowed. Upon receipt of a

communication made in violation of this subsection, the arbitrator may, to the extent

consistent with the interests of justice and the policies underlying this subchapter, require the offending party to show cause why the claim of such party should not be resolved against such party as a result of the improper conduct.

(e) The arbitrator shall make the award within 30 days after the close of the hearing,

or the date of the filing of any briefs authorized by the arbitrator, whichever date is later,

unless- ,t•e

(1) the parties agree to some other time limit; or

S... •(2) the agencyprovides by rule for some other time limit.

Sec 580, Arbitration Awards

(a)(1) Unless the agency provides otherwise by rule, the award in an arbitration.

proceeding under this subchapter shall include a brief, informal discussion of the factual

and legal basis for the award, but formal findings of fact or conclusions of law shall not

be required. ý (2) The prevailing parties shall file the award with all relevant agencies, along with

proof of service on all parties.

(b) The award in an arbitration proceeding shall become final 30 days after it is served

on all parties. Any agency that is a party to the proceeding may extend this 30-day period

Volume 1, Page 8-51
for an additional 30-day period by serving a notice of such extension on all other parties

before the end of the first 30-day period.

(c) A final award is binding on the parties to the arbitration proceeding, and may be

enforced pursuant to sections 9 through 13 of title 9. No action brought to enforce such

an award shall be dismissed nor shall relief therein be denied on the grounds that it is

against the United States or that the United States is an indispensable party.,

(d) An award entered under this subchapter in an arbitration proceeding may not serve

as an estoppel in any other proceeding for any issue that was resolved in the proceeding.

Such an award also may not be used as precedent or otherwise be considered in any

factually unrelated proceeding, whether conducted under this subchapter, by an agency, or

in a court, or in any other arbitration proceeding."

See. 581. Judicial Review ; .

(a) Notwithstanding any other provision of law, any person adversely affected or

aggrieved by an award made in an arbitration proceeding conducted under this subchapter

may bring an action for review of such award only pursuant to the provisions of sections 9

through 13 of title 9..

(b)(1) A decision by an agency to use or not to use a dispute resolution proceeding

under this subchapter shall be committed to the discretion of the agency and shall not be

subject to judicial review, except that arbitration shall be subject to judicial review under

section 10(b) of title 9.

(2) A decision by the head of an agency under section 580 to terminate an

arbitration proceeding or vacate an arbitral award shall be committed to the discretion

of the agency and shall not be subject to judicial review. 16

Sec. 582. Repealed.17

Sec. 583. Support Services

For the purposes of this subchapter, an agency may use (with or without

reimbursement) the services and facilities of other Federal agencies, state, local, and tribal

governments, public and private organizations and agencies, and individuals with the

consent of such agencies, organizations, and individuals. An agency may accept voluntary

and uncompensated services for purposes of this subchapter without regard to the

provisions of section 1342 of title 31.

Sec. 584. Authorization of Appropriations

There are authorized to be appropriated such sums as may be necessary to carry out

the purposes of this Subchapter.

Sec. 5. Judicial Review of Arbitration Awards.

Section 10 of title 9, United States Code, is amended-

(1) by redesignating subsections (a) through (e) as paragraphs (1) through (5),

respectively;

(2) by striking out "In either" and inserting in lieu thereof "(a)In any"; and

(3) by adding at the end thereof the following:

(b) The United States district court for the district wherein an award was made that

was issued pursuant to section 590 of title 5 may make an order vacating the award upon

the application of a person, other than a party to the arbitration, who is adversely affected

or aggrieved by the award, if the use of arbitration or the award is clearly inconsistent

with the factors set forth in section 582 of title 5.

"Public Law 101-552, section 4(b), 104 Stat. 2743, November 15, 1990; Public Law 102-354,

sections3(bX2), 5(bX3), 106 Stat. 944, 946; August 26, 1992; Public Law 104-320, section 8(a), 110 Stat.

3872, October 19, 1996. 1

6

Public Law 101-552, section 4(b), 104 Stat. 2744, November 15, 1990; Public Law 102-354,

section 3(bX2), (4),,106 Stat. 944, August 26, 1992; Public Law 104-320, section 8(b), 110 Stat. 3872,

October 19," 1996. "

t

Pub. L 104-320, section 4(bX1), Oct. 19, 1996, 110 Stat. 3871.

Volume 1, Page 8-52
Sec. 6., Government Contract Claims.

(a) ALTERNATIVE MEANS OF DISPUTE RESOLUTION.-Section 6 of the

Contract Disputes Act of 1978 (41 USC'606) is amended by adding at the end the

following new subsections:

(d) Notwithstanding any other provision of this Act, a contractor and a contracting

officer may use any alternative means of dispute resolution under Subchapter IV of

chapter 5 of title 5, United States Code, or other mutually agreeable procedures, for

resolving claims. In a case in which such alternative means of dispute resolution or other

mutually agreeable procedures are used, the contractor shall certify that the claim is made

in good faith, that the supporting data are accurate and complete to the best of his or her

knowledge and belief, and that the amount requested accurately reflects the contract

adjustment for which the contractor believes the Government is liable. All provisions of

Subchapter IV of chapter 5 of title 5, United States Code, shall apply to such alternative

means of dispute resolution.

(e) The authority of agencies to engage in alternative means of dispute resolution

proceedings under subsection (d) shall cease to be effective on October 1, 1995, except

that such authority shall continue in effect with respect to then pending dispute resolution

proceedings which, in the judgment of the agencies that are parties to such proceedings,

require'such continuation, until such proceedings terminate.

(b) JUDICIAL REVIEW OF ARBITRAL AWARDS.-Section 8(g) of the Contract

Disputes Act of 1978 (41 USC 607(g)) is amended by adding at the end the following

new paragraph:

(3) An award by an arbitrator under this Act shall be reviewed pursuant to

sections 9 through 13 of title 9, United States Code, except that the court may set

aside or limit any award that is found to violate limitations imposed by Federal statue.

Sec. 7. Federal Mediation and Conciliation Service.

Section 203 of the Labor Management Relations Act, 1947 (29 USC 173) is amended

by adding at the end the following new subsection:

(f) The Service may make its services available to Federal agencies to aid in the

resolution of disputes under the provisions of Subchapter IV of chapter 5 of title 5, United

States Code. Functions performed by the Service may include assisting parties to disputes

;,related to administrative programs, training-persons in skills and procedures employed in

alternative means of dispute resolution, and furnishing officers and employees of the

Service to act as neutrals. Only officers and employees who are qualified in accordance

with section' 583 of title 5, United States Code, may be assigned to act as neutrals. The

* •Service shall consult with the Administrative Conference of the United States and other

agencies in maintaining rosters of neutrals and arbitrators, and to adopt such procedures

and rules as are necessary to carry out the services authorized in this subsection. - Sec 8. Government Tort and Other Claims., ' : , , I :, , I

(a)FEDERAL TORT CLAIMS.-Section 2672 of title 28, United States Code, isr,

amended by adding atfthe end of the first paragraph the following:

Notwithstanding the proviso contained in the preceding sentence, any award,

compromise, or settlement may be effected without the prior written approval of the

Attorney General or his or her designee, to the extent that the Attorney General

delegates to the head of the agency the authority to make such award, compromise, or

settlement. Such delegations may not exceed the authority delegated by the Attorney

General to the United States attorneys to settle claims for money damages against the

United States. Each Federal agency may-use arbitration, or other alternative means of

dispute resolution under the provisions of Subchapter IV of chapter 5 of title 5, to

settle any tort claim against the United States, to the extent of the agency's authority to

award, compromise, or settle such claim without the prior written approval of the

Attorney General or his or her designee.

Volume 1I Page 8-53
(b) CLAIMS OF THE GOVERNMENT.-Section 3711 (a)(2) of title 3 1, United States

Code, is amended by striking out "$20,000 (excluding interest)" and inserting in lieu

thereof $1100,000 (excluding interest) or such higher amount as the Attorney General

may from time to time prescribe."

Sec. 9. Use of Non-attorneys.

(a) REPRESENTATION OF PARTIES.-Each agency, in developing a policy on the

use of alternative means of dispute resolution under this Act, shall develop a policy with

regard to the representation by persons other than attorneys of parties in alternative

dispute resolution proceedings and shall identify any of its administrative programs with

numerous claims or disputes before the agency and determine-

(1) the extent to which individuals are represented or assisted by attorneys or by

persons who are not attorneys; and

(2) whether the subject areas of the applicable proceedings or the procedures are

so complex or specialized that only attorneys may adequately provide such

representation or assistance.

(b) REPRESENTATION AND ASSISTANCE BY NON-ATTORNEYS.-A person

who is not an attorney may provide representation or assistance to any individual in a

claim or dispute with an agency, if-

(1) such claim or dispute concerns an administrative program identified under

subsection (a);

(2) such agency determines that the proceeding or procedure does not necessitate

representation or assistance by an attorney under subsection (a)(2); and

(3) such person meets any requirement of the agency to provide representation or

assistance in such a claim or dispute.

(c) DISQUALIICATION OF REPRESENTATION OR ASSISTANCE.-Any

agency that adopts regulations under Subchapter IV of chapter 5of title 5, United States

Code, to permit representation or assistance by persons who are not attorneys shall review

the rules of practice before such agency to-

(1) ensure that any rules'pertaining to disqualification of attorneys from practicing

before the agency shall also apply, as appropriate, to other persons who provide

representation or assistance; and

-(2) establish effective agency procedures for enforcing such rules of practice and

for receiving complaints from affected persons.

Sec. 10. Definitions.

As used in this Act, the terms "agency!', "administrative program", and "alternative

means of dispute resolution" have the meanings given such terms in section 581 of title 5,

United States Code, as added by section 4(b) of this Act.

Sec. 11. Sunset Provision.

The authority of agencies to use dispute resolution proceedings under this Act and the

amendments made by this Act shall terminate on October 1, 1995, except that such

authority shall continue in effect with respect to then pending proceedings which, in the

judgment of the agencies that are parties to the dispute resolution proceedings, require

such continuation, until such proceedings terminate.

Approved November 15, 1990

Volume 1, Page 8-54
Chapter 6-THE ANALYSIS OF REGULATORY FUNCTIONS

TABLE OF CONTENTS

5 USC 601 - 612

Page

Sec. 601. Definitions . ................................. ............... 8-56

Sec. 602. Regulatory Agenda .......................................... 8-57

Sec. 603. Initial Regulatory Flexibility Analysis .......................... 8-57

Sec. 604. Final Regulatory Flexibility Analysis .......................... 8-58

Sec. 605. Avoidance of Duplicative or Unnecessary Analyses ................ 8-58

Sec. 606. Effect on Other Law ........ .......................... 8-59

Sec. 607. Preparation of Analyses ...................................... 8-59

Sec. 608. Procedure for Waiver or Delay of Completion ..................... 8-59

Sec. 609. Procedures for Gathering Comments ................. 8-59

Sec. 610. Periodic Review of Rules ..................... ............... 8-60

Sec. 611. Judicial Review ............................................. 8-61

See. 612. Reports and Intervention Rights ................................ 8-62

Volume 1, Page 8-55
Chapter 6-THE ANALYSIS OF REGULATORY FUNCTIONS

5 USC 601 - 612

Sec. 601. Derfmitions.

For purposes of this Chapter-

(1) the term "agency" means an agency as defined in section 551 'of this title;

(2) The term "rule" means any rule for which the agency publishes a general notice

of proposed rulemaking pursuant to section 553(b) of this title, or any other law,

including any rule of general applicability governing Federal grants to State and local

governments for which the agency provides an opportunity for notice and public

comment, except that the term "rule" does not include a rule of particular applicability

relating to rates, wages, corporate or financial structures or reorganizations thereof,

prices, facilities, appliances, services, or allowances therefor or to valuations, costs or

accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances;

(3) the term "small business" has the same meaning as the term "small business

concern" under section 3 of the Small Business Act, unless an agency, after

consultation with the Office of Advocacy of the Small Business Administration and

after opportunity for public comment, establishes one or more definitions of such term

which are appropriate to the activities of the agency and publishes such definitions(s)

in the Federal Register;

(4) the term "small organization" means any not-for-profit enterprise which is

independently owned and operated and is not dominant in its field, unless an agency

establishes, after opportunity for public comment, one or more definitions of such

term which are appropriate to the activities of the agency and publishes such

definition(s) in the Federal Register;

(5) the term "small governmental jurisdiction" means governments of cities,

counties, towns, townships, villages, school districts, or special districts, with a

population of less than fifty thousand, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are appropriate to the

activities of the agency and which are based on such factors as location in rural or

sparsely populated areas or limited revenues due to the population of such

jurisdiction, and publishes definition(s) in the Federal Register; and

(6) the term "small entity" shall have the same meaning as the terms "small

business," "small organization" and "small governmental jurisdiction" defined in

paragraphs (3), (4) and (5) of this section.

(7) the term "collection of information"-

(A) means the obtaining, causing to be obtained, soliciting, or requiring the

disclosure to third parties or the public, of facts or opinions by or for an agency,

regardless of form or format, calling for either-

(i) answers to identical questions posed to, or identical reporting or

recordkeeping requirements imposed on, 10 or more persons, other than

agencies, instrumentalities, or employees of the United States; or

(ii) answers to questions posed to agencies, instrumentalities, or employees

of the United States which are to be used for general statistical purposes; and

(B) shall not include a collection of information described under

section 3518(c)(1) of title 44, United States Code.

Volume 1i Page 8-56
(8) Recordkeeping Requirement.-The term "recordkeeping requirement" means a

requirement imposed by an agency on persons to maintain specified records.'8

Sec. 602. Regulatory Agenda.,

(a) During the months of October and April of each year, each agency shall publish in

the Federal Register a regulatory flexibility agenda which shall contain- ' .

(1) a brief description of the subject area of any rule which the agency expects to

proposed or promulgate which is likely to have a significant economic impact on a

substantialnumber of small entities;

(2) a summary of the nature of any such rule under consideration for each subject

area listed in the agenda pursuant to paragraph (1), the objectives and legal basis for

the issuance of the rule, and an approximate schedule for completing action on any

rule for which the agency has issued a general notice of proposed rulemaking, and

(3) the name and telephone number of an agency official knowledgeable

concerning the items listed in paragraph (1).'

(b) Each regulatory flexibility agenda shall be transmitted to the Chief Counsel for

Advocacy of the Small Business Administration for comment, if any. .

(c) Each agency shall endeavor to provide notice of each regulatory flexibility agenda

to small entities or their representatives through direct notification or publication of the

agenda in publications likely to be obtained by such small entities and shall invite

comments upon each subject area on the agenda.

(d) Nothing in this section precludes an agency from considering or acting on any

matter not included in a regulatory flexibility agenda, or requires an agency to consider or

act on any matter listed in such agenda. (Added Pub. L. 96-354, Sept. 19, 1980, 94 Stat.

1166.) . Sec. 603. Initial RegulatoryFlexibility Analysis..

(a) Whenever an agency is required by section 553 of this title, or any other law, to

publish general notice of proposed rulemaking for any proposed rule, or publishes a

notice of proposed rulemaking for an interpretative rule involving the internal revenue

laws of the United States, the agency shall prepare and make available for public

comment an initial regulatory flexibility analysis., Such analysis shall describe the impact

.of the proposed rule on small entities. The initial regulatory flexibility analysis or a

summary shall be published in the Federal Register at the time of the publication of

general notice of proposed rulemaking for the rule. The agency shall transmit a copy of

the initial regulatory flexibility: analysis to the Chief Counsel for, Advocacy of the Small

Business Administration. In the case of an interpretative rule involving the internal

revenue laws of the United States, this chapter applies to interpretative rules published in

the Federal Register for codification in the Code of Federal Regulations, but only to the

extent that such interpretative rules impose on small entities a collection of information

requirement.

(b) Each initial regulatory flexibility analysis required under this section shall

contain-o

(1) a description of the reasons why action by the agency is being considered;

(2)"a succinct statement ofthe objectives of, and legal basis for, the proposed rule; -(3) a description of and; where feasible, an estimate of the number of small entities

to which'the proposed rule will apply;

, (4) adescription of the projected reporting, recordkeeping and other compliance

requirements of the proposed rule, including an estimate of theclasses of small .-

entities which will be subject to the requirement and the type of professional skills

necessary for preparation of the report or record;

(5) an identification, to the extent practicable, of all relevant Federal rules which

may duplicate, overlap or conflict with the proposed rule.

IsPublic Law 104-121, title II, Subtitle D, section 241(aX2), I 10 Stat. 864, March 29, 1996.

Volume 1, Page 8-57
(c) Each initial regulatory flexibility analysis shall also contain a description of any

significant alternatives to the proposed rule which accomplish the stated objectives of

applicable statutes and which minimize any significant economic impact of the proposed

rule on small entities. Consistent with the stated objectives of applicable statutes,'the

analysis shall discuss significant alternatives such as-

(1) the establishment of differing compliance or reporting requirements or

timetables that take into account the resources available to small entities;

(2) the clarification, consolidation, or simplification of compliance and reporting

requirements under the rule for such small entities;

(3) the use of performance'rather than design standards; and

(4) an exemption from coverage of the rule, or any part thereof, for such small

entities. 9

Sec. 604. Final Regulatory Flexibility Analysis.

(a) When an agency promulgates a final rule under section 553 of this title, after being

required by that section or any other law to publish a general notice of proposed

rulemaking, or promulgates a final interpretative rule involving the internal revenue laws

of the United States as described in section 603(a), the agency shall prepare a final

regulatory flexibility analysis. Each final regulatory flexibility analysis shall contain-

(1) a-succinct statement of the need for, and objectives of, the rule;

(2) a summary of the significant issues raised by the public comments in response

to the initial regulatory flexibility analysis, a summary of the assessment of the agency

of such issues, and a statement of any changes made in the proposed rule as a result of

such comments;

(3) a description of and an estimate of the number of small entities to which the

rule will apply or an explanation of why no such estimate is available;

(4) a description of the projected reporting, recordkeeping and other compliance

requirements of the rule, including an estimate of the classes of small entities which

will be subject to the requirement and the type of professional skills necessary for

preparation of the report or record; and

(5) a description of the steps the agency has taken to minimize the significant

economic impact on small entities consistent with the stated objectives of applicable

statutes, including a statement of the factual, policy, and legal reasons for selecting the

alternative adopted in the final rule and why each one of the other significant

alternatives to the rule considered by the agency which affect the impact on small

entities was rejected.

(b) The agency shall make copies of the final regulatory flexibility analysis available

to members of the2public and shall publish in the Federal Register such analysis or a

summary thereof.

Sec. 605. Avoidance of Duplicative or Unnecessary Analyses.

(a) Any Federal agency may perform the analyses required by sections 602, 603, and

604 of this title in conjunction with or as a part of any other agenda or analysis required

by any other law if such other analysis satisfies the provisions of such sections.

(b) Sections 603 and 604 of this title shall not apply to any proposed or final rule if

the head of the agency certifies that the rule will not, if promulgated, have a significant

economic impact on a substantial number of small entities. If the head of the agency

makes a certification under the preceding sentence, the agency shall publish such

certification in the Federal Register at the time of publication of general notice of

proposed rulemaking for the rule or at the time of publication of the final rule, along with

a statement providing the factual basis for such certification. The agency shall provide

'-Public Law 104-121, title II, Subtitle D, section 241(a)(1), 110 Stat. 864, March 29, 1996.

2tPublic Law 104-121, title II, Subtitle D. section 241(b), 110 Stat. 864, March 29, 1996,

Volume 1, Page 8-58
such certification and statement to the Chief Counsel for Advocacy of the Small Business

Administration.

(c) In order to avoid duplicative action, an agency may consider a series of closely

related rules as one rule for the purposes of sections 602, 603, 604 and 610 of this title."'

Sec. 606. Effect on Other Law.

The requirements of sections 603 and 604 of this title do not alter in any manner

standards otherwise applicable by law to agency action.

Sec. 607. Preparation of Analyses.

In complying with the provisions of sections 603 and 604 of this title, an agency may

provide either a quantifiable or numerical description of the effects of a proposed rule or

alternatives to the proposed rule, or more general descriptive statements if quantification

is not practicable or reliable.

Sec. 608. Procedure for Waiver or Delay of Completion.

(a) An agency head may waive or delay the completion of some or all of the

requirements of section 603 of this title by publishing in the Federal Register, not later

than the date of publication of the final rule, a written finding, with reasons therefor, that

the final rule is being promulgated in response to an emergency that makes compliance or

timely compliance with the provisions ofsection 603 of this title impracticable.

(b) Except as provided in section 605(b), an agency head may not waive the

requirements of section 604 of this title. An agency head may delay the completion of the

requirements of section 604 of this title for a period of not more than one hundred and

eighty days after the date of publication in the Federal Register of a final rule by publishing in the Federal Register, not later than such date of publication, a written

finding, with reasons therefor, that the final rule is being promulgated to response to an

emergency that makes timely compliance with the provisions of section 604 of this title

impracticable. If the agency has not prepared a. final regulatory analysis pursuant to

section 604 of this title within one hundred and eighty days from the date of publication

of the final rule, such rule shall lapse and have no effect. Such rule shall not be

repromulgated until a final regulatory flexibility analysis has been completed by the

agency. (Added Public Law 96-354, Sept. 19, 1980, 94 Stat. 1168.)

Sec. 609. Procedures for Gathering Comments.

-' (a) When any rule is promulgated which will have a significant economic impact on a

substantial number of small entities, the head of the agency promulgating the rule or the

official of the agency with statutory responsibility for the promulgation of the rule-shall

assure that small entities have been given an opportunity to participate in the rulemaking

for the rule through the reasonable use of techniques2 such as- - - I 

(1) the inclusion in an advanced notice of proposed rulemaking, if issued, of a

statement that the proposed rule may have a significant economic effect on a

substantial number of small entities;

(2) the publication of general notice of proposed rulemaking in publications likely

,:,to be obtained by small entities;-

(3) the direct notification of interested small entities;

(4) the conduct of open conferences or public hearings concerning the rule for

small entities including soliciting and receiving comments over computer networks;

and'

(5) the adoption or modification of agency procedural rules to reduce the cost or

complexity of participation in the rulemaking by small entities.

(b) Prior to publication of an initial regulatory flexibility analysis which'a covered

agency is required to conduct by this Chapter-

(1) a covered agency shall notify the Chief Counsel for Advocacy of the Small

Business Administration and provide the Chief Counsel with information on the

2'Public Law 104-121, title II, Subtitle D, section 243(a), 110 Stat. 866, March 29, 1996.

Volume 1, Page 8-59
potential impacts of the proposed rule on small entities and the type of small entities

that might be affected;

(2) not later than 15 days after the date of receipt of the materials described in

paragraph (1), the Chief Counsel shall identify individuals representative of affected

small entities for the purpose of obtaining advice and recommendations from those

individuals about the potential impacts of the proposed-rule;

(3) the agency shall convene a review panel for such rule consisting wholly of full

time Federal employees of the office within the agency responsible for carrying out

the proposed rule, the Office of Information and Regulatory Affairs within the Office

of Management and Budget, and the Chief Counsel;

(4) the panel shall review any material the agency has prepared in connection with

this chapter, including any draft proposed rule, collect advice and recommendations of

each individual small entity representative identified by the agency after consultation

with the Chief Counsel, on issues related to subsections 603(b), paragraphs (3), (4)

and (5)4and 603(c);3

(5) not later than 60 days after the date a covered agency convenes a review panel

pursuant to paragraph (3), the review-panel shall report on the comments of the small

entity representatives and its findings as to issues related to subsections 603(b),

paragraphs (3), (4) and (5) and 603(c),4 provided that such report shall be made public

as part of the rulemaking record; and

(6) where appropriate,-the agency shall modify the proposed rule, the initial

regulatory flexibility analysis or the decision on whether an initial regulatory

flexibility analysis is required.

(c) An agency may in its discretion apply subsection (b) to rules that the agency

intends to certify under subsection 605(b), but the agency believes may have a greater

than de minimis impact on a substantial number of small entities.

(d) For purposes of this section, the term "covered agency" means the Environmental

Protection Agency and the Occupational Safety'and Health Administration of the

Department of Labor.

(e) The Chief Counsel of Advocacy, in consultation with the individuals identified in

subsection (b)(2), and with the Administrator of the Office of Information and Regulatory

Affairs within the Office of Management and Budget, may waive the requirements of

subsections (b)(3), (b)(4), and (b)(5) by including in the rulemaking record a written

finding, with reasons therefor, that those requirements would not advance the effective

participation of small entities in the rulemaking process. For purposes of this subsection,

the factors to be considered in making such a finding are as follows:

(1) In developing a proposed rule, the extent to which the covered agency

consulted with individuals representative of affected small entities with respect to the

potential impacts of the rule and took such concerns into consideration.

(2) Special circumstances requiring prompt issuance of the rule.

.(3) Whether the requirements of subsection (b) would provide the individuals

identified in subsection (b)(2) with a competitive advantage relative to other small

entities.'

Sec. 610. Periodic Review of Rules.

(a) Within one hundred and eighty days after the effective date of this chapter, each

agency shall publish in the Federal Register a plan for the periodic review of the rules

issued by the agency which have or will have a significant economic impact upon a

substantial number of small entities. Such plan may be amended by the agency at any time

by publishing the revision in the Federal Register. The purpose of the review shall be to

determine whether such rules should be continued without change, or should be amended

or rescinded, consistent with the stated objectives of applicable statutes, to minimize any

'Public Law 104-121, title 11, Subtitle D, section 244(a), 110 Stat. 867,March 29, 1996.

Volume 1, Page 8-60
significant economic impact of the rules upon a substantial number of such small entities.

The plan shall provide for the review of all such agency rules existing on the effective

date of this chapter within ten years of that date and for the review of such rules adopted

after the effective date of this chapter within ten years of the publication of such rules as

the final rule. If the head of the agency determines that completion of the review of

existing rules is not feasible by the established date, he shall so certify in a statement

published in the Federal Register and may extend the completion date by one year at a

time for a total of not more than five years.

(b) In reviewing rules to minimize any significant economic impact of the rule on a

substantial number of small entities in a manner consistent with the stated objectives of

applicable statutes, the agency shall consider the following factors-

(1) the continued need for the rule;

(2) the nature of complaints or comments received concerning the rule from the

public;

(3) the complexity of the rule; (4) the extent to which' the rule overlaps, duplicates or conflicts with other federal

rules, and, to the extent feasible, with State and local governmental rules; and

(5) the length of time since the rule has been evaluated or the degree to which

technology, economic conditions, or other factors have changed in the area affected

by the rule.

(c) Each year, each agency shall publish in the Federal Register a list of the rules

which have a significant economic impact on a substantial number of small entities, which

are to be reviewed pursuant to this section during the succeeding twelve months. The list

shall include a brief description of each rule and the need for and legal basis of such rule

and shall invite public comment upon the rule. (Added Pub, L. 96-354, Sept. 19, 1980, 94

Stat. 1168.),

Sec. 611. Judicial Review.

(a)(I) For any rule subject to this chapter, a small entity that is adversely affected or

aggrieved by final agency action is entitled to judicial review of agency compliance with

the requirements of sections 601,604, 605(b), 608(b), and 610 in accordance with

chapter 7. Agency compliance with sections 607 and 609(a) shall be judicially reviewable

in connection with judicial review of section 604.

(2) Each court having jurisdiction to review such rule for compliance with

section 553, or under any other provision of law, shall have jurisdiction to review any

claims of noncompliance with sections 601,604,605(b), 608(b), and 610 in

accordance with chapter 7. Agency compliance with section 607 and 609(a) shall be

judicially reviewable in connection with judicial review of section 604.

(3)(A) A small entity may seek such review during the period beginning on the

date of final agency action and ending one year later, except that where a provision of

law requires that an action challenging a final agency action be commenced before the

expiration of one year, such lesser period shall apply to an action for judicial review

under this section.

(B) In the case where an agency delays the issuance of a final regulatory

flexibility analysis pursuant to section 608(b) of this chapter, an action for judicial

review under this section shall be filed not later than-

(i) one year after the date the analysis is made available to the public, or

(ii) where a provision of law requires that an action challenging a final

agency regulation be commenced before the expiration of the 1-year period,

the number of days specified in such provision of law that is after the date the

analysis is made available to the public.

(4) In granting any relief in an action under this section, the court shall order the

agency to take corrective action consistent with this chapter and chapter 7, including,

but not limited to- z

Volume 1, Page 8-61
(A) remanding the rule to the agency, and.

(B) deferring the enforcement of the rule against small entities unless the court

finds that continued enforcement of the rule is in the public interest.

(5) Nothing in this subsection shall be construed to limit the authority of any court

to stay the effective date of any rule or provision thereof under any other provision of

law or to grant any other relief in addition to the requirements of this section.

(b) In an action for the judicial review of a rule, the regulatory flexibility analysis for

such rule, including an analysis prepared or corrected pursuant to paragraph (a)(4), shall

constitute part of the entire record of agency action in connection with such review.

(c) Compliance or noncompliance by an agency with the provisions of this chapter

shall be subject to judicial review only in accordance with this section.

(d) Nothing in this section bars judicial review of any other impact statement or

similar analysis required by any other law ifjudicial review of such statement or analysis

is otherwise permitted by law.'

Sec. 612. Reports and Intervention Rights.

(a) The Chief Counsel for Advocacy of the Small Business Administration shall

monitor agency compliance with this chapter and shall report at least annually thereon to

the President and to the Committees on the Judiciary and Small Business of the Senate

and House of Representatives.

(b) The Chief Counsel for Advocacy of the Small Business Administration is

authorized to appear as amicus curiae in any action brought in a court of the United States

to review a rule. In any such action, the Chief counsel is authorized to present his or her

views with respect to compliance of this chapter, the adequacy of the rulemaking record

with respect to small entities.*2.

(c) A court of the United States shall grant the application of the Chief Counsel for

Advocacy of the Small Business Administration to appear in any such action for the

purposes described in subsection (b). (Added Pub. L. 96-354,'Sept. 19, 1980, 94 Stat.

1170.)

3

As amended, Public Law 104-121, title H, Subtitle D, section 242, 110 Stat. 865, March 29, 1996.

'

4

As amended, Public Law 104-121, title II, Subtitle D. section 243(b), 110 Stat. 866, March 29, 1996.

Volume 1, Page 8-62
Chapter 7-JUDICIAL REVIEW

TABLE OF CONTENTS

5 USC 701 - 706

Page

Sec. 701. Application; Definitions ................................... 8-64

Sec. 702. Right of Review.......... ........................ 8-64

Sec. 703. Form and Venue of Proceeding ............................. 8-64 Sec. 704. Actions Reviewable ...................................... 8-65

Sec. 705. Relief Pending Review .................................... 8-65

Sec. 706. Scope of Review ......................................... 8-6 5

Volume 1, Page 8-63
Chapter 7-JUDICIAL REVIEW

5 USC,701 -706

Sec. 701. Application; Definitions.

(a) This chapter applies, according to the provisions thereof, except to the extent that-

(1) statutes preclude judicial review; or

(2) agency action is committed to agency discretion by law.

(b) For the purpose of this Chapter-

(1) "agency" means each authority of the Government of the United States,

whether or not it is within or subject to review by another agency, but does not

include-

(A) the Congress;

(B) the courts of the United States:

(C) the governments of the territories or possessions of the United States;

(D) the government of the District of Columbia;

(E) agencies composed of representatives of the parties or of representatives of

organizations of the parties to the disputes determined by them;

(F) courts martial and military commissions;

(G) military authority exercised in the field in time of war or in occupied

territory; or

(H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12;

chapter 2 of title 41; Subchapter II of chapter 471 of title 49; or sections 1884,

1891-1902, and former section 1641(b)(2), of title 50, appendix; and

(2) "person", "rule", "order", "license", "sanction", "relief', and "agency action"

have the meanings given them by section 551 of this title.25

Sec. 702. Right of Review.

A person suffering legal wrong because of agency action, or adversely affected or

aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial

review thereof. An action in a court of the United States seeking relief other than money

damages and stating a claim that an agency or an officer or employee thereof acted or

failed to act in an official capacity or under color of legal authority shall not be dismissed

nor relief therein be denied on the ground that it is against the United States or that the

United States is an indispensable party. The United States may be named as a defendant

in any such action, and a judgment or decree may be entered against the United States:

Provided, That any mandatory or injunctive decree shall specify the Federal officer or

officers (by name or by title), and their successors in office, personally responsible for

compliance. Nothing herein (1) affects other limitations on judicial review or the power

or duty of the court to dismiss any action or deny relief on any other appropriate legal or

equitable ground; or (2) confers authority to grant relief if any other statute that grants

consent to suit expressly or impliedly forbids the relief which is sought.

Sec. 703. Form and Venue of Proceeding.

The form of proceeding for judicial review is the special statutory review proceeding

relevant to the subject matter in a court specified by statute or, in the absence or

inadequacy thereof, any applicable form of legal action, including actions for declaratory

judgments or writs of prohibitory or mandatory injunction or habeas corpus, in a court of

competent jurisdiction. If no special statutory review proceeding is applicable, the action

for judicial review may be brought against the United States, the agency by its official

title, or the appropriate officer. Except to the extent that prior, adequate, and exclusive

opportunity for judicial review is provided by law, agency action is subject to judicial

review in civil or criminal proceedings for judicial enforcement.

'As amended, Public Law 103-272, section 5(a) (108 Stat. 1373). July 5, 1994.

Volume 1, Page 8-64
Sec. 704. Actions Reviewable.

Agency action made reviewable by statute and final agency action for which there is

no other adequate remedy in a court are subject to judicial review. A preliminary,

procedural, or intermediate agency action or ruling not directly reviewable is subject to

review on the review of the final agency action. Except as otherwise expressly required by

statute, agency action otherwise final is final for the purposes of this section whether or

not there has been presented or determined an application for a declaratory order, for any

form of reconsideration, or, unless the agency otherwise requires by rule and provides that

the action meanwhile is inoperative, for an appeal to superior agency authority.

Sec. 705. Relief Pending Review.

When an agency finds that justice so requires, it may postpone the effective date of

action taken by it, pending judicial review. On such conditions as may be required and to

the extent necessary to prevent irreparable injury, the reviewing court, including the court

to which a case may be taken on appeal from or on application for certiorari or other writ

to a reviewing court, may issue all necessary and appropriate process to postpone the

effective date of an agency action or to preserve status or rights pending conclusion of the

review proceedings.

Sec. 706. Scope of Review.

To the extent necessary to decision and when presented, the reviewing court shall

decide all relevant questions of law, interpret constitutional and statutory provisions, and

determine the meaning or applicability of the terms of an agency action. The reviewing

court shall-

(1) compel agency action unlawfully withheld or unreasonably delayed; and

(2) hold unlawful and set aside agency action, findings, and conclusions found to

be-

(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance

with law;

(B) contrary to constitutional right, power, privilege, or immunity;

(C) in excess of statutory jurisdiction, authority, or limitations, or short of

statutory right; (D) without observance of procedure required by law;

(E) unsupported by substantial evidence in a case subject to sections 556 and

557 of this title or otherwise reviewed on the record of an agency hearing provided

by statute; or

(F) unwarranted by the facts to the extent that the facts are subject to trial de

novo by the reviewing court.

In making the foregoing determinations, the court shall review the whole record or

those parts of it cited by a party, and due account shall be taken of the rule of prejudicial

error.

Volume 1, Page 8-65
Chapter 8-CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

TABLE OF CONTENTS

5 USC APPENDIX 2

Page

Sec. 801. Congressional Review ................................ 8-67

Sec. 802. Congressional Disapproval Procedure ................. * ....... 8-69

Sec. 803., Special Rule on Statutory, Regulatory, and Judicial Deadlines ....... 8-70

Sec.' 804. Definitions .... ............. ...................... 8-70

Sec. 805. Judicial Review ....................... ............. 8-71

Sec. 806. Applicability; Severability ... ..... ................ .......... 8-71

Sec. 807. Exemption for Monetary Policy ............................... 8-71

Sec. 808. Effective Date of Certain Rule ................................ 8-71

Volume 1, Page 8-66
Chapter 8-CONGRESSIONAL REVIEW OF AGENCY RULEMAKING26

5 USC APPENDIX 2

Sec. 801. Congressional Review

(a)(1)(A) Before a rule can take effect, the Federal agency promulgating such rule

shall submit to each House of the Congress and to the Comptroller General a report

containing- a c o

(i) a copy of the rule; (ii) a concise general statement relating to the rule, including whether it is a

major rule; and

(iii) the proposed effective date of the rule.

(B) On the date of the submission of the report under subparagraph (A), the

Federal agency promulgating the rule shall submit to the Comptroller General and

make available to each House of Congress-

(i) a complete copy of the cost-benefit analysis of the rule, if any; (ii) the agency's actions relevant to sections 603,604, 605,607, and 609;

(iii) the agency's actions relevant to sections 202, 203, 204, and 205 of the

Unfunded Mandates Reform Act of 1995; and

(iv) any other relevant information or requirements under any other Act and

any relevant Executive orders.

(C) Upon receipt of a report submitted under subparagraph (A), each House

shall provide copies of the report to the chairman and ranking member of each

standing committee with jurisdiction under the rules of the House of

Representatives or the Senate to report a bill to amend the provision of law under

which the rule is issued.

(2)(A) The Comptroller General shall provide a report on each major rule to the

committees ofjurisdiction in each House of the Congress by the end of 15 calendar

days after the submission or publication date as provided in section 802(b)(2). The

report of the Comptroller General shall include an assessment of the agency's compliance with procedural. steps required by paragraph (1)(B).

(B) Federal agencies shall cooperate with the Comptroller General by

providing information relevant to the Comptroller General's report under

subparagraph (A). Tp

(3) A majorrule relating to a report submitted under paragraph (1) shall take effect

on the latest of-

(A) the later of the date occurring 60 days after the date on which-

(i) the Congress receives the report submitted under paragraph (1); or

(ii) the rule is published in the Federal Register, if so published;

(B) if the Congress passes a joint resolution of disapproval described in

section 802 relating to the rule, and the President signs a veto of such resolution,

the earlier date-

(i) on which either House of Congress votes and fails tooveride the veto

of the President; or

(ii) occurring 30 session days after the date on which the Congress received

the veto and objections of the President; or

(C) the date the rule would have otherwise taken effect, not for this section

(unless a joint resolution of disapproval undersection 802 is enacted.

(4) Except for a major rule, a rule shall take effect as otherwise provided by law

after submission to Congress under paragraph (1).

26Public Law 104-121, title 11, Subtitle E, section 251, 110 Stat. 868 (effective on enactment, as provided

by section 252 of such Act, which appears as 5 USCS section 801 note), added the chapter heading and

analysis.

Volume 1, Page 8-67
(5) Notwithstanding paragraph (3), the effective date of a rule shall not be delayed

by operation of this chapter beyond the date on which either House of Congress votes

to reject a joint resolution of disapproval under section 802.

(b)(1) A rule shall not take effect (or continue), if the Congress enacts a joint

resolution of disapproval, described under section 802, of the rule.

n (2) A rule that does not take effect (Or does not continue) under paragraph (1) may

not be reissued in substantially the same form, and a new rule that is substantially the

same as such a rule may not be issued, unless the reissued or new rule is specifically

authorized by a law enacted after the date of the joint resolution disapproving the

original rule.

(c)(1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a rule that would not take effect~by reason of subsection (a)(3) may take effect,

if the President makes a determination under paragraph (2) and submits written notice of

such determination to the Congress.,

(2) Paragraph (1) applies to a determination made by the President by Executive

order that the rule should take effect because such rule is-

(A) necessary because of an imminent threat to health or safety or other

emergency;

(B) necessary for the enforcement of criminal laws;

(C) necessary for national security; or

(D) issued pursuant to any statute implementing an international trade

agreement.

(3) An exercise by the President of the authority under this subsection shall have

no effect on the procedures under section 802 or the effect of a joint resolution of

disapproval under this section.

(d)(1) In addition to the opportunity for review otherwise provided under this chapter,

in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring-

(A) in the case of the Senate, 60 sessions days, or

'(B) in the case of the House of Representatives, 60 legislative days, before the

date the Congress adjourns a session of Congress through the date on which the

same or succeeding Congress first convenes its next session, section 802 shall

apply to such rule in the succeeding session of Congress.

(2)(A) In applying section 802 for purposes of such additional review, a rule

described under paragraph (1) shall be treated as though-

(i) such rule were published in the Federal Register (as a rule that shall take

effect) on- .. (I) in the case of the Senate, the 15th session day, or

(II) in the case of the House of Representatives, the 15th legislative day,

after the succeeding session of Congress first convenes; and

(ii) a report on such rule were submitted to Congress under subsection

(a)(1) on such date.

(B) Nothing in this paragraph shall be construed to affet the requirement

under subsection (a)(1) that a report shall be submitted to Congress before a rule

can take effect.

(3) A rule described under paragraph (1) shall take effect as otherwise provided by

law (including other subsections of this section). I

(e)(1) For purposes of this subsection, section 802 shall also apply to any major rule

promulgated between March 1, 1996; and the date of the enactment of this chapter.

(2) In applying section 802 for purposes of Congressional review, a rule described

under paragraph (1) shall be treated as though-

(A) such rule were published in the Federal Register on -the date of enactment

of this chapter; and

Volume '1, Page 8-68
(B) a report on such rule were submitted to Congress under subsection (a)(l)

on such date.

(3) The effectiveness of a rule described under paragraph (1) shall be as otherwise

provided by law, unless the rule is made of no force or effect under section 802.

(f) Any rule that takes effect-And later is made of no force or effect by enactment of a

joint resolution under section 802 shall be treated as though such rule had never taken

effect.

(g) If the Congress does not enact a joint resolution of disapproval under section 802

respecting a rule, no court or agency may infer any intent of the Congress from any action

or inaction of the Congress with regard to such rule, related statute, or joint resolution of

disapproval.

Sec. 802. Congressional Disapproval Procedure

(a) For purposes of this section, the term "joint resolution" means only a joint

resolution introduced in the period beginning on the date on which the report referred to

in section 801(a)(l)(A) is received by Congress'and ending 60 days thereafter (excluding

days either House of Congress is adjourned for more than 3 days during a session of

Congress), the matter after the resolving clause of which is as follows: "That Congress

disapproves the rule submitted by the I I - relating to - , and such rule shall have

no force or effect." (The blank spaces being appropriately filled in.)

(b)(1) A joint resolution described in subsection (a) shall be referred to the

committees in each House of Congress with jurisdiction. I - . (2) For purposes of this section, the term "submission or publication date" means

the later of the date on which- .

(A) the Congress receives the report submitted under section 801(a)(1); or

(B) the rule is published in the Federal Register, if so published.

(c) In the Senate, if the committee to which is referred a joint resolution described in

subsection (a) have not reported such joint resolution (or an identical joint resolution) at

the end of 20 calendar days after the submission or publication date defined under

subsection (b)(2), such committee may be discharged from further consideration of such

joint resolution upon a petition supported in writing by 30 Members of the Senate, and

such joint resolution shall be placed on the calendar. . --(d)(l)In the Senate, when the committee to which a joint resolution is referred has

reported, or when a committee is discharged-(under subsection (c)) from further consideration ofajoint resolution described in subsection (a), it is at any time thereafter

in order (even though a previous motion to the same effect has been disagreed to) for a

motion to proceed to the consideration of the joint resolution, and all points of order

against the joint resolution (and against consideration of the joint resolution) are waived.

..The motion is not 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 joint resolution is agreed to, the joint, resolution shall remain the

unfinished business of the Senate until disposed of.

(2) In the Senate, debate on the joint resolution, and on all debatable motions and

appeals bin connection therewith, shall be limited to not more than 10 hours, which

shall be divided equally between those favoring and those opposing the joint

resolution. A motion further to limit debate is:in order and not debatable. An

amendment toT or a motion to postpone, or a motion tol proceed to the consideration of

other business, or a motion to recommit the joint resolution is not in order.

(3) In the Senate, immediately following the conclusion of the debate on a joint

resolution described in subsection (a), and a single quorum call at the conclusion of

the debate if requested in accordance with the rules of the Senate, the vote on final

passage of the joint resolution shall occur.

Volume 1; Page 8-69
- (4) Appeals from the decisions of the Chair relating to the application of the rules

of the Senate to the procedure relating to a joint resolution described in subsection (a)

shall be decided without debate.,

(e) In the Senate the procedure specified in subsection (c) or (d) shall not apply to the

consideration of a joint resolution respecting a rule-

(1) after the expiration of the 60 session days beginning with the applicable

submission or publication date, or

(2) if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning

on the 15th session day after the succeeding session of Congress first convenes.

(f) If, before the passage by one House of a joint resolution of that House described in

subsection (a), that House receives from the other House a joint resolution described in

subsection (a), then the following procedures shall apply: (•1) The joint resolution of the other House shall not be referred to a committee.

(2) With respect to a joint resolution described in subsection (a) of the Housereceiving the joint resolution-*

(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.

(g) This section is enacted by Congress-

(1) as an exercise of the rulemaking power of the Senate and House of

Representatives, respectively, and as such it is 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 a joint resolution described in subsection (a), and it

supersedes other rules only to the extent that it is inconsistent with such rules; 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.

Sec. 803. Special Rule on Statutory, Regulatory, and Judicial Deadlines.

(a) In the case of any deadline for, relating to, or involving any rule which does not

take effect (or the effectiveness of which is terminated) because of enactment of a joint

resolution under section 802, that deadline is extended until the date 1 year after the date

of enactment of the joint resolution. Nothing in this subsection shall be construed to

affect a deadline merely by reason of the postponement of a rule's effective date under

section 801(a).

(b) The term "deadline" means any date certain for fulfilling any obligation or

exercising any authority established by or under any Federal statute or regulation, or by or

under any court order implementing any Federal statute or regulation.

Sec. 804. Definitions.

For purposes of this Chapter-

(1) The term "Federal agency" means any agency as that term is defined in

section 55 1(1).

(2) The term "major rule" means any rule that the Administrator of the Office of

Information and Regulatory Affairs of the Office of Management and Budget finds

has resulted in or is likely to result in-

(A) an annual effect on the economy of $100,000,000 or more;

(B) a major increase in costs or prices for consumers, individual industries,

Federal, State, or local government agencies, or geographic regions; or:

(C) significant adverse effects on competition, employment, investment,

productivity, innovation, or on the ability of United States-based enterprises to

compete with foreign-based enterprises in domestic and export markets. The term

Volume 1, Page 8-70
does not include any rule promulgated under the Telecommunications Act of 1996

and the amendments made by that Act.

(3) The term "rule" has the meaning given such term in section 551, except that

such term does not include-

(A) any rule of particular applicability; including a rule that approves or

prescribes for the future rates, wages, prices, services, or allowances therefor,

corporate or financial structures, reorganizations, mergers, or acquisitions thereof,

or accounting practices or disclosures bearing on any of the foregoing;

(B) any rule relating to agency management or personnel; or

(C) any rule of agency organization, procedure, or practice that does not

substantially affect the rights or obligations of non-agency parties.

Sec. 805. Judicial Review.

No determination, finding, action, or omission under this chapter shall be subject to

judicial review.

Sec. 806. Applicability; Severability.

(a) This chapter shall apply notwithstanding any other provision of law.

(b) If any provision of this chapter or the application of any provision of this chapter

to any person or circumstance, is held invalid, the application of such provision to other

persons or circumstances, and the remainder of this chapter, shall not be affected thereby.

Sec. 807. Exemption for Monetary Policy.

Nothing in this chapter shall apply to rules that concern monetary policy proposed or

implemented by the Board of Governors of the Federal Reserve System or the Federal

Open Market Committee.

Sec. 808. Effective Date of Certain Rule.

Notwithstanding section 801-.

(1) any rule that establishes, modifies, opens, closes, or conducts a regulatory

program for a commercial, recreational, or subsistence activity related to hunting,

fishing, or camping, or

(2) any rule which an agency for good cause finds (and incorporates the finding

and a brief statement of reasons therefor in the rule issued) that notice and public

procedure thereon are impracticable, unnecessary, or contrary to the public interest,

shall take effect at such time as the Federal agency promulgating the rule determines.

Volume 1, Page 8-71
FEDERAL ADVISORY COMMITTEE ACT, AS AMENDED

TABLE OF CONTENTS

5 USC Appendix 2

Page

Sec. 1. Short Title. .......... ........... 8-73

Sec. 2. Findings and Purpose ............... ............................ 8-73

Sec. 3.' Definitions. ... ...................... ............ 8-73

Sec. 4. Applicability; Restrictions. . .......... ....................... 8-73

Sec. 5. Responsibilities of Congressional Committees; Review;

Guideline...... .................... ............ 8-74

Sec. 6. Responsibilities of the President; Report to Congress; *

Annual Report to Congress; Exclusion.... ................ 8-74

Sec. 7. Responsibilities of the Administrator of General Services;

Committee Management Secretariat, Establishment',"

Review; Recommendations to President and Congress; Agency Cooperation; Performance Guidelines; Uniform

Pay Guidelines; Travel Expenses; Expense Recommendations ....... 8-75

Sex. 8. Responsibilities of Agency Heads; Advisory Committee

Management Officer, Designation. ........................... 8-76

Sec. 9. Establishment and Purpose of Advisory Committees; Publication'

in Federal Register; Charter; Filing; Contents;-Copy.......... 8-76

Sec. 10. Advisory Committee Procedures; Meetings; Notice, Publication

in Federal Register; Regulations; Minutes; Certification;

Annual Report; Federal Officer or Employee; 'Attendance ......... 8-77

Sec. 11. Availability of Transcripts; "Agency Proceeding" ............. ...... 8-78

Sec. 12. Fiscal and Administrative Provisions; Recordkeeping; Audit;

Agency Support Services .... .... ..................... 8-78

Sec. 13. Responsibilities of Library of Congress; Reports and Background

Papers; Depository. ......... * .'....... . ........ 8--78

Sec. 14. Termination of Advisory Committees; Renewal; Continuation ........ 8-78

Sec. 15. Requirements ............................................... 8-79

Sec. 16. Effective Date .............................................. 8-80

Volume 1, Page 8-72
FEDERAL ADVISORY COMMITTEE ACT, AS AMENDED

Public Law 92-463 86 Stat. 770 October 6, 1972

5 USC APPENDIX 2

Sec. 1. Short Title. a

This Act may be cited asthe "Federal Advisory Committee Act." Sec. 2., Findings and Purpose. (a) The Congress finds that there are numerous' committees, boards, commissions, councils, and similar groups which have been established to advise officers and agencies in the executive branch of the Federal Government and that they are frequently a useful and beneficial means of furnishing expert advice, ideas, and diverse opinions to the Federal Government.

(b) The Congress further finds and declares that-

(1) the need for many existing advisory committees has not been adequately reviewed;,

(2) new advisory committees should be established only when they are determined to be essential and their number should be kept to the minimum necessary; (3) advisory committees should be terminated when they are no longer carrying out the purposes for which they were established; (4) standards and uniform procedures should govern the establishment, operation, administration, and duration of advisory committees;

(5) the Congress and the public should be kept informed with respect to the number, purpose, membership, activities, and cost of advisory committees; and (6) the function'of advisory committees should be advisory only, and that all matters under their consideration should be determined, in accordance with law, by the official, agency, or officer involved.

Sec. 3. Definitions.

For the purpose of this Act-

(1) The term "Administrator" means the Administrator of General Services. (2) The term "advisory committee" means any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or "other subgroup thereof (hereafter in this paragraph referred to as "committee"), which is- -

(A) established by statute or reorganization plan, or (B) established or utilized by the President, or

-(C) established or utilized by one or more agencies, in the interest of obtaining advice or recommendations for the President or one or more agencies or officers of the Federal Government.

(3) The term "agency" has the same meaning as in section 551 (1) of title 5, United States Code. . (4) The term '"Presidential advisory committee" means an advisory committee which advises the President.

Sec. 4. Applicability; Restrictions.-

'(a) The provisions of this Act or of any rule, order, or regulation promulgated under this Act shall apply to each advisory committee except to the extent that any Act of Congress establishing any such advisory committee specifically provides otherwise. (b) Nothing in this Act shall be construed to apply to any advisory committee established or utilized by- (1) the Central Intelligence Agency; or

(2) The Federal Reserve System.

Volume 1, Page 8-73
(c) Nothing in this Act shall be construed to apply to any local civic group whose

primary function is that of rendering a public service with respect to a Federal program,

or any State or local committee, council, board, commission, or similar group established

to advise or make recommendations to State or local officials or agencies.

Sec. 5. Responsibilities of Congressional Committees; Review; Guidelines.

(a) In the exercise of its legislative review function, each standing committee of the

Senate and the House of Representatives shall make a continuing review of the activities

of each advisory committee under its jurisdiction to determine whether such advisory

committee should be abolished or merged with any other advisory committee, whether the

responsibilities of such advisory committee should be revised, and whether such advisory

committee performs a necessary function not already being performed. Each such

standing committee shall take appropriate action to obtain the enactment of legislation

necessary to carry out the purpose of this subsection.

(b) In considering legislation establishing, or authorizing the establishment of any

advisory committee, each standing committee ofthe Senate and of the House of

Representatives shall determine, and report such determination to the Senate or to the

House of Representatives, as the case may be, whether the functions of the proposed

advisory committee are being or could be performed by one or more agencies or by an

advisory committee already in existence, or by enlarging the mandate of an existing

advisory committee. Any such legislation shall-

(1) contain a clearly defined purpose for the advisory committee;

(2) require the membership of the advisory committee to be fairly balanced in

terms of the points of view represented and the functions to be performed by the

advisory committee;

(3) contain appiopriate provisions to assure that the advice and recommendations

of the advisory committee will not be inappropriately influenced by the appointing

authority or by any special interest, but will instead be the result of the advisory

committee's independent judgment;

(4) contain provisions dealing with authorization of appropriations, the date for

submission of reports (if any), the duration of the advisory committee, and the

publication of reports and other materials, to the extent that the standing committee

determines the provisions of section 10 of this Act to be inadequate; and , I (5) contain provisions which will assure that the advisory committee will have

adequate staff (either supplied by an agency or employed by it), will be provided

adequate quarters, and will have funds available to meet its other necessary expenses.

(c) To the extent they are applicable, the guidelines set out in subsection (b) of this

section shall be followed by the President, agency heads,'or other Federal officials in

creating an advisory committee.

Sec. 6. Responsibilities of the President; Report to Congress; Annual Report to

Congress; Exclusion.

(a) The President may delegate responsibility for evaluating and taking action, where

appropriate, with respect to all public recommendations made to him by Presidential

advisory committees.

(b) Within one year after a Presidential advisory committee has submitted a public

report to the President, the President or.his delegate shall make a report to the Congress

stating either his proposals for action or his reasons for inaction, with respect to the

recommendations contained in the public report.

(c) The President shall,'not later than December 31 of each year, make an annual

report to the Congress on the activities, status, and changes in the composition of advisory

committees in existence during the preceding fiscal year. The report shall contain the

name of every advisory committee, the date of and authority for its creation, its

termination date or the date it is to make a report, its functions, a reference to the reports

it has submitted, a statement of whether it is an ad hoc or continuing body, the dates of its

Volume 1, Page 8-74
meetings, the names and occupations of its current members, and the total estimated

annual cost to the United States to fund, service, supply, and maintain such committee.

Such report shall include a list of those advisory committees abolished by the President,

and in the case of advisory committees established by statute, a list of those advisory

committees which the President recommends be abolished together with his reasons

therefor. The President shall exclude from this report any information which, in his

judgment, should be withheld for reasons of national security, and he shall include in such

report a statement that such information is excluded.

Sec. 7. Responsibilities of the Administrator of General Services; Committee

Management Secretariat, Establishment; Review; Recommendations to President

and Congress; Agency Cooperation; Performance Guidelines; Uniform Pay

Guidelines; Travel Expenses; Expense Recommendations..

(a) The Administrator shall establish and maintain within the General Services

Administration a Committee Management Secretariat, which shall be responsible for all

matters relating to advisory committees.

(b) The Administrator shall, immediately after October 6, 1972, institute a

comprehensive review of the activities and responsibilities of each advisory committee to

determine-

(1) whether such committee is carrying out its purpose;

(2) whether, consistent with the provisions of applicable statutes, the

responsibilities assigned to it should be revised;

(3) whether it should be merged with other advisory committees; or

(4) whether is" should be abolished.

The Administrator may from time to time request such information as he deems

necessary to carry out his functions under this subsection. Upon the completion of the

Administrator's review he shall make recommendations to the President and to either the

agency head or the Congress with respect to action he believes should be taken.

Thereafter, the Administrator shall carry out a similar review annually. Agency heads

shall cooperate with the Administrator in making the reviews required by this subsection.

(c) The Administrator shall prescribe administrative guidelines and management

controls applicable to advisory committees, and to the maximum extent feasible, provide

advice, assistance, and guidance to advisory committees to improve their performance. In

carrying out his functions under this subsection, the Administrator shall consider the

recommendations of each agency head with respect to means of improving the

performance of advisory committees whose duties are related to such agency.

(d)(1) The Administrator, after study and consultation with the Director of the Office

of Personnel Management, shall establish guidelines with respect to uniform fair rates of

pay for comparable services of members, staffs, and consultants of advisory committees

in a manner which gives appropriate recognition to the responsibilities and qualifications

'required and other relevant factors. Such regulations shall provide that -

(A) no member of any advisory committee or of the staff of any advisory

committee shall receive compensation at a rate in excess of the rate specified for

GS-18 of the General Schedule under section 5332 of title 5, United States Code;

(B) such members, while engaged in the performance of their duties away from

'their homes or regular places of business, may be allowed travel expenses,

including per diem in lieu of subsistence, as authorized by section 5703 of title 5,

United States Code, for persons employed intermittently in the Government

service; and

27

So in original.

Volume 1, Page 8-75
(C) such members- -

.(i) who are blind or deaf or who otherwise qualify as handicapped

individuals (within the meaning of section 501 of the Rehabilitation Act of

1973 (29 USC.794)), and

(ii) who do not otherwise qualify -for assistance under section 3102 of title

5, United States Code, by reason of being an employee of an agency (within

the meaning of section 3102 (a)(1) of such title 5), may be provided services

pursuant to section 3102 of such title 5 while in performance of their advisory

committee duties.

(2) Nothing in this subsection shall prevent-.

(A), an individual who (without regard to his service with an advisorycommittee) is a full-time employee of the United States; or

(B) an individual who immediately before his service with an advisory

committee was such an employee, from receiving compensation at the rate atwhich he otherwise would be compensated (or was compensated) as a full-time

employee of the United States.. . (e) The Administrator shall include in budget recommendations a summary of the

amounts he deems necessary for the expenses of advisory committees, including the

expenses for publication of reports where appropriate.-

Sec. 8. Responsibilities of Agency Heads; Advisory Committee Management

Officer, Designation.

(a) Each agency head shall establish uniform administrative guidelines and

management controls for advisory committees established by that agency, which shall be

consistent with directives of the Administrator under sections 7 and 10. Each agency shall

maintain systematic information on the nature, functions, and operations of each advisory

committee within its jurisdiction.

(b) The head of each agency which has an advisory committee shall designate an

Advisory Committee Management Officer who shall-

(1) exercise control and supervision .over the establishment, procedures, and

accomplishments of advisory committees established by that agency;

(2) assemble and maintain the reports, records, and other papers of any such

committee during its existence; and

(3) carry out, on behalf of that agency, the provisions of section 52 of title 5,

United States Code, with respect to such reports, records, and other papers.

Sec. 9. Establishment and purpose of advisory committees; publication in Federal

Register; Charter; Filing; Contents; Copy.o, .- " - "

(a) No advisory committee shall be established unless-such establishment is-

(1) specifically authorized by statute or by the President; or

(2) determined as a matter of formal record, by the head of the agency involved

after consultation with the Administrator with timely notice published in the Federal

-Register, to be in.the public interest in connection with the performance of duties

imposed on that agency by law. . (b) Unless otherwise specifically provided by statute or Presidential directive,

advisory committees shall be utilized solely for advisory functions. Determinations of

action to be taken and policy to be expressed with respect to matters upon which an

advisory committee reports or makes recommendations shall be made ,solely by the

President or an officer of the Federal Government.

(c) No advisory committee shall meet or take any action until an advisory committee

charter has been filed with (1) the Administrator, in the case of Presidential advisory

committees, or (2) with the head of the agency to whom any advisory committee reports

and with the standing committees of the Senate and of the House of Representatives

having legislative jurisdiction of such agency. Such charter shall contain the following

information:

Volume 1, Page 8-76
(A) the committee's official designation;

(B) the committee's objectives and the scope of its activity;

(C) the period of time necessary for the committee to carry out its purposes;

(D) the agency or official to whom the committee reports;

(E) the agency responsible for providing the necessary support for the

committee;

(F) a description of the duties for which the committee is responsible, and, if

such duties are not solely advisory, a specification of the authority for such

functions;

, (P) the estimated annual operating costs in dollars and man-years for such

committee;

(H) the estimated number and frequency of committee meetings;

(I) the committee's termination date, if less than two years from the date of the

committee's establishment; and

(J) the date the charter is filed.

A copy of any such charter shall also be furnished to the Library of Congress.

See. 10. Advisory Committee Procedures; Meetings; Notice, Publication In Federal

Register; Regulations; Minutes; Certification; Annual Report; Federal Officer or

Employee; Attendance.

(a)(1) Each advisory committee meeting shall be open to the public.

(2) Except when the President determines otherwise for reasons of national

security, timely notice of each such meeting shall be published in the Federal Register,

and the Administrator shall prescribe regulations to provide for other types of public

notice to insure that all interested persons are notified of such meeting prior thereto.

(3) Interested persons shall be permitted to attend, appear before, or file

statements with any advisory committee, subject to such reasonable rules or

regulations as the Administrator may prescribe.

(b) Subject to section 552 of title 5 United States Code, the records, reports,

transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other

documents which were made available to or prepared for or by each advisory committee

shall be available for public inspection and copying at a single location in the offices of

ý_the advisory committee or the agency to which the advisory committee reports until the

advisory committee ceases to exist.

(c) Detailed minutes of each meeting of each advisory committee shall be kept and

shall contain a record of the persons present, a complete and accurate description of

matters discussed and conclusions reached, and copies of all reports received, issued, or

approved by the advisory committee. The accuracy of all minutes shall be certified to by

the chairman of the advisory committee.

(d) Subsections (a)(1) and (a)(3) of this section shall not apply to any portion of an

advisory committee meeting where the President, or the head of the agency to which the

advisory committee reports, determines that'such portion of such meeting may be closed

to the public in accordance with subsection (c) of.section 552b of title 5, United States

Code. Any such determination shall be in writing and shall contain the reasons for such

determination.- If such a determination is made, the advisory committee shall issue a

report at least annually setting forth a summary of its activities and such related matters as

would be informative to the public consistent with the policy of section 552(b) of title 5

United States Code.

(e) There shall be designated an officer or employee of the Federal Government to

chair or attend each meeting of each advisory committee. The officer or employee os

designated is authorized, whenever he determines it to be in the public interest, to adjourn

any such meeting. No advisory committee shall conduct any meeting in the absence of

that officer or employee.

Volume 1, Page 8-77
(f) Advisory committees shall not hold any meetings except at the call of, or with the

advance approval of,ý a designated officer or employee of the Federal Government, and in

the case of advisory committees (other than Presidential advisory committees) with an

agenda approved by such officer or employee. i

Sec. 11 Availability of Transcripts; Agency Proceeding.

(a) Except where prohibited by contractual agreements entered into prior to the

effective date of this Act, agencies and advisory committees shall make available to any

person, at actual cost of duplication, copies of transcripts of agency proceedings or

advisory committee meetings.

(b) As used in this section "agency proceeding" means any proceeding as defined in

section 55 1(12) of title 5, United States Code.

Sec. 12. Fiscal and Administrative Provisions; Recordkeeping; Audit; Agency

Support Services.

(a) Each agency shall keep records as will fully disclose the disposition of any funds

which may be at the disposal of its advisory committees and the nature and extent of their

activities. The General Services Administration, or such other agency as the President

may designate, shall maintain financial records with respect to Presidential advisory

committees. The Comptroller'General of the United States, or any of his authorized

representatives, shall have access, for the purpose of audit and examination, to any such

records.

(b). Eachagency shall be responsible for providing support services for each advisory

committee established by or reporting to it unless the establishing authority provides

otherwise. Where any such advisory committee reports to more than one agency, only

one agency shall be responsible for support services at any one time. In the case of

Presidential advisory committees, such services may be provided by the General Services

Administration.

Sec. 13. Responsibilities of Library of Congress; Reports and Background Papers;

Depository.,

Subject to section 552 of title 5, United States Code, the Administrator shall provide

for the filing with the Library of Congress of at least eight copies of each report made by

every advisory committee and, where appropriate, background papers prepared by

consultants. The Librarian of Congress shall establish a depository for such reports and

papers where they shall be available to public inspection and use.

Sec. 14. Termination of Advisory Committees; Renewal; Continuation. (a)(1) Each advisory committee which is in existence on the effective date of this Act

shall terminate not later than the expiration of the two-year period following such

effective date unless-

(A) in the case of an advisory committee established by the President or an

officer of the Federal Government, such advisory committee is renewed by the

President or that officer by appropriate action prior to the expiration of such

two-year period; or

(B) in the case of an advisory committee established by an Act of Congress, its

duration is otherwise provided for by law.

(2) Each advisory committee established after such effective date shall terminate

not later than the expiration of the two-year period beginning on the date of its

establishment unless-

(A) in the case of an advisory committee established by the President or an

officer of the Federal Government such advisory committee is renewed by the

President or such officer by appropriate action prior to the end of such period; or I (B) inthe case of an advisory committee-established by an Act of Congress, its

duration is otherwise provided for by law.

(b)(1) Upon the renewal of any advisory committee, such advisory committee shall

file a charter in accordance with section 9(c).

Volume 1, Page 8-78
(2) Any advisory committee established by an Act of Congress shall file a charter

in accordance with such section upon the expiration of each successive two-year

period following the date of enactment of the Act establishing such advisory

committee.

(3) No advisory committee required under this subsection to file a charter shall

take any action (other than preparation and filing of such charter) prior to the date on

which such charter is filed.

(c) Any advisory committee which is renewed by the President or any officer of the

Federal Government may be continued only for successive two-year periods by

appropriate action taken by the President or such officer prior to the date on which such

advisory committee would otherwise terminate.

Sec. 15. Requirements.

(a) In General-An agency may not use any advice or recommendation provided by the

National Academy of Sciences or National Academy of Public Administration that was

developed by use of a committee created by that academy under an agreement with an

agency, unless-

(1) the committee was not subject to any actual management or control by an

agency or an officer of the Federal Government;

(2) in the case of a committee created after the date of the enactment of the Federal

Advisory Committee Act Amendments of 1997, the membership of the committee was

appointed in accordance with the requirements described in subsection (b)(1); and

(3) in developing the advice or recommendation, the academy complied with-

(A) subsection (b)(2) through (6), in the case of any advice or

recommendation provided by the National Academy of Sciences; or

(B) subsection (b)(2) and (5), in the case of any advice or

recommendation provided by the National Academy of Public

Administration.

(b) Requirements-The requirements referred to in subsection (a) are as follows:

(1) The Academy shall determine and provide public notice of the names and brief

biographies of individuals that the Academy appoints or intends to appoint to serve on

the committee. The Academy shall determine and provide a reasonable opportunity

for the public to comment on such appointments before they are made or, if the

Academy determines such prior comment is not practicable, in the period immediately

following the appointments. The Academy shall make its best efforts to ensure that

(A) no individual appointed to serve on the committee has a conflict of interest that is

relevant to the functions to be performed, unless such conflict is promptly and

publicly disclosed and the Academy determines that the conflict is unavoidable,

(B) the committee membership is fairly balanced as determined by the Academy to be

appropriate for the functions to be performed, and (C) the final report of the Academy

will be the result of the Academy's independent judgment. The Academy shall require

that individuals that the Academy appoints or intends to appoint to serve on the

committee inform the Academy of the individual's conflicts of interest that are

relevant to the functions to be performed. (2) The Academy shall determine and provide public notice of committee

meetings that will be open to the public.

(3) The Academy shall ensure that meetings of the committee to gather data from

individuals who are not officials, agents, or employees of the Academy are open to the

public, unless the Academy determines that a meeting would disclose matters

described in section 552(b) of title 5, United States Code. The Academy shall make

available to the public, at reasonable charge if appropriate, written materials presented

to the committee by individuals who are not officials, agents, or employees of the

Academy, unless the Academy determines that making material available would

disclose matters described in that section.

Volume 1, Page 8-79
2 (4) The Academyshall make available to the public as soonas practicable, at

reasonable charge if appropriate, a brief summary of any committee meeting that is

not a data gathering meeting, unless the Academy determines that the summary would

disclose matters described in section 552(b) of title 5, United States Code. The

-summary shall identify the committee members present, the topics discussed, materials

made available to the committee,' and such other matters that the Academy determines

should be included.

1 .(5) The Academy shall make available to the public its final report, at reasonable

charge if appropriate, unless the Academy determines that the report would disclose

matters described in section 552(b) of title 5, United States Code. If the Academy

determines that the report would disclose matters described in that section, the

Academy shall make public an abbreviated version of the report that does not disclose

-~-those matters.

(6) After publication of the final report, the Academy shall make publicly -

available the names of the principal reviewers who reviewed the report in draft form

and who are not officials, agents, or employees of the Academy. -

(c) REGULATIONS-The Administrator of General Services may issue regulations

implementing this section.

- (d) EFFECTIVE DATE AND APPLICATION

(1) In General-Except as provided in paragraph (2), this section and the

amendments made by this section shall take effect on the date of the enactment of this

- Act. ,..

(2) Retroactive Effect-Subsection (a) and the amendments made by subsection (a)

shall be effective as of October 6, 1972, except that they shall not apply with respect

to or otherwise affect any particular advice or recommendations that are subject to any

judicial action filed before the date of the enactment of this Act.2'

Sec. 16. Effective Date.

Except as provided in section 7(b), this Act shall become effective upon the expiration

of ninety days following October 6, 1972.

Approved October 6, 1972

2P.L 105-153 (111 Stat. 2689), Dec. 17, 1997 added section M5.

Volume 1, Page 8-80
FEDERAL VACANCIES REFORM ACT OF 1998

TABLE OF CONTENTS

5 USC 3301 note

Page

Sec. 151. Federal Vacancies and Appointments ......................... 8-82

Sec. 3345. Acting Officer ........................................... 8-82

Sec. 3346. Time Limitations................................... 8-83 Sec. 3347. Exclusivity ............................................. 8-83

Sec. 3348. Vacant Office ..................................... ..... 8-84

Sec. 3349. Reporting of Vacancies .................................... 8-85

Sec. 3349a. Presidential Inaugural Transitions ............................ 8-85

Sec. 3349b. Holdover Provisions ...................................... 8-86

Sec. 3349c. Exclusion of Certain Officers ............... ........... 8-86

Sec. 3349d. Notification of Intent to Nominate During Certain

Recesses or Adjournments ............................. 8-86

Subchapter III

Details, Vacancies and Appointments ...................... .8-87

Volume 1, Page 8-81
FEDERAL VACANCIES REFORM ACT OF 1998

Public Law 105-277 112 Stat. 2681-611

Federal Vacancies

Reform Act of

1998. 5 USC 3301

note.

October 21, 1998

OMNIBUS CONSOLIDATION AND EMERGENCY

SUPPLEMENTAL APPROPRIATIONS ACT, 1999

Sec. 151. Federal Vacancies and Appointments. (a) SHORT TITLE.-This section may be cited as the "Federal

Vacancies Reform Act of 1998".

(b) IN GENERAL.-Chapter 33 of title 5, United States Code, is

amended by striking sections 3345 through 3349 and inserting the

following:

Sec. 3345. Acting Officer.

(a) If an officer of an Executive agency (including the Executive

Office of the President, and other than the General Accounting Office)

whose appointment to office is required to be made by the President, by

and with the advice and consent of the Senate, dies, resigns, or is

otherwise unable to perform the functions and duties of the office-

(1) the first assistant to the office of such officer shall perform the

functions and duties of the office temporarily in an acting capacity

subject to the time limitations of section 3346;

(2) notwithstanding paragraph (1), the President (and only the

President) may direct a person who serves in an office for which

appointment is required to be made by the President, by and with the

advice and consent of the Senate, to perform the functions and duties

of the vacant office temporarily in an acting capacity subject to the

time limitations of section 3346; or

(3) notwithstanding paragraph (1), the President (and only the

President) may direct an officer or employee of such Executive agency

to perform the functions and duties of the vacant office temporarily in

an acting capacity, subject to the time limitations of section 3346, if-

(A) during the 365-day period preceding the date of death,

resignation, or beginning of inability to serve of the applicable

officer, the officer or employee served in a position in such agency

for not less than 90 days; and

(B) the rate of pay for the position described under

subparagraph (A) is equal to or greater than the minimum rate of

pay payable for a position at GS-15 of the General Schedule.

(b)(1) Notwithstanding subsection (a)(1), a person may not serve as an

acting officer for an office under this section, if-

(A) during the 365-day period preceding the date of the death,

resignation, or beginning of inability to serve, such person-

(i) did not serve in the position of first assistant to the office

of such officer; or

(ii) served in the position of first assistant to the office of

such officer for less than 90 days; and

(B) the President submits a nomination of such person to the

Senate for appointment to such office.

(2) Paragraph (1) shall not apply to any person ifVolume 1, Page 8-82
(A) such person is serving as the first assistant to the office of

an officer described under subsection (a);

(B) the office of such first assistant is an office for which

appointment is required to be made by the President, by and with

-the advice and consent of the Senate; and

(C) the Senate has approved the appointment of such person to

such office.

(c)(1) Notwithstanding subsection (a)(1), the President (and only

the President) may direct an officer who is nominated by the President

for reappointment for an additional term to the same office in an

Executive department without a break in service, to continue to serve

in that office subject to the time limitations in section 3346, until such

time as the Senate has acted to confirm or reject the nomination,

notwithstanding adjournment sine die.

(2) For purposes of this section and sections 3346, 3347, 3348,

3349, 3349a, and 3349d, the expiration of a term of office is an

inability to perform the functions and duties of such office.

Sec. 3346. Time Limitation.

(a) Except in the case of a vacancy caused by sickness, the person

serving as an acting officer as described under section 3345 may serve in

the office-

(1) for no longer than 210 days beginning on the date the vacancy

occurs; or

(2) subject to subsection (b), once a first or second nomination for

the office is submitted to the Senate, from the date of such nomination

for the period that the nomination is pending in the Senate.

(b)(1) If the first nomination for the office is rejected by the Senate,

withdrawn, or returned to the President by the Senate, the person may

continue to serve as the acting officer for no more than 210 days after

the date of such rejection, withdrawal, or return.

:-(2) Notwithstanding paragraph (1), if a second nomination for the

office is submitted to the Senate after the rejection, withdrawal, or

return of the first nomination, the person serving as the acting officer

may continue to serve-

(A) until the second nomination is confirmed; or

_(B) for no more than 210 days after the second nomination is

rejected, withdrawn, or returned.

(c) If a vacancy occurs during an adjournment of the Congress sine

die, the 210-day period under subsection (a) shall begin on the date that

the Senate first reconvenes.

Sec. 3347. Exclusivity.

(a) Sections 3345 and 3346 are the exclusive means for temporarily

authorizing an acting official to perform the functions and duties of any

office of an Executive agency (including the Executive Office of the

President, and other than the General Accounting Office) for which

appointment is required to be made by the President, by and with the

advice and consent of the Senate, unless-

(1) a statutoryprovision expressly-

(A) authorizes the President, a court, or the head of an

Executive department; to designate an officer or employee to

perform the functions and duties of a specified office

temporarily in an acting capacity; or

Volume 1, Page 8-83
(B) designates an officer or employee to perform the

functions and duties of a specified office temporarily in an

acting capacity; or

(2) the President makes an appointment to fill a vacancy in such

office during the recess of the Senate pursuant to clause 3 of section 2

of Article H of the United States Constitution.

(b) Any statutory provision providing general authority to the head of

an Executive agency (including the Executive Office of the President, and

other than the General Accounting Office) to delegate duties statutorily

vested in that agency head to, or to reassign duties among, officers or

employees of such Executive agency, is not a statutory provision to which

subsection (a)(2) applies.

Sec. 3348. Vacant Office

(a) In this section-

(1) the term 'action' includes any agency action as defined under

section 551(13); and

(2) the term function or duty'means any function or duty of the

applicable office that-

(A)(i) is established by statute; and

(ii) is required by statute to be performed by the applicable

officer (and only that officer); or

(B)(i)(I) is established by regulation; and

(I) is required by such regulation to be performed by

the applicable officer (and only that officer); and

(ii) includes a function or duty to which clause (i) (I) and

(II) applies, and the applicable regulation is in effect at any

time during the 180-day period preceding the date on which the

vacancy occurs.

(b) Unless an officer or employee is performing the functions and

duties in accordance with sections 3345, 3346, and 3347, if an officer of

an Executive agency (including the Executive Office of the President, and

other than the General Accounting Office) whose appointment to office is

required to be made by the President, by and with the advice and consent

of the Senate, dies, resigns, or is otherwise unable to perform the functions

and duties of the office-

(1) the office shall remain vacant; and

(2) in the case of an office other than the office of the head of an

Executive agency (including the Executive Office of the President, and

other than the General Accounting Office), only the head of such

Executive agency may perform any function or duty of such office.

(c) If the last day of any 210-day period under section 3346 is a day on

which the Senate is not in session, the second day the Senate is next in

session and receiving nominations shall be deemed to be the last day of

such period.

(d)(1) An action taken by any person who is not acting under

sections 3345, 3346, or 3347, or as provided by subsection (b), in the

performance of any function or duty of a vacant office to which this

section and sections 3346, 3347, 3349, 3349a, 3349b, and 3349c apply

shall have no force or effect.

(2) An action that has no force or effect under paragraph (1) may

not be ratified.

Volume 1, Page 8-84
(e) This section shall not applyto-w!

(1) the General Counsel of the National Labor Relations Board;

(2) the General Counsel of the Federal Labor Relations Authority;

(3) any Inspector General appointed by the President, by and with

the advice and consent of the Senate; .

(4) any Chief Financial Officer appointed by the President, by and

with the advice and consent of the Senate; or

(5) an office of an Executive agency (including the Executive

Office of the President, and other than the General Accounting Office)

if a statutory provision expressly frohibits the head of the Executive

agency from performing the functions and duties of such office.

Sec. 3349. Reporting of Vacancies.

(a) The head of each Executive agency (including the Executive Office

of the President, and other than the General Accounting Office) shall

submit to the Comptroller General of the United States and to each House

of Congress-

(1) notification of a vacancy in an office to which this section and

sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d

apply and the date such vacancy occurred immediately upon the

occurrence of the vacancy; ' " 1

(2) the name of any person serving in an acting capacity and the

date'such service began immediately upon the designation;

(3) the name of any person nominated to the Senate to fill the

vacancy and the date such nomination is submitted immediately upon

the submission of the nominati6n; and

.(4) the date of a rejection, withdrawal, or return of any nomination

immediately upon such rejection, withdrawal, or return.

(b) If the Comptroller General of the United States makes a

determination that an officer is serving longer than the 210-day period

including the applicable exceptions to such period under section 3346 or

section 3349a, the Comptroller General shall reportsuch determination

immediately to-

(1) the Committee on Governmental Affairs of the Senate;

(2) the Committee on Government Reform and Oversight of the

House of Representatives; . (3) the Committees on Appropriations of the Senate and House of

Representatives;

(4) the appropriate committees ofljurisdiction of the Senate and

House of Representatives;

(5) the President; and ...(6) the Office of Personnel Management.

Sec. 3349a. Presidential Inaugural Transitions.

(a) In this section, the term 'transitional inauguration day' means the

date on which any person swears or affirms the oath of office as President,

if such person is not the President on the date preceding the date of

swearing or affirming such oath of office.

(b) With respect to any vacancy that exists during the 60-day period - beginning on a transitional inauguration day, the 210-day period under

section 3346 or 3348 shall be deemed to begin on the later of the date

occurring- -

.(1) 90 days after such transitional inauguration day; or

(2) 90 days after the date on which the vacancy occurs.

Volume 1, Page 8-85
Sec. 3349b. Holdover Provisions. . Sections 3345 through 3349a shall not be construed to affect any

statute that authorizes a person to continue to serve in any office-

(1) after the expiration of the term for which such person is

appointed; and

(2) until a successor is appointed or a specified period of time has

expired.

Sec. 3349c. Exclusion of Certain Officers.

Sections 3345 through 3349b shall not apply to-

(I) any member who is appointed bythe President, by and with the

advice and consent of the Senate to any board, commission, or similar

entity that-

(A) is composed of multiple members; and

(B) governs an independent establishment or Government

corporation;,

(2) any commissioner of the Federal Energy Regulatory

Commission;

(3) any member of the Surface Transportation Board; or

(4) any judge appointed by the President, by and with the advice

and consent of the Senate,-to a court constituted under article I of the

United States Constitution.

Sec. 3349d. Notification of Intent to Nominate During Certain

Recesses or Adjournments.

(a) The submission to the Senate, during a recess or adjournment of the

Senate in excess of 15 days, of a written notification by the President of

the President's intention to submit a nomination after the recess or

adjournment shall be considered a nomination for purposes of

sections 3345 through 3349c if such notification contains the name of the

proposed nominee and the office for which the person is nominated.

(b) If the President does not submit a nomination of the person named

under subsection (a) within 2 days after the end of such recess or

adjournment, effective after such second day the notification considered a

nomination under subsection (a) shall be treated as a withdrawn

nomination for purposes of sections 3345 through 3349c.

(c) Technical and Conforming Amendment.-

(1) Table of sections.--The table of sections for chapter 33 of

title 5, United States Code, is amended by striking the matter relating

to Subchapter III and inserting the following:

3341. Details; within Executive or military departments.

[3342. Repealed.]

3343. Details; to international organizations.

3344. Details; administrative law judges.

3345. Acting officer.

3346. Time limitation.

3347. Exclusivity.'3348. Vacant office.

3349. Reporting of vacancies.

3349a. Presidential inaugural transitions.

3349b. Holdover provisions relating to certain independent

establishments.

3349c.' Exclusion of certain officers.

3349d. Notification of intent to nominate during certain

recesses or adjournments.".

Volume 1, Page 8-86
5 USC 3345 note.

(2) Subchapter heading.--The Subchapter heading for Subchapter III of chapter 33 of title 5, United States Code, is amended to

read as follows:

Subchapter Ill-DETAILS, VACANCIES,

AND APPOINTMENTS

(d) Effective Date and Application.-

(1) EFFECTIVE DATE.-Subject to paragraph (2), this section

and the amendments made by this section shall take effect 30 days

after the date of enactment of this section.

(2) APPLICATION.-

(A) IN GENERAL.-This section shall apply to any

office that becomes vacant after the effective date of this

section.

(B) IMMEDIATE APPLICATION OF TIME

LIMITATION.-Notwithstanding subparagraph (A), for any

office vacant on the effective date of this section, the time

limitations under section 3346 of title 5, United States Code

(as amended by this section) shall apply to such office. Such

time limitations shall apply as though such office first

became vacant on the effective date of this section. , (C) CERTAIN NOMINATIONS.-If the President

submits to the Senate the nomination of any person after the

effective date of this section for an office for which such

person had been nominated before such date, the next

nomination of such person after such date shall be

considered a first nomination of such person to that office

for purposes of sections 3345 through 3349 and

section 3349d of title 5, United States Code (as amended by

this section).

Volume 1, Page 8-87
TRUTH IN REGULATING ACT OF 2000

TABLE OF CONTENTS

PAGE 5 USC

Sec.

Sec. :. Short Title ............................... 8-89 561

Sec. 2. Findings ................................. 8-89 561

Sec. 3. Negotiated Rulemaking Procedure...... .......... 8-89 561

Sec. 561. Purpose .. .................................. 8-89 561

Sec. 562. Definitions. .............................. 8-90 562

Sec. 563. Determination of Need for Negotiated Rulemaking

Committee. ...... 8-90 563

Sec. 564. Publication of Notice; Applications for Membership

on Committees .............................. 8-91 564

Sec. 565. Establishment of Committee ........ ................ 8-92 565

Sec. 566. Conduct of Committee Activity.................. 8-93 566

Sec. 567. Termination of Committee. .................... 8-94 567

Sec. 568. Services, Facilities, and Payment of Committee Member

Expenses. ............................ 8-94 568

Sec. 569. Encouraging Negotiated Rulemaking...... ........ 8-94 569

Sec. 570. Judicial Review .......... : ............ .......... 8-95 570

Sec. 570a. Authorization of Appropriations ..................... 8-95 570a

Sec. 4. Authorization of Appropriations ...... 8-95 561

Sec. 5. Sunset And Savings Provisions.................. 8-95 561

Volume 1, Page 8-88
TRUTH IN REGULATING ACT OF 2000

Public Law 106-312 114 Stat. 1248

October 17, 2000

An Act

To establish a framework for the conduct of negotiated rulemaking by

Federal agencies.

Negotiated Be it enacted by the Senate and House of Representatives of the

Rulemaking Act of United States OfAmerica in Congress assembled,

1990.

Sec 1. Short Title.

5 USC 561. This -Act may be cited as the "Negotiated Rulemaking Act of 1990."

Sec.' 2. Findings.

5 USC 561. The Congress makes the following findings:

(1) Government regulation has increased substantially since the

enactment of the Administrative Procedure Act.

(2) Agencies currently use rulemaking procedures that may discourage the affected parties from meeting and communicating with

each other, and may cause parties with different interests to assume

conflicting and antagonistic positions and to engage in expensive and

time-consuming litigation over agency rules.,

(3) Adversarial rulemaking deprives the affected parties and the

.public of the benefits of face-to-face negotiations and co-operation in

developing and reaching agreement on a rule. It also deprives them of - the benefits of shared information, knowledge, expertise, and technical

abilities possessed by the affected parties.

(4) Negotiated rulemaking, in which the parties who will be

significantly affected by a rule participate in the development of the

-rule, can provide significant advantages over adversarial rulemaking. (5) Negotiated rulemaking can increase the acceptability and . improve the substance of rules, making it less likely that the affected

parties will resist enforcement or challenge such rules in court. It may

also shorten the'amount of time needed to issue final rules.

(6) Agencies have the authority to establish negotiated rule making

committees under the laws establishing such agencies and their

.activities and under the Federal Advisory Committee Act (5 USC

App.). Several agencies have successfully used negotiated rulemaking.

The process has not been widely used by other agencies, however, in

part because such agencies are unfamiliar with the process or uncertain

as to the authority for such rulemaking.

Sec. 3. Negotiated Rulemaking Procedure.

.(a) IN GENERAL.-Chapter 5 of title 5, United States Code, is

amended by adding at the end the following new Subchapter:

Sec. 561. Purpose.

5 USC 561. ' The purpose of this Subchapter is to establish a framework for the

conduct of negotiated rulemaking, consistent with section 553 of this title,

to encourage agencies to use the process when it enhances the informal

rulemaking process. Nothing in this Subchapter should be construed as an

attempt to limit innovation and experimentation with the negotiated

Volume 1, Page 8-89
rulemaking process or with other innovative rulemaking procedures

otherwise authorized by law.

See. 562. Definitions.

5 USC 562. For the purposes of this Subchapter, the term-

(1) "agency", has the same meaning as in section 551 (1) of this title;

(2) "consensus" means unanimous concurrence among the interests

represented on a negotiated rulemaking committee established under

,this Subchapter, unless such committee-

(A) agrees to define such term to mean a general but not

unanimous concurrence; or

(B) agrees upon another specified definition;

(3) "convener" means a person who impartially assists an agency in

determining whether establishment of a negotiated rulemaking

committee is feasible and appropriate in a particular rulemaking;

(4) "facilitator", means a person who impartially aids in the

discussions and negotiations among the members of a negotiated

rulemaking committee to develop a proposed rule;

(5) "interest" means, with respect to an issue or matter, multiple

parties which have a similar point of view or which are likely to be

affected in a similar manner;

(6) "negotiated rulemaking", means rulemaking through the use of a

negotiated rulemaking committee; ..(7).,negotiated rulemaking committee" or "committee" means an

advisory committee established by an agency in accordance with this

. Subchapter and the Federal Advisory Committee Act to consider and

discuss issues forthe purpose of reaching a consensus in the,

* development of a proposed rule;

"(8) 'party" has the same meaning as in section 551(3) of this title;

(9) ."person" has the same meaning as in section 551(2) of this title;

(10) "rule" has the same meaning as'in section 551(4) of this title;

and

* (11) "rulemaking" means "rulemaking" as that term is defined in

section 551(5) of this title.

See. 563. Determination of Need for Negotiated Rulemaking

Committee.

5 USC 563. (a).DETERMINATION OF NEED BY THE AGENCY.-An agency

may establish a negotiated rulemaking committee to negotiate and develop

a proposed rule, if the head of the agency determines that the use of the

negotiated rulemaking procedure is in the public interest. In making such a

determination,, the head of the agency shall consider whether-

(1) there is a need for a rule;

(2) there are a limited number of identifiable interests that will be

significantly affected by the rule;

(3) there is a reasonable likelihood that a committee can be

convened with a balanced representation of persons whoý (A) can adequately represent the interests identified under

paragraph (2); and

(B) are willing to negotiate in good faith to reach a consensus

on the proposed rule;

(4) there is a reasonable likelihood that a committee will reach a

-consensus on the proposed rule within a fixed period of time;

Volume 1, Page 8-90
(5) the negotiated rulemaking procedure will not unreasonably

delay the notice of proposed rulemaking and the issuance of the final

rule;

," (6).the agency has adequate resources and is willing to commit

such resources, including technical assistance, to the committee; and

(7) the agency, to the maximum extent possible consistent with the

legal obligations of the agency, will use the consensus of the

committee with respect to the proposed rule as the basis for the rule

proposed by the agency for notice and comment.

(b) USE OF CONVENERS.-

(1) PURPOSES OF CONVENERS.-An agency may use the

services of a convener to assist the agency in-

(A) identifying person who will be significantly affected by a

proposed rule, including residents of rural areas; and

(B) conducting discussions with such persons to identify the

issues of concern to such persons, and to ascertain whether the

establishment of a negotiated rulemaking committee is feasible and

appropriate in the particular rulemaking.

Reports. (2) DUTIES OF CONVENERS.-The convener shall report

findings and may make recommendations to the agency. Upon request

of the agency, the convener shall ascertain the names of persons who

are willing and qualified to represent interests that will be significantly

affected by the proposed rule, including residents of rural areas. The

report and any recommendations of the convener shall be made - available to the public upon request. ,

Sec. 564. Publication of Notice; Applications for Membership on

,Committees.

5 USC 564. . (a) PUBLICATION OF NOTICE.-If, after considering the report of a

convener or conducting its own assessment, an agency decides to establish

a negotiated rulemaking committee, the agency shall publish in the Federal

Register, and, as appropriate, in trade or other. specialized publications, a

notice which shall include- . ( 1I) an announcement that the agency intends to establish a

negotiated rulemaking committee to negotiate and develop a proposed rule;

(2) a description of the subject and scope of the rule to be

developed, and the issues to be considered;

(3) a list of the interests which are likely to be significantly affected

by the rule;

(4) a list of the persons proposed to represent such interests and the

person or persons proposed to represent the agency;

(5) a proposed agenda and schedule for completing the work of the

committee, including a target date for publication by the agency of a

proposed rule for notice and comment;

(6) a description of administrative support for the committee to be

provided by the agency, including technical assistance;

(7) a solicitation for comments on the proposal to establish the

committee, and the proposed membership of the negotiated rulemaking

committee; and

(8) an explanation of how a person may apply or nominate another

person for membership on the committee, as provided under

subsection (b).

Volume 1, Page 8-91
(b) APPLICATIONS FOR MEMBERSHIP OR COMMITTEE.-

Persons who will be significantly affected by a proposed rule and who

believe that their interests will not be adequately represented by any

"person specified in a notice under subsection (a)(4) may apply for, or

nominate anotherperson for, membership on the negotiated rulemaking

committee to represent such interests with respect to the proposed rule.

Each application or nomination shall include--

(1) the name of the-applicant or nominee and a description of the

interests such person shall represent;

(2) evidence that the applicant or nominee is authorized to

represent parties related to the interests the person proposes to

represent;

(3) a written commitment that the applicant or nominee shall

actively participate in good faith in the development of the rule under

consideration; and

(4) the reasons that the persons specified in the notice under

subsection (a)(4) do not adequately represent the interests of the

person submitting the application orinomination.

(c) PERIOD FOR SUBMISSION OF COMMENTS AND

APPLICATIONS.-The, agency shall provide for a period of at least

30 calendar days for the submission of comments and applications under

this section.' : :

Sec. 565. Establishment of Committee.

5 USC 565. (a) ESTABLISHMENT.-

(1) DETERMINATION TO ESTABLISH COMMITTEE.-If after

considering comments and applications submitted under section 564,

the agency determines that a negotiated rulemaking committee can

adequately represerit the interests that will be significantly affected by

a proposed rule and that itris feasible and appropriate in the particular

rulemaking, the agency may establish a negotiated rulemaking

committee. In establishing and administering such a committee, the

agency shall comply with the Federal Advisory Committee Act with

respect to such committee, except as otherwise provided in this

Subchapter. NOT T ESTABLIS M

(2) DETERMINATION NOT TO ESTABLISH COMMITIEE.-If

after considering such comments and applications, the agency decides

not to establish a negotiated rulemaking committee, the agency shall

promptly publish notice of such decision and the reasons therefor in

the Federal Register and, as appropriate, in trade or other specialized

publications, a copy of which shall be sent to any person who applied

.,for, or nominated another person for membership on the negotiating

rulemaking committee to represent such interests with respect to the

rproposed rule.

(b) MEMBERSHIP.-The agency shall limit membership on a

negotiated rulemaking committee to 25 members, unless the agency head

determines that a greater number of members is necessary for the

functioning of the committee or to achieve balanced membership. Each

committee shall include at least one person representing the agency.

(c) ADMINISTRATIVE SUPPORT.-The agency shall provide

appropriate administrative support to the negotiated rulemaking

committee, including technical assistance.

Volume 1, Page 8-92
Sec. 566. Conduct of Committee Activity.

5 USC 566. (a) DUTIES OF COMMITTEE.-Each negotiated rulemaking

committee established under this Subchapter shall consider the matter

proposed by the agency for consideration and shall attempt to reach a

consensus concerning a proposed rule with respect to such matter and any

other matter the committee determines is relevant to the proposed rule.

(b) REPRESENTATIVES OF AGENCY ON COMMITTEE.-The

person or persons representing the agency on a negotiated rulemaking

committee shall participate in the deliberations and activities of the

committee with the same rights and responsibilities. as other members of

the committee, and shall be authorized to fully represent the agency in the

discussions and negotiations of the committee.

(c) SELECTING FACILITATOR.-Notwithstanding section 10(e) of

the Federal Advisory Committee Act, an agency may nominate either a

person from the Federal Government or a person from outside the Federal

Government to serve as a facilitator for the negotiations of the committee,

subject to the approval of the committee by consensus. If the committee

does not approve the nominee of the agency for facilitator, the agency shall submit a substitute nomination. If a committee does not approve any

nominee of the agency for facilitator, the committee shall select by

consensus a person to serve as facilitator. A person designated to represent

the agency in substantive issues may not serve as facilitator or otherwise

chair the committee.

(d) DUTIES OF FACILITATOR.-A facilitator approved or selected

by a negotiated rulemaking committee shall-

(1) chair the meetings of the committee in an impartial manner;

(2) impartially assist the members of the committee in conducting

discussions and negotiations; and

(3) manage the keeping of minutes and records as required under

section 10 (b) and (c) of the Federal Advisory Committee Act, except that any personal notes and materials of the facilitator or of the

: members of a committee shall not be subject to section 552 of this title.

(e) COMMITTEE PROCEDURES&-A negotiated rulemaking

committee established under this Subchapter may adopt procedures for the - operation of the committee. No provision of section 553 of this title shall

apply to the procedures of a negotiated rulemaking committee.

(f) REPORT OF COMMITTEE.-If a committee reaches a consensus

on a proposed rule, at the conclusion of negotiations the committee shall

transmit to the agency that established the committee a report containing

the proposed rule. If the committee does not reach a consensus on a

proposed rule, the committee may transmit to the agency a report

specifying any areas in which the committee reached a consensus. The

committee may include in a report any other information,

recommendations, or materials that the committee considers appropriate.

Any committee member may include as an addendum to the report

additional information, recommendations, or materials.

(g) RECORDS OF COMMITTEE.-In addition to the report required

'by subsection (f), a committee shall submit to the agency the records

required under section 10 (b) and (c) of the Federal Advisory Committee

Act.

Volume 1, Page 8-93
Sec. 567. Termination of Committee.

5 USC 567. 1 A negotiated rulemaking committee, shall. terminate upon promulgation

of the final rule under consideration, unless the committee's charter

contains an earlier termination date or the agency, after consulting the

committee, or the committee itself specifies an earlier termination date.

Sec. 568. Services, Facilities, and Payment of Committee Member

Expenses.

5 USC 568. (a) SERVICES OF CONVENERS AND FACILITATORS.-

(1) IN GENERAL.-An agency may employ or enter into contracts

for the services of an individual or organization to serve as a convener

* or facilitator for a negotiated rulemaking committee under this

Subchapter, or may use the services of a Government employee to act

as a convener or a facilitator for such a committee.

(2) DETERMINATION OF CONFLICTING INTERESTS.- An

agency shall determine whether a person under consideration to serve

as a convener or facilitator of a committee under paragraph (1) has any

financial or other interest that would preclude such person from

serving in an impartial and independent manner.

(b) SERVICES AND FACILITIES OF OTHER ENTITIES.- For

purposes of this Subchapter, an agency may use the services and facilities

of other Federal agencies and public and private agencies and

instrumentalities with the consent of such agencies and instrumentalities,

and with or without reimbursement to such agencies and instrumentalities,

and may accept voluntary and uncompensated services without regard to

the pro visions of section 1342 of title 31. The Federal Mediation and

Conciliation Service may provide services and facilities, with or without

reimbursement, to assist agencies under this Subchapter, including

furnishing conveners, facilitators, and training in negotiated rulemaking.

(c) EXPENSES OF COMMITTEE MEMBERS.-Members of a

negotiated rulemaking committee shall be responsible for their own

expenses of participation in such committee, except that an agency may, in

accordance with section 7(d) of the Federal Advisory Committee Act, pay

for a member's reasonable travel and per diem expenses, expenses to

obtain technical assistance, and a reasonable rate of compensation, if-

(1) such member certifies a lack of adequate financial resources to

participate in the committee; and

(2) the agency determines that such member's participation in the

committee is necessary to assure an adequate representation of the

member's interest.

(d) STATUS OF MEMBER AS FEDERAL EMPLOYEE.-A

member's receipt of funds under this section or section 569 shall not

conclusively deter mine for purposes of sections 202 through 209 of

title 18 whether that member is an employee of the United States

Government.

Sec. 569. Encouraging Negotiated Rulemaking.

5 USC 569. (a) The President shall designate an agency or designate or establish an

interagency committee to facilitate and encourage agency use of

negotiated rulemaking. An agency that is considering, planning, or

conducting a negotiated rulemaking may consult with such agency or

committee for information and assistance.

(b) To carry out the purposes of this Subchapter, an agency planning or

conducting a negotiated rulemaking may accept, hold, administer, and

utilize gifts, devises, and bequests of property, both real and personal if

Volume 1, Page 8-94
5 USC 570.

5 USC 561 note.

5 USC 561 note.

that agency's acceptance and use of such gifts, devises, or bequests do not

create a conflict of interest. Gifts and bequests of money and proceeds

from sales of other property received as gifts, devises, or bequests shall be

deposited in the Treasury and shall be disbursed upon the order of the

head of such agency. Property accepted pursuant to this section, and the

proceeds thereof, shall be used as nearly aspossible in accordance with

the terms of the gifts, devises, or bequests.

Sec. 570. Judicial Review.

Any agency action relating to establishing, assisting, or terminating a

negotiated rulemaking committee under this Subchapter shall not be

subject to judicial review. Nothing in this section shall bar judicial review

of a rule if such judicial review is otherwise provided by law. A rule which

is the product of negotiated rulemaking and is subject to judicial review

shall not be accorded any greater deference by a court than a rule which is

the product of other rulemaking procedures.

Sec. 570a. Authorization of Appropriations. There are authorized to be appropriated such sums as may be

necessary to carry out the purposes of this Subchapter.3°

Sec. 4. Authorization of Appropriations. y

In order to carry out this Act and the amendments made by this Act,

there are authorized to be appropriated to the Administrative Conference

of the United States, in addition to amounts authorized by section 596 of

title 5, United States Code, not in excess of $500,000 for each of the fiscal

years 1991, 1992, and 1993.

Sec. 5. Sunset and Savings Provisions.

Subchapter III of chapter 5, United States Code, (enacted as

Subchapter IV of chapter 5 of title 5, United States Code, by section 3 of

this Act and redesignated as Subchapter II of such chapter 5 by

section (3)(a) of the Administrative Procedure Technical Amendments Act

of 1991); and that portion of the table of sections at the beginning of

chapter 5 of title 5, United States Code, relating to Subchapter III, are

repealed, effective 6 years after the date of the enactment of this Act,

except that the provisions of such Subchapter shall continue to apply after

the date of the repeal with respect to then pending negotiated rulemaking

proceedings initiated before the date of repeal which, in the judgment of

the agencies which are convening or have convened such proceedings,

require such continuation, until such negotiated rulemaking proceedings

terminate pursuant to such Subchapter.

9Public Law 101-648, section 3(a), 104 Stat. 4975, November 29, 1990; Public Law 102-354,

section 3(a)(2), (5), 106 Stat. 944, August 26, 1992; Public Law 104-320, section 11(b), 110 Stat. 3873,

October 19, 1996.

"Public Law 104-320, section 1 I(d)(1), 110 Stat. 3874, October 19, 1996, added this section.

Volume 1, Page 8-95
ALTERNATIVE DISPUTE RESOLUTION ACT OF 1998

TABLE OF CONTENTS

PAGE 28 USC

Sec.

Sec. 1.

Sec. 2.

Sec. 3.

'Sec. 4.

Sec. 5.

Sec. 6.

Sec. 7.

Sec. 8.

Sec. 9.

Sec. 10.

Sec. 11.

Sec. 12.

Short Title .................... ............ 8-97

Findings and Declaration of Policy ............. .... 8-97

Alternative Dispute Resolution Processes to be :

Authorized in all District Courts ................. 8-97

Jurisdiction ............................... 8-98

Mediators and Neutral Evaluators ....... ...... 8-99

Actions Referred to Arbitration.................. 8-99

Arbitrators ...... ............ ............ 8-100

Subpoenas . ............. .... ............. .. 8-100

Arbitration Award and Judgment.................... 8-100

Compensation of Arbitrators and Neutrals ........... 8-101

Authorization of Appropriations ................. 8-101

Conforming Amendments ...................... 8-101

Chapter 44-ALTERNATIVE DISPUTE RESOLUTION ............ .............. 8-102

1

651

651

651

651

651

651

651

651

651

651

651

651

F

Volume 1, Page 8-96
ALTERNATIVE DISPUTE RESOLUTION ACT OF 1998

PublicLaw 105-315 112 Stat. 2993

October 30, 1998

28 USC I note. Be it enacted by the Senate and House of Representatives of the

United States ofAmerica in Congress assembled,

Sec. 1. Short Title.

Alternative This Act may be cited as the "Alternative Dispute Resolution Act of

Resolution Act of 1998."

1998. Sec. 2. Findings and Declaration of Policy.

28 USC 651 note. Congress finds that-

(1) alternative dispute resolution, when supported by the bench and

bar, and utilizing properly trained neutrals in a program adequately

administered by the court, has the potential to provide a variety of

benefits, including greater satisfaction of the parties, innovative

methods of resolving disputes, and greater efficiency in achieving

settlements; - -

(2) certain forms of alternative dispute resolution, including

mediation,, early neutral evaluation, nilnitrials,- and voluntary

arbitration, may have potential to reduce the large backlog of cases

now pending in some Federal courts throughout the United States,

thereby allowing the courts to process their remaining cases more

efficiently; and

(3) the continued growth of Federal appellate court-annexed

mediation programs suggests that this form of alternative dispute

resolution can be equally effective in resolving disputes in the Federal

trial courts; therefore, the district courts should consider including

mediation in their local alternative dispute resolution programs.

Sem. 3. Alternative Dispute Resolution Process to be Authorized in all

District Courts.

Section 651 of title 28, United States Code, is amended to read as

follows: . Sec. 651. Authorization of alternative dispute resolution

(a) DEFINITION-For purposes of this chapter, an alternative dispute

resolution process includes any process or procedure, other than

adjudication by a presiding judge, in which a neutral third party participates to assist in the resolution of issues in controversy, through

-processes such as early neutral evaluation, mediation, minitrial, and

arbitration as provided in section 654 through 658.

b (b) AUTHORITY- Each United States district court shall authorize,

by local rule adopted under section 207 1(a), the use of alternative dispute

-resolution processes in all civil actions, including adversary proceedings in

bankruptcy,, in accordance with this chapter, except that the use of

arbitration may be authorized only as provided in section 654. Each

United States district court shall devise and implement its own alternative

dispute resolution program, by local rule adopted under section 207 1(a),

to encourage and promote the use of alternative dispute resolution in its district.

(c) EXISTING ALTERNATIVE DISPUTE RESOLUTION

PROGRAMS- In those courts where an alternative dispute resolution

program is in place on the date of the enactment of the Alternative Dispute

Resolution Act of 1998, the court shall examine the effectiveness of that

Volume 1, Page 8-97
program and adopt such improvements to the program as are consistent

with the provisions and purposes of this chapter.

(d) ADMINISTRATION OF ALTERNATIVE DISPUTE

RESOLUTION PROGRAMS-Each United States district court shall

designate an employee, or a judicial officer, who is knowledgeable in

alternative dispute resolution practices and processes to implement,

administer, oversee, and evaluate the court's alternative dispute resolution

program. Such person may also be responsible for recruiting, screening,

and training attorneys to serve as neutrals and arbitrators in the court's"

alternative dispute resolution program.

(e) TITLE 9 NOT AFFECTED- This chapter shall not affect title 9,

United States Code.

(f) PROGRAM SUPPORT- The Federal Judicial Center and the

Administrative Office of the United States Courts are authorized to assist

the district -courts in the establishment and improvement of alternative

dispute resolution programs by identifying particular practices employed

in successful programs and providing additional assistance as needed and

appropriate.

Sec. 4. Jurisdiction.

Section 652 of title 28, United States Code, is amended to read as

follows:

Sec. 652. Jurisdiction

(a) CONSIDERATION OF ALTERNATIVE DISPUTE

RESOLUTION IN APPROPRIATE CASES-Notwithstanding any

provision of law to the contrary and except as provided in subsections (b)

and (c), each district court shall, by local rule adopted under

section 2071(a),require that litigants in all civil cases consider the use of

an alternative dispute resolution process at an appropriate stage in the

litigation. Each district court shall provide litigants in all civil cases with

at least one alternative dispute resolution process, including, but not

limited to, mediation, early neutral evaluation, minitrial, and arbitration as

authorized in sections 654 through 658. Any district court that elects to

require the use of alternative dispute resolution in certain cases may do so

only with respect to mediation, early neutral evaluation, and, if the parties

consent, arbitration.

(b) ACTIONS EXEMPTED FROM CONSIDERATION OF

ALTERNATIVE DISPUTE RESOLUTION-Each district court may

exempt from the requirements of this section specific cases or categories

of cases in which use of alternative dispute resolution would not be

appropriate. In defining these exemptions, each district court shall consult

with members of the bar, including the United States Attorney for that

district.

(c) AUTHORITY OF THE ATTORNEY GENERAL-Nothing in this

section shall alter or conflict with the authority of the Attorney General to

conduct litigation on behalf of the United States, with the authority of any

Federal agency authorized to conduct litigation in the United States courts,

or with any delegation of litigation authority by the Attorney General.

(d) CONFIDENTIALITY PROVISIONS-Until such time as rules are

adopted under chapter 131 of this title providing for the confidentiality of

alternative dispute resolution processes under this chapter, each district

court shall, by local rule adopted under section 2071(a), provide for the

confidentiality of the alternative dispute resolution processes and to

prohibit disclosure of confidential dispute resolution communications.

Volume 1, Page 8-98
Sec. 5. Mediators and Neutral Evaluators.

Section 653 of title 28, United States Code, is amended to read as

follows:

Sec. 653. Neutrals

(a) PANEL OF NEUTRALS-Each district court that authorizes the

use of alternative dispute resolution processes shall adopt appropriate

processes for making neutrals available for use by the parties for each

category of process offered. Each district court shall promulgate its own

procedures and criteria for the selection of neutrals on its panels.

(b) QUALIFICATIONS AND TRAINING-Each person serving as a

neutral in an alternative dispute resolution process should be qualified and

trained to serve as a neutral in the appropriate alternative dispute

resolution process. For this purpose, the district court may use, among

others, magistrate judges who have been trained to serve as neutrals in

alternative dispute resolution processes, professional neutrals from the

private sector, and persons who have been trained to serve as neutrals in

alternative dispute resolution processes. Until such time as rules are

adopted under chapter 131 of this title relating to the disqualification of

neutrals, each district court shall issue rules under section 207 1(a) relating

to the disqualification of neutrals (including, where appropriate,

disqualification under section 455 of this title, other applicable law, and

professional responsibility standards).

Sec. 6. Actions Referred to Arbitration.

Section 654 of title 28, United States Code, is amended to read as

follows: • Sec. 654. Arbitration

(a) REFERRAL OF ACTIONS TO ARBITRATION-Notwithstanding

any provision of law to the contrary and except as provided in

subsections (a), (b), and (c) of section 652 and subsection (d) of this

section, a district court may allow the referral to arbitration of any civil

action (including any adversary proceeding in bankruptcy) pending before

it when the parties consent, except that referral to arbitration may not be

made where-.

(1) the action is based on an alleged violation of a right secured by

the Constitution of the United States; 1

(2) jurisdiction is based in whole or in part on section 1343 of this

title; or

. (3) the relief sought consists of money damages in an amount

greater than $150,000.

(b) SAFEGUARDS IN CONSENT CASES-Until such time as rules

are adopted under chapter 131 of this title relating to procedures described

in this subsection, the district court shall, by local rule adopted under

section 207 1(a), establish procedures to ensure that any civil action in

which arbitration by consent is allowed under subsection (a)-

(1) consent to arbitration is freely and knowingly obtained; and

(2) no party or attorney is prejudiced for refusing to participate in

arbitration.

(c) PRESUMPTIONS-For purposes of subsection (a)(3), a district

court may presume damages are not in excess of $150,000 unless counsel

certifies that damages exceed such amount. (d) EXISTING PROGRAMS-Nothing in this chapter is deemed to

affect any program in which arbitration is conducted pursuant to

Volume 1, Page 8-99
section IX of the Judicial Improvements and Access to Justice Act (Public

Law 100-702), as amended by section I of Public Law 105-53.

Sec. 7. Arbitrators.

Section 655 of title 28, United States Code, is amended to read as

follows:

Sec. 655. Arbitrators

(a) POWERS OF ARBITRATORS-An arbitrator to whom an action is

referred under section 654 shall have the power, within the judicial district

of the district court which referred the action to arbitration-

(1) to conduct arbitration hearings;

(2) to administer oaths and affirmations; and -

(3) to make awards.

(b) STANDARDS FOR CERTIFICATION-Each district court that

authorizes arbitration shall :establish standards for the certification of

arbitrators and shall certify arbitrators to perform services in accordance

with such standards and this chapter. The, standards shall include

provisions requiring that any arbitrator-

(1) shall take the oath or affirmation described in section 453; and

-(2) shall be subject to the disqualification rules under section 455.

(c) IMMUNITY-All individuals serving as arbitrators in an alternative

dispute resolution program under this chapter are performing

quasi-judicial functions and are entitled to the immunities and protections

that the law accords to 'persons serving in such capacity.

Sec. 8. Subpoenas.

Section 656 of title 28, United States Code, is amended to read as

follows:

Sec. 656. Subpoenas

Rule 45 of the Federal Rules of Civil Procedure (relating to

subpoenas) applies to subpoenas for the attendance of witnesses and the

production of documentary evidence at an arbitration hearing under this

chapter.

Sec. 9. Arbitration Award and Judgment.

Section 657 of title 28, United States Code, is amended to read as

,follows:

Sec. 654. Arbitration award and judgment

(a) FILING AND EFFECT OF ARBITRATION AWARD-An

arbitration award made by an arbitrator under this chapter, along with

proof of service of such award on the other party by the prevailing party or

by the plaintiff, shall be filed promptly after the arbitration hearing is

concluded with the clerk of the district court that referred the case to

arbitration. Such award shall be entered as the judgment of the court after

the time has expired for requesting a trial de novo. The judgment so

entered shall be subject to the same provisions of law and shall have the

same force and effect as a judgment of the court in a civil action, expect

that the judgment shall not be subject to review in any other court by

appeal or otherwise.

(b) SEALING OF ARBITRATION AWARD-The district court shall

provide, by local rule adopted under section 2071(a), that the contents of

any arbitration award made under this chapter shall not be made known to

any judge who might be assigned to the case until the district court has

entered final judgment in the action or the action has-otherwise terminated.

(c) TRIAL DE NOVO OF ARBITRATION AWARDSVolume 1, Page 8-100
-,(1) TIME FOR FILING DEMAND-LWithin 30 days after he filing

of an arbitration award with a district court under subsection (a), any

party may file a written demand for a trial de novo in the district court.

(2) ACTION RESTORED TO COURT DOCKET-Upon a demand

for a trial de novo, the action shall be restored tot he docket of the

court and treated for all purposes as if it had not been referred to

arbitratimn.

(3) EXCLUSION OF EVIDENCE OF ARBITRATION-The court

shall not admit at the trial de novo any evidence that there has been an

arbitration proceeding, the nature or. amount of any award, or any other

matter concerning the conduct of the arbitration proceeding, unless-

(A) the evidence would otherwise be admissible in the court

under the Federal Rules of Evidence; or

(B) the parties have otherwise stipulated.

Sec. 10. Compensation of Arbitrators and Neutrals.

Section 658 of title 28, United States Code, is amended to read as

follows:

Sec. 658. Compensation of arbitrators and neutrals

(a) COMPENSATION-The district court shall, subject to regulations

approved by the Judicial Conference of the United States, establish the

amount of compensation, if any, that each arbitrator or neutral shall

receive for services rendered in each case under this chapter.

(b) TRANSPORTATION ALLOWANCES-Under regulations

prescribed by the Director of the Administrative Office of the United

States Courts, a district court may reimburse arbitrators and other neutrals

for actual transportation expenses necessarily incurred in the performance

of duties under this chapter.

Sec. 11. Authorization of Appropriations.

There are authorized to be appropriated for each fiscal year such sums

as may be necessary to carry out chapter 44 of title 28, United States

Code, as amended by this Act.

Sec. 12. Conforming Amendments.

(a) LIMITATION ON MONEY DAMAGES-Section 901 of the

Judicial Improvements and Access to Justice Act (28 USC 652 note), is

amended by striking subsection (c).

(b) OTHER CONFORMING AMENDMENTS-

(1) The chapter heading for chapter 44 of title 28, United States

Code, is amended to read as follows:

Regulations.

28 USC 651 note.

Volume 1, Page 8-101
Chapter 44-ALTERNATIVE DISPUTE RESOLUTION

(2) The table of contents for chapter 44 of title 28, United States Code,

is amended to read as follows:

Sec.

651. Authorization of alternative dispute resolution.

652. Jurisdiction.

653. Neutrals.

654., Arbitration.

655.- Arbitrators.

:656. Subpoenas. ,

657. Arbitration award and judgment. -

658. Compensation of arbitrators and neutrals.

(3) The item relating to chapter 44 in the table of chapters for Part III

of title 28, United States Code, is amended to read as follows:

44. Alternative Dispute Resolution ........................ 651.

Approved October 30, 1998

Volume 1, Page 8-102
I

FEDERAL CIVIL PENALTIES INFLATION ADJUSTMENT ACT

OF 1990, AS AMENDED

TABLE OF CONTENTS

28 USC 2461

Page

TITLE III Chapter 10

Sec. 1. Short Title ....................................... 8-104

Sec. 2. Findings and Purpose ................................ 8-104

Sec. 3. Definitions ...................... .... ............. 8-104

Sec. 4. Civil Monetary Penalty Inflation AdjustmentReports...........8-105

Sec. 5. Cost-of-living Adjustments of Civil Monetary Penalties ............ 8-105

Sec. 6. Annual Report,,- ... ..................................... 8-105

Volume 1, Page 8-103
FEDERAL CIVIL PENALTIES INFLATION ADJUSTMENT

: ý ! :ACT OF 1990, AS AMENDED

Public Law 101-410 104 Stat. 890

Federal Civil

Penalties Inflation

Adjustment Act of

1990.

28 USC 2461 note.

28 USC 2461 note.

28 USC 2461 note.

October 5, 1990

Title HI Chapter 10

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 "Federal Civil Penalties Inflation

Adjustment Act of 1990."

Sec. 2. Findings and'Purpose.

(a) FINDINGS.

The Congress finds that-

(I) the power of.Federal agencies to impose civil' nonetary penalties for violations of Federal law and regulatiOns plays an

important role in deterring violations and furthering the policy goals

embodied in such laws and regulations;

(2) the impact of many civil monetary penalties has been and is

diminished due to the effect of inflation;

(3) by reducing the impact of civil monetary penalties, inflation has

weakened the deterrent effect of such penalties; and

(4) the Federal Government does not maintain comprehensive,

detailed accounting of the efforts of Federal agencies to assess and

collect civil monetary penalties.

(b) PURPOSE.-The purpose of this Act is to establish a mechanism

that shall-

(1) allow for regular adjustment for inflation of civil monetary

penalties;

(2) maintain the deterrent effect of civil monetary penalties and

promote compliance with the law; and

(3) improve the collection by the Federal Government of civil

monetary penalties.

Sec. 3. Definitions.

For purposes of this Act, the term-

(1) "agency" means an Executive agency as defined under

section 105 of title 5, United States Code, and includes the United

States Postal Service;

(2) "civil monetary penalty" means any penalty, fine, or other

sanction that-

(A)(i) is for a specific monetary amount as provided by Federal

law; or

(ii) has a maximum amount provided for by Federal law;

and

(B) is assessed or enforced by an agency pursuant to Federal

law; and

(C) is assessed or enforced pursuant to an administrative

proceeding or a civil action in the Federal courts; and

(3) "Consumer Price Index" means the Consumer Price Index for

all-urban consumers published by the Department of Labor.

Volume 1, Page 8-104
Regulations.

Federal Register,

Publication.

28 USC 2461 note.

Sec. 4. Civil Monetary Penalty Inflation Adjustment Reports.

The head of each agency shall, not later than 180 days after the date of

enactment of the Debt Collection Improvement Act of 1996, and at least

once every 4 years thereafter-

(1) by regulation adjust each civil monetary penalty provided by

law within the jurisdiction of the Federal agency, except for any

penalty (including any addition to tax and additional amount) under

the Internal Revenue Code of 1986, the Tariff Act of 1930, the

Occupational Safety and Health Act of 1970, or the Social Security

Act, by the inflation adjustment described under section 5 of this Act;

and

(2) publish each such regulation in the Federal Register.

Sec. 5. Cost-of-Living Adjustments of Civil Monetary Penalties.

(a) ADJUSTMENT.-The inflation adjustment described under

section 4 shall be determined by increasing the maximum civil monetary

penalty or the range of minimum and maximum civil monetary penalties,

as applicable, for each civil monetary penalty by the cost-of-living

adjustment. Any increase determined under this subsection shall be

rounded to the nearest-

(1) multiple of $10 in the case of penalties less than or equal to

$100;

(2) multiple of $100 in the case of penalties greater than $100 but

less than or equal to $1,000;

(3) multiple of $1,000 in the case of penalties greater than $1,000

but less than or equal to $10,000;

(4) multiple of $5,000 in the case of penalties greater than $10,000

but less than or equal to $100,000;

(5) multiple of $10,000 in the case of penalties greater than

$100,000 but less than or equal to $200,000; and

(6) multiple of $25,000 in the case of penalties greater than

$200,000.

(b) DEFINITION.-For purposes of subsection (a), the term "cost-of-living adjustment" means the percentage (if any) for each civil

monetary penalty by which-

(1) the Consumer Price Index for the month of June of the calendar

year preceding the adjustment, exceeds

(2) the Consumer Price Index for the month of June of the calendar

year in which the amount of such civil monetary penalty was last set or

adjusted pursuant to law.

See. 6. Annual Report. Any increase under this Act in a civil monetary penalty shall apply

only to violations which occur after the date the increase takes effect.12

Approved October 5, 1990

"

1

Public Law 105-362 (112 (Stat. 3293), Nov. 10, 1998, struck section 6 and redesignated section 7 as

section 6.

32Public Law 104-134, title 1Il, Ch 10, section 31001(sX2), 110 Stat. 1321-373 (effective on enactment as provided by section 31001 (aX2XA) of such Act, which appears as 31 USCS section 3322 note), provides: The first adjustment of a civil monetary penalty made pursuant to the amendment made by paragraph (1)

[amending sections 4 and 5(a) and adding section 7 of Act Oct. 5, 1990, Public Law 101-410, which appears as a note to this section] may not exceed 10 percent of such penalty.

Volume 1, Page 8-105

I

MISCELLANEOUS

TABLE OF CONTENTS

USC SEC. Page

1. ANTITERRORISM AND HOMELAND SECURITY

0 (Public Law 107-56)

Uniting and Strengthening America by Providing

Appropriate Tools Required to Intercept and Obstruct

Terrorism(USA Patriot Act) Act of 2001

Sec. 808. Definition of Federal Crime of

Terrorism .......................... 22 USC 7211 ..... 9-6

HOMELAND SECURITY

0 (Public Law 107-107)

National Defense Authorization Fiscal Year 2002

Sec. 1511. Study and Report on the Role of the

Department of Defense with Respect to

Homeland security .................................... 9-7

Sec. 3154. Annual Assessment and Report on

Vulnerability of Department of Energy

Facilities to Terrorist Attack ............ 42 USC 7270c .... 9-9

2. INTELLIGENCE REFORM AND TERRORISM

PREVENTION ACT OF 2004

* (Public Law 108-458)

Criminal History Background Checks

Sec. 6401. Protect Act ...................... ................ 9-10

Sec. 6402. Reviews of Criminal Records of Applicants

for Private Security Officer Employment 28 USC 534, Note 9-10

Sec. 6403. Criminal History Background Checks .................... 9-13

Subtitle F-Grand Jury Information Sharing

Sec. 6501. Grand Jury Information Sharing........................ 9-15

Sec.6702. Hoaxes and Recovery Costs ........ :. ................ 9-16

Sec. 6703. Obstruction of Justice and False Statements

in Terrorism Cases ................................... 9-17

Sec. 6704 Clarification of Definition .......................... 9-17

Volume 1, Page 9-1
USC SEC. Page

Sec. 6803. Participation in Nuclear and Weapons

of Mass Destruction Threats to the

United States .................... 9-18

Sec. 6905. Radiological Dispersal Devices ........ 9-18

3. DOE WORKERS COMPENSATION

0 (Public Law 106-398)

National Defense Authorization Fiscal Year 2001,

Sec. 3611. Establishment of Energy Employees

Occupational Illness Compensation

Program ..................... ... 9-20

Sec. 3612. Establishment of Energy Employees,

Occupational Illness Compensation Fund .................. 9-20

Sec. 3613. Legislative Proposal ......................... 9-21

Sec. 3614. Authorization of Appropriations ......................... 9-21

Subtitle B-Program Administration

Sec. 3621. Definitions for Program Administration ................... 9-21

Sec. 3622. Expansion of List of Beryllium Vendors ................. 9-25

Sec. 3623. Exposure in the Performance of Duty ,.. ............ 9-25

Sec. 3624. Advisory Board on Radiation and Worker .:

Health ...................................... 9-27

Sec. 3625. Responsibilities of Secretary of Health and

Human Services ..................................... 9-27

Sec. 3626. Designation of Additional Members of

Special Exposure Cohort . ............................. 9-27

Sec. 3627. Separate Treatment of Chronic Silicosis ................. 9-28

Sec. 3628. Compensation and Benefits tobe Provided .............. 9-29

Sec. 3629. Medical Benefits ................ .............. 9-30

Sec. 3630. Separate Treatment of Certain Uranium

Employees .................................... 9-30

Volume 1, Page 9-2
USC SEC.

Sec. 3631. Assistance for Claimants and Potential

Claim ants ............................. ..............

Subtitle C-Treatment, Coordination, and Forfeiture of Compensation

and Benefits

Sec. 3641. Offset for Certain Payments .. .......................

Sec. 3642. Subrogation of the United States. ......................

Sec. 3643. Payment in Full Settlement of Claims .....................

Sec. 3644. Exclusivity of Remedy Against the United

States and Against Contractors and

Subcontractors ..... ................. . ..... ........

Sec. 3645. Election of Remedy for Beryllium Employees

and Atomic Weapons Employees .........................

Sec. 3646. Certification of Treatment of Payments Under Other Laws ....................... .. ............

Sec. 3647. Claims Not Assignable or Transferable;

Choice of Remedies ...................................

Sec. 3648. Attorney Fees .......................................

Sec. 3649. Certain Claims Not Affected by Awards

of Damages ..................... .............

Sec. 3650. Forfeiture of Benefits by Convicted Felons ................

Sec. 3651. Coordination with Other Federal Radiation

Compensation Laws ..................................

Subtitle D-Assistance in State Workers' Compensation Proceedings

Sec. 3661.' Agreements with States ....... ....... ............

Page

9-31

9-32

9-32

9-32

9-32

9-33

9-33

9-33

9-34

9-34

9-34

9-34

9-35

4. TRITIUM (Public Law 106-65)

National Defense Authorization Act for Fiscal -Year 2000 ,

Sec. 3134. Procedures for Meeting Tritium

Production Requirements ....... ..... ............. 9-37

Volume 1, Page 9-3
USC SEC. Page

5. MOX FUEL (Public Law 105-261)

Strom Thurmond National Defense Authorization

Act for Fiscal Year 1999

Sec. 3134. Licensing of Certain Mixed Oxide Fuel

Fabrication and Irradiation Facilities . 42 USC 5842 .... 9-37

Sec. 3155 Public Law 107-107

Disposition of Surplus Defense Plutonium

at Savannah River Site, Aiken, South

Carolina ....................... 50 USC 3201 .... 9-38

6. MISCELLSNEOUS NUCLEAR DOE PROVISIONS,

ENACTED BY PUBLIC LAW 109-58, THE ENERGY

POLICY ACT OF 2005 (Public Law 109-58)

Sec. 628. Decommissioning Pilot Program ......................... 9-39

Sec. 634. Demonstration Hydrogen Production at

Existing Nuclear Power Plants .......... 42 USC 16011 ... 9-40

Sec. 635. Prohibition on Assumption by United

States Government of Liability for

Certain Foreign Incidents .............. 42 USC 16012 ... 9-40

Sec. 636. Authorization of Appropriations ......... 42 USC 16013 .. , 9-40

Sec. 638. Standby Support for Certain Nuclear

Plant Delays ........................ 42 USC 16014 ... 9-41

Subtitle C-Next Generation Nuclear Plant Project

Sec. 641. Project Establishment ................. 42 USC 16021 ... 9-43

Sec. 642. Project Management ............... 42 USC 16022 ... 9-43

Sec. 643. Project Organization ............... 42 USC 16023 ... 9-44

Sec. 644. Nuclear Regulatory Commission ........ 42 USC 16024 ... 9-46

Sec. 645. Project Timelines and Authorization

of Appropriations .................... 42 USC 16025 ... 9-47

Sec. 657. Department of Homeland Security

Consultation ......................... 42 USC 16042 ... 9-48

Volume 1, Page 9-4
USC SEC. Page

Sec. 951. Nuclear Energy .................. .... 42 USC 16271 ... 9-48

Sec. 952. Nuclear Energy Research Programs ...... 42 USC 16272 ... 9-49

Sec. 953. Advanced Fuel Cycle Initiative .......... 42 USC 16273 ... 9-50

Sec. 954. University Nuclear Science and

Engineering Support .............. ... 42 USC 16274 ... 9-50

Sec. 955. Department of Energy Civilian Nuclear

Infrastructure and Facilities ............. 42 USC 16275 ... 9-51

Sec. 956. Security of Nuclear Facilities ........... 42 USC 16276 ... 9-52

Sec. 957. Alternatives to Industrial Radioactive

Sources.... ........................ 42 USC 16277 ... 9-52

NOTE:

APPROPRIATIONS LAWS ARE IN VOLUME 2

THE FOLLOWING ITEM #7 IS A TEMPORARY POSTING

AND WILL HE MOVED TO VOLUME 2 AT ITS

NEXT PUBLICATION

7. ENERGY & WATER DEVELOPMENT APPROPRIATIONS ACT, 2006

(Public Law 109-103)

Title IV. Independent Agencies .............. 42 USC 2214 .... 9-53

Nuclear Regulatory commission .................... 9-53

Office of Inspector General ....................... 9-54

Volume 1, Page 9-5
1. UNITING AND STRENGTHENING AMERICA

BY PROVIDING APPROPRIATE TOOLS

REQUIRED TO INTERCEPT AND OBSTRUCT

TERRORISM (USA PATRIOT ACT) ACT OF 2001

Public Law 107-56 115 Stat. 379

October 26, 2001

An Act

To deter and punish terrorist acts in the United States and around the

world, to enhance law enforcement investigatory tools, and for other

purposes.

22 USC 7211.

Sec. 808. Definition of Federal Crime of Terrorism.

Section 2332b of title 18, United States Code, is amended-

(1) in subsection (f), by inserting "and any violation of

section 351(e), 844(e), 844(f)(1), 956(b), 1361, 1366(b), 1366(c),

1751(e), 2152, or 2156 of this title," before "and the Secretary"; and

(2) in subsection (g)(5)(B), by striking clauses (i) through (iii) and

inserting the following: "(i) section 32 (relating to destruction of aircraft or aircraft

facilities), 37 (relating to violence at international airports), 81

(relating to arson within special maritime and territorial

jurisdiction), 175 or 175b (relating to biological weapons), 229

(relating to chemical weapons), subsection (a), (b), (c), or (d) of

section 351 (relating to congressional, cabinet, and Supreme Court

assassination and kidnaping),'831 (relating to nuclear materials),

842(m) or (n) (relating to plastic explosives), 844(f)(2) or (3)

(relating to arson and bombing of Government property risking or

causing death), 844(i) (relating to arson and bombing of property

used in interstate commerce), 930(c) (relating to killing or

attempted killing during an attack on a Federal facility with a

dangerous weapon), 956(a)(1) (relating to conspiracy to murder,

kidnap, or maim persons abroad), 1030(a)(1) (relating to protection

of computers), 1030(a)(5)(A)(i) resulting in damage as defined in

1030(a)(5)(B)(ii) through (v) (relating to protection of computers),

1114 (relating to killing or attempted killing of officers and

employees of the United States), 1116 (relating to murder or

manslaughter of foreign officials, official guests, or internationally

protected persons), 1203 (relating to hostage taking), 1362

(relating to destruction of communication lines, stations, or

systems), 1363 (relating to injury to buildings or property within

special maritime and territorial jurisdiction of the United States),

1366(a) (relating to destruction of an energy facility), 175 l(a), (b),

(c), or (d) (relating to Presidential and Presidential staff

assassination and kidnaping), 1992 (relating to wrecking trains),

1993 (relating to terrorist attacks and other acts of violence against

mass transportation systems), 2155 (relating to destruction of

national defense materials, premises, or utilities), 2280 (relating to

violence against maritime navigation), 2281 (relating to violence

Volume 1, Page 9-6
against maritime fixed platforms), 2332 (relating to certain

homicides and other violence against United States nationals

occurring outside of the United States), 2332a (relating to use of

weapons of mass destruction), 2332b (relating to acts of terrorism

transcending national boundaries), 2339 (relating to harboring -terrorists), 2339A (relating to providing material support to

terrorists), 2339B (relating to providing material support to

terrorist organizations), or 2340A (relating to torture) of this title; (ii) section 236 (relating to sabotage of nuclear facilities or

fuel) of the Atomic Energy Act of 1954 (42 USC 2284); or

(iii) section 46502 (relating to aircraft piracy), the second

sentence of section 46504 (relating to assault on a flight crew with

a dangerous~weapon), section 46505(b)(3) or (c) (relating to

explosive or incendiary devices,or endangerment of human life by

means of weapons, on aircraft), section 46506 if homicide or

attempted homicide is involved (relating to application of certain

criminal laws to acts on aircraft), or section 60123(b) (relating to

destruction of interstate gas or hazardous liquid pipeline facility) of

title 49.,

NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2002

Public Law 107-107 115 Stat. 1271

December 28, 2001

An Act

To authorize appropriations for fiscal year 2002 for military activities of

the Department of Defense, for military construction, and for defense

activities of the Department of Energy, to prescribe personnel strengths for such fiscal yearfor the Armed Forces, and for other purposes.

SUBTITLE B--POLICY MATTERS RELATING TO

"..COMBATING TERRORISM

Sec. 1511. Study And Report on The Role of The Department of

Defense With Respect to Homeland Security. (a) STUDY REQUIRED.-The Secretary of Defense shall conduct a

study on the appropriate role of the Department of Defense with respect to

homeland security. The study shall identify and describe the policies, plans, and procedures of the Department of Defense for combating terrorism, including for the provision of support for the consequence

management activities of other Federal, State, and local agencies. The

study shall specifically identify the following: (1) The strategy, roles, and responsibilities of the Department of

Defense for combating terrorism.

:(2) How the Department of Defense will interact with the Office of Homeland Security and how intelligence sharing efforts of the

Volume 1, Page 9-7
Department of Defense will be organized relative to other Federal

agencies and departments and State and local governments. . (3) The ability of the Department of Defense to protect the United

States from airborne threats, including threats originating from within

the borders of the United States.

(4) Improvements that could be made to enhance the security of the

people of the United States against terrorist threats and recommended

actions (including legislative action) and programs to address and

ýovercome existing vulnerabilities.

(5) The policies, plans, and procedures relating to how the civilian

official in the Department of Defense responsible for combating

terrorism and the Joint Task Force Civil Support of the Joint Forces

Command will coordinate the performance of functions for combating

terrorism with-

(A) teams in the Department of Defense that have

responsibilities for responding to acts or threats of terrorism,

including-

(i) weapons of mass destruction civil support teams when

operating as the National Guard under the command of the

Governor of a State, the Governor of Puerto Rico, or the

Commanding General of the District of Columbia National

Guard;

(ii) weapons of mass destruction civil support teams when

operating as the Army National Guard of the United States or

the Air National Guard of the United States under the command

of the President;

(iii) teams in the departments and agencies of the Federal

Government other than the Department of Defense that have

responsibilities for responding to acts or threats of terrorism;

(iv) organizations outside the Federal Government,

including any State, local and private entities, that function as

first responders to acts or threats of terrorism; and

(v) units and organizations of the Reserve Components of

the Armed Forces that have missions relating to combating

terrorism;

(B) the Director of Military Support of the Department of the

Army;

(C) any preparedness plans to combat terrorism that are

developed for installations of the Department of Defense by the

commanders of the installations and the integration of those plans

with the plans of the teams and organizations described in

subparagraph (A);

(D) the policies, plans and procedures for using and

coordinating the integrated vulnerability assessment teams of the

Joint Staff inside and outside the United States; and

(E) the missions of Fort Leonard Wood and other installations

for training units, weapons of mass destruction civil support teams

and other teams, and individuals in combating terrorism.

(6) The appropriate number and missions of the teams referred to

in paragraph (5)(A)(i). ., I . I ý

(7) How the Department of Defense Weapons of Mass Destruction

Civil Support Teams should interact with the Federal Bureau of

Volume 1, Page 9-8
Deadline.

42 USC 7270c.

Deadline.

Investigation and the Federal Emergency Management Agency during

crisis response and consequence management situations.

(b) REPORT.-Not later than 180 days after the date of the enactment

of this Act, the Secretary shall submit to Congress a report including the

findings of the study conducted under subsection (a).

Sec. 3154. Annual Assessment And Report on Vulnerability of

Department of Energy Facilities to Terrorist Attack.

(a) IN GENERAL.-Part C of title VI of the Department of Energy

Organization Act (42 U.S.C. 7251 et seq.) is amended by adding at the

end the following new section:

Sec. 663.

(a) The Secretary shall, on an annual basis, conduct a

comprehensive assessment of the vulnerability of Department facilities

to terrorist attack.

(b) Not later than January 31 each year, the Secretary shall submit

to Congress a report on the assessment conducted under subsection (a)

during the preceding year. Each report shall include the results of the

assessment covered by such report, together with such findings and

recommendations as the Secretary considers appropriate.".

(b) CLERICAL AMENDMENT.-The table of sections at the

beginning of that Act is amended by inserting after the item relating to

section 662 the following new item:

Sec. 663. Annual assessment and report on vulnerability of

facilities to terrorist attack.

Volume 1, Page 9-9
2. INTELLIGENCE REFORM AND TERRORISM .... PREVENTION ACT OF 2004

Public Law 108-458 118 Stat. 3755

42 USC 5119a

note.

Private Security

Officer

Employment

Authorization Act

of 2004. 28 USC

534 note.

December 17,2004

SUBTITLE E-CRIMINAL HISTORY BACKGROUND

CHECKS

Sec. 6401. Protect Act.

Public Law 108-21 is amended-

(1) in section 108(a)(2)(A) by striking "an 18 month" and inserting "a

30-month"; and

'(2) in section 108(a)(3)(A) by striking "an 18-month" and inserting "a

30-month".'

Sec. 6402. Reviews of Criminal Records of Applicants for Private

Security Officer Employment. (a) SHORT TITLE.-This section may be cited as the "Private

Security Officer Employment Authorization Act of 2004".

(b) FINDINGS.-Congress finds that-

(1) employment of private securityofficers in the United States is

growing rapidly;

(2) private security officers function as'an adjunct to, but not a

replacement for, public law enforcement by helping to reduce and

prevent crime;

(3) such private security officers protect individuals, property, and

proprietary information, and provide protection to such diverse

operations as banks, hospitals, research and development centers,

manufacturing facilities, defense and aerospace contractors, high

technology businesses, nuclear power plants, chemical companies, oil

and gas refineries, airports, communication facilities and operations,

office complexes, schools, residential properties, apartment

complexes, gated communities, and others;

(4) sworn law enforcement officers provide significant services to

the citizens of the United States in its public areas, and are

supplemented by private security officers;

(5) the threat of additional terrorist attacks requires cooperation

between public and private sectors and demands professional, reliable,

and responsible security officers for the protection of people, facilities,

and institutions;

(6) the trend in the Nation toward growth in such security services

has accelerated rapidly;

(7) such growth makes available more public sector law

enforcement officers to combat serious and violent crimes, including

terrorism;

(8) the American public deserves the employment of qualified,

well-trained private security personnel as an adjunct to sworn law

enforcement officers; and

(9) private security officers and applicants for private security

officer positions should be thoroughly screened and trained.

Volume 1, Page 9-10
(c) DEFINITIONS.-In this section: . - (1) EMPLOYEE.-The term "employee" includes both a current

employee and an applicant for employment as a private security

officer.

(2) AUTHORIZED EMPLOYER.-The term "authorized

employer" means any person that-

(A) employs private security officers; and

(B) is authorized by regulations promulgated by the Attorney

General to request a criminal history record information search of

an employee through a State identification bureau pursuant to this

section.

,(3) PRIVATE SECURITY OFFICER.-The term "private security

officer"- ! (A) means an individual other than an employee of a Federal,

State, or local government, whose primary duty is to perform

security services, full or part time, for consideration, whether

armed or unarmed and in uniform or plain clothes (except for

services excluded from-coverage under this Act if the Attorney

General determines by regulation that such exclusion would serve

the public interest); but

(B) does not include-

(i) employees whose duties are primarily internal audit or

credit functions;,

(ii) employees of electronic security system companies

acting as technicians or monitors; or

(iii) employees whose duties primarily involve the secure

movement of prisoners.

(4) SECURITY SERVICES.-The term "security services" means

acts to protect people or property as defined by regulations

promulgated by the Attorney General.

(5) STATE IDENTIFICATION BUREAU.-The term "State

identification bureau" means the State entity designated by the

Attorney General for the submission and receipt of criminal history record information.

(d) CRIMINAL HISTORY RECORD INFORMATION SEARCH.-

(1) IN GENERAL.-

(A) SUBMISSION OF FINGERPRINTS.-An authorized

employer may submit to the State identification bureau of a

participating State, fingerprints or other means of positive

identification, as determined by the Attorney General, of an

employee of such employer for purposes of a criminal history

record information search pursuant to this Act.

(B) EMPLOYEE RIGHTS.-, ,

(i) PERMISSION.-An authorized employer shall obtain

written consent from an employee to submit to the State

identification bureau of the participating State the request to

search the criminal history record information of the employee

under this Act. . I ... : -.,- - : .- I (ii) ACCESS.-An authorized employer shall provide to the

employee confidential access to any information relating to the

employee received by the authorized employer pursuant to this

Act.

Volume 1, Page 9-11
(C) PROVIDING INFORMATION TO THE STATE

IDENTIFICATION BUREAU.-Upon receipt of a request for a

criminal history record information search from an authorized

employer pursuant to this Act, submitted through the State

identification bureau of a participating State, the Attorney General

shall-

(i) search the appropriate records of the Criminal Justice

Information Services Division of the Federal Bureau of

Investigation; and

(ii) promptly provide any resulting identification and

criminal history record information to the submitting State

identification bureau requesting the information.

(D) USE OF INFORMATION.-

(i) IN GENERAL.-Upon receipt of the criminal history record information from the Attorney General by the State

identification bureau, the information shall be used only as

provided in clause (ii).

(ii) TERMS.-In the case ofNotification. (I) a participating State that has no State standards for

qualification to be a private security officer, the State shall

notify an authorized employer as to the fact of whether an

employee has been-

(aa) convicted of a felony, an offense involving

dishonesty or a false statement if the conviction

occurred during the previous 10 years, or an offense

involving the use or attempted use of physical force

against the person of another if the conviction occurred

during the previous 10 years; or

(bb) charged with a criminal felony for which there

has been no resolution during the preceding 365 days; or

(I) a participating State that has State standards for

qualification to be a private security officer, the State shall

use the information received pursuant to this Act in

applying the State standards and shall only notify the

employer of the results of the application of the State

standards.

(E) FREQUENCY OF REQUESTS.-An authorized employer

may request a criminal history record information search for an

employee only once every 12 months of continuous employment by

that employee unless the authorized employer has good cause to

submit additional requests.

(2) REGULATIONS.-Not later than 180 days after the date of

Deadline. enactment of this Act, the Attorney General shall issue such final or

interim final regulations as may be necessary to carry out this Act,

including-

(A) measures relating to the security, confidentiality, accuracy,

use, submission, dissemination, destruction of information and

audits, and record keeping;

(B) standards for qualification as an authorized employer; and

(C) the imposition of reasonable fees necessary for conducting

the background checks.

(3) CRIMINAL PENALTIES FOR USE OF INFORMATION.-

Whoever knowingly and intentionally uses any information obtained

Volume 1, Page 9-12
pursuant to this Act other than for the purpose of determining the

suitability of an individual for employment as a private security officer

shall be fined under title 18, United States Code, or imprisoned for not

more than 2 years, or both.

(4) USER FEES.-

(A) IN GENERAL.-The Director of the Federal Bureau of

Investigation may-

(i) collect fees to process background checks provided for

by this Act; and

(ii) establish such fees at a level to include an additional

amount to defray expenses for the automation of fingerprint identification and criminal justice information services and

associated costs.

(B) LIMITATIONS.-Any fee collected under this subsection-

(i) shall, consistent with Public Law 101-515 and Public

Law 104-99, be credited to the appropriation to be used for

salaries and other expenses incurred through providing the

services described in such Public Laws and in subparagraph

(A);

(ii) shall be available for expenditure only to pay the

costs of such activities and services; and

(iii) shall remain available until expended.

(C) STATE COSTS.-Nothing in this Act shall be construed as

restricting the right of a State to assess a reasonable fee on an

authorized employer for the costs to the State of administering this

Act.

(5) STATE OPT OUT.-A State may decline to participate in the

background check system authorized by this Act by enacting a law or

-issuing an order by the Governor (if consistent with State law) providing that the State is declining to participate pursuant to this

subsection.

Sec. 6403. Criminal History Background Checks.

ý -(a) IN GENERAL-Not later than 180 days after the date of enactment

of this Act, the Attorney General shall report to the Judiciary Committee

of the Senate and the Judiciary Committee of the House of Representatives regarding all statutory requirements'for criminal history record checks that

are required to be conducted by the Department of Justice or any of its

components.

(b) DEFINITIONS.-As used in this section-

(1) the terms "criminal history information" and "criminal history records" include-

(A) an identifying description'of the individual to whom the

information or records pertain; .r

(B) notations of arrests, detentions, indictments, or other formal

criminal charges pertaining to such individual; and

(C) any disposition to a notation described in subparagraph (B), including acquittal,. sentencing, correctional supervision, or release;

and

(2) the term "IAFIS" means the Integrated Automated Fingerprint

Identification System of the Federal Bureau of Allocation, which

serves as the national depository for fingerprint, biometric, and

criminal history, information, through which fingerprints are processed

electronically.

Deadline. Reports.

Volume 1, Page 9-13
(c) IDENTIFICATION OF INFORMATION.-The Attorney General

shall identify-

(1) the number of criminal history record checks requested,

including the type of information requested;

(2) the usage of different terms and definitions regarding criminal

history information; and

(3) the variation in fees charged for such information and who pays

such fees. - (d) RECOMMENDATIONS.-The Attorney General shall make

Procedures recommendations to Congress for improving, standardizing, and

consolidating the existing statutory authorization, programs, and

procedures for the conduct of criminal history record checks for noncriminal justice purposes. In making these recommendations to Congress,

the Attorney General shall consider- Y

(1) the effectiveness and efficiency of utilizing commercially

available databases as a supplement to IAFIS criminal history

information checks;

(2) any security concerns created by the existence of these

commercially available databases concerning their ability to provide

sensitive information that is not readily available about law

enforcement or intelligence officials, including their identity,

residence, and financial status;

(3) the effectiveness of utilizing State databases;

(4) any feasibility studies by the Department of Justice of the

resources and structure of the Federal Bureau of Investigation to

establish a system to provide criminal history information;

(5) privacy rights and other employee protections, including-

(A) employee consent;

(B) access to therecords used if employment was denied;

(C) the disposition of the fingerprint submissions after the

records are searched;

(D) an appeal mechanism; and

(6) (E) penalties for misuse of the information;

(6) the scope and means of processing background checks for

private employers utilizing data maintained by the Federal Bureau of

Investigation that the Attorney General should be allowed to authorize

in cases where the authority for such checks is not available at the

State level;

(7) any restrictions that should be placed on the ability of an

employer to charge an employee or prospective employee for the cost

associated with the background check;

(8) which requirements should apply to the handling of incomplete

records; "

(9) the circumstancesunder which the criminal history information

should be disseminated to the employer;

(10) the type of restrictions that should be prescribed for the

handling of criminal history information by an employer;

(11) the range of Federal and State fees that might apply to such

background check requests;

(12) any requirements that should be imposed concerning the time

for responding to such background check requests;

(13) any infrastructure that may need to be developed to support

the processing of such checks, including- ý.--

Volume 1, Page 9-14
(A) the means by which information is collected and submitted

in support of the checks; and

(B) the system capacity needed to process such checks at the

Federal and State level;

(14) the role that States should play; and

(15) any other factors that the Attorney General determines to be

relevant to the subject of the report.'

(e) CONSULTATION.-In developing the report under this section, the

Attorney General shall consult with representatives of State criminal

history record repositories, the National Crime Prevention and Privacy

Compact Council, appropriate representatives of private industry, and

representatives of labor, as determined appropriate by the Attorney

General.

SUBTITLE F-GRAND JURYINFORMATION SHARING

Sec. 6501. Grand Jury Information Sharing. , (a) RULE AMENDMENTS.-Rule 6(e) of the Federal Rules of

18 USC app. Criminal Procedure is amended-

(1) in paragraph (3)-

(A).in subparagraph (A)(ii), by striking "or state subdivision or

of an Indian tribe" and inserting ",state subdivision, Indian tribe,

or foreign government";

(B) in subparagraph (D)- -

(i) by inserting after the first sentence the following: "An

attorney for the government may also disclose any grand jury

matter involving, within the United States or elsewhere, a threat

of attack or other grave hostile acts of a foreign power or its

agent, a threat of domestic or international sabotage or

-terrorism, or clandestine intelligence gathering activities by an

intelligence service or network of a foreign power or by its

agent, to any appropriate Federal, State, State subdivision,

Indian tribal, or foreign government official, for the purpose of

• preventing or responding to such threat or activities."; and

(ii)in clause (i)-.

- by -(inlsetrikin "federal"; and

(II) byiadding at the end the following: "Any State, State

subdivision, Indian tribal, or foreign government official

who receives information under Rule 6(e)(3)(D) may use

the information only consistent with such guidelines as the

Attorney General and the Director of National Intelligence

shall jointly issue."; and

(C) in subparagraph (E)-

(i) by redesignating clauses (iii) and (iv) as clauses (iv) and

(v), respectively;,

. (ii) by inserting after clause (ii) the following:

"(iii) at the request of the government, when sought by a

-foreign court or prosecutor for use in an official criminal

investigation;"; and

(iii) in clause (iv), as redesignated,

(I) by striking "state orIndian tribal" and inserting

"State, Indian tribal, or foreign"; and

Volume 1, Page 9-15
18 USC I note.

(II) by striking "or Indian tribal official" and

inserting "Indian tribal, or foreign government official";

and

(2) in paragraph (7), by inserting", or of guidelines jointly issued

by the Attorney General and the Director of National Intelligence

pursuant to Rule 6," after "Rule 6".

(b) CONFORMING AMENDMENT.-Section 203(c) of Public

Law 107-56 (18 U.S.C. 2517 note) is amended by striking "Rule 6(e)(3)

(C)(i)(V) and (VI)" and inserting "Rule 6(e)(3)(D)".

Sec. 6702. Hoaxes and Recovery Costs.

(a) PROHIBITION ON HOAXES.- Chapter 47 of title 18, United

States Code, is amended b inserting after section 1037 the following:

"§1038. False Information and Hoaxes .

(a) CRIMINAL VIOLATION.-

(1) IN GENERAL.-Whoever engages in any conduct with

intent to convey false or misleading information under

circumstances where such information may reasonably be-believed

and where such information indicates that an activity has taken, is

taking, or will take place that would constitute a violation of

chapter 2, 10, 1IB, 39, 40, 44, 111, or 113B of this tide,

section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or

section 46502, the second sentence of section 46504,

section 46505(b)(3) or (c), section 46506 if homicide or attempted

homicide is involved, or section 60123(b) of title 49, shall-

"(A) be fined under this title or imprisoned not more than 5

years, or both;

(B) if serious bodily injury results, be fined under this title

or imprisoned not more than 20 years, or both; and

(C) if death results, be fined under this title or imprisoned

for any number of years up to life, or both.

"(2) ARMED FORCES.-Any person who makes a false

statement, with intent to convey false or misleading information,

about the death, injury, capture, or disappearance of a member of

the Armed Forces of the United States during a war or armed

conflict in which the United States is engaged-

(A) shall be fined under this title, imprisoned not more than

5 years, or both;

(B) if serious bodily injury results, shall be fined under this

title, imprisoned not more than 20 years, or both; and

(C) if death results, shall be fined under this title,

imprisoned for any number of years or for life, or both.

(b) CIVIL ACTION.-Whoever engages in any conduct with intent to

convey false or misleading information under circumstances where such

information may reasonably be believed and where such information

indicates that an activity has taken, is taking, or will take place that would

constitute a violation of chapter 2, 10, 11B, 39, 40,44, 111, or 113B of

this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284),

or section 46502, the second sentence of section 46504, section 46505

(b)(3) or (c), section 46506 if homicide or attempted homicide is involved,

or section 60123(b) of title 49 is liable in a civil action to any party

Volume 1, Page 9-16
incurring expenses incident to any emergency or investigative response to

that conduct, for those expenses.

(c) REIMBURSEMENT.-

(1) IN GENERAL.-The court, in imposing a sentence on a

defendant who has been convicted of an offense under subsection (a),

shall order the defendant to reimburse any state or local government,

or private not-for-profit organization that provides fire or rescue

service incurring expenses incident to any emergency or investigative

response to that conduct, for those expenses.

(2) LIABILITY.-A person ordered to make reimbursement under

this subsection shall be jointly and severally liable for such expenses

with each other person, if any, who is ordered to make reimbursement

under this subsection for the same expenses.

(3) CIVIL JUDGMENT.-An order of reimbursement under this

subsection shall, for the purposes of enforcement, be treated as a civil

judgment. - (d) ACTIVITIES OF LAW ENFORCEMENT.-This section does not

prohibit any lawfully authorized investigative, protective, or intelligence

activity of a law enforcement agency of the United States, a State, or

political subdivision of a State, or of an intelligence agency of the United

States.

(b) CLERICAL AMENDMENT.-The table of sections as the

beginning of chapter 47 of title 18, United States Code, is amended by

adding after the item for section 1037 the following:

"1038. False information and hoaxes.". ... Sec. 6703. Obstruction of Justice and False Statements in Terrorism

Cases.

(a) ENHANCED PENALTY.-Section 1001(a) and the third

undesignated paragraph of section 1505 of title 18, United States Code,

are amended by striking "'be fined under this title or imprisoned not more

than 5 years, or both" and inserting "be fined under this title, imprisoned

not more than 5 years or, if the offense involves international or domestic

terrorism (as defined in section 2331), imprisoned not more than 8 years,

or both'.

(b) SENTENCING GUIDELINES.-Not later than 30 days of the

enactment of this section, the United States Sentencing Commission shall

amend the Sentencing Guidelines to provide for an increased offense level

for an offense under sections 1001(a) and 1505 of title 18, United States

Code, if the offense involves international or domestic terrorism, as

defined in section 2331 of such title.

Sec. 6704. Clarification of Definition.

Section 1958 of title 18, United States Code, is amended-

(1) in subsection (a), by striking "facility in" and inserting "facility

of"; and

(2) in subsection (b)(2), by inserting "or foreign" after "interstate".

Deadline.

28 USC 994 note.

Volume 1, Page 9-17
Sec. 6803. Participation in Nuclear and Weapons of Mass Destruction

Threats to the United States.

(2) by inserting after section 831 the following:

"Sec. 832. Participation in Nuclear and Weapons of Mass

Destruction Threats to the United States

"(a) Whoever, within the United States or subject to the

jurisdiction of the United States, willfully participates in or knowingly

provides material support or resources (as defined in section 2339A) to

a nuclear weapons program or other weapons of mass destruction

program of a foreign terrorist power, or attempts or conspires to do so,

shall be imprisoned for not more than 20 years.

"(b) There is extraterritorial Federal jurisdiction over an offense

under this section.

"(c) Whoever without lawful authority develops, possesses, or

attempts or conspires to develop or possess a radiological weapon, or

threatens to use or uses a radiological weapon against any person

within the United States, or a national of the United States while such

national is outside of the United States or against any property that is

owned,, leased, funded, or used by the United States, whether that

property is within'or outside of the United States,. shall be imprisoned

for any term of years or for life.

"(d) As used in this section-

•"(1) 'nuclear weapons program' means a program or plan for the

development, acquisition, or production of any nuclear weapon or

weapons;

"(2) 'weapons of mass destruction program' means a program

or plan for the development, acquisition, or production of any

weapon or weapons of mass destruction (as defined in section

2332a(c)); • 1"(3) 'foreign terrorist power' means a terrorist organization

designated under section 219 of the Immigration and Nationality

Act, or a state sponsor of terrorism designated under section 6(j) of

the Export Administration Act of 1979 or section 620A of the

Foreign Assistance Act of 1961; and

"(4) 'nuclear weapon' means anyweapon that contains or uses

nuclear material as defined in section 831(f)(1)."; and

"(3) in section 2332b(g)(5)(B)(i), by inserting after "nuclear

materials)," the following: "832 (relating to participation in nuclear

-and weapons of mass destruction threats to the United States)".

Sec. 6905. Radiological Dispersal Devices.

Chapter 113B of title 18, United States Code, is amended by adding

after section 2332g the following:

Sec. 2332h. Radiological dispersal devices

(a) UNLAWFUL CONDUCT.-

"(1) IN GENERAL.-Except as provided in paragraph (2), it

shall be unlawful for any person to knowingly produce, construct,

otherwise acquire, transfer directly or indirectly, receive, possess,

import, export, or use, or possess and threaten to use-

"(A) any weapon that is designed or intended to release

radiation or radioactivity at a level dangerous to human life; or

Volume 1, Page 9-18
"(B) any device or other object that is capable of and

designed or intended to endanger human life through the

release of radiation or radioactivity.

."(2) EXCEPTION.-This subsection does not apply with respect

to- "(A) conduct by or under the authority of the United States

or any department or agency thereof; or

"(B) conduct pursuant to the terms of a contract with the

United States or any department or agency thereof.

"(b) JURISDICTION.-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;

"(2) the offense occurs outside of the United States and is

committed by a national of the United States;

"(3) the offense is committed against a national of the United

States while the national is outside the United States; "(4) 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'

"(5) 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.

"(c) CRIMINAL PENALTIES.-

"(1) IN GENERAL.--Any person who violates, or attempts

or conspires to violate, subsection (a) shall be fined not more

than $2,000,000 and shall be sentenced to a term of

imprisonment not less than 25 years or to imprisonment for life.

"(2) OTHER CIRCUMSTANCES.-Any person who, in the

course of a violation of subsection (a), uses, attempts or

conspires to use, or possesses and threatens to use, any item or -items described in subsectiotn(a), shall be fined not more than

$2,000,000 and imprisoned for not less than 30 years or

imprisoned for life "'. "(3) SPECIAL CIRCUMSTANCES.-If the death of another

results from a person's violation of subsection (a), the person

shall be fined not more than $2,000,000 and punished by

imprisonment for life.".

Volume 1, Page 9-19
3. NATIONAL DEFENSE AUTHORIZATION

FISCAL YEAR 2001

DOE Workers Compensation

Public Law 106-398 114 Stat. 1654A-497

October 30,2000

SUBTITLE A-ESTABLISHMENT OF COMPENSATION

PROGRAM AND COMPENSATION FUND

Sec. 3611. Establishment of Energy Employees Occupational Illness

Compensation Program. (a) PROGRAM ESTABLISHED.-There is hereby established a

program to be known as the "Energy Employees Occupational Illness

Compensation Program" (in this title referred to as the "compensation program'). The President shall carry out the compensation program

through one or more Federal agencies or officials, as designated by the

President. -

(b) PURPOSE OF PROGRAM.-The purpose of the compensation

program is to provide for timely, uniform, and adequate compensation of

covered employees and, where applicable, survivors of such employees, suffering from illnesses incurred by such employees in the performance of

duty for the Department of Energy and certain of its contractors and

subcontractors.

(c) ELIGIBILITY FOR COMPENSATION.-The eligibility of covered

employees for compensation under the compensation program shall be

determined in accordance with the provisions of subtitle B as may be

modified by a law enacted after the date of the submittal of the proposal

for legislation required by section 3613.

Sec. 3612. Establishment of Energy Employees Occupational Illness

Compensation Fund.

(a) ESTABLISHMENT.-There is hereby established on the books of

the Treasury a fund to be known as the "Energy Employees Occupational

Illness Compensation Fund" (in this title referred to as the "compensation

fund").

(b) AMOUNTS IN COMPENSATION FUND.-The compensation

fund shall consist of the following amounts:

(1) Amounts appropriated to the compensation fund pursuant to the

authorization of appropriations in section 3614(b).

(2) Amounts transferred to the compensation fund under subsection (c).

(c) FINANCING OF COMPENSATION FUND.-Upon the exhaustion'

of amounts in the compensation fund attributable to the authorization of

appropriations in section 3614(b), the Secretary of the Treasury shall

transfer directly to the compensation fund from the General Fund of the

Treasury, without further appropriation, such amounts as are further

necessary to carry out the compensation program.

(d) USE OF COMPENSATION FUND.-Subject to subsection (e),

amounts in the compensation fund shall be used to carry out the

compensation program. (e) ADMINISTRATIVE COSTS NOT PAID FROM

COMPENSATION FUND.-No cost incurred in carrying out the

Volume 1, Page 9-20
compensation program, or in administering the compensation fund, shall

be paid from the compensation fund or set off against or otherwise

deducted from any payment to any individual under the compensation

program.

(f) INVESTMENT OF AMOUNTS IN COMPENSATION

FUND.-Amounts in the compensation fund shall be invested in

accordance with section 9702 of title 31, United States Code, and any

interest on, and proceeds from, any such investment shall be credited to

and become a part of the compensation fund.

Sec. 3613. Legislative Proposal.

(a) LEGISLATIVE PROPOSAL REQUIRED.--Not later than

March 15, 2001, the President shall submit to Congress a proposal for

legislation to implement the compensation program. The proposal for

legislation shall include, at a minimum, the specific recommendations

(including draft legislation) of the President for the following:

(1) The types of compensation and benefits, including lost wages,

medical benefits, and any lump-sum settlement payments, to be

provided under the compensation program.

(2) Any adjustments or modifications necessary to appropriately

administer the compensation program under subtitle B.

(3) Whether to expand the compensation program to include other

illnesses associated with exposure to toxic substances.

(4) Whether to expand the class of individuals who are members of

the Special Exposure Cohort (as defined in section 3621(14)).

(b) ASSESSMENT OF POTENTIAL COVERED EMPLOYEES

AND REQUIRED AMOUNTS.-The President shall include with the

proposal for legislation under subsection (a) the following:

(1) An estimate of the number of covered employees that the

President determines were exposed in the performance of duty.

(2) An estimate, for each fiscal year of the compensation program, of the amounts to be required for compensation and benefits

anticipated to be provided in such fiscal year under the compensation

program. - • 1 . - I

Sec. 3614. Authorization of Appropriations. ý (a) IN GENERAL.-Pursuant to the authorization of appropriations in

section 3103(a), $25,000,000 may be used for purposes of carrying out

this title.

(b) COMPENSATION FUND.-There is hereby authorized to be

appropriated $250,000,000 to the Energy Employees Occupational Illness

Compensation Fund established by section 3612.

SUBTITLE B--PROGRAM ADMINISTRATION

See. 3621 Definitions for Program Administration.

In this title: . i

(1) The term "covered employee" means any of the following:

(A) A covered beryllium employee.

(B) A covered employee with cancer.

(C) To the extent provided in section 3627, a covered

employee with chronic silicosis (as defined in that section).

(2) The term "atomic weapon" has the meaning given that term in

section lId. of the Atomic Energy Act of 1954 (42 USC 2014(d)).

Volume 1, Page 9-21
(3) The term "atomic weapons employee" means an individual

employed by an atomic weapons employer during a-period when the

employer was processing or producing, forthe use by the United

States, material that emitted radiation and was used in the production

of an atomic weapon, excluding uranium mining and milling.

(4) The term "atomic weapons employer" means an entity, other

than the United States, that- (A) processed or produced, for use by the United States,

material that emitted radiation and was used in the production of an

atomic weapon, excluding uranium mining and milling; and

(B) is designated by the Secretary of Energy as an atomic

weapons employer for purposes of the compensation program.

(5) The term "atomic weapons employer facility" means a facility,

owned by an atomic weapons employer. that is or was used to process

or produce, for use by the United States, material that emitted radiation

and was used in the production of an atomic weapon, excluding

uranium mining or milling.

(6) The term "beryllium vendor" means any of the following:

(A) Atomics International.

(B) Brush Wellman, Incorporated, and its predecessor, Brush

Beryllium Company.

(C) General Atomics.

(D) General Electric Company.

(E) NGK Metals Corporation and its predecessors,

Kawecki-Berylco, Cabot Corporation, BerylCo, and Beryllium

Corporation of America..-

'(F) Nuclear Materials and Equipment Corporation.

* (0) StarMet Corporation and its predecessor, Nuclear Metals,

Incorporated.

(H) Wyman Gordan, Incorporated.

(1) Any other vendor, processor, or producer of beryllium or

*related products designated as a beryllium vendor for purposes of

the compensation program under section 3622.

(7) The term "covered beryllium employee". means the following, if

and only if the employee is determined to have been exposed to

beryllium in the performance of duty in accordance with

section 3623(a):

i (A) A current or former employee (as that term is defined in

section 8101(1) of title 5, United States Code) who may have been

exposed to beryllium at a Department of Energy facility or at a

facility owned, operated, or occupied by a beryllium vendor.

(B) A current or former employee of-

(i) any entity that contracted with the Department of

Energy to provide management and operation, management

and integration, or environmental remediation of a

Department of Energy facility; or

(ii) any contractor or subcontractor that provided

services, including construction and maintenance, at such a

facility.

(C) A current or former employee of a beryllium vendor, or of a

contractor or subcontractor of a beryllium vendor, during a period

when the vendor was engaged in activities related to the production

Volume 1, Page 9-22
or processing of beryllium for sale to, or use by, the Department of

Energy.

(8) The term "covered beryllium illness" means any of the

following:

(A) Beryllium sensitivity as established by an abnormal

beryllium lymphocyte proliferation test performed on either blood

or lung lavage cells.

(B) Established chronic beryllium disease.

(C) Any injury, illness, impairment, or disability sustained as a

consequence of a covered beryllium illness referred to in

subparagraph (A) or (B).

(9) The term "covered employee with cancer" means any of the

following:

(A) An individual with a specified cancer who is a member of

the Special Exposure Cohort, if and only if that individual

contracted that specified cancer after beginning employment at a

Department of Energy facility (in the case of a Department of

Energy employee or Department of Energy contractor employee)

or at an atomic weapons employer facility (in the case of an atomic

weapons employee).

(B)(i) An individual with cancer specified in subclause (I), (II),

or (III) of clause (ii), if and only if that individual is determined to

have sustained that cancer in the performance of duty in

accordance with section 3623(b).

(ii) Clause (i) applies to any of the following: (I) A Department of Energy employee who

contracted that cancer after beginning employment at a

Department of Energy facility.

(II) A Department of Energy contractor employee who contracted that cancer after beginning employment

at a Department of Energy facility.

• : (III) An atomic weapons employee who contracted

that cancer after beginning employment at an atomic

weapons employer facility. (10) The term "Department of Energy" includes the predecessor agencies of the Department of Energy, including the Manhattan

Engineering District.

(11), The term "Department of Energy contractor employee" means

any of the following: (A) An individual who is or was in residence at a Department

of Energy facility as a researcher for one or more periods aggregating at least 24 months.

_; (B) An individual who is or was employed at a Department of

Energy facility by-

(i) an entity that contracted with the Department of Energy to provide management and operating, management and

integration, or environmental remediation at the facility; or

(ii) a contractor or subcontractor that provided services,

including construction and maintenance, at the facility.

(12) The term "Department of Energy facility" means any building, structure, or premise, including the grounds upon which such building,

structure, or premise is locatedVolume 1, Page 9-23
(A) in which operations are, or have been, conducted by, or on

behalf of, the Department of Energy (except for buildings,

structures, premises, grounds, or operations covered by Executive

Order No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note),

pertaining to the Naval Nuclear Propulsion Program); and

(B) with regard to which the Department of Energy has or had-

(i) a proprietary interest; or

(ii) entered into a contract with an entity to provide

management and operation, management and integration,

environmental remediation services, construction, or

maintenance services. --(13) The term "established chronic beryllium disease" means

chronic beryllium disease as established by the following: -(A) For diagnoses on or after January 1, 1993, beryllium

sensitivity (as established in accordance with paragraph (8)(A)),

together with lung pathology consistent with chronic beryllium disease, including-

(i) a lung biopsy showing granulomas or a lymphocytic

process consistent with chronic beryllium disease;

(ii) a computerized axial tomography scan showing changes

consistent with chronic beryllium disease; or

(iii) pulmonary function or exercise testing showing

pulmonary deficits consistent with chronic beryllium disease.

(B) For diagnoses before January 1, 1993, the presence of-

(i) occupational or environmental history, or epidemiologic

evidence of beryllium exposure; and

(ii) any three of the following criteria:

(I) Characteristic chest radiographic (or computed tomography (CT)) abnormalities.

(II) Restrictive or obstructive lung physiology testing

or diffusing lung capacity defect.

(III) Lung pathology consistent with chronic

beryllium disease.

(IV) Clinical course consistent with a chronic

respiratory disorder.

(V) Immunologic tests showing beryllium sensitivity

(skin patch test or beryllium blood test preferred).

(14) The term "member of the Special Exposure Cohort" means a

Department of Energy employee, Department of Energy contractor

employee, or atomic weapons employee who meets any of the

following requirements:

(A) The employee was so employed for a number of work days

aggregating at least 250 work days before February 1, 1992, at a

gaseous diffusion plant located in Paducah, Kentucky, Portsmouth,

Ohio, or Oak Ridge,.Tennessee, and, during such employment-

(i) was monitored through the use of dosimetry badges for

exposure at the plant of the external parts of employee's body to

radiation; or

(ii) worked in a job that had exposures comparable to a job

that is or was monitored through the use of dosimetry badges.

(B) The employee was so employed before January 1, 1974, by

the Department of Energy or a Department of Energy contractor or

subcontractor on Amchitka Island, Alaska, and was exposed to

Volume 1, Page 9-24
ionizing radiation in the performance of duty related to the Long

Shot, Milrow, or Cannikin underground nuclear tests.

(C)(i) Subject to clause (ii), the employee is an individual

designated as a member of the Special Exposure Cohort by the

President for purposes of the compensation program under

section 3626. (ii) A designation under clause (i) shall, unless Congress

otherwise provides, take effect on the date that is 180 days after

the date on which the President submits to Congress a report

identifying the individuals covered by the designation and

describing the criteria used in designating those individuals.

(15) The term "occupational illness" means a covered beryllium

illness, cancer referred to in section 3621(9)(B), specified cancer, or

chronic silicosis, as the case may be.

(16) The term "radiation" means ionizing radiation in the form of-

(A) alpha particles;

(B) beta particles;

(C) neutrons;

(D) gamma rays; or

(E) accelerated ions or subatomic particles from accelerator

machines.

(17) The term "specified cancer" means any of the following:

(A) A specified disease, as that term is defined in

section 4(b)(2) of the Radiation Exposure Compensation Act

(42 USC 2210 note).

(B) Bone cancer.

(18) The term "survivor" means any individual or individuals

eligible to receive compensation pursuant to section 8133 of title 5,

United States Code.

Sec. 3622. Expansion of List of Beryllium Vendors. I Not later than December 31, 2002, the President may, in consultation

with the Secretary of Energy, designate as a beryllium vendor for purposes

of section 3621(6) any vendor, processor, or producer of beryllium or

related products not previously listed under or designated for purposes of

such section 3621(6) if the President -finds that such vendor, processor, or

producer has been engaged in activities related to the production or

processing of beryllium for sale to, or use by, the Department of Energy in

a manner similar to the entities listed in such section 3621(6).

Sec. 3623. Exposure In the Performance of Duty. (a) BERYLLIUM.-A covered beryllium employee shall, in the

absence of substantial evidende to the contrary, be determined to have

been'exposed to beryllium in the performance of duty for the purposes of

the compensation program if, and only if, the covered beryllium employee

was-

(1) employed at a Department of Energy facility; or

(2) present at a Department of Energy facility, or a facility owned

and operated by a beryllium vendor, because of employment by the

United States, a beryllium vendor, or a contractor or subcontractor of

the Department of Energy, during a period when beryllium dust,

particles, or vapor may have been present at such facility.

(b) CANCER.-An individual with cancer specified in subclause (I),

(II), or (III) of section 3621 (9)(B)(ii) shall be determined to have

sustained that cancer in the performance of duty for purposes of the

Volume 1, Page 9-25
compensation program if, and only if, the cancer specified in that

subclause was at least as likely as not related to employment at the facility

specified in that subclause, as determined in accordance with the

guidelines established under subsection (c).

(c) GUIDELINES.-

(1) For purposes of the compensation program, the President shall

by regulation establish guidelines for making the determinations

required by subsection (b).

(2) The President shall establish such guidelines after technical

review by the Advisory Board on Radiation and Worker Health under

section 3624.

(3) Such guidelines shall-

(A) be based on the radiation dose received by the employee

(or a group of employees performing similar work) at such facility

and the upper 99 percent confidence interval of the probability of

causation in the radioepidemiological tables published under

section 7(b) of the Orphan Drug Act (42 USC 241 note), as such

tables may be updated under section 7(b)(3) of such Act from time

to time; : I

(B) incorporate the methods established under subsection (d);

and

(C) take into consideration the type of cancer, past

health-related activities (such as smoking), information on the risk

of developing a radiation-related cancer from workplace exposure,

and other relevant factors.

(d) METHODS FOR RADIATION DOSE RECONSTRUCTIONS.-

(1) The President shall, through any Federal agency (other than the

Department of Energy) or official (other than the Secretary of Energy

or any other official within the Department of Energy) that the

President may designate, establish by regulation methods for arriving

at reasonable estimates of the radiation doses received by an individual

specified in subparagraph (B) of section 3621(9) at a facility specified

in that subparagraph by each of the following employees:

(A) An employee who was not monitored for exposure to

radiation at such facility. I (B) An employee who was monitored inadequately for exposure

to radiation at such facility. ..

(C) An employee whose records of exposure to radiation at

such facility are missing or incomplete.

, (2) The President shall establish an independent review process

using the Advisory Board on Radiation and Worker Health to-

(A) assess the methods established under paragraph (1); and

(B) verify a reasonable sample of the doses established under

paragraph (1).

(e) INFORMATION ON RADIATION DOSES.-

(1) The Secretary of Energy shall provide, to each covered

employee with cancer specified in section 3621(9)(B), information

specifying the estimated radiation dose of that employee during each

employment specified in section 3621(9)(B), whether established by a

dosimetry reading, by a method established under subsection (d), or by

both a dosimetry reading and such method. ý

(2) The Secretary of Health and Human Services and the Secretary

of Energy shall each make available to researchers and the general

Volume 1, Page 9-26
public information on the assumptions, methodology, and data used in

establishing radiation doses under subsection (d). The actions taken

under this paragraph shall be consistent with the protection of private

medical records. , - ,

Sec. 3624. Advisory Board on Radiation and Worker Health.

(a) ESTABLISHMENT.-

I.,(I) Nsot later than 120 days after the date of the enactment of this

Act, the President shall establish and appoint an Advisory Board on

Radiation and Worker Health (in this section referred to as the "Board").

(2) The President shall make appointments to the Board in

consultation with organizations with expertise on worker health issues

in order to ensure that the membership of-the Board reflects a balance

of scientific, medical, and worker perspectives.

(3) The President shall designate a Chair for the Board from among

its members.

(b) DUTIES.-The Board shall advise the President on-

(1) the development of guidelines under section 3623(c);

(2) the scientific validity and quality of dose estimation and

reconstruction efforts being performed for purposes of the

compensation program; and

1(3) such other matters related to radiation and worker health in

Department of Energy facilities as the President considers appropriate.

(c) STAFF.-

(1) The President shall appoint a staff to facilitate the work of the

Board. The staff shall be headed by a Director who shall be appointed

under Subchapter VIII of chapter 33 of title 5, United States Code.

:' (2) The President may accept as staff of the Board personnel on

detail from other Federal agencies. The detail of personnel under this

paragraph may be on a nonreimbursable basis.

,(d) EXPENSES.-Members of the Board, other than full-time

employees of the United States, while attending meetings of the Board or

while otherwise serving at the request of the President, while serving away

from their homes or regular places of business, shall be allowed travel and

meal expenses, including per diem in lieu of subsistence, as authorized by

section 5703 of title 5, United States Code, for individuals in the

Government serving without pay. : • 1 1 1; " I

See. 3625. Responsibilities of Secretary of Health and Human

Services.

The Secretary of Health and Human Services shall carry out that

•Secretary's responsibilities with respect to the compensation program with

the assistance of the Director of the National Institute for Occupational

Safety and Health.

Sec. 3626.. Designation of Additional Members of Special Exposure

Cohort. I. ... I r

(a) ADVICE ON ADDITIONAL MEMBERS.- . (1) The Advisory Board on Radiation and Worker Health under

section 3624 shall advise the President whether there is a class of

employees at any Department of Energy facility who likely were

exposed to radiation at that facility but for whom it is not feasible to

estimate with sufficient accuracy the radiation dose they received.

(2) The advice of the Advisory Board on Radiation and Worker

Health under paragraph (1) shall be based on exposure assessments by

Volume 1, Page 9-27
radiation health professionals, information provided by the Department

of Energy, and such other information as the Advisory Board considers

appropriate.

(3) The President shall request advice under paragraph (1) after

consideration of petitions by classes of employees'described in that

paragraph for such advice. The President shall consider such petitions

pursuant to procedures established by the President.

(b) DESIGNATION OF ADDITIONAL MEMBERS.-Subject to the

provisions of section 3621(14)(C), the members of a class of employees at

a Department of Energy facility may be treated as'members of the Special

Exposure Cohort for purposes of the compensation program if the

President, upon recommendation of the Advisory Board on Radiation and

Worker Health, determines that-

(1) it is not feasible to estimate with sufficient accuracy the

radiation dose that the class received; and

(2) there is a reasonable likelihood that such radiation dose may

have endangered the health of members of the class.

(c) ACCESS TO INFORMATION.-The Secretary of Energy shall

provide, in accordance with law, the Secretary of Health and Human

Services and the members and staff of the Advisory Board on Radiation

and Worker Health access to relevant information on worker exposures,

including access to Restricted Data (as defined in section 1 ly. of the

Atomic Energy Act of 1954 (42 USC 2014(y)). , Sec. 3627. Separate Treatment of Chronic Silicosis.

(a) SENSE OF CONGRESS.-Congress finds that employees who

worked in Department of Energy test sites and later contracted chronic

-silicosis should also be considered for inclusion in the compensation

program. Recognizing that chronic silicosis resulting from exposure to

silica is not a condition unique to the nuclear weapons industry, it is not

the intent of Congress with this title to establish a precedent on the

question of chronic silicosis as a compensable occupational disease.

Consequently, it is the sense of Congress that a further determination by

the President is appropriate before these workers are included in the

compensation program.

(b) CERTIFICATION BY PRESIDENT.-A covered employee with

chronic silicosis shall be treated as a covered employee (as defined in

section 3621(1)) for the purposes of the compensation program required

by section 3611 unless the President submits to Congress not later than

180 days after the date of the enactment of this Act the certification of the

President that there is insufficient basis to include such employees. The

President shall submit with the certification any recommendations about

the compensation program with respect to covered employees with chronic

silicosis as the President considers appropriate.

(c) EXPOSURE TO SILICA IN THE PERFORMANCE OF

DUTY.-A covered employee shall, in the absence of substantial evidence

to the contrary, be determined to have been exposed to silica in the

performance of duty for the purposes of the compensation program if, and

only if, the employee was present for a number of work days aggregating

at least 250 work days during the mining of tunnels at a Department of

Energy facility located in Nevada or Alaska for tests or experiments

'related to an atomic weapon.

.(d) COVERED EMPLOYEE WITH CHRONIC SILICOSIS.-For

purposes of this title, the term "covered employee with chronic silicosis"

Volume 1, Page 9-28
means a Department of Energy employee, or a Department of Energy

contractor employee, with chronic silicosis who was exposed to silica in

the performance of duty as determined under subsection (c).

(e) CHRONIC SILICOSIS.-For purposes of this title, the term

"chronic silicosis" means a nonmalignant lung disease if-

(1) the initial occupational exposure to silica dust preceded the

onset of silicosis by at least 10 years; and

(2) a written diagnosis of silicosis is made by a medical doctor and

is accompanied by-

(A) a chest radiograph, interpreted by an individual certified by

the National Institute for Occupational Safety and Health as a B

reader, classifying the existence of pneumoconioses of category 1/1

or higher;

(B) results from a computer assisted tomograph or other

imaging technique that are consistent with silicosis; or

(C) lung biopsy findings consistent with silicosis.

Sec. 3628. Compensation and Benefits to be Provided

(a) COMPENSATION PROVIDED.-

(1) Except as provided in paragraph (2), a covered employee, or

the survivor of that covered employee if the employee is deceased,

shall receive compensation for the disability or death of that employee

from that employee's occupational illness in the amount of $150,000.

(2) A covered employee shall, to the extent that employee's

occupational illness is established beryllium sensitivity, receive

beryllium sensitivity monitoring under subsection (c) in lieu of

compensation under paragraph (1).

(b) MEDICAL BENEFITS.-A covered employee shall receive

medical benefits under section 3629 for that employee's occupational

illness.

(c) BERYLLIUM SENSITIVITY MONITORING.-An individual

receiving beryllium sensitivity monitoring under this subsection shall

receive the following:

(1) A thorough medical examination to confirm the nature and

extent of the individual's established beryllium sensitivity.

.(2) Regular medical examinations thereafter to determine whether

that individual has developed established chronic beryllium disease.

(d) PAYMENT FROM COMPENSATION FUND.-The

compensation provided under this section, when authorized or approved by the President, shall be paid from the compensation fund established

under section 3612.

(e) SURVIVORS.-

(1).Subject to the provisions of this section, if a covered employee

dies before the effective date specified in subsection (f), whether or

not the death is a result of that employee's occupational illness, a

survivor of that employee may, on behalf of that survivor and any

other survivors of that employee, receive the compensation provided

for under this section..

(2) The right to receive compensation under this section shall be

afforded to survivors in the same order of precedence as that set forth

in section 8109 of title 5, United States Code.

(f) EFFECTIVE DATE.-This section shall take effect on July 31,

2001, unless Congress otherwise provides in an Act enacted before that

date.

Volume 1, Page 9-29
Sec. 3629. Medical Benefits.'.

(a) MEDICAL BENEFITS PROVIDED.-The United States shall

furnish, to an individual receiving medical benefits under this section for

an illness, the services, appliances, and supplies prescribed or

recommended by a qualified physician for that illness, which the President

considers likely to cure, give relief, or reduce the degree or the period of

that illness.

,.(b) PERSONS FURNISHING BENEFITS.-

(1) These services, appliances, and supplies shall be furnished by

or on the order of United States medical officers and hospitals, or, at

the individual's option, by or on the order of physicians and hospitals

designated or approved by3the President.

(2) The individual may initially select a physician to provide

medical services, appliances, and supplies under this section in

accordance with such regulations and instructions as the President

considers necessary. -

(c) TRANSPORTATION AND EXPENSES.-The individual may be

furnished necessary and reasonable tansportation and expenses incident to

the securing of such services, appliances, and supplies.

(d) COMMENCEMENT OF BENEFITS.-An individual receiving

benefits under this section shall be furnished those benefits as of the date

on which that individual submitted the claim for those benefits in

accordance with this title.

(e) PAYMENT FROM COMPENSATION FUND.-The benefits

provided under this section, when authorized or approved by the

President, shall be paid from the compensation fund established under

section 3612.

(f ) EFFECTIVE DATE.-This section shall take effect on July 31,

2001, unless Congress otherwise provides in an Act enacted before that

date.

Sec. 3630. Separate Treatment of Certain Uranium Employees.

(a) COMPENSATION PROVIDED.-An individual who receives, or

.* has received, $100,000 under section 5 of the Radiation Exposure

Compensation Act (42 U.S.C. 2210 note) for a claim made under that Act

(hereafter in this section referred to as a "covered uranium employee"), or

the survivor of that covered uranium employee if the employee is

deceased, shall receive compensation under this section in the amount of

$50,000.

-(b) MEDICAL BENEFITS.-A covered uranium employee shall

receive medical benefits under section 3629 for the illness for which that

employee received $100,000 under section 5 of that Act.

(c) COORDINATION WITH RECA.-The compensation and benefits

provided in subsections (a) and (b) are separate from any compensation or

benefits provided under that Act.

(d) PAYMENT FROM COMPENSATION FUND.-The

compensation provided under this section, when authorized or approved

by the President, shall be paid from the compensation fund established

undersection3612. -

(e) SURVIVORS.-

(1) Subject to the provisions of this section, if a covered uranium

employee dies before the effective date specified in subsection (g),

whether or not the death is a result of the illness specified in subsection (b), a survivor of that employee may, on behalf of that survivor

Volume 1, Page 9-30
and any other survivors of that employee, receive the compensation

provided for under this section.

(2) The right to receive compensation under this section shall be

afforded to survivors in the same order of precedence as that set forth

in section 8109 of title 5, United States Code.

(f )PROCEDURES REQUIRED.-The President shall establish

procedures to identify and notify each covered uranium employee, or the

survivor of that covered uranium employee if that employee is deceased,

of the availability of compensation and benefits under this section.

(g) EFFECTIVE DATE.-This section shall take effect on July 31,

2001, unless Congress otherwise provides in an Act enacted before that

date.

Sec. 3631. Assistance for Claimants and Potential Claimants.

(a) ASSISTANCE FOR CLAIMANTS.-The President shall, upon the

receipt of a request for assistance from a claimant under the compensation

program, provide assistance to the claimant in connection with the claim, .including- - ... -(1) assistance in securing medical testing and diagnostic services

necessary to establish the existence of a covered beryllium illness,

chronic silicosis, or cancer; and

(2) such other assistance as may be required to develop facts

pertinent to the claim.

(b) ASSISTANCE FOR POTENTIAL CLAIMANTS.-The President

shall take appropriate actions to inform and assist covered employees who

are potential claimants under the compensation program, and other

potential claimants under the compensation program, of the availability of

compensation under the compensation program, including actions to-

(1) ensure the ready availability, in paper and electronic format, of

forms necessary for making claims; I L (2) provide such covered employees and other potential claimants 'with information and other support necessary for making claims,

including- . (A) medical protocols for medical testing and diagnosis to

establish the existence of a covered beryllium illness, chronic

silicosis, or cancer; and

(B) lists of vendors approved for providing laboratory services

related to such medical testing and diagnosis; and

(3) provide such additional assistance to such covered employees

and other potential claimants as may be required for the development

of facts pertinent to a claim.

(c) INFORMATION FROM BERYLLIUM VENDORS AND OTHER

CONTRACTORS.-As part of the assistance program provided under

subsections (a) and (b), and as permitted by law, the Secretary of Energy

shall, upon the request of the President, require a beryllium vendor or

other Department of Energy contractor or subcontractor to provide

information relevant to a claim or potential claim under the compensation

program to the President.

Volume 1, Page 9-31
SUBTITLE C-TREATMENT, COORDINATION,

AND FORFEITURE OF COMPENSATION AND BENEFITS

Sec. 3641. Offset for Certain Payments.

A payment of compensation to an individual, or to a survivor of that

individual, under subtitle B shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim (other than a claim

for worker's compensation), against any person, that is based on injuries

incurred by that individual on account of the exposure of a covered

beryllium employee, covered employee with cancer, covered employee

with chronic silicosis (as defined in section 3627), or. covered uranium

employee (as defined in section 3630), while so employed, to beryllium, radiation; silica, or radiatiofi,respectively. Sec. 3642. Subrogation of the United States.

Upon payment of compensation under subtitle B, the United States is

subrogated for the amount of the payment to a right or claim that the

individual to whom the payment was made may have against any person

on account of injuries referred to in section 3641.

Sec. 3643. Payment in Full Settlement of Claims.

The acceptance by an individual of payment of compensation under

subtitle B with respect to a covered employee shall be in full satisfaction

of all claims of or on behalf of that individual against the United States,

against a Department of Energy contractor or subcontractor, beryllium vendor, or atomic weapons employer, or against any person with respect to

that person's performance of a contract with the United States, that arise

out of an exposure referred to in section 3641.

Sec. 3644. Exclusivity of Remedy Against the United States and

Against Contractors and Subcontractors. . : (a) IN GENERAL.-The liability of the United States or an

instrumentality of the United States under this title with respect to a cancer

(including a specified cancer), chronic silicosis, covered beryllium illness,

or death related thereto of a covered employee is exclusive and instead of

all other liability-

(1) of-

* •(A) the United States;

* (B) any instrumentality of the United States;

(C) a contractor that contracted with the Department of Energy

to provide management and operation, management and

integration, or environmental remediation of a Department of

Energy facility (in its capacity as a contractor); (D) a subcontractor that provided services, including

construction, at a Department of Energy facility (in its capacity as a

subcontractor); and

(E) an employee, agent, or assign of an entity specified in

subparagraphs (A) through (D);

(2) to-

(A) the covered employee; (B) the covered employee's legal representative, spouse,

dependents, survivors, and next of kin; and

(C) any other person, including any third party as to whom the

covered employee, or the covered employee's legal representative,

spouse, dependents, survivors, or next of kin, has a cause of action

Volume 1, Page 9-32
relating to the cancer (including a specified cancer), chronic

silicosis, covered beryllium illness, or death, otherwise entitled to

recover damages from the United States, the instrumentality, the

contractor, the subcontractor, or the employee, agent, or assign of

one of them, because of the cancer (including a specified cancer),

chronic silicosis, covered beryllium illness, or death in any

proceeding or action including a direct judicial proceeding, a civil

action, a proceeding in admiralty, or a proceeding under a tort

liability statute or the common law.

(b) APPLICABIL1TY.-This section applies to all cases filed on or

after the date of the enactment of this Act. :

(c) WORKERS' COMPENSATION.-This section does not apply to an

administrative or judicial proceeding under a Federal or State workers'

compensation law.

Sec. 3645. Election of Remedy for Beryllium Employees and Atomic

Weapons Employees. I (a) ELECTION TO FILE SUIT.-If a tort case is filed after the date of

the enactment of this Act, alleging a claim referred to in section 3643

against a beryllium vendor or atomic weapons employer, the plaintiff shall

not be eligible for compensation or benefits under subtitle B unless the

plaintiff files such case within the applicable time limits in subsection (b).

(b) APPLICABLE TIME LIMITS.-A case described in subsection (a)

shall be filed not later than the later of-

(1) the date that is 30 months after the date of the enactment of this

Act; or

r(2) the date that is 30 months after the date the plaintiff first

becomes aware that an illness covered by subtitle B of a covered

employee may be connected to the exposure of the covered employee

in the performance of duty.

(c) DISMISSAL OF CLAIMS.-Unless a case filed under

fsubsection (a) is dismissed prior to the time limits in subsection (b), the

plaintiff shall not be eligible for compensation under subtitle B.

(d) DISMISSAL OF PENDING SUIT.-If a tort case was filed on or

before the date of the enactment of this Act, alleging a claim referred to in

section 3643 against a beryllium vendor or atomic weapons employer, the

plaintiff shall not be eligible for compensation or benefits under subtitle B

unless the plaintiff dismisses such case not later than December 31, 2003.

(e) WORKERS' COMPENSATION.-This section does not apply to an

administrative or judicial proceeding under a State or Federal workers'

compensation law.

Sec. 3646.Certification of Treatment of Payments under Other Laws.

Compensation or benefits provided to an individual under subtitle B-

(1) shall be treated for purposes of the internal revenue laws of the

United States as damages for human suffering; and

(2) shall not be included as income or resources for purposes of

determining eligibility to receive benefits described in

section 3803(c)(2)(C) of title 3 1, United States Code, or the amount of

such benefits'.

Sec. 3647. Claims Not Assignable or Transferable; Choice of

Remedies.

(a) CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.-No claim

cognizable under subtitle B shall be assignable or transferable.

Volume 1, Page 9-33
(b) CHOICEOF REMEDIES.-No individual may receive more than

one payment of compensation under subtitle B.

Sec. 3648. Attorney Fees. &

(a) GENERAL RULE.-Notwithstanding any contract, the

representative of an individual may not receive, for services rendered in

connection with the claim of an individual under subtitle B, more than that

percentage specified in subsection (b) of a payment made under subtitle B

on such claim.

(b) APPLICABLE PERCENTAGELLMITATIONS.-The percentage

referred to in subsection (a) is--. : .. 1 1,

(1) 2 percent for the filing of an initial claim; and

(2)10percent with respect toany claim with respect to which a

representative has made a contract for services before the date of the

enactment of this Act..-

(c) PENALTY.-Any such representative who violates this section shall

be fined not more than $5,000.

Sec. 3649. Certain Claims Not Affected by Awards of Damages.

A payment under subtitle B shall not be considered as any form of

compensation orireimbursement for a loss for purposes of imposing

liability on any individual receiving such payment, on the basis of such

receipt, to repay any insurance carrier for insurance payments, or to repay

any person on account of worker's compensation payments; and a payment

under subtitle B shall not affect any claim against an insurance carrier with

respect to insurance or against any person with respect to worker's

compensation.

Sec. 3650. Forfeiture of Benefits by Convicted Felons.

I (a) FORFEITURE OF COMPENSATION.-Any individual convicted

of a violation of section 1920 of title 18, United States Code, or any other

Federal or State criminal statuterelating to fraud in the application for or

receipt of any benefit under subtitle B or under any other Federal or State

workers' compensation law, shall forfeit (as of the date of such conviction)

any entitlement to any compensation or benefit under subtitle B such

-individual would otherwise be awarded for any injury, illness or death

covered by subtitle B for which the time of injury was on or before the

dateof the conviction. , 552a of title.5, United

(b) INFORMATION.-Notwithstanding section 552a of title 5, United

States Code, or any other Federal or State law, an agency of the United

States, a State, or a political subdivision Of a State shall make available to

the President, upon written request from the President and if the President

requires the information to carry out this section, the names and Social

Security account numbers of individuals confined, for conviction of a

felony, ýin a jail, prison, or other penal institution or correctional facility

under the jurisdiction of that agency.•: , Sec. 3651. Coordination with Other Federal Radiation Compensation

Laws.

Except in accordance with section 3630, an individual may not receive

compensation or benefits under the compensation program for cancer and

also receive compensation under the Radiation Exposure Compensation

Act (42 U.S.C. 2210 note) or section 1112(c) of title 38, United States

Code.

Volume 1, Page 9-34
SUBTITLE D--ASSISTANCE IN STATE WORKERS' COMPENSATION PROCEEDINGS

Sec. 3661. Agreements with States.

(a) AGREEMENTS AUTHORIZED.-The Secretary of Energy

(hereafter in this section referred to as the "Secretary") may enter into

agreements with the chief executive officer of a State to provide assistance

to a Department of Energy contractor employee in filing a claim under the

appropriate State workers' compensation system. ý (b) PROCEDURE.-Pursuant to agreements under subsection (a), the

Secretary may- (1) establish procedures under which an individual may submit an

application for review and assistance under this section; and

(2) review an application submitted under this section and

determine whether the applicant submitted reasonable evidence that-

(A) the application was filed by or on behalf of a Department of

Energy contractor employee or employee's estate; and

(B),the illness or death of the Department of Energy contractor

employee may have been related to employment at a Department of

Energy facility. (c) SUBMITTAL OF APPLICATIONS TO PANELS.-If provided in

an agreement under subsection (a), and if the Secretary determines that the

applicant submitted reasonable evidence under subsection (b)(2), the

Secretary shall submit the application to a physicians panel established

under subsection (d). The Secretary shall assist the employee in obtaining additional evidence within the control of the Department of Energy and

relevant to the panel's deliberations.

(d) COMPOSITION AND OPERATION OF PANELS.-

(1) The Secretary shall inform the Secretary of Health and Human

Services of the number of physicians panels the Secretary has

determined to be appropriate to administer this section, the number of

physicians needed for each panel, and the area ofjurisdiction of each

panel. The Secretary may determine to have only one panel. (2)(A) The Secretary of Health and Human Services shall

appoint panel members with experience and competency in

diagnosing occupational illnesses under section 3109 of title 5,

United States Code.

(B) Each member of a panel shall be paid at the rate of pay

payable for level m of the Executive Schedule for each day (including travel time) the member is engaged in the work of a

panel.

(3) A panel shall review an application submitted to it by the

Secretary and determine, under guidelines established by the Secretary, by regulation, whether the illness or death that is the subject of the

application arose out of and in the course of employment by the

Department of Energy and exposure to a toxic substance at a

Department of Energy facility.

(4) At the request of a panel, the Secretary and a contractor who

employed a Department of Energy contractor employee shall provide

additional information relevant to the panel's deliberations. A panel

may consult specialists in relevant fields as it determines necessary.

Volume 1, Page 9-35
(5) Once a panel has made a determination under paragraph (3), it

shall report to the Secretary its determination and the basis for the

determination.

(6) A panel established under this subsection shall not be subject to

the Federal Advisory Committee Act (5 USC App.).

(e) ASSISTANCE.-If provided in an agreement under subsection (a)-

(1) the Secretary shall review a panel's determination made under

subsection (d), information the panel considered in reaching its

determination, any relevant new information not reasonably available

at the time of the panel's deliberations, and the basis for the panel's

determination; (2) as a result of the review under paragraph (1), the Secretary shall

accept the panel's determination in the absence of significant evidence

to the contrary; and

(3) if the panel has made a positive determination under

subsection (d) and the Secretary accepts the determination under

paragraph (2), or the panel has made a negative determination under

subsection (d) and the Secretary finds significant evidence to the

contrary-5

(A) the Secretary shall assist the applicant to file a claim under

the appropriateState workers' compensation system based on the

health condition that was the subject of the determination;

(B) the Secretary thereafter-

(i) may not contest such claim;

(ii) may not contest an award made regarding such claim;

and

(iii) may, to the extent permitted by law, direct the

Department of Energy contractor who employed the applicant

not to contest such claim or such award, unless the Secretary

finds significant new evidence to justify such contest; and

(C) any costs of contesting a claim or an award regarding the

claim incurred by the contractor who employed the Department of

Energy contractor employee who is the subject of the claim shall

not be an allowable cost under aDepartment of Energy contract.

(f) INFORMATION.-At the request of the Secretary, a contractor

who employed a Department of Energy contractor employee shall make

available to the Secretary and the employee information relevant to

deliberations under this section.

(g) GAO REPORT.-Not later than February 1, 2002, the Comptroller

General shall submit to Congress a report on the implementation by the

Department of Energy of the provisions of this section and of the

effectiveness of the program under this section in assisting Department of

Energy contractor employees in obtaining compensation for occupational

illness.

Volume 1, Page 9-36
4. NATIONAL DEFENSE AUTHORIZATION ACT FOR

FISCAL YEAR 2000'.

Public Law 106-65 113 Stat. 927

October 5,1999

Sec. 3134. Procedures for Meeting Tritium Production

Requirements.''. (a) PRODUCTION OF NEW TRITIUM-The Secretary of Energy

shall produce new tritium to meet the requirements of the Nuclear

Weapons Stockpile Memorandum at the Tennessee Valley Authority

Watts Bar or Sequoyah nuclear power plants consistent with the

Secretary's December 22, 1998, decision document designating the

Secretary's preferred tritium production technology.

(b) SUPPORT-To support the method of tritium production set forth

in subsection (a), the Secretary shall design and construct a new tritium

extraction facility in the H-Area of the Savannah River Site, Aiken, South

Carolina.

(c) DESIGN AND ENGINEERING DEVELOPMENT-The Secretary

shall-

(1) complete preliminary design and engineering development of

the Accelerator Production of Tritium technology design as a backup

source of tritium to the source set forth in subsection (a) and consistent

with the Secretary's December 22, 1998, decision document; and (2) make available those funds necessary to complete engineering

development and demonstration, preliminary design, and detailed

design of key elements of the system consistent with the Secretary's decision document of December 22, 1998.

5. STROM THURMOND NATIONAL DEFENSE

AUTHORIZATION ACT FOR

'FISCAL YEAR 1999

Public Law 105-261 112 Stat. 2247

October 17, 1998

Sec. 3134. Licensing of Certain Mixed Oxide Fuel Fabrication and

Irradiation Facilities

(a) LICENSE REQUIREMENT-Section 202 of the Energy

Reorganization Act of 1974 (42 USC 5842) is amended by adding at the

end the following new paragraph: 1 "(5) Any facility under a contract with and for the account of the

Department of Energy that is utilized for the express purpose of

'This section, which was enacted as section 3134 of Public Law 106-65, was redesignated section 4235 of

Act, Public Law 107-314, by section 3141(e)(20) of Public Law 108-136 (117 Stat. 1762).

Volume 1, Page 9-37
fabricating mixed plutonium-uranium oxide nuclear reactor fuel for use

ina commercial nuclear reactor licensedunder such Act, other than

any such facility t hat is utilized for research, development,

demonstration, testing, or analysis purposes.".

,42 USC 5842 note. (b) AVAILABILITY OF FUNDS FOR LICENSING BY

NRC-Section 210 of the Department of Energy Authorization Act of 1981

(42 USC 7272) shall not apply to any licensing activities required pursuant

to section 202(5) of the Energy Reorganization Act of 1974 (42 USC

5842), as added by subsection (a).

42 USC 5842 note.' (cy APPLICABILITY OF OCCUPATIONAL SAFETY AND

HEALTH REQUIREMENTS TO ACTIVITIES UNDER LICENSE-Any

activities carried out under a license required pursuant to section 202(5) of

the Energy Reorganization Act of 1974 (42 USC 5842), as added by

subsection t(a), shall be subject to regulation under the Occupational

Safety and Health Act of 1970 (29 USC 651 et seq.).

Sec. 3155. Disposition of Surplus Defense Plutonium at Savannah .River Site, Aiken, South Carolina.

(a) CONSULTATION REQUIRED.-The Secretary of Energy shall

consult with the Governor of the State of South Carolina regarding any

decisions or plans of the Secretary related to the disposition of surplus

defense plutonium and defense plutonium materials located at the

Savannah River Site, Aiken, South Carolina.

(b) NOTICE REQUIRED.-For each shipment of defense plutonium or

defense plutonium materials to the Savannah River Site, the Secretary

shall, not less than 30 days before the commencement of such shipment,

submit to the congressional defense committees a report providing notice

of such shipment.

(c) PLAN FOR DISPOSITION.-The Secretary shall prepare a plan for

disposal of the surplus defense plutonium and defense plutonium materials

currently located at the Savannah River Site and for disposal of defense

plutonium and defense plutonium materials to be shipped to the Savannah

River Site in the future. The plan shall include the following:

(1) A review of each option considered for such disposal. .(2) An identification of the preferred option for such disposal.

(3) With respect to the facilities for such disposal that are required

by the Department of Energy's Record of Decision for the Storage and

Disposition of Weapons-Usable Fissile Materials Final Programmatic

Environmental Impact Statement dated January 14, 1997-

(A) a statement of the cost of construction and operation of

such facilities;

(B) a schedule for the expeditious construction of such

facilities, including milestones; and

(C) a firm schedule for funding the cost of such facilities.

(4) A specification of the means by which all such defense

plutonium and defense plutonium materials will be removed in a timely

manner from the Savannah River Site for storage or disposal

elsewhere.

(d) PLAN FOR, ALTERNATIVE DISPOSITION.-If the Secretary

determines not to proceed at the Savannah River Site with construction of

the plutonium immobilization plant, or with the mixed oxide fuel

fabrication facility, the Secretary shall prepare a plan that identifies a

Volume 1, Page 9-38
disposition path for all defense plutonium and defense plutonium materials

that would otherwise have been disposed of at such plant or such facility,

as applicable. -

Deadline. . (e) SUBMISSION OF PLANS.-Not later than February 1, 2002, the

Secretary shall submit to Congress the plan required by subsection (c) (and the plan prepared under subsection (d), if applicable). (f) LIMITATION ON PLUTONIUM SHIPMENTS.-If the Secretary does not submit to Congress the plan required by subsection (c) (and the plan prepared under subsection (d), if applicable) by February 1, 2002, the

Secretary shall be prohibited from shipping defense plutonium or defense

plutonium materials to the Savannah River Site during the period beginning on-February 1, 2002, and ending on the date on which such

plans are submitted to Congress.

(g) RULE OF CONSTRUCTION.-Nothing in this section may be construed to prohibit or limit the Secretary from shipping defense

plutonium or 'defense plutonium materials to sites other than the Savannah

River Site during the period referred to in subsection (f) or any other

period.

(h) ANNUAL REPORT ON FUNDING FOR FISSILE MATERIALS

DISPOSITION ACTIVITIES.-The Secretary shall include with the budget justification materials submitted to Congress in support of the

Department of Energy budget for each fiscal year (as submitted with the

budget of the President under section 41105(a) of title 31, United States

Code) a report setting forth the extent to which amounts requested for the

Department for such fiscal year for fissile materials disposition activities

will enable the Department to meet commitments for the disposition of

surplus defense plutonium and defense plutonium materials located at the

Savannah River Site, and for any other fissile materials disposition :activities, in such fiscal year.

'6. MISCELLANEOUS NUCLEAR DOE PROVISIONS, ENACTED BY PUBLIC LAW 108-58, THE ENERGY

POLICY ACT OF 2005

-Public Law 109-58 119 Stat. 785

.-.AuguSt 8, 2005

Sec. 628. Decommissioning Pilot Program. 2

(a) PILOT PROGRAM.-The Secretary shall establish a

decommissioning pilot program under which the Secretary shall

decommission and decontaminate the sodium-cooled fast breeder

experimental test-site reactor located in northwest Arkansas, in accordance

with the decommissioning activities contained in the report of the

Department relating to the reactor, dated August 31, 1998.

(b) AUTHORIZATION OF APPROPRIATIONS.-There is authorized

to be appropriated to the Secretary to carry out this section $16,000,000.

2

Public Law 109-58 (119 Stat. 785), August 8, 2005: added Section 628.

Volume 1, Page 9-39
42 USC 16011.

42 USC 16012.

42 USC 16013.

* Sec' 634. Demonstration Hydrogen Production at Existing Nuclear

Power Plants.3

(a) DEMONSTRATION PROJECTS.-The Secretary shall provide for

the establishment of 2 projects in geographic areas that are regionally and

climatically diverse to demonstrate the commercial production of

hydrogen at existing nuclear power plants.,

(b) ECONOMIC ANALYSIS.-Prior to making an award under

* subsection (a), the Secretary shall determine whether the use of existing

nuclear power plants is a cost-effective means of producing hydrogen.

(c) AUTHORIZATION OF APPROPRIATIONS.-There are

authorized to be appropriated to the Secretary for the purposes of carrying

out this section not more than $100,000,000. -

Sec. 635. Prohibition on Assumption by United States government of

Liability for Certain Foreign Incidents.! . (a) IN GENERAL.-Notwithstanding any other provision of law, no

officer of the United States or of any department, agency, or

instrumentality of the United States Government may enter into any

contract or other arrangement, or into any amendment or modification of a

contract or other arrangement, the purpose or effect of which would be to

directly or indirectly impose liability on the United States Government, or

any department, agency, or instrumentality of the United States

!Government, or to otherwise directly or indirectly require an indemnity by

the United States Government, for nuclear incidents occurring in

connection with the design, construction, or operation of a production

facility or utilization facility in 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, as of September 11,2001, had been determined by the Secretary of

State under section 620A(a) of the Foreign Assistance Act of 1961 (22

U.S.C. 237 1(a)), section 60)(1) of the Export Administration Act of 1979

(50 U.S.C. App. 24050)(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). This section shall not apply to nuclear incidents

occurring as a result of missions, carried out under the direction of the

Secretary, the Secretary of Defense, or the Secretary of State, that are

necessary to safely secure, store, transport, or remove nuclear materials for

nuclear safety or nonproliferation purposes.

(b) DEFINITIONS.-The terms used in this section shall have the same

meaning as those terms have under section 11 of the Atomic Energy Act of

1954 (42 U.S.C. 2014), unless otherwise expressly provided in this

section.

Sec. 636. Authorization of Appropriations.' There are authorized to be appropriated such sums as are necessary to

carry out this subtitle and the amendments made by this subtitle.

VPublic Law 109-58 (119 Stat. 790), August 8, 2005: added Section 634.

'Public Law 109-58 (119 Stat. 790), August 8, 2005: added Section 635.

sPublic Law 109-58 (119 Stat. 791), August 8, 2005: added Section 636.

Volume 1, Page 9-40
Sec. 638. Standby Support for Certain Nuclear Plant Delays.6

42 USC 16014. (a) DEFINITIONS.-In this section:

(1) ADVANCED NUCLEAR FACILITY.-The term "advanced

nuclear facility" means any nuclear facility the reactor design for

which is approved after December 31, 1993, by the Commission (and

such design or a substantially similar design of comparable capacity

was not approved on or before that date).

(2) COMBINED LICENSE.-The term "combined license" means a

combined construction and operating license for an advanced nuclear

facility issued by the Commission.

(3) COMMISSION.-The term "Commission" means the Nuclear

Regulatory Commission.

(4) SPONSOR.-The term "sponsor" means a person who has

applied for or been granted a combined license.

(b) CONTRACT AUTHORITY.-

(1) IN GENERAL.-The Secretary may enter into contracts under

this section with sponsors of an advanced nuclear facility that cover a

total of 6 reactors, with the 6 reactors consisting of not more than 3

different reactor designs, in accordance with paragraph (2).

(2) REQUIREMENT FOR CONTRACTS.-

(A) DEFINITION OF LOAN COST.-In this paragraph, the

term "loan cost" has the meaning given the term "cost of a loan

guarantee"' under section 502(5)(C) of the Federal Credit Reform

Act of 1990 (2 U.S.C. 661a(5)(C)).

(B) ESTABLISHMENT OF ACCOUNTS.-There is

established in the Department 2 separate accounts, which shall be

known as the-

(i) "Standby Support Program Account"; and

(ii) "Standby Support Grant Account".

(C) REQUIREMENT.-The Secretary shall not enter into a

contract under this section unless the Secretary deposits-

(i) in the Standby Support Program Account established

under subparagraph (B), funds appropriated to the Secretary in

advance of the contract or a combination of appropriated funds

and loan guarantee fees that are in an amount sufficient to cover

-the loan costs described in subsection (d)(5)(A); and

(ii) in the Standby Support Grant Account established under

subparagraph (B), funds appropriated to the Secretary in

advance of the contract, paid to the Secretary by the sponsor of

the advanced nuclear facility, or a combination of

appropriations and payments that are in an amount sufficient

cover. the costs described in subparagraphs (B), (C), and (D) of

subsection (d)(5).'

(c) COVERED DELAYS.-

(1) INCLUSIONS.-Under each contract authorized by this section,

the Secretary shall pay the costs specified in subsection (d), using

funds appropriated or collected for the covered costs, if full power

operation of the advanced nuclear facility is delayed by-

(A) the failure of the Commission to comply with schedules for

review and approval of inspections, tests, analyses, and acceptance

6

Public Law 109-58 (119 Stat. 791), August 8, 2005: added Section 638. 7

Public Law 109-58 (119 Stat. 792), August 8, 2005; section 638. Note: Congress did not include §§ (C)

and (D) in subsection (d)(5) of this Act.

Volume 1, Page 9-41
criteria established under the combined license or the conduct of

preoperational hearings by the Commission for the advanced

nuclear facility; or

(B) litigation that delays the commencement of fullpower

operations of the advanced nuclear facility.

(2) EXCLUSIONS.-The Secretary may not enter into any contract

under this section that would obligate the Secretary to pay any costs

resulting from- . (A) the failure of the sponsor to take any action required by law

or regulation;

(B) events within the control of the sponsor; or

(C) normal business risks.

(d) COVERED COSTS.- (1) IN GENERAL.-Subject to paragraphs (2), (3), and (4), the

costs that shall be paid by the Secretary pursuant to a contract entered

into under this section are the costs that result from a delay covered by

the contract.

(2) INITIAL 2 REACTORS.-In the case of the first 2 reactors that

receive combined licenses and on which construction is commenced,

the Secretary shall pay-

(A) 100 percent of the covered costs of delay; but

(B) not more than $500,000,000 per contract.

(3) SUBSEQUENT 4 REACTORS.-In the case of the next 4

reactors that receive a combined license and on which construction is

commenced, the Secretary shall pay- (A) 50 percent of the covered costs of delay that occur after the

initial 180-day period of covered delay; but

(B) not more than $250,000,000 per contract.

(4) CONDITIONS ON PAYMENT OF CERTAIN COVERED

COSTS.-

(A) IN GENERAL.-The obligation of the Secretary to pay the

covered costs described in subparagraph (B) of paragraph (5) is

subject to the Secretary receiving from appropriations or payments

from other non-Federal sources amounts sufficient to pay the

covered costs.

(B) NON-FEDERAL SOURCES.-The Secretary may receive

and accept payments from any non-Federal source, which shall be

made available without further appropriation for the payment of the

covered costs.I

(5) TYPES OF COVERED COSTS.-Subject to paragraphs (2),

(3), and (4), the contract entered into under this section for an

advanced nuclear facility shall include as covered costs those costs that

result from a delay during construction and in gaining approval for fuel

loading and full-power operation, including-

(A) principal or interest on any debt obligation of an advanced

nuclear facility owned by a non-Federal entity; and

(B) the incremental difference between-

(i) the fair market price of power purchased to meet the

contractual supply agreements that would have been met by

the advanced nuclear facility but for the delay; and

(ii) the contractual price of power from the advanced

nuclear facility subject to the delay.

Volume 1, Page 9-42
- (e) REQUIREMENTS.-Any contract between a sponsor and the

Secretary covering an advanced nuclear facility Under this section shall

require the sponsor to use due diligence to shorten, and to end, the delay

covered by the contract. (f) REPORTS.-For each advanced nuclear facility that is covered by a

contract under this section, the Commi'ssion shall submit to Congress and

the Secretary quarterly reports summarizing the status of licensing actions

associated with the advanced nuclear facility.

(g) REGULATIONS.-

(I) IN GENERAL.-Subject to paragraphs (2) and (3), the

Secretary shall issue such regulations as are necessary to carry out

this section.

Deadline. Public (2) INTERIM FINALRULEMAKING.-Not later than 270

information. days after the date of enactment of this Act, the Secretary shall

issue for public comment an interim final rule regulating contracts

:authorized by this section.

Deadline. (3) NOTICE OF FINAL RULEMAKING.-Not later than

-I 1 year after the date of enactment of this Act, the Secretary shall

'issue a notice of final rulemaking regulating the contracts.

(h) AUTHORIZATION OF APPROPRIATIONS.-There are

authorized to be appropriated such sums as are necessary to carry out this

section.

SUBTITLE C-NEXT GENERATION NUCLEAR

PLANT PROJECT

Sec. 641. Project Establishment.s

42 USC 16021. (a) ESTABLISHMENT.-The Secretary shall establish a project to be

known as the "Next Generation Nuclear Plant Project" (referred to in this

subtitle as the !Project").

(b) CONTENT.-The Project shall consist of the research, development, design, construction,-and operation of a prototype plant, including a

nuclear reactor that- ".

(1) is based on research and development activities supported by

the Generation IV Nuclear Energy Systems Initiative under

section 942(d); and

(2) shall be'used-

(A) to generate electricity; (B) to produce hydrogen; or

(C) both to generate electricity and to produce hydrogen.

Sec.-642. Project Management.'

42 USC 16022.?- (a) DEPARTMENTAL MANAGEMENT.-

(1) IN GENERAL.-The Project shall be managed in the

Department by the Office of-Nuclear Energy, Science, and

Technology. (2) GENERATION IV NUCLEAR ENERGY SYSTEMS

PROGRAM.-The Secretary may combine the Project with the

Generation IV Nuclear Energy Systems Initiative.

(3) EXISTING DOE PROJECT MANAGEMENT

EXPERTISE.-The Secretary may utilize capabilities for review of

"Public Law 109-58 (119 Stat. 794), August 8, 2005: added Section 641.

'Public Law 109-58 (119 Stat.-795), August 8,2005: added Section 642.

Volume 1, Page 9-43
construction projects for advanced scientific facilities within the Office

of Science to track the progress of the Project.

(b) LABORATORY MANAGEMENT.-

(1) LEAD LABORATORY.-The Idaho National Laboratory shall

be the lead National Laboratory for the Project and shall collaborate

with other National Laboratories, institutions of higher education,

other research institutes, industrial researchers, and international

researchers to carry out the Project.

(2) INDUSTRIAL PARTNERSHIPS.-

(A) IN GENERAL.-The Idaho National Laboratory shall

organize a consortium of appropriate industrial partners that

will carry out cost-shared research, development, design, and

construction activities, and operate research facilities, on behalf

of the Project.

(B) COST-SHARING.-Activities of industrial partners

funded by the Project shall be cost-shared in accordance with

section 988.

(C) PREFERENCE.-Preference in determining the final

structure of the consortium or any partnerships under this

subtitle shall be given to a structure (including designating as a

lead industrial partner an entity incorporated in the United

States) that retains United States technological leadership in the

Project while maximizing cost sharing opportunities and

minimizing Federal funding responsibilities.

(3) PROTOTYPE PLANT SITING.-The prototype nuclear reactor

and associated plant shall be sited at the Idaho National Laboratory in

Idaho.

(4) REACTOR TEST CAPABILITIES.-The Project shall use, if

appropriate, reactor test capabilities at the Idaho National Laboratory.

(5) OTHER LABORATORY CAPABILITIES.-The Project may

use, if appropriate, facilities at other National Laboratories.

Sec. 643. Project Organization."'

(a) MAJOR PROJECT ELEMENTS.-The Project shall consist of the

following major program elements:

(1) High-temperature hydrogen production technology

development and validation.

(2) Energy conversion technology development and validation.

(3) Nuclear fuel development, characterization, and qualification.

(4) Materials selection, development, testing, and qualification.

(5) Reactor and balance-of-plant design, engineering, safety

analysis, and qualification.,

(b) PROJECT PHASES.-The Project shall be conducted in the

following phases:

(1) FIRST PROJECT PHASE.-A first project phase shall be

conducted to-

(A) select and validate the appropriate technology under

subsection (aX 1);

(B) carry out enabling research, development, and

demonstration activities on technologies and components under

paragraphs (2) through (4) of subsection (a);

42 USC 16023.

'

0

Public Law 109-58 (119 Stat. 795), August 8, 2005: added Section 643.'

Volume 1, Page 9-44
(C) determine whether it is appropriate to combine electricity

generation and hydrogen production in a single prototype nuclear

reactor and plant; and

(D) carry out initial design activities for a prototype nuclear

reactor and plant, including development of design methods and

safety analytical methods and studies under subsection (a)(5).

(2) SECOND PROJECT PHASE.-A second project phase shall be

conducted to-

(A) continue appropriate activities under paragraphs (1)

through (5) of subsection (a); (B) develop, through a competitive process, a final design for

the prototype nuclear reactor and plant;

(C) apply for licenses to construct and operate the prototype

nuclear reactor from the Nuclear Regulatory Commission; and

(D) construct and start up operations of the prototype nuclear

reactor and its associated hydrogen or electricity production

facilities.

(c) PROJECT REQUIREMENTS.-

(1) IN GENERAL-The Secretary shall ensure that the Project is

structured so-as to maximize the technical interchange and transfer of

technologies and ideas into the Project from other sources of relevant

expertise, including-

(A) the nuclear power industry, including nuclear power plant

construction firms, particularly with respect to issues associated

with plant design, construction, and operational and safety issues;

I (B) the chemical processing industry, particularly with respect

to issues relating to-

(i) the use of process energy for production of hydrogen;

and

(ii) the integration of technologies developed by the Project

into chemical processing environments; and

(C) international efforts in areas related to the Project,

particularly with respect to hydrogen production technologies.

(2) INTERNATIONAL COLLABORATION.-

(A) IN GENERAL.-The Secretary shall seek international

'cooperation, participation, and financial contributions for the

Project..

(B) ASSISTANCE FROM INTERNATIONAL PARTNERS.-

The Secretary, through the Idaho National Laboratory, may

contract for assistance from specialists or facilities from member

countries of the Generation'IV International Forum, the Russian

Federation, or other international partners if the specialists or

facilities provide access to cost-effective and relevant skills or test

capabilities. .(C) PARTNER NATIONS.-The Project may involve

demonstration of selected project objectives in a partner country. * I (D) GENERATION IV INTERNATIONAL FORUM.-The

Secretary shall ensure that international activities of the Project are

coordinated with the Generation IV International Forum.

(3) REVIEW BY NUCLEAR ENERGY RESEARCH

ADVISORY COMMITTEE.-

Volume 1, Page 9-45
(A) IN GENERAL.-The Nuclear Energy Research Advisory

Committee of the Department (referred to in this paragraph as the

"NERAC") shall- I (i) review all program plans for the Project and all progress

under the Project on an ongoing basis; and . (ii) ensure that important scientific, technical, safety, and

program management issues receive attention in the Project and

by the Secretary.

(B) ADDITIONAL EXPERTISE.-The NERAC shall

supplement the expertise of the NERAC or appoint subpanels to

incorporate into the review by the NERAC therelevant sources of

expertise described under paragraph (1).

of (C) INITIAL REVIEW.-Not later than 180 days after the date

of enactment of this Act, the NERAC shall-

(i) review existing program plans for the Project in light of

the recommendations of the document entitled "Design

Features and Technology Uncertainties for the Next Generation

Nuclear Plant," dated June 30,2004; and

(ii) address any recommendations of the document not

incorporated inprogram plans for the Project.

(D) FIRST PROJECT PHASE REVIEW.-On a determination

by the Secretary that the appropriate activities under the first

project phase under subsection (b)(1) are nearly complete, the

Secretary shall request the NERAC to conduct a comprehensive

review of the Project and to report to the Secretary the recommendation of the NERAC concerning whether the Project is ready to

proceed to the second project phase under subsection (b)(2).

(E) TRANSMITTAL OF REPORTS TO CONGRESS.-Not

later than 60 days after receiving any report from the NERAC

related to the Project, the Secretary shall submit to the appropriate

committees of the Senate and the House of Representatives a copy

of the report, along with any additional views of the Secretary that

the Secretary may consider appropriate.

Sec. 644. Nuclear Regulatory Commission.It

(a) IN GENERAL.-In accordance with section 202 of the Energy

Reorganization Act of 1974 (42 U.S.C. 5842), the Nuclear Regulatory

Commission shall have licensing and regulatory authority for any reactor

authorized under this subtitle.

(b) LICENSING STRATEGY.-Not later than 3 years after the date of

enactment of this Act, the Secretary and the Chairman of the Nuclear

Regulatory Commission shall jointly submit to the appropriate committees

of the Senate and the House of Representatives a licensing strategy for the

prototype nuclear reactor, including-

(1) a description of ways in which current licensing requirements

relating to light-water reactors need to be adapted for the types of

prototype nuclear reactor being considered by the Project;

(2) a description of analytical tools that the Nuclear Regulatory

Commission will have to develop to independently verify designs and

performance characteristics of components, equipment, systems, or

structures associated with the prototype nuclear reactor;

42 USC 16024.

Deadline.

"Public Law 109-58 (119 Stat. 797). August 8, 2005: added Section 644.

Volume 1, Page 9-46
42 USC 16025.

Deadline.

Reports.

Deadline.

Reports.

- (3) other research or development activities that may be required

on the part of the Nuclear Regulatory Commission in order to review a

license application for the prototype nuclear reactor; and

(4) an estimate of the budgetary requirements associated with the

licensing strategy.

(c) ONGOING INTERACTION.-The Secretary shall seek the active

participation of the Nuclear Regulatory Commission throughout the

duration of the Project to-

(1) avoid design decisions that will compromise adequate safety

margins in the design of the reactor or impair the accessibility of

nuclear safety-related components of the prototype reactor for

inspection and maintenance;

"- (2) develop tools to facilitate inspection and maintenance needed

for safety purposes; and

.(3) develop risk-based criteria for any future commercial

development of a similarreactor architectures.

Sec. 645. Project Timelines and Authorization of Appropriations."

r : (a)TARGET DATE TO COMPLETE THE FIRST PROJECT

PHASE.-Not later than September 30,2011, the Secretary shall-

(1) select the technology to be used by the Project for hightemperature hydrogen production and the initial design parameters for

theprototype nuclear plant; or

•,(2) submit to Congress a report establishing an alternative date for

making the selection.

(b) DESIGN COMPETITION FOR SECOND PROJECT PHASE.-

ý (1) IN GENERAL.-The Secretary, acting through the Idaho

National Laboratory, shall fund not more than 4 teams for not more

than 2 years to develop detailed proposals for competitive evaluation

and selection of a single proposal for a final design of the prototype

nuclear reactor. . (2) SYSTEMS INTEGRATION.-The Secretary may structure

Project activities in the second project phase to use the lead industrial

partner.of the competitively selected design under paragraph (1) in a

systems integration role for final design and construction of the

Project. , .... . . .. : i

(c) TARGET DATE TO COMPLETE PROJECT

CONSTRUCTION.-Not later than September 30, 2021, the Secretary

shall-

(1) complete construction and begin operations of the prototype

nuclear reactor and associated energy or hydrogen facilities; or

(2) submit to Congress a report establishing an alternative date for

completion.

(d) AUTHORIZATION OF APPROPRIATIONS.-There is authorized

to be appropriated to the Secretary for research and construction activities

under this subtitle (including for transfer. to the Nuclear Regulatory

Commission for activities under section 644 as appropriate)-

S(1) $1,250,000,000 for the period of fiscal years 2006 through

-2015;and

-, (2) such sums as are necessary for each of fiscal years 2016

through 2021. -L'I

'

2

Public Law 109-58 (119 Stat, 798), August 8,2005: added Section 645.

Volume 1, Page 9-47
42 USC 16042.

42 USC 1627 1.

Sec. 657. Department of Homeland Security Consultation.13

Before issuing alicense for a utilization facility, the Nuclear

Regulatory Commission shall consult with the Department of Homeland

Security concerning the potential vulnerabilities of the location of the

proposed facility to terrorist attack..

:Sec. 951. Nuclear Energy.,4

I (a) IN GENERAL-The Secretary shall conduct programs of civilian

nuclear energy research, development, demonstration, and commercial

application, including activities described in this subtitle. Programs under

this subtitle shall take into consideration the following objectives:

(I).Enhancing nuclear power's viability as part of the United States

energy portfolio.

(2) Providing the technical means to reduce the likelihood of

nuclear proliferation.

(3) Maintaining a cadre of nuclear scientists and engineers.

(4) Maintaining National Laboratory and university nuclear

programs, including:their infrastructure. (5) Supporting both individual researchers and multidisciplinary

teams of researchers to pioneer new approaches in nuclear energy,

science, and technology.

(6) Developing, planning, constructing, acquiring, and operating

special equipment and facilities for-the use of researchers.

(7) Supporting technology transfer-and other appropriate activities

to assist the nuclear energy industry, and other users of nuclear science

and engineering, including activities addressing reliability, availability,

productivity, component aging, safety, and security of nuclear power

plants.

(8) Reducing the environmental impact of nuclear energy related

activities.:

(b) AUTHORIZATION OF APPROPRIATIONS FOR CORE

PROGRAMS.-There are authorized to be appropriated to the Secretary to

carry out nuclear energy research, development, demonstration, and

commercial application activities, including activities authorized under

this subtitle, other than those described in subsection (c)-

(1) $330,000,000 for fiscal year 2007; (2) $355,000,000 for fiscal year 2008; and

(3) $495,000,000 for fiscal year 2009.

(c) NUCLEAR INFRASTRUCTURE AND FACILITIES.-There are

authorized to be appropriated to'the Secretary to carry out activities under

section 955-

(1) $135,000,000 for fiscal year 2007;

(2) $140,000,000 for fiscal year 2008; and -

(3) $145,000,000 for fiscal year 2009.

(d) ALLOCATIONS.-From amounts authorized under subsection (a),

'the following sums are authorized:

(1) For activities under section 953-

(A) $150,000,000 for fiscal year 2007;

(B) $155,000,000 for fiscal year 2008; and

(C) $275,000,000 for fiscal year 2009.

(2) For activities under section 954- , ,

"

3

Public Law 109-58 (119 Stat. 814), August 8, 2005: added Section 657.

14Public Law 109-58 (119 Stat. 884), August 8, 2005: added Section 95 1.

Volume 1, Page 9-48
42 USC 16272.

(A) $43,600,000 for fiscal year 2007;

(B) $50,100,000 for fiscal year 2008; and

(C) $56,000,000 for fiscal year 2009.

(3) For activities under section 957, $6,000,000 for each of fiscal

years 2007 through 2009.

(e) LIMITATION.-None of the funds authorized under this section

may be used to decommission the Fast Flux Test Facility.

Sec. 952. Nuclear Energy Research Programs.'5

(a) NUCLEAR ENERGY RESEARCH INITIATIVE.-The Secretary

shall carry out a Nuclear Energy Research Initiative for research and

development related to nuclear energy. - .- , (b) NUCLEAR ENERGY SYSTEMS SUPPORT PROGRAM.-The

Secretary shall carry out a Nuclear Energy Systems Support Program to

support research and development activities addressing reliability,

availability, productivity, component aging, safety, and security of existing

nuclear power plants.

(c) NUCLEAR POWER 2010 PROGRAM.- . 1 (1) IN GENERAL.-The Secretary shall carry out a Nuclear

Power 2010 Program, consistent with recommendations of the

Nuclear Energy Research Advisory Committee of the Department

in the report entitled "A Roadmap to Deploy New Nuclear Power

Plants in the United States by 2010" and dated October 2001.

(2) ADMINISTRATION.-The Program shall include-

(A) use of the expertise and capabilities of industry,

institutions of higher education, and National Laboratories in

evaluation of advanced nuclear fuel cycles and fuels testing;

(B) consideration of a variety of reactor designs suitable for

both developed and developing nations;

(C) participation of international collaborators in research,

development, and design efforts, as appropriate; and

I (D) encouragement for participation by institutions of

higher education and industry.

(d) GENERATION IV NUCLEAR ENERGY SYSTEMS

INITIATIVE.-

(1) IN GENERAL.-The Secretary shall carry out a Generation IV

Nuclear Energy Systems Initiative to develop an overall technology plan for and to support research and development necessary to make

an informed technical decision about the most promising candidates

for eventual commercial application.

(2) ADMINISTRATION.-In conducting the Initiative, the

Secretary~shall examine advanced proliferation-resistant and passively

safe reactor designs, including designs that-,

(A) are economically competitive with other electric power generation plants; ,

(B) have higher efficiency, lower cost, and improved safety

compared to reactors in operation on the date of enactment of this

A ct; ý . -I : ,,

(C) use fuels that are proliferation resistant and have

substantially reduced production of high-level waste per unit of

output; and

"

5

Public Law 109-58 (119 Stat.,885), August 8,2005: added Section 952.

Volume 1, Page 9-49
42 USC 16273.

42 USC 16274.

(D) use improved instrumentation.

(e) REACTOR PRODUCTION OF HYDROGEN.-The Secretary

shall carry out research to examine designs for high-temperature reactors

capable of producing large-scale quantities of hydrogen.

Sec. 953. Advanced Fuel Cycle Initiative.' 6

(a) IN GENERAL.-The Secretary, acting through the Director of the

Office of Nuclear Energy, Science and Technology, shall conduct an

advanced fuel recycling technology research, development, and

demonstration program (referred to in this section, as the "program") to

evaluate proliferation-resistant fuel recycling and transmutation

technologies that minimize environmental and public health and safety

impacts'as an alternative to aqueous reprocessing technologies deployed

as of the date of enactment of this Act in support of evaluation of

alternative national strategies for spent nuclear fuel and the Generation IV

advanced reactor concepts.

(b) ANNUAL REVIEW.-The program shall be subject to annual

review by the Nuclear Energy Research Advisory Committee of the

Department or other independent entity, as appropriate. , (c) INTERNATIONAL COOPERATION.-In carrying out the

program, the Secretary is encouraged to seek opportunities to enhance the

progress of the program through international cooperation. (d) REPORTS.-The Secretary shall submit, as part of the annual

budget submission of the Department, a report on the activities of the

program. -

Sec. 954. University Nuclear Science and Engineering Support.1 7

, (a) IN GENERAL.-The Secretary shall conduct a program to invest in

human resources and infrastructure in the nuclear sciences and related

fields, including health physics, nuclear engineering, and radiochemistry,

consistent with missions of the Department related to civilian nuclear

research, development, demonstration, and commercial application.

(b) REQUIREMENTS.-In carrying out the program under this section,

the Secretary shall-

(1) conduct a graduate and undergraduate fellowship program to

attract new and talented students, which may include fellowships for

students to spend time at National Laboratories in the areas of nuclear

science, engineering, and health physics with a member of the National

Laboratory staff acting as a mentor; , (2) conduct a junior faculty research initiation grant program to

assist universities in recruiting and retaining new faculty in the nuclear

sciences and engineering by awarding grants to junior faculty for

research on issues related to nuclear energy engineering and science;

: (3) support fundamental nuclear sciences, engineering, and health

physics research through a nuclear engineering education and research

program;

(4) encourage collaborative nuclear research among industry,

National Laboratories, and universities; and

(5) supportccommunication and outreach related to nuclear science,

engineering, and health physics.

(c) UNIVERSITY-NATIONAL LABORATORY INTERACTIONS.-

The Secretary shall conduct1

6

Public Law 109-58 (119 Stat. 886), August 8, 2005: added Section 953.

"

7Public Law 109-58 (119 Stat. 886), August 8, 2005: added Section 954.

Volume 1, Page 9-50
(1) a fellowship program for professors at universities to spend

sabbaticals at National Laboratories in the areas of nuclear science and

technology; and

(2) a visiting scientist program in which National Laboratory staff

can spend time in academic nuclear science and engineering

departments.

(d) STRENGTHENING UNIVERSITY RESEARCH AND

TRAINING REACTORS AND ASSOCIATED INFRASTRUCTURE.-In

carrying out the program under this section, the Secretary may support-

(1) converting research reactors from high-enrichment fuels to lowenrichment fuels and upgrading operational instrumentation;

(2) consortia of universities to broaden access to university

research reactors;

! -(3) student training programs, in collaboration with the United

States nuclear industry., in relicensing and upgrading reactors,

including through the provision of technical assistance; and

(4) reactor improvements as part of a taking-into consideration

effort that emphasizes research, training, and education, including

through the Innovations in Nuclear Infrastructure and Education

Program or any similar program.

(e) OPERATIONS AND MAINTENANCE.-Funding for a project provided under this section may be used for a portion of the operating and

maintenance costs of a research reactor at a university used in the project.

(f) DEFINITION.-In this section,, the term "junior faculty" means a

faculty member who was awarded a doctorate less than 10 years before

receipt of an award from the grant program described in subsection (b)(2).

Sec. 955. .Department of Energy Civilian Nuclear Infrastructure and

Facilities."'

(a) IN GENERAL-The Secretary shall operate and maintain

infrastructure and facilities to support the nuclear energy research,

-development, demonstration.- and commercial application programs,

including radiological facilities management, isotope production, and

facilities management.

-(b) DUTIES.-In carrying out this section, the Secretary shall-

(1),develop an inventory of nuclear science and engineering

facilities, equipment, expertise, and other assets at all of the National,

Laboratories;-

1 (2) develop a prioritized list of nuclear science and engineering

plant and equipment improvements needed at each of the National

Laboratories;

(3) consider the available facilities and expertise at all National

Laboratories and emphasize investments which complement rather

than duplicate capabilities; and

(4) develop a timeline and a proposed budget for the completion of

deferred maintenance on plant and equipment, with the goal of

ensuring that Department programs under this subtitle will be generally

recognized to be among the best in the world.

(c) PLAN.-The Secretary shall develop a comprehensive plan for the

facilities at the Idaho National Laboratory, especially taking into account

the resources available at other National Laboratories. In developing the

plan, the Secretary shall42 USC 16275.

"Public Law 109-58 (119 Stat. 887), August 8, 2005: added Section 955.

Volume 1, Page 9-51
Deadline.

42 USC 16276.

42 USC 16277.

Deadline.

3(1) evaluate the facilities planning processes utilized by other

physical science and engineering research and development

institutions, both in the United States and abroad, that are generally

recognized as being among the best in the world, and consider how

those processes might be adapted toward developing such facilities

plan;(2) avoid duplicating, moving, or transferring nuclear science and

engineering facilities, equipment, expertise, and other assets that

currently exist at other National Laboratories;

(3) consider the establishment of a national transuranic analytic

chemistry laboratory as a user facility at the Idaho National

Laboratory;

(4) include a plan to develop, if feasible, the Advanced Test

Reactor and Test Reactor Area into a user facility that is more readily

accessible to academic and industrial researchers;

(5) consider the establishment of a fast neutron source as a user

facility;

(6) consider the establishment of new hot cells and the

configuration of hot cells most likely to advance research,

development, demonstration, and commercial application in nuclear

science and engineering, especially in the context of the condition and

availability of these facilities elsewhere in the National Laboratories;

and

(7) include a timeline and a proposed budget for the completion of

deferred maintenance on plant and equipment.

(d) TRANSMITTAL TO CONGRESS.-Not later than 1 year after the

date of enactment of this Act, the Secretary shall transmit the plan under

subsection (c) to Congress.

Sec. 956. Security of Nuclear Facilities."

The Secretary, acting through the Director of the Office of Nuclear

Energy, Science and Technology, shall conduct a research and

development program on cost-effective technologies for increasing- (1) the safety of nuclear facilities from natural phenomena; and

(2) the security of nuclear facilities from deliberate attacks.

Sec. 957. Alternatives to Industrial Radioactive Sources.'

(a) SURVEY.-

(1) IN GENERAL.-Not later than August 1, 2006, the Secretary

shall submit to Congress the results of a survey of industrial

applications of large radioactive sources.

(2) ADMINISTRATION.-The survey shall-

(A) consider well-logging sources as one class of industrial

sources;

(B) include information on current domestic and international

Department, Department of Defense, State Department, and

commercial programs to manage and dispose of radioactive

sources; and (C) analyze available disposal options for currently deployed or

future sources and, if deficiencies are noted for either deployed or

future sources, recommend legislative options that Congress may

consider to remedy identified deficiencies.

'

9 Public Law 109-58 (119 Stat. 888), August 8, 2005: added Section 956. 2Public Law 109-58 (119 Stat. 888), August 8, 2005: added Section 957.

. Volume 1, Page 9-52
(b) PLAN.-.

.(1) IN GENERAL.-In conjunction with the survey conducted

under subsection (a), the Secretary shall establish a research and

development program to develop alternatives to sources described in

subsection (a) that reduce safety, environmental, or proliferation risks

to either workers using the sources or the public.

(2) ACCELERATORS.-Miniaturized particle accelerators for

well-logging or other industrial applications and portable accelerators

for production of short-lived radioactive materials at an industrial site

shall be considered as part of the research and development efforts.

(3) REPORT.-Not later than August 1, 2006, the Secretary shall

submit to Congress a report describing the details of the program plan.

NOTE:

APPROPRIATIONS LAWS ARE IN VOLUME 2

THE FOLLOWING ITEM #7 IS A TEMPORARY POSTING

AND WILL BE MOVED TO VOLUME 2 AT ITS

NEXT PUBLICATION

7. ENERGY &WATER DEVELOPMENT

APPROPRIATIONS ACT, 2006

Public Law 109-103 119 Stat. 2247

November 19,2005

An Act

Making appropriations for energy and water development for the fiscal

year ending September 30, 2006, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

Energy and Water That the following sums are appropriated, out of any money in the

Development Treasury not otherwise appropriated, for the fiscal year ending Appropriations September 30, 2006, for energy and water development, and for other

Act, 2006. purposes, namely:

TITLE IV-INDEPENDENT AGENCIES

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the

purposes of the Energy Reorganization Act of 1974, as amended, and the

Atomic Energy Act of 1954, as amended, including official representation

expenses (not to exceed $15,000), purchase of promotional items for use

Volume 1, Page 9-53
42 USC 2214.

in the recruitment of individuals for employment, $734,376,000, to remain

available until expended: Provided, That of the amount appropriated

herein, $46,118,000 shall be derived from the Nuclear Waste Fund:

Provided further, That revenues from licensing fees, inspection services,

and other services and collections estimated at $617,182,000 in fiscal year

2006 shall be retained and used for necessary salaries and expenses in this

account, notwithstanding 31 U.S.C. 3302, and shall remain available until

expended: Provided further, That the sum herein appropriated shall be

reduced by the amount of revenues received during fiscal year 2006 so as

to result in a final fiscal year 2006 appropriation estimated at not more

than $117,194,000: Provided further, That section 6101 of the Omnibus

Budget ReconciliationAct of 1990 is amended by inserting before the

period in subsection (c)(2)(B)(v) the words "and fiscal year 2006".

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying

out the provisions of the Inspector General Act of 1978, as amended,

$8,316,000, to remain available until expended: Provided, That revenues

from licensingfees, inspection services, and other services and collections

estimated at $7,485,000 in fiscal year 2006 shall be retained and be

available until expended, for necessary salaries and expenses in this

account, notwithstanding 31 U.S.C. 3302: Provided further, That the sum

herein appropriated shall be reduced by the amount of revenues received

during fiscal year 2006 so as to result in a final fiscal year 2006

appropriation estimated at not more than $831,000.

Volume 1, Page 9-54
NRC FORM 335 U.A NUCLEAR REGULATORY COMMISSIO. I. REPORT NUMBER 19-21)) PA07d dol ANDhyU Add Val. &4L Am, HtRCMD 3.7 8Ml Alddulm NMarb- If wq.)

BIBUOGRAPHIC DATA SHEET NUREG 0980

Vol. 1, No. 7, Rev. 1

2. TITLE AND SUBTITLE 3 DATE REPORT PUBIUSHED

Nuclear Regulatory Legislation MONY

109th Congress, 2d Session June 2006 4. FIN OR GRANT NUMBER

3. AUTHOR(S) 6. TYPE OF REPORT

Compilation of Nuclear Legislatior

7. PERIOD COVERED (&ho Dte)

Through 109th Congress

.PERFORMING ORGANIZATION -NAME AND ADDRESS (RANIRCgs.PM 041,• fO'•- rR~e•.% U& MuVdR.sokeYCo.n.ols .odo d I',ooME

Office of the General Counsel

U.S. Nuclear Regulatory Commission

Washington, D.C. 20555-0001

9. SPONSORING ORGANIZATO -NAME AM ADDRESS MMAC, b" T , w aboW.' 0 P, MAC •VMt • - • U. & N C

same as 8 above

10. SUPPLEMENTARY NOTES

11. ABSTRACT IS50oW6 I"i-)

This document ls a compilation of nuclear regulatory legislation and other relevant material through the 109th Congress, 2d

Session. this compilation has been prepared for use as a resource document, which the NRC Intends to update at the end of

every Congress.

The contents of NUPIEG 0980 Include The Atomic Energy Act of 1954, as amended; Energy ReorganizatIon Act of 1974, as

amended; Uranium Mill Tailings Radiation Control Act of 1978; Low-Level Radioactive Asia Policy Act Nuclear Waste Policy Act of 1982; and NRC Authorization end Appropriation Acts. Other materials Included are statutes and treaties on export

licensing, nuclear non-proliferation, and environmental protection.

12. KEY WORDSMDESCRIPTORS " -d. crt,-,.. fAt o..&u . ,W- I b.mg f. RYpo) 1. AVAILAWUTY STATE••T

Nuclear Regulatory Legislation; Atomic Energy Act; Energy Reorganization Act; Nuclear Waste Policy unlimited

Act; NRC Authorization and Appropriations Acts; Statutes; Treaties; Agreements on Export Licensing 14. SITY CLASSCnATION

and Nuclear Non-Proliferation. Iff P)

unclassified

unclassified

15. NUMBER OF PAGES

16 PRICE

NRC FORM M35 (11-2W4) PAINTED ON RECYCLED PAPIER


I

31

Atomic Energy Act of 1954, as Amended

Energy Reorganization Act of 1974, as Amended

Low-Level Radioactive Waste Policy Amendments

of 1985 (Title I)

High-Level Radioactive Waste

Uranium Mill Tailings

Hazardous Materials Transportation Act, as Amended

NRC User Fees

Administrative Law Statutes

Miscellaneous

T

51

J1